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06-06-2017 Regular Meeting AgendaTuesday, June 6, 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 Vice Mayor Jim Chard Deputy Vice Mayor Shirley Ervin Johnson Commissioner Shelly Petrolia Commissioner Mitchell Katz Regular Commission Meeting Regular Meeting at 6:00 PM Public Hearings 7:00 p.m. Commission Chambers RULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A.Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B.Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C.All persons desiring to do a presentation on agenda or non-agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the to speak, please complete the sign -in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. June 6, 2017City Commission Regular Commission Meeting 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 4. PRESENTATIONS: PRESENTING MATTHEW REYNOLDS, LIFEGUARD, WITH EMPLOYEE OF THE MONTH FOR JUNE 2017. 4.A. Motion to Approve Matthew Reynolds as Employee of the Month for June 2017. Recommendation: Sponsors:Human Resources Department Matthew Reynolds EOM Nomination FormAttachments: SISTER CITIES' PRESENTATION4.B. Sponsors:City Clerk Department FY 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT - CALER, DONTEN, LEVINE, PORTER & VEIL, P.A. 4.C. City of Delray Beach 2016 CAFRAttachments: 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 various sets of minutesRecommendation: Sponsors:City Clerk Department 05-16-17 Minutes 05-16-17 Item 7.A Attachments: THIRD ADDENDUM TO THE EMPLOYMENT AGREEMENT DATED NOVEMBER 22, 2016 WITH NEAL DE JESUS 6.B. Motion to Approve the Third Addendum to the Employment Agreement dated November 22, 2016 with Neal de Jesus. Recommendation: Sponsors:City Attorney Department 3rd Addendum to Employment Agt with Chief de Jesus-FinalAttachments: Page 3 City of Delray Beach Printed on 5/30/2017 June 6, 2017City Commission Regular Commission Meeting ATLANTIC CROSSING FINAL SUBDIVISION PLAT6.C. Motion to Approve the Final Subdivision Plat for Atlantic Crossing, 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, together with recording of the public access easement as approved by the City Attorney simultaneously with the recording of the final plat. Recommendation: Sponsors:Planning & Zoning Department Atlantic Crossing Location Map Plat 4-21-17 atlantic crossing plat report_201705051012-1 AC Survey Ingress -Egress Easement and legal Attachments: LANDSCAPE MAINTENANCE AGREEMENT FOR 912 PALM TRAIL6.D. Recommended Action: Motion to Accept a Landscape Maintenance Agreement for proposed landscaping at 912 Palm Trail. Recommendation: Sponsors:Planning & Zoning Department Palm Trail LMA CAO final Legal review checklist 912 Palm Trail LMA Attachments: AMENDMENT TO REAL ESTATE LEASE FILE #317-3-1 BETWEEN FLAGLER STATION II LLC AND THE CITY OF DELRAY BEACH CONCERNING THE CITY'S CONTINUED USE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY 6.E. Motion to Approve an amendment to Real Estate Lease File #317-3-1 between Flagler Station II LLC and the City of Delray Beach concerning the City's continued use of the Florida East Coast Railway right-of-way. Recommendation: Sponsors:Environmental Services Department Checklist Reinstatement and amendment to Real Estate Lease (FEC) City of Delray Beach 317-3-1; Cover Ltr and Amendment FEC Lease Termination and Proposed Amendment Real estate lease FEC railway 2006 Roadway and Traffic Details Attachments: RESOLUTION NO. 41-17 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FOURTH CYCLE INTERLOCAL AGREEMENT 6.F. Motion to Approve Resolution No. 41-17 authorizing an Interlocal Agreement with Northern Palm Beach County Improvement District regarding the National Pollutant Discharge Elimination System Fourth Recommendation: Page 4 City of Delray Beach Printed on 5/30/2017 June 6, 2017City Commission Regular Commission Meeting Cycle Permit. Sponsors:Environmental Services Department Resolution 41-17 NPDES Fourth Cycle Permit Interlocal Agreement Delray Beach NPDES Fourth Cycle Permit Interlocal Agreement Delray Beach NPDES Fourth Cycle Permit Interlocal Agreement Delray Beach Invoice FY 17-18 NPDES Third Term Permit Interlocal Agreement Delray Beach Checklist MS4 NPDES Fourth Cycle Permit Interlocal Agreement Attachments: SERVICE AUTHORIZATION NO.12-29 WITH MATHEWS CONSULTING DBA BAXTER & WOODMAN, INC. IN THE AMOUNT NOT TO EXCEED $33,608.11 FOR UPGRADES AND IMPROVEMENTS TO THE WATER TREATMENT PLANT 6.G. Motion to Approve Service Authorization No.12-29 with Mathews Consulting dba Baxter & Woodman, Inc. for professional engineering services for Water Treatment Plant Upgrades and Improvements (Project No. 2017-038) in a not-to-exceed amount of $33,608.11. Recommendation: Sponsors:Environmental Services Department Service Authorization No. 12-29 to Mathews Consulting Amendment No. 4 to General Consulting Services Agreement - Baxter & Wood... Letter - Extension request Mathews Consulting, 11-22-16 Mathews Engr Executed Agmt Attachments: SERVICE AUTHORIZATION NO. 3 WITH CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC. FOR COAST ENGINEERING SERVICES FOR THE CITY’S BEACH MANAGEMENT PROGRAM 6.H. Motion to Approve Service Authorization No.3 with CB&I Environmental & Infrastructure, Incorporated for coastal engineering consulting services for the Beach Management Program (Project #17-081) in an amount not-to-exceed $78,482.60. Recommendation: Sponsors:Environmental Services Department Service Authorization No.3 CAO for CB&I Environmental & Infrastructure, Inc Attachments: SERVICE AUTHORIZATION NO.12-29 TO KIMLEY HORN AND ASSOCIATES, INC. IN THE AMOUNT NOT TO EXCEED $88,786 FOR ENGINEERING SERVICES RELATED TO FLORIDA DEPARTMENT OF TRANSPORTATION’S I-95 AND ATLANTIC AVENUE ENHANCEMENT PROJECT (CITY PROJECT NO. 14-075) 6.I. Motion to Approve Service Authorization No.12-29 in the amount not to exceed $88,786.00 for professional engineering services for design of utility relocations related to Florida Department of Transportation’s (FDOT) I-95 and Atlantic Avenue enhancements, FDOT Financial Project Number 434722-1-52-01 (City Project No. 2014-075). Recommendation: Sponsors:Environmental Services Department Page 5 City of Delray Beach Printed on 5/30/2017 June 6, 2017City Commission Regular Commission Meeting Service Authorization No. 12-29 with Kimley Horn Associates FDOT PN 4347221501_ Plan Sheets Abreviated Kimley-Horn Executed Agmt Letter - Extension request Kimely-Horn Associates Inc. 11-22-16 Attachments: SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR FY 2016-2017 6.J. Motion to Approve the Second Amendment to the Interlocal Agreement (ILA) between the City and the Community Redevelopment Agency (CRA) for funding of construction and professional services to revise the funding amounts for projects approved in the CRA's final FY 2016-2017 Budget Amendment. Recommendation: Sponsors:Environmental Services Department Amendment #2 - ILA Funding Construction Professional Services FY 2016-17Attachments: REJECT ALL RESPONSES TO RFP NO. 2017-003 BICYCLE SHARING PROGRAM6.K. Motion to Reject all proposals received in response to RFP No. 2017-003 Bicycle Sharing Program. Recommendation: Sponsors:Environmental Services Department APPROVAL TO INCREASE APPROVED SPENDING LIMIT WITH TESCO SOUTH, INCORPORATED DBA HECTOR TURF IN AN AMOUNT NOT-TO-EXCEED $40,000 FOR FISCAL YEAR 2017 6.L. Motion to Approve a spending limit increase for Fiscal Year 2017 with Tesco South, Incorporated DBA Hector Turf for purchases of turf equipment and replacement parts in an amount not-to-exceed $40,000 for fiscal year 2017. Recommendation: Sponsors:Parks & Recreation Department APPROVAL TO INCREASE APPROVED SPENDING LIMIT WITH ODUMS SOD, INC. IN AN AMOUNT NOT-TO-EXCEED $45,000 FOR FISCAL YEAR 2017 6.M. Motion to Approve a spending limit increase for Fiscal Year 2017 with Odums Sod, Inc. for purchases of sod and sod related items in an amount not-to-exceed $45,000 for fiscal year 2017. Recommendation: Sponsors:Parks & Recreation Department GRANT APPLICATION/DEPARTMENT OF JUSTICE BULLETPROOF VEST PARTNERSHIP 6.N. Motion to Approve application to the Department of Justice's Bulletproof Vest Partnership program. If approved, this initiative would provide for the 50% of the cost of the bulletproof vest purchased for our Police officers, up to the requested amount of $17,640.00. Recommendation: BVP 2017 Application PrintoutAttachments: Page 6 City of Delray Beach Printed on 5/30/2017 June 6, 2017City Commission Regular Commission Meeting 6.O. PROCLAMATIONS: TRAUMA AWARENESS PROCLAMATION6.O.1 Sponsors:City Clerk Department Trauma Awareness Month Proclamation 2017Attachments: REPORT OF APPEALABLE LAND USE ITEMS FROM APRIL 24, 2017 THROUGH MAY 5, 2017. 6.P. By motion, receive and file this report. Recommendation: Sponsors:Planning and Zoning Board Location Map.pdf Dumpster Art Enclosure.pdf McDonalds.pdf Abbey Delray.pdf Lisa Building.pdf 51 N Swinton Avenue.pdf 127 SE 7th Avenue.pdf 799 NE 2nd Avenue.pdf 219 SE 7th Avenue.pdf Attachments: 6.Q. AWARD OF BIDS AND CONTRACTS: AWARD OF A PURCHASE AGREEMENT TO SHADE SYSTEMS, INC. FOR THE PURCHASE OF A SHADE SYSTEM AT ROBERT P. MILLER PARK 6.Q.1. Motion to Award a purchase agreement to Shade Systems, Inc. to design, manufacturer, deliver and install a shade system at Robert P. Miller Park in the not-to-exceed amount of $44,500. Recommendation: Sponsors:Parks & Recreation Department 2017-049 Tabsheet Shade Systems Proposal Packet_for_Bid_2017-049 Checklist Miller Park Shade ITB 2017-049 2017-049- Agreement ITB Purchase Agreement (Rev 2 CA 5-8-17) (002) Attachments: AWARD OF A PURCHASE AGREEMENT TO ARI PHOENIX, INC. FOR VEHICLES LIFTS AND EQUIPMENT IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $36,375.00 6.Q.2. Motion to Award a Purchase Agreement to ARI Phoenix, Inc. for Vehicles Lifts and Equipment in an annual amount not -to-exceed of $36,375. Recommendation: Page 7 City of Delray Beach Printed on 5/30/2017 June 6, 2017City Commission Regular Commission Meeting Sponsors:Environmental Services Department ITB 2017-050 (Final) Submittal - ARI Phoenix, Inc. RFP 2017-050 Tabulation Sheet Award Recommendation Memo from JM Final Agreement ARI Phoenix, Inc. Checklist purchase agreement vehicle lifts Attachments: AWARD OF AN AGREEMENT WITH CDM SMITH FOR CITY-WIDE PROJECT MANAGEMENT SERVICES 6.Q.3. Motion to Award a one year Agreement with CDM Smith, Inc. in an annual not-to-exceed amount of $250,000 for city-wide project management services. Recommendation: Sponsors:Environmental Services Department 2016-111C - Agreement approved CAO Project List CDM Smith_RFQ No. 2016-111C_City of Delray_City-wide Project Management Attachments: AWARD OF A PURCHASE AGREEMENT TO INTERLINE BRANDS, INC. DBA SUPPLYWORKS FOR PURCHASE OF JANITORIAL SUPPLIES 6.Q.4. Motion to Award a purchase agreement to Interline Brands, Inc. DBA Supplyworks for janitorial supplies in the not-to-exceed amount of $175,000 per Fiscal Year. Recommendation: Sponsors:Purchasing Department 2017-052 Janitorial Supplies (Rev 1) 2017-052 Addendum No. 1 Supplyworks - Bid Package Janitorial Services Agreement CAO final SUPPLIER EXECUTED Checklist for Janitorial supplies Attachments: AWARD OF THREE-YEAR AGREEMENTS TO MACMILLAN OIL COMPANY, INC. IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $760,000 AND PETROLEUM TRADERS CORPORATION IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $240,000 FOR GASOLINE AND DIESEL FUEL 6.Q.5. Motion to Award three-year Agreements for routine and emergency deliveries of gasoline and diesel fuel to Macmillan Oil Company, Inc. as the primary supplier in an amount annual not-to-exceed $760,000 and Petroleum Traders Corporation as the secondary supplier in an amount not-to-exceed $240,000 annually. Recommendation: Sponsors:Environmental Services Department Page 8 City of Delray Beach Printed on 5/30/2017 June 6, 2017City Commission Regular Commission Meeting 2017-047 Complete MACMILLAN OIL COMPANY RESPONSE PETROLEUM TRADERS CORPORATION RESPONSE 2017-047 Addendum No. 1 2017-047 Addendum No. 2 2017-047 Addendum No. 3 2017-047 Addendum No. 4 Checklist MACMILLAN for bulk fuel Checklist PETROLEUM TRADERS CORPORATION for bulk fuel 2017-047 Macmillan Agreement, CONTRACTOR EXECUTED 2017-047 Bid Tabulation, summary 2017-047 Petroleum Traders Agreement, CONTRACTOR EXECUTED Attachments: 7. REGULAR AGENDA: REQUEST FOR A WAIVER OF LDR SECTION 4.6.14(B)(6) TO REDUCE THE SIGHT VISIBILITY TRIANGLE FROM 40' X 40' ON THE SOUTH PARCEL OF PALM TRAIL AND MCKEE LANE AND THE NORTH PARCEL OF PALM TRAIL AND WITHERSPOON LANE TO 25' X 25'. (QUASI-JUDICIAL HEARING) 7.A. Motion to Approve the waiver request to LDR Section 4.6.14(B)(6) to reduce the sight visibility triangle from 40’ x 40’ on the south parcel of Palm Trail and McKee Lane and the north parcel of Palm Trail and Witherspoon Lane to 25’ x 25’. Recommendation: Sponsors:Planning & Zoning Department 912 Palm Trail SPRAB Staff Report 912 Palm Trail Location Map rja-16-017 912 Palm Trail Waiver 01.13.17 rja-16-017 912 Palm Trail Site 04.20.17 912 Palm Trail Board Order Attachments: NOMINATIONS FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD 7.B. Motion to Approve nominations for appointment for four (4) regular members to serve on the Downtown Development Authority Board for three (3) year terms ending July 1, 2020. Recommendation: Sponsors:City Clerk Department Exhibit A Downtown Development Authority Board Member List Downtown Development Authority Attendance List Downtown Development Authority Map Attachments: NOMINATIONS FOR APPOINTMENT TO THE COMMUNITY REDEVELOPMENT 7.C. Page 9 City of Delray Beach Printed on 5/30/2017 June 6, 2017City Commission Regular Commission Meeting AGENCY BOARD Motion to Approve nominations for appointment for four (4) regular members to serve on the Community Redevelopment Agency Board for four (4) year terms ending July 1, 2021. Recommendation: Sponsors:City Clerk Department Exhibit A Community Redevelopment Agency Board Member List Community Redevelopment Agency Board Attendance List Attachments: NOMINATIONS FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT7.D. Motion to Approve nominations for appointment for two (2) alternate members to serve on the Board of Adjustment for unexpired terms ending August 31, 2019. Recommendation: Sponsors:City Clerk Department Exhibit A Board of Adjustment Member List Board of Adjustment Attendance List Attachments: RECOMMENDATION FOR APPOINTMENT TO THE DELRAY HOUSING AUTHORITY BOARD 7.E. Motion to Recommend for appointment one (1) regular member to serve on the Delray Beach Housing Authority Board for a four (4) year term ending July 14, 2021. Recommendation: Sponsors:City Clerk Department Exhibit A Delray Beach Housing Authority Board Member List Delray Beach Housing Authority Attendance List Attachments: 8. PUBLIC HEARINGS: ORDINANCE NO. 17-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF WAY” BY AMENDING SECTION 6.3.3 “SIDEWALK CAFE” TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY; AMENDING SECTION 6.3.3 (A) “PERMIT AND FEES” TO ADD LEASING FEES; AMENDING SECTION 6.3.3 (F) “REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE” TO CREATE TWO ZONES, PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING) 8.A. Motion to Approve Ordinance No. 17-17 on Second Reading. Recommendation: Sponsors:Planning and Zoning Board Page 10 City of Delray Beach Printed on 5/30/2017 June 6, 2017City Commission Regular Commission Meeting Ordinance No. 17-17 Sidewalk Cafe P & Z Staff Report with Ord No. 17-1 Attachments: RESOLUTION NO. 46-17 ESTABLISHING A FEE SCHEDULE FOR SIDEWALK CAFE PERMITS 8.A.1. Motion to Approve Resolution No. 46-17 adopting a fee schedule for the establishment and/or renewal of a Sidewalk Cafe Permit. Recommendation: Sponsors:Planning & Zoning Department Res 46-17-Fees-SidwalkCafeOrd2017 CA ApprovedAttachments: ORDINANCE NO. 21-17 REPEALING AND READOPTING CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY" (SECOND READING) 8.B. Motion to approve Ordinance No. 21-17 on Second Reading.Recommendation: Sponsors:City Attorney Department Ordinance No. 21-17 Amending Chapter 36 Purchasing Policies and Procedures Manual - Final Attachments: ADOPTION OF RESOLUTION NO. 44-17 SALE OF 15’ RIGHT OF WAY (602 ALLEN AVENUE) THROUGH QUIT CLAIM DEED 8.C. Motion to Approve Resolution No. 44-17.Recommendation: Sponsors:City Attorney Department Resolution No. 44-17Attachments: ADOPTION OF RESOLUTION NO. 45-17 SALE OF 15’ RIGHT OF WAY (604 ALLEN AVE) THROUGH QUIT CLAIM DEED 8.D. Motion to Approve Resolution No. 45-17.Recommendation: Sponsors:City Attorney Department and Inglese Resolution No. 45-17Attachments: 9. FIRST READINGS: ORDINANCE NO. 16-17 ADOPTING A NEW OFFICIAL ZONING MAP PURSUANT TO SECTION 4.1.2 OF THE CITY OF DELRAY BEACH LAND DEVELOPMENT REGULATIONS (FIRST READING) 9.A. Motion to Approve Ordinance No. 16-17 on First Reading, as presented. Recommendation: Sponsors:Planning & Zoning Department and Stiversm Ordinance No. 16-17-Official Zoning Map DRAFT Official Zoning Map 5.19.17 PZB Report Ord 16-17 Official Zoning Map Adoption Attachments: 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: Page 11 City of Delray Beach Printed on 5/30/2017 June 6, 2017City Commission Regular Commission Meeting 10.A. City Manager 10.B. City Attorney 10.C. City Commission Page 12 City of Delray Beach Printed on 5/30/2017 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-456,Version:1 TO: Mayor and Commissioners FROM: Duane D'Andrea, Acting Human Resources Director THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 PRESENTING MATTHEW REYNOLDS, LIFEGUARD, WITH EMPLOYEE OF THE MONTH FOR JUNE 2017. Recommended Action: Motion to Approve Matthew Reynolds as Employee of the Month for June 2017. Background: The City of Delray Beach Employee Recognition Program is to award and recognize employees who provide outstanding service to our City and whose performance is truly exceptional and extraordinary in following the City’s core beliefs of exceptional service through performance by acting with integrity, being responsible, taking innovative action and practicing teamwork. City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ CITY OF DELRAY BEACH ~ EMPLOYEE OF THE MONTH NOMINATION FORM ~ (MUST BE SUBMITTED TO THE NOMINEE'S DEPARTMENT HEAD BY THE LAST FRIDA Y OF THE MONTH) Name of nominated employee: Matthew Reynolds Job Classification: Lifeguard Full-Time Dept./Division: Parks & Recreation Please select one or more of the following guidelines applicable to the nomination: D Action, service, idea or method that resulted in organizational improvements (saved the City time or money by streamlining a process such as eliminating waste, significantly decreasing expenses or increasing efficiency). and/or; Outstanding action that brought public recognition to the City or enhanced the city or department's professional image (returned a citizen's personal properly; recognized in the media for "going above and beyond" routine job responsibilities), and/or; Displaying overall excellent cooperation toward City goals and objectives (effectively communicating or sharing information/knowledge to other departments/co-workers to achieve a common goal), and/or; Going "above and beyond the call of duty" that exceeds nominee's job description (exemplary action outside of work routine that prevented a citizen or co-worker from serious injury or death), and/or; Other action warranting city wide recognition. D X D X Please justify the nomination by providing specific details (use additional sheets if necessary): Matthew Reynolds works as a full-time lifeguard for the Parks & Recreation Department at both Pompey Pool and Delray Swim and Tennis. His SPIRIT, which are the acronym core values of the city, has encouraged the patrons that enjoy the Aquatic Fitness classes to develop a youthful camaraderie like no other. On April 8, 2017Matthew Reynolds planned a field trip that was outside the norm for the aquatic fitness participants. They visited Busch Wildlife Sanctuary, located in Jupiter, which helps Florida Native wildlife return to their habitat. The group chipped in and made a donation to sponsor a reptile for the year. Most would say "why help a reptìel." well if you would ever get the chance to meet Matthew Reynolds, he will love explain the importance of reptiles to be ecosystem. So the next time you are enjoying nature, understand that the City of Delray Beach has a "Crocodile Dundee" of our own and besides working hard every day making sure the patrons of the pools remain safe, he can also keep you in shape and educate you about Florida's natural environment and wildlife. Go Team Delray! Gerard Smith GAS~ Signature Apr. 14, 2017 Date Submitted by: (Print Name) Parks & Recreation smithg@mydelraybeach.com Email Address Department / Division Anonymous or self-nominations will not be accepted CITY OF DELRAY BEACH EMPLOYEE OF THE MONTH NOMINATION FORM (THIS SECTION TO BE COMPLETED BY DEPARTMENT HEAD) Instructions: Select yes or no after each question and provide an explanation or comment. The Department Head is responsible to ensure the form is returned to the Human Resources Department by 5:00pm on the first business day of the month. DESCRIPTION YES No Has the employee completed all regular and special duties as required including adherence to the X City's Rules and Requlations? Has the employee maintained a positive attitude and overall excellent spirit of cooperation toward City X goals and objectives? Has the employee been involved in any safety incident during this nomination year in which she/he X was at fault? Are there any disciplinary action pending involving this employee? X Department Head Comments: (use additional sheets if necessary) Matthew Reynolds is an asset to our Parks and Recreation Team. He works diligently to ensure the safety of our participants, but also used contemporary learning techniques to encourage physical and mental activity. Matt truly lives an active life and encourages others to get up, get out, and stay active. ~},~/ ;y (Däié This Area To Be Completed By Human Resources Human Resources will reviewed the employee's file to verify eligibility ~ Approved O Disa roved Hum~ector Date Fisher, Suzanne From: Sent: To: Subject: Smith, Gerard Friday, April 14, 2017 11:SS AM Fisher, Suzanne Patrons feed back From: Suzanne Branch [mailto:teach22112@aol.com] Sent: Thursday, April 13, 2017 6:31 PM To: Smith, Gerard Subject: The fitness group has grown from fifteen to thirty on some days. The skilled lifeguards Matt and Walter are certified to teach water exercise . Occasionali) Julie spices up the week with kick boxing and Chana stretches us out with poollates. The group of women and men try to schedule their lives around the class which meets 5 days a week. When the trip to Busch Wildlife Sanctuary was announced most "water athletes" were excited to go as a group to learn about native Florida birds. reptiles, snakes and bobcats. Though most of us are 60+, the idea of a field trip and lunch with new friends was contagious . The bus was filled immediately . Leroy, a considerate bus driver, was able to help me get on the bus in a power chair. The lifeguards considerately chose a preserve which was totally accessible. After a presentation where a staff naturalist discussed the purpose of the Sanctuary, young interns carried snakes and alligators into the audience for a closer look and a quick touch. The Delray Swim and Tennis Club has become a nexus for us. We are waiting for the next activity. All of the lifeguards are personable, adept and conscientious. I commend Delray Beach for providing adults a social and healthy program which gets us out of our chairs and into the water, safely exercising, pushing us considering our own potential and limitations. Sincerely, Suzanne Branch Beardsley, Danielle From: Sent: To: Subject: jillswainwright@comcast.net Saturday, April 08, 2017 6:47 PM Parks&Recreation@MyDelrayBeach.com Attention of Suzanne Fisher and Gerard Smith As a Delray Beach resident and avid participant in the Water Fitness programs at the Laver public pool I want to highly commend the work of your lifeguards Matthew Reynolds and Walter Baum. Throughout this winter season they have challenged us with their classes, improving the health and fitness of all participants. Additionally it has been fun! Matt and Walter have encouraged camaraderie within the group and made us all feel welcome at each class. Today, with the help of Leroy who drove the bus, they organized a field trip to Busch Wildlife Sanctuary that was both informative and enjoyable. Both men are a credit to your department! Jill Wainwright Delray Beach 1 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-489,Version:1 TO: Mayor and Commissioners FROM: Katerri Johnson, City Clerk THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 SISTER CITIES' PRESENTATION City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-453,Version:1 TO:Mayor and Commissioners FROM:Laura Thezine, Acting Finance Director THROUGH:Chief Neal de Jesus, Interim City Manager DATE:June 6, 2017 FY 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT - CALER, DONTEN, LEVINE, PORTER & VEIL, P.A. City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ Comprehensive Annual Financial Report Comprehensive Annual Financial Report for Year Ended September 30, 2016for Year Ended September 30, 2016 City of Delray City of Delray Beach , Florida, Florida COMPREHENSIVE ANNUAL FINANCIAL REPORT City of Delray Beach, Florida Year Ended September 30, 2016 with Report of Independent Certified Public Accountants Comprehensive Annual Financial Report City of Delray Beach, Florida Year Ended September 30, 2016 with Report of Independent Certified Public Accountants Prepared by the Finance Department City of Delray Beach, Florida Comprehensive Annual Financial Report Year Ended September 30, 2016 Contents I.INTRODUCTORY SECTION Transmittal Letter ...........................................................................................................................................................i Certificate of Achievement ...........................................................................................................................................v List of Principal Officials .............................................................................................................................................vi City of Delray Beach Organizational Chart ................................................................................................................vii II.FINANCIAL SECTION Independent Auditor’s Report .......................................................................................................................................1 Management's Discussion and Analysis........................................................................................................................4 Basic Financial Statements Government-Wide Financial Statements Statement of Net Position ........................................................................................................................................17 Statement of Activities.............................................................................................................................................18 Fund Financial Statements Balance Sheet –Governmental Funds .....................................................................................................................19 Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Position ..................................20 Statement of Revenues, Expenditures, and Changes in Fund Balances – Governmental Funds ............................................................................................................................................21 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances to the Statement of Activities .............................................................................22 Statement of Net Position –Proprietary Funds ........................................................................................................23 Statement of Revenues, Expenses, and Changes in Net Position –Proprietary Funds ............................................24 Statement of Cash Flows –Proprietary Funds .........................................................................................................25 Statement of Fiduciary Net Position –Fiduciary Funds ..........................................................................................26 Statement of Changes in Fiduciary Net Position –Fiduciary Funds .......................................................................27 Notes to Financial Statements ..................................................................................................................................28 Required Supplementary Information Budgetary Comparison Schedule –General Fund ...................................................................................................79 Budgetary Comparison Schedule –Neighborhood Services Fund ..........................................................................80 Notes to Budgetary Comparison Schedules .............................................................................................................81 Pension Funds Schedules of Changes in the Net Pension Liability and Related Ratios...............................................................82 Schedules of Net Pension Liability ......................................................................................................................85 Schedules of City Contributions ..........................................................................................................................86 Schedules of Investment Returns .........................................................................................................................87 Schedules of Other Postemployment Benefits (OPEB) Funding Progress ..............................................................88 City of Delray Beach, Florida Comprehensive Annual Financial Report Year Ended September 30, 2016 Contents II.FINANCIAL SECTION (Continued) Combining And Individual Fund Statements And Schedules Non-Major Governmental Funds Descriptions .............................................................................................................................................................89 Combining Balance Sheet........................................................................................................................................90 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances ................................................91 Non-Major Enterprise Funds Descriptions .............................................................................................................................................................92 Combining Statement of Net Position .....................................................................................................................93 Combining Statement of Revenues, Expenses, and Changes in Net Position .........................................................94 Combining Statement of Cash Flows ......................................................................................................................95 Internal Service Funds Descriptions .............................................................................................................................................................96 Combining Statement of Net Position .....................................................................................................................97 Combining Statement of Revenues, Expenses, and Changes in Net Position .........................................................98 Combining Statement of Cash Flows ......................................................................................................................99 Fiduciary Funds Descriptions ...........................................................................................................................................................100 Combining Statement of Plan Net Position –Pension Trust Funds .......................................................................101 Combining Statement of Changes in Plan Net Position –Pension Trust Funds ....................................................102 Other Supplementary Information General Fund Schedule of Revenue and Other Financing Sources –Budget and Actual ............................................................103 Schedule of Expenditures, Encumbrances and Other Financing Uses –Compared with Appropriations ...................................................................................................................................................105 Debt Service Requirements Summary Schedule of Debt Service Requirements (Principal and Interest) to Maturity.......................................107 Combined Schedule of General Obligation Bond Debt Service Requirements .....................................................108 Schedule of General Obligation Bonds (Series 2005)........................................................................................109 Schedule of General Obligation Bonds (Series 2013)........................................................................................110 Combined Schedule of Revenue Bond and Note Debt Service Requirements (Principal and Interest).................111 Schedule of Revenue Bonds (Series 2000)............................................................................................................112 Schedule of Revenue Refunding and Improvement Bonds (Series 2003).............................................................113 Schedule of Utilities Tax Revenue Refunding and Improvement Bonds (Series 2015)........................................114 City of Delray Beach, Florida Comprehensive Annual Financial Report Year Ended September 30, 2016 Contents II.FINANCIAL SECTION (Continued) Other Supplementary Information (Continued) Debt Service Requirements (Continued) Combined Schedule of Water and Sewer Revenue Bonds ....................................................................................115 Schedule of Water and Sewer Revenue Bonds (Series 2006B).............................................................................116 Schedule of Water and Sewer Refunding Revenue Bonds (Series 2011A)...........................................................117 Schedule of Water and Sewer Revenue Refunding Bonds (Series 2011B)...........................................................118 Schedule of Installment Agreements (Capital Leases)..........................................................................................119 Combined Schedule of Community Redevelopment Agency Tax Increment Redevelopment Revenue Bonds (Series 2004, Series 1999 and Series 2012)...................................................120 III.STATISTICAL SECTION Descriptions..............................................................................................................................................................121 Financial Trends Net Position by Component ...................................................................................................................................122 Changes in Net Position.........................................................................................................................................124 Governmental Activities Tax Revenues by Source ...............................................................................................128 Fund Balances of Governmental Funds .................................................................................................................129 Changes in Fund Balances of Governmental Funds ..............................................................................................131 General Governmental Tax Revenues by Source ..................................................................................................133 Assessed Value and Estimated Actual Value of Taxable Property........................................................................134 Revenue Capacity Property Tax Rates -Direct and Overlapping Governments .................................................................................136 Principal Property Taxpayers.................................................................................................................................137 Property Tax Levies and Collections .....................................................................................................................138 Debt Capacity Ratios of Outstanding Debt by Type .....................................................................................................................139 Ratios of General Bonded Debt Outstanding .........................................................................................................140 Direct and Overlapping Governmental Activities Debt .........................................................................................141 Water and Sewer Pledged Revenue Coverage .......................................................................................................142 Demographic and Economic Information Principal Employers...............................................................................................................................................143 Demographic and Economic Statistics ..................................................................................................................144 Operating Information Full-time Equivalent Government Employees by Function...................................................................................145 Capital Asset Statistics by Function ......................................................................................................................146 Operating Indicators by Function ..........................................................................................................................147 City of Delray Beach, Florida Comprehensive Annual Financial Report Year Ended September 30, 2016 Contents IV.COMPLIANCE SECTION Compliance With the Single Audit Act and the Rules of the Auditor General for the State of Florida Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ......................................................................148 Schedule of Expenditures of Federal Awards ........................................................................................................150 Notes to Schedule of Expenditures of Federal Awards .........................................................................................151 Independent Auditor’s Report on Compliance for Each Major Federal Program and on Internal Control Over Compliance Required by the Uniform Guidance ................................................152 Schedule of Findings and Questioned Costs -Federal Award Programs...............................................................154 Corrective Action Plan...........................................................................................................................................158 Management Letter ................................................................................................................................................160 City Response to Management Letter ....................................................................................................................166 Independent Accountant’s Report on Investment Compliance ..............................................................................168 Introductory Section i April 24, 2017 Honorable Mayor City Commission City Manager City Staff Citizens and Friends of Delray Beach, Florida Ladies and Gentlemen: We are pleased to submit the Comprehensive Annual Financial Report (“CAFR”) of the City of Delray Beach, Florida (“the City”), for the fiscal year ended September 30, 2016. State law requires that every local government entity publish a complete set of audited financial statements within nine months of the close of each fiscal year. This CAFR is published to fulfill that requirement. Management assumes full responsibility for the completeness and reliability of the information contained in this report, based upon a comprehensive framework of internal control that it has established for this purpose. Because the cost of internal control should not exceed anticipated benefits, the objective is to provide reasonable, rather than absolute, assurance that the financial statements are free of any material misstatements. Caler, Donten, Levine, Cohen, Porter & Veil, P.A., Certified Public Accountants, have issued an unmodified opinion on the financial statements of the City of Delray Beach for the year ended September 30, 2016. The independent auditor’s report is located at the front of the financial section of this CAFR. Management’s Discussion and Analysis (“MD&A”) immediately follows the independent auditor’s report and provides a narrative introduction, overview, and analysis of the basic financial statements. MD&A complements this letter of transmittal and should be read in conjunction with it. THE CITY OF DELRAY BEACH Profile The City of Delray Beach is a political subdivision of the State of Florida and is located in the southeastern part of the state in Palm Beach County on the Atlantic shoreline. Delray Beach was first settled as an agricultural community in 1895 and first incorporated in 1911. It was later incorporated as the City of Delray Beach on May 11, 1927. The City has a current estimated permanent population of approximately 64,000 with an additional estimated 12,600 seasonal residents. The City of Delray Beach is a full service city with a Commission-Manager form of local government. The citizens elect a Mayor at large on a non-partisan basis every three (3) years who presides over four (4) Commissioners who are elected at large on a non-partisan basis for three (3) year terms in alternating years. The City Commission sets policy, approves legislation, adopts the Annual Budget, and sets rates and fees. The City Commission appoints the City Manager, who is the chief administrative officer of the ii City, and the City Attorney, who acts on all legal matters pertaining to the City. The City Manager is charged with overseeing the daily business of the City and is responsible for the supervision of the City departments and employees. Department Heads serve at the pleasure of the City Manager and other employees are covered by either Civil Service regulations or union agreements. Services Provided The City of Delray Beach provides a full range of community services including public safety (police, fire protection and rescue services); parks and recreation (beaches, pools, marina, boat ramps, parks and multiple recreation centers); and public works (traffic, street maintenance and parking). Other recreational amenities of the City include golf courses, tennis courts and the tennis stadium. The Environmental Services Department provides water and sewer, stormwater, engineering and construction services. The Community Improvement Department provides building permits, inspections, code enforcement, garbage and trash services, and administers the City’s Community Development Block Grants. The City also provides general administrative services and financial support services. The City provides water, fire protection, emergency medical services, police dispatch services, building inspection and permitting, and limited sewer services to the Town of Gulfstream. Fire protection and emergency medical services, and limited water services are provided to the Town of Highland Beach. Both towns are serviced on a contractual basis. Reporting Entity This report includes all funds of the primary government (City of Delray Beach) and all organizations and component units for which the City is financially accountable, including the Community Redevelopment Agency (“CRA”), Downtown Development Authority (“DDA”), and South Central Regional Wastewater Treatment and Disposal Board (“SCRWTDB”), which was established as a joint venture with equity interests between the cities of Delray Beach and Boynton Beach. Budgetary Control The City maintains a system of budgetary controls within its accounting and financial management systems. The objective of these budgetary controls is to monitor compliance with legal provisions embodied in the annual appropriated budget approved by the City Commission. In accordance with state laws, the Approved Budget is posted on the City’s website within 30 days of adoption. Appropriated budgets are legally required to be adopted for the general fund. Non-appropriated budgets, which are not legally required to be adopted, are also prepared for special revenue funds, enterprise funds and internal service funds. Budgetary control (that is, the level at which expenditures cannot legally exceed the appropriated amount) is established at the departmental level. As part of the budgetary control system, an encumbrance system is utilized. An encumbrance is a commitment (purchase order) to acquire goods or services that have not yet been paid for. For operating purposes, outstanding encumbrances lapse at fiscal year-end and are then reappropriated as part of the new year budget. Blanket purchase orders are closed at fiscal year-end and are not reappropriated. Economic Conditions and Outlook The City maintains a good financial condition based on planning and fiscal controls. Standard & Poor’s rates the City’s outstanding General Obligation bonds AAA. The decrease in taxable assessed values that began in 2009 has reversed, with significant growth beginning in 2013. The 2016 tax roll had an increase of 10.2%, although the total assessed value has not yet returned to the 2008 level. We expect this positive economic trend to continue. iii CURRENT MAJOR INITIATIVES Beautification Project In 2015, a ribbon cutting ceremony was held to celebrate the completion of the US1/Federal Highway Beautification Project, stretching from just south of SE 10th Street to just north of George Bush Boulevard. Construction of the first phase of the NE 2nd Avenue Beautification Project was completed. This phase stretches from NE 4th Street to George Bush Boulevard. The project provides a safer corridor for pedestrians, cyclists, and vehicles as well as lighting and landscape improvements. Future phases of this project will take these improvements to the Boynton Beach boundary. Economic Development During fiscal year 2016, the Office of Economic Development “OED”assisted 14 announced projects, which leveraged more than $3.5 million of private investment, impacting 431 jobs and 60,590 SF of commercial space. OED assisted 6 firms with $46,215 in grant and incentive funding, and provided support to working groups related to the activation of municipal and institutional properties, nonprofits, shared workspaces, and entrepreneurship. OED served as the project lead for the Congress Avenue Task Force, which delivered a report to the City Commission consisting of 13 recommendations for action, to advance and promote strategic investments along the 4.1-mile corridor that will enhance the tax base, attract jobs, and grow industry within Delray Beach.The City has seen a surge of private investment along Congress Avenue since the acceptance of the report. In 2016, PetMed Express announced an $18.5 million acquisition to relocate its corporate headquarters and distribution center to Delray Beach, while Call 4 Health also relocated its corporate headquarters and call center and invested approximately $600,000 in a facility to support their growing operations. The City is also seeing progress on a 42-acre mixed-use site that has been dormant for more than 10 years, with private owners now moving forward with redevelopment plans as a result of the Commission’s support of the Congress Avenue report. In 2016, OED again led the City’s second annual “We ♥Small Biz Month” to celebrate the collective impact of small businesses on the economy and to highlight the growing ecosystem of support formed by local economic development partners. The initiative included a series of seminars,networking events, and business walks as part of the City’s ongoing business retention and expansion efforts through the G.E.A.R. (Grow,Expand and Retain) Program. FINANCIAL INFORMATION Internal Accounting Controls In the development and evaluation of the City's accounting and financial reporting systems, consideration is given to the adequacy and accuracy of the internal accounting controls. These controls are designed to provide reasonable, but not absolute, assurance that the assets of the City are safeguarded against loss from unauthorized use or disposition and that there are reliable financial records for the preparation of financial statements and for the accountability of those assets. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. All internal control evaluations utilize these criteria. Management believes that the City's system of internal accounting controls adequately safeguards the assets of the City and provides reasonable assurance of the proper recording of financial transactions. iv Single Audit As a recipient of Federal, State and County financial assistance, the City is also responsible for ensuring that an adequate system of internal controls is in place to maintain compliance with applicable laws, regulations and guidelines related to those programs. This internal control system is subject to periodic evaluation by management. As a part of the single audit process, tests are made to determine the adequacy of the internal control structure, including the portion related to federal financial assistance programs, and to determine compliance with applicable laws and regulations. The results of the City's single audit for the fiscal year ended September 30, 2016 disclosed no instances of material weaknesses in the internal control structure and disclosed no significant violation of applicable laws and regulations. AWARDS AND ACKNOWLEDGMENTS Financial Statement Awards The Government Finance Officers Association of the United States and Canada (“GFOA”) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Delray Beach, Florida, for its CAFR for the fiscal year ended September 30, 2015. This was the 33rd consecutive year the City received this prestigious award. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized comprehensive annual financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year. We believe our current report meets the Certificate of Achievement Program’s requirements, and we are submitting it to the GFOA to determine its eligibility for another certificate. Acknowledgments A Comprehensive Annual Financial Report of this type and depth, illustrating the results of operations of the entire City and its various diversified funds and activities, could not have been prepared so completely and professionally without the dedication and commitment of the entire Finance Department, coordinated by the City’s Chief Accounting Officer. Their technical expertise and concerted efforts were truly evident in the audit process. Their assistance and cooperation have allowed us to prepare, on a timely basis, a report which gives its readers a comprehensive view of the City’s financial and economic position. We believe this report clearly illustrates that the City of Delray Beach has developed and continues to maintain a strong financial condition and we wish to thank the City Commission, City Manager and the citizens of the City of Delray Beach for their continued support for fiscal responsibility. Respectfully submitted, Laura Thezine, CPA Acting Finance Director v vi CITY OF DELRAY BEACH, FLORIDA LIST OF PRINCIPAL OFFICIALS September 30, 2016 CITY COMMISSION Mayor ..................................................................................................................................Cary Glickstein Vice-Mayor ..................................................................................................................................Al Jacquet Deputy Vice-Mayor ......................................................................................................Jordana L. Jarjura Commissioner .....................................................................................................................Mitchell J. Katz Commissioner .......................................................................................................................Shelly Petrolia CITY STAFF City Manager ..................................................................................................................Donald B. Cooper Assistant City Manager ...............................................................................................Francine Ramaglia Assistant City Manager ........................................................................................................David E. Scott City Attorney ..........................................................................................................................Janice Rustin City Clerk........................................................................................................................Chevelle D. Nubin Community Improvement Director..........................................................................Michael A. Coleman Environmental Services Director...............................................................................John J. Morgan, Jr. Chief Financial Officer ...........................................................................................................Jack Warner Fire Chief .................................................................................................................................Neal deJesus Human Resources Director ..............................................................................................Tennille Decoste Parks and Recreation Director .....................................................................................Suzanne F. Fisher Planning and Zoning Director ........................................................................................Timothy Stillings Police Chief ...................................................................................................................Jeffrey S. Goldman vii Financial Section 1 Independent Auditor’s Report To the Honorable Mayor and City Commission City of Delray Beach, Florida Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Delray Beach, Florida (the “City”), as of and for the year ended September 30, 2016, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with U.S. generally accepted accounting principles; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor’s Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the Police and Firefighters’ Retirement System Fund, a fiduciary fund of the City, which represents 55%, 55% and 32%, respectively, of the assets, net position/fund balances and revenues/additions of the aggregate remaining fund information of the City, and the Delray Beach Downtown Development Authority, a discretely presented component unit of the City, which represents .4%, .5% and 4.7%, respectively, of the assets, net position and revenues of the City’s discretely presented component units. Those financial statements were audited by other auditors whose reports have been furnished to us, and our opinions, insofar as they relate to the amounts included for the Police and Firefighters’ Retirement System Fund and Delray Beach Downtown Development Authority, are based solely on the reports of the other auditors. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. The financial statements of the Police and Firefighters’ Retirement System Fund, which were audited by another auditor, were not audited in accordance with Government Auditing Standards. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. CALER, DONTEN, LEVINE, COHEN, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR , CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 MEMBERS LOUIS M COHEN, CPA WEST PALM BEACH, FL 33401-5948 AMERICAN INSTITUTE OF JOHN C COURTNEY, CPA , JD CERTIFIED PUBLIC ACCOUNTANTS DAVID S DONTEN, CPA TELEPHONE (561) 832-9292 JAMES B HUTCHISON, CPA FAX (561) 832-9455 FLORIDA INSTITUTE OF JOEL H LEVINE, CPA CERTIFIED PUBLIC ACCOUNTANTS JAMES F MULLEN, IV, CPA info@cdlcpa com MICHAEL J NALEZYTY, CPA THOMAS A PENCE, JR , CPA SCOTT L PORTER, CPA MARK D VEIL, CPA 2 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, based on our audit and the reports of other auditors, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund and the aggregate remaining fund information of the City of Delray Beach, Florida, as of September 30, 2016, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in conformity with U.S. generally accepted accounting principles. Other Matters Required Supplementary Information U.S. generally accepted accounting principles require that the management’s discussion and analysis on pages 4 through 16 and the budgetary comparison schedule, pension information and other postemployment benefits information on pages 79 through 88 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We and other auditors have applied certain limited procedures to the required supplementary information in accordance with U.S. generally accepted auditing standards, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The introductory section, the combining and individual fund financial statements and schedules, the other supplementary information and the statistical section listed in the table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. The accompanying Schedule of Expenditures of Federal Awards is presented for purposes of additional analysis as required by Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and is also not a required part of the basic financial statements. The combining and individual fund financial statements and schedules, the other supplementary information, and the Schedule of Expenditures of Federal Awards are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with U.S. generally accepted auditing standards by us and other auditors. In our opinion, based on our audit, the procedures performed as described above, and the reports of the other auditors, the combining and individual fund financial statements and schedules, the other supplementary information, and the Schedule of Expenditures of Federal Awards are fairly stated in all material respects in relation to the basic financial statements as a whole. The introductory section and statistical section have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. 3 Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated April 24, 2017, on our consideration of the internal control over financial reporting of the City of Delray Beach, Florida, and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the internal control over financial reporting and compliance of the City of Delray Beach, Florida. West Palm Beach, Florida April 24, 2017 4 Management’s Discussion and Analysis This section of the comprehensive annual financial report provides a narrative overview and analysis of the financial activities of the City of Delray Beach, Florida (“City”) for the fiscal year ended September 30, 2016. This information is to be considered alongside that in the letter of transmittal and the City’s basic financial statements and notes to the financial statements. The financial analysis within the Management’s Discussion and Analysis includes the City’s primary government operations and joint venture for the South Central Regional Wastewater Treatment and Disposal Board. The operations of the City’s two discretely presented component units; the Community Redevelopment Agency (CRA)and Downtown Development Authority (DDA), are excluded.The joint venture and component units issue separate audit reports that are available from each entity. Financial Highlights The City’s single largest source of revenue is from property taxes derived from the taxable assessed value of properties within the City, as summarized below. The overall financial condition of the City’s General Fund operations is influenced by the real estate market, the current state of the economy and State tax reform legislation. The decline in real estate values has stopped and the trend is now reversing. Taxable assessed value increased from $7.24 billion for 2015 to $8.0 billion for 2016, or 11%. The assets of the City (Primary Government) exceeded its liabilities (Total Net Position)at September 30, 2016, by $229.8 million. Of this amount, $42.8 million (Unrestricted Net Position) may be used to meet the government’s ongoing obligations to citizens and creditors. The effects of GASB Statement No. 68 and the restatement to record pension liabilities for the first time in 2015 were mitigated in 2016. Initially recording the pension liabilities in 2015 resulted in a decrease of $74.2 million in the City’s 6.5 8.4 8.7 8.1 7.0 6.2 6.1 6.2 6.6 7.2 8.0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 TA XABLE ASSESSED VALUE (in billions) 5 unrestricted net position for the restatement related to the pension liabilities. In 2016, the City’s net position increased by $2.5 million due to favorable changes in pension benefits and pension plan operations during the year. The net pension liability and related deferred outflows and inflows decreased $4.0 million to $70.4 million for the Police and Firefighters’Pension Plan and increased $1.5 million to $351,000 for the General Employees’ Pension Plan. Net position of the business-type activities increased by $10.8 million attributable to 2016 operations.The increase in the business-type activities is approximately $5 million or 86% more than the prior year increase in net position and reflects stable revenues and lower expenses and transfers. The unrestricted net position of the governmental activities reflects a deficit of $10.5 million as compared to a deficit of $6.7 million for the prior year. The decrease in unrestricted net position is attributable to a significant increase in the net investment in capital assets of $15.5 million or 22.9% for 2016. At September 30, 2016, the City’s governmental funds reported combined ending fund balances of $63.4 million which decreased $7.0 million from the prior year. The decrease is due primarily to net proceeds of $18.5 million from the Series 2015 Utilities Tax Revenue Refunding and Improvement Bonds reported in 2015.A total of $56.6 million or 89.3% of the combined ending fund balance is available for spending (Unassigned Fund Balance and Assigned Fund Balance). Of this amount, $37.4 million is in the General Fund, $6.4 million is in Special Revenue Funds and $12.8 million is in Capital Projects Funds. At September 30, 2016, Unassigned Fund Balance for the General Fund was $37.0 million or 33.7% of total General Fund expenditures of $109.9 million. This is an increase of $5.1 million or 16.1%from the prior year. The General Fund had a good year, with revenue increasing by 4.3% and expenditures increasing by 11.2%. The City’s financial policy is to strive to maintain an Unassigned Fund Balance of between 15% to 25% of the expenditure budget as an acceptable reserve for first quarter cash flow (there are no tax remittances during the first two to three months of each fiscal year) and for unanticipated expenses such as storm damage costs, uninsured legal claims and other unforeseen expenses. Overview of the Financial Statements This management discussion and analysis report is intended to serve as an introduction to the City’s basic financial statements. The City’s basic financial statements consist of three parts: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information that explains in more detail some of the information in the financial statements. Government-Wide Financial Statements The government-wide financial statements are designed to provide readers with a broad overview of the City’s finances and to report information about the City in a manner similar to those reports issued and used by private sector companies. 6 The Statement of Net Position presents information on all of the City’s assets, liabilities, and deferred inflows/outflows of resources, with the differences presented as net position. Over time, increases or decreases in net position may help to serve as a useful indicator of whether the overall financial position of the City is improving or deteriorating. The Statement of Activities presents information showing how the City’s net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected revenues and earned but unused leave). Both of the government-wide financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the City include such areas as General Government, Public Safety, Physical Environment and Parks and Recreation. The business-type activities of the City that rely on user fees and charges include areas such as Water and Sewer, Municipal Golf Course, Lakeview Golf Course, City Marina, Sanitation and Stormwater Utility operations. Both of the government-wide financial statements include not only the City itself (known as the Primary Government), but also the legally separate CRA and DDA for which the City is financially accountable (known as component units). Financial information for these component units are reported separately from the financial information presented for the primary government itself. The government-wide financial statements can be found on pages 17 and 18 of this report. Fund Financial Statements Governmental Funds Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. As a result of this difference in focus, reconciliations are provided between the fund financial statements and government-wide financial statements to understand the long-term impact of short-term financing decisions. The City maintains 12 individual governmental funds. Information is presented separately for the General Fund, Neighborhood Services Fund and the Capital Improvement Fund, the City’s major governmental funds. Data for the other governmental funds are aggregated into a single presentation. Individual fund data for each of the non-major governmental funds is provided in combining statements elsewhere in this report. The basic governmental fund financial statements can be found on pages 19 through 22 of this report. 7 Proprietary Funds The City maintains two different types of proprietary funds, enterprise and internal service funds. Enterprise funds are used to report business-type activities that charge fees to customers for the use of specific goods or services. These statements are prepared on an accounting basis that is similar to the basis used to prepare the government- wide financial statements. The City uses enterprise funds to account for its water and sewer utility, stormwater utility,municipal golf course, Lakeview golf course,marina and sanitation operations. Internal service funds are used to account for the financing of insurance services and central garage services provided to other departments of the City on a cost- reimbursement basis. Because these services predominantly support governmental rather than business-type functions, they have been included within the governmental activities in the government-wide financial statements. Proprietary fund financial statements provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the water and sewer and Stormwater utility systems which are considered to be major funds of the City. Conversely, the remaining enterprise funds are considered non-major funds and the internal service funds are combined into a single, aggregated presentation in the proprietary fund financial statements. Individual fund data for the non-major enterprise funds and the individual internal service funds are provided in the form of combining statements elsewhere in this report. The City’s proprietary fund financial statements can be found on pages 23 to 25 of this report. Fiduciary Funds Fiduciary funds are used to account for resources held in trust for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statements because the resources of those funds are not available to support the City’s operations. The accounting methods used for fiduciary funds are similar to that used for proprietary funds. Individual fund data for each of the fiduciary funds is provided in the form of combining statements elsewhere in this report. The City’s fiduciary fund financial statements can be found on pages 26 to 27 of this report. Notes to the Financial Statements The notes to the financial statements provide additional information and clarification that are essential to a full understanding of the data presented in the government-wide and fund financial statements. The notes to the financial statements can be found beginning on page 28 of this report. Other Information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City’s progress in funding its obligation to provide pension benefits and other postemployment benefits to 8 its employees. Additionally, the City adopts an annual appropriated budget for its General Fund. A budgetary comparison schedule has been provided as required supplementary information for the General Fund to demonstrate compliance with its budget. Required supplementary information can be found on pages 79 through 88 of this report. The combining statements for non-major governmental, non-major proprietary and the fiduciary funds are presented immediately following the required supplementary information. Combining and individual fund statements and schedules can be found beginning on page 89 of this report. Government-Wide Financial Analysis The net position of the City is presented in detail on page 17 and summarized in Table A-1 below. Table A-1 Condensed Statements of Net Position ($ in millions) Governmental Activities Business-type Activities Totals 2016 2015 2016 2015 2016 2015 Assets: Current and other assets $ 92.0 $ 98.5 $ 61.9 $ 59.8 $ 153.9 $ 158.3 Capital assets 142.1 137.9 108.6 102.5 250.7 240.4 Total Assets 234.1 236.4 170.5 162.3 404.6 398.7 Deferred outflows 18.3 19.6 0.6 1.8 18.9 21.4 Liabilities: Current liabilities 9.6 10.9 3.0 3.7 12.6 14.6 Noncurrent liabilities 165.4 179.4 14.0 17.3 179.4 196.7 Total Liabilities 175.0 190.3 17.0 21.0 192.0 211.3 Deferred inflows 1.5 1.6 0.2 0.0 1.7 1.6 Net Position: Net investment in capital assets 83.3 67.8 97.1 88.7 180.4 156.5 Restricted 3.1 3.0 3.5 3.9 6.6 6.9 Unrestricted (deficit)(10.5)(6.7)53.3 50.5 42.8 43.8 Total Net Position $ 75.9 $ 64.1 $ 153.9 $ 143.1 $ 229.8 $ 207.2 Net position over time may serve as a useful indicator of the City’s financial position. During the current year, the total net position of the City increased by $22.6 million or approximately 10.9% from $207.2 million to $229.8 million. The increase in net position was a result of a net increase from operations in both the governmental activities ($11.8 million) and the business-type activities ($10.8 million). 9 A significant portion of the City’s net position ($180.4 million or 78.5% of the Total Net Position) reflects its investment in capital assets (e.g., land, buildings, machinery, and equipment),net of the related debt that is still outstanding. Although the City’s investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the City’s net position (2.9%) represents resources that are subject to restrictions on how they may be used. The balance in restricted position reflects a decrease of $.3 million from the prior year. The decrease is primarily due to a decrease in debt service requirements for the business-type activities. The unrestricted portion of net position represents resources that may be used to meet the City’s ongoing obligations to its citizens and creditors. The 2016 governmental activities balance was a deficit of approximately $10.5 million,primarily due to the 2015 restatement of beginning net position for pension liabilities in the governmental activities as required by GASB Statement No. 68.The business-type activities had unrestricted net position of approximately $53.3 million. The changes in net position of the City are reported in the Statement of Activities on page 18 and are summarized in Table A-2 below. Table A-2 Changes in Net Position Condensed Statements of Activities ($ in millions) Governmental Activities Business-type Activities Totals 2016 2015 2016 2015 2016 2015 Revenues Program Revenues: Charges for services $ 20.3 $ 20.7 $ 43.0 $ 43.3 $ 63.3 $ 64.0 Operating grants, contributions 3.7 6.5 0.8 0.4 4.5 6.9 Capital grants, contributions 0.9 0.6 1.1 1.3 2.0 1.9 General Revenues: Property Taxes 56.9 52.0 --56.9 52.0 Other taxes 16.8 16.9 --16.8 16.9 Intergovernmental 7.2 7.1 --7.2 7.1 Other 17.2 13.1 0.3 0.2 17.5 13.3 Total Revenues 123.0 116.9 45.2 45.2 168.2 162.1 10 Governmental Activities Business-type Activities Totals 2016 2015 2016 2015 2016 2015 Expenses General government $ 23.0 $ 18.0 $ -$ -$ 23.0 $ 18.0 Public safety 65.9 62.0 --65.9 62.0 Physical environment 7.7 8.1 --7.7 8.1 Parks and recreation 13.3 13.4 --13.3 13.4 Interest on long-term debt 2.2 3.3 --2.2 3.3 Water and sewer --24.5 24.3 24.5 24.3 Stormwater utility --1.5 1.6 1.5 1.6 Municipal golf course --3.1 2.9 3.1 2.9 Lakeview golf course --0.6 0.6 0.6 0.6 City marina --0.1 0.1 0.1 0.1 Sanitation --3.7 6.3 3.7 6.3 Total Expenses 112.1 104.8 33.5 35.8 145.6 140.6 Change in Net Position Before Transfers 10.9 12.1 11.7 9.4 22.6 21.5 Transfers 0.9 3.6 (0.9)(3.6)-- Increase in Net Position 11.8 15.7 10.8 5.8 22.6 21.5 Beginning Net Position, as Originally Reported 64.1 123.2 143.1 136.7 207.2 259.9 Restatement for implementation of GASB Statements -(74.8)-0.6 -(74.2) Beginning Net Position, as Restated 64.1 48.4 143.1 137.3 207.2 185.7 Ending Net Position $ 75.9 $ 64.1 $ 153.9 $ 143.1 $229.8 $ 207.2 Governmental activities increased the City’s net position by $11.8 million, which was primarily due to an increase in property taxes and other revenues. Expense increased by $7.3 million, primarily due to increases in General Government and Public Safety. Business-type activities net position had an increase of $10.8 million which was attributable to water and sewer operations. 11 Revenues by sources for 2016 are summarized as follows: Expenditures by function for 2016 are summarized as follows: Financial Analysis of the City of Delray Beach Major Funds Governmental Funds The fund financial statements for the governmental funds are provided on pages 19-22. The operating activities of the major governmental funds are summarized as follows: Charges for services 16% Operating grants, contributions 3% Capital grants, contributions 1% Property tax 46% Other taxes 14% Intergovernmental 6%Other 14% Revenues by Program -Governmental Activies General government 20% Public Safety 59% Physical environment 7% Parks and recreation 12% Interest on long term debt 2% Expenditures by Function -Governmental Activies 12 Major Fund Information ($ in Millions) General Fund Neighborhood Services Fund Capital Improvement Fund 2016 2015 2016 2015 2016 2015 Revenues $114.6 $ 109.8 $0.9 $ 2.1 $ 5.3 $ 4.3 Expenditures (109.9) (98.8) (0.9) (0.9) (12.6) (15.5) Other financing sources (uses)(6.7) 1.0 0.1 0.1 3.6 17.0 Change in Fund Balance $ (2.0) $ 12.0 $ 0.1 $ 1.3 $ (3.7)$ 5.8 General Fund The General Fund, which is the primary operating fund of the City and is not supported by user fees, recognized $114,564,308 in total revenues offset with $109,886,401 in expenditures and $6,659,211 in net other financing uses. This resulted in a decrease in fund balance of $1,981,304. Total Fund Balance decreased from $41,065,385 in 2015 to $39,084,081 in 2016. Of that amount, $36,984,767 is Unassigned Fund Balance which represents 33.7% of our 2016 expenditure levels. Our internal financial policy is to maintain 15%to 25% of our expenditures in Unassigned Fund Balance for first quarter cash flow, uninsured legal claims and other emergency purposes. Neighborhood Services Fund The Neighborhood Services Fund is used to account for revenue received from federal, state and local governments under numerous grant programs which are used for various community development and improvement projects within the City. The Neighborhood Services Fund recognized $871,350 in total revenues offset by $919,428 in expenditures and $152,942 in other financing sources. This resulted in an increase in the fund balance of $104,864. Total Fund Balance increased from $1,890,147 in 2015 to $1,995,011 in 2016. The entire fund balance is restricted for community development projects. Capital Improvement Fund The Capital Improvement fund, which is used to account for construction of major capital facilities, recognized $5,276,244 in total revenues offset by $12,645,561 in expenditures and $3,669,051 in other financing sources. This resulted in a decrease in the fund balance of $3,700,266. Total Fund Balance decreased from $15,755,168 in 2015 to $12,054,902 in 2016. The entire fund balance is assigned for capital improvement projects. 13 Proprietary Funds Operating Income (Loss) Change in Net Position $ in Millions 2016 2015 2016 2015 Enterprise Funds Water and Sewer $10.3 $9.9 $6.8 $6.7 Stormwater Utility 0.6 0.5 0.2 0.2 Municipal Golf Course 0.1 0.3 1.9 0.2 Lakeview Golf Course 0.1 0.1 1.2 0.1 City Marina 0.1 0.1 0.1 0.1 Sanitation 0.4 0.1 0.4 (1.6) Internal Service Funds Insurance 0.9 0.8 0.9 0.9 Central Garage 0.1 0.1 0.8 0.2 Water and Sewer Fund Operating revenues were approximately $708,000 more than 2015 and operating expenses were approximately $299,000 more than 2015. Lower capital contributions of approximately $262,000 and higher net transfers out of approximately $244,000 resulted in an increase of approximately $6.8 million in net position in 2016. Stormwater Fund Operating revenues were approximately $2,000 higher in 2016 than 2015 and operating expenses were approximately $57,000 less than 2015. Nonoperating revenues, capital contributions and transfers out decreased by approximately $34,000 resulted in an increase of approximately $209,000 in net position in 2016. Other Enterprise Funds The City has four (4) non-major enterprise funds consisting of the Municipal Golf Course, Lakeview Golf Course, City Marina and Sanitation. The Municipal Golf Course had operating income this year of $113,038 compared to $280,044 last year. The Lakeview Golf Course had operating income of $63,781 versus $122,358 last fiscal year. This is an executive golf course, which is not as sensitive to the economy as the municipal golf course. The City Marina Fund had operating income this year of $146,459 compared to $127,325 last year. The Sanitation Fund generated operating income of $441,312 this year compared to $78,440 last year.The large increase is due to an ordinance amendment that eliminated cart fees and reduced franchise fees for residential customers effective October 1, 2015. Internal Service Funds Internal service funds are used to account for the financing of goods or services provided by one department to other departments within the City on a cost 14 reimbursement basis. The City has two internal service funds; the Insurance Fund is used to account for all personnel insurances (health, life, disability) and property and casualty insurance, and the Central Garage Fund handles all the fueling, maintenance and replacement of city vehicles. The Insurance Fund recorded an increase in our required self-insured “Incurred but Not Reported” (I BNR) claims liability from $5,654,742 to $5,966,869 for property, health and worker’s compensation claims. All required reserves are determined by outside actuaries. The Insurance Fund has $3,944,014 in Unrestricted Net Assets. The Central Garage Fund had an operating income of $51,717 compared to $121,342 last year. The change resulted from a decrease in operating expenses primarily due to a decrease in other operating expense for the current year. Budgetary Highlights General Fund: The difference between the original and final amended budget for 2016 was an increase of $9,685,646. There was a positive variance between the final adopted budget and actual results of operations of $8.9 million (excluding other debt proceeds and prior year surplus). Actual revenues (excluding other debt proceeds and prior year surplus) exceeded the final budget by approximately $3,788,000 and actual expenditures and other financing uses were less than final budget by approximately $5,161,000. The increase in current year revenues was attributable to an increase of approximately $559,000 in taxes, $565,000 in fees and permits, $355,000 in charges for services, $366,000 in fines and forfeitures and an increase of approximately $1.9 million in miscellaneous income due in part to prior year accrued expenses for the Inspector General services that were overturned by the courts in December 2016. Neighborhood Services Fund: The difference between the original and final amended budget for 2016 was an increase of $1,855,034.The budget was increased with the expectation of additional spending of available grant funds that did not occur in 2016. The increased expenditures are anticipated for next fiscal year. Capital Asset and Debt Administration Capital Assets As of September 30, 2016, the City had $250.7 million invested in a variety of capital assets, as reflected in Table A-3 below, which represents a net increase of $10.3 million from the previous fiscal year. Additional information can be found in Note 9 Capital Assets beginning on page 48. Capital asset activity for 2016 is summarized below: Table A-3 Capital Assets ($ In Millions) Beginning Balance 10/01/2015 Increases Decreases Ending Balance 9/30/2016 Governmental Activities: Land $39.7 $.6 $-$40.3 Construction in Progress 15.0 4.4 (14.1)5.3 Non-Depreciable Assets 54.7 5.0 (14.1)45.6 15 Beginning Balance 10/01/2015 Increases Decreases Ending Balance 9/30/2016 Buildings $39.5 $ .4 $ -$ 39.9 Improvements Other 122.8 15.0 (2.3)135.5 Equipment 44.0 5.7 (1.3)48.4 Less: Accumulated Depreciation (123.1)(7.8)3.6 (127.3) Depreciable Assets-Net 83.2 13.3 0.0 96.5 Capital Assets-Governmental 137.9 18.3 (14.1) 142.1 Business-Type Activities: Land 5.7 --5.7 Construction in Progress 6.5 7.3 (2.9)10.9 Non-Depreciable Assets 12.2 7.3 (2.9)16.6 Buildings 13.8 --13.8 Improvements Other 170.9 4.9 -175.8 Equipment 14.8 .7 (0.9)14.6 Less: Accumulated Depreciation (109.2)(3.9).9 (112.2) Depreciable Assets-Net 90.3 1.7 -92.0 Capital Assets-Business-Type $102.5 $ 9.0 $ (2.9)$ 108.6 Infrastructure assets have been included in the category “Improvements Other”. Major capital asset changes during the fiscal year 2016 were primarily for Construction in Progress in the General Construction Fund for Federal Highway and other beautification projects, as well as improvements in the Water and Sewer Fund primarily for the automated meter reading replacement project. Debt Administration As of September 30, 2016, the City had total debt outstanding of $85,956,780 compared to $99,253,757 as of September 30, 2015. Of this $85.9 million amount, and gross of any related unamortized premium or discounts: $42.3 million is revenue bond debt which is secured by other specified revenue sources or the promise to budget and appropriate sufficient revenues to pay for the debt service, A bond anticipation note of $5.1 million was fully paid in 2016, $14.8 million is general obligation bond debt which is debt backed by the full faith and credit of the City, $11.5 million is revenue bonds that are backed by a pledge of the water and sewer system net revenues, $8.1 million is for compensated absences, $6.0 million is for insurance claims reserves, and $0.3 million is for installment agreements that are secured by the promise to budget and appropriate sufficient revenues to pay the debt. 16 Noncurrent liabilities activity for 2016 is summarized as follows: Table A-4 Noncurrent Liabilities ($ in Millions) Beginning Balance 10/01/2015 Increases Decreases Ending Balance 9/30/2016 Governmental Activities: Revenue Bonds $46.6 $ - $(4.3)$42.3 Bond Anticipation Note 5.1 - (5.1)- General Obligation Bonds 16.4 - (1.6)14.8 Unamortized Premium 3.2 - (0.2)3.0 Total Bonds Payable 71.3 - (11.2)60.1 Installment Agreements 0.4 - (0.1)0.3 Compensated Absences 6.9 1.0 (0.9)7.0 Insurance Claims Payable 5.7 7.9 (7.7)5.9 Governmental Activities $84.3 $8.9 $(19.9)$73.3 Business-Type Activities: Revenue Bonds $13.8 $ - $(2.4)$11.4 Installment Agreements - 0.1 -0.1 Compensated Absences 1.2 0.1 (0.2)1.1 Business Type Activities 15.0 0.2 (2.6)12.6 Total Debt Outstanding $99.3 $ 9.1 $(22.5)$85.9 In October 2013, the general obligation bonds of the City were upgraded to a rating of AAA from Standard & Poor’s, which is their highest available rating. For more detailed information regarding the City’s debt and debt financing activity, refer to Note 12 - Noncurrent Liabilities beginning on page 52. Economic Factors and FY 2016-17 Budget and Rates The Florida legislature is considering various proposals which could have a significant impact on local government’s revenue and expenditures, as well as the government’s ability to maintain or improve services to the residents. The City is monitoring these initiatives and their future impact to the City. The current total millage rate decreased from 7.4639 mills for 2015 to 7.3367 mills for 2016. The operations portion decreased from 7.1611 mills to 7.0611 mills and the debt service portion decreased 9.0% to .2756 mills. Requests for Information This financial report is designed to provide a general overview of the City’s finances for all those with an interest in the government’s finances. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the: Office of the Chief Financial Officer 100 N. W. 1st Avenue Delray Beach, FL 33444 Basic Financial Statements Community Downtown Governmental Business-Type Redevelopment Development Activities Activities Total Agency Authority ASSETS Cash and cash equivalents 42,077,720$ 12,526,100$ 54,603,820$ 7,704,257$ 160,611$ Investments 41,232,730 19,239,613 60,472,343 - - Receivables: Accounts, net 1,246,643 2,966,428 4,213,071 9,492 - Unbilled accounts - 1,055,149 1,055,149 - - Notes receivable 2,346,308 - 2,346,308 2,723,137 - Notes receivable from component unit 3,519,948 - 3,519,948 - - Interest receivable 110,189 46,621 156,810 - - Due from other governments 790,199 - 790,199 - - Due from component unit 1,319,273 - 1,319,273 - - Due from primary government - - - 79,134 - Internal balances (1,653,045) 1,653,045 - - - Inventories 93,654 364,381 458,035 - - Prepaid expenses 670,937 368 671,305 - 41,036 Assets acquired for sale 277,981 - 277,981 - - Deposits - - - 19,886 - Restricted assets - 3,719,658 3,719,658 - - Investment in regional plant (joint venture)- 20,354,468 20,354,468 - - Capital assets: Non-depreciable capital assets 45,660,834 16,596,889 62,257,723 31,883,097 - Depreciable capital assets, net 96,422,179 92,030,745 188,452,924 2,630,433 - Total Assets 234,115,550 170,553,465 404,669,015 45,049,436 201,647 DEFERRED OUTFLOWS OF RESOURCES Deferred charges on refundings 1,641,011 - 1,641,011 - - Deferred amount related to pensions 16,684,643 605,535 17,290,178 - - Total Deferred Outflows of Resources 18,325,654 605,535 18,931,189 - - LIABILITIES Accounts payable and accrued expenses 5,130,141 1,401,666 6,531,807 637,910 23,170 Contracts payable and retainages - 146,426 146,426 7,500 - Deposits payable 1,083,485 1,237,909 2,321,394 7,344 - Unearned revenue 2,646,921 44,414 2,691,335 16,191 - Accrued interest on long-term debt 645,416 147,013 792,429 - - Due to component unit 79,134 - 79,134 - - Due to primary government - - - 1,319,273 - Noncurrent liabilities: Due within one year Bonds and note payable 3,357,280 1,892,720 5,250,000 1,698,776 - Installment agreements 121,658 27,233 148,891 - - Compensated absences 825,383 83,784 909,167 - - Insurance claims payable 1,643,869 - 1,643,869 - - Due in more than one year Bonds and note payable 56,747,011 9,555,316 66,302,327 7,960,397 - Installment agreements 145,771 82,206 227,977 - - Compensated absences 6,156,877 994,672 7,151,549 - - Insurance claims payable 4,323,000 - 4,323,000 - - Net OPEB obligation 6,256,601 900,249 7,156,850 - - Net pension liability 85,837,797 491,988 86,329,785 - - Total Liabilities 175,000,344 17,005,596 192,005,940 11,647,391 23,170 DEFERRED INFLOWS OF RESOURCES Deferred amount related to pensions 1,552,459 197,873 1,750,332 - - NET POSITION Net investment in capital assets 83,352,304 97,070,159 180,422,463 27,745,709 - Restricted for: Debt service 1,512,898 1,892,720 3,405,618 - - Law enforcement 1,307,711 - 1,307,711 - - Capital improvements 281,580 1,679,925 1,961,505 - - Unrestricted (Deficit)(10,566,092) 53,312,727 42,746,635 5,656,336 178,477 Total Net Position 75,888,401$ 153,955,531$ 229,843,932$ 33,402,045$ 178,477$ The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF NET POSITION September 30, 2016 Primary Government Component Units 17 Net (Expense) Revenue and Changes in Net Assets Community Downtown Operating Capital Redevelopment Development Charges for Grants and Grants and Governmental Business-type Agency Authority PRIMARY GOVERNMENT Expenses Services Contributions Contributions Activities Activities Total (CRA)(DDA) Governmental Activities: General Government 22,968,532$ 7,378,380$ 960,763$ 944,673$ (13,684,716)$ -$ (13,684,716)$ -$ -$ Public Safety 65,918,444 9,031,132 2,604,202 - (54,283,110) - (54,283,110) - - Physical Environment 7,714,515 2,063,648 - - (5,650,867) - (5,650,867) - - Parks and Recreation 13,311,802 1,825,824 210,948 - (11,275,030) - (11,275,030) - - Interest on Long-term Debt 2,229,468 - - - (2,229,468) - (2,229,468) - - Total Governmental Activities 112,142,761 20,298,984 3,775,913 944,673 (87,123,191) - (87,123,191) - - Business-type Activities: Water and Sewer 24,467,001 32,815,643 430,950 1,092,373 - 9,871,965 9,871,965 - - Stormwater Utility 1,546,867 2,111,117 22,986 - - 587,236 587,236 - - Municipal Golf Course 3,098,149 3,129,388 78,803 - - 110,042 110,042 - - Lakeview Golf Course 566,898 610,903 8,544 - - 52,549 52,549 - - City Marina 88,509 223,401 11,743 - - 146,635 146,635 - - Sanitation 3,748,162 4,132,645 254,232 - - 638,715 638,715 - - Total Business-type Activities 33,515,586 43,023,097 807,258 1,092,373 - 11,407,142 11,407,142 - - Total Primary Government 145,658,347$ 63,322,081$ 4,583,171$ 2,037,046$ (87,123,191)11,407,142 (75,716,049)- - COMPONENT UNITS Community Redevelopment Agency (CRA)14,153,682$ 191,502$ 226,723$ -$ (13,735,457) - Downtown Development Authority (DDA)696,273 - 49,186 - - (647,087) Total Component Units 14,849,955$ 191,502$ 275,909$ -$ (13,735,457) (647,087) General Revenues: Taxes:- Property Taxes 56,876,767 - 56,876,767 14,735,740 705,739 Franchise Fees 5,132,170 - 5,132,170 - - Utility Service Taxes 9,383,744 - 9,383,744 - - Sales Taxes 1,426,451 - 1,426,451 - - Local Business Tax 839,208 - 839,208 - - Intergovernmental Not Restricted to Specific Programs 7,174,725 - 7,174,725 - - Investment Earnings 306,237 248,146 554,383 71,582 198 Gain on Disposal of Capital Assets 37,765 15,352 53,117 - - Miscellaneous 16,829,794 - 16,829,794 - 29,086 Transfers 878,151 (878,151) - - - Total General Revenues and Transfers 98,885,012 (614,653) 98,270,359 14,807,322 735,023 Change in Net Position 11,761,821 10,792,489 22,554,310 1,071,865 87,936 Net Position - October 1, 2015,64,126,580 143,163,042 207,289,622 32,330,180 90,541 Net Position - September 30, 2016 75,888,401$ 153,955,531$ 229,843,932$ 33,402,045$ 178,477$ The notes to the financial statements are an integral part of this statement. Primary Government Program Revenues CITY OF DELRAY BEACH, FLORIDA STATEMENT OF ACTIVITIES For the Fiscal Year Ended September 30, 2016 Component Units 18 Neighborhood Capital Non-Major Total General Services Improvement Governmental Governmental Fund Fund Fund Funds Funds ASSETS Cash and cash equivalents 20,466,603$ 2,011,681$ 3,814,109$ 6,987,452$ 33,279,845$ Investments 19,493,081 - 10,556,717 3,210,744 33,260,542 Accounts receivable, net 1,049,997 1,463 - 178,777 1,230,237 Notes receivable 3,500 1,624,145 - 718,663 2,346,308 Notes receivable from component unit 3,519,948 - - - 3,519,948 Interest receivable 65,367 - 19,771 7,156 92,294 Due from other governments 719,043 71,156 - - 790,199 Due from component unit 1,278,616 30,803 7,500 2,354 1,319,273 Inventories 20,091 - - - 20,091 Prepaid items 669,738 - - 750 670,488 Assets acquired for sale - 277,981 - - 277,981 Total Assets 47,285,984$ 4,017,229$ 14,398,097$ 11,105,896$ 76,807,206$ LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCES LIABILITIES Accounts payable and accrued items 2,467,249$ 67,752$ 1,870,159$ 65,086$ 4,470,246$ Deposits payable 1,079,835 - - 3,650 1,083,485 Due to other funds 377,023 - - - 377,023 Due to component unit 29,134 - - 50,000 79,134 Total Liabilities 3,953,241 67,752 1,870,159 118,736 6,009,888 DEFERRED INFLOWS OF RESOURCES Unavailable revenue 4,248,662 1,954,466 473,036 729,768 7,405,932 FUND BALANCES Nonspendable: Inventories 20,091 - - - 20,091 Prepaid items 669,738 - - 750 670,488 Long-term notes receivable 3,500 - - - 3,500 Restricted for: Debt service - - - 1,512,898 1,512,898 Law enforcement - - - 1,307,711 1,307,711 Capital improvements 5,985 - - 275,595 281,580 Community development - 1,995,011 - - 1,995,011 Committed for: Economic development 1,000,000 - - - 1,000,000 Assigned to: Public safety - - - 137,876 137,876 Parks and recreation - - - 1,773,431 1,773,431 Capital improvements - - 12,054,902 5,249,131 17,304,033 Subsequent year's budget 400,000 - - - 400,000 Unassigned 36,984,767 - - - 36,984,767 Total Fund Balances 39,084,081 1,995,011 12,054,902 10,257,392 63,391,386 Total Liabilities, Deferred Inflows of Resources and Fund Balances 47,285,984$ 4,017,229$ 14,398,097$ 11,105,896$ 76,807,206$ The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA BALANCE SHEET GOVERNMENTAL FUNDS September 30, 2016 Major Funds 19 Total Fund Balances - Governmental Funds 63,391,386$ Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not financial resources and therefore, are not reported in the funds. Capital assets 245,596,205$ Less accumulated depreciation (109,474,181) 136,122,024 Other long-term assets are not available to pay for current period expenditures and, therefore, are reported as unavailable revenues in the funds. Interest receivable 1,094,418 Long-term receivables 144,645 Notes receivable from component unit 3,519,948 4,759,011 Deferred outflows and inflows of resources related to defined benefit pension plans are reported in the statement of net position. Because the net pension obligation does not represent available, spendable resources, it is not reported in governmental funds. Deferred outflows related to pensions 16,599,470 Deferred inflows related to pensions (1,524,626) 15,074,844 Premiums, discounts, gains and losses on refundings are reported as "Other Financing Sources and Uses" in the governmental funds. These items, however, are deferred and amortized over the life of the bonds in the government-wide statements. Deferred charges on refundings 1,641,011 Bond premium (2,977,327) (1,336,316) Long-term liabilities, including bonds payable, are not due and payable in the current period and therefore, are not reported in the funds. Accrued interest payable (645,416) Bonds and installment agreements payable (57,394,393) Compensated absences (6,858,246) Net OPEB obligation (6,119,763) Net pension liability (85,768,595) (156,786,413) Internal service funds are used by management to charge the costs of fleet management and insurance to individual funds. The net position of the internal service funds is included in governmental activities in the statement of net position. Net position 15,939,887 Less amount allocated to business-type activities (1,276,022) 14,663,865 Total Net Position - Governmental Activities 75,888,401$ The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET TO THE STATEMENT OF NET POSITION September 30, 2016 20 Neighborhood Capital Non-Major Total General Services Improvement Governmental Governmental Fund Fund Fund Funds Funds REVENUES Taxes 68,526,170$ -$ -$ -$ 68,526,170$ Licenses and permits 11,364,551 - - - 11,364,551 Intergovernmental 9,884,763 642,531 12,800 410,544 10,950,638 Charges for services 11,969,568 - - 499,416 12,468,984 Fines and forfeitures 1,506,611 - - 91,008 1,597,619 Miscellaneous 11,312,645 228,819 5,263,444 980,495 17,785,403 Total Revenues 114,564,308 871,350 5,276,244 1,981,463 122,693,365 EXPENDITURES Current: General government 21,435,312 919,428 380,323 390,343 23,125,406 Public safety 65,501,335 - 347,806 98,475 65,947,616 Physical environment 4,732,759 - 43,407 780,960 5,557,126 Parks and recreation 11,326,044 - 60,753 549,703 11,936,500 Capital outlay 668,265 - 9,075,232 95,672 9,839,169 Debt service: Principal retirement 5,485,461 - 2,713,059 2,999,350 11,197,870 Interest and fiscal charges 737,225 - 24,981 1,588,043 2,350,249 Total Expenditures 109,886,401 919,428 12,645,561 6,502,546 129,953,936 Excess of revenues over (under) expenditures 4,677,907 (48,078) (7,369,317) (4,521,083) (7,260,571) OTHER FINANCING SOURCES (USES) Proceeds from the sale of capital assets 790 - - - 790 Transfers in 3,881,390 153,242 3,748,611 3,170,496 10,953,739 Transfers out (10,541,391) (300) (79,560) (23,232) (10,644,483) Total Other Financing Sources (Uses)(6,659,211) 152,942 3,669,051 3,147,264 310,046 Net change in fund balances (1,981,304) 104,864 (3,700,266) (1,373,819) (6,950,525) Fund balances - October 1, 2015 41,065,385 1,890,147 15,755,168 11,631,211 70,341,911 Fund balances - September 30, 2016 39,084,081$ 1,995,011$ 12,054,902$ 10,257,392$ 63,391,386$ The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS For the Fiscal Year Ended September 30, 2016 Major Funds 21 Net Change in Fund Balances - Total Governmental Funds (6,950,525)$ Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlay as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. Depreciation expense and capital outlays in the current period were as follows. Capital outlay 9,839,169$ Depreciation expense (5,976,310) 3,862,859 In the statement of activities, only the gain or loss on the sale of capital assets is reported, whereas in the governmental funds the proceeds from the sale increases financial resources. The change in net position differs from the change in fund balance by the net book value of the assets retired. (14,514) Some revenues reported in the statement of activities do not generate current financial resources and are therefore not reported as revenue by the funds. Donations of capital assets 819,627 Change in note receivable from component unit (601,572) Change in long-term receivables (140,015) 78,040 Some expenses reported in the statement of activities are not reported in the funds because they have no effect on current financial resources Accrued interest on noncurrent liabilities 62,932 Compensated absences expense (92,148) Pension expense 2,943,841 Other postemployment benefits expense (1,005,061) 1,909,564 Debt issued provides current financial resources to governmental funds, but issuing debt increases long-term liabilities in the statement of net position. Governmental funds report the effect of premium, discount and similar items when debt is issued, whereas these amounts are deferred and amortized in the statement of activities. Debt Retirement Principal paid 11,197,870 Amortization of debt premiums and deferred charges on refundings 57,849 11,255,719 Internal service funds are used by management to charge the costs of fleet maintenance and insurance to individual funds. The net revenue of internal service funds is reported with governmental activities. Fund statement net income 1,769,826 Less allocation to business type activities (149,148) 1,620,678 Change in Net Position of Governmental Activities 11,761,821$ The notes to the financial statements are an integral part of this statement. For the Fiscal Year Ended September 30, 2016 CITY OF DELRAY BEACH, FLORIDA RECONCILIATION OF THE GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES TO THE STATEMENT OF ACTIVITIES 22 Governmental Activities Non-Major Total Internal Water and Stormwater Enterprise Enterprise Service ASSETS Sewer Fund Fund Funds Funds Funds Current Assets Cash and cash equivalents 11,022,846$ -$ 1,503,254$ 12,526,100$ 8,797,875$ Investments 11,779,355 4,453,292 3,006,966 19,239,613 7,972,188 Accounts receivable, net 2,429,299 - 537,129 2,966,428 16,406 Unbilled accounts receivable 1,055,149 - - 1,055,149 - Interest receivable 29,995 9,925 6,701 46,621 17,895 Due from other funds 2,631,488 - - 2,631,488 - Inventories 288,033 - 76,348 364,381 73,563 Prepaid expenses - 368 - 368 449 Restricted assets: Cash and cash equivalents 2,150,451 46,162 48,698 2,245,311 - Investments 1,474,347 - - 1,474,347 - Total Current Assets 32,860,963 4,509,747 5,179,096 42,549,806 16,878,376 Noncurrent Assets Property, land and equipment: Land 974,755 1,271,853 3,422,216 5,668,824 - Buildings 9,419,364 1,904,722 2,450,262 13,774,348 88,185 Improvements other than buildings 157,367,862 15,224,306 3,244,216 175,836,384 - Equipment 12,106,095 816,725 1,670,185 14,593,005 23,624,540 Construction in progress 9,920,768 927,077 80,220 10,928,065 - Accumulated depreciation (99,847,530) (7,368,987) (4,956,475) (112,172,992) (17,751,736) Other assets: Investment in regional plant joint venture 20,354,468 - - 20,354,468 - Total Noncurrent Assets 110,295,782 12,775,696 5,910,624 128,982,102 5,960,989 Total Assets 143,156,745 17,285,443 11,089,720 171,531,908 22,839,365 DEFERRED OUTFLOWS OF RESOURCES Deferred amount related to pensions 562,193 21,671 21,671 605,535 85,173 LIABILITIES Current Liabilities Accounts payable and accrued expenses 937,350 55,164 409,152 1,401,666 659,895 Contracts payable and retainages 146,426 - - 146,426 - Unearned revenue 9,435 - 34,979 44,414 - Current maturities of installment agreements - - 27,233 27,233 - Compensated absences payable 83,169 615 - 83,784 13,240 Insurance claims payable - - - - 1,643,869 Due to other funds - 2,254,465 - 2,254,465 - Refundable deposits payable 1,084,216 - 153,693 1,237,909 - 2,260,596 2,310,244 625,057 5,195,897 2,317,004 Current Liabilities Payable from Restricted Assets Accrued interest on long-term debt 142,813 2,422 1,778 147,013 - Current maturities of revenue bonds 1,802,060 43,740 46,920 1,892,720 - 1,944,873 46,162 48,698 2,039,733 - Total Current Liabilities 4,205,469 2,356,406 673,755 7,235,630 2,317,004 Noncurrent Liabilities Revenue bonds payable, net 9,360,550 94,950 99,816 9,555,316 - Installment agreements - - 82,206 82,206 - Long-term portion of compensated absences payable 919,808 31,855 43,009 994,672 110,774 Long-term portion of insurance claims payable - - - - 4,323,000 Net other postemployment benefits obligation 821,027 50,414 28,808 900,249 136,838 Net pension liability 456,772 17,608 17,608 491,988 69,202 Total Noncurrent Liabilities 11,558,157 194,827 271,447 12,024,431 4,639,814 Total Liabilities 15,763,626 2,551,233 945,202 19,260,061 6,956,818 DEFERRED INFLOWS OF RESOURCES Deferred amount related to pensions 183,709 7,082 7,082 197,873 27,833 NET POSITION Net investment in capital assets 78,778,704 12,637,006 5,654,449 97,070,159 5,960,989 Restricted for: Debt service 1,802,060 43,740 46,920 1,892,720 - Renewal and replacement 1,679,925 - - 1,679,925 - Unrestricted 45,510,914 2,068,053 4,457,738 52,036,705 9,978,898 Total Net Position 127,771,603$ 14,748,799$ 10,159,107$ 152,679,509 15,939,887$ Adjustment for the cumulative internal balance for the net effect of the activity between the internal service funds and the enterprise funds Cummulative prior year adjustments 1,126,874 Current year adjustment 149,148 Net Assets of Business-Type Activities, Statement of Net Position 153,955,531$ The notes to the financial statements are an integral part of this statement CITY OF DELRAY BEACH, FLORIDA STATEMENT OF NET POSITION PROPRIETARY FUNDS September 30, 2016 Business-Type Activities Major Funds 23 Governmental Activities Non-Major Total Internal Water and Stormwater Enterprise Enterprise Service Sewer Fund Fund Funds Funds Funds OPERATING REVENUES Charges for services Water sales 14,566,778$ -$ -$ 14,566,778$ -$ Sewer and stormwater fees 18,248,865 2,111,117 - 20,359,982 - Golf fees - - 3,740,291 3,740,291 - Marina fees - - 223,401 223,401 - Sanitation fees - - 4,132,645 4,132,645 - Risk management - - - - 13,294,458 Fleet management - - - - 2,390,086 Other operating revenue 430,950 22,986 127,785 581,721 2,585,207 Total Operating Revenues 33,246,593 2,134,103 8,224,122 43,604,818 18,269,751 OPERATING EXPENSES Personal services 8,323,940 482,805 259,031 9,065,776 1,285,894 Other operating expenses 11,369,837 670,669 6,956,176 18,996,682 14,272,000 Depreciation 3,260,502 403,252 244,325 3,908,079 1,779,676 Total Operating Expenses 22,954,279 1,556,726 7,459,532 31,970,537 17,337,570 Operating Income 10,292,314 577,377 764,590 11,634,281 932,181 NONOPERATING REVENUES (EXPENSES) Investment earnings 156,212 57,152 34,782 248,146 92,215 Rent revenue - - 225,537 225,537 - Share of regional plant joint venture net loss (1,346,726) - - (1,346,726) - Interest expense (287,312) (8,785) (42,186) (338,283) - Gain (loss) on disposal of equipment (12) - 15,364 15,352 51,489 Investment expense (9,188) - - (9,188) - Total Nonoperating Revenues (Expenses) (1,487,026) 48,367 233,497 (1,205,162) 143,704 Income Before Capital Contributions and Transfers 8,805,288 625,744 998,087 10,429,119 1,075,885 Capital contributions 1,092,373 - - 1,092,373 125,046 Transfers in 112,000 - 2,982,724 3,094,724 580,000 Transfers out (3,243,055) (416,580) (313,240) (3,972,875) (11,105) Change In Net Position 6,766,606 209,164 3,667,571 10,643,341 1,769,826 Net Position - October 1, 2015 121,004,997 14,539,635 6,491,536 - 14,170,061 Net Position - September 30, 2016 127,771,603$ 14,748,799$ 10,159,107$ - 15,939,887$ Adjustment for the net effect of the current year activity between the internal service funds and the enterprise funds 149,148 Change In Net Position as reported on the Statement of Activities for Business-type Activities 10,792,489$ The notes to the financial statements are an integral part of this statement CITY OF DELRAY BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION PROPRIETARY FUNDS For the Fiscal Year Ended September 30, 2016 Business-Type Activities Major Funds 24 Governmental Activities Non-Major Total Internal Water and Stormwater Enterprise Enterprise Service Sewer Fund Fund Funds Funds Funds CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users 40,230,036$ 2,138,529$ 8,261,755$ 50,630,320$ 18,270,334$ Receipts from others 430,950 - 225,537 656,487 - Payments to suppliers (11,619,384) 104,886 (10,083,054) (21,597,552) (13,247,673) Payments to employees (8,000,856) (447,144) (246,062) (8,694,062) (1,169,587) Net cash provided by (used in) operating activities 21,040,746 1,796,271 (1,841,824) 20,995,193 3,853,074 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 112,000 - 2,982,724 3,094,724 580,000 Transfers to other funds (3,243,055) (416,580) (313,240) (3,972,875) (11,105) Net cash provided by (used in) noncapital financing activities (3,131,055) (416,580) 2,669,484 (878,151) 568,895 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition and construction of capital assets (8,119,170) (1,338,496) (407,363) (9,865,029) (1,223,864) Proceeds from the sale of capital assets - - 16,444 16,444 75,762 Capital contributions 1,092,373 - - 1,092,373 - Principal paid on capital debt (1,756,390) (44,310) (535,925) (2,336,625) - Interest paid on capital debt (301,464) (9,544) (31,164) (342,172) - Net cash used in capital and related financing activities (9,084,651) (1,392,350) (958,008) (11,435,009) (1,148,102) CASH FLOWS FROM INVESTING ACTIVITIES Sales (purchases) of investments (136,927) (44,020) 1,147,779 966,832 (78,804) Interest on investments 133,571 49,660 29,724 212,955 78,804 Net cash provided by (used in) investing activities (3,356) 5,640 1,177,503 1,179,787 - Net increase (decrease) in cash and cash equivalents 8,821,684 (7,019) 1,047,155 9,861,820 3,273,867 Cash and cash equivalents - October 1, 2015 4,351,613 53,181 504,797 4,909,591 5,524,008 Cash and cash equivalents - September 30, 2016 13,173,297$ 46,162$ 1,551,952$ 14,771,411$ 8,797,875$ Reconciliation of cash and cash equivalents to statement of net position: Unrestricted cash and cash equivalents 11,022,846$ -$ 1,503,254$ 12,526,100$ 8,797,875$ Restricted cash and cash equivalents 2,150,451 46,162 48,698 2,245,311 - Cash and cash equivalents - September 30, 2016 13,173,297$ 46,162$ 1,551,952$ 14,771,411$ 8,797,875$ Reconciliation of operating income to net cash provided by operating activities: Operating income 10,292,314$ 577,377$ 764,590 11,634,281$ 932,181$ Adjustments to reconcile operating income to net cash provided by (used in) operating activities: Depreciation expense 3,260,502 403,252 244,325 3,908,079 1,779,676 Provision for doubtful accounts 50,964 - - 50,964 - Miscellaneous revenue - - 225,537 225,537 - Change in assets, deferred outflows/inflows and liabilities: Accounts receivable (33,101) 4,426 14,903 (13,772) 583 Due from other funds 7,380,855 - - 7,380,855 - Inventories 34,704 - 527 35,231 - Prepaid expenses 33,198 1,772 20,383 55,353 303,365 Deferred amount related to pensions 1,235,090 63,148 56,145 1,354,383 202,484 Accounts payable and accrued expenses (317,449) (105,100) (389,537) (812,086) 408,835 Unearned revenue - - (17,071) (17,071) - Compensated absences payable (120,667) 1,922 (4,502) (123,247) 15,847 Net pension liability (892,636) 17,994 (41,546) (916,188) (148,085) Net OPEB obligation 101,297 (47,403) 2,872 56,766 46,061 Insurance claims payable - - - - 312,127 Due to other funds - 878,883 (2,757,724) (1,878,841) - Refundable deposits payable 15,675 - 39,274 54,949 - Total adjustments 10,748,432 1,218,894 (2,606,414) 9,360,912 2,920,893 Net cash provided by (used in) operating activities 21,040,746$ 1,796,271$ (1,841,824)$ 20,995,193$ 3,853,074$ NON-CASH CAPITAL AND RELATED FINANCING AND INVESTING ACTIVITIES Amortization of bond premiums -$ -$ (7,371)$ (7,371)$ -$ Amortization of deferred charges on refundings -$ -$ 25,383$ 25,383$ -$ Installment agreement debt issued -$ -$ 140,100$ 140,100$ -$ Contributions of capital assets 1,092,373$ -$ -$ 1,092,373$ 125,046$ Realized and unrealized gains on investments 13,987$ 4,628$ 3,125$ 21,740$ 8,284$ The notes to the financial statements are an integral part of this statement CITY OF DELRAY BEACH, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS For the Fiscal Year Ended September 30, 2016 Business-Type Activities Major Funds 25 Pension Trust Funds ASSETS Cash and cash equivalents $ 5,509,319 Investments: U.S. Government securities 9,660,194 U.S. Government Agency securities 8,582,194 Mortgage and asset-backed securities 4,096,213 Municipal obligations 1,558,179 International fixed income investment fund 7,523,100 Domestic and international corporate bonds 29,787,271 Domestic equity securities 84,836,580 Domestic and international equity investment funds 39,057,659 Timber investment funds 6,014,227 Alternative investments 84,863,289 Interest and dividends receivable 807,060 Due from broker for securities sold 313,733 Employee contributions receivable 65,687 Prepaid expenses 343,449 Total Assets 283,018,154 LIABILITIES Accounts payable 178,662 Due to broker for securities purchased 405,636 Total Liabilities 584,298 NET POSITION Restricted for pension benefits $ 282,433,856 The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF FIDUCIARY NET POSITION FIDUCIARY FUNDS September 30, 2016 26 Pension Trust Funds ADDITIONS Contributions Employer $ 12,836,284 State 1,909,358 Plan members 2,424,726 Total contributions 17,170,368 Investment earnings Net appreciation in fair value of investments 19,968,151 Interest and dividends 5,397,988 25,366,139 Less investment expenses - custodian fees 924,147 Net investment earnings 24,441,992 Other income 169,505 Total additions 41,781,865 DEDUCTIONS Benefits 19,882,033 Refunds of contributions 185,623 Administrative expenses 327,557 Total deductions 20,395,213 Change In Plan Net Position 21,386,652 Net Position Restricted for Pension Benefits - October 1, 2015 261,047,204 Net Position Restricted for Pension Benefits - September 30, 2016 $ 282,433,856 The notes to the financial statements are an integral part of this statement. CITY OF DELRAY BEACH, FLORIDA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION FIDUCIARY FUNDS For the Fiscal Year Ended September 30, 2016 27 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 28 1. Financial Reporting Entity In conformance with the pronouncements of the Governmental Accounting Standards Board (“GASB”), the financial reporting entity of the City of Delray Beach, Florida (the “City”),includes the primary government and all organizations for which the primary government is financially accountable. The City was established pursuant to Section 12677, Laws of Florida, 1927. Financial accountability was determined based on the City’s ability to impose its will on an organization or the potential of the organization to provide specific financial benefits to or impose specific financial burdens on the City. Discretely Presented Component Units As defined by U.S. generally accepted accounting principles, the financial reporting entity consists of (a) the primary government, (b) organizations for which the primary government is financially accountable, and (c) other organizations for which the primary government is not accountable, but for which the nature and significance of their relationship with the primary government are such that exclusion would cause the reporting entity’s financial statements to be misleading or incomplete. Two dependent special districts of the City, created pursuant to Florida Statutes, have been included in the reporting entity as discretely presented component units. The districts are the Delray Beach Community Redevelopment Agency (the “CRA”) and the Delray Beach Downtown Development Authority (the “DDA”). Both of these entities are considered component units, as the City appoints the governing board of each, and has the ability to remove members of the board at will. The CRA is a dependent special district established by the City under authority granted by Florida Statute 163, Section III.The CRA is a legally separate entity established by Ordinance number 46-85 of the Delray Beach City Commission on June 18, 1985. The purpose of the CRA is to promote and guide the physical and economic redevelopment of approximately 1,900 acres in the center of the City. The CRA is governed by a seven member Board of Commissioners appointed by the Delray Beach City Commission. The DDA was created after the City petitioned the State of Florida. An Act allowing the DDA became law on March 22, 1971. The original boundary of the DDA was established by Section 3, Chapter 71-604 Laws of Florida, 1971. The expanded boundary was established by Chapter 94-476 Laws of Florida effective May 13, 1994. The purpose of the DDA is to promote and guide the economic development and improvement of the downtown area of the City. The governing body of the DDA is appointed by the Delray Beach City Commission. In addition, the City approves the DDA’s budget. Except as otherwise indicated, the notes to the financial statements pertain only to the primary government of the City. The separate financial statements of the CRA and the DDA can be obtained directly from the respective entities. Joint Venture The South Central Regional Wastewater Treatment and Disposal Board (the “Board”) is reported as a joint venture accounted for using the equity method as discussed in Note 10. The Board is an independent special district created by the Cities of Delray Beach and Boynton Beach, whose City Commissions comprise the Board’s governing body. Control and oversight are exercised equally by both cities represented on the Board.The separate financial statements of the Board can be obtained directly from the finance department of the Board. 2. Significant Accounting Policies The City maintains its accounting records in accordance with the principles and policies applicable to governmental units set forth by the Government Accounting Standards Board (GASB). City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 29 2. Significant Accounting Policies (Continued) Government-Wide and Fund Financial Statements The government-wide financial statements (the statement of net position and the statement of activities) report information on all of the non-fiduciary activities of the City. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from Business-type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function. Program revenues include (1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function and (2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Taxes and other items not properly included among program revenues are reported instead as General revenues. The City does not allocate indirect costs;however, an administrative service fee is charged by the General Fund to other operating funds that is eliminated like a reimbursement (reducing revenue and expense in the General Fund) to recover the direct costs of General Fund services provided (such as finance, legal, human resources, information systems, etc.). Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government-wide financial statements. Major individual governmental and enterprise funds are reported as separate columns in the fund financial statements. Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary and fiduciary fund financial statements. Revenues are recognized when earned and expenses are recognized when incurred, regardless of the timing of cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all time and purpose restrictions imposed by the provider have been met. The proprietary fund financial statements distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering services. The principal operating revenues are charges to customers for sales and services. Operating expenses include the cost of sales and services, administration, and depreciation. Other revenues and expenses are considered nonoperating revenues and expenses. Water and sewer and other proprietary fund revenues are recognized as earned when the services are provided.For purposes of measuring the net pension liability, deferred inflows/outflows of resources related to pensions, and pension expense, information about the fiduciary net position of the City’s defined benefit pension plans and the additions to/deductions from the fiduciary net position have been determined on the same basis as they are reported by the City’s defined benefit pension plans. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting.Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. Ad valorem taxes and charges for services are susceptible to accrual when collected in the current year or within 60 days subsequent to year end. Intergovernmental revenue and utility service taxes are recorded in accordance with their legal or contractual requirements if collected in the current period or within 60 days after year end, except for grant revenue, which is recorded when the related expenditures/expenses are incurred and the time and purpose restrictions have been met. Interest is recorded when earned. Licenses and permits, fines and forfeitures and miscellaneous revenue are recorded as revenue when received in cash, because they are generally not measurable until actually received. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 30 2. Significant Accounting Policies (Continued) Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued) Emergency medical transport services provided by the City are billed and recorded at the time services are rendered. Other material revenues which are susceptible to accrual include franchise fees, state revenue sharing and other state shared revenue. Revenues which are not both available and measurable and are thus not susceptible to accrual include utility service taxes, permits and occupational licenses. Business taxes collected in advance of periods to which they relate are recorded as unavailable revenues, a deferred inflow of resources. Expenditures are recognized in the accounting period in which the fund liability is incurred, if measurable, except that principal and interest on long-term obligations are reported only when due in conformity with GAAP.When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, then unrestricted resources as they are needed. The City reports the following major governmental funds: General Fund –This fund is the general operating fund of the City. All general tax revenue and other receipts that are not allocated by law or contractual agreement to another fund are accounted for in this fund. The general operating expenditures, fixed charges and capital improvement costs that are not paid through other funds are paid from the General Fund. Neighborhood Services Fund –This fund accounts for revenue received from federal, state and local governments under numerous grant programs which are used for various community development and improvement projects within the City. Capital Improvement Fund –This fund is used to account for the construction of capital facilities financed by the 2015 Utilities Tax Bonds and projects not accounted for in the City’s other capital projects funds. The City reports the following major proprietary funds: Water and Sewer Fund -This fund is used to account for water and sewer services provided by the City to residents and other users. Stormwater Fund –This fund is used to account for the levy of stormwater drainage assessments and the construction of drainage projects. Additionally, the City reports the following fund types: Internal Service Funds -These funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the City, or to other governmental units, on a cost reimbursement basis, including insurance services and operations of the central garage. Pension Trust Funds -These funds account for the accumulation of resources to be used for the retirement benefits of general employees, police officers and firefighters. Cash, Cash Equivalents and Investments Cash, cash equivalents and investments consist of restricted and unrestricted cash deposits, certificates of deposit, Florida intergovernmental investment pools, money market mutual funds and permitted securities and investment funds.Investment securities and funds are reported at fair value.Certificates of deposit, Florida intergovernmental investment pools and money market mutual funds are reported at amortized cost, which approximates fair value. Investment purchases and sales are recorded on the trade date. Realized and unrealized gains and losses on investments are reflected in current operating results as investment earnings. Cash balances from all funds are combined, and the requirements of all funds are considered in determining the amount to be invested. Earnings are allocated to each fund based on respective month-end balances. For purposes of the statement of cash flows, the City considers all highly liquid investments (including restricted assets) with a maturity of three mo nths or less when purchased to be cash equivalents. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 31 2. Significant Accounting Policies (Continued) Accounts Receivable Accounts receivable represent amounts due for various City services and utilities, provided primarily to local businesses and residents. Accounts receivable are reported net of an allowance for doubtful accounts determined based on the age of the individual receivable and historical collection trends. Accounts receivable are written off on an individual basis in the year the City deems them uncollectible. An allowance for doubtful accounts has been provided for those accounts where collectability appears to be doubtful. The City does not require collateral from its customers, except for the Water and Sewer Fund, which requires deposits for services. The City maintains an allowance for doubtful accounts at a level which management believes is sufficient to cover potential credit losses. Unbilled Service Receivables Within the enterprise funds, the Water and Sewer Fund recognizes revenue on the basis of mo nthly cycle billings to customers for services provided. As a result of this cycle billing method, there are unbilled receivables at the end of each fiscal year with respect to services provided, but not billed at such date. It is the policy of the City to accrue these amounts at year-end. The other enterprise funds do not have unbilled receivables at year-end. Inventories Inventories consist of materials, supplies and goods held for sale and are carried at cost on the average cost basis. General Fund inventories are accounted for using the consumption method whereby inventories are recorded as expenditures in the period when used. Prepaid Items/Expenses Payments for insurance premiums and other administrative expenditures/expenses extending over more than one accounting period are accounted for as prepaid items/expenses and allocated between accounting periods when consumed rather than when purchased. Interfund Transactions Transactions among funds during the year are described as follows: Interfund services provided and used -Transactions which are revenues to the recipient fund and expenditures/expenses to the disbursing fund. These are transactions which would otherwise be recorded as revenues or expenditures/expenses if they were conducted with organizations external to the City. Reimbursements -These transactions are reimbursements of a fund for the disbursement of monies initially made from it, which are properly applicable to another fund. Such reimbursements are recorded as an expenditure or expense in the reimbursing fund and as reductions of the interfund receivable in the fund that is reimbursed. Transfers -Transfers which, because of budgetary or legal restrictions, must be expended by funds other than the fund initially receiving the revenue. These transfers are recorded as transfers in (out). Internal balances -Amounts reported in the fund financial statements as interfund receivables and payables are eliminated in the government-wide governmental and business-type activities columns of the statement of net position, except for the residual amounts, which are presented as internal balances. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 32 2. Significant Accounting Policies (Continued) Intra-Entity Transactions Intra-entity transactions consist of transactions and balances between the primary government and its discretely presented component units and are separately reported from interfund balances. Current maturities of long-term intra-entity transactions are reported separately as due to and due from the respective entities. Assets Acquired for Sale Assets acquired for sale consist of residential properties purchased by the City through its Neighborhood Stabilization Program (“NSP”). The NSP rehabilitates and resells properties in the City to low income residents.The properties are reported at the lower of cost or estimated net realizable value. Capital Assets Capital asset acquisitions are recorded as expenditures in the governmental fund financial statements and capitalized at historical cost in the proprietary fund financial statements. Such assets are capitalized at historical cost in the government-wide financial statements for both governmental activities and business-type activities. In the case of gifts or contributions,such assets are recorded at fair value at the date of receipt. Capital costs which materially extend the useful life of existing properties are capitalized. Capital assets are defined as assets with an initial, individual cost of more than $1,000 and an estimated useful life in excess of one year.Interest is capitalized on projects during the construction period based upon average accumulated project expenditures. Infrastructure assets (such as roads, bridges, curbs and gutters, streets and sidewalks, lighting and drainage systems and similar assets that are immovable and of value only to the City) are capitalized and reported in the Improvements Other Than Buildings category. Depreciation of capital assets is provided on the straight-line basis over the assets’estimated useful lives. Amortization of assets recorded under capital leases is recorded with depreciation expense.Estimated useful lives assigned to various categories of assets are as follows: Buildings 20 –40 years Improvements other than buildings 10 –30 years Machinery and equipment 4 –15 years Automotive equipment 4 –8 years Office equipment 5 years Water meters 30 years Pumping equipment 15 –20 years Wells and springs 10 years Sewer system 60 years Water distribution system 50 years Unavailable / Unearned Revenue Unearned revenue in the Governmental Activities and unavailable revenue in the Governmental Funds includes amounts received in advance for business licenses, grants and long-term receivables for various housing assistance programs provided by the City. Unearned revenue in the Business-type Activities and Proprietary Funds is composed of advance utility payments from customers and other amounts received in advance of the related services being provided by the City. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 33 2. Significant Accounting Policies (Continued) Compensated Absences The City accrues compensated absences in accordance with GASB Statement No. 16, Accounting for Compensated Absences, and has elected the termination payment method of accounting for sick leave. Compensated absences are accrued when incurred in the government-wide and proprietary fund financial statements. A liability for these amounts is reported in the governmental fund financial statements only if they have matured, for example, as a result of employee resignations and retirements. The City’s policy regarding the accumulation of compensated absences is summarized as follows: Vacation Leave -Employees become eligible to use accrued vacation after one year of continuous service and may then use vacation as it is earned. The maximum vacation days allowed to be accumulated is 18, 24-hour days for fire department personnel and 36,8-hour days for all other full-time personnel.Upon termination in good standing, employees are compensated for all accrued vacation leave at their pay rate on the date of termination. Sick Leave -Employees earn hours of sick leave per month based on their scheduled work hours; 8 hours per month for 40-hour work week employees and 9.6 hours per month for 48-hour work week employees. If an employee retires with 20 years or more of service, sick leave is paid up to a maximum of 1,120 hours for general employees and police officers or 1,344 hours for 48-hour work week firefighter employees. Upon retirement with less than 20 years of service or resignation, employees are compensated for unused sick leave at their pay rate on the date of termination, up to 560 hours (70 days) for general employees and police officers and 672 hours (84 days) for firefighters according to the following vesting schedule: Years of Continuous Service Percent Vested 0 –5 years 0% 5 –10 years 25 10 –15 years 50 15 –20 years 75 Noncurrent Obligations In the government-wide financial statements and proprietary funds financial statements, long-term debt and other noncurrent obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund statement of net position. Debt discounts, premiums and deferred charges on refunding,are deferred and amortized over the term of the related financing using a method that approximates the effective interest method. Long-term debt is reported net of applicable premium or discount. Issuance costs are reported as a period expense. In the fund financial statements, governmental fund types recognize debt premiums and discounts, as well as debt issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources,while discounts on debt issuances are reported as other financing uses. Issuance costs are reported as debt service expenditures. Deferred Outflows / Inflows of Resources In addition to assets and liabilities, the government-wide and proprietary funds statements of net position and the governmental funds balance sheet report a separate section for deferred outflows and/or deferred inflows of resources. The separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until that time. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 34 2. Significant Accounting Policies (Continued) Deferred Outflows / Inflows of Resources (Continued) The City has two items, deferred charges on refundings and deferred amounts related to pensions, which are reported as deferred outflows of resources the government-wide and proprietary funds statements of net position. The deferred charges on refundings were losses resulting from the difference in the carrying value of refunded debt and its reacquisition price. These amounts are deferred and amortized over the shorter of the life of the refunded or refunding debt. A deferred outflow of resources related to pensions results from differences between expected and actual experience, changes in assumptions or other inputs. These amounts are deferred and included in pension expense in a systematic and rational manner over a period equal to the average of the expected remaining service lives of all employees that are provided with benefits through the pension plan (active employees and inactive employees). The separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenues) until that time. The City has one item, deferred amounts related to pensions,which is reported as a deferred inflow of resources on the government-wide and proprietary funds statements of net position. A deferred inflow of resources related to pensions results from differences between expected and actual experience which are deferred and included in pension expense in a systematic and rational manner over a period equal to the average of the expected remaining service lives of all employees that are provided with benefits through the pension plan (active employees and inactive employees). The City also has one item, unavailable revenues, which arises only under the modified accrual basis of accounting and is reported as a deferred inflow of resources on the governmental funds balance sheet. The unavailable revenues include amounts received in advance for business licenses, grants and long-term receivables for various housing assistance programs provided by the City. These amounts are deferred and recognized as an inflow of resources in the year that the amounts become available. Fund Balance / Net Position Fund Balance Nature and Purpose of Fund Equity Classifications -In the fund financial statements, governmental funds report fund equity classifications that comprise a hierarchy based primarily on the extent to which the City is legally bound to honor the specific purposes for which amounts in fund balance may be spent. The fund balance classifications are summarized as follows: Nonspendable -Nonspendable fund balances include amounts that cannot be spent because they are either 1) not in spendable form; or, 2) legally or contractually required to be maintained intact. Restricted -Restricted fund balances include amounts that are restricted to specific purposes either by 1) constraints placed on the use of resources by creditors, grantors, contributors, or laws or regulations of other governments; or, 2) imposed by law through constitutional provisions or enabling legislation. Committed -Committed fund balances include amounts that can only be used for specific purposes pursuant to constraints imposed by the City Commission through an ordinance and remains in place until action is taken by the City Commission to remove or revise the limitation. Assigned -Assigned fund balances include amounts that are constrained by the City’s intent to be used for specific purposes but are neither restricted nor committed. The City Commission assigns fund balance by adopting a resolution giving direction to the City Manager. Assignments are generally temporary and do not require action by the City Commission for removal. Unassigned -Unassigned fund balances include amounts that are not assigned to other funds and have not been restricted, committed, or assigned to specific purposes within the General Fund. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 35 2. Significant Accounting Policies (Continued) Fund Balance / Net Position (Continued) The City considers restricted fund balances to be spent when an expenditure is incurred for the restricted purpose. The City considers committed, assigned or unassigned fund balances to be spent when an expenditure is incurred for purposes for which amounts in any of those fund balance classifications could be used. Minimum Fund Balance Policy -The City Commission established a policy for a minimum unassigned fund balance of 19% of budgeted General Fund expenditures to provide for cash flow and emergency purposes. Net Position –The government-wide and proprietary funds financial statements utilize a net position presentation. Net position is categorized as follows: Net Investment in Capital Assets –This component of net position consists of capital assets, including restricted capital assets, net of accumulated depreciation and reduced by the outstanding balance of any bonds, notes or other borrowings that are attributable to the acquisition, construction, or improvement of those assets. If there are significant unspent related debt proceeds at year-end, the portion of the debt attributable to the unspent proceeds are not included in the calculation of Net Investment in Capital Assets. Rather, that portion of the debt is included in the same net position component as the unspent proceeds. Restricted –This component of net position consists of constraints placed on the use of net position by external restrictions imposed by creditors (such as through debt covenants), grantors, contributors, or laws or regulations of other governments or constraints imposed by law through constitutional provisions or enabling legislation. The government-wide statement of net position reports governmental activities net position of $3,102,189 restricted for debt service, law enforcement and capital improvements and business-type activities net position of $3,572,645 restricted for debt service and capital improvements. Unrestricted –This component of net position consists of net position that does not meet the definition of Net Investment in Capital Assets or Restricted Net Position. Property Taxes Ad valorem property taxes are assessed on property valuations as of January 1 and levied the following October. Property taxes are due March 31 and become delinquent April 1. Ad valorem property taxes are collected by Palm Beach County and remitted to the City. Revenue is recognized at the time monies are received from Palm Beach County. At September 30, unpaid delinquent taxes are reflected as a receivable and are offset in full by an allowance for estimated uncollectible accounts. Delinquent property taxes must be advertised within 45 days after delinquency, and after May 1 the property is subject to levy, seizure and sale by the County Tax Collector. Delinquent tax certificates are sold and become a lien on the property on June 1.State Statutes permit municipalities to levy property taxes at a maximum rate of 10 mills ($10.00 for each $1,000 of assessed valuation). During 2007,the Florida Legislature passed property tax reform legislation limiting the property tax levies of local governments in the State of Florida. Local governments that adopt a property tax levy in excess of the limit under State law will lose their Half-Cent Sales Tax distribution from the State for the succeeding twelve months. The maximum tax levy allowed by a majority vote of the governing body is generally based on a percentage change applied to the prior year (2014/2015) property tax revenue. The percentage change is calculated based on the compound annual growth rate in the per capita property taxes levied for five preceding fiscal years. The State law allows local governments to adopt a higher millage rate based on the following approval of the governing body: 1) a majority vote to adopt a rate equal to the adjusted current year rolled-back millage rate plus an adjustment for growth in per capita Florida personal income; 2) a two-thirds vote to adopt a rate equal to the adjusted current year roll back millage rate plus 10%; or, 3) any millage rate approved by unanimous vote or voter referendum. For the fiscal year ended September 30, 2016,the City adopted an operating millage rate of 7.0611 and a debt service millage of 0.2756, resulting in a tax levy of $58,512,469 for 2016. Property tax growth is generally limited to the annual growth rate of per capita personal income plus the value of new construction. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 36 2. Significant Accounting Policies (Continued) Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary control in the General Fund.Encumbrances outstanding at year-end, if any,are reported as fund balance assigned to encumbrances in the General Fund. For budgetary purposes, current year encumbrances are treated as expenditures and any unencumbered balances lapse at year-end. On-behalf Payments The City receives on-behalf payments from the State of Florida to be used for Police Officer and Firefighters pension benefits. Such payments are recorded as intergovernmental revenue and public safety expenditures in the GAAP basis government-wide and General Fund financial statements, but are not budgeted and therefore are not included in the General Fund budgetary basis financial statements. On-behalf payments to the City totaled $1,909,358 for the fiscal year ended September 30, 2016. Implementation of GASB Statements The City implemented the following GASB Statements during the fiscal year ended September 30, 2016: GASB Statement No. 72, Fair Value Measurement and Application, addresses financial reporting issues related to fair value measurements. The Statement provides guidance for determining a fair value measurement for financial reporting purposes and for applying fair value to certain investments and disclosures related to all fair value measurements. GASB Statement No. 76, The Hierarchy of Generally Accepted Accounting Principles for State and Local Governments, identifies, in the context of the current governmental financial reporting environment, the sources of accounting principles used to prepare financial statements of state and local governments in conformity with GAAP and the framework for selecting those principles. GASB Statement No. 72 required additional disclosure in the notes to the financial statements. GASB Statement No. 76 did not have any material effect on the financial statements. New GASB Statements: The Governmental Accounting Standards Board has also issued new Statements effective in future years. Management has not completed its analysis of the effects, if any, of the following GASB Statements on the financial statements of the City: GASB Statement No. 74, Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans, establishes new standards of financial reporting for governments whose employees are provided with other postemployment benefits (OPEB) through defined benefit and defined contribution OPEB plans and requires enhanced note disclosures and schedules of required supplementary information for OPEB plans. The requirements of this statement will be effective for the City’s fiscal year ending September 30, 2017. GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions, establishes new accounting and financial reporting requirements for governments whose employees are provided with other postemployment benefits (OPEB), as well as certain nonemployer governments that have a legal obligation to provide financial support for OPEB provided to employees of other entities. The requirements of this statement will be effective for the City’s fiscal year ending September 30, 2018. GASB Statement No. 77, Tax Abatement Disclosures, requires disclosure of tax abatement information about the reporting government’s own tax abatement agreements and agreements that are entered into by other governments that reduce the reporting government’s tax revenues. The requirements of this statement will be effective for the City’s fiscal year ending September 30, 2017. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 37 2. Significant Accounting Policies (Continued) Implementation of GASB Statements (Continued) GASB Statement No. 78, Pensions Provided through Certain Multiple-Employer Defined Benefit Pension Plans, amends the scope and applicability of GASB Statement No. 68 to exclude pensions provided to employees of state or local governmental employers through a cost-sharing multiple-employer defined benefit pension plan that (1) is not a state or local governmental pension plan, (2) is used to provide defined benefit pensions both to employees of state or local governmental employers and to employees of employers that are not state or local governmental employers, and (3) has no predominant state or local governmental employer (either individually or collectively with other state or local governmental employers that provide pensions through the pension plan). This Statement establishes requirements for recognition and measurement of pension expense, expenditures, and liabilities; note disclosures; and required supplementary information for pensions that have the characteristics described above.The requirements of this statement will be effective for the City’s fiscal year ending September 30, 2017. GASB Statement No. 79, Certain External Investment Pools and Pool Participants,addresses accounting and financial reporting for certain external investment pools and pool participants.Specifically, it establishes criteria for an external investment pool to qualify for making the election to measure all of its investments at amortized cost for financial reporting purposes. The requirements of this statement will be effective for the City’s fiscal year ending September 30, 2017. GASB Statement No. 80, Blending Requirements for Certain Component Units –an Amendment of GASB Statement No. 14,amends the blending requirements for financial statement presentation of component units of all state and local governments and requires blending of a component unit incorporated as a not-for-profit corporation in which the primary government is the sole corporate member.The requirements of this statement will be effective for the City’s fiscal year ending September 30, 2017. GASB Statement No. 81, Irrevocable Split-Interest Agreements, provides accounting and financial reporting guidance for irrevocable split-interest agreements in which a government is a beneficiary and requires that a government recognize assets representing the beneficial interest in the irrevocable split-interest agreement administered by a third party if the government controls the present service capacity of the beneficial interests. The requirements of this statement will be effective for the City’s fiscal year ending September 30, 2018. GASB Statement No. 82, Pension Issues –an Amendment of GASB Statement No. 67, No. 68 and No. 73, addresses issues regarding (1) the presentation of payroll-related measures in required supplementary information, (2) the selection of assumptions and the treatment of deviations from the guidance in an Actuarial Standard of Practice for financial reporting purposes, and (3) the classification of payments made by employers to satisfy employee (plan member) contribution requirements. The requirements of this statement will be effective for the City’s fiscal year ending September 30, 2018. GASB Statement No. 83, Certain Asset Retirement Obligations, addresses accounting and financial reporting for certain asset retirement obligations (AROs). Statement No. 83 establishes criteria for determining the timing and pattern of recognition of a liability and a corresponding deferred outflow of resources for AROs. Statement No. 83 also requires disclosure of information about the government’s AROs, including the methods and assumptions used for estimating liabilities and the estimated remaining useful life of the associated tangible capital assets. The requirements of this statement will be effective for the City for the fiscal year ending September 30, 2019. GASB Statement No. 84, Fiduciary Activities, establishes guidance regarding what constitutes fiduciary activities for accounting and financial reporting purposes, the recognition of liabilities to beneficiaries, and how fiduciary activities should be reported.The requirements of this statement will be effective for the City for the fiscal year ending September 30, 2020. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 38 2. Significant Accounting Policies (Continued) Estimates Management uses estimates and assumptions in preparing financial statements in accordance with GAAP. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities, and the reported amounts of revenues and expenses/expenditures. Actual results could vary from the estimates that were used. 3. Cash, Cash Equivalents and Investments Cash, cash equivalents and investments of the City and its pension trust funds at September 30, 2016, including unrestricted and restricted assets,are summarized as follows: City Primary Government Fiduciary Funds Pension Trust Total Deposits with financial institutions and cash on hand $36,039,130 $1,547 $36,040,677 Cash equivalents and investments 82,756,691 281,486,678 364,243,369 Total cash, cash equivalents and investments $118,795,821 $281,488,225 $400,284,046 Cash and cash equivalents $54,603,820 $5,509,319 $60,113,139 Investments 60,472,343 275,978,906 336,451,249 Restricted cash and cash equivalents 2,245,311 -2,245,311 Restricted investments 1,474,347 -1,474,347 Total cash, cash equivalents and investments $118,795,821 $281,488,225 $400,284,046 Deposits with Financial Institutions At September 30, 2016, the City’s cash and cash equivalents included deposits with financial institutions of $36,022,030 and petty cash of $17,100 and the pension trust funds had deposits with financial institutions of $1,547. Deposits with financial institutions were entirely covered by federal deposit insurance and a collateral pool pledged to the State Treasurer of Florida by financial institutions that comply with the requirements of Florida Statutes and have been designated as qualified public depositories by the State Treasurer of Florida. Qualified public depositories are required to pledge collateral to the State Treasurer with a market value equal to a percentage of the average daily balance of all government deposits in excess of any federal deposit insurance. In the event of a default by a qualified public depository, all claims for government deposits would be satisfied by the State Treasurer from the proceeds of federal deposit insurance, pledged collateral of the public depository in default and, if necessary, a pro rata assessment to the other qualified public depositories participating in the collateral pool. Investments Florida Statutes and City policy authorize the City and its pension trust funds to invest in Florida Prime (a State administered investment pool);negotiable direct obligations of or obligations unconditionally guaranteed by the U.S. Government; interest-bearing time deposits or savings accounts in financial institutions located in Florida and organized under Federal or Florida laws; money market mutual funds limited to U.S. Government securities; obligations of the Federal Farm Credit Banks, Fannie Mae, Freddie Mac, the Federal Home Loan Bank or its district banks; obligations guaranteed by the Government National Mortgage Association;and any additional investments authorized by the City’s Investment Policy of Board or Trustees for the Pension Plans. The City’s investment policy also authorizes the City to invest, with certain limitations, in repurchase agreements, commercial paper, bankers acceptances, corporate notes and obligations, mortgage-backed securities, state and local government tax exempt debt, registered investment companies and Florida intergovernmental investment pools. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 39 3. Cash, Cash Equivalents and Investments (Continued) Investments (Continued) The City’s pension trust funds may also invest in tax sale certificates of the State of Florida or any of its political subdivisions, preferred and common stocks of certain domestic and international corporations, debt securities of certain domestic and international corporations, mutual funds (including exchange traded funds), and alternative investments, including private investment funds consisting of equity and fixed income investments, real estate, timberlands, and similar investments that are not publicly traded. The following summarizes the cash equivalents and investments of the City and its pension trust funds reported on the statement of net position and statement of fiduciary net position at September 30, 2016: City Primary Government Fiduciary Funds Pension Trust Total Cash equivalents Money market mutual funds $11,784,632 $5,507,772 $17,292,404 Florida intergovernmental investment pools 9,025,369 -9,025,369 Total cash equivalents 20,810,001 5,507,772 26,317,773 Investments U.S. Government securities 19,421,604 9,660,194 29,081,798 U.S. Government Agency securities 26,830,593 8,582,194 35,412,787 Mortgage and asset-backed securities -4,096,213 4,096,213 Certificates of deposit 5,000,000 -5,000,000 Municipal obligations 499,655 1,558,179 2,057,834 International fixed income investment funds -7,523,100 7,523,100 Domestic and international corporate bonds 9,298,953 29,787,271 39,086,224 Commercial paper 895,885 -895,885 Domestic equity securities -84,836,580 84,836,580 Domestic and international equity investment funds -39,057,659 39,057,659 Timber investment funds -6,014,227 6,014,227 Alternative investments -84,863,289 84,863,289 Total investments 61,946,690 275,978,906 337,925,596 Total cash equivalents and investments $82,756,691 $281,486,678 $364,243,369 The Florida intergovernmental investment pools consist of two investment pools, Florida Cooperative Liquid Assets Securities System (FLCLASS) and Florida Surplus Asset Fund (FL SAFE),organized under Florida Statutes Section 163, the Florida Interlocal Cooperation Act, by Florida public agencies for the purpose of operating an independent investment pool for local governments in Florida. The investment pools are administered by a Board of Trustees elected by the participants in the pool and operated in a manner consistent with SEC Rule 2a7 of the Investment Company Act of 1940. Rule 2a7 allows SEC registered mutual funds to use amortized cost, rather than fair value, to report net position used to compute share prices if certain conditions are met. Those conditions include restrictions on the types of investments held, restrictions on the term-to-maturity of individual investments and the dollar-weighted average of the portfolio, requirements for portfolio diversification, and requirements for divestiture considerations in the event of security downgrades and defaults, and required actions if the fair value of the portfolio deviates from amortized cost by a specified amount. The fair value of the position in the pools is considered to be the same as the City’s account balance (amortized cost) in the pool. Fair Value of Investments: The City follows the provisions of GASB Statement No. 72, Fair Value Measurement and Application, which establishes a framework for measuring the fair value of investments in a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives highest priority to unadjusted quoted prices in active markets for identical assets (Level 1 measurements)and the lowest priority to City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 40 3. Cash, Cash Equivalents and Investments (Continued) Investments (Continued) unobservable inputs (Level 3 measurements). The three levels of the fair value hierarchy under GASB Statement No. 72 are described below: Level 1: Inputs to the valuation methodology are unadjusted quoted prices for identical assets in active markets that the City has the ability to access at the measurement date. Level 2: Inputs to the valuation methodology include the following: Quoted prices for similar assets in active markets. Quoted prices for identical or similar assets in inactive markets. Inputs other than quoted prices that are observable for the assets. Inputs that are derived principally from or corroborated by observable market data by correlation or other means. If the asset has a specified contractual term, the Level 2 input must be observable for substantially the full term of the asset. Level 3: Inputs to the valuation methodology are unobservable and significant to the fair value measurement. These unobservable inputs reflect the entity’s own estimates for assumptions that market participants would use in pricing the asset or liability. Valuation techniques wo uld typically include discounted cash flow models and similar techniques, but may also include the use of market prices of assets that are not directly comparable to the subject asset. The fair value measurement of an asset within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. The categorization of an investment within the fair value hierarchy is based upon the pricing transparency of the investment and does not necessarily correspond to the City’s perceived risk of that investment. Valuation Methodologies: The following valuation methods and assump tions were used by the City to estimate the fair value of financial instruments measured at fair value on a recurring basis under GASB Statement No. 72: Equity securities: Valued at the closing price reported on the active exchange on which the individual securities are actively traded. U.S. Government and Agency securities, mortgage and asset-backed securities, municipal obligations, domestic and international corporate bonds and commercial paper: Valued at the closing price reported on the active exchange on which the individual securities are actively traded. Securities that are not actively traded are valued using a matrix pricing technique based on the securities’ relationship to quoted benchmark prices. Investments measured at net asset value (NAV): Domestic and international equity and fixed income investment funds and alternative investment funds investing in fixed income and equity securities, timberland and real estate,are valued at the unadjusted NAV per share at September 30, 2016, calculated in a manner consistent with the Financial Accounting Standards Board’s measurement principles for investment companies based on the fair value of the underlying fund investments, as determined by the fund manager, if available, or by valuations of a fund’s underlying assets as provided by the general partner or investment manager, since the assets are not publicly traded. Timberland and real estate values are based upon annual independent appraisals performed for assets held by the funds.The fair value of timberlands and real estate is the price that would be received if the asset was sold to a market participant assuming the highest and best use of each asset at the measurement date.The pooled investment funds in fixed income and equity investments are not publicly traded and invest in various types of equity securities and fixed income securities. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 41 3. Cash, Cash Equivalents and Investments (Continued) Investments (Continued) The alternative investment funds may hold certain investments which may be valued by a single market maker. While the fund managers use their best judgment in estimating the fair values of underlying funds, there are inherent limitations in any estimation technique. Accordingly, the fair values of alternative investment funds have been estimated by the management of the pension funds and their investment advisors in the absence of readily ascertainable market values. The methods and assumptions described above may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. While the City believes its valuation methodologies are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine fair value of certain financial instruments could result in a different fair value measurement at the reporting date. There were no changes in the methods and assumptions used for the year ended September 30, 2016. Fair Value of Investments: The financial assets measured at fair value on a recurring basis include the City’s investments. There were no liabilities measured at fair value on a recurring basis at September 30, 2016. The fair value of the City’s investments at September 30, 2016 is summarized as follows: Fair Values at September 30, 2016 Level 1 Level 2 Level 3 Total Debt securities U.S. Government U.S. Government Agencies Mortgage and asset-backed Municipal obligations International fixed income investment funds Corporate bonds Commercial paper Total debt securities $29,081,798 - - - 7,523,100 - - 36,604,898 $- 35,412,787 4,096,213 2,057,834 - 39,086,224 895,885 81,548,943 $- - - - - - - - $29,081,798 35,412,787 4,096,213 2,057,834 7,523,100 39,086,224 895,885 118,153,841 Equity and other investments Domestic equity securities Equity mutual funds Timber funds Total equity securities Total investments Investments measured at NAV Pooled equity index fund Equity investment funds Fixed income index fund Alternative investment funds Fixed income investment fund Real estate investment funds Total investments at NAV Total investments at fair value 84,836,580 39,057,659 - 123,894,239 $160,499,137 - - - - $81,548,943 - - 6,014,227 6,014,227 $6,014,227 84,836,580 39,057,659 6,014,227 129,908,466 248,062,307 42,012,571 12,944,636 11,177,022 6,277,773 12,451,287 84,863,289 $332,925,596 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 42 3. Cash, Cash Equivalents and Investments (Continued) Investments (Continued) The reported fair values for the alternative investment funds may differ significantly from the values that would have been used had a ready market for the underlying funds existed and the differences could be material. Future confirming events will affect the estimates of fair value, and the effect of such events on the estimates of fair value could be material. The alternative investment funds also expose the pension funds to additional investment risks, including liquidity risks; counterparty and custody risks; foreign political, economic and governmental risks; and, market risk. At September 30, 2016, the investments measured at NAV had future funding commitments of $4,944,193, no lock-up periods and were redeemable monthly, quarterly or annually with 5 to 90 days’ notice. Custodial Credit Risk: Custodial credit risk is defined as the risk that the City may not recover cash and investments held by another party in the event of financial failure. The City’s investment policy requires cash and investments to be fully insured or collateralized, or held in independent custodial safekeeping accounts in the name of the City. At September 30, 2016 all direct investments in securities were held in independent custodial safekeeping accounts, and money market mutual funds, mutual funds and alternative investments, were considered unclassified investments pursuant to GASB Standards. Concentration of Credit Risk: Concentration of credit risk is defined as the risk of loss attributed to the magnitude of an investment in a single issuer. The City’s investment policy requires diversification of investments to minimize potential losses on individual securities. In the City pension funds, securities of a single issuer are limited to no more than 5% of the plan’s net position invested in common stocks and debt securities. Investments in mutual funds, and investment pools are excluded from the concentration of credit risk disclosure requirement. Credit Risk: Credit risk is the risk that a debt issuer will not fulfill its obligations. The City’s investment policy addresses credit risk by limiting investments to the safest types of securities, which are generally those receiving the highest credit ratings from a Nationally Recognized Statistical Rating Organization (NRSRO). The City utilizes ratings from Standard & Poor’s and Moody’s Investor Services for its investments. At September 30, 2016, the ratings for the City’s investment portfolio ranged from A to AAA. Pension investments in debt securities must be rated investment grade by a NRSRO at the date of purchase. The NRSRO ratings for the fixed income investments of the primary government and pension funds are summarized as follows at September 30, 2016. NRSRO Rating Fair Value Primary Government Money market mutual funds Unrated $11,784,632 Florida intergovernmental investment pools AAAm 9,025,369 U.S. Government and Agency securities AA 46,252,197 Municipal obligations AA 499,655 Corporate bonds AA –A 9,298,953 Commercial paper A 895,885 Pension Trust Funds Money market mutual funds Unrated 5,507,772 U.S. Government and Agency securities AAA –AA 18,242,388 Mortgage and asset-backed securities AA 4,096,213 Municipal obligations AAA –BBB 1,558,179 International fixed income investment funds Unrated 7,523,100 Domestic and international corporate bonds AA –BBB 29,787,271 Alternative investment -fixed income index fund Unrated 11,177,022 Alternative investment -fixed income investment fund Unrated 6,277,773 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 43 3. Cash, Cash Equivalents and Investments (Continued) Investments (Continued) Interest Rate Risk: Interest rate risk is the risk that changes in interest rates will adversely affect the fair value of an investment in debt securities. Generally, the longer the time to maturity, the greater the exposure to interest rate risk. The City’s investment policy requires the investment of operating funds in shorter term securities and structuring of the investment portfolio so that securities mature to meet cash requirements. The policy further limits investments to securities maturing in five years or less, except in certain limited situations requiring approval by the City Commission. The Pension Funds have no specific limits on investment maturities. The table below summarizes the average effective duration in years of the fixed income investments. Average Duration (in years)Fair Value Primary Government U.S. Government securities 1.7 $19,421,604 U.S. Government Agency securities 2.2 26,830,593 Municipal obligations 1.6 499,655 Corporate bonds 1.4 9,298,953 Commercial paper 0.3 895,885 Certificates of deposit 0.5 5,000,000 Pension Trust Funds U.S. Government securities 4.8 9,660,194 U.S. Government Agency securities 10.1 8,582,194 Mortgage and asset-backed securities 2.2 4,096,213 Municipal obligations 12.9 1,558,179 International fixed income investment fund Not Available 7,523,100 Domestic and international corporate bonds 8.1 29,787,271 Alternative investment -fixed income index fund Not Available 11,177,022 Alternative investment -fixed income investment fund Not Available 6,277,773 Foreign Currency Risk: Foreign currency risk includes the risk of revaluation of currencies, high rates of inflation, repatriation restrictions on income and capital, and future adverse political, social, and economic developments. Moreover, securities of foreign governments may be less liquid, subject to delayed settlements, taxation on realized and unrealized gains, and their price may be more volatile than those of comparable securities in U.S. companies. Risks and Uncertainties: Due to the various risks associated with certain investments, it is at least reasonably possible that changes in the values of investments will occur in the near term and that such changes could materially affect the amounts reported in the accompanying financial statements.The value, liquidity, and related income of certain securities with contractual cash flows, such as asset backed securities,collateralized mortgage obligations, commercial mortgage backed securities and real estate funds or pooled funds investing in these securities or entities, are particularly sensitive to changes in economic conditions, including real estate value, delinquencies or defaults, or both, and may be adversely affected by shifts in the market’s perception of the issuers and changes in interest rates. Discretely Presented Component Units Cash: The CRA’s cash at September 30, 2016, includes deposits with financial institutions with a bank balance of $7,684,392, a book balance of $7,697,251, Florida Prime deposits of $6,756 and $250 of petty cash. The CRA’s deposits with financial institutions were entirely covered by federal depository insurance and a collateral pool pledged to the State Treasurer of Florida by financial institutions that comply with the requirements of Florida Statutes and have been designated as a qualified public depository by the State Treasurer. The DDA’s cash balance at September 30, 2016, includes deposits with financial institutions that were fully covered by federal depository insurance. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 44 4. Receivables Current receivables and the allowance for doubtful accounts were as follows at September 30, 2016: Governmental Activities Business-Type Activities Property taxes receivable: General Fund $206,910 $- Stormwater Utility Fund -6,271 Accounts receivable: General Fund 2,426,587 - Water and Sewer Fund -4,411,926 Non-Major Funds 180,240 537,129 Internal Service Funds 16,406 - Allowance for doubtful accounts (1,583,500)(933,749) $1,246,643 $4,021,577 5. Notes Receivable Notes receivable consist of the following at September 30, 2016: General Fund Non-interest-bearing note receivable from EPOCH, a Delray Beach not-for-profit organization,to assist in funding for a museum project. Payments of $3,500 are due December 31 of each year, with full payment due by December 31, 2017.$3,500 Other Governmental Funds Non-interest-bearing notes receivable from individual property owners for rehabilitation, enhancement and preservation of affordable housing properties. Principal payments are amortized over 5-20 years. Repayment of the loans is contingent upon the sale of real estate prior to the required time frame or release date. Loan repayments are restricted under terms of federal and state grant programs to reinvestment in affordable housing properties.2,342,808 Total Governmental Activities $2,346,308 In 1990 the City received a grant of approximately $4 million through the Urban Development Action Grant Program (UDAG) for the purpose of constructing a low-income housing project within the City known as Auburn Trace. In connection with the UDAG funding, the City approved three loans to the developer, who also obtained a commercial first mortgage loan for construction of the project. The City’s first loan to the developer financed the City’s sale of 36 acres of property to the developer for $730,000 with a non-interest bearing, five year promissory note for $720,000 secured by a lien on the property. The City’s second loan to the developer was for $3,840,000 from the UDAG monies and was secured by a second mortgage on the property. The second mortgage was payable annually over a 50 year term with 3% interest that was deferred until maturity in accordance with the repayment provisions of the UDAG funding. The City’s third loan to the developer was for $768,000 from City funds and was payable annually over a 25 year term with zero interest.The loans for $720,000 and $768,000 were paid in full in fiscal years 2006 and 2010, respectively, and the related liens on the property were released.The remaining second mortgage note receivable from the developer had an outstanding balance of $4,350,378 which was paid off in February 2016. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 45 5. Notes Receivable (Continued) On October 8, 2014 the first mortgage lender filed a foreclosure action against the developer and on January 7, 2015, the developer filed for voluntary Chapter 11 bankruptcy. Thereafter on May 29,2015, the City paid $4,232,851 to purchase the defaulted first mortgage note with an outstanding principal balance of $4,221,526 and accrued interest and fees of approximately $768,000 from the developer’s first mortgage lender. In connection with the acquisition of the first mortgage note, the City obtained an independent appraisal of the Auburn Trace property indicating the current fair value was $8.5 million, which exceeded the outstanding principal balance due on the City’s first and second mortgage notes receivable. In addition to the outstanding principal balance on the two Auburn Trace mortgage notes receivable, the City was also entitled to pre-bankruptcy petition accrued interest, accrued interest on the first mortgage at the default rate of 20%, late payment fees, legal fees and other related charges,all subject to approval of the bankruptcy court. On September 17, 2015,the bankruptcy court approved a monthly payment to the City of $30,000 by the debtor in possession, commencing in September 2015,for amounts due on the City’s first mortgage note. On February 12, 2016, the Auburn Trace property wa s sold for $11,300,000 and the City received a payment of $9,909,313 in full satisfaction of the outstanding first and second mortgage loans and accrued interest and late fees and approximately $110,000 for pre-petition attorney fees and costs related to the Auburn Trace property. Notes Receivable from Component Unit –Delray Beach Community Redevelopment Agency (CRA) The City’s outstanding notes receivable from the CRA at September 30, 2016, consisted of the following: US Highway 1 Improvements: The CRA entered into an interlocal agreement with the City in October 2011 to provide a portion of the funding for the US Highway One improvements planned by the City. The agreement was subsequently amended in January 2013 based on a final project cost of approximately $14.0 million, of which the CRA agreed to fund $3,614,190, plus financing costs. The City initially financed the project with a line of credit and planned to obtain permanent financing after the project was completed. The CRA agreed to pay the City interest only on the CRA share of the amount financed by the City through May 31,2014. Thereafter, the CRA pays the City an amount equal to the principal and interest on the City’s debt for the project based on the CRA’s share of the project funding for a period of twelve years. Principal on the loan is payable by the CRA annually on June 1st in amounts ranging from $250,000 to $374,190. Interest is payable semi-annually on June 1st and December 1st at 3.25% on the outstanding principal balance.The note receivable from the CRA was $2,891,352 at September 30, 2016. Library Property Acquisition: In connection with the planned redevelopment by the CRA of the former site of the Delray Beach Public Library, the City entered into a tri-party interlocal agreement in March 2013, with the CRA and the Delray Beach Chamber of Commerce to relocate the Chamber’s offices and purchase the City’s reversionary rights in the property. The CRA agreed to purchase the City’s property rights for a total of $2,270,870, payable to the City in equal annual installments of $266,215, including interest at 3.0%, commencing March 8, 2014. In the event the CRA sells or conveys any portion of the property during the term of the loan, the CRA agreed to pay the City a lump sum principal payment on the loan equal to 50% of the sales proceeds received by the CRA, in addition to the annual installment payments due on the loan, but not in excess of the total loan amount. The CRA granted a reservation of rights to the City to maintain 50 public parking spaces on the property in perpetuity. The note receivable from the CRA was $628,596 as of September 30, 2016. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 46 5. Notes Receivable (Continued) Discretely Presented Component Unit –Delray Beach Community Redevelopment Agency (CRA) The CRA’s outstanding notes receivable at September 30, 2016 consist of the following: Notes Receivable from Delray Beach Community Land Trust Construction Mortgages: The CRA provides advances to the Delray Beach Community Land Trust, Inc. (CLT) to finance the construction of affordable housing units by the CLT. The construction advances are to be repaid by the CLT from the proceeds of the sale of the home. These advances are non-interest bearing mortgages on the property and have no fixed repayment date, although the advances are generally not expected to be repaid within one year. In the event that the proceeds from the sale of a home are not sufficient to repay the CRA’s mortgage for the construction advance, the balance of the unpaid mortgage is forgiven by the CRA and the uncollectible amount is charged to expenditures. At September 30, 2016, the total advances receivable from the CLT were $325,249 all of which is considered collectible by the CRA. Land Acquisition Mortgage: In April 2013, the CRA loaned $116,000 to the CLT for the purchase of suitable building lots in the City for the CLT’s affordable housing program. Interest only payments are due quarterly on the loan at 2.1% commencing April 1, 2014 and continuing through maturity of the loan on April 12, 2018, at which time the outstanding principal is due and payable to the CRA. In the event the CLT’s interest in the property is sold or otherwise transferred prior to the maturity date of the loan, all outstanding principal and accrued interest is immediately due. The loan is collateralized by a first purchase money mortgage on the property acquired by the CLT.The note receivable balance was $116,000 as of September 30, 2016. Note Receivable from Delray Beach Chamber of Commerce In February 2013, the CRA entered into an agreement with The Greater Delray Beach Chamber of Commerce, Inc. (the “Chamber”) to provide funding for the relocation of the Chamber’s offices to the Old School Square Parking Garage retail office space in order to facilitate redevelopment by the CRA of the property then occupied by the Chamber (the “Chamber property”). The agreement provides that the CRA will fund up to $459,675 of the cost to build out the Chamber’s new office space, of which the Chamber agreed to repay $250,000 to the CRA over 15 years. The Chamber executed a promissory note to the CRA for $250,000 payable in 180 equal monthly installments of $1,849, including interest at 4.0%, beginning April 1, 2014, through maturity. Within 30 days following occupancy of the new office space by the Chamber, the Chamber agreed to execute a release and termination of its existing lease on the Chamber property, thereby allowing the CRA to redevelop the property.The note receivable balance was $218,004 as of September 30, 2016. Note Receivable from Prime Delray Hotel, LLC On June 20, 2014, the CRA entered into an agreement to loan Prime Delray Hotel, LLC $1.5 million for development and construction of a 4-story business class hotel on Atlantic Avenue (the “Hotel Property”). The loan accrues interest at a rate of 3% per annum. Payments of interest only on the outstanding loan balance of $1,500,000 are payable to the CRA on the first day of each mo nth for 60 months beginning August 1, 2014 and continuing through July 1, 2019, at which time all outstanding principal and accrued interest will be due to the CRA. The loan is collateralized by a second mortgage lien and security interest in the Hotel Property and all improvements, fixtures, and appurtenances thereto. The $1,500,000 loan balance was repaid in full on December 21, 2016. Second Mortgage Loans Receivable The CRA provided home mortgage loan assistance to eligible low income individuals who qualified under the CLT or CRA home subsidy program for the purchase of a home or the rehabilitation of an existing home within the City. The home purchase or rehabilitation subsidy provided by the CRA is secured by a second mortgage on City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 47 5. Notes Receivable (Continued) Discretely Presented Component Unit –Delray Beach Community Redevelopment Agency (CRA) (Continued) the property. The second mortgage is non-interest bearing and requires no principal payments to the CRA until the occurrence of a specified event, generally related to the sale of the property, a default on the first mortgage on the property or a default on the obligations of the second mortgage to maintain the property, provide insurance, pay all taxes and generally not permit any impairment or deterioration of the property. The CRA expects the full amount of the mortgage to be recoverable at some future, undetermined date when the property is sold or transferred to a new owner. At September 30, 2016, the amount of the individual second mortgages originated in 2008 through 2016, ranged from $15,000 to $85,000 and all borrowers were in compliance with the terms of the second mortgage. The loans receivable totaled $563,884 as of September 30, 2016. 6.Due from/Due to Component Unit The amounts due from/due to component unit consist of the following balances for the Delray Beach Community Redevelopment Agency at September 30, 2016: Due from Component Unit General Fund Clean and Safe Program $1,278,616 Neighborhood Services Fund Housing rehabilitation Neighborhood planner Capital Improvement Fund Old School Square rehabilitation Beautification Fund Street swap 9,720 21,083 7,500 2,354 Total Due from Component Unit $1,319,273 Due to Component Unit General Fund Shared employees Special Projects Fund Eagle Nest project $29,134 50,000 Total Due to Component Unit $79,134 7. Due from Other Governments The total amount due from other governments of $790,199 at September 30, 2016, represents the amount due from federal and state sources for intergovernmental revenues and grant reimbursements in the General Fund and Neighborhood Services Fund. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 48 8. Restricted Assets Restricted assets in the Enterprise Funds result from revenue bond requirements to fund the current portions of principal and interest and a renewal and replacement reserve. The required cash balances and reserve requirements at September 30, 2016, have been met for outstanding bond issues. The City’s policy is to first apply restricted resources when expenses are incurred for purposes for which both restricted and unrestricted net position is available.Net position of the Enterprise Funds is restricted to the extent that restricted assets exceed liabilities payable from restricted assets at September 30, 2016. Restricted assets, liabilities payable from restricted assets and restricted net position of the Enterprise Funds are summarized as follows at September 30, 2016: Restricted for Restricted Assets Debt Service Renewal and Replacement Total Water and Sewer Fund Cash and cash equivalents $470,526 $1,679,925 $2,150,451 Investments 1,474,347 -1,474,347 Stormwater Fund Cash and cash equivalents 46,162 -46,162 Non-Major Enterprise Funds Cash and cash equivalents 48,698 -48,698 Total Restricted Assets 2,039,733 1,679,925 3,719,658 Liabilities Payable from Restricted Assets Water and Sewer Fund 142,813 -142,813 Stormwater Fund 2,422 -2,422 Non-Major Enterprise Funds 1,778 -1,778 Total Liabilities Payable from Restricted Assets 147,013 -147,013 Restricted Net Position $1,892,720 $1,679,925 $3,572,645 9. Capital Assets The major components of capital assets for the City are summarized as follows at September 30, 2016: Governmental Activities Beginning Balance Increases Decreases Ending Balance Non-depreciable Assets Land $39,729,979 $572,026 $-$40,302,005 Construction in Progress 14,982,001 4,487,242 (14,110,414)5,358,829 Total Non-depreciable Assets 54,711,980 5,059,268 (14,110,414)45,660,834 Depreciable Assets Buildings 39,455,724 360,452 -39,816,176 Improvements Other Than Buildings 122,715,705 15,006,205 (2,320,386)135,401,524 Equipment 44,063,095 5,689,395 (1,322,094)48,430,396 Total Depreciable Assets 206,234,524 21,056,052 (3,642,480)223,648,096 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 49 9. Capital Assets (Continued) Governmental Activities (Continued) Beginning Balance Increases Decreases Ending Balance Less Accumulated Depreciation Buildings $(19,935,335)$(1,172,595)$-$(21,107,930) Improvements Other Than Buildings (69,474,305)(3,848,713)2,320,386 (71,002,632) Equipment (33,666,784)(2,734,678)1,286,107 (35,115,355) Total Accumulated Depreciation (123,076,424)(7,755,986)3,606,493 (127,225,917) Total Depreciable Assets, net 83,158,100 13,300,066 (35,987)96,422,179 Governmental Activities Capital Assets, net $137,870,080 $18,359,334 $(14,146,401)$142,083,013 Business-Type Activities Beginning Balance Increases Decreases Ending Balance Non-depreciable Assets Land $5,668,824 $-$-$5,668,824 Construction in Progress 6,595,261 7,264,099 (2,931,295)10,928,065 Total Non-depreciable Assets 12,264,085 7,264,099 (2,931,295)16,596,889 Depreciable Assets Buildings 13,774,348 --13,774,348 Improvements Other Than Buildings 170,869,092 4,967,292 -175,836,384 Equipment 14,757,376 760,514 (924,885)14,593,005 Total Depreciable Assets 199,400,816 5,727,806 (924,885)204,203,737 Less Accumulated Depreciation Buildings (9,277,112)(261,167)-(9,538,279) Improvements Other Than Buildings (87,060,632)(3,157,299)-(90,217,861) Equipment (12,831,026)(489,683)903,857 (12,416,852) Total Accumulated Depreciation (109,168,770)(3,908,079)903,857 (112,172,992) Total Depreciable Assets, net 90,232,046 1,819,727 (21,028)92,030,745 Business-Type Activities Capital Assets, net $102,496,131 $9,083,826 $(2,952,323)$108,627,634 Depreciation expense for the fiscal year ended September 30, 2016,wa s charged to functions/programs of the primary government as follows: Governmental Activities General Government $592,302 Public Safety Physical Environment Parks and Recreation Internal Service Funds 1,064,842 2,448,419 1,870,747 1,779,676 Total depreciation expense -Governmental Activities $7,755,986 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 50 9. Capital Assets (Continued) Business-Type Activities Water and Sewer $3,260,502 Municipal Golf Course 168,425 Lakeview Golf Course 66,483 City Marina 9,179 Sanitation 238 Stormwater 403,252 Total depreciation expense -Business-Type Activities $3,908,079 Discretely Presented Component Unit –Delray Beach Community Redevelopment Agency (CRA) Changes in capital assets of the Delray Beach Community Redevelopment Agency are summarized as follows for the fiscal year ended September 30, 2016: Beginning Balance Increases Decreases Ending Balance Non-depreciable Assets Land and Land Improvements $30,456,081 $1,556,072 $(129,056)$31,883,097 Total Non-depreciable Assets 30,456,081 1,556,072 (129,056)31,883,097 Depreciable Assets Buildings and Improvements 3,808,566 --3,808,566 Equipment, Furniture, and Fixtures 140,221 7,348 -147,569 Total Depreciable Assets 3,948,787 7,348 -3,956,135 Less Accumulated Depreciation Buildings and Improvements (1,066,760)(130,499)-(1,197,259) Equipment, Furniture, and Fixtures (122,892)(5,551)-(128,443) Total Accumulated Depreciation (1,189,652)(136,050)-(1,325,702) Total Depreciable Assets, net 2,759,135 (128,702)-2,630,433 Capital Assets, net $33,215,216 $1,427,370 $(129,056)$34,513,530 10. Investment in Regional Plant Joint Venture In 1974, the City of Delray Beach joined with the City of Boynton Beach (Boynton Beach) to form a separate legal entity, the South Central Regional Wastewater Treatment and Disposal Board, (the “Board”). The Board, which is governed by a body composed of the commission members from each city, oversees the operation of the regional wastewater treatment and disposal plant which services both cities and surrounding areas. The interlocal agreement between the City and Boynton Beach specifies that the Board has the authority to accept and disburse funds, transact business and enter into contracts for budgeted items. In addition, the Board has the authority, subject to approval by a majority vote of each city commission before becoming effective, to adopt an annual budget,establish rates and charges for operations, maintenance, expansions and construction, enter into contracts for non-budgeted items and authorize the return of any surplus funds or levy additional charges for deficits of the Board to the respective cities. Ownership of the regional wastewater treatment and disposal plant is vested proportionately with the cities in accordance with the capital investments of each city, which to date is approximately 50% each. The Board charges each city for its share of the Board’s operating expenses based on the percentage of flow of wastewater from each city. At September 30, 2016, accounts receivable of the Water and Sewer Fund and business-type activities included $344,324 due from the Board and accounts payable of the Water and Sewer Fund and business-type activities City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 51 10. Investment in Regional Plant Joint Venture (Continued) included $441,518 due to the Board. For the year ended September 30, 2016, the City paid $3,414,300 to the Board for operating expenses, repair and replacement and capital charges. Each individual city is responsible for setting the rates and collecting charges for wastewater disposal from customers within its jurisdiction.The City accounts for its investment in the Board as a joint venture recorded on the equity method of accounting. At September 30, 2016, the City’s 50% equity interest in the net position of the Board totaled $20,354,468 and has been reported as “Investment in regional plant joint venture” in the City’s financial statements. The Board issues separate financial statements audited by other accountants. Those financial statements may be obtained from the Board at 1801 N. Congress Avenue, Delray Beach, FL 33445. Summarized financial information of the Board as of and for the year ended September 30, 2016, is as follows: Net Position Current and other assets $7,056,462 Capital assets, net 35,381,271 Total assets 42,437,733 Current liabilities 1,662,193 Noncurrent liabilities 66,603 Total liabilities 1,728,796 Net position $40,708,937 Change in Net Position Charges for services Capital grants and contributions $7,910,632 1,000,000 Total Program revenues 8,910,632 Program expenses 10,854,232 Net program expenses Investment income Miscellaneous Gain on sale of capital assets (1,943,600) 5,757 87,339 8,145 Transfers to joint venture participants (656,923) Change in net position $(2,499,282) 11. Interfund Transactions and Balances Total interfund receivables/payables and transfers were as follows as of and for the year ended September 30, 2016: Due From Other Funds Due To Other Funds Transfers In Transfers Out Major Governmental Funds General Fund $-$377,023 $3,881,390 $10,541,391 Neighborhood Services --153,242 300 Capital Improvement --3,748,611 79,560 Non-Major Governmental Funds Special Revenue Funds Developers Land Contribution ---5,620 Beautification --944,526 - Special Projects --85,180 15,812 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 52 11. Interfund Transactions and Balances (Continued) Due From Other Funds Due To Other Funds Transfers In Transfers Out Non-Major Governmental Funds (Continued) Debt Service Fund Utilities Tax $-$-$2,125,790 $1,800 Capital Projects Fund Beach Restoration --15,000 - Total Governmental Funds -377,023 10,953,739 10,644,483 Major Proprietary Funds Water and Sewer 2,631,488 -112,000 3,243,055 Stormwater -2,254,465 -416,580 Non-Major Proprietary Funds Municipal Golf Course --1,789,321 18,000 Lakeview Golf Course --1,193,403 5,000 City Marina ---52,970 Sanitation ---237,270 Internal Service Funds: Insurance ---11,105 Central Garage --580,000 - Total Proprietary Funds 2,631,488 2,254,465 3,674,724 3,983,980 Total Primary Government $2,631,488 $2,631,488 $14,628,463 $14,628,463 The outstanding balances among funds result mainly from the time lag between the dates that (1) interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting system, and (3) payments between funds are made. These balances also include the amount of working capital loans made to various funds that the General Fund expects to collect in the subsequent year. Transfers are used to (1) move revenues from the fund with collection authorization to the debt service fund as debt service principal and interest payments become due, (2) mo ve restricted amounts from borrowings to the debt service fund to establish mandatory reserve accounts, (3) move unrestricted General Fund revenues to finance various programs that the City must account for in another fund in accordance with budgetary authorizations, including amounts for capital projects and amounts provided as contributions or matching funds for beautification, community development and other grant programs. 12. Noncurrent Liabilities The changes in noncurrent liabilities of the City for the fiscal year ended September 30, 2016 were as follows: Beginning Balance Additions Reductions Ending Balance Due Within One Year Governmental Activities: Revenue bonds $46,615,000 $-$(4,333,036)$42,281,964 $1,717,280 Bond anticipation note 5,155,409 - (5,155,409) - - General obligation bonds Unamortized bond premium 16,435,000 3,169,413 - - (1,590,000) (192,086) 14,845,000 2,977,327 1,640,000 - Total bonds payable, net 71,374,822 -(11,270,531)60,104,291 3,357,280 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 53 12. Noncurrent Liabilities (Continued) Beginning Balance Additions Reductions Ending Balance Due Within One Year Governmental Activities: (Continued) Installment agreements $386,854 $-$(119,425)$267,429 $121,658 Compensated absences 6,874,265 1,050,109 (942,114) 6,982,260 825,383 Insurance claims payable 5,654,742 7,864,709 (7,552,582)5,966,869 1,643,869 Total Governmental Activities $84,290,683 $8,914,818 $(19,884,652)$73,320,849 $5,948,190 Business-Type Activities: Revenue bonds $13,754,000 $-$(2,305,964)$11,448,036 $1,892,720 Unamortized bond premium 7,371 -(7,371)-- Total bonds payable, net 13,761,371 -(2,313,335)11,448,036 1,892,720 Installment agreements -140,100 (30,661)109,439 27,233 Compensated absences 1,201,703 118,348 (241,595)1,078,456 83,784 Total Business-Type Activities $14,963,074 $258,448 $(2,585,591)$12,635,931 $2,003,737 Debt service on revenue bonds, notes and installment agreements is payable from available non-ad valorem revenues. Debt service on utility tax obligations is payable from utilities tax revenues. General obligation bonds are payable from ad valorem taxes. Compensated absences are generally liquidated by the General Fund for governmental activities and by net revenues of the applicable proprietary fund for business-type activities. Noncurrent liabilities, including current maturities,consisted of the following at September 30, 2016: Revenue Bonds and Note: Governmental Activities Business-Type Activities $10,000,000 Revenue Bonds issued February 25, 2000 (Series 2000),due in principal amounts of $580,000 to $600,000 through June 1, 2019, with semi-annual interest payments at 5.245%, due June 1 and December 1,through June 1, 2019. The bonds were issued to finance the costs of certain roadway improvements including water, sewer and drainage work, and a portion of the costs of a tri-party radio system.$ 1,248,700 $461,300 $9,685,000 Revenue Refunding and Improvement Bonds issued December 2, 2003 (Series 2003),due in principal amounts of $695,000 to $920,000 through June 1, 2019, with semi-annual interest payments at 3.66%, due June 1 and December 1, through June 1, 2019. The bonds were issued to currently refund Series 1999 and Series 2002 Tax Exempt Bonds, in whole, and Series 2002 Taxable Bonds in part.2,503,264 146,736 $2,350,000 Water and Sewer Revenue Bonds issued November 17, 2006 (Series 2006B), with principal amounts of $165,000 to $205,000 due through October 1, 2021, with semi-annual interest payments at 3.98%, due October 1 and April 1, through October 1, 2021. The bonds were issued to finance the City’s share of the Reclaimed Water Treatment Project at the South Central Regional Wastewater Treatment Facility.-1,135,000 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 54 12. Noncurrent Liabilities (Continued) Revenue Bonds and Note (Continued): Governmental Activities Business-Type Activities $5,430,000 Water and Sewer Refunding Revenue Bonds issued September 29, 2011 (Series 2011A), with principal amounts of $515,000 to $600,000 due through October 1, 2021, with semi-annual interest payments at 2.21%, due October 1 and April 1,through October 1, 2021. The bonds were issued to currently refund the Series 2006A Water and Sewer Revenue Bonds.$-$3,375,000 $8,160,000 Water and Sewer Refunding Revenue Bonds issued October 18, 2011 (Series 2011B), with principal amounts of $980,000 to $1,120,000 due through October 1, 2021, with semi-annual interest payments at 2.21%, due October 1 and April 1,through October 1, 2021. The bonds were issued to currently refund the Series 2007 Water and Sewer Revenue Bonds.-6,330,000 $39,020,000 Utilities Tax Revenue Refunding and Improvement Bonds, issued April 1, 2015 (Series 2015), due in principal amounts of $400,000 to $3,225,000 through June 1, 2035,with semi-annual interest payments at 3% to 5%, due June 1 and December 1,through June 1, 2035. The Bonds were issued to refund a portion of the Utility Tax Revenue Bonds, Series 2007;to pay a portion of the Bond Anticipation Revenue Improvement Note, Series 2013;and,to finance the costs of rebuilding Fire Station No. 3 and certain beach amenity projects.38,530,000 - Total Revenue Bonds and Note Unamortized bond premium Total Revenue Bonds and Note, Net 42,281,964 2,977,327 45,259,291 11,448,036 - 11,448,036 General Obligation Bonds: $10,000,000 General Obligation Bonds issued August 26, 2005 (Series 2005), due in annual principal installments of $720,000 to $1,135,000 starting February 1, 2014 through February 1, 2024, with semi-annual interest payments at 4.15%, due February 1 and August 1,through February 1, 2024. The bonds were issued for the acquisition of land, equipping of new parks, recreation centers, parking garage and library. 7,745,000 - $8,810,000 General Obligation Bonds issued November 21, 2013 (Series 2013), due in annual principal installments of $785,000 to $960,000 starting February 1, 2014 through February 1, 2024, with semi-annual interest payments at 2.17%, due February 1 and August 1,through February 1, 2024. The bonds were issued for the purpose of defeasing the Series 2004 GO Bonds which were used for the acquisition of land, equipping of new parks and recreation centers.7,100,000 - Total General Obligation Bonds 14,845,000 - City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 55 12. Noncurrent Liabilities (Continued) Other Noncurrent Liabilities: Governmental Activities Business-Type Activities Installment agreements for equipment, 2.74% to 2.85% interest,maturing in 2019 $267,429 $109,439 Compensated absences payable 6,982,260 1,078,456 Insurance claims payable (see Note 15)5,966,869 - Total Noncurrent Liabilities, including current portion $73,320,849 $12,635,931 Governmental Activities The provisions of the various bond resolutions differ in some respects, but generally provide for: 1. Establishment and maintenance of certain cash reserves for the revenue bonds. The maximum deposit requirement is usually set at the highest future annual principal and interest payment. In lieu of establishing the reserve, the City has purchased surety bonds for this amount. 2. Annual debt service funding by monthly transfers to a cash reserve account for the revenue bonds. 3. Early redemption of outstanding bonds at call rates varying between 101% and 103% of the instrument’s face value, depending on the bonds and call date. 4. Investing of cash reserves in time deposits or direct obligations of the U.S. Government. The installment agreements financed the purchase of equipment. At September 30, 2016, the amount of the equipment held under these agreements was $965,100 and the accumulated amortization wa s approximately $562,600. Amortization expense related to equipment purchased under the installment agreement is included in depreciation in the accompanying financial statements.The agreement calls for termination of the agreement and forfeiture of the equipment in the event the payments are not budgeted or made. Future payments through maturity for the governmental activities installment agreement as of September 30, 2016,are as follows: Fiscal year ending September 30: 2017 2018 2019 2020 $156,191 156,191 52,361 25,356 Total minimum payments 390,099 Less amount representing interest (13,231) Outstanding balance at September 30, 2016 $376,868 Pledged Governmental Revenues: The City has pledged the future utilities service tax revenues of the City to repay the outstanding Utility Tax Revenue Bonds,Series 2015 issued to finance various capital improvements and repay outstanding debt.The utility tax bonds are payable solely from the utilities service tax revenues received by the City and are payable through 2035. Annual principal and interest payments on the bonds are expected to require less than 30 percent of utilities service tax revenues. Total principal and interest remaining to be paid on the utility tax revenue bonds,which is allocated to governmental activities/funds at September 30, 2016,is $53,866,700. Principal and interest paid during the current year was $490,000 and $1,565,900, respectively. The City has also pledged the future non ad-valorem revenues of the City to repay the outstanding Series 2000 Revenue Bonds and the Series 2003 Revenue Refunding and Improvement Bonds issued to finance various capital improvements. The revenue bonds and note are payable solely from the non ad-valorem revenues received by the City and are payable through 2019. Annual principal and interest payments on the bonds are expected to require less than 5 percent of non ad-valorem revenues. Total principal and interest remaining to be paid on the Series 2000 and 2003 bonds,which is allocated to both the governmental activities/funds and business-type activities/funds at City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 56 12. Noncurrent Liabilities (Continued) Governmental Activities (Continued) September 30, 2016,is $4,739,014.Non-ad valorem revenues received for the current year were approximately $60.0 million.Principal and interest paid for the current year was $1,860,000 and $207,307, respectively. Debt Extinguishment: On November 21, 2013, the City issued $8,810,000 of General Obligation Refunding Bonds, Series 2013, to advance refund the outstanding balance of the $14,000,000 General Obligation Bonds, Series 2004. The net proceeds of $8,767,970 were deposited in an irrevocable trust with an escrow agent to provide for all future payments on the Series 2004 Bonds. Accordingly, the Series 2004 Bonds were considered defeased and the liability for the outstanding bonds of $8,595,000 at September 30, 2014 was removed from the City’s financial statements. The refunding reduced the City’s debt service payments by $908,228 and resulted in an economic gain of $811,110. The difference between the reacquisition price and net carrying amount of the Series 2004 Bonds of $137,520 was reported as deferred outflow of resources on the statement of net position and amortized to operations over 10 years. On April 1, 2015, the City issued $39,020,000 of Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015, to advance refund $24,330,000 of the outstanding balance of the Utility Tax Revenue Bonds, Series 2007. A portion of the Bonds were not defeased and a principal balance of $70,000 was paid on October 1, 2016.Net proceeds of $26,555,031 were deposited in an irrevocable trust with an escrow agent to provide for all future payments on the Series 2007 Bonds. Accordingly, the Series 2007 Bonds were considered defeased and the liability for the outstanding bonds of $24,330,000 at September 30, 2015 was removed from the City’s financial statements. The refunding reduced the City’s debt service payments by $3,190,280 and resulted in an economic gain of $2,502,129. The difference between the reacquisition price and net carrying amount of the Series 2007 Bonds of $2,101,067 was reported as deferred outflow of resources on the statement of net position and amortized to operations over 17 years. Legal Debt Margin: The City has no legal debt margin limit but has established policy guidelines for the management of debt. The City strives to maintain gross, bonded general obligation principal debt at a level not to exceed 2% of the assessed value of taxable property within the City. The City also strives to ensure that its net bonded debt per capita does not exceed $700 and that the combined total of its direct net bonded debt and its share of overlapping debt issued by Palm Beach County does not exceed $2,000 per capita. Interest Expense: Total interest costs incurred and paid on governmental activities debt for the year ended September 30, 2016 were $2,229,468 and $2,350,249, respectively, all of which was expensed. Debt Maturities: The annual requirements to pay principal and interest to maturity on the governmental activities bonds outstanding are as follows as of September 30, 2016: Fiscal Year Ending September 30 Revenue Bonds and Note General Obligation Bonds Principal Interest Principal Interest Total 2017 $1,717,280 $1,698,020 $1,640,000 $449,576 $5,504,876 2018 1,790,000 1,622,108 1,700,000 396,705 5,508,813 2019 1,879,684 1,542,766 1,750,000 341,898 5,514,348 2020 1,975,000 1,459,650 1,820,000 284,997 5,539,647 2021 2,065,000 1,360,900 1,880,000 225,795 5,531,695 2022-2026 12,015,000 5,154,250 6,055,000 298,801 23,514,051 2027-2031 14,735,000 2,422,563 --17,157,563 2032-2035 6,105,000 403,388 --6,508,388 Total $42,281,964 $15,654,645 $14,845,000 $1,997,772 $74,779,381 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 57 12. Noncurrent Liabilities (Continued) Business-Type Activities The provisions of the bond resolutions for the debt of the Water and Sewer Fund, Stormwater Fund,Municipal Golf Course Fund and Lakeview Golf Course Fund differ in some respects, but generally provide for: 1.Annual debt service funding by monthly transfers of cash to a reserve account. 2.Maintenance of a renewal and replacement cash reserve set at 5% of the previous year’s gross revenue. 3.Establishment of certain cash reserves for the Water and Sewer and Utility Tax Revenue Bonds. The maximum deposit required is usually set at the highest future annual principal and interest payment. The City purchased sureties equal to the requirements. 4.Early redemption of outstanding bonds at call rates ranging from 101% to 102% of the instrument’s face value depending on the bonds and call date. Bonds are subject to a penalty for early redemption. 5.Investing cash reserves in time deposits, direct obligations of the U.S. Government and other authorized investments with varying maturity restrictions. 6.The use of cash is generally restricted to the following priority: operation and maintenance, debt service, reserves, renewal and replacement, and any other lawful purpose. Pledged Utility Revenues: The City has pledged the future net revenues (generally customer revenues, net of operating expenses other than depreciation) of the water and sewer utility to repay the outstanding wa ter and sewer revenue bonds issued from 2006 through 2011 to finance improvements to the system. The water and sewer revenue bonds are payable solely from the utility net revenues and are payable through 2022. Annual principal and interest payments on the bonds are expected to require less than 25 percent of utility net revenues. Total principal and interest remaining to be paid on the water and sewer utility revenue bonds is $12,307,808.Principal and interest paid and utility net revenues for the current year were $2,057,854 and $13,709,028, respectively. Debt Extinguishment: On October 18, 2011, the City issued $8,160,000 of Water and Sewer Refunding Revenue Bonds, Series 2011B, the proceeds of which, together with $47,056 from the City’s debt service accounts, was deposited with an escrow agent to currently refund the outstanding balance of the $9,000,000 Water and Sewer Revenue Bonds, Series 2007. Accordingly, the Series 2007 Bonds were fully paid at September 30, 2012. The refunding reduced the City’s debt service payments by $1,290,485 and resulted in an economic gain of $1,105,443. There was no accounting gain or loss on the refunding. Debt Maturities: The annual requirements to pay principal and interest to maturity on the business-type activities bonds outstanding as of September 30, 2016,are as follows: Fiscal Year Ending September 30 Revenue Bonds Principal Interest Total 2017 $1,892,720 $269,399 $2,162,119 2018 1,945,000 218,775 2,163,775 2019 1,985,316 166,699 2,152,015 2020 1,820,000 113,097 1,933,097 2021 1,880,000 68,716 1,948,716 2022 1,925,000 23,086 1,948,086 Total $11,448,036 $859,772 $12,307,808 Interest Expense: Total interest costs incurred and paid on business-type activities debt for the year ended September 30, 2016,were $338,283 and $342,172, respectively, all of which was expensed. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 58 12. Noncurrent Liabilities (Continued) Business-Type Activities (Continued) Segment Information: A portion of the City’s Series 2002 and Series 2007 Utility Tax Revenue Bonds, Series 2000 Revenue Bonds and Series 2003 Revenue Refunding and Improvement Bonds, were used to finance improvements to the City’s stormwater utility and two golf courses. The Series 2002 and 2007 Utility Tax Revenue Bonds were paid in full in fiscal year 2016. The City’s stormwater utility and golf courses are accounted for in three separate enterprise funds; however, the revenue streams of those funds are not specifically pledged for the repayment of those bonds, which are secured by the City’s utility tax revenues and non-ad valorem revenues. Accordingly, segment information is not required or presented for the operations of the stormwater utility and golf courses. Discretely Presented Component Unit -Delray Beach Community Redevelopment Agency Changes in the noncurrent liabilities of the Delray Beach Community Redevelopment Agency (CRA) for the year ended September 30, 2016,were as follows: Beginning Balance Additions Reductions Ending Balance Due Within One Year Governmental Activities: Revenue bonds $7,289,225 $ 100,000 $(1,250,000)$ 6,139,225 $1,090,000 Loans Payable to the City 4,121,520 -(601,572)3,519,948 608,776 Total Noncurrent Liabilities $11,410,745 $ 100,000 $(1,851,572)$9,659,173 $1,698,776 The CRA’s outstanding revenue bonds at September 30, 2016,consist of the following: 4.80% Delray Beach Community Redevelopment Agency Tax Increment Redevelopment Revenue Bond (Series 1999A), maturity date September 1, 2019.$885,000 4.2982% Delray Beach Community Redevelopment Agency Tax Increment Redevelopment Revenue Bond (Series 2004A Tax Exempt), maturity date September 1, 2019.2,535,000 2.10% Delray Beach Community Redevelopment Agency Tax Increment Redevelopment Bond (Series 2012), issued as a draw-down bond to a financial institution with a maximum aggregate principal amount of $4,000,000 available through October 1, 2018. Principal will be payable in equal installments on April 1st and October 1st, commencing the first April 1st or October 1st after the final draw date.2,669,225 2.78% Delray Beach Community Redevelopment Agency Tax Increment Redevelopment Bond (Series 2015), issued as a draw-down bond to a financial institution with a maximum aggregate principal amount of $2,000,000 available through January 29, 2019. Principal will be payable in equal installments on April 1st and October 1st, commencing the first April 1st or October 1st after the final draw date.50,000 Total Revenue Bonds $6,139,225 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 59 12. Noncurrent Liabilities (Continued) Discretely Presented Component Unit -Delray Beach Community Redevelopment Agency (Continued) Loans Payable to the City of Delray Beach: The outstanding loans payable to the City by the CRA at September 30, 2016, consisted of the following (see Note 5 –Component Unit Notes Receivable): US Highway 1 Improvements: The CRA entered into an interlocal agreement with the City in October 2011 to provide a portion of the funding for US Highway 1 Improvements by the City. The agreement was subsequently amended in January 2013 based on a final project cost of approximately $14.0 million, of which the CRA agreed to fund $3,614,190, plus financing costs.The City initially financed the project with a line of credit and plans to obtain permanent financing after the project is completed. The CRA agreed to pay the City interest only on the CRA share of the amount financed by the City through May 31, 2014. Thereafter, the CRA paid the City an amount equal to the principal and interest on the CRA’s share of the funding for a period of twelve years. Principal on the loan is payable by the CRA annually on June 1st in amounts ranging from $250,000 to $374,190. Interest is payable semi-annually on June 1st and December 1st at 3.25% on the outstanding principal balance which was $2,891,352 at September 30, 2016. Library Property Acquisition: In connection with the planned redevelopment by the CRA of the former site of the Delray Beach Public Library, the CRA entered into a triparty interlocal agreement in March 2013, with the City and the Chamber to relocate the Chamber’s offices and purchase the City’s reversionary rights in the property. The CRA agreed to purchase the City’s property rights for a total of $2,270,870, payable to the City in equal annual installments of $266,215, including interest at 3.0%, commencing March 8, 2014. During 2015, the CRA made an additional principal payment on this loan in the amount of $1 million. The outstanding balance on the loan was $628,596 at September 30, 2016. In the event the CRA sells or conveys any portion of the property during the term of the loan, the CRA agreed to pay the City a lump sum principal payment on the loan equal to 50% of the sales proceeds received by the CRA, in addition to the annual installment payments due on the loan, but not in excess of the total loan amount. In addition, the CRA granted a reservation of rights to the City to maintain 50 public parking spaces on the property in perpetuity. The annual debt service requirements on the loans payable to the City are summarized as follows: Fiscal Year Ending September 30,Principal Interest Total 2017 2018 2019 2020 2021 $608,776 616,197 487,880 361,419 361,419 $77,588 70,167 62,524 58,730 58,730 $668,364 686,364 550,404 420,149 420,149 2022-2025 1,084,257 $3,519,948 176,190 $503,929 1,260,447 $4,023,877 Annual Debt Service: The aggregate, annual debt service requirements at September 30, 2016, for the CRA’s outstanding noncurrent liabilities with scheduled maturities (excluding the Series 2012 and 2015 Bonds on which the principal repayment schedule will not be determined until after the final draw date), are as follows: City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 60 12. Noncurrent Liabilities (Continued) Discretely Presented Component Unit -Delray Beach Community Redevelopment Agency (Continued) Fiscal Year Ending September 30,Principal Interest Total 2017 2018 2019 2020 2021 $1,698,776 1,756,197 1,677,880 361,419 361,419 $229,028 173,351 115,228 58,730 58,730 $1,927,804 1,929,548 1,793,108 420,149 420,149 2022-2025 1,084,257 $6,939,948 176,190 $811,257 1,260,447 $7,751,205 Interest Expense: Total interest costs incurred and paid on all CRA debt for the year ended September 30, 2016, were $343,483and $350,943, respectively. All interest costs were expensed as a direct expense of redevelopment projects. Pledged Revenues: The CRA has pledged a portion of its future tax increment revenues to repay the outstanding revenue bonds issued in 1999, 2004, 2012 and 2015 to finance various redevelopment projects. The revenue bonds are payable solely from the tax increment revenues generated by increased property values in the redevelopment district. Tax increment revenues were projected to produce more than 650 percent of the debt service requirements over the life of the revenue bonds. Total principal and interest remaining on the bonds at September 30, 2016, was $6,504,337, payable through September 1, 2019. For the current year, principal and interest paid and the total tax increment revenues were $1,459,744 and $14,735,740, respectively. 13. Employee Retirement Plans Description of the Plans The City contributes to two single-employer defined benefit pension plans covering substantially all full-time City employees. The General Employees’ Pension Plan is for employees who have completed one year of credited service,excluding the City Commission, City Manager (and assistants), City Attorney (and assistants) and department heads if they elect not to participate,and firefighters and police officers covered under the Police and Firefighters’Retirement System Fund. The Police and Firefighters’Retirement System covers all non-civilian police and fire employees. Each plan is administered by an independent Board of Trustees and is accounted for by the City as a separate fund. The costs of administering the plans are financed by the plans’ respective investment earnings. An actuarial report is prepared annually for each plan. General Employees’Pension Plan -The benefit provisions and all other requirements of the General Employees’ Pension Plan are established by City Ordinance and are summarized as follows: The City’s Code of Ordinances provides, in general, that funds are to be accumulated from employee contributions, City contributions and income from investment of accumulated funds. The operations of the fund are administered and managed by the General Employees’ Pension Fund Board of Trustees, which consists of a chairperson and four additional members; all of whom are appointed by the City Commission. Vesting -Benefits vest 50% after five years of service plus 10% each additional year. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 61 13. Employee Retirement Plans (Continued) Description of the Plans (Continued) Eligibility for Retirement -Ordinance No. 33-10 effective October 5, 2010,changed the normal retirement eligibility from the earlier of age 60 with ten years of service or 30 years of service regardless of age to the earlier of age 62 with ten years of service or 30 years of service regardless of age.This change does not apply to members who were within ten years of normal retirement eligibility as of October 5, 2010.Normal retirement eligibility for members hired after October 5, 2010,is age 65 with ten years of service. Annual Retirement Benefit -2.5% of the average monthly compensation times years of service with a maximum benefit of 75%of average monthly compensation.Effective October 5, 2010, the normal form of benefit changed from a 60% joint and survivor annuity to a life annuity.This change did not apply to members who were within ten years of normal retirement eligibility as of October 5, 2010.Effective July 2005,participants had the option of a 3% multiplier with a maximum benefit of 90%. Employees selecting this option will contribute an additional 3.45% of earnings. There wa s also the option to purchase all or a portion of prior service at the increased multiplier. Deferred Retirement Option Plan (DROP)-Employees with 10 years of credited service and eligible for normal retirement have the option of entering DROP. When entering DROP, the employee continues employment with the City,but will cease accruing a pension benefit,and the mo nthly benefit under the plan as of the election date will be directed to the employee’s self-administered 401(a) Plan. After a maximum of 60 months, the employee must terminate employment with the City.The balance of amounts held pursuant to DROP was $5,666,180 at September 30, 2016. Other Benefits -The system also provides for optional retirement benefits, early retirement, extended retirement, disability retirement and death benefits. Employee Contributions -Ordinance No. 33-10 effective October 5, 2010, changed the contribution amount from 2.5% of the employee's base annual compensation to 3.05%.If the employee chooses the 3% multiplier, there is an additional contribution of 3.45% for a total of 6.5%. If an employee leaves covered employment or dies before five years of credited service, accumulated employee contributions are refunded to the employee or the designated beneficiary. City Contributions -City contributions are based upon actuarially determined amounts, which together with earnings and employee contributions, are sufficient to fund the plan. Police and Firefighters’Retirement System -The benefit provisions and all other requirements of the Police and Firefighters’Retirement System are established by City Ordinance and are summarized as follows: The City’s Code of Ordinances provides, in general, that funds are to be accumulated from employee contributions, City contributions, state appropriations and income from investment of accumulated funds. Florida Statutes provide that, should the accumulated funds at any time be insufficient to meet and pay the benefits due, the City shall supplement the fund by an appropriation from current funds, or from any revenues which may lawfully be used for said purposes in an amount sufficient to make up the deficiency. The operations of the System are administered and managed by the Police and Firefighters’ Retirement System Board of Trustees, consisting of two outside members appointed by the City Commission, the police/fire chief(s)or their designees, two members of each department elected by the membership and the Mayor of the City or the Mayor’s designee. Vesting -Benefits fully vest after 10 years of service. Eligibility for Normal Retirement -Normal retirement eligibility is the earlier of age 55 and 10 years of service or upon completion of 20 years of service regardless of age. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 62 13. Employee Retirement Plans (Continued) Description of the Plans (Continued) Annual Retirement Benefit -Normal retirement benefits are based upon 2.5% of average monthly earnings times years of service up to 20 years and 3% of average monthly earnings times years of service in excess of 20 years, with a maximum benefit of 75% of average monthly compensation. Employees who were actively employed as of March 15, 2004 may elect a normal retirement benefit using a 3.5% multiplier for each year of service once 20 years of service is attained with a maximum benefit of 87.5%of average monthly compensation. Employees selecting this option will contribute an additional 3% of earnings. The normal retirement benefit is payable over the remaining life of the member, and upon death 100% of the benefit is payable to the spouse for one year and 60% thereafter until death or remarriage.After adoption of Ordinance No. 17-16, effective for the September 30, 2016 measurement date, Firefighters without the enhanced multiplier have a 3% multiplier and a maximum benefit of $100,000, increased 2% per year. Deferred Retirement Option Plan (“DROP”)-Employees with 20 years of credited service have the option of entering the DROP plan. When entering the DROP plan, the employee will not terminate employment with the City, but will cease accruing a pension benefit under the plan, and the mo nthly benefit as of the election date will be directed to the employee’s self-administered 401(a) plan. After a maximum of 60 months, the employee must terminate employment with the City.The balance of amounts held pursuant to DROP was $19,357,678 at September 30, 2016. Other Benefits -The plan also provides for disability retirement and death benefits. Employee Contributions -Ordinance 42-11 effective October 4, 2011,increased the contribution amount for police officers to 6% of annual compensation.Ordinance No. 15-11 effective May 3, 2011,changed the contribution amount for firefighters to 6% of annual compensation.Members who select a 3.5%multiplier will contribute 9%.After adoption of Ordinance No. 17-16, Firefighters will contribute 9% of earnings.If an employee leaves covered employment prior to vesting, contributions are refunded to the employee with interest. State of Florida Contributions -Pursuant to Chapters 175 and 185 of the Florida Statutes, a premium tax on certain casualty insurance contracts written on properties within the City is collected by the State and remitted to the City annually for the Police and Firefighters’Retirement System Fund.After adoption of Ordinance No. 17-16,all 185 tax mo nies up to $606,595 and all 175 monies in excess of $1,206,994 will be will be used to offset the City’s pension contribution for Police Officers and Firefighters, respectively. After adoption of Ordinance No. 17-16,the accumulated excess 185 monies totaling approximately $2.4 million were used to pay down the unfunded actuarial accrued liability for Police officers. City Contributions -City contributions are based upon actuarially determined amounts which, together with earnings, employee and State contributions, are sufficient to fund the plan. Membership Membership data of the City’s pension plans as of October 1, 2015, the date of the most recent actuarial valuations, is summarized as follows: General Employees’ Pension Plan Police and Firefighters’ Retirement System Retirees and beneficiaries receiving benefits 309 246 Terminated employees entitled to benefits but not receiving them 64 21 Active members 329 248 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 63 13. Employee Retirement Plans (Continued) Summary of Significant Accounting Policies The financial statements of each Plan are prepared using the economic resources measurement focus and the accrual basis of accounting. Employee and employer contributions are recognized in the period in which employee services are performed. Benefits and refunds are recognized when due and payable in accordance with the terms of the Plan. Other expenses are recognized when the corresponding liabilities are incurred. Investment income is recognized as revenue when earned. Investments are reported at fair value and are managed by third party money managers. The City’s independent custodians and money managers determine the fair value of securities, which is generally based upon quoted prices on a national or international stock exchange or for securities not listed, the mean of the most recent bid and ask prices of each instrument using various third party pricing sources. The net appreciation/ (depreciation) in fair value of investments is recorded as an increase/(decrease) to investment income based on the valuation of investments. Investment earnings are reduced for investment related expenses, such as management fees, portfolio evaluation and custodial services. Investments Investment Policy: The policy in regard to the allocation of invested assets is established and may be amended by a majority vote of the Board of each pension plan. It is the policy of each pension plan Board to pursue an investment strategy that reduces risk through the prudent diversification of the investment portfolio across a broad selection of distinct asset classes. The investment policy of each pension plan discourages the use of cash equivalents, except for liquidity purposes, and aims to refrain from dramatically shifting asset class allocations over short time spans. The asset allocation policy adopted by each pension plans’ Board at September 30, 2016 was as follows: General Employees’ Pension Plan Police and Firefighters’ Retirement System Asset Class Fixed income Domestic equity International equity Real estate Alternatives 32.5% 55.0 5.0 - 7.5 27.5% 42.5 15.0 10.0 5.0 Total 100.0%100.0% Rate of Return: The annual money-weighted rate of return on pension investments, net of pension investment expense, for the General Employees’ Pension Plan and the Police and Firefighters’ Retirement System, was 10.30% and 8.86%, respectively. The money-weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts invested. Net Pension Liability The components of the net pension liability for the City’s pension plans as of September 30, 2016, the measurement date for both plans, were as follows: City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 64 13. Employee Retirement Plans (Continued) Net Pension Liability (Continued) General Employees’ Pension Plan Police and Firefighters’ Retirement System Total pension liability $116,887,238 $251,876,403 Plan fiduciary net position 114,839,850 167,594,006 Net pension liability $2,047,388 $84,282,397 Plan fiduciary net position as a percentage of the total pension liability 98.2%66.5% Actuarial Assumptions: The total pension liability for the City’s pension plans was determined by actuarial valuations as of October 1, 2015, based on the following actuarial assumptions: General Employees’ Pension Plan Police and Firefighters’ Retirement System Measurement date September 30, 2016 September 30, 2016 Actuarial cost method Entry Age Normal Entry Age Normal Post-retirement benefit increases None Annual increase of 1% plus available State revenue Amortization method Level Dollar –Closed Level Percent of Payroll –Closed Remaining amortization period 25 years 29 years Asset valuation method 5 year Smoothed Market 4 year Smoothed Market Actuarial assumptions: Investment rate of return*7.25%8.00% Projected salary increases*4.4%-7.2% based on service 5.00% -6.25% Cost of living increases Mortality None RP-2000 Combined Healthy Participant using Scale AA 1.00%/ Year RP-2000 Generational, Female -100% White Collar, Male -10% White Collar / 90% Blue Collar,Scale BB * Includes inflation rate 3.00%2.50% The long-term expected rate of return on investments of the pension plans was determined using a building block method in which best estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expenses and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Best estimates of arithmetic real rates of return for each major asset class included in the pension plans’ target allocation as of September 30, 2016 (see the discussion of each pension plan’s investment policy) are summarized in the following table: City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 65 13. Employee Retirement Plans (Continued) Net Pension Liability (Continued) Long-Term Expected Rate of Return General Employees’ Pension Plan Police and Firefighters’ Retirement System Asset Class Fixed income Domestic equity International equity Real estate Alternatives 2.5% 7.5 8.5 - 7.5 5.0% 7.5 8.5 4.5 2.5 Discount Rate: The discount rates used to measure the total pension liability of the General Employees’Pension Plan and the Police and Firefighters’ Retirement System were 7.25% and 8.0%, respectively. The discount rate wa s based on the expected rate of return on investments of each pension plan. The projection of cash flows used to determine the discount rate assumed that plan member contributions will be made at the current contribution rates and that City contributions will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on those assumptions, the pension plans’ fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on investments of the pension plans was applied to all periods of projected benefit payments to determine the projected total pension liability. Changes in the Net Pension Liability The changes in the net pension liability of the General Employees’Pension Plan and the Police and Firefighters’ Retirement System were as follows for the year ended September 30, 2016: Increase (Decrease) General Employees’ Pension Plan Total Pension Liability Plan Fiduciary Net Position Net Pension Liability Balances at October 1, 2015 Changes for the Current Year Service cost Interest Changes in benefit terms Difference between actual and expected experience Contributions –City Contributions –Employee Net investment income Benefit payments, including refunds of employee contributions Administrative expenses $113,643,393 2,192,881 8,161,229 522,720 (1,097,920) - - - (6,535,065) - $107,786,586 - - - - 2,046,827 618,705 11,005,133 (6,535,065) (82,336) $5,856,807 2,192,881 8,161,229 522,720 (1,097,920) (2,046,827) (618,705) (11,005,133) - 82,336 Net Changes 3,243,845 7,053,264 (3,809,419) Balances at September 30, 2016 $116,887,238 $114,839,850 $2,047,388 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 66 13. Employee Retirement Plans (Continued) Changes in the Net Pension Liability (Continued) Increase (Decrease) Police and Firefighters’ Retirement System Total Pension Liability Plan Fiduciary Net Position Net Pension Liability Balances at October 1, 2015 Changes for the Current Year Service cost Interest Changes in excess State contributions Difference between actual and expected experience Change in assumptions Changes of benefit terms Contributions –City Contributions –State of Florida Contributions –Employee Net investment income Benefit payments, including refunds of employee contributions Administrative expenses $238,707,736 4,161,533 16,394,667 (1,741,230) 1,568,118 7,407,717 (1,121,765) - - 32,218 - (13,532,591) - $153,260,618 - - - - - - 10,789,457 1,909,358 1,806,021 13,606,364 (13,532,591) (245,221) $85,447,118 4,161,533 16,394,667 (1,741,230) 1,568,118 7,407,717 (1,121,765) (10,789,457) (1,909,358) (1,773,803) (13,606,364) - 245,221 Net Changes 13,168,667 14,333,338 (1,164,721) Balances at September 30, 2016 $251,876,403 $167,594,006 $84,282,397 Sensitivity of the Net Pension Liability to Changes in the Discount Rate: The following table presents the net pension liability of the General Employees’Pension Plan and the Police and Firefighters’ Retirement System, calculated using the current discount rates of 7.25% and 8.0%, respectively, as well as what the net pension liability (asset) would be if it were calculated using a discount rate that is one percentage point lower or one percentage point higher than the current rate: General Employees’ Pension Plan Police and Firefighters’ Retirement System One percentage point lower than current discount rate $15,232,926 $114,304,688 Current discount rate 2,047,388 84,282,397 One percentage point higher than current discount rate (9,121,733)59,518,759 Pension Expense and Deferred Inflows/Outflows of Resources Related to Pensions For the year ended September 30,2016,the City recognized pension expense of $3,544,293 and $9,405,832 for the General Employees’Pension Plan and the Police and Firefighters’ Retirement System, respectively. At September 30,2016,the City repor ted deferred inflows/outflows of resources related to the General Employees’Pension Plan and the Police and Firefighters’ Retirement System from the following sources: City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 67 13. Employee Retirement Plans (Continued) Pension Expense and Deferred Inflows/Outflows of Resources Related to Pensions (Continued) General Employees’ Pension Plan Deferred Inflows Deferred Outflows Differences between expected and actual experience Net difference between projected and actual investment earnings on pension plan investments $823,440 - $720,648 1,799,265 Total $823,440 $2,519,913 Police and Firefighters’ Retirement System Differences between expected and actual experience Change in assumptions Net difference between projected and actual investment earnings on pension plan investments $926,892 - - $1,254,495 5,926,173 7,589,597 Total $926,892 $14,770,265 Amounts repor ted as deferred inflows/outflows of resources related to pensions will be recognized in pension expense as follows: Year Ending September 30, General Employees’ Pension Plan Police and Firefighters’ Retirement System 2017 2018 2019 2020 $ 875,100 875,100 613,046 (666,773) $ 4,103,831 4,103,831 4,103,831 1,531,880 Pension Plans Fiduciary Net Position The financial statements for the General Employees’Pension Fund and Police and Firefighters’ Retirement System Fund as of and for the year ended September 30, 2016,are as follows: City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 68 13. Employee Retirement Plans (Continued) Pension Plans Fiduciary Net Position (Continued) Statements of Fiduciary Net Position General Employees’ Pension Plan Police and Firefighters’ Retirement System ASSETS Cash and cash equivalents Investments U.S. Government securities U.S. Government Agency securities Mortgage and asset-backed securities Municipal obligations International fixed income investment fund Domestic and international corporate bonds Domestic equity securities Domestic and international equity investment funds Timber investment funds Alternative investments Interest and dividends receivable Due from broker for securities sold Employee contributions receivable Prepaid expenses $1,455,025 6,067,918 - 4,096,213 1,302,464 - 11,506,204 24,079,271 - - 66,134,229 259,890 208,734 - 109,624 $4,054,294 3,592,276 8,582,194 - 255,715 7,523,100 18,281,067 60,757,309 39,057,659 6,014,227 18,729,060 547,170 104,999 65,687 233,825 Total assets 115,219,572 167,798,582 LIABILITIES Accounts payable 42,703 135,959 Due to broker for securities purchased 337,019 68,617 Total liabilities 379,722 204,576 FIDUCIARY NET POSITION restricted for pension benefits $114,839,850 $167,594,006 Statements of Changes in Fiduciary Net Position General Employees’ Pension Plan Police and Firefighters’ Retirement System ADDITIONS Contributions: Employer $2,046,827 $10,789,457 State -1,909,358 Plan members 618,705 1,806,021 Total contributions 2,665,532 14,504,836 Investment earnings Net appreciation in fair value of investments 9,095,495 10,872,656 Interest and dividends 2,148,536 3,249,452 11,244,031 14,122,108 Less investment expenses -custodian fees 257,756 666,391 Net investment earnings Other income 10,986,275 18,858 13,455,717 150,647 Total additions 13,670,665 28,111,200 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 69 13. Employee Retirement Plans (Continued) Pension Plans Fiduciary Net Position (Continued) Statements of Change in Fiduciary Net Position (Continued) General Employees’ Pension Plan Police and Firefighters’ Retirement System DEDUCTIONS Benefits Refunds of contributions Administrative expenses $6,468,203 66,862 82,336 $13,413,830 118,761 245,221 Total deductions 6,617,401 13,777,812 Change in fiduciary net position 7,053,264 14,333,388 Fiduciary net position restricted for pension benefits at October 1, 2015 107,786,586 153,260,618 Fiduciary net position restricted for pension benefits at September 30, 2016 $114,839,850 $167,594,006 The Police and Firefighters’ Retirement System Fund issues a publicly available financial report that includes financial statements and required supplementary information. That report is not posted on the internet, but may be obtained by writing to the City of Delray Beach, 100 NW 1st Avenue, Delray Beach, FL 33444 or by calling (561) 243-7012. The General Employees’Pension Fund does not issue a publicly available financial report. Payables to the Pension Plans There were no amounts payable to the General Employees’Pension Plan or the Police and Firefighters’ Retirement System by the City at September 30, 2016. For employees not covered by one of the City’s pension plans, the City contributed 9.5% of base salary to an ICMA 457 Deferred Compensation Plan up to allowable limits. In 1996 the City instituted a 401(a) plan for department heads with a 3% match (Resolution 17-97). In 2000, this program was opened to certain eligible management and key employees to contribute up to 3% of their base salary to the ICMA Deferred Compensation Plan or 3% of their base salary to the ICMA 401(a) Plan with the City matching the contribution (Administrative Policy EB-15). Employees who were eligible to participate in the 401(a) Plan could exceed the 3% contribution with after tax dollars. All contributions are in accordance with Internal Revenue Service regulations. The 401(a) pension plan is a separate defined contribution pension plan with participant directed investment accounts, over which the City has no fiduciary control and the plan is not considered part of the City’s financial reporting entity. Activity in the 401(a) Plan for the year ended September 30, 2016,is summarized as follows: Balance at October 1, 2015 $845,414 Employer contributions 37,443 Employee contributions 37,443 Investment gain (loss)76,284 Distributions (65,514) Balance at September 30, 2016 $931,070 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 70 13. Employee Retirement Plans (Continued) Other Employee Benefit Plans The City has also implemented a VantageCare Retirement Health Savings Plan (the “VantageCare Plan”) effective August 2002,which allows employees in the calendar year prior to retirement, to make an election to deposit tax free part or all of their accumulated sick and vacation pay into the Plan. The Plan provides for tax free withdrawals if the funds are used for qualified medical expenses. In March 2007, the City was notified by ICMA, the administrator of the VantageCare Plan,that voluntary contributions were no longer allowed, except that employees in the plan prior to December 31, 2006 were allowed to contribute until December 31, 2007.The VantageCare Plan is a separate plan with participant directed investment accounts, over which the City has no fiduciary control and the plan is not considered part of the City’s financial reporting entity. Activity in the VantageCare Plan for the year ended September 30, 2016, is summarized as follows: Balance at October 1, 2015 $457,850 Net investment earnings 41,958 Service fees (1,928) Distributions (10,613) Balance at September 30, 2016 $487,267 14.Other Postemployment Benefits (OPEB) Description of the Plans The City administers two other postemployment benefit (OPEB) plans as follows: OPEB Plan -The City administers a single-employer defined benefit plan (the “OPEB Plan”) that provides medical and life insurance benefits to eligible retired employees and their beneficiaries. The City Commission has the authority to establish and amend premiums for and the benefit provisions of the OPEB Plan. The OPEB Plan is financed on a “pay-as-you-go”basis and is not administered as a formal qualifying trust. The OPEB Plan does not issue a publicly available financial report. Florida Statute 112.0801 requires the City to allow retirees to buy healthcare coverage at the same group insurance rates that current employees are charged resulting in an implicit healthcare benefit. The State of Florida prohibits the OPEB Plan from separately rating retirees and active employees. Therefore, both groups (active and retired) are charged an equal, blended rate premium. Although both groups are charged the same blended rate premium, GAAP requires actuarial calculations of OPEB liabilities using age adjusted premiums approximating claim costs for retirees separate from active employees. The use of age adjusted premiums results in the addition of an implicit rate subsidy into the actuarial accrued liability. OPEB Plan members receiving benefits contribute 100% of the monthly premiums ranging from a minimum of $543 to a maximum of $1,142 for medical/prescription coverage and at a rate of $.18 per $1,000 of the face value for life insurance coverage. Delray Beach Police, Firefighters & Paramedics Retiree Benefit Fund -The Delray Beach Police, Firefighters & Paramedics Retiree Benefit Fund (the “Retiree Benefit Fund”) is a single-employer defined benefit plan established for the purpose of providing full or partial reimbursement for health insurance premiums or other qualified benefits permitted under Section 501(c)(9) of the Internal Revenue Code. The Retiree Benefit Fund was established pursuant to collective bargaining agreements between the City and the Professional Firefighters & Paramedics of Delray Beach, Local 1842, IAFF and the Police Benevolent Association (PBA). A Trust was created on May 14, 2002 and is administered by a separate Board of Trustees consisting of seven individuals, including the President of the Local 1842, IAFF, five union representatives (three PBA, two Local 1842, IAFF) and a non-bargaining unit active firefighter elected by non-bargaining unit participants. The City is neither the trustee nor the administrator of the City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 71 14.Other Postemployment Benefits (OPEB) (Continued) Description of the Plans (Continued) Retiree Benefit Fund. Accordingly, since the City does not control, have access to or hold any assets of the Trust and has no reversionary rights in the assets of the Trust, the Retiree Benefit Fund is not reported as a fiduciary fund of the City. The Retiree Benefit Fund does not issue a publicly available financial report. Participants in the Retiree Benefit Fund include persons employed by the City of Delray Beach Fire Rescue Department as certified firefighters or paramedics on or after October 1, 2001;persons employed by the City of Delray Beach Police Department as certified law enforcement officers on or after October 1, 2004; and, certain Police and Fire Rescue department employees for whom contributions were made for each year since October 1, 2001, regardless of the employee’s certification as a firefighter, paramedic or law enforcement officer. Participants are eligible for benefits on or after the first day of the month following the date of their retirement from the City. The Retiree Benefit Fund currently does not require contributions from participants. The obligation of the City to fund the Retiree Benefit Fund is established by the applicable collective bargaining agreements in effect between the City and the unions.The Retiree Benefit Fund provides for a minimum annual benefit of $3,900 for covered employees that are not certified as firefighters, paramedics or law enforcement officers.For certified firefighters, paramedics and law enforcement officers, the Retiree Benefit Fund provides for an annual benefit of $5,200 reduced 3% per year for service less than 25 years, and increased 3% per year for service greater than 25 years. Actuarial Methods and Significant Assumptions The actuarial methods and significant assumptions used to determine the annual required contributions for the current year and the plans’ funded status are summarized as follows: OPEB Plan Retiree Benefit Fund Valuation date October 1, 2014 October 1, 2014 Actuarial cost method Entry Age Normal Entry Age Normal Post-retirement benefit increases None None Health care cost trend rates 9% per year initially,reduced annually by .5% to an ultimate rate of 5% in 2019 N/A –Benefits are for fixed amounts and do not adjust for changes in health care costs Amortization method Level Percent of Payroll –Closed Level Percent of Payroll –Closed Remaining amortization period 28 years 25 years Asset valuation method N/A(1)Market Value of Assets Actuarial assumptions: Investment rate of return 4.5%(2)8.0% net of investment related expenses Projected salary increases*2.0 –7.2%6.25% * Includes inflation rate 3.0%4.00% (1)The plan is funded on a pay-as-you-go basis and is not administered as a formal qualifying trust. There were no plan assets as of October 1, 2014, the date of the most recent valuation. (2)Since there are currently no invested plan assets held in trust to finance the OPEB obligations, the investment rate of return is the long-term expectation of investment return on assets held in City funds pursuant to its investment policy. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 72 14.Other Postemployment Benefits (OPEB) (Continued) Actuarial Methods and Significant Assumptions (Continued) Actuarial valuations involve estimates of the value of reported amounts and assumptions about the probability of events far into the future. Actuarially determined amounts are subject to continual revision as actual results are compared to past expectations and new estimates are made about the future. Projections of benefits are based on the types of benefits provided under the substantive plan at the time of each valuation and on the pattern of sharing of benefit costs between the employer and plan members to that point. In addition, projections of benefits for financial reporting purposes do not explicitly incorporate the potential effects of legal or contractual funding limitations on the pattern of cost sharing between the employer and plan members in the future. Actuarial calculations reflect a long-term perspective and accordingly, actuarial methods and assumptions used include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets. Contribution Requirements and Contributions Made The annual OPEB cost is calculated based on the annual required contribution of the employer (ARC), an amount actuarially determined in accordance with the parameters of GASB Statement No. 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover the normal cost each year and the amortization of any unfunded actuarial liabilities (or funding excess) over a period not to exceed thirty years.Annual OPEB costs and contribution information for the last three fiscal years are as follows: Year Ended September 30 Annual OPEB Cost Percentage Contributed Net OPEB Obligation (Asset) OPEB Plan 2016 $1,458,127 40%$6,301,745 2015 1,405,725 35 5,420,666 2014 1,447,355 32 4,508,479 Retiree Benefit Fund 2016 $860,654 66%$855,105 2015 860,655 75 562,899 2014 684,128 49 350,953 The changes in the City’s net OPEB obligation related to the OPEB Plan and Retiree Benefit Fund for the year ended September 30, 2016 we re as follows: OPEB Plan Retiree Benefit Fund Total Annual required contribution Interest on net OPEB obligation Adjustment to annual required contribution $1,467,161 216,827 (225,861) $860,279 28,076 (27,701) $2,327,440 244,903 (253,562) Annual OPEB cost Contributions made 1,458,127 (577,048) 860,654 (568,448) 2,318,781 (1,145,496) Change in net OPEB obligation Net OPEB obligation at October 1, 2015 881,079 5,420,666 292,206 562,899 1,173,285 5,983,565 Net OPEB obligation at September 30, 2016 $6,301,745 $855,105 $7,156,850 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 73 14.Other Postemployment Benefits (OPEB) (Continued) Funded Status and Funding Progress The funded status of the OPEB Plan and Retiree Benefit Fund as of the most recent actuarial valuation date is as follows: Plan Actuarial Valuation Date Value of Assets (a) Actuarial Accrued Liability (AAL) Entry Age (b) Unfunded (UAAL) (b-a) Funded Ratio (a/b) Covered Payroll (c) UAAL as a Percentage of Covered Payroll [(b-a)/c] OPEB Plan Retiree Benefit Fund 10/1/2014 10/1/2014 $- 4,540,237 $15,924,852 11,332,702 $15,924,852 6,792,465 0.0% 40.1% $ 41,830,950 19,636,805 38.1% 34.6% The schedules of funding progress presented as required supplementary information (RSI) following the notes to the financial statements,present multiyear trend information about whether the actuarial values of plan assets are increasing or decreasing over time relative to the actuarial accrued liability for benefits. 15. Risk Management The City is exposed to various risks of loss related to torts; theft of, damage to and destruction of assets; errors and omissions; and natural disasters. The City is also subject to risk of loss arising in the ordinary course of business, including, but not limited to, claims for damages for personal injuries, employment-related claims, and breach of contract. Commercial insurance is purchased for certain specialized insurance coverages, including, but not limited to, flood insurance, railroad crossing liability, skate park liability and environmental liabilities. The City uses the Insurance Internal Service Fund to account for and finance all commercial insurance and retained risks of loss. The City has a Managed Retention, Protected Self-Insurance Program whereby the City is substantially self-insured for general and auto liability coverage. Workers’compensation, fidelity and property coverage are insured with large deductible self-insured retentions. There were no significant changes in insurance coverage from the prior year and the amounts of settlements did not exceed insurance coverage for any of the past three years. A loss fund of $1,950,000 maximum applies per year over which an aggregate coverage of $1,000,000 of commercial insurance would apply should the loss fund be exhausted in a given year. The City also maintains a self-insured health plan with Cigna as the third-party administrator. The City is self-insured up to a stop loss of $200,000 per claim and has purchased excess insurance for claims exceeding the stop loss for individual and aggregate claims. The City’s internal service Insurance Fund is funded by charges to the City’s other funds based on the contributing funds’ claims experience and as needed to meet the estimated payments resulting from purchased and self-insurance programs, and operating expenses. For the year ended September 30, 2016, charges of $13,294,458 were made by the Insurance Fund to other funds and are reflected as interfund charges for services in the accompanying financial statements. The City has recorded a claims liability of $5,966,869 ($1,643,869 current and $4,323,000 noncurrent) at September 30, 2016, which is an increase of approximately $312,000 from the prior year. The increase reflects claims development for all lines of insurance and an accrual for legal claims. The liability falls within the actuarially determined range, from an actuarial valuation for all claims based upon the date the loss was incurred and includes a provision for claims incurred but not yet reported (IBNR). City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 74 15. Risk Management (Continued) The result of the process to estimate the claims liability is not an exact amount as it depends on many complex factors, such as inflation, changes in legal doctrines, and damage awards. Accordingly, claims are reevaluated annually to consider the effects of inflation, recent claim settlement trends (including frequency and amount of payouts), and other economic and social factors. The estimate of the claims liability also includes amounts for incremental claim adjustment expenses related to specific claims and other claim adjustment expenses regardless of whether allocated to specific claims. Estimated recoveries, such as those from salvage or subrogation, are also considered in the claims liability estimate.The following summarizes the claims liability activity for the current and prior year: Balance at September 30, 2014 $5,350,412 Claims incurred 7,985,968 Claims paid (7,681,638) Balance at September 30, 2015 5,654,742 Claims incurred 7,878,237 Claims paid (7,566,110) Balance at September 30, 2016 $5,966,869 The claims liability at September 30, 2016 and 2015,is summarized as follows: 2016 2015 Current $1,643,869 $1,634,742 Noncurrent 4,323,000 4,020,000 $5,966,869 $5,654,742 As a political subdivision of the State of Florida, the City has sovereign immunity under the Florida Constitution for tort actions. Therefore, in accordance with Chapter 768.28 Laws of Florida, the City is not liable to pay a claim or judgment, or any portions thereof, which when totaled with all other claims or judgments paid by the State or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the aggregate sum of $300,000. Chapter 768.28 also provides that judgments may be claimed or rendered in excess of these limits; however, these amounts must be reported to and approved by the Florida Legislature. In April 2010, the Governor approved Chapter 2010-26, Laws of Florida, which raised the limits of sovereign immunity from $100,000 to $200,000 per claim and from $200,000 to $300,000 in the aggregate, effective for claims arising on or after October 1, 2011. Sovereign immunity limits were considered in the actuarial development of claims liabilities. 16. Related Party Transactions The CRA is a component unit of the City of Delray Beach, Florida. For the year ended September 30, 2016, the CRA’s tax increment revenues include $8,791,322 received from the City. CRA expenditures for the year ended September 30, 2016, include charges of $2,750,993 for contractual services provided by the City to the CRA in connection with various administrative and redevelopment activities, $4,260,445 for construction services related to redevelopment projects, $400,000 for the downtown shuttle, and $550,000 for sponsorship of City tennis tournaments. The CRA also received approximately $122,000 in reimbursements from the City for various projects. At September 30, 2016, the City had a payable to the CRA of $29,134,a receivable from the CRA of $1,319,273 for reimbursement of certain administrative and redevelopment expenditures,notes receivable from the CRA of $3,519,948 and a note payable to the CRA of $50,000 (see Note 5 -Notes Receivable). The CRA contracts with the City for various administrative services each fiscal year and budgeted approximately $315,000 for those services for the year ending September 30, 2016. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 75 17. Commitments and Contingencies Contract Commitments The City has various long-term contractual obligations for construction projects on which work has not been completed. The remaining commitments on these obligations at September 30, 2016,were as follows: Special Revenue Funds $458,146 Capital Projects Funds 7,968,525 Water and Sewer Fund 3,522,681 Stormwater Utility Fund 594,268 Total Contract Commitments $12,543,620 Payments from the Water and Sewer Fund and Stormwater Utility Fund for work in progress have been capitalized as construction in progress in the respective fund. The projects financed by the special revenue funds and capital projects funds have been capitalized in the government-wide financial statements as construction in progress. Grants The grant revenues received by the City are subject to audit and adjustment by the grantor agencies, principally the Federal government and the State of Florida. If expenditures are disallowed by the grantor agencies as a result of such an audit, any claim for reimbursement would be a liability of the City. In the opinion of management, all grant expenditures are in compliance with the terms of the grant and applicable federal and state laws and regulations. Litigation, Claims and Assessments The City is involved in certain lawsuits and other legal matters occurring in the normal course of operations. Although the ultimate outcome of the lawsuits and other matters cannot be determined at the present time, the management of the City in consultation with legal counsel, believes that all significant claims are fully accrued, covered by insurance or limited under sovereign immunity and does not expect the outcome of any pending lawsuits or claims to materially affect the City’s financial condition. Discretely Presented Component Unit –Delray Beach Community Redevelopment Agency (CRA) CRA Contract Commitments: At September 30, 2016,the CRA had outstanding construction commitments consisting of the following: Total Project Authorization Expended Through September 30, 2016 Retainage Payable at September 30, 2016 Remaining Commitment at September 30, 2016 Arts Warehouse Project NW/SW Neighborhood Alleys Downtown Core Parking Study Housing Study $2,432,487 125,839 21,730 15,000 $260,102 40,873 19,438 9,875 $7,500 - - - $2,164,885 84,965 2,293 5,125 Total contract commitment $2,595,056 $330,288 $7,500 $2,257,268 City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 76 17. Commitments and Contingencies (Continued) Discretely Presented Component Unit –Delray Beach Community Redevelopment Agency (CRA) (Continued) The CRA also entered into an interlocal agreement with the City to provide funding for certain construction projects and related professional services totaling approximately $9,303,570 for the year ending September 30, 2016. CRA Lease Commitments:The CRA had the following lease commitments as lessor at September 30, 2016: Factual Multi Services, LLC -The CRA entered into an agreement to lease the property located at 135 NW 5th Avenue, Unit C6 to Factual Multi Services, LLC for $1,094 monthly base rent plus $402 monthly condominium assessment per month for a three year period commencing January 10, 2014, with an option to extend the lease for additional one year terms. The amount of the mo nthly condominium assessment may be adjusted during the term of the lease. The carrying value of the leased property was approximately $100,000 at September 30, 2016. Delray Beach Housing Group, Inc.-On September 11, 2011, the CRA entered into a lease and property management agreement with the Delray Beach Housing Group, Inc. (a Florida not-for-profit organization) to lease, manage, maintain and operate the existing rental units owned by the CRA known as the Carolyn Quince Court and La France Apartments. The CRA also entered into a similar lease and property management agreement with the CLT for the Palm Manor apartments and the SW 12th Avenue Duplexes. The agreements provide for an annual rental payment to the CRA of $1 and that the lessors will pay all taxes, fees, assessments, utilities, insurance and other charges incurred by the CRA for the leased apartments. The term of each agreement is for five years with one renewal option for an additional five year period. All three leases were renewed through September 22, 2021. The apartments were purchased by the CRA to provide affordable housing for City residents and had a total carrying value of approximately $5,580,000 at September 30, 2016. Prime Delray Hotel, LLC -On April 2, 2012, the CRA entered into a Ground Lease Agreement with Prime Delray Hotel, LLC (the “Company”) for a 40 year term. The Company will develop, construct and operate a 4-story business class hotel on the property. The lease agreement provides for the Company to pay the CRA an annual base rent of $1 for years 1 through 5 and thereafter a contingent rental of 2% of gross room sales for years 6 through 10 and increasing by 1% for each five year period thereafter until reaching 5% for years 21 to 40. For years 5 through 25, the Company has the right to purchase the property from the CRA at a price based on the average of two independent appraisals; one obtained by the CRA and the second by the Company. The carrying value of the leased property at September 30, 2016 was approximately $2,420,000. BRP Senior Housing, LLC -On December 4, 2014, the CRA entered into an agreement to lease the property located at 186 NW 5th Avenue to BRP Senior Housing, LLC for a two year period commencing on December 5, 2014. Parties may extend the term of the lease for three additional one year terms upon the execution of an amendment. Monthly payments shall be paid in the amount of $1,833. The lease was extended through April 1, 2017. The carrying value of the leased property at September 30, 2016 wa s approximately $250,000. Monogram Closet Incorporated -On April 23, 2015, the CRA entered into an agreement to lease the property located at 182 NW 5th Ave to Monogram Closet Incorporated. The lease term is for a four year period, commencing on July 1, 2015 with a monthly base rent amount of $1,933 and increases each year thereafter by $1 per square foot, or $2,054, $2,175 and $2,296 for years two through four, respectively. The parties may extend the terms of the lease for three additional one year terms upon execution of an amendment. The carrying value of the leased property at September 30, 2016 was approximately $380,000. City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 77 17. Commitments and Contingencies (Continued) Discretely Presented Component Unit –Delray Beach Community Redevelopment Agency (CRA) (Continued) The total carrying value of the CRA’s leased property listed above was approximately $8,730,000 at September 30, 2016. All the leased properties were held for sale at September 30, 2016, except for the property leased to the Delray Beach Housing Group. Depreciation expense is not recorded on the redevelopment properties that are currently held for sale. Rental income for 2016 totaled $128,244. The approximate future annual minimum rental income is as follows: 2017 -$54,000; 2018 -$31,000; and 2019 -$21,000. CRA Funding Commitments: The CRA entered into grant agreements to provide future funding for various economic redevelopment purposes. The grant funding commitments of the CRA, totaling approximately $4,000,000 at September 30, 2016,are summarized as follows: Prime Delray Hotel, LLC -Development Infrastructure Grant for the development and construction of a 4- story business class hotel on Atlantic Avenue. The grant is for an amount not to exceed $332,349 and will be paid in five equal annual payments, not to exceed 50%of the actual tax increment revenues attributed to the project for any such year. KCMCL Pineapple Grove, LLC -Development Infrastructure Grant for the development and construction of a 134-room limited service Hyatt Place Hotel in the Pineapple Grove Arts District. The grant is for eligible project costs up to $431,619. The CRA will reimburse the developer in equal annual installments over a ten year period, provided that the annual payment shall not exceed 50% of the actual tax increment revenues attributable to the project for that year. Payments will be made by the CRA on February 1st of each year. Payments of $43,162 were made under the grant for years ended September 30, 2016. The CRA also entered into agreements with the following organizations to provide funding for their operations during the year ending September 30, 2017: City of Delray Beach –International Tennis Championships City of Delray Beach –Irrigation and Landscape Maintenance City of Delray Beach –Downtown Roundabout Trolleys City of Delray Beach –Code Enforcement Officers Delray Beach Community Land Trust, Inc. Delray Beach Public Library Association, Inc. Delray Beach Historical Society Delray Beach Center for the Arts, Inc. Creative City Collaborative, Inc. EPOCH, Inc. $993,780 75,000 450,000 42,000 188,075 442,250 125,000 662,500 275,000 111,000 Total Grant Commitments $3,364,605 Loan Commitment to Village Square Elderly, Ltd: On November 8, 2011 the CRA issued a Loan Commitment to Village Square Elderly, Ltd. (Village Square) for a $2.7 million, 20 year term loan for the redevelopment of the former Carver Estates public housing project and construction of an 84-unit low income senior apartment complex, a 144-unit low income housing rental apartment complex, approximately 40 single family homes and a clubhouse (the “Property”). A promissory note wa s executed on July 17, 2014 and is non-interest bearing for the first ten years and for years eleven through twenty, the loan will accrue interest at 3.0%. Payments of principal only shall commence on the first anniversary date of the loan and are due annually thereafter until the tenth anniversary date of the loan. Commencing on the tenth anniversary date of the loan and annually thereafter, principal and interest will be payable to the CRA in an amount equal to the remaining cash flow from the Property after the required payments on the Property’s first mortgage and payment of the deferred developer fee, but not less than $25,000 per year. The loan City of Delray Beach, Florida Notes to Financial Statements September 30, 2016 78 17. Commitments and Contingencies (Continued) Discretely Presented Component Unit –Delray Beach Community Redevelopment Agency (CRA) (Continued) will mature twenty years from the loan closing date, at which time all outstanding principal and accrued interest will be due to the CRA. The loan will be collateralized by a second mortgage lien and security interest in the Property and all improvements, fixtures and appurtenances thereto. The CRA will not disburse any funds under the promissory note until Village Square has received all mo neys from the Tax-Exempt Bonds and Equity Account of the Project Fund for the acquisition and construction of the project. There were no draws on the promissory note through September 30, 2016.The project is currently under construction. Property Acquisition:The CRA contracted to purchase redevelopment property for $250,000 at September 30, 2016. 18. Subsequent Events Capital Lease In December 2016, The City entered a Master Equipment Lease-Purchase Agreement with PNC Equipment Finance LLC. Under this agreement, the City entered into three equipment leases for 80 golf carts, one ladder fire truck and two fire pumper trucks.The golf cart lease requires 60 monthly payments of $3,273 commencing January 2017 through December 2021.The ladder fire truck and fire pump trucks require seven annual payments of $387,566 commencing on December 2017 through December 2023.The lease for the two fire pumper trucks is subject to a third party agreement and the anticipated delivery date for the fire pumper trucks is September 7, 2017. The agreement calls for termination of the agreement and forfeiture of the equipment in the event the payments are not budgeted or made. Future payments through maturity for these governmental activities installment agreements are as follows at September 30, 2016: Fiscal year ending September 30 2017 2018 2019 2020 2021 Thereafter $29,454 426,835 426,835 426,835 426,835 1,172,514 Total minimum payments 2,909,308 Less amount representing interest (259,332) Principal balance $2,649,976 Police and Firefighters’ Retirement System During 2016,the City adopted Ordinance No. 17-16 which amended the provisions of the Police and Firefighters’ Retirement System. The amended plan provisions provide for the establishment of separate retirement systems for police officers and firefighters, a new board of trustees for each system, changes in the allocation and use of Chapter 175 and 185 premium tax revenues, and changes in retirement benefits for firefighters and police officers. The changes related to the allocation and use of Chapter 175 and 185 premium tax revenues and retirement benefits were effective and were included in the actuarial valuation of the Police and Firefighters’ Retirement System for the September 30, 2016 measurement date. Effective October 1, 2016, the assets and liabilities of the Police Officers' and Firefighters'Retirement System were allocated and divided between the new Police Officers’Retirement System and the new Firefighters' Retirement System for the benefit of former and current police officers and firefighters and their beneficiaries, respectively. Required Supplementary Information Variance with Final Budget - Actual Positive Original Final Amounts (Negative) REVENUES Taxes 67,166,810$ 67,966,810$ 68,526,170$ 559,360$ Fees and permits 10,347,200 10,799,800 11,364,551 564,751 Intergovernmental 8,231,250 7,942,197 7,975,405 33,208 Charges for services 11,751,000 11,614,200 11,969,568 355,368 Fines and forfeitures 971,850 1,140,747 1,506,611 365,864 Miscellaneous 7,923,190 9,404,655 11,313,435 1,908,780 Transfers in 3,963,400 3,881,020 3,881,390 370 Debt proceeds - 2,629,000 - (2,629,000) Prior year surplus 3,638,820 8,300,737 - (8,300,737) Total Revenues 113,993,520 123,679,166 116,537,130 (7,142,036) EXPENDITURES General government City commission 197,770 227,770 213,340 14,430 City manager 767,440 914,980 923,852 (8,872) Economic development 240,740 176,800 113,137 63,663 Human resources 617,970 840,462 827,992 12,470 Public information office 64,560 96,560 92,748 3,812 City clerk 675,580 682,643 624,406 58,237 Finance 1,836,410 1,792,203 1,695,214 96,989 Information technology 4,229,210 4,318,912 2,774,622 1,544,290 City attorney 1,223,000 1,576,861 1,444,440 132,421 Purchasing 603,420 603,420 594,352 9,068 Cemetery 337,800 347,165 280,893 66,272 Nondepartmental 4,645,210 2,016,784 3,105,282 (1,088,498) Transfers to component units 8,814,100 8,814,100 8,791,322 22,778 Public safety Law enforcement 31,391,540 31,572,200 31,034,568 537,632 Fire control 26,790,750 28,123,026 27,558,499 564,527 Community improvement administration 1,004,470 1,108,855 1,055,872 52,983 Planning and zoning 1,802,400 2,043,786 1,603,232 440,554 Building inspection 1,794,640 1,713,902 1,485,856 228,046 Code compliance 1,523,950 1,548,996 1,426,701 122,295 Physical environment Engineering 731,260 972,810 610,106 362,704 Parking facilities 1,356,430 1,332,283 1,122,833 209,450 Public works 3,832,030 3,990,006 2,999,820 990,186 Parks and recreation 11,863,830 12,117,297 11,375,270 742,027 Debt service 3,689,790 6,218,790 6,222,686 (3,896) Transfers out 3,959,220 10,528,555 10,541,391 (12,836) Total Expenditures 113,993,520 123,679,166 118,518,434 5,160,732 Expenditures in Excess of Revenues -$ -$ (1,981,304) (1,981,304)$ Fund balance - October 1, 2015 41,065,385 Fund balance - September 30, 2016 39,084,081$ The notes to budgetary comparison schedules are an integral part of this schedule. Budgeted Amounts CITY OF DELRAY BEACH, FLORIDA BUDGETARY COMPARISON SCHEDULE GENERAL FUND For the Fiscal Year Ended September 30, 2016 79 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) REVENUES Intergovernmental 789,680$ 2,199,620$ 642,531$ (1,557,089)$ Miscellaneous 1,661,210 1,921,978 228,819 (1,693,159) Transfers in 149,430 149,430 153,242 3,812 Prior year surplus - 184,326 - (184,326) Total Revenues 2,600,320 4,455,354 1,024,592 (3,430,762) EXPENDITURES General government Personal services 301,300 369,074 351,528 17,546 Operating 2,073,140 3,643,312 474,900 3,168,412 Capital outlay 146,580 309,368 - 309,368 Grants and aid - 115,000 93,000 22,000 Contingency 79,000 18,300 - 18,300 Transfers out 300 300 300 - Total Expenditures 2,600,320 4,455,354 919,728 3,535,626 Excess of Revenues Over Expenditures -$ -$ 104,864 104,864$ Fund balance - October 1, 2015 1,890,147 Fund balance - September 30, 2016 1,995,011$ The notes to budgetary comparison schedules are an integral part of this schedule. CITY OF DELRAY BEACH, FLORIDA BUDGETARY COMPARISON SCHEDULE NEIGHBORHOOD SERVICES FUND For the Fiscal Year Ended September 30, 2016 Budgeted Amounts 80 City of Delray Beach, Florida Notes to Budgetary Comparison Schedule September 30, 2016 81 1. Budgetary Accounting Florida Statutes require that all municipal governments establish budgetary systems and approve an annual operating budget. The City Commission annually adopts an operating budget and appropriates funds for the General Fund and Neighborhood Services Fund, a major special revenue fund. The budget procedures are as follows: Prior to September 1, the City Manager submits to the City Commission a proposed operating budget prepared for the fiscal year commencing the following October 1.The operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted to obtain taxpayer comments. The City advises the County Property Appraiser of the proposed millage rate and the date, time and place of the public hearing for budget acceptance. The budget and related millage rate are legally enacted by resolution. Changes or amendments to the budget of the City or a department must be approved by the City Commission; however, changes within a department which do not affect the total departmental expenditures may be approved at the administrative level by the City Manager. Accordingly, the legal level of control is at the department level. The legally adopted appropriated budgets are on the same modified-accrual basis used to reflect revenues and expenditures, except that for budgetary purposes, current year encumbrances and transfers out are treated as expenditures, transfers in are treated as revenues, on-behalf payments from the state for police and firefighters’ pension benefits are not budgeted and capital outlays are reflected as current expenditures within each governmental function. The City Commission approved General Fund and Neighborhood Services Fund budget amendments totaling $9,685,646 and $1,855,034, respectively, during the year ended September 30, 2016. 2. Budget and Actual Comparisons The budgetary comparison schedules are prepared on the basis of accounting used in preparing the appropriated budget.As indicated in Note 1, current year encumbrances and transfers are treated as expenditures for budgetary purposes and on-behalf payments are not budgeted. In addition, transfers and the proceeds from debt and the sale of capital assets are included in budgeted revenues,but are considered “other financing sources” for GAAP. As a result, the General Fund revenues and expenditures reported in the budgetary comparison schedule differ from the revenues and expenditures reported on the basis of GAAP. These differences can be reconciled as follows: Revenues Expenditures General Fund Transfers $3,881,390 $10,541,391 On-behalf payments for pension benefits (1,909,358)(1,909,358) Proceeds from the sale of capital assets 790 - Net differences -GAAP and budgetary basis 1,972,822 8,632,033 GAAP basis 114,564,308 109,886,401 Budgetary basis $116,537,130 $118,518,434 Neighborhood Services Fund Transfers $153,242 $300 GAAP basis 871,350 919,428 Budgetary basis $1,024,592 $919,728 2016 2015 2014 Total Pension Liability Service cost 2,192,881$ 2,203,317$ 2,249,595$ Interest 8,161,229 7,791,771 7,502,443 Changes of benefit terms 522,720 - - Differences between expected and actual experience (1,097,920) 1,375,784 - Benefit payments, including refunds (6,535,065) (5,993,746) (5,436,303) Net change in total pension liability 3,243,845 5,377,126 4,315,735 Total pension liability, beginning of fiscal year 113,643,393 108,266,267 103,950,532 Total pension liability, end of fiscal year (a)116,887,238$ 113,643,393$ 108,266,267$ Plan Fiduciary Net Position Contributions Employer 2,046,827$ 2,178,705$ 2,084,010$ Plan members 618,705 948,466 1,126,054 Net investment income 10,986,275 438,253 12,191,062 Other income 18,858 7,008 5,387 Benefit payments, including refunds (6,535,065) (5,993,746) (5,436,303) Administration expense (82,336) (73,705) (79,025) Net change in plan fiduciary net position 7,053,264 (2,495,019) 9,891,185 Plan fiduciary net position, beginning of fiscal year 107,786,586 110,281,605 100,390,420 Plan fiduciary net position, end of fiscal year (b)114,839,850$ 107,786,586$ 110,281,605$ Net Pension Liability (Asset), end of fiscal year [(a)-(b)]2,047,388$ 5,856,807$ (2,015,338)$ Plan Fiduciary Net Position as a Percentage of Total Pension Liability 98.2%94.8%101.9% Covered Employee Payroll 15,371,826$ 15,895,095$ 16,527,919$ Net Pension Liability (Asset) as a Percentage of Covered Employee Payroll 13.3%36.8%(12.2)% Notes to Schedule: Information prior to fiscal year 2014 is not avalable. City of Delray Beach, Florida Required Supplementary Information - General Employees' Pension Plan Schedule of Changes in the Net Pension Liability and Related Ratios September 30, 2016 Fiscal Year 82 2016 2015 2014 Total Pension Liability Service cost 4,161,533$ 4,116,670$ 4,215,639$ Interest 16,394,667 19,332,804 16,854,289 Changes in excess State contributions (1,741,230) 659,168 1,406,983 Changes of benefit terms (1,121,765) (347,798) - Differences between expected and actual experience 1,568,118 (2,020,566) - Contributions - buyback 32,218 34,696 128,140 Changes of assumptions 7,407,717 - - Benefit payments, including refunds (13,532,591) (13,282,705) (12,180,870) Net change in total pension liability 13,168,667 8,492,269 10,424,181 Total pension liability, beginning of fiscal year 238,707,736 230,215,467 219,791,286 Total pension liability, end of fiscal year (a)251,876,403$ 238,707,736$ 230,215,467$ Plan Fiduciary Net Position Contributions Employer 10,789,457$ 10,837,369$ 9,057,075$ State 1,909,358 1,896,237 1,951,084 Plan members 1,806,021 1,634,828 1,594,712 Net investment income (loss)13,455,717 (1,922,565) 14,082,413 Other income 150,647 22,903 - Benefit payments, including refunds (13,532,591) (13,282,705) (12,180,870) Administration expense (245,221) (231,434) (232,362) Net change in plan fiduciary net position 14,333,388 (1,045,367) 14,272,052 Plan fiduciary net position, beginning of fiscal year 153,260,618 154,305,985 140,033,933 Plan fiduciary net position, end of fiscal year (b)167,594,006$ 153,260,618$ 154,305,985$ Net Pension Liability, end of fiscal year [(a)-(b)]84,282,397$ 85,447,118$ 75,909,482$ Plan Fiduciary Net Position as a Percentage of Total Pension Liability 66.5%64.2%67.0% Covered Employee Payroll 19,643,308$ 18,107,436$ 16,474,658$ Net Pension Liability as a Percentage of Covered Employee Payroll 429.1%471.9%460.8% Notes to Schedule: Information prior to fiscal year 2014 is not avalable. Changes of benefit terms 1. For the 2015 fiscal year, amounts reported as changes of benefit terms resulted from adoption of Ordinance 10-15 with an effective date of July 7, 2015, which provided that: A. Member contributions will be 9.0% of earnings until the member has earned the maximum normal retirement benefit payable under the system. B. For police officers who are employed on the effective date and have less than 20 years of continuous service as of that date the following shall apply: 1. For service earned on and after the effective date the benefit multiplier shall be 3.0% per year of continuous service. City of Delray Beach, Florida Required Supplementary Information - Police and Firefighters' Retirement System Schedule of Changes in the Net Pension Liability and Related Ratios September 30, 2016 Fiscal Year 83 Notes to Schedule (Continued): Changes of benefit terms (Continued) 2. The benefit accrued prior to the effective date shall be based on whether or not the member elected the enhanced multiplier and the number of years of continuous service at retirement. a. For those electing the enhanced multiplier and retiring with 20 or more years of continuous service, the benefit multiplier for service accrued prior to the effective date will be 3.5%. b. For those electing the enhanced multiplier and retiring with less than 20 years of continuous service, the benefit multiplier for service accrued prior to the effective date will be 2.5% c. For those not electing the enhanced multiplier (or hired on or after April 9, 2013) and retiring with 20 years or more of continuous service, the benefit multiplier shall be 3.0% for service prior to the effective date. d. For those not electing the enhanced multiplier (or hired on or after April 9, 2013) and retiring with less than 20 years of continuous service, the benefit multiplier shall be 2.5% for service prior to the effective date. 3. The maximum annual starting benefit shall be $108,000. C. For police officers who are employed on the effective date and have less than 10 years of service as of the effective date, earnings shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation and up to 25 hours of overtime per fiscal year earned through the effective date, but excluding overtime earned after the effective date, bonuses and other payments. D. For police officers hired on and after the effective date: 1. Average monthly earnings shall mean one sixtieth of the arithmetical average for the highest 5 years of the last 10 years preceding the actual retirement or termination date. 2. Earnings shall mean basic wages paid to the member including state education compensation, police basic education, police career education compensation, but excluding overtime compensation, bonuses and other payments. 3. The normal retirement date shall be the earlier of: a. 25 years of continuous service regardless of age. b. Age 55 and the completion of 10 years of continuous service. 4. The normal retirement benefit shall be 2.75% of average monthly earnings for each year of continuous service, subject to a maximum annual starting benefit of $108,000 and further subject to a maximum benefit of 68.76% of average monthly earnings. 5. No early retirement eligibility. E. As of the effective date, no further benefit enhancement or benefit adjustment shall be paid to police officers, other than the 2.0% per year benefit increase. 2. Upon adoption of Ordinance No. 17-16, effective for the September 30, 2016 measurement date, the following changes were effective for Police and Firefighters' Pension Plan: A. The multiplier for Firefighters without an enhanced multiplier increased from 2.5% to 3% and the maximum benefit was limited to $100,000, increased 2% per year. B. Firefighters will contribute 9.0% of earnings to the Plan. C. All Chapter 185 tax monies up to $606,595 and all Chapter 175 monies in excess of $1,206,994 will be used to offset the City's pension contribution for Police Officers and Firefighters, respectively. D. Accumulated excess 185 monies totaling approximately $2.4 million were used to pay down the unfunded actuarial accrued liability for Police officers. City of Delray Beach, Florida Required Supplementary Information - Police and Firefighters' Retirement System Schedule of Changes in the Net Pension Liability and Related Ratios (Continued) September 30, 2016 84 Fiscal Year Ended September 30, Total Pension Liability Plan Net Position Net Pension Liability (Asset) Plan Net Position as a Percentage of Total Pension Liability Covered Payroll Net Pension Liability (Asset) as a Percentage of Covered Payroll 2016 116,887,238$ 114,839,850$ 2,047,388$ 98.2%15,371,826$ 13.3% 2015 113,643,393 107,786,586 5,856,807 94.8%15,895,095 36.8% 2014 108,266,267 110,281,605 (2,015,338) 101.9%16,527,919 (12.2)% Fiscal Year Ended September 30, Total Pension Liability Plan Net Position Net Pension Liability Plan Net Position as a Percentage of Total Pension Liability Covered Payroll Net Pension Liability as a Percentage of Covered Payroll 2016 251,876,403$ 167,594,006$ 84,282,397$ 66.5%19,643,308$ 429.1% 2015 238,707,736 153,260,618 85,447,118 64.2%18,107,436 471.9% 2014 230,215,467 154,305,985 75,909,482 67.0%16,474,658 460.8% Notes to Schedule: Information prior to fiscal year 2014 is not avalable for the General Employees' or the Police and Firefighters' Pension Plans. September 30, 2016 Police and Firefighters’ Retirement System City of Delray Beach, Florida Required Supplementary Information - Pension Funds Schedules of Net Pension Liability General Employees' Pension Plan 85 2016 2015 2014 General Employees' Pension Plan Actuarially determined contribution 2,046,827$ 2,178,705$ 2,084,010$ Contributions in relation to actuarially determined contribution 2,046,827 2,178,705 2,084,010 Contribution deficiency (excess)-$ -$ -$ Covered employee payroll 15,371,826$ 15,895,095$ 16,527,919$ Contributions as a percentage of covered employee payroll 13.3%13.7%12.6% Police and Firefighters’ Retirement System Actuarially determined contribution 11,294,379$ 11,293,235$ 9,209,334$ Contributions in relation to actuarially determined contribution 11,294,379 11,342,291 9,561,997 Contribution deficiency (excess)-$ (49,056)$ (352,663)$ Covered employee payroll 19,643,308$ 18,107,436$ 16,474,658$ Contributions as a percentage of covered employee payroll 57.5%62.6%58.0% General Police and Notes to Schedule Employees Firefighters Actuarial valuation date 10/1/2015 10/1/2015 Measurement date 9/30/2016 9/30/2016 Actuarially determined contribution rates are calculated at October 1, one year prior to the end of the fiscal year in which the contributions are reported. Methods and assumptions used to determine contribution rates: Actuarial cost method Entry Age Normal Entry Age Normal Amortization method Level Dollar, Closed Level Percent, Closed Remaining amortization period 25 years 29 years Asset valuation method 5 Year Smoothed 4 Year Smoothed Inflation 3.0% / year 2.5% / year Salary increases (with inflation)4.4% - 7.2% / year 6.25% / year for first 10 years, 5.0% thereafter Investment rate of return (net of expenses, with inflation)7.25% / year 8.0% / year Cost of living adjustments None 1.0% / year Retirement age Experienced-based table of rates 25% retire on normal retirement date, 10% each next two years Mortality RP-2000 Generational, Female - 100% White Collar, Male - 10% White Collar/90% Blue Collar, Scale BB Information prior to fiscal year 2014 is not available. September 30, 2016 RP-2000 Combined Healthy Participant Mortality Table using Scale AA Fiscal Year City of Delray Beach, Florida Required Supplementary Information - Pension Funds Schedules of City Contributions 86 General Police and Employees'Firefighters' Fiscal Year Ended Pension Retirement September 30,Plan System 2016 10.30%8.86 % 2015 0.43%(1.23)% 2014 12.26%9.32 % Notes to Schedule: Information prior to fiscal year 2014 is not avalable. Annual money-weighted rate of return, net of investment expenses Required Supplementary Information - Pension Funds Schedules of Investment Returns City of Delray Beach, Florida September 30, 2016 87 Actuarial Valuation Date Actuarial Value of Assets (a) Actuarial Accrued Liability (AAL) — Entry Age (b) Unfunded AAL (b-a) Covered Payroll (c) 10/1/2014 -$ 15,924,852$ 15,924,852$ 0.0 % 41,830,950$ 38.1 % 10/1/2012 - 15,636,209 15,636,209 0.0 39,412,194 39.7 10/1/2010 - 15,472,507 15,472,507 0.0 43,370,206 35.7 Actuarial Valuation Date Actuarial Value of Assets (a) Actuarial Accrued Liability (AAL) — Entry Age (b) Unfunded AAL (b-a) Covered Payroll (c) 10/1/2014 4,540,237$ 11,332,702$ 6,792,465$ 40.1 % 19,636,805$ 34.6 % 10/1/2011 3,155,585 9,581,135 6,425,550 32.9 20,647,352 31.1 10/1/2008 2,056,798 7,969,855 5,913,057 25.8 20,256,898 29.2 Retiree Benefit Fund Funded Ratio (a/b) Unfunded AAL as a Percentage of Covered Payroll [(b-a)/c] City of Delray Beach, Florida Required Supplementary Information - Schedules of Other Postemployment Benefits (OPEB) Funding Progress September 30, 2016 OPEB Plan Funded Ratio (a/b) Unfunded AAL as a Percentage of Covered Payroll [(b-a)/c] 88 Combining and Individual Fund Statements and Schedules 89 Non-Major Governmental Funds Special Revenue Funds Special Revenue Funds are used to account for the proceeds of specific revenue sources (other than major capital projects) requiring separate accounting because of legal or regulatory provisions or administrative action. Law Enforcement Trust Fund –This fund accounts for revenue received from confiscated and forfeited properties from cases involving the City's Police department. Expenditures from this fund are generally for police education and training programs and equipment. Developers Land Contribution Fund –This fund accounts for revenue received from developers operating within the City for projects other than those financed by proprietary funds. The City uses the developer contributions to purchase land or capital improvements for recreation facilities. SHIP Fund –This fund accounts for revenue received from the Florida Housing Finance Agency for the State Housing Initiatives Partnership (SHIP) Program to provide for renovation of buildings to be used for affordable multi-family housing within the City. Beautification Fund –This fund accounts for revenue received from public service taxes, which is used for capital improvements to beautify the City. Special Projects Fund –This fund is used to account for assets held in trust by the City for a variety of earmarked purposes. Cemetery Perpetual Care Fund –This fund is used to account for assets held by the City to provide maintenance for the cemetery grounds. Debt Service Fund Utilities Tax Fund –This fund is used to account for assets held for the repayment of principal and interest on debt reported in the government-wide financial statements. Capital Projects Funds Capital Projects Funds are used to account for financial resources for the acquisition or construction of major capital facilities (other than those financed by proprietary funds and similar trust funds). The capital projects funds used by the City are as follows: 2004 GO Bond Fund –This fund is used to account for the construction of major capital facilities financed by the City’s 2004 general obligation bond issue and subsequent financing. The 2004 GO bonds were redeemed and retired in November 2013. Beach Restoration Fund –This fund is used to account for improvements to the municipal beach area of the City. Debt Service Total Law Developers Cemetery Non-Major Enforcement Land Special Perpetual Utilities 2004 Beach Governmental Trust Contribution SHIP Beautification Projects Care Tax GO Bond Restoration Funds ASSETS Cash and cash equivalents 546,736$ 1,464,543$ -$ 1,067,315$ 666,765$ 735,916$ 1,512,898$ 275,595$ 717,684$ 6,987,452$ Investments - - - - 2,589,470 621,274 - - - 3,210,744 Accounts receivable, net - - - - 161,829 16,948 - - - 178,777 Notes receivable - - 718,663 - - - - - - 718,663 Interest receivable - - - - 5,771 1,385 - - - 7,156 Due from component unit - - - 2,354 - - - - - 2,354 Prepaid items - - - - 750 - - - - 750 Total Assets 546,736$ 1,464,543$ 718,663$ 1,069,669$ 3,424,585$ 1,375,523$ 1,512,898$ 275,595$ 717,684$ 11,105,896$ LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCES LIABILITIES Accounts payable and accrued items -$ 49,321$ -$ 10,380$ 4,885$ -$ -$ -$ 500$ 65,086$ Deposits payable - - - - 3,650 - - - - 3,650 Due to component unit - - - - 50,000 - - - - 50,000 Total Liabilities - 49,321 - 10,380 58,535 - - - 500 118,736 DEFERRED INFLOWS OF RESOURCES Unavailable revenue - - 718,663 - 11,105 - - - - 729,768 FUND BALANCES Nonspendable: Prepaid items - - - - 750 - - - - 750 Restricted for: Debt service - - - - - - 1,512,898 - - 1,512,898 Law enforcement 546,736 - - - 760,975 - - - - 1,307,711 Capital improvements - - - - - - - 275,595 - 275,595 Assigned to: Public safety - - - - 137,876 - - - - 137,876 Parks and recreation - - - - 397,908 1,375,523 - - - 1,773,431 Capital improvements - 1,415,222 - 1,059,289 2,057,436 - - - 717,184 5,249,131 Total Fund Balances 546,736 1,415,222 - 1,059,289 3,354,945 1,375,523 1,512,898 275,595 717,184 10,257,392 Total Liabilities, Deferred Inflows of Resources and Fund Balances 546,736$ 1,464,543$ 718,663$ 1,069,669$ 3,424,585$ 1,375,523$ 1,512,898$ 275,595$ 717,684$ 11,105,896$ Special Revenue CITY OF DELRAY BEACH, FLORIDA COMBINING BALANCE SHEET NON-MAJOR GOVERNMENTAL FUNDS September 30, 2016 Capital Projects 90 Debt Service Total Law Developers Cemetery Non-Major Enforcement Land Special Perpetual Utilities 2004 Beach Governmental Trust Contribution SHIP Beautification Projects Care Tax GO Bond Restoration Funds REVENUES Intergovernmental -$ -$ 305,432$ -$ -$ -$ -$ -$ 105,112$ 410,544$ Charges for services - - - - 490,512 8,904 - - - 499,416 Fines and forfeitures 49,991 - - - 41,017 - - - - 91,008 Miscellaneous - 619,711 802 32,190 208,505 119,287 - - - 980,495 Total Revenues 49,991 619,711 306,234 32,190 740,034 128,191 - - 105,112 1,981,463 EXPENDITURES Current: General government - - 306,234 - 81,761 2,348 - - - 390,343 Public safety 87,920 - - - 10,555 - - - - 98,475 Physical environment - - - 780,960 - - - - - 780,960 Parks and recreation - - - - 385,756 - - - 163,947 549,703 Capital outlay 8,985 55,712 - 23,244 7,731 - - - - 95,672 Debt service: Principal retirement - - - - - - 557,000 - 2,442,350 2,999,350 Interest and fiscal charges - - - - - - 1,568,588 - 19,455 1,588,043 Total Expenditures 96,905 55,712 306,234 804,204 485,803 2,348 2,125,588 - 2,625,752 6,502,546 Excess of revenues over (under) expenditures (46,914) 563,999 - (772,014) 254,231 125,843 (2,125,588) - (2,520,640) (4,521,083) OTHER FINANCING SOURCES (USES) Transfers in - - - 944,526 85,180 - 2,125,790 - 15,000 3,170,496 Transfers out - (5,620) - - (15,812) - (1,800) - - (23,232) Total Other Financing Sources (Uses)- (5,620) - 944,526 69,368 - 2,123,990 - 15,000 3,147,264 Net change in fund balance (46,914) 558,379 - 172,512 323,599 125,843 (1,598) - (2,505,640) (1,373,819) Fund balances - October 1, 2015 593,650 856,843 - 886,777 3,031,346 1,249,680 1,514,496 275,595 3,222,824 11,631,211 Fund balances - September 30, 2016 546,736$ 1,415,222$ -$ 1,059,289$ 3,354,945$ 1,375,523$ 1,512,898$ 275,595$ 717,184$ 10,257,392$ Special Revenue CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NON-MAJOR GOVERNMENTAL FUNDS For the Fiscal Year Ended September 30, 2016 Capital Projects 91 92 Non-Major Enterprise Funds Enterprise funds are used to account for operations that provide a service to citizens, financed primarily by a user charge, and where the periodic measurement of net income is deemed appropriate for capital maintenance, public policy, management control, accountability or other purposes. Delray Beach Municipal Golf Course Fund –This fund is used to account for the services and activities of the City's municipal golf course. Lakeview Golf Course Fund –This fund is used to account for the services and activities of the City's executive municipal golf course. City Marina Fund –This fund is used to account for the services and activities of the City's municipal marina. Sanitation Fund –This fund is used to account for solid waste removal services for the City's residents and commercial customers. Total Municipal Lakeview Non-Major Golf Golf City Enterprise Course Course Marina Sanitation Funds ASSETS Current Assets: Cash and cash equivalents 74,228$ 168,756$ 501,391$ 758,879$ 1,503,254$ Investments - - 934,396 2,072,570 3,006,966 Accounts receivable, net 226 - - 536,903 537,129 Interest receivable - - 2,082 4,619 6,701 Inventories 67,731 8,617 - - 76,348 Restricted assets Cash and cash equivalents 48,698 - - - 48,698 Total Current Assets 190,883 177,373 1,437,869 3,372,971 5,179,096 Noncurrent Assets: Property, land and equipment Land 1,415,482 1,963,894 42,840 - 3,422,216 Buildings 2,309,544 140,718 - - 2,450,262 Improvements other than buildings 1,200,973 899,663 1,131,622 11,958 3,244,216 Equipment 1,293,220 269,885 86,026 21,054 1,670,185 Construction in progress 38,350 - 41,870 - 80,220 Accumulated depreciation (3,057,670) (715,567) (1,151,158) (32,080) (4,956,475) Total Noncurrent Assets 3,199,899 2,558,593 151,200 932 5,910,624 Total Assets 3,390,782 2,735,966 1,589,069 3,373,903 11,089,720 DEFERRED OUTFLOWS OF RESOURCES Deferred amount related to pensions - - - 21,671 21,671 LIABILITIES Current Liabilities: Accounts payable and accrued expenses 112,006 12,380 (2,631) 287,397 409,152 Unearned revenue - - 34,979 - 34,979 Current maturities of installment agreements - 27,233 - - 27,233 Refundable deposits payable 135,690 - 18,003 - 153,693 247,696 39,613 50,351 287,397 625,057 Current Liabilities Payable from Restricted Assets: Contract payable and retainages - - - - - Accrued interest on long-term debt 1,778 - - - 1,778 Current maturities of revenue bonds 46,920 - - - 46,920 48,698 - - - 48,698 Total Current Liabilities 296,394 39,613 50,351 287,397 673,755 Noncurrent Liabilities: Compensated absences payable - - - 43,009 43,009 Revenue bonds payable, net 99,816 - - - 99,816 Net OPEB obligation - - - 28,808 28,808 Net pension liability - - - 17,608 17,608 Installment agreements - 82,206 - - 82,206 Total Noncurrent Liabilities 99,816 82,206 - 89,425 271,447 Total Liabilities 396,210 121,819 50,351 376,822 945,202 DEFERRED INFLOWS OF RESOURCES Deferred amount related to pensions - - - 7,082 7,082 NET POSITION Net investment in capital assets 3,053,163 2,449,154 151,200 932 5,654,449 Restricted for debt service 46,920 - - - 46,920 Unrestricted (deficit)(105,511) 164,993 1,387,518 3,010,738 4,457,738 Total Net Position 2,994,572$ 2,614,147$ 1,538,718$ 3,011,670$ 10,159,107$ CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF NET POSITION NON-MAJOR ENTERPRISE FUNDS September 30, 2016 93 Total Municipal Lakeview Non-Major Golf Golf City Enterprise Course Course Marina Sanitation Funds OPERATING REVENUES Charges for services 3,129,388$ 610,903$ 223,401$ 4,132,645$ 8,096,337$ Other operating revenue 50,845 8,544 11,567 56,829 127,785 Total Operating Revenues 3,180,233 619,447 234,968 4,189,474 8,224,122 OPERATING EXPENSES Personal services - - - 259,031 259,031 Other operating expenses 2,898,770 489,183 79,330 3,488,893 6,956,176 Depreciation 168,425 66,483 9,179 238 244,325 Total Operating Expenses 3,067,195 555,666 88,509 3,748,162 7,459,532 Operating Income 113,038 63,781 146,459 441,312 764,590 NONOPERATING REVENUES (EXPENSES) Investment earnings - - 10,808 23,974 34,782 Rent revenue 27,958 - 176 197,403 225,537 Interest expense (30,954) (11,232) - - (42,186) Gain on disposal of equipment 10,199 5,165 - - 15,364 Total Nonoperating Revenues (Expenses) 7,203 (6,067) 10,984 221,377 233,497 Income Before Capital Contributions and Transfers 120,241 57,714 157,443 662,689 998,087 Transfers in 1,789,321 1,193,403 - - 2,982,724 Transfers out (18,000) (5,000) (52,970) (237,270) (313,240) Change In Net Position 1,891,562 1,246,117 104,473 425,419 3,667,571 Net Position - October 1, 2015 1,103,010 1,368,030 1,434,245 2,586,251 6,491,536 Net Position - September 30, 2016 2,994,572$ 2,614,147$ 1,538,718$ 3,011,670$ 10,159,107$ CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION NON-MAJOR ENTERPRISE FUNDS For the Fiscal Year Ended September 30, 2016 94 Total Municipal Lakeview Non-Major Golf Golf City Enterprise Course Course Marina Sanitation Funds CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users 3,221,204$ 617,800$ 218,548$ 4,204,203$ 8,261,755$ Receipts from others 27,958 - 176 197,403 225,537 Payments to suppliers (4,520,193) (1,603,469) (82,576) (3,876,816) (10,083,054) Payments to employees - - - (246,062) (246,062) Net cash provided by (used in) operating activities (1,271,031) (985,669) 136,148 278,728 (1,841,824) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 1,789,321 1,193,403 - - 2,982,724 Transfers to other funds (18,000) (5,000) (52,970) (237,270) (313,240) Net cash provided by (used in) noncapital financing activities 1,771,321 1,188,403 (52,970) (237,270) 2,669,484 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition and construction of capital assets (365,494) - (41,869) - (407,363) Proceeds from the sale of capital assets 11,279 5,165 - - 16,444 Principal paid on capital debt (418,264) (117,661) - - (535,925) Interest paid on capital debt (22,656) (8,508) - - (31,164) Net cash used in capital and related financing activities (795,135) (121,004) (41,869) - (958,008) CASH FLOWS FROM INVESTING ACTIVITIES Proceeds from sales of investments - - 450,845 696,934 1,147,779 Interest on investments - - 9,237 20,487 29,724 Net cash provided by investing activities - - 460,082 717,421 1,177,503 Net change in cash and cash equivalents (294,845) 81,730 501,391 758,879 1,047,155 Cash and cash equivalents - October 1, 2015 417,771 87,026 - - 504,797 Cash and cash equivalents - September 30, 2016 122,926$ 168,756$ 501,391$ 758,879$ 1,551,952$ Reconciliation of operating income to net cash provided by (used in) operating activities: Operating income 113,038$ 63,781$ 146,459$ 441,312$ 764,590$ Adjustments to reconcile operating income to net cash provided by (used in) operating activities: Depreciation expense 168,425 66,483 9,179 238 244,325 Rent revenue 27,958 - 176 197,403 225,537 Change in assets and liabilities: Accounts receivable 134 40 - 14,729 14,903 Inventories 2,214 (1,687) - - 527 Prepaid expenses 15,302 3,290 - 1,791 20,383 Deferred amount related to pensions - - - 56,145 56,145 Accounts payable and accrued expenses 2,596 827 (3,246) (389,714) (389,537) Unearned revenue - - (17,071) - (17,071) Compensated absences payable - - - (4,502) (4,502) Net OPEB obligation - - - 2,872 2,872 Net pension liability - - - (41,546) (41,546) Due to other funds (1,639,321) (1,118,403) - - (2,757,724) Refundable deposits payable 38,623 - 651 - 39,274 Total adjustments (1,384,069) (1,049,450) (10,311) (162,584) (2,606,414) Net cash provided by (used in) operating activities (1,271,031)$ (985,669)$ 136,148$ 278,728$ (1,841,824)$ NON-CASH CAPITAL AND RELATED FINANCING AND INVESTING ACTIVITIES Amortization of bond premiums (4,575)$ (2,796)$ -$ -$ (7,371)$ Amortization of deferred charges on refundings 18,639$ 6,744$ -$ -$ 25,383$ Installment agreement debt issued -$ 140,100$ -$ -$ 140,100$ Realized and unrealized gains on investments -$ -$ 971$ 2,154$ 3,125$ CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF CASH FLOWS NON-MAJOR ENTERPRISE FUNDS For the Fiscal Year Ended September 30, 2016 95 96 Internal Service Funds Internal Service Funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the City, or to other governmental units, on a cost reimbursement basis. Insurance Fund –This fund is used to account for the payment of insurance claims against the City for certain self-insured coverages and for the payment of health insurance premiums. In addition, expenses related to reinsurance and claims administration are paid from this fund. Central Garage Fund –This fund is used to account for the central garage operation of the City. Total Central Internal Insurance Garage Service Funds ASSETS Current Assets: Cash and cash equivalents 5,125,941$ 3,671,934$ 8,797,875$ Investments 5,074,566 2,897,622 7,972,188 Accounts receivable, net 16,406 - 16,406 Interest receivable 11,437 6,458 17,895 Inventories - 73,563 73,563 Prepaid expenses 449 - 449 Total Current Assets 10,228,799 6,649,577 16,878,376 Noncurrent Assets: Property and equipment Buildings - 88,185 88,185 Equipment 132,964 23,491,576 23,624,540 Accumulated depreciation (98,366) (17,653,370) (17,751,736) Total Noncurrent Assets 34,598 5,926,391 5,960,989 Total Assets 10,263,397 12,575,968 22,839,365 DEFERRED OUTFLOWS OF RESOURCES Deferred amount related to pensions 25,451 59,722 85,173 LIABILITIES Current Liabilities: Accounts payable and accrued expenses 249,812 410,083 659,895 Compensated absences payable 5,970 7,270 13,240 Insurance claims payable 1,643,869 - 1,643,869 Total Current Liabilities 1,899,651 417,353 2,317,004 Noncurrent Liabilities: Long-term portion of compensated absences payable 22,579 88,195 110,774 Long-term portion of insurance claims payable 4,323,000 - 4,323,000 Net OPEB obligation 36,010 100,828 136,838 Net pension liability 20,679 48,523 69,202 Total Noncurrent Liabilities 4,402,268 237,546 4,639,814 Total Liabilities 6,301,919 654,899 6,956,818 DEFERRED INFLOWS OF RESOURCES Deferred amount related to pensions 8,317 19,516 27,833 NET POSITION Net investment in capital assets 34,598 5,926,391 5,960,989 Unrestricted 3,944,014 6,034,884 9,978,898 Total Net Position 3,978,612$ 11,961,275$ 15,939,887$ CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF NET POSITION INTERNAL SERVICE FUNDS September 30, 2016 97 Total Central Internal Insurance Garage Service Funds OPERATING REVENUES Charges for services 13,294,458$ 2,390,086$ 15,684,544$ Other operating revenue 458,971 2,126,236 2,585,207 Total Operating Revenues 13,753,429 4,516,322 18,269,751 OPERATING EXPENSES Personal services 389,302 896,592 1,285,894 Other operating expenses 12,474,027 1,797,973 14,272,000 Depreciation 9,636 1,770,040 1,779,676 Total Operating Expenses 12,872,965 4,464,605 17,337,570 Operating income 880,464 51,717 932,181 NONOPERATING REVENUES Interest revenue 58,697 33,518 92,215 Gain on disposal of equipment - 51,489 51,489 Total Nonoperating Revenues 58,697 85,007 143,704 Income Before Capital Contributions and Transfers 939,161 136,724 1,075,885 Capital contributions - 125,046 125,046 Transfers in - 580,000 580,000 Transfers out (11,105) - (11,105) Change In Net Position 928,056 841,770 1,769,826 Net Position - October 1, 2015 3,050,556 11,119,505 14,170,061 Net Position - September 30, 2016 3,978,612$ 11,961,275$ 15,939,887$ CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION INTERNAL SERVICE FUNDS For the Fiscal Year Ended September 30, 2016 98 Total Central Internal Insurance Garage Service Funds CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users 13,754,012$ 4,516,322$ 18,270,334$ Payments to suppliers (11,735,992) (1,511,681) (13,247,673) Payments to employees (356,961) (812,626) (1,169,587) Net cash provided by operating activities 1,661,059 2,192,015 3,853,074 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds - 580,000 580,000 Transfers to other funds (11,105) - (11,105) Net cash provided by (used in) noncapital financing activities (11,105) 580,000 568,895 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition and construction of capital assets - (1,223,864) (1,223,864) Proceeds from the sale of capital assets - 75,762 75,762 Net cash used in capital and related financing activities - (1,148,102) (1,148,102) CASH FLOWS FROM INVESTING ACTIVITIES Purchases of investments (50,161) (28,643) (78,804) Interest on investments 50,161 28,643 78,804 Net cash used in investing activities - - - Net change in cash and cash equivalents 1,649,954 1,623,913 3,273,867 Cash and cash equivalents - October 1, 2015 3,475,987 2,048,021 5,524,008 Cash and cash equivalents - September 30, 2016 5,125,941$ 3,671,934$ 8,797,875$ Reconciliation of operating income to net cash provided by operating activities: Operating income 880,464$ 51,717$ 932,181$ Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation expense 9,636 1,770,040 1,779,676 Change in assets and liabilities: Accounts receivable 583 - 583 Prepaid expenses 287,573 15,792 303,365 Deferred amount related to pensions 54,300 148,184 202,484 Accounts payable and accrued expenses 138,335 270,500 408,835 Compensated absences payable 7,027 8,820 15,847 Insurance claims payable 312,127 - 312,127 Net OPEB obligation 10,074 35,987 46,061 Net pension liability (39,060) (109,025) (148,085) Total adjustments 780,595 2,140,298 2,920,893 Net cash provided by operating activities 1,661,059$ 2,192,015$ 3,853,074$ NON-CASH CAPITAL AND RELATED FINANCING AND INVESTING ACTIVITIES Equipment contributed from governmental capital assets -$ 125,046$ 125,046$ Realized and unrealized gains on investments 5,273$ 3,011$ 8,284$ CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICE FUNDS For the Fiscal Year Ended September 30, 2016 99 100 Fiduciary Funds Fiduciary Funds are used to account for assets held in trust or as an agent by the City for others and include pension trust funds. General Employees' Pension Fund –This fund is used to account for assets held in a trustee capacity for the retirement pensions of all permanent, full-time City employees except those covered by the Police and Firefighters' Retirement System Fund. Police and Firefighters' Retirement System Fund –This fund is used to account for assets held in a trustee capacity for the retirement pensions of all noncivilian police and fire department employees. Police and General Firefighters'Total Employees'Retirement Pension Trust Pension System Funds ASSETS Cash and cash equivalents $ 1,455,025 $ 4,054,294 5,509,319$ Investments: U.S. Government securities 6,067,918 3,592,276 9,660,194 U.S. Government Agency securities - 8,582,194 8,582,194 Mortgage and asset-backed securities 4,096,213 - 4,096,213 Municipal obligations 1,302,464 255,715 1,558,179 International fixed income investment fund - 7,523,100 7,523,100 Domestic and international corporate bonds 11,506,204 18,281,067 29,787,271 Domestic equity securities 24,079,271 60,757,309 84,836,580 Domestic and international equity investment funds - 39,057,659 39,057,659 Timber investment funds - 6,014,227 6,014,227 Alternative investments 66,134,229 18,729,060 84,863,289 Interest and dividends receivable 259,890 547,170 807,060 Due from broker for securities sold 208,734 104,999 313,733 Employee contributions receivable - 65,687 65,687 Prepaid expenses 109,624 233,825 343,449 Total Assets 115,219,572 167,798,582 283,018,154 LIABILITIES Accounts payable 42,703 135,959 178,662 Due to broker for securities purchased 337,019 68,617 405,636 Total Liabilities 379,722 204,576 584,298 NET POSITION Restricted for pension benefits $ 114,839,850 $ 167,594,006 $ 282,433,856 CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF PLAN NET POSITION PENSION TRUST FUNDS September 30, 2016 101 Police and General Firefighters'Total Employees'Retirement Pension Trust Pension System Funds ADDITIONS Contributions Employer $ 2,046,827 $ 10,789,457 $ 12,836,284 State - 1,909,358 1,909,358 Plan members 618,705 1,806,021 2,424,726 Total contributions 2,665,532 14,504,836 17,170,368 Investment earnings Net appreciation in fair value of investments 9,095,495 10,872,656 19,968,151 Interest and dividends 2,148,536 3,249,452 5,397,988 11,244,031 14,122,108 25,366,139 Less investment expenses - custodian fees 257,756 666,391 924,147 Net investment earnings 10,986,275 13,455,717 24,441,992 Other income 18,858 150,647 169,505 Total additions 13,670,665 28,111,200 41,781,865 DEDUCTIONS Benefits 6,468,203 13,413,830 19,882,033 Refunds of contributions 66,862 118,761 185,623 Administrative expenses 82,336 245,221 327,557 Total deductions 6,617,401 13,777,812 20,395,213 Change In Plan Net Position 7,053,264 14,333,388 21,386,652 Net Position Restricted for Pension Benefits - October 1, 2015 107,786,586 153,260,618 261,047,204 Net Position Restricted for Pension Benefits - September 30, 2016 $ 114,839,850 $ 167,594,006 $ 282,433,856 CITY OF DELRAY BEACH, FLORIDA COMBINING STATEMENT OF CHANGES IN PLAN NET POSITION PENSION TRUST FUNDS For the Fiscal Year Ended September 30, 2016 102 Other Supplementary Information Final Amended Budget Actual Variance Positive (Negative) Revenue: Taxes: Ad valorem $ 56,325,810 $ 56,876,767 $ 550,957 Sales and use 1,390,000 1,426,451 36,451 Utility 6,270,000 6,330,379 60,379 Communications Services Tax 3,184,000 3,053,365 (130,635) Business tax receipts 797,000 839,208 42,208 Total taxes 67,966,810 68,526,170 559,360 Licenses and permits: Building permits 3,860,000 4,357,491 497,491 Franchise fees 5,320,600 5,132,170 (188,430) Miscellaneous 1,514,200 1,767,474 253,274 License fees 105,000 107,416 2,416 Total fees and permits 10,799,800 11,364,551 564,751 Intergovernmental: Federal shared revenue: Hazmat Sustainment - 14,840 14,840 Highway Safety Grant - 27,926 27,926 SAFER Grant 561,602 501,732 (59,870) Bulletproof Vest Grant 10,297 - (10,297) Justice Assistance Grants 34,520 34,516 (4) Total federal shared revenue 606,419 579,014 (27,405) State shared revenue: State revenue sharing 1,980,000 2,009,340 29,340 Local government sales tax 4,960,000 4,935,105 (24,895) Alcoholic beverage licenses tax 80,000 80,862 862 Municipal fuel tax refund 45,000 49,753 4,753 Mobile home licenses tax 400 395 (5) Fire incentive 66,000 69,892 3,892 State grants 24,378 29,378 5,000 Total state shared revenue 7,155,778 7,174,725 18,947 Shared revenue from local units: County occupational licenses 105,000 115,830 10,830 Palm Beach County Grants 75,000 105,836 30,836 Total shared revenue from local units 180,000 221,666 41,666 Total intergovernmental 7,942,197 7,975,405 33,208 Continued on next page. Schedule of Revenue and Other Financing Sources— Budget and Actual—General Fund City of Delray Beach, Florida For the Fiscal Year Ended September 30, 2016 103 Final Amended Budget Actual Variance Positive (Negative) Revenue (continued): Charges for services: General government $ 1,009,900 $ 1,145,999 $ 136,099 Public safety 7,342,950 7,433,513 90,563 Physical environment 124,000 159,827 35,827 Parking 1,834,000 1,894,917 60,917 Culture and recreation 1,303,350 1,335,312 31,962 Total charges for services 11,614,200 11,969,568 355,368 Fines and forfeitures: Court 866,747 1,068,968 202,221 Penalties on licenses and permits 84,000 138,689 54,689 Violations of local ordinances 190,000 298,954 108,954 Total fines and forfeitures 1,140,747 1,506,611 365,864 Miscellaneous: Interest 1,481,325 1,642,963 161,638 Rents and special assessments 136,350 305,163 168,813 Sale of capital assets - 790 790 Contributions and donations 4,425,660 4,411,837 (13,823) Recovery of administrative costs 2,736,770 2,736,770 - Other 624,550 2,215,912 1,591,362 Total miscellaneous 9,404,655 11,313,435 1,908,780 Total revenue 108,868,409 112,655,740 3,787,331 Other financing sources: Prior year surplus 8,300,737 - (8,300,737) Debt proceeds 2,629,000 - (2,629,000) Transfers in: Water and Sewer Fund 3,229,720 3,230,090 370 Delray Beach Municipal and Lakeview Golf Course Funds 23,000 23,000 - City Marina Fund 52,970 52,970 - Utilities Tax Fund 1,800 1,800 - Sanitation Fund 125,270 125,270 - Stormwater Utility Fund 416,580 416,580 - 2004 GO Bond 19,540 19,540 - Special Projects Fund 12,000 12,000 - Insurance Fund 140 140 - Total transfers in 3,881,020 3,881,390 370 Total other financing sources 14,810,757 3,881,390 (10,929,367) Total revenue and other financing sources $ 123,679,166 116,537,130 $ (7,142,036) Reconciliation to GAAP basis statements: On-behalf payments 1,909,358 Revenue and other financing sources - GAAP basis 118,446,488$ City of Delray Beach, Florida Schedule of Revenue and Other Financing Sources— Budget and Actual—General Fund (Continued) For the Fiscal Year Ended September 30, 2016 104 Original Budget Final Amended Budget Current Year Expenditures Current Year Encumbrances Outstanding Total Expenditures and Encumbrances Unencumbered Balance Lapsed General government: City commission 197,770$ 227,770$ 213,340$ -$ 213,340$ 14,430$ City manager 767,440 914,980 923,852 - 923,852 (8,872) Economic development 240,740 176,800 113,137 - 113,137 63,663 Human resources 617,970 840,462 827,992 - 827,992 12,470 Public information office 64,560 96,560 92,748 - 92,748 3,812 City clerk 675,580 682,643 624,406 - 624,406 58,237 Finance 1,836,410 1,792,203 1,695,214 - 1,695,214 96,989 Information technology 4,229,210 4,318,912 2,774,622 - 2,774,622 1,544,290 City attorney 1,223,000 1,576,861 1,444,440 - 1,444,440 132,421 Purchasing 603,420 603,420 594,352 - 594,352 9,068 Cemetery 337,800 347,165 280,893 - 280,893 66,272 Grants and Aids: Old School Square 250,000 250,000 250,000 - 250,000 - Library 1,453,500 1,453,500 1,453,500 - 1,453,500 - Other grants and aids 243,450 248,450 248,450 - 248,450 - Miscellaneous and contingency 2,698,260 64,834 1,153,332 - 1,153,332 (1,088,498) Transfers to component units 8,814,100 8,814,100 8,791,322 - 8,791,322 22,778 Total general government 24,253,210 22,408,660 21,481,600 - 21,481,600 927,060 Public safety: Law enforcement 31,391,540 31,572,200 31,034,568 - 31,034,568 537,632 Fire control 26,790,750 28,123,026 27,558,499 - 27,558,499 564,527 Community improvement administration 1,004,470 1,108,855 1,055,872 - 1,055,872 52,983 Planning and zoning 1,802,400 2,043,786 1,603,232 - 1,603,232 440,554 Building inspection 1,794,640 1,713,902 1,485,856 - 1,485,856 228,046 Code compliance 1,523,950 1,548,996 1,426,701 - 1,426,701 122,295 Total public safety 64,307,750 66,110,765 64,164,728 - 64,164,728 1,946,037 Physical environment: Engineering 731,260 972,810 610,106 - 610,106 362,704 Parking facilities 1,356,430 1,332,283 1,122,833 - 1,122,833 209,450 Public works: Traffic operations 461,410 469,410 355,320 - 355,320 114,090 Administration 180,720 180,720 128,443 - 128,443 52,277 Street lighting 740,020 740,020 677,014 - 677,014 63,006 Street maintenance 1,308,350 1,323,996 703,120 - 703,120 620,876 Building maintenance 1,141,530 1,275,860 1,135,923 - 1,135,923 139,937 Total physical environment 5,919,720 6,295,099 4,732,759 - 4,732,759 1,562,340 Continued on next page. Schedule of Expenditures, Encumbrances and Other Financing Uses—Compared with Appropriations—General Fund City of Delray Beach, Florida For the Fiscal Year Ended September 30, 2016 105 Original Budget Final Amended Budget Current Year Expenditures Current Year Encumbrances Outstanding Total Expenditures and Encumbrances Unencumbered Balance Lapsed Parks and recreation: Administration 690,020$ 803,967$ $ 755,816 $ - $ 755,816 $ 48,151 Out of school program 318,740 356,465 349,423 - 349,423 7,042 Teen center 259,070 280,245 273,408 - 273,408 6,837 Catherine Strong Park 316,670 308,496 271,997 - 271,997 36,499 Community center 329,280 332,168 314,040 - 314,040 18,128 Veteran’s park recreation facility 172,380 182,951 179,162 - 179,162 3,789 Pompey Park recreation facility 850,440 846,490 831,952 - 831,952 14,538 Parks maintenance 4,064,790 4,059,565 3,783,868 - 3,783,868 275,697 Special events 136,370 163,268 161,487 - 161,487 1,781 Tennis centers 1,295,380 1,339,380 1,139,468 - 1,139,468 199,912 Tennis stadium 2,429,640 2,435,750 2,378,677 - 2,378,677 57,073 Aquatics 453,800 453,802 411,199 - 411,199 42,603 Athletics 547,250 554,750 524,773 - 524,773 29,977 Total parks and recreation 11,863,830 12,117,297 11,375,270 - 11,375,270 742,027 Debt service: Principal retirement 2,956,470 5,485,470 5,485,461 - 5,485,461 9 Interest and fiscal charges 733,320 733,320 737,225 - 737,225 (3,905) Total debt service 3,689,790 6,218,790 6,222,686 - 6,222,686 (3,896) Total expenditures and encumbrances 110,034,300 113,150,611 107,977,043 - 107,977,043 5,173,568 Other financing uses: Transfers out to other funds: Neighborhood Services Fund 149,430 149,430 149,430 - 149,430 - Beautification Fund 927,000 927,000 939,336 - 939,336 (12,336) Utilities Tax Fund 2,125,790 2,125,790 2,125,790 - 2,125,790 - Capital Improvement Fund 742,000 3,748,611 3,748,611 - 3,748,611 - Beach Restoration Fund 15,000 15,000 15,000 - 15,000 - Municipal Golf Course - 1,789,321 1,789,321 - 1,789,321 - Lakeview Golf Course - 1,193,403 1,193,403 - 1,193,403 - Central Garage Fund - 580,000 580,500 - 580,500 (500) Total other financing uses 3,959,220 10,528,555 10,541,391 - 10,541,391 (12,836) Total expenditures, encumbrances and other financing uses $ 113,993,520 $ 123,679,166 $ 118,518,434 $ - 118,518,434 $ 5,160,732 Reconciliation to GAAP basis statements: On-behalf payments 1,909,358 Expenditures and other financing uses - GAAP basis 120,427,792$ City of Delray Beach, Florida Schedule of Expenditures, Encumbrances and Other Financing Uses—Compared with Appropriations—General Fund (Continued) For the Fiscal Year Ended September 30, 2016 106 Schedules of Debt Service Requirements Fiscal Year Ending September 30 General Obligation Bonds Revenue Bonds and Note Water and Sewer Revenue Bonds Installment Agreements Total Requirements 2017 $ 2,089,576 $ 3,415,300 $ 2,162,119 156,190$ $ 7,823,185 2018 2,096,705 3,412,108 2,163,775 156,192 7,828,780 2019 2,091,898 3,422,450 2,152,015 52,361 7,718,724 2020 2,104,997 3,434,650 1,933,097 25,356 7,498,100 2021 2,105,795 3,425,900 1,948,716 - 7,480,411 2022 2,109,345 3,432,650 1,948,086 - 7,490,081 2023 2,115,489 3,428,900 - - 5,544,389 2024 2,128,967 3,434,900 - - 5,563,867 2025 - 3,434,900 - - 3,434,900 2026 - 3,428,900 - - 3,428,900 2027 - 3,436,900 - - 3,436,900 2028 - 3,428,500 - - 3,428,500 2029 - 3,432,850 - - 3,432,850 2030 - 3,429,500 - - 3,429,500 2031 - 3,429,812 - - 3,429,812 2032 - 3,428,250 - - 3,428,250 2033 - 1,028,438 - - 1,028,438 2034 - 1,027,050 - - 1,027,050 2035 - 1,024,650 - - 1,024,650 16,842,772$ 57,936,608$ 12,307,808$ $ 390,099 87,477,287$ City of Delray Beach, Florida Summary Schedule of Debt Service Requirements (Principal and Interest) to Maturity 107 Fiscal Year Ending September 30 Principal Interest Total Balance Outstanding at End of Fiscal Year 2017 $ 1,640,000 $ 449,576 $ 2,089,576 $ 14,753,196 2018 1,700,000 396,705 2,096,705 12,656,491 2019 1,750,000 341,898 2,091,898 10,564,593 2020 1,820,000 284,997 2,104,997 8,459,596 2021 1,880,000 225,795 2,105,795 6,353,801 2022 1,945,000 164,345 2,109,345 4,244,456 2023 2,015,000 100,489 2,115,489 2,128,967 2024 2,095,000 33,967 2,128,967 - 14,845,000$ 1,997,772$ 16,842,772$ City of Delray Beach, Florida Combined Schedule of General Obligation Bond Debt Service Requirements 108 Principal February 1 February 1 August 1 Total $ 820,000 $ 160,709 $ 143,694 $ 1,124,403 $ 7,984,186 4.15% 860,000 143,694 125,849 1,129,543 6,854,643 4.15 895,000 125,849 107,278 1,128,127 5,726,516 4.15 940,000 107,278 87,773 1,135,051 4,591,465 4.15 985,000 87,773 67,334 1,140,107 3,451,358 4.15 1,030,000 67,334 45,961 1,143,295 2,308,063 4.15 1,080,000 45,961 23,551 1,149,512 1,158,551 4.15 1,135,000 23,551 - 1,158,551 - 4.15 7,745,000$ 762,149$ 601,440$ 9,108,589$ Original Authorization – $24,000,000 Issued – $10,000,000 Date of Issue – August 26, 2005 Maturity Range – Serially February 1, 2014 through February 1, 2024 Principal Payment Date – February 1 of each year Interest Payment Dates – February 1 and August 1 Denomination – $5,000 Call Features – Penalty with early prepayment Paying Agent – SunTrust Bank, NA Ratings – N/A Projects: 2018 2024 2022 2023 2021 2020 Interest Rate The bonds were issued for the purpose of acquiring land and constructing and developing parks and recreation facilities in the City. Balance Outstanding at End of Fiscal Year City of Delray Beach, Florida Schedule of General Obligation Bonds (Series 2005) Fiscal Year Ending September 30 Interest 2019 2017 109 Principal February 1 February 1 August 1 Total $ 820,000 $ 77,035 $ 68,138 $ 965,173 $ 6,769,010 2.17% 840,000 68,138 59,024 967,162 5,801,848 2.17 855,000 59,024 49,747 963,771 4,838,077 2.17 880,000 49,747 40,199 969,946 3,868,131 2.17 895,000 40,199 30,489 965,688 2,902,443 2.17 915,000 30,489 20,561 966,050 1,936,393 2.17 935,000 20,561 10,416 965,977 970,416 2.17 960,000 10,416 - 970,416 - 2.17 7,100,000$ 355,609$ 278,574$ 7,734,183$ Original Authorization – $9,000,000 Issued – $8,810,000 Date of Issue – November 21, 2013 Maturity Range – Serially February 1, 2014 through February 1, 2024 Principal Payment Date – February 1 of each year Interest Payment Dates – February 1 and August 1 Denomination – $5,000 Call Features – No optional or mandatory redemption Paying Agent/Registrar – Compas Mortgage Corporation Leander, Texas Ratings – N/A Projects: 2017 2021 The bonds were issued for the purpose of acquiring land and constructing and developing parks and recreation facilities in the City. 2023 2020 2024 2018 2019 2022 City of Delray Beach, Florida Schedule of General Obligation Bonds (Series 2013) Fiscal Year Ending September 30 Interest Interest Rate Balance Outstanding at End of Fiscal Year 110 Fiscal Year Ending September 30 Principal Interest Total Balance Outstanding at End of Fiscal Year 2017 $ 1,717,280 $ 1,698,020 $ 3,415,300 $ 54,521,308 2018 1,790,000 1,622,108 3,412,108 51,109,200 2019 1,879,684 1,542,766 3,422,450 47,686,750 2020 1,975,000 1,459,650 3,434,650 44,252,100 2021 2,065,000 1,360,900 3,425,900 40,826,200 2022 2,175,000 1,257,650 3,432,650 37,393,550 2023 2,280,000 1,148,900 3,428,900 33,964,650 2024 2,400,000 1,034,900 3,434,900 30,529,750 2025 2,520,000 914,900 3,434,900 27,094,850 2026 2,640,000 788,900 3,428,900 23,665,950 2027 2,780,000 656,900 3,436,900 20,229,050 2028 2,855,000 573,500 3,428,500 16,800,550 2029 2,945,000 487,850 3,432,850 13,367,700 2030 3,030,000 399,500 3,429,500 9,938,200 2031 3,125,000 304,812 3,429,812 6,508,388 2032 3,225,000 203,250 3,428,250 3,080,138 2033 930,000 98,438 1,028,438 2,051,700 2034 960,000 67,050 1,027,050 1,024,650 2035 990,000 34,650 1,024,650 - 42,281,964$ 15,654,644$ 57,936,608$ Note: Excludes allocable portion of business-type debt from the Revenue Bonds (Series 2000), Utility Tax Revenue Bonds (Series 2002), Revenue Refunding and Improvement Bonds (Series 2003) and Utility Tax Revenue Bonds (Series 2007). City of Delray Beach, Florida Combined Schedule of Revenue Bonds and Note Debt Service Requirements (Principal and Interest) 111 June 1 December 1 June 1 Total 2017 $ 540,000 $ 44,845 $ 44,845 $ 629,690 $ 1,262,836 5.245% 2018 570,000 30,683 30,683 631,366 631,470 5.245 2019 600,000 15,735 15,735 631,470 - 5.245 1,710,000$ 91,263$ 91,263$ 1,892,526$ Original Authorization – $10,000,000 Issued – $10,000,000 Date of Issue – February 25, 2000 Maturity Range – Serial Bonds: June 1, 1999 through June 1, 2019 Principal Payment Date – June 1 of each year Interest Payment Dates – June 1 and December 1 of each year Pledged Revenue – Non-ad valorem tax revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – Bank of America Ratings – N/A Projects: City of Delray Beach, Florida Schedule of Revenue Bonds (Series 2000) Interest Balance Outstanding at End of Fiscal Year Interest Rate Fiscal Year Ending September 30 Serial Bond Principal The bonds were issued to finance all or a portion of the costs of certain roadway improvements including water, sewer and drainage work, and a portion of the costs of a tri-party radio system. Approximately 73% of the bonds are governmental activities debt and 27% is business-type activities debt. 112 June 1 December 1 June 1 Total 2017 $ 850,000 $ 48,482 $ 48,482 $ 946,964 $ 1,899,524 3.66% 2018 880,000 32,931 32,931 945,862 953,662 3.66 2019 920,000 16,831 16,831 953,662 - 3.66 2,650,000$ 98,244$ 98,244$ 2,846,488$ Original Authorization – $9,685,000 Issued – $9,685,000 Serial Bonds Date of Issue – December 2, 2003 Maturity Range – Serial Bonds: June 1, 2003 through June 1, 2019 Principal Payment Date – June 1 of each year Interest Payment Dates – June 1 and December 1 of each year for both serial and term bonds Pledged Revenue – Non-ad valorem tax revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – SunTrust Bank Ratings – N/A Projects: City of Delray Beach, Florida Schedule of Revenue Refunding and Improvement Bonds (Series 2003) Interest Balance Outstanding at End of Fiscal Year Interest Rate Fiscal Year Ending September 30 Serial Bond Principal The bonds were issued to current refund Series 1999 and Series 2002 Tax Exempt Bonds, in whole, and Series 2002 Taxable Bonds in part. Approximately 95% of the bonds are governmental activities debt and approximately 5% of the bonds are business-type activities debt. 113 June 1 December 1 June 1 Total 2017 $ 520,000 $ 770,700 $ 770,700 $ 2,061,400 $ 51,805,300 5.00% 2018 545,000 757,700 757,700 2,060,400 49,744,900 5.00 2019 570,000 744,075 744,075 2,058,150 47,686,750 5.00 2020 1,975,000 729,825 729,825 3,434,650 44,252,100 5.00 2021 2,065,000 680,450 680,450 3,425,900 40,826,200 5.00 2022 2,175,000 628,825 628,825 3,432,650 37,393,550 5.00 2023 2,280,000 574,450 574,450 3,428,900 33,964,650 5.00 2024 2,400,000 517,450 517,450 3,434,900 30,529,750 5.00 2025 2,520,000 457,450 457,450 3,434,900 27,094,850 5.00 2026 2,640,000 394,450 394,450 3,428,900 23,665,950 5.00 2027 2,780,000 328,450 328,450 3,436,900 20,229,050 5.00 2028 2,855,000 286,750 286,750 3,428,500 16,800,550 3.00 2029 2,945,000 243,925 243,925 3,432,850 13,367,700 3.00 2030 3,030,000 199,750 199,750 3,429,500 9,938,200 3.00 2031 3,125,000 152,406 152,406 3,429,812 6,508,388 3.13 2032 3,225,000 101,625 101,625 3,428,250 3,080,138 3.25 2033 930,000 49,219 49,219 1,028,438 2,051,700 3.25 2034 960,000 33,525 33,525 1,027,050 1,024,650 3.38 2035 990,000 17,325 17,325 1,024,650 - 3.38 38,530,000$ 7,668,350$ 7,668,350$ 53,866,700$ Original Authorization – $44,000,000 Issued – $39,020,000 Serial Bonds Date of Issue – April 1, 2015 Maturity Range – Serial Bonds: June 1, 2016 through June 1, 2035 Principal Payment Date – June 1 of each year Interest Payment Dates – June 1 and December 1 of each year Pledged Revenue – Utilities service tax revenues Denomination – N/A Call Features – Optional redemption for bonds maturing on or after June 1, 2026 at 100% Paying Agent – Commerce Bank Ratings – S&P: AA-, Moody's Aa3 Projects: The bonds were issued to refund a portion of the Utility Tax Revenue Bonds,Series 2007;to pay a portion of the Bond Anticipation Revenue Improvement Note,Series 2013;and,to finance the costs of rebuilding Fire Station No. 3 and certain beach amenity projects. City of Delray Beach, Florida Schedule of Utilities Tax Revenue Refunding and Improvement Bonds (Series 2015) Balance Outstanding at End of Fiscal Year Interest Rate Serial Bond PrincipalFiscal Year Ending Interest September 30 114 Fiscal Year Ending September 30 Principal Interest Total Balance Outstanding at End of Fiscal Year 2017 1,892,720$ 269,399$ $ 2,162,119 $ 10,145,689 2018 1,945,000 218,775 2,163,775 7,981,914 2019 1,985,316 166,699 2,152,015 5,829,899 2020 1,820,000 113,097 1,933,097 3,896,802 2021 1,880,000 68,716 1,948,716 1,948,086 2022 1,925,000 23,086 1,948,086 - 11,448,036$ 859,772$ 12,307,808$ Note: Includes allocable portion of business-type debt from the Revenue Bonds (Series 2000), Utility Tax Revenue Bonds (Series 2002), Revenue Refunding and Improvement Bonds (Series 2003) and Utility Tax Revenue Bonds (Series 2007). City of Delray Beach, Florida Combined Schedule of Water and Sewer Revenue Bonds 115 October 1 October 1 April 1 Total 2017 $ 170,000 $ 22,587 $ 19,204 $ 211,791 $ 1,063,608 3.98% 2018 180,000 19,204 15,622 214,826 848,782 3.98 2019 185,000 15,622 11,940 212,562 636,220 3.98 2020 195,000 11,940 8,060 215,000 421,220 3.98 2021 200,000 8,060 4,080 212,140 209,080 3.98 2022 205,000 4,080 - 209,080 - 3.98 1,135,000$ 81,493$ 58,906$ 1,275,399$ Original Authorization – $2,350,000 Issued – $2,350,000 Date of Issue – November 17, 2006 Maturity Range – Serial Bonds: October 1, 2007 through October 1, 2021 Principal Payment Date – October 1 of each year Interest Payment Dates – October 1 and April 1 of each year Pledged Revenue – Utility system net revenues Denomination – N/A Call Features – Penalty for early payment Paying Agent – SunTrust Bank Ratings – N/A Projects: Fiscal Year Ending September 30 Serial Bond Principal The bonds were issued to finance the City's share of the Reclaimed Water Treatment Project at the South Central Regional Wastewater Treatment Facility. City of Delray Beach, Florida Schedule of Water and Sewer Revenue Bonds (Series 2006B) Interest Balance Outstanding at End of Fiscal Year Interest Rate 116 October 1 October 1 April 1 Total 2017 $ 530,000 $ 37,294 $ 31,437 $ 598,731 $ 3,005,500 2.21% 2018 540,000 31,437 25,470 596,907 2,408,593 2.21 2019 555,000 25,470 19,337 599,807 1,808,786 2.21 2020 565,000 19,338 13,094 597,432 1,211,354 2.21 2021 585,000 13,094 6,630 604,724 606,630 2.21 2022 600,000 6,630 - 606,630 - 2.21 3,375,000$ 133,263$ 95,968$ 3,604,231$ Original Authorization – $5,430,000 Issued – $5,430,000 Date of Issue – September 29, 2011 Maturity Range – Serial Bonds: October 1, 2012 through October 1, 2021 Principal Payment Date – October 1 of each year Interest Payment Dates – October 1 and April 1 of each year Pledged Revenue – Utility system net revenues Denomination – None Call Features – 1% penalty for early payment Paying Agent – Branch Banking and Trust Company Ratings – N/A Projects: Fiscal Year Ending September 30 Serial Bond Principal The bonds were issued to finance the cost of refunding the Series 2006A Water and Sewer Revenue Bonds. City of Delray Beach, Florida Schedule of Water and Sewer Refunding Revenue Bonds (Series 2011A) Interest Balance Outstanding at End of Fiscal Year Interest Rate 117 October 1 October 1 April 1 Total 2017 $ 1,000,000 $ 69,946 $ 58,897 $ 1,128,843 $ 5,630,229 2.21% 2018 1,020,000 58,896 47,626 1,126,522 4,503,707 2.21 2019 1,035,000 47,625 36,189 1,118,814 3,384,893 2.21 2020 1,060,000 36,189 24,476 1,120,665 2,264,228 2.21 2021 1,095,000 24,476 12,376 1,131,852 1,132,376 2.21 2022 1,120,000 12,376 - 1,132,376 - 2.21 6,330,000$ 249,508$ 179,564$ 6,759,072$ Original Authorization – $8,160,000 Issued – $8,160,000 Date of Issue – October 18, 2011 Maturity Range – Serial Bonds: October 1, 2012 through October 1, 2021 Principal Payment Date – October 1 of each year Interest Payment Dates – October 1 and April 1 of each year Pledged Revenue – Utility system net revenues Denomination – N/A Call Features – 1% penalty for early payment Paying Agent – Branch Banking and Trust Company Ratings – N/A Projects: Fiscal Year Ending September 30 Serial Bond Principal The bonds were issued to refund the 2007 Water and Sewer Bond Issue. The 2007 Water and Sewer Bonds were issued for the purpose of funding the City's share of the Reclaimed Water Treatment Project and the Deepwell Project at the South Central Regional Wastewater Treatment Facility. City of Delray Beach, Florida Schedule of Water and Sewer Revenue Refunding Bonds (Series 2011B) Interest Balance Outstanding at End of Fiscal Year Interest Rate 118 Fiscal Year Ending September 30 Principal Interest Total Balance Outstanding at End of Fiscal Year 2017 $ 148,891 $ 7,299 $ 156,190 233,909$ 2018 152,078 4,114 156,192 77,717 2019 50,921 1,440 52,361 25,356 2020 24,978 378 25,356 - 376,868$ 13,231$ 390,099$ Schedule of installment agreements consists of the following: SunTrust Leasing – De Lage Landen Public Finance LLC – City of Delray Beach, Florida Schedule of Installment Agreements (Capital Leases) Original amount of principal—$825,000,84-month term,2.8546%interest, dates December 6,2012 through December 6,2018—public safety hardware and software. Original amount of principal—$140,100, 60-month term, 2.74% interest, dates October 1, 2016 through August 1, 2020—golf carts at Delray Beach Golf Course. 119 Principal Interest September 1 Sept. 1/Mar. 1 Total 2017 $ 1,090,000 $ 151,440 $ 1,241,440 $ 2,485,888 4.2982 - 5.9095 % 2018 1,140,000 103,184 1,243,184 1,242,704 4.2982 - 4.8000 2019 1,190,000 52,704 1,242,704 - 4.2982 - 4.8000 3,420,000 307,328$ 3,727,328$ with no fixed maturity 2,719,225 6,139,225$ Original Authorization – $9,715,000 (Series 1999A - Tax-exempt) – $10,000,000 (Series 2004A - Tax-exempt) – $4,000,000 (Series 2012 - Tax-exempt draw down bond) – $2,000,000 (Series 2015 - Tax-exempt draw down bond) Issued – $9,715,000 (Series 1999A - Tax-exempt) – $10,000,000 ($5,000,000 issued before September 30, 2004 and $5,000,000 issued from October 1, 2004 to December 31, 2004 - Series 2004A - Tax-exempt) – $2,669,225 draws to September 30, 2016 (Series 2012 - Tax-exempt) – $50,000 draws to September 30, 2016 (Series 2015 - Tax-exempt) Date of Issue – June 25, 1999 (1999 Series) – May 19, 2004 (2004 Series) – February 10, 2012 (2012 Series) – January 29, 2016 (2015 Series) Maturity Range – Serially September 1, 2001 through September 1, 2019 (Series 2004A&B and 1999A) Principal Payment Date – Series 1999A: September 1 of each year, commencing September 1, 2001 – Series 2004A: September 1 of each year, commencing September 1, 2005 – Series 2012: September 1 and April 1 of each year, commencing the first September 1 or April 1 after final draw – Series 2015: September 1 and April 1 of each year, commencing the first September 1 or April 1 after final draw Interest Rate – Series 1999A: 4.80% until September 1, 2019 – Series 2004A: 4.2982% until September 1, 2019 – Series 2012: 2.10% on outstanding balance commencing October 1, 2012 and 2.78% on outstanding balance commencing April 1, 2016 – Series 2015: 2.78% on outstanding balance commencing April 1, 2016 Pledged Revenue – Tax increment revenues Denomination – N/A Call Features – No penalty for early payment for taxable debt only Paying Agent/Registrar – Bank of America (Series 2004A & B and 1999A) – City National Bank of Florida (Series 2012) – City National Bank of Florida (Series 2015) Ratings – Not rated Project: The Series 2015, 2012, 2004A and 1999A proceeds were issued for the purpose of financing the costs of acquisition and construction of certain redevelopment projects. Fiscal Year Ending September 30 City of Delray Beach, Florida Combined Schedule of Community Redevelopment Agency Tax Increment Redevelopment Revenue Bonds (Series 1999, Series 2004, Series 2012 and Series 2015) Balance Outstanding at End of Fiscal Year Interest Rate Series 2012 and 2015 draws 120 Statistical Section 121 STATISTICAL SECTION This part of the City of Delray Beach comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the City’s overall financial health. Contents Page Financial Trends .........................................................................................................................................122 These schedules contain trend information to help the reader understand how the City’s financial performance and well-being have changed over time. Revenue Capacity.......................................................................................................................................136 These schedules contain information to help the reader assess the City’s most significant local revenue source, the property tax. Debt Capacity .............................................................................................................................................139 These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt and the City’s ability to issue additional debt in the future. Demographic and Economic Information ..................................................................................................143 These schedules offer demographic and economic indicators to help the reader understand the environment within which the City’s financial activities take place. Operating Information ................................................................................................................................145 These schedules contain service and infrastructure data to help the reader understand how the information in the City’s financial report relates to the services the City of Delray Beach provides and the activities it performs. Sources: Unless otherwise noted, the information in these schedules is derived from the comprehensive annual financial reports for the relevant year. CITY OF DELRAY BEACH, FLORIDA Net Position by Component Last Ten Fiscal Years Accrual Basis of Accounting 2007 2008 2009 2010 Governmental activities Net investment in capital assets 51,049,876$ 70,521,186$ 76,546,448$ 77,727,858$ Restricted 20,850,170 12,644,718 10,728,740 13,592,226 Un restricted 23,371,450 23,694,418 23,962,095 21,879,827 Total governmental activities net position 95,271,496$ 106,860,322$ 111,237,283$ 113,199,911$ Business-type activities Net investment in capital assets 54,782,750$ 65,505,859$ 66,198,545$ 69,465,739$ Restricted 7,038,221 6,658,262 1,592,060 7,116,700 Un restricted 40,529,960 38,161,102 43,117,847 39,543,220 Total business-type activities net position 102,350,931$110,325,223$ 110,908,452$ 116,125,659$ Primary government Net investment in capital assets 105,832,626$136,027,045$ 142,744,993$ 147,193,597$ Restricted 27,888,391 19,302,980 12,320,800 20,708,926 Un restricted 63,901,410 61,855,520 67,079,942 61,423,047 Total primary government net position 197,622,427$217,185,545$ 222,145,735$ 229,325,570$ Note: GASB Statement No. 68 was adopted for 2015 resulting in the reduction of unrestricted net position by approximately $74 million for net pension liabilities of the City's defined benefit pension plans. Fiscal Year 122 2011 2012 2013 2014 2015 2016 78,779,535$ 78,326,444$ 70,077,233$ 69,969,843$ 67,883,652$ 83,352,304$ 6,520,365 1,801,017 1,618,934 1,745,885 2,991,799 3,102,189 26,242,684 35,072,705 43,858,427 51,496,227 (6,748,871) (10,566,092) 111,542,584$ 115,200,166$ 115,554,594$ 123,211,955$ 64,126,580$ 75,888,401$ 69,465,739$ 76,043,338$ 79,245,276$ 85,086,776$ 88,760,143$ 97,070,159$ 7,116,700 4,620,831 4,428,595 2,222,394 3,880,165 3,572,645 39,543,220 43,705,842 46,849,014 49,393,057 50,522,734 53,312,727 116,125,659$ 124,370,011$ 130,522,885$ 136,702,227$ 143,163,042$ 153,955,531$ 148,245,274$ 154,369,782$ 149,322,509$ 155,056,619$ 156,643,795$ 180,422,463$ 13,637,065 6,421,848 6,047,529 3,968,279 6,871,964 6,674,834 65,785,904 78,778,547 90,707,441 100,889,284 43,773,863 42,746,635 227,668,243$ 239,570,177$ 246,077,479$ 259,914,182$ 207,289,622$ 229,843,932$ Fiscal Year 123 CITY OF DELRAY BEACH, FLORIDA Changes in Net Position Last Ten Fiscal Years Accrual Basis of Accounting 2007 2008 2009 2010 Expenses Governmental activities: General government 25,304,576$ 25,137,520$ 22,331,793$ 22,451,901$ Public safety 55,930,194 56,742,719 54,234,648 56,042,835 Physical environment 7,194,134 8,130,445 9,859,520 8,378,489 Parks and recreation 14,723,853 14,457,336 14,790,100 15,334,070 Interest on long-term debt 1,389,786 2,832,011 3,278,142 2,863,293 Total governmental activities expenses 104,542,543 107,300,031 104,494,203 105,070,588 Business-type activities: Water and Sewer 22,407,194 23,932,410 25,636,462 26,196,959 Municipal Golf Course 3,440,617 3,265,478 2,952,315 3,006,373 Lakeview Golf Course 748,549 704,782 744,544 669,681 City Marina 120,146 121,004 131,235 137,095 Sanitation 2,897,768 3,476,663 4,443,701 4,391,569 Stormwater Utility 1,331,003 1,506,764 1,390,004 1,490,446 Total business-type activities expenses 30,945,277 33,007,101 35,298,261 35,892,123 Total primary government expenses 135,487,820$ 140,307,132$ 139,792,464$ 140,962,711$ Program Revenues Governmental activities: Charges for services: General government 4,521,285$ 4,622,167$ 3,216,555$ 3,279,505$ Public safety 6,033,201 6,543,112 6,739,002 7,346,627 Physical environment 626,974 649,216 971,381 1,371,036 Parks and recreation 1,236,660 1,282,353 1,465,722 1,578,023 Operating grants and contributions: General government 3,165,420 3,945,992 4,645,288 4,930,159 Public safety 2,033,988 2,292,523 1,986,484 1,921,898 Physical environment 547,284 103,357 24,979 92,887 Parks and recreation 1,345,900 997,425 143,090 89,883 Capital grants and contributions: General government 1,383,440 622,993 848,436 598,366 Public safety - 749,250 200,900 - Physical environment - 8,250,000 40,977 160,346 Total governmental activities program revenues 20,894,152 30,058,388 20,282,814 21,368,730 Business-type activities: Charges for services: Water and Sewer 29,162,001 29,245,949 33,445,652 31,861,348 Municipal Golf Course 3,467,778 3,459,044 3,303,511 2,995,351 Lakeview Golf Course 853,654 681,561 749,367 666,964 City Marina 160,605 208,598 204,467 185,435 Sanitation 3,094,658 3,383,499 4,942,922 4,770,585 Stormwater Utility 2,097,527 2,090,146 2,095,636 2,105,069 Operating grants and contributions: Water and Sewer 951,487 2,595,258 1,092,926 386,822 Municipal Golf Course 182,796 43,969 37,040 43,671 Lakeview Golf Course 6,171 5,410 5,985 5,643 City Marina 491 884 35,653 9,997 Sanitation 115,040 417,250 130,030 780,500 Stormwater Utility 362,325 17,509 17,366 13,260 Capital grants and contributions: Water and Sewer 1,424,878 996,447 1,102,611 872,684 Municipal Golf Course - - - - Stormwater Utility - - - - Total business-type activities program revenues 41,879,411 43,145,524 47,163,166 44,697,329 Total primary government program revenues 62,773,563$ 73,203,912$ 67,445,980$ 66,066,059$ Net (expense)/revenue Governmental activities (83,648,391)$ (77,241,643)$ (84,211,389)$ (83,701,858)$ Business-type activities 10,934,134 10,138,423 11,864,905 8,805,206 Total primary government net expense (72,714,257)$ (67,103,220)$ (72,346,484)$ (74,896,652)$ Fiscal Year 124 2011 2012 2013 2014 2015 2016 18,350,964$ 19,076,155$ 18,456,193$ 23,014,006$ 18,050,754$ 22,968,532$ 56,586,070 54,742,173 57,249,952 58,417,444 62,013,271 65,918,444 7,559,512 7,638,881 8,110,979 7,984,163 8,143,146 7,714,515 15,647,602 15,241,008 24,399,517 15,370,063 13,400,031 13,311,802 2,701,776 2,551,029 2,414,349 2,090,947 3,259,673 2,229,468 100,845,924 99,249,246 110,630,990 106,876,623 104,866,875 112,142,761 29,558,007 25,957,121 24,799,536 24,462,318 24,335,317 24,467,001 2,976,846 2,932,249 3,060,771 3,073,076 2,934,725 3,098,149 676,158 614,895 605,393 575,059 556,711 566,898 136,955 122,499 80,426 93,963 94,090 88,509 4,293,784 4,640,061 4,686,520 4,677,510 6,326,114 3,748,162 1,677,612 1,694,769 1,660,899 1,476,036 1,631,007 1,546,867 39,319,362 35,961,594 34,893,545 34,357,962 35,877,964 33,515,586 140,165,286$ 135,210,840$ 145,524,535$ 141,234,585$ 140,744,839$ 145,658,347$ 3,623,718$ 5,651,807$ 5,566,254$ 6,104,202$ 7,583,178$ 7,378,380$ 7,022,063 7,842,116 8,046,157 7,971,996 8,912,161 9,031,132 1,419,279 1,605,704 1,753,619 1,985,081 2,048,277 2,063,648 1,726,011 2,011,941 1,766,249 1,860,432 2,125,935 1,825,824 2,529,998 3,432,599 3,035,452 4,031,439 3,711,327 960,763 1,844,661 2,362,428 2,280,986 2,162,469 2,717,267 2,604,202 - - 10,000 - - - 466,706 281,651 1,864,383 7,334,572 102,871 210,948 414,403 119,652 136,689 435,039 615,926 944,673 - - - - - - 18,424 37,408 3,963,421 120,248 - - 19,065,263 23,345,306 28,423,210 32,005,478 27,816,942 25,019,570 31,962,663 30,855,031 30,771,956 31,571,968 32,482,206 32,815,643 2,820,197 2,807,593 2,998,040 3,005,811 3,127,554 3,129,388 666,591 655,175 610,313 635,489 662,453 610,903 209,145 195,627 209,625 243,234 219,286 223,401 4,739,150 5,046,386 5,183,866 4,969,127 4,693,015 4,132,645 2,112,375 2,135,445 2,158,887 2,128,772 2,108,862 2,111,117 511,829 351,852 590,080 343,532 55,970 430,950 51,769 53,799 57,160 60,962 63,652 78,803 5,855 5,443 5,118 4,612 5,378 8,544 1,628 4,682 1,914 2,570 2,281 11,743 322,010 305,901 229,518 207,656 206,278 254,232 12,757 12,859 388 12,334 23,466 22,986 713,526 913,308 1,808,752 877,588 1,354,457 1,092,373 2,762 545 - - - - 72,644 - 60,101 48,442 13,294 - 44,204,901 43,343,646 44,685,718 44,112,097 45,018,152 44,922,728 63,270,164$ 66,688,952$ 73,108,928$ 76,117,575$ 72,835,094$ 69,942,298$ (81,780,661)$ (75,903,940)$ (82,207,780)$ (74,871,145)$ (77,049,933)$ (87,123,191)$ 4,885,539 7,382,052 9,792,173 9,754,135 9,140,188 11,407,142 (76,895,122)$ (68,521,888)$ (72,415,607)$ (65,117,010)$ (67,909,745)$ (75,716,049)$ Fiscal Year 125 CITY OF DELRAY BEACH, FLORIDA Changes in Net Position Last Ten Fiscal Years Accrual Basis of Accounting 2007 2008 2009 2010 General Revenues and Other Changes in Net Assets Governmental activities: Taxes: Property taxes 59,091,002$ 55,302,837$ 53,984,307$ 56,656,596$ Franchise fees 5,257,560 5,247,442 5,333,561 4,986,589 Utility service taxes 8,222,944 8,338,282 8,958,175 9,038,143 Sales taxes 1,438,613 1,365,552 1,308,213 1,301,502 Local business tax - - 789,705 616,861 Intergovernmental, unrestricted 6,927,534 6,532,854 5,917,818 5,763,694 Investment earnings 2,816,429 2,064,705 322,165 227,535 Gain on disposal of capital assets - - - - Miscellaneous 5,724,228 7,320,429 8,425,515 7,479,767 Transfers 3,716,720 2,659,368 3,547,891 3,593,799 Total governmental activities 93,195,030 88,831,469 88,587,350 89,664,486 Business-type activities Investment earnings 737,952 495,237 6,897 5,800 Gain on disposal of capital assets - - - - Transfers (3,716,720) (2,659,368) (3,547,891) (3,593,799) Total business-type activities (2,978,768) (2,164,131) (3,540,994) (3,587,999) Total primary government 90,216,262$ 86,667,338$ 85,046,356$ 86,076,487$ Changes in Net Position Governmental activities 9,546,639$ 11,589,826$ 11,833,506$ 1,962,628$ Business-type activities 7,955,366 7,974,292 8,323,911 5,217,207 Total primary government 17,502,005$ 19,564,118$ 20,157,417$ 7,179,835$ Fiscal Year 126 2011 2012 2013 2014 2015 2016 47,467,480$ 46,224,759$ 47,036,144$ 47,695,425$ 51,971,057$ 56,876,767$ 4,857,533 4,758,027 4,640,568 5,134,527 5,269,680 5,132,170 8,777,975 8,805,643 8,958,647 9,307,370 9,462,152 9,383,744 1,293,963 1,307,897 1,310,488 1,341,267 1,397,627 1,426,451 702,394 700,100 748,768 737,231 786,579 839,208 5,983,120 5,864,142 6,261,001 6,795,748 7,143,751 7,174,725 306,887 275,451 363,285 258,802 308,589 306,237 - - 2,240,888 - 29,100 37,765 7,022,162 8,307,853 7,725,615 7,533,386 12,793,025 16,829,794 3,711,820 3,317,650 3,685,290 3,724,750 3,562,620 878,151 80,123,334 79,561,522 82,970,694 82,528,506 92,724,180 98,885,012 29,609 77,359 90,795 132,999 270,617 248,146 - - - 16,958 - 15,352 (3,711,820) (3,317,650) (3,685,290) (3,724,750) (3,562,620) (878,151) (3,682,211) (3,240,291) (3,594,495) (3,574,793) (3,292,003) (614,653) 76,441,123$ 76,321,231$ 79,376,199$ 78,953,713$ 89,432,177$ 98,270,359$ (1,657,327)$ 3,657,582$ 762,914$ 7,657,361$ 15,674,247$ 11,761,821$ 1,203,328 4,141,761 6,197,678 6,179,342 5,848,185 10,792,489 (453,999)$ 7,799,343$ 6,960,592$ 13,836,703$ 21,522,432$ 22,554,310$ Fiscal Year 127 CITY OF DELRAY BEACH, FLORIDA Governmental Activities Tax Revenues by Source Last Ten Fiscal Years Accrual Basis of Accounting Utility Sales Local Fiscal Property Franchise Service and Use Business Year Taxes Fees Taxes Tax Tax (1)Total 2007 59,091,002$ 5,257,560$ 8,222,944$ 1,438,613$ -$ 74,010,119$ 2008 55,302,837 5,247,442 8,338,282 1,365,552 - 70,254,113 2009 53,984,307 5,333,561 8,958,175 1,308,213 789,705 70,373,961 2010 52,656,596 4,986,589 9,038,143 1,301,502 616,861 68,599,691 2011 47,467,480 4,857,533 8,777,975 1,293,963 702,394 63,099,345 2012 46,224,759 4,758,027 8,805,643 1,307,897 700,100 61,796,426 2013 47,036,144 4,640,568 8,958,647 1,310,488 748,768 62,694,615 2014 47,695,425 5,134,527 9,307,370 1,341,267 737,231 64,215,820 2015 51,971,057 5,269,680 9,462,152 1,397,627 786,579 68,887,095 2016 56,876,767 5,132,170 9,383,744 1,426,451 839,208 73,658,340 (1) Effective with the 2009 fiscal year, local business tax receipts (formerly occupational licenses) are no longer categorized as revenue from Fees and Permits. 128 CITY OF DELRAY BEACH, FLORIDA Fund Balances of Governmental Funds Last Ten Fiscal Years Modified Accrual Basis of Accounting 2007 2008 2009 2010 General fund Reserved 4,557,940$ 4,328,761$ 3,992,760$ 3,723,755$ Un reserved 18,828,235 18,593,915 19,747,589 20,337,823 Nonspendable: Inventories - - - - Prepaid items - - - - Long-term notes receivable - - - - Restricted for: Capital improvements - - - - Committed for: Economic development - - - - Assigned to: Encumbrances - - - - Subsequent year's budget - - - - Un assigned - - - - Total General Fund 23,386,175$ 22,922,676$ 23,740,349$ 24,061,578$ All other governmental funds Reserved 744,096$ 2,563,856$ 767,398$ 789,940$ Un reserved, reported in: Capital Project Funds 20,161,989 11,584,321 9,962,213 7,421,960 Special revenue funds 3,488,365 3,389,886 3,500,989 5,377,312 Nonspendable: Prepaid items - - - - Long-term notes receivable - - - - Restricted for: Debt service - - - - Law enforcement - - - - Capital improvements - - - - Community development - - - - Assigned to: Public safety - - - - Parks and recreation - - - - Capital improvements - - - - Un assigned Special Revenue Funds (deficit)- - - - Total all other governmental funds 24,394,450$ 17,538,063$ 14,230,600$ 13,589,212$ Note: GASB Statement No. 54 was adopted for 2011 resulting in the reclassification of the Governmental Funds fund balances. 129 2011 2012 2013 2014 2015 2016 -$ -$ -$ -$ -$ -$ - - - - - - 27,178 27,688 31,810 22,270 20,467 20,091 719,973 828,555 796,362 803,979 912,548 669,738 3,165,084 3,173,159 3,139,659 3,139,659 7,282,742 3,500 5,984 5,984 5,984 5,984 5,984 5,985 - 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 151,013 151,304 209,672 373,543 - - - 1,600,000 - - - 400,000 18,682,823 19,741,367 22,864,687 23,700,352 31,843,644 36,984,767 22,752,055$ 26,528,057$ 28,048,174$ 29,045,787$ 41,065,385$ 39,084,081$ -$ -$ -$ -$ -$ -$ - - - - - - - - - - - - 289 - - - 935 750 1,726,988 - - - - - 505,430 505,178 520,914 519,593 1,514,496 1,512,898 1,066,733 1,000,591 815,232 946,004 1,195,724 1,307,711 - 289,264 276,804 274,304 275,595 275,595 322,144 985,816 733,533 556,557 1,890,147 1,995,011 130,456 121,420 126,383 127,523 124,615 137,876 1,230,965 1,385,951 1,328,551 1,404,962 1,586,977 1,773,431 7,629,593 8,155,302 12,170,799 20,530,505 22,686,037 17,304,033 (640,364) - (11,483) - - - 11,972,234$ 12,443,522$ 15,960,733$ 24,359,448$ 29,274,526$ 24,307,305$ 130 CITY OF DELRAY BEACH, FLORIDA Changes in Fund Balances of Governmental Funds Last Ten Fiscal Years Modified Accrual Basis of Accounting 2007 2008 2009 2010 Revenues Taxes 74,010,119$ 65,006,671$ 65,040,400$ 63,613,102$ Licenses and permits 4,325,079 9,693,973 8,393,462 7,848,364 Intergovernmental 14,020,126 13,872,151 12,717,659 12,798,521 Charges for services 7,020,582 7,985,973 8,579,286 9,122,062 Fines and forfeitures 1,072,459 664,344 753,473 1,591,354 Miscellaneous 8,132,308 9,171,109 8,683,421 7,624,308 Total revenues 108,580,673 106,394,221 104,167,701 102,597,711 Expenditures Current General government 22,952,680 22,856,837 21,001,014 20,223,169 Public safety 53,662,961 55,274,605 54,034,021 55,750,747 Physical environment 5,355,092 5,981,177 7,253,871 5,695,353 Parks and recreation 12,460,242 12,302,491 12,491,281 13,044,535 Capital outlay 21,042,901 15,406,527 8,021,386 6,056,493 Debt service Principal retirement 11,345,356 4,543,545 4,553,835 3,357,533 Interest and other fiscal charges 2,373,627 2,987,110 3,134,074 2,873,815 Bond issue costs 353,104 25,365 - - Total expenditures 129,545,963 119,377,657 110,489,482 107,001,645 Excess of revenues over (under) expenditures (20,965,290) (12,983,436) (6,321,781) (4,403,934) Other financing sources (uses) Installment agreement issued - - 260,600 - Bonds issued 30,770,787 3,000,000 - - Bond anticipation note issued - - - - Proceeds from sale of capital assets 62,471 2,590 49,802 22,161 Redemption of bonds - - - - Transfers in 13,086,133 9,707,274 9,214,199 7,548,409 Transfers out (7,381,327) (7,046,314) (5,692,610) (3,486,795) Total other financing sources (uses)36,538,064 5,663,550 3,831,991 4,083,775 Net change in fund balances 15,572,774$ (7,319,886)$ (2,489,790)$ (320,159)$ Debt service as a percentage of non-capital expenditures 12.64%7.24%7.50%6.17% 131 2011 2012 2013 2014 2015 2016 58,241,812$ 57,038,399$ 58,054,047$ 59,081,293$ 63,617,415$ 68,526,170$ 7,957,960 9,534,404 9,281,304 10,431,335 12,124,145 11,364,551 10,824,485 11,940,820 13,451,822 20,324,228 13,675,216 10,950,638 9,418,571 11,132,277 11,300,477 11,357,851 12,148,312 12,468,984 1,272,073 1,202,914 1,191,070 1,267,052 1,666,774 1,597,619 7,285,098 8,550,807 8,130,876 7,900,378 14,592,475 17,785,403 94,999,999 99,399,621 101,409,596 110,362,137 117,824,337 122,693,365 17,848,375 17,900,248 17,639,897 21,181,580 18,948,238 23,125,406 55,095,307 53,017,993 54,885,089 56,479,283 61,070,530 65,947,616 4,849,851 4,950,217 5,427,738 5,474,282 5,828,266 5,557,126 12,874,379 12,759,647 21,758,749 12,942,976 11,718,153 11,936,500 4,758,088 4,360,188 5,367,587 7,184,219 7,950,057 9,839,169 3,490,360 3,734,924 6,932,904 5,489,848 14,676,629 11,197,870 2,723,863 2,574,191 2,423,784 2,128,407 2,157,085 2,350,249 - - 18,574 42,030 620,925 - 101,640,223 99,297,408 114,454,322 110,922,625 122,969,883 129,953,936 (6,640,224) 102,213 (13,044,726) (560,488) (5,145,546) (7,260,571) - 825,000 - - - - - - 2,629,000 8,810,000 42,285,456 - - - 11,799,612 6,190,036 1,799,244 - 1,903 1,727 889 - 934 790 - - - (8,767,970) (25,568,032) - 7,983,124 6,723,835 8,049,046 7,096,181 6,159,463 10,953,739 (4,271,304) (3,405,485) (4,396,496) (3,371,431) (2,596,843) (10,644,483) 3,713,723 4,145,077 18,082,051 9,956,816 22,080,222 310,046 (2,926,501)$ 4,247,290$ 5,037,325$ 9,396,328$ 16,934,676$ (6,950,525)$ 6.41%6.65%8.58%7.34%14.64%11.28% 132 CITY OF DELRAY BEACH, FLORIDA General Governmental Tax Revenues By Source Last Ten Fiscal Years Modified Accrual Basis of Accounting Utility Sales Local Fiscal Property Franchise Service and Use Business Year Taxes Fees (1)Taxes Tax Tax (2)Total 2007 59,091,002$ 5,257,560$ 8,222,944$ 1,438,613$ -$ 74,010,119$ 2008 55,302,837 - 8,338,282 1,365,552 - 65,006,671 2009 53,984,307 - 8,958,175 1,308,213 789,705 65,040,400 2010 52,656,596 - 9,038,143 1,301,502 616,861 63,613,102 2011 47,467,480 - 8,777,975 1,293,963 702,394 58,241,812 2012 46,224,759 - 8,805,643 1,307,897 700,100 57,038,399 2013 47,036,144 - 8,958,647 1,310,488 748,768 58,054,047 2014 47,695,425 - 9,307,370 1,341,267 737,231 59,081,293 2015 51,971,057 - 9,462,152 1,397,627 786,579 63,617,415 2016 56,876,767 - 9,383,744 1,426,451 839,208 68,526,170 (1) Effective with the 2008 fiscal year, franchise fees are categorized as revenue from Licenses and Permits in the governmental funds. (2) Effective with the 2009 fiscal year, local business tax receipts (formerly occupational licenses) are no longer categorized as revenue from Fees and Permits. 133 CITY OF DELRAY BEACH, FLORIDA Assessed Value and Estimated Actual Value of Taxable Property Last Ten Fiscal Years Fiscal Year Tax Ending Roll Real Personal Centrally Assessed September 30,Year Property Property Property Total 2007 2006 11,615,147,721$ 319,788,615$ 2,135,457$ 11,937,071,793$ 2008 2007 11,599,199,337 333,985,825 2,755,227 11,935,940,389 2009 2008 10,881,842,880 339,398,773 2,954,529 11,224,196,182 2010 2009 8,948,585,352 328,007,736 3,991,739 9,280,584,827 2011 2010 7,780,872,856 334,936,255 3,739,563 8,119,548,674 2012 2011 7,629,495,267 309,196,114 3,817,341 7,942,508,722 2013 2012 7,694,442,624 300,188,574 3,534,871 7,998,166,069 2014 2013 8,394,493,799 303,495,744 3,999,617 8,701,989,160 2015 2014 9,466,869,392 313,309,504 4,639,408 9,784,818,304 2016 2015 10,791,342,859 335,931,328 4,706,897 11,131,981,084 Note: The basis of just value is approximately one hundred percent (100%) of actual value. For each fiscal year ending September 30, property is valued as of January 1st of the preceding calendar year. Source: Palm Beach County Property Appraiser-Form DR-403F (Revised Recapitulation of the Ad Valorem Assessment Rolls of Delray Beach, Palm Beach County, Florida). Just Value 134 Less Estimated Total Taxable Assessed Tax Exempt Total Taxable Total Direct Actual Value as a % of Property Assessed Value Tax Rate Value Estimated Actual Value 3,574,481,397$ 8,362,590,396$ 7.3000 11,380,589,015$73.48% 3,243,881,789 8,692,058,600 6.5783 11,374,426,933 76.42% 3,074,589,654 8,149,606,528 6.8504 10,634,938,238 76.63% 2,270,466,355 7,010,118,472 7.7216 8,714,452,876 80.44% 1,869,880,655 6,249,668,019 7.7902 7,541,945,805 82.87% 1,793,453,521 6,149,055,201 7.8033 7,400,391,321 83.09% 1,791,146,696 6,207,019,373 7.8033 7,432,751,782 83.51% 2,107,124,944 6,594,864,216 7.5064 7,834,736,483 84.17% 2,545,422,652 7,239,395,652 7.4639 8,495,771,769 85.21% 3,156,786,813 7,975,194,271 7.3367 9,266,850,397 86.06% 135 CITY OF DELRAY BEACH, FLORIDA Property Tax Rates - Direct and Overlapping Governments Last Ten Fiscal Years Total Fiscal Year City of Special Ending Delray Taxing Total September 30,Beach Districts All 2007 6.8600 0.4400 7.3000 7.8720 4.2800 1.6670 21.1190 2008 6.1449 0.4334 6.5783 7.3560 3.9813 1.5140 19.4296 2009 6.3900 0.4604 6.8504 7.2510 3.9656 1.6215 19.6885 2010 7.1900 0.5316 7.7216 7.9830 4.5614 1.7691 22.0351 2011 7.1900 0.6002 7.7902 8.1539 4.9960 2.5552 23.4953 2012 7.1900 0.6133 7.8033 8.1800 4.9928 2.3436 23.3197 2013 7.1992 0.6041 7.8033 7.7780 4.9902 2.3154 22.8869 2014 7.1611 0.3453 7.5064 7.5859 4.9902 2.2800 22.3625 2015 7.1611 0.3028 7.4639 7.5940 4.9729 2.1732 22.2040 2016 7.0611 0.2756 7.3367 7.5120 4.9142 2.0974 21.8603 General Palm School BeachDebt Fund CountyServiceDistrict Tax rat limits - and debt service on obligations issued with the approval of those taxpayers Tax rate limits -Ten mills per Florida Statute 200.81 (one mill equals $1 per $1,000 of assessed valuation). Scope of tax rate limit -No municipality shall levy ad valorem taxes for real and tangible personal property in excess of ten mills of the assessed value, except for special benefits and debt service on obligations issued with the approval of those taxpayers subject to ad valorem taxes. Taxes assessed - January 1 Taxes due - March 31 Taxes delinquent - April 1 Discount allowed - 4% November; 3% December;2% January; 1% February Penalties for delinquent - 3% plus advertising costs after April 1 Tax collector - Palm Beach County Tax collector’s commission - None 136 CITY OF DELRAY BEACH, FLORIDA Principal Property Taxpayers Current Year and Nine Years Ago September 30, 2016 Taxable Percentage of Taxable Percentage of Assessed Taxes Total Taxes Assessed Taxes Total Taxes Valuation Levied Rank Levied Valuation Levied Rank Levied Florida Power and Light Co.95,860,360$ 703,299$ 1 1.20%-$ -$ -- Fairfield Spring Harbors LLC 63,214,652 463,787 2 0.79%- - -- Tenet Healthcare Corp 56,909,119 417,525 3 0.71%39,070,822 285,217 3 0.48% Granite Worthing LLC 55,625,441 408,107 4 0.70%- - -- Alta Congress Owner LLC 53,340,065 391,340 5 0.67%- - -- Citation Club Investors 51,738,896 379,593 6 0.65%38,064,658 277,872 4 0.47% Ocean Properties Ltd.43,558,935 319,579 7 0.55%33,342,055 243,397 6 0.41% Linton Delray LLC 43,081,283 316,074 8 0.54%49,065,479 358,178 2 0.61% Lifespace Communities Inc.36,097,870 264,839 9 0.45%- - - Morse Operations Inc.32,984,382 241,997 10 0.41%- - - MS LPC South Congress Holdings, LLC - - --70,630,137 515,600 1 0.87% Spring Harbor 288, LLC - - --35,460,137 258,859 5 0.44% Pineapple Grove Village, LLC - - --31,755,068 231,812 7 0.39% Life Care Retirement Communities, Inc.- - --30,884,795 225,459 8 0.38% Linton Lake Land Trust - - --24,604,521 179,613 9 0.30% 125 Via Deste Apartments Investors, LLC - - --23,969,452 174,977 10 0.30% Totals 532,411,003$ 3,906,140$ 6.67%376,847,124$ 2,750,984$ 4.65% Source: Palm Beach County Property Appraiser's Office Net Tax Levy: Fiscal Year 2016 58,512,469$ Fiscal Year 2007 59,150,165 City Millage Rate: Fiscal Year 2016 7.3367 Fiscal Year 2007 7.3000 2016 2007 137 CITY OF DELRAY BEACH, FLORIDA Property Tax Levies and Collections Last Ten Fiscal Years Collections Fiscal Year Percent as a Percent Ending of Levy of Current September 30,Collected Levy 2007 $59,150,165 $59,091,002 99.90%$- $59,091,002 99.90% 2008 55,452,218 55,213,846 99.57%88,991 55,302,837 99.73% 2009 54,234,643 53,745,390 99.10%238,917 53,984,307 99.54% 2010 52,477,859 52,183,869 99.44%472,727 52,656,596 100.34% 2011 46,416,830 46,950,920 101.15%516,560 47,467,480 102.26% 2012 46,543,434 46,080,286 99.00%144,473 46,224,759 99.32% 2013 47,610,690 46,571,308 97.82%464,836 47,036,144 98.79% 2014 54,077,708 47,556,686 87.94%138,739 47,695,425 88.20% 2015 58,557,569 51,884,261 88.60%86,796 51,971,057 88.75% 2016 58,512,469 56,283,096 96.19%593,671 56,876,767 97.20% Note: All property taxes are assessed and collected by Palm Beach County without charge to the City. Collections are distributed in full as collected. *Total Tax Levy for fiscal year are shown net of allowance for discounts for years 2007-2013 and gross for 2014-2016. Source: Palm Beach County Tax Collector Total Net Tax Delinquent Property Tax TaxTax Current Levy*CollectionsCollectionsCollections 138 CITY OF DELRAY BEACH, FLORIDA Ratios of Outstanding Debt by Type Last Ten Fiscal Years Total Obligation Obligation Debt as a General Under Capital Under Total Percentage Debt Fiscal Obligation Revenue Installment Revenue Appreciation Installment Primary of Personal Per Year Bonds Bonds Agreements Bonds Bonds Agreements Government Income Capita 2007 36,045,000$ 17,491,783$ 774,922$ 39,647,694$ 6,828,176$ 99,774$ 100,887,349$ 3.36%1,568$ 2008 33,980,000 38,550,798 445,551 47,533,675 7,580,901 173,843 128,264,768 3.61%1,997 2009 31,760,000 39,524,722 148,082 42,654,753 8,377,883 112,203 122,577,643 3.25%1,922 2010 29,465,000 37,405,774 268,795 37,398,701 9,062,171 136,681 113,737,122 3.22%1,879 2011 27,090,000 36,499,201 192,835 32,179,828 9,774,887 97,245 105,833,996 5.18%1,740 2012 24,605,000 35,558,216 128,460 26,271,178 7,789,967 64,782 94,417,603 3.29%1,535 2013 22,081,834 35,216,172 803,924 23,717,698 8,496,031 31,410 90,347,069 3.15%1,462 2014 17,970,000 47,875,872 503,906 15,396,205 - - 81,745,983 2.70%1,266 2015 16,435,000 54,939,822 386,854 13,761,371 - - 85,523,047 2.78%1,278 2016 14,845,000 45,259,291 267,429 11,448,036 - 109,439 71,929,195 2.34%1,124 Governmental Activities Business-type Activities 139 CITY OF DELRAY BEACH, FLORIDA Ratios of General Bonded Debt Outstanding Last Ten Fiscal Years Less:Debt as a Amounts Percentage Available Assessed of Assessed General General in Debt Value Value of Bonded Fiscal Obligation Service of Taxable Taxable Debt Per Year Bonds Fund Total Property Property Population Capita 2007 36,045,000$ -$ 36,045,000$ 8,362,590,396$ 0.43%64,360 560.05$ 2008 33,980,000 - 33,980,000 8,692,058,600 0.39%64,220 529.12 2009 31,760,000 - 31,760,000 8,149,606,528 0.39%63,789 497.89 2010 29,465,000 - 29,465,000 7,010,118,472 0.42%60,522 486.85 2011 27,090,000 - 27,090,000 6,249,668,019 0.43%60,831 445.33 2012 24,605,000 - 24,605,000 6,149,055,201 0.40%61,495 400.11 2013 22,081,834 - 22,081,834 6,207,019,373 0.36%61,801 357.31 2014 17,970,000 - 17,970,000 6,594,864,216 0.27%64,582 278.25 2015 16,435,000 - 16,435,000 7,239,395,652 0.23%66,904 245.65 2016 14,845,000 - 14,845,000 7,975,194,271 0.19%63,972 232.05 Note: The basis of assessed value is approximately one hundred percent (100%) of actual value. For each fiscal year ending September 30, property is valued as of January 1st of the preceding calendar year. 140 CITY OF DELRAY BEACH, FLORIDA Direct and Overlapping Governmental Activities Debt September 30, 2016 Direct: City of Delray Beach $60,371,720 100.00%$60,371,720 Overlapping: Palm Beach County 122,760,000 5.07%6,223,932 Palm Beach County School District Capital Outlay Bond 16,930,000 4.83%817,719 Certificates of Participation 1,541,963,000 4.83%74,476,813 Total overlapping debt 1,681,653,000 81,518,464 Total direct and overlapping debt $1,742,024,720 $141,890,184 Population 63,972 Total direct and overlapping debt per capita $2,218.00 (1) Estimates based on 2015 ratio of assessed taxable values. Note: The City of Delray Beach has no legal debt margin. Source: Finance Department, City of Delray Beach, Florida Palm Beach County Property Appraiser School Board of Palm Beach County Overlapping debt is the proportionate share of the debt of local jurisdictions located in part within the City limits. This schedule is intended to demonstrate the total debt City property tax payers will be expected to pay.The amount of debt applicable to the City is computed by (a)determining wh at portion of total assessed value of the overlapping jurisdiction lies within the limits of the City and (b)applying this percentage to the total governmental activities debt of the overlapping jurisdiction. Total Outstanding Percentage Applicable to City of Delray Beach(1) Amount Applicable to City of Delray Beach 141 CITY OF DELRAY BEACH, FLORIDA Water and Sewer Pledged Revenue Coverage Last Ten Fiscal Years Fiscal Year 2007 (3)30,747,711$ 20,432,772$ 10,314,939$ 5,338,475$ 1.93 2008 (3)30,315,366 17,953,965 12,361,401 5,584,116 2.21 2009 (3)34,538,578 18,981,078 15,557,500 5,945,074 2.62 2010 32,248,170 19,324,309 12,923,861 5,936,276 2.18 2011 32,495,880 19,213,153 13,282,727 5,950,563 2.23 2012 31,259,498 19,706,178 11,553,320 5,351,049 2.16 2013 31,418,727 18,806,440 12,612,287 5,882,394 2.14 2014 31,418,727 18,806,440 12,612,287 5,882,394 2.14 2015 (4)32,717,661 19,392,578 13,325,083 434,399 30.67 2016 33,402,805 19,693,777 13,709,028 2,057,854 6.66 (1) Includes interest revenue and rents (does not include capital contributions). (2) Excludes depreciation expense, interest expense and amortization expense. (3) Excludes expenses totaling $3,437,756, $8,053,985 and $3,085,995 in Fiscal Years 2007 through 2009, respectively. These amounts reflect expenses for the South Central Regional Wastewater Treatment and Disposal Board (SCRWTBD), a joint venture between the City and Boynton Beach, which relate to projects funded by bond proceeds. (4) Reduction of debt service for 2015 and thereafter due to final payment on October 1, 2014 for the Series 1993 Capital Appreciation Bonds. Current Coverage Gross Revenue (1) Operating Expenses (2) Revenue Available for Debt Coverage Current Debt Service 142 CITY OF DELRAY BEACH, FLORIDA Principal Employers Current Year and Nine Years Ago Percentage Percentage of Total of Total City City Employer Employees Rank Employment Employees Rank Employment Delray Medical Center 1,600 1 4.53%1,500 2 4.44% Palm Beach County School District 1,034 2 2.93%- -- Lifespace Communities 873 3 2.47%- -- City of Delray Beach 813 4 2.30%- -- Publix Supermarkets 720 5 2.04%754 3 2.23% Palm Beach County 520 6 1.47%- -- Ed Morse Delray Toyota & Scion 450 7 1.27%- -- Home Depot 318 8 0.90%357 8 1.06% South County Mental Health Center 313 9 0.89%- -- Annco Services 300 10 0.85%- -- Office Depot - --2,620 1 7.75% Addison Reserve Main Gate - --500 4 1.48% Jetflite Inc - --425 5 1.26% Levenger - --401 6 1.19% Hardrives of Delray, Inc.- --365 7 1.08% Delray Lincoln Mercury - --350 9 1.03% Alcohol Treatment Center - --301 10 0.89% Totals 6,941 19.65%7,573 22.41% Note: Total Employment, Delray Beach 2016:35,305 Source: Business Development Board of Palm Beach County. Fiscal Year 2016 Fiscal Year 2007 143 CITY OF DELRAY BEACH, FLORIDA Demographic and Economic Statistics Last Ten Fiscal Years Estimated Per Capita Total Unemploy- Fiscal City County Personal Personal Median School ment Year Population(1)Population(1)Income(2)Income(3)Age(1)Enrollment(4)Rate(1) 2007 64,360 1,295,033 46,630$ 3,001,106,800$ 38.1 7,839 3.6% 2008 64,220 1,294,654 55,311 3,552,072,420 42.5 7,807 5.8% 2009 63,789 1,287,344 59,147 3,772,927,983 43.2 7,945 11.5% 2010 60,522 1,286,461 58,358 3,531,942,876 43.5 7,945 12.3% 2011 60,831 1,325,743 33,610 2,044,529,910 45.4 7,893 10.9% 2012 61,495 1,335,415 46,641 2,868,188,295 45.5 7,745 8.7% 2013 61,801 1,345,652 46,434 2,869,667,634 45.5 7,745 7.0% 2014 62,700 1,360,238 48,224 3,023,644,800 45.7 8,059 6.4% 2015 63,175 1,378,417 48,706 3,077,016,712 45.1 7,760 6.4% 2016 63,972 1,391,741 49,193 3,146,993,941 44.9 7,473 4.4% Data Sources: (1) Business Development Board of Palm Beach County. Median Age for 2011 to current is for the City of Delray Beach, Florida. Prior years data is for Palm Beach County. (2) Bureau of Economic Analaysis Per Capita Personal Income for the current fiscal year is estimated at a 1% growth rate from the previous year. (3) Estimated based on County per capita personal income and City population. (4) The School Enrollment is from the Palm Beach County School Board. 144 CITY OF DELRAY BEACH, FLORIDA Full-time Equivalent Government Employees by Function Last Ten Fiscal Years 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 General Government 71 71 69 68 68 67 67 59 62.5 72.5 Public Safety Community Improvement 5 4.5 5 5 5 5 5 5 7.5 6 Planning & Zoning 17 16 16 16 16 16 16 12.5 14 15 Building Inspection 23 21 20 20 20 20 20 16 14 19 Code Compliance 17 17 18 17 17 17 17 15 18.5 18 Law Enforcement 238 238 236 242 242 239 229 225 212.5 216.5 Fire Control 154 154 154 154 156 155 160 157 173 182.5 Community Development Block Grant 7 7.5 7 7 7 7 7 6 5 9.5 Insurance 4 4 4 4 4 4 4 4 3 4 City Garage 12 12 12 12 12 12 12 12 10 13 Physical Environment Public Works 25 25.5 25.5 25.5 25.5 25.5 25.5 27 21.5 20.5 Engineering 8 7 7 7 7 7 7 7 6 6 Sanitation 4 4 4 4 4 4 4 4 4 4 Stormwater Utility 6 6 6 6 6 6.5 6.5 6 5 7 Parks and Recreation 114 115 113 113 112 110 105 136 110.5 105 Water & Sewer Utility 117 117.5 117.5 116.5 116.5 118 118 117 111 114 Total 822 820 814 817 818 813 803 808.5 778 812.5 Fiscal Year 145 CITY OF DELRAY B EACH, FLORIDA Capital Asset Statistics by Function Last Ten Fiscal Years Function 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Public Safety Police Stations 3 2 3 3 3 3 3 3 3 3 Patrol units 159 163 219 219 217 208 181 201 209 212 Fire Fire stations (1)6 6 6 6 6 6 6 6 6 6 Fire trucks 16 16 16 15 16 12 10 10 9 9 ALS rescue vehicles 9 9 9 9 9 9 9 9 9 9 Leisure Services Ballfields - lighted 15 15 15 16 16 16 15 15 15 15 Basketball courts 5 5 5 5 5 5 5 5 5 5 Football/Soccer fields (2)7 7 7 7 7 7 7 7 7 7 Tennis courts 47 47 47 48 48 48 48 48 48 48 Parks 17 17 17 17 22 22 22 22 23 24 Roads and Streets Lane miles (3)299 305 305 305 314 314 321 321 308 308 Sources: City of Delray Beach departments The following data is not available: Sanitation - Garbage/Trash Trucks Roads & Streets - Street lights Water/Sewer Utility - Water Mains/Sanitary sewers/Storm Sewers (all by miles) - Fire hydrants (1) The total number of Fire Stations includes Highland Beach where the City provides Fire and EMS Service. (2) Soccer is played on the footbal fields. There are no separate soccer fields. (3) The number of lane miles was provided by the City's Engineering Department for 2007. Later years are based on the newly installed GIS system which provides a more accurate figure for reporting purposes. Fiscal Year 146 CITY OF DELRAY BEACH, FLORIDA Operating Indicators by Function Last Ten Fiscal Years Function 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Public Safety Police Physical arrests 3,108 3,161 2,534 2,331 2,620 2,342 2,068 2,012 2,014 1,793 Traffic violations 10,962 10,882 11,249 11,443 11,314 12,393 10,135 10,913 19,702 19,703 Fire Number of calls 11,772 12,410 11,905 11,960 12,008 12,282 13,171 13,406 13,255 12,136 Parks and Recreation Library Circulation 257,656 270,590 274,611 257,950 252,179 237,755 234,029 226,938 191,759 187,400 Programs offered 1,112 1,287 1,224 1,284 1,145 1,194 975 808 791 756 Program attendance 32,852 35,116 33,770 29,237 24,021 25,905 25,052 23,055 24,488 22,232 Leisure Services Youth athletic participants 10,597 19,537 20,965 18,125 17,837 24,389 20,238 38,220 35,638 29,573 Camp program participants 625 561 699 395 352 384 525 382 2,021 1,845 Class participants 15,093 19,662 24,700 22,756 28,328 36,556 54,839 59,342 50,747 49,786 Water/Sewer Utility Water customers 20,963 21,056 21,156 21,320 21,407 21,596 21,795 22,010 22,132 22,212 Water main breaks None 434 442 476 408 442 401 374 477 373 Sewer customers 20,900 21,006 21,088 21,225 21,093 20,935 20,950 20,505 20,784 20,329 Sewer main breaks N/A 4 3 2 - 3 - - - 1 Avg daily water consumption (thousands of gallons)11,602 10,040 10,944 11,643 11,356 10,953 11,029 10,925 11,000 11,759 Sources: City departments/Delray Beach Public Library The following data is not available: Public Safety - Parking violations Sanitation - Refuse & Recyclables collected (tons) Roads & Streets - Street Resurfacing (miles)/Pot holes Repairs N/A Information is not available Fiscal Year 147 Compliance Section 148 Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards To the Honorable Mayor and City Commission City of Delray Beach, Florida We have audited, in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund,and the aggregate remaining fund information of the City of Delray Beach, Florida (the “City”), as of and for the year ended September 30, 2016, and the related notes to the financial statements, which collectively comprise the basic financial statements of the City, and have issued our report thereon dated April 24, 2017. Our report includes a reference to other auditors who audited the financial statements of the Police and Firefighters’Retirement System Fund, a fiduciary fund of the City,and the Delray Beach Downtown Development Authority, a discretely p resented component unit of the City, as described in our report on the financial statements of the City. The financial statements of the Police and Firefighters’ Retirement System Fund were not audited in accordance with Government Auditing Standards, and accordingly, this report does not include reporting on internal control over financial reporting or instances of reportable noncompliance associated with the Police and Firefighters’ Retirement System Fund.This report does not include the results of the other auditor’s testing of internal control over financial reporting or compliance and other matters for the Delray Beach Downtown Development Authority that are reported on separately by the other auditor. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the internal control over financial reporting (internal control) of the City, to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the internal control of the City. Accordingly, we do not express an opinion on the effectiveness of the internal control of the City. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. We did identify certain deficiencies in internal control, described in the accompanying schedule of findings and questioned costs as items 2016-001 and 2016-002 that we consider to be significant deficiencies. CALER, DONTEN, LEVINE, COHEN, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR , CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 MEMBERS LOUIS M COHEN, CPA WEST PALM BEACH, FL 33401-5948 AMERICAN INSTITUTE OF JOHN C COURTNEY, CPA , JD CERTIFIED PUBLIC ACCOUNTANTS DAVID S DONTEN, CPA TELEPHONE (561) 832-9292 JAMES B HUTCHISON, CPA FAX (561) 832-9455 FLORIDA INSTITUTE OF JOEL H LEVINE, CPA CERTIFIED PUBLIC ACCOUNTANTS JAMES F MULLEN, IV, CPA info@cdlcpa com MICHAEL J NALEZYTY, CPA THOMAS A PENCE, JR , CPA SCOTT L PORTER, CPA MARK D VEIL, CPA 149 Compliance and Other Matters As part of obtaining reasonable assurance about whether the financial statements of the City are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We also noted certain additional matters that we reported to those charged with governance in a separate management letter dated April 24, 2017. City’s Responses to Findings The responses by City management to findings 2016-001 and 2016-002 identified in our audit are described in the Views of Responsible Officials and Planned Corrective Actions in the accompanying schedule of findings and questioned costs. The responses by the City were not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on those responses. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. West Palm Beach, Florida April 24, 2017 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Fiscal Year Ended September 30, 2016 Grant Number/ Grantor /CFDA Pass-through Entity Program Title Number Identifying Number Federal Awards U.S. Department of Housing and Urban Development Direct Award Community Development Block Grants/Entitlement Grants 14.218 B-10-MC-12-0033 $35,000 $- Community Development Block Grants/Entitlement Grants 14.218 B-14-MC-12-0033 199,070 1,750 Community Development Block Grants/Entitlement Grants 14.218 B-15-MC-12-0033 284,671 56,250 Total U.S. Department of Housing and Urban Development 518,741 58,000 U.S. Department of Interior Pass-through Award from the State of Florida Department of Environmental Protection Clean Vessel Act Grant Program 15.616 V-29-F12AP00551 9,513 - Total U.S. Department of Interior 9,513 - U.S. Department of Justice Bureau of Justice Assistance Direct Awards Edward Byrne Memorial Justice Assistance Grant Program 16.738 2015-DJ-BX-1014 34,516 - Total U.S. Department of Justice 34,516 - U.S. Department of Transportation Pass-through Award from the State of Florida Department of Transportation Highway Planning and Construction 20.205 AQM - 22 12,800 - Delray Beach Police Speed/Aggressive Driving Enforcement Program 20.600 G0531 27,926 - Total U.S. Department of Transportation 40,726 - U.S. Department of Homeland Security Federal Emergency Management Agency Direct Award Staffing for Adequate Fire and Emergency Response (SAFER) 97.083 EMW-2013-FH-00146 501,732 - Pass-through Award from Florida Division of Emergency Management Homeland Security Preparedness Technical Assistance Program 97.067 17-DS-P4-10-60-02-216 14,840 - Total U.S. Department of Homeland Security 516,572 - Total Federal Awards $1,120,068 $58,000 Subrecipients Transfers to Expenditures 2016 Program See notes to schedule of expenditures of federal awards. 150 City of Delray Beach, Florida Notes to Schedule of Expenditures of Federal Awards September 30, 2016 151 1. Basis of Presentation The accompanying Schedule of Expenditures of Federal Awards (the “Schedule”) includes the Federal grant activity of the City of Delray Beach, Florida (the “City”), under programs of the Federal government for the year ended September 30, 2016. The information in the Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position or changes in net position, or cash flows of the City. Expenditures of State financial assistance for the year ended September 30, 2016 did not exceed the $750,000 threshold for a State Single Audit. 2. Summary of Significant Accounting Policies Expenditures reported on the Schedule are reported on the modified accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. 3. Indirect Cost Rate The City has elected to use the 10% de minimus indirect cost rate as allowed under the Uniform Guidance. 4. Contingency Amounts received or receivable from grantor agencies are subject to audit and adjustment by those agencies. Any disallowed claims, including amounts already received, might constitute a liability of the City for the return of those funds. In the opinion of management, all grant expenditures were in substantial compliance with the terms of the grant agreements and applicable Federal statutes and regulations. 152 Independent Auditor’s Report on Compliance for Each Major Federal Program and on Internal Control Over Compliance Required by the Uniform Guidance To the Honorable Mayor and City Commission City of Delray Beach, Florida Report on Compliance for Each Major Federal Program We have audited the compliance of the City of Delray Beach, Florida (the “City”),with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major Federal programs for the year ended September 30, 2016. The City’s major Federal programs are identified in the summary of auditor’s results section of the accompanying Schedule of Findings and Questioned Costs. Management’s Responsibility Management is responsible for compliance with Federal statutes, regulations, and the terms and conditions of its Federal awards applicable to its Federal programs. Auditor’s Responsibility Our responsibility is to express an opinion on compliance for each of the City’s major Federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with U.S. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards,issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major Federal program occurred.An audit includes examining, on a test basis, evidence about the City’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major Federal program.However, our audit does not provide a legal determination of the City’s compliance. Opinion on Each Major Federal Program In our opinion, the City of Delray Beach, Florida, complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major Federal programs for the year ended September 30, 2016. CALER, DONTEN, LEVINE, COHEN, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR , CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 MEMBERS LOUIS M COHEN, CPA WEST PALM BEACH, FL 33401-5948 AMERICAN INSTITUTE OF JOHN C COURTNEY, CPA , JD CERTIFIED PUBLIC ACCOUNTANTS DAVID S DONTEN, CPA TELEPHONE (561) 832-9292 JAMES B HUTCHISON, CPA FAX (561) 832-9455 FLORIDA INSTITUTE OF JOEL H LEVINE, CPA CERTIFIED PUBLIC ACCOUNTANTS JAMES F MULLEN, IV, CPA info@cdlcpa com MICHAEL J NALEZYTY, CPA THOMAS A PENCE, JR , CPA SCOTT L PORTER, CPA MARK D VEIL, CPA 153 Report on Internal Control Over Compliance Management of the City of Delray Beach, Florida, is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City’s internal control over compliance with the types of requirements that could have a direct and material effect on each major Federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major Federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a Federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a Federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a Federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. West Palm Beach, Florida April 24, 2017 CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL AWARD PROGRAMS For the Fiscal Year Ended September 30, 2016 154 SECTION I -SUMMARY OF AUDITOR’S RESULTS Financial Statements Type of auditor’s report issued: Internal control over financial reporting: Material weakness(es) identified? Significant deficiencies identified? Noncompliance material to financial statements noted? Unmodified Opinion Yes X No X Yes None reported Yes X No Federal Award Programs Internal control over major Federal Award Programs: Material weakness(es) identified? Significant deficiencies identified? Type of auditor’s report issued on compliance for major Federal Award Programs: Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? Yes X No Yes X None reported Unmodified Opinion Yes X No Identification of Major Programs: Major Federal Award Programs CFDA No. U.S. Department of Housing and Urban Development Direct Award Community Development Block Grants/Entitlement Grants Dollar threshold used to distinguish between Type A and Type B Federal award programs: Auditee qualified as low-risk auditee? 14.218 $ 750,000 X Yes No CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL AWARD PROGRAMS (Continued) For the Fiscal Year Ended September 30, 2016 155 SECTION II -FINANCIAL STATEMENT FINDINGS Finding Number Finding 2016-001 SIGNIFICANT DEFICIENCIES Bank Reconciliations Criteria: Bank reconciliations should be prepared and reviewed on a timely basis and reconciling items should be promptly investigated and substantiated. Condition: There was a delay of several months in reconciling the City’s bank accounts during the last quarter of the fiscal year. There were also a number of reconciling items listed on the bank reconciliations that represented cash received by the City that was not yet posted to the general ledger at September 30, 2016. None of the items we noted on the bank reconciliations indicated that any City funds were missing or unaccounted for at September 30, 2016.The bank reconciliation for the pooled cash account at September 30, 2016 did not agree to the general ledger due to an erroneous journal entry that was corrected following our inquiry. Cause: Turnover of accounting personnel in the Finance Department appeared to be the cause of the delay in reconciling the bank accounts and following up on the items that were not yet posted to the general ledger. Effect:Bank reconciliations are a critical internal control over financial reporting that ensures the completeness and accuracy of financial information and the safeguarding of the City’s assets. When bank reconciliations are not performed and reviewed on a timely basis, there is an increased risk that significant financial reporting errors or misstatements may not be identified and corrected in a timely manner. Recommendation: We recommend that bank reconciliations be prepared and reviewed in a timely manner, generally within 30 days of month end. The reconciling items for amounts already deposited in the bank should be immediately investigated by Finance staff and posted to the general ledger. Generally, all reconciling items should be cleared within a reasonable time, such as 60 to 90 days. Views of Responsible Officials and Planned Corrective Actions: Management agrees with the finding. The City will perform the bank reconciliations on a monthly basis to ensure the accuracy and completeness of cash balances. Reconciling items will be clearly identified and researched and cleared by the following month. In addition, all bank reconciliations will be properly reviewed and signed off by the supervisory Finance department staff within 30 days of the month-end to ensure that the reconciled balances agree to the general ledger. CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL AWARD PROGRAMS (Continued) For the Fiscal Year Ended September 30, 2016 156 SECTION II -FINANCIAL STATEMENT FINDINGS (Continued) Finding Number Finding 2016-002 SIGNIFICANT DEFICIENCIES (Continued) General Employees’ Pension Plan Reconciliations Criteria: Policies and procedures should be in place to ensure transactions are properly recorded on a timely basis and closing procedures should be performed each month sufficient to produce accurate and reliable financial information. Condition: We noted that certain investment accounts for the General Employees’ Pension Plan were not reconciled and in agreement with the City’s general ledger at September 30, 2016 and some accounts had the same balance at September 30, 2016 as the prior year. Cause: There were no formal closing procedures or account reconciliations prepared for the General Employees’ Pension Fund at September 30, 2016. Effect: Lack of monthly account reconciliations increases the risk that significant financial reporting errors or misstatements may not be identified and corrected in a timely manner. Recommendation:We recommend that the City follow formal monthly closing procedures to ensure the investment activity for the General Employees’ Pension Fund is accurately reconciled to the general ledger and that the reconciliations are reviewed and approved monthly by the Finance Director.In addition, the year-end reconciliation should include any market value adjustments necessary for the investment and related income accounts. Views of Responsible Officials and Planned Corrective Actions: Management agrees with the finding. The City will ensure that all the General Employees’ Pension statements are reconciled to the general ledger accounts, reviewed and signed off by Supervisory Finance department staff on a monthly basis. At year-end, the City will make the year-end journal entries including market value adjustments and accruals to properly adjust the year-end balances. CITY OF DELRAY BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL AWARD PROGRAMS (Continued) For the Fiscal Year Ended September 30, 2016 157 SECTION III -FEDERAL AWARD PROGRAMS FINDINGS AND QUESTIONED COSTS None SECTION IV -OTHER MATTERS A Summary Schedule of Prior Audit Findings is not required because there were no prior audit findings reported. 158 CORRECTIVE ACTION PLAN The City of Delray Beach, Florida, respectfully submits the following corrective action plan for the fiscal year ended September 30, 2016. The findings from the Schedule of Findings and Questioned Costs for the year ended September 30, 2016,are discussed below. The findings are numbered consistently with the number assigned in the schedule of findings and questioned costs. A. FINDINGS AND QUESTIONED COSTS –FINANCIAL STATEMENT FINDINGS Finding Number Finding 2016-001 SIGNIFICANT DEFICIENCIES Bank Reconciliations Criteria: Bank reconciliations should be prepared and reviewed on a timely basis and reconciling items should be promptly investigated and substantiated. Condition: There was a delay of several months in reconciling the City’s bank accounts during the last quarter of the fiscal year. There were also a number of reconciling items listed on the bank reconciliations that represented cash received by the City that was not yet posted to the general ledger at September 30, 2016. None of the items we noted on the bank reconciliations indicated that any City funds were missing or unaccounted for at September 30, 2016. The bank reconciliation for the pooled cash account at September 30, 2016 did not agree to the general ledger due to an erroneous journal entry that was corrected following our inquiry. Cause: Turnover of accounting personnel in the Finance Department appeared to be the cause of the delay in reconciling the bank accounts and following up on the items that were not ye t posted to the general ledger. Effect:Bank reconciliations are a critical internal control over financial reporting that ensures the completeness and accuracy of financial information and the safeguarding of the City’s assets. When bank reconciliations are not performed and reviewed on a timely basis, there is an increased risk that significant financial reporting errors or misstatements may not be identified and corrected in a timely manner. Recommendation: We recommend that bank reconciliations be prepared and reviewed in a timely manner, generally within 30 days of month end. The reconciling items for amounts already deposited in the bank should be immediately investigated by Finance staff and posted to the general ledger. Generally, all reconciling items should be cleared within a reasonable time, such as 60 to 90 days. Action Taken: The City will perform the bank reconciliations on a monthly basis to ensure the accuracy and completeness of cash balances. Reconciling items will be clearly identified and researched and cleared by the following month. In addition, all bank reconciliations will be properly reviewed and signed off by the supervisory Finance department staff within 30 days of the month-end to ensure that the reconciled balances agree to the general ledger. 159 A. FINDINGS AND QUESTIONED COSTS – FINANCIAL STATEMENT FINDINGS (Continued) Finding Number Finding 2016-002 SIGNIFICANT DEFICIENCIES (Continued) General Employees’ Pension Plan Reconciliations Criteria: Policies and procedures should be in place to ensure transactions are properly recorded on a timely basis and closing procedures should be performed each month sufficient to produce accurate and reliable financial information. Condition: We noted that certain investment accounts for the General Employees’ Pension Plan were not reconciled and in agreement with the City’s general ledger at September 30, 2016 and some accounts had the same balance at September 30, 2016 as the prior year. Cause: There were no formal closing procedures or account reconciliations prepared for the General Employees’ Pension Fund at September 30, 2016. Effect: Lack of monthly account reconciliations increases the risk that significant financial reporting errors or misstatements may not be identified and corrected in a timely manner. Recommendation: We recommend that the City follow formal monthly closing procedures to ensure the investment activity for the General Employees’ Pension Fund is accurately reconciled to the general ledger and that the reconciliations are reviewed and approved monthly by the Finance Director. In addition, the year-end reconciliation should include any market value adjustments necessary for the investment and related income accounts. Action Taken: The City will ensure that all the General Employees’ Pension statements are reconciled to the general ledger accounts, reviewed and signed off by Supervisory Finance department staff on a monthly basis. At year-end, the City will make the year-end journal entries including market value adjustments and accruals to properly adjust the year-end balances. If you have any additional questions concerning this corrective action plan adopted by the City, please call me at (561) 243-7115. Respectfully submitted, Laura Thezine, CPA Acting Finance Director Management Letter 160 Management Letter To the Honorable Mayor and City Commission City of Delray Beach, Florida Report on the Financial Statements We have audited the financial statements of the City of Delray Beach, Florida (the “City”), as of and for the year ended September 30, 2016, and have issued our report thereon dated April 24, 2017. Our report includes a reference to other auditors who audited the financial statements of the Police and Firefighters’ Retirement System Fund, a fiduciary fund of the City, and the Delray Beach Downtown Development Authority, a discretely presented component unit of the City, as described in our report on the financial statements of the City. Auditor’s Responsibility We conducted our audit in accordance with U.S. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance);and Chapter 10.550, Rules of the Florida Auditor General. Other Reports and Schedule We have issued our Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards; Independent Auditor’s Report on Compliance for Each Major Federal Program and Report on Internal Control over Compliance Required by the Uniform Guidance; Schedule of Findings and Questioned Costs; and Independent Accountant’s Report on Investment Compliance on an examination conducted in accordance with AICPA Professional Standards, Section 601, regarding compliance requirements in accordance with Chapter 10.550, Rules of the Auditor General. Disclosures in those reports and schedule, which are dated April 24, 2017, should be considered in conjunction with this management letter. Prior Audit Findings Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. Our audit finding and recommendation 2014-008 Interfund Accounts reported in our management letter dated March 25, 2016, was resolved by the City in the current year. CALER, DONTEN, LEVINE, COHEN, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR , CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 MEMBERS LOUIS M COHEN, CPA WEST PALM BEACH, FL 33401-5948 AMERICAN INSTITUTE OF JOHN C COURTNEY, CPA , JD CERTIFIED PUBLIC ACCOUNTANTS DAVID S DONTEN, CPA TELEPHONE (561) 832-9292 JAMES B HUTCHISON, CPA FAX (561) 832-9455 FLORIDA INSTITUTE OF JOEL H LEVINE, CPA CERTIFIED PUBLIC ACCOUNTANTS JAMES F MULLEN, IV, CPA info@cdlcpa com MICHAEL J NALEZYTY, CPA THOMAS A PENCE, JR , CPA SCOTT L PORTER, CPA MARK D VEIL, CPA 161 Official Title and Legal Authority Section 10.554(1)(i)4., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. This information is disclosed in Note 1 to the financial statements.Also, as discussed in Note 1, the City included the Delray Beach Community Redevelopment Agency and Delray Beach Downtown Development Authority as component units of the City. Financial Condition Section 10.554(1)(i)5.a.and 10.556(7),Rules of the Auditor General, require that we apply appropriate procedures and report the results of our determination as to whether or not the City met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the specific condition(s) met. In connection with our audit, we determined that the City did not meet any of the conditions described in Section 218.503(1), Florida Statutes, as of and for the year ended September 30, 2016. Pursuant to Sections 10.554(1)(i)5.c. and 10.556(8), Rules of the Auditor General, we applied financial condition assessment procedures as of September 30, 2016. It is management’s responsibility to monitor the City’s financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by them. Annual Financial Report Section 10.554(1)(i)5.b.and 10.556(7), Rules of the Auditor General, requires that we apply appropriate procedures and report the results of our determination as to whether the annual financial report for the City for the fiscal year ended September 30, 2016, filed with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2016. In connection with our audit, we determined that these two reports were in agreement. Special District Component Units Section 10.554(1)(i)5.d., Rules of the Auditor General, requires that we determine whether or not a special district that is a component unit of a county, municipality, or special district, provided the financial information necessary for proper reporting of the component unit, within the audited financial statements of the county, municipality, or special district in accordance with Section 218.39(3)(b), Florida Statutes.In connection with our audit, we determined that all special district component units of the City provided the necessary information for proper reporting in accordance with Section 218.39(3)(b), Florida Statutes. Other Matters Section 10.554(1)(i)2., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. In connection with our audit, we have the following recommendations: 2016-003 Financial Closing and Reconciliation Procedures Criteria: Policies and procedures should be in place to ensure that transactions are recorded correctly as to account, amount and period and that reconciliation and closing procedures are sufficient to produce accurate and reliable financial information. Condition: Our audit field work initially began on November 7, 2016, however after only a few days we had not received the City’s trial balance or the majority of the requested audit schedules. After consulting with the City’s Chief Financial Officer, we re-scheduled the audit fieldwork to begin in mid-February 2017 when the CFO advised us the City’s books would be closed and the final trial balances and audit 162 schedules would be completed and ready for audit. Even with this delay, we noted the City’s accounting records for certain cash, investment, receivables, prepaid assets, payables, capital leases, revenues, and grants had not been fully reconciled and the reviews and approvals throughout the fiscal year were not complete or were not performed timely. As a result, over 50 adjusting journal entries were required for the City’s various funds and accounts after the final year-end trial balance were provided to us for audit. While some of the adjustments relate to accruals that are only made at year-end, such as pension and insurance claims based on the annual actuarial valuations,many adjustments were for asset and liability accounts that should be reconciled each month in order to provide accurate financial information for the City’s management. Cause: There were no formal timetables for preparing account reconciliations or closing procedures and reviews and approvals were not performed timely. The City had numerous staffing changes during the current year which disrupted normal routines. Effect: Lack of timely and complete reconciliation procedures increases the risk of inaccurate financial information and financial reporting errors that may not be identified in a timely manner. Recommendation: We recommend the City establish formal month end and year end reconciliation and closing procedures to ensure financial accounts are reviewed and approved by management on a timely basis. 2016-004 Pension Contributions and Prepaid Expenses Criteria: The City should accurately record pension contributions as to account, amount and period. Condition:The City had a credit balance of approximately $270,000 in prepaid retirement contributions, which should typically be zero at year end. After further investigation, we noted that the City recorded the City’s annual contribution to the General Employee Pension and Police and Fire Pension as prepaid expenses and then reduced the prepaid expense account by estimated monthly calculations of pension expense based on payroll expenditures. Considering that the City’s annual pension contribution is an actuarially determined fixed amount based on a prior year payroll, the current method may not provide an accurate estimate of pension expense. Cause:Use of estimated pension expense based on payroll percentage rather than actuarially determined pension contribution amount for the year. Effect:Pension expense and prepaid expense were incorrectly allocated for the current year. Recommendation:We recommend that the City record the annual contribution to prepaid expense and each month record 1/12 of the actual contribution as pension expense. The allocation to various departments and funds should be based on the relative percentage of the total payroll. Additionally, we recommend that the City budget the actuarially determined pension contribution for the year. This methodology should provide more accurate monthly financial information and avoid the potential for any unallocated pension expense in the prepaid accounts. 2016-005 Parking Tickets and EMS Billings Criteria: Amounts billed by the City should be properly recorded as to account, amount and period.Billed amounts should be followed up for collection in accordance with established City policies. Condition: The City’s Police Department and Fire Department are responsible for issuing parking tickets and billings for emergency medical services (EMS), respectively. The Police and Fire departments maintain separate billing systems and record the collections for billed amounts. The separate subsidiary 163 billing systems at each department do not interface with the general ledger financial systems maintained by the City’s Finance Department. Accordingly, the City’s Finance Department must obtain billing and collection information from the Police and Fire departments to properly record the amounts in the general ledger. During 2016, the parking ticket and EMS billings were not properly reported in the City’s general ledger. In addition, based on our inquiries of City staff, the policy has been to send unpaid parking tickets and EMS billings to a collection agency after they are 90 days past due, however it does not appear that any amounts were sent to a collection agency for the last eight months of fiscal year 2016. Cause: The Finance Department did not obtain the subsidiary billing system information from the Police and Fire departments and properly adjust the general ledger receivable and allowance for uncollectible accounts. The City did not follow established policy with regard to sending past due parking tickets and EMS billings to a collection agency. Effect: The general ledger receivable and allowance for uncollectible accounts for parking tickets and EMS receivables were not properly accounted for and adjusted during 2016.Past due parking tickets and EMS billings were not sent to a collection agency for most of 2016. Recommendation: We recommend that the City’s Finance Department review their procedures to ensure that parking ticket and EMS billings are recorded or adjusted monthly based on the subsidiary billing system information from the Police and Fire departments. Past due accounts should be sent to a collection agency monthly pursuant to the City’s policy.Accounts sent to a collection agency should be included in the allowance for doubtful accounts and periodically (at least annually) written off on the City’s receivable records. 2016-006 Information Technology Systems –PCI Compliance Criteria:Credit card acceptance policies and procedures should comply with PCI Security Standards and compliance should be verified and documented by the City. Condition: PCI Security Standards were created by the PCI Security Standards Council to enhance payment card data security and include a framework of specifications, tools, measurements and support resources to help organizations ensure the safe handling of cardholder information. The City uses PCI compliant software for handling credit card information, but has not performed a self-assessment or review of the City’s complete operations to evaluate PCI compliance across all systems and departments. Cause: A PCI self-assessment has not been performed for all City systems and departments. Effect: PCI compliance has not been fully documented in accordance with the PCI standards. Recommendation: We recommend that a PCI self-assessment be performed to addresses PCI compliance across all City operations and departments.The PCI Council has developed a self-assessment checklist which may be used to document the City’s evaluation. The PCI self-assessment should be in writing and sufficiently detailed to fully document the City’s evaluation of all systems. 2016-007 Signature Authority on Bank and Investment Accounts Criteria: Authorized employees on the City’s bank and investment accounts should be immediately updated when personnel leave employment with the City. Condition: During our confirmation procedures for cash and investment accounts,we noted former employees were listed on the cash or investment statements. One account listed the former Finance Director who left the City in fiscal year 2014 and another account listed the Chief Accounting Officer who left the City in May 2016 as the contract person for these accounts. 164 Cause: The City did not update its cash and investment account authorizations following changes in personnel. Effect: Listing former employees as authorized personnel on the City’s accounts increases the risk of unauthorized access to the City’s accounts. Recommendation: We recommend the contact persons and authorized account signers be immediately updated when there is a change in personnel. The City should designate specific personnel, such as the City Treasurer and Finance Director, to be responsible for notifying all financial institutions immediately following a change in personnel with access or contact responsibility for the City’s bank and investment accounts. 2016-008 Capital Leases Criteria:Leases with terms greater than one year and meeting certain criteria for capitalization, should be recorded as capital assets with an offsetting liability for the net present value of minimum lease payments and the asset should be depreciated over the term of the lease, or the asset’s estimated useful life if there is a bargain purchase option. Condition: The City entered into a financing agreement for equipment that was recorded as an operating lease. However, a review of the financing agreement and related documents indicated that the agreement met the requirements of a capital lease and should have been capitalized. Cause:The financing agreement and related documents were not reviewed to determine its classification as an operating or capital lease before recording the transaction. Effect:The City recorded the lease payments as an operating expense and an adjustment was necessary to report the transaction as a capital lease and increase assets and liabilities by approximately $140,000. Recommendation:We recommend the City review the current policies and procedures for capital assets to ensure that leases are analyzed for proper classification and presentation. Also a knowledgeable manager in the finance department should be designated to review each lease and document its proper classification as an operating or capital lease. Documentation of the lease analysis should be in writing and retained in the lease file. 2016-009 Investment Policy Compliance Criteria: In vestment portfolio composition and limitations should be monitored and maintained in accordance with the City’s Investment Policy. Condition: Our review of the City’s investments at September 30, 2016 for compliance with the City’s investment policy determined that Interest Bearing Time Deposits (Certificates of Deposit) exceeded the maximum limitation of 10% of the investment portfolio. We also noted one certificate of deposit exceeded the maximum maturity threshold of one year from the date of purchase. Cause: The investment compliance thresholds of the City’s investment policy were not monitored throughout 2016 and were not evaluated prior to the purchase of a new investment. Effect:The City did not comply with the investment policy limitations on amounts of investment types and maturities as set forth in the City’s investment policy. 165 Recommendation: We recommend the City’s investment policy compliance be documented and reviewed by the City Treasurer at least quarterly and prior to the purchase of new investments. This will help to ensure that the City’s objectives for liquidity, safety and preservation of capital are maintained. Documentation of the investment review should be in writing and retained for the fiscal year. Section 10.554(1)(i)3., Rules of the Auditor General, requires that we address noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. In connection with our audit, we did not have any such findings. City’s Responses to Findings The responses by City management to the findings identified in our audit are described in the accompanying City Response to Management Letter.The responses by the City were not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on those responses. Purpose of this Letter Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, Federal and other granting agencies and the City Commission and management of the City of Delray Beach, Florida, and is not intended to be and should not be used by anyone other than these specified parties. West Palm Beach, Florida April 24, 2017 166 April 24, 2017 Auditor General’s Office Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 Subject: City Response to Audit Findings Comprehensive Annual Financial Report –September 30, 2016 Our responses to current year audit findings and recommendations are listed below: 2016-001 Bank Reconciliations Management agrees with the finding. The City will perform the bank reconciliations on a monthly basis to ensure accuracy and completeness of cash balances. Reconciling items will be clearly identified and researched and cleared by the following month. In addition, all bank reconciliations will be properly reviewed and signed off by the supervisory Finance department staff within 30 days of the month-end to ensure that the reconciled balances agree to the general ledger. 2016-002 General Employees’ Pension Plan Management agrees with the finding. The City will ensure that all the General Employees’ Pension statements are reconciled to the general ledger accounts, reviewed and signed off by Supervisory Finance department staff on a monthly basis. At year-end, the City will make the year-end journal entries including market value adjustments and accruals to properly adjust the year-end balances. 2016-003 Financial Closing and Reconciliation Procedures Management agrees with the recommendation. The City will review and update its current closing procedures to include the re-establishment of appropriate monthly and year-end detailed general ledger account analysis. With regards to the year-end closing procedures, the schedules provided to the auditors will be assigned to specific staff, reviewed and signed off by supervisory Finance Department staff on a monthly or quarterly basis. 2016-004 Pension Contributions and Prepaid Expenses Management agrees with the recommendation. The City will review and revise the basis for its annual contribution to the pension plans as well as its current allocation process. The revised methodology will ensure that pension contribution expense is properly recorded based on the actuarially determined contribution for the year. The City will also identify a timely recognition of adjustments to prepaid expenses on a quarterly basis. 167 2016-005 Parking Tickets and EMS Billings Management agrees with the recommendation. The City Finance Department will work with both Police and Fire Departments to obtain subsidiary ledger reports for parking and EMS billings, and the adjusting entries will be recorded quarterly in the City’s general ledger accounts receivable accounts. Currently, past due parking tickets and EMS billings data are reviewed and sent to the City’s collection agency on a monthly basis. At year-end, the allowance for doubtful accounts amounts will be properly adjusted on the City’s receivable records. 2016-006 Information Technology Systems – PCI Compliance Management agrees with the recommendation. The City must complete a PCI Assessment, annually. A vendor selection is in process for an implementation shortly after the upgrade of our vendor system, Selectron to TLS 1.2. The upgrade is scheduled to be completed in June 2017. The PCI assessment will be scheduled to commence shortly thereafter during the month of July 2017. 2016-007 Signature Authority on Bank and Investment Accounts Management agrees with the recommendation. The review and update of authorized account signers for operating and investment accounts has been assigned to the City Treasurer, and authorized signers will be updated within 10 working days of personnel changes. 2016-008 Capital Leases Management agrees with the recommendation. The City has setup policies to review new leases against GASB capital and operating lease guidance to ensure compliance and recording. The City Treasurer will review existing leases for compliance, proper classification and documentation. Documentation will be maintained in the shared folder in read only file format. At year-end, the City will ensure that all its leases are properly recorded, classified and presented on the year-end schedules. 2016-009 Investment Policy Compliance Management agrees with the recommendation. The City Treasurer has already setup a monthly monitoring process for investment portfolio composition and limitations. On a quarterly basis, the quarterly compliance statement is distributed to the Finance Director for review. Respectfully submitted, Laura Thezine, CPA Acting Finance Director 168 Independent Accountant’s Report on Investment Compliance To the Honorable Mayor and City Commission City of Delray Beach, Florida We have examined the City of Delray Beach’s compliance with Section 218.415, Florida Statutes, for the year ended September 30, 2016. Management is responsible for the City of Delray Beach’s compliance with those requirements. Our responsibility is to express an opinion on the City of Delray Beach’s compliance based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the City of Delray Beach’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the City of Delray Beach’s compliance with specified requirements. In our opinion, the City of Delray Beach complied, in all material respects, with the aforementioned requirements for the year ended September 30, 2016, except as noted in Management Letter finding 2016-009. Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, Federal and other granting agencies and the City Commission and management of the City of Delray Beach, Florida, and is not intended to be and should not be used by anyone other than these specified parties. West Palm Beach, Florida April 24, 2017 CALER, DONTEN, LEVINE, COHEN, PORTER & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALER, JR , CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 MEMBERS LOUIS M COHEN, CPA WEST PALM BEACH, FL 33401-5948 AMERICAN INSTITUTE OF JOHN C COURTNEY, CPA , JD CERTIFIED PUBLIC ACCOUNTANTS DAVID S DONTEN, CPA TELEPHONE (561) 832-9292 JAMES B HUTCHISON, CPA FAX (561) 832-9455 FLORIDA INSTITUTE OF JOEL H LEVINE, CPA CERTIFIED PUBLIC ACCOUNTANTS JAMES F MULLEN, IV, CPA info@cdlcpa com MICHAEL J NALEZYTY, CPA THOMAS A PENCE, JR , CPA SCOTT L PORTER, CPA MARK D VEIL, CPA City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-491,Version:1 TO: Mayor and Commissioners FROM: Katerri Jones, City Clerk THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 APPROVAL OF MINUTES Recommended Action: Motion to approve various sets of minutes Background: May 16, 2017 Regular City Commission Meetings City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ Tuesday, May 16, 2017 6:00 PM City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Delray Beach City Hall City Commission Mayor Cary Glickstein Vice Mayor Jim Chard Deputy Vice Mayor Shirley Ervin Johnson Commissioner Shelly Petrolia Commissioner Mitchell Katz Minutes - Draft Regular Meeting at 6:00 PM May 16, 2017City Commission Minutes - Draft 1. ROLL CALL A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, May 16, 2017. Roll call showed: Present - Mayor Cary Glickstein Vice Mayor James Chard Deputy Vice-Mayor Shirley Ervin-Johnson Commissioner Shelly Petrolia (Left at 9:20 p.m) Commissioner Mitchell Katz Absent -None Also present were - Neal de Jesus, Interim City Manager R. Max Lohman, City Attorney Kimberly Wynn, Acting City Clerk Mayor Glickstein called the Regular meeting to order and announced that it had been called for the purpose of considering the following Items: 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL Deputy Vice Mayor Johnson requested that Item 6.T.3. be moved to the Regular Agenda as Item 7.A.A. She also requested that Item 7.B. be removed and tabled for a later date. approved as amended Yes:Vice-Mayor Chard, and Deputy Vice Mayor Ervin Johnson2 - No:Mayor Glickstein, Commissioner Petrolia, and Commissioner Katz3 - A second motion was made by Commissioner Katz, seconded by Commissioner Petrolia, that this be approved as amended with Item 7.B. not removed. approved as amended Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, Commissioner Petrolia, and Commissioner Katz 5 - 4. PRESENTATIONS: Page 1City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft 4.A.17-441 PRESENTATION TO FIRE DEPARTMENT Sponsors:City Clerk Department Mrs. Linda Hoag gave a brief presentation, read a poem into record and presented a painting. Mr. Neal de Jesus, Interim City Manager gave comments. 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 Mr. de Jesus had no comments. 5.B. From the Public Mrs. Marjorie Waldo gave comments on some of the events going on around the town. Mr. Jervonte Edmonds talked about his Suits for Seniors program. He recognized Mr. Jamael Stewart, Elizabeth Burrows, Mayor Glickstein and the Police Department for their work with the program. Mayor Glickstein gave brief comments. Mr. James Quillin talked about the Yellow Shirt Ambassadors located downtown. He also discussed issues with code enforcement in Osceola Park. Mrs. Mitzi Katz commented on the goal setting meeting and the golf course. Ms. Pauline Moody commented on the alleyways being landscaped. She also discussed missing garbage cans. Mr. Roy Simon talked about the Congress Avenue Task Force. He talked about his support of the resolution for the Community Redevelopment Agency (CRA). Mr. William Branning commented on the CRA resolution. He gave some statistics about the CRA and urged the Commissioners to work together. Mr. Jay Alperin commented on the time it would take to manage the CRA Board. Mrs. Susan Ruby commented on the progress made by the CRA. She asked that Commissioners work with the CRA Board. Page 2City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft Mr. Bruce Gimmy commented on some of the bad decisions made by CRA recently. Mrs. Yvonne Odom commented on the decision of the Commission to dissolve the CRA Board. Reverend Howard Barr talked about his support of the CRA. He asked that the Commissioners continue to work with the agency. Mr. Clifford Durden talked about checks and balances in government. He spoke of the different branches of government and the importance of each role. Ms. Cecilia Boone urged the Commissioners to have charettes to resolve issues. Mr. Rob Steele discussed the accomplishments over the past several months and talked about diversity. Ms. Judy Craig expressed her support of the Commissioners taking over the CRA Board. She advised that the taxpayers should have more oversight because of the size of their budget. Mr. Sandy Zeller supported the abolishment of the CRA Board Ms. Ernestine Halliday commented on her support of the CRA Board. Mr. Ari Whiteman talked about the workload of the Commissioners and their inability to handle the CRA. Mr. Eric Camacho recommended that this motion be tabled and conversations begin. Mrs. Angeleta Gray commented on the responsibility of the Commissioners to direct the CRA. Mr. Alan Slossberg advocated for the CRA being dissolved. He stated it would correct much of the oversight that had taken place. Ms. Gail Lee McDermott commented on the lack of accountability by the CRA. Ms. Lisa Quillien talked about her frustrations of dealing with the CRA and their structure. Page 3City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft Mrs. Nancy ?? supported keeping the CRA Board Mr. Chuck Ridley discussed the commencement of accountability with the Commissioners. Mrs. Laura Simon talked about the boundaries and possibly a better solution such as getting all of the boards together. Mrs. Evelyn Dobson commented on the City taking over the CRA. She discussed the opportunities provided through the CRA. Mr. Prince Arafat discussed the cultural wave as the reason there is an immediate need for the Commissioner handle the CRA and he did not agree. Ms. Carolyn Patton gave her support of the CRA remaining as a board. Ms. Kelly Barrette stated her support of the Commissioners being the CRA Board. Mr. Kevin Warner gave a brief overview of the CRA Board and discussed recent mishaps. Mrs. Benita Goldstein discussed the "Gateway" artwork located off of I-95 and Altlantic Avenue. She also read an open letter with signatures from petitioners. Mrs. Annette Gray disclosed that she was a former CRA member. She spoke about the history of the agency and how the day was coming. She advocated for stronger voices on both boards. Mr. Erick Lanier (Lanier Parking) advocated for his company. Mrs. Joy T. Howell asked several questions for the board. Mr. Jack Warner supported the City taking over the CRA. He stated that the CRA could do more. He also talked about how this had been addressed in the past. Mr. Alex Burns stated his support of the CRA. He would like to see the same progress on the west side that has taken place on the east side. Mrs. Christina Morrison invited the Commissioners on a bus trip to see other CRAs in other area. She suggested give them benchmarks and Page 4City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft make the appointments. Mrs. Cyndi Freeburn stated her support that the Commission take over the CRA. She talked about the questionable spending and how it was reprehensible. Mr. Chuck Halberg advised this should be discussed at a town hall. Mrs. Fran Finch discussed putting petty personal politics aside and talk things through. Mr. Steve Bloom talked about the lip service of the City Commission. He advised that this is about money not race. Ms. Frances ??? Discussed how we want to do things right. Mr. Reginald Cox stated this is about a lack of communication. He talked about the referendum against the CRA. 6. CONSENT AGENDA: City Manager Recommends Approval 6.A.17-436 APPROVAL OF MINUTES Recommendation:Motion to Approve various sets of minutes. Sponsors:City Clerk Department 01-10-2017 Regular Meeting MinutesAttachments: 6.B.17-122 2017 LOCAL INITIATIVE (LI) AND TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT SUBMITTALS TO THE PALM BEACH COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) Recommendation:Motion to Approve four (4) supporting resolutions for the grant applications submitted by the City of Delray Beach for the 2017 Local Initiative and Transportation Alternative Programs funded through the Palm Beach County Metropolitan Planning Organization. Sponsors:Environmental Services Department Resolution No. 34-17 Resolution No. 35-17 Resolution No. 36-17 Resolution No. 38-17 Attachments: 6.C.17-357 APPROVAL OF AMENDMENT NO. 1 TO THE GAS, CARBON DIOXIDE, (FOOD GRADE) PURCHASE AND DELIVERY TERM CONTRACT WITH AIRGAS USA, LLC Page 5City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft Recommendation:Motion to Approve Amendment No. 1 to the Gas, Carbon Dioxide, (Food Grade) Purchase and Delivery Term Contract with Airgas USA, LLC in an amount not-to-exceed $135,000 for the purchase and delivery of carbon dioxide and oxygen. Sponsors:Fire Rescue Department and Environmental Services Department 2014-22 Executed Agreement 2014-22 Assignment and Assumption Agreement 2014-22 Amend 1 SUPPLIER EXECUTED Attachments: 6.D.17-412 ACCEPTANCE OF WATER MAIN EASEMENT DEED GRANTED BY WALMART STORES EAST, LP. Recommendation:Motion to Accept a Water Main Easement granted by Walmart Stores East, LP for the Walmart Liquor Box Store Expansion project at 16205 S. Military Trail. Sponsors:Environmental Services Department 16205 S Military Tr Location Map Water Main Easement Deed Attachments: 6.E.17-372 CHANGE ORDER NO. 2 TO THE PURCHASE AWARD WITH OVIVO USA, LLC. IN THE AMOUNT OF $50,420 FOR ADDITIONAL WORK IN THE REPAIR OF THE WESTERN VACUUM FILTER UNIT AT THE WATER TREATMENT PLANT Recommendation:Motion to Approve Change Order No. 2 to Purchase Award to Ovivo USA, LLC. in the amount of $50,420 for additional work required in the repair of the western vacuum filter unit at the Water Treatment Plant. Sponsors:Environmental Services Department Sole Source Letter 20170324 Proposal C Additional work 2 20170409 Purchase Agreement Change Order Attachments: 6.F.17-414 SERVICE AUTHORIZATION NO.12-17 WITH WANTMAN GROUP, INC. IN THE AMOUNT OF $163,748.35 FOR ENGINEERING SERVICES RELATED TO THE DESIGN FOR RECONSTRUCTION OF BARWICK ROAD FROM THE SOUTHERLY RIGHT-OF-WAY LINE OF LAKE IDA ROAD TO THE NORTHERLY RIGHT-OF-WAY LINE OF ATLANTIC AVENUE Recommendation:Motion to Approve Service Authorization No.12-17 with Wantman Group, Inc. in the amount not to exceed of $163,748.35 for the preparation of design documents for roadway reconstruction of Barwick Road from the southerly right-of-way line of Lake Ida Road to the northerly right-of-way line of Atlantic Avenue. Page 6City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft Sponsors:Environmental Services Department Barwick Road Reconstruction Service AuthorizationAttachments: 6.G.17-427 APPROVAL OF CHANGE ORDER NO. 2 IN THE AMOUNT OF $85,008 WITH MBR CONSTRUCTION INC FOR THE BEACH MASTER PLAN PROJECT Recommendation:Motion to Approve Change Order No. 2 in the amount of $85,008 with MBR Construction, Inc. for the Beach Master Plan (Project No. 15-008). Sponsors:Environmental Services Department Change Order No. 2 MBR Construction Agreement Attachments: 6.H.17-417 ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR HESSLER PAINT LOCATED AT 4591 WEST ATLANTIC AVENUE Recommendation:Motion to Approve and accept a Hold Harmless Agreement for Hessler Paint, 4591 West Atlantic Avenue. Sponsors:Planning and Zoning Board Hold Harmless Agreement FDOT Utility Permit Hessler Paint SPRAB Staff Report Attachments: 6.I.17-426 SERVICE AUTHORIZATION NO. 12-20 WITH WANTMAN GROUP INC. IN A NOT TO EXCEED AMOUNT OF $5,341 FOR THE SURVEYING, ENGINEERING DESIGN, AND PERMITTING SERVICES ASSOCIATED WITH THE CASON COTTAGE FRONT LAWN BRICK PAVER INSTALLATION Recommendation:Motion to Approve Service Authorization No. 12-20 with Wantman Group Inc. in an amount not to exceed of $5,341 for surveying, engineering design, and permitting services associated with the Cason Cottage front lawn brick paver installation. Sponsors:Environmental Services Department Wantman Group Service Authorization No. 16-04 Engineering Agreement, Wantman Amendment No. 4 - Wantman Group Inc. Attachments: 6.J.17-420 RAILROAD CROSSING LIABILITY RENEWAL POLICY Recommendation:Requesting prior approval of FY17 spending limit greater than $25,000 with Employers Mutual Inc. d/b/a Ascension Benefits and Insurance Solutions and motion to approve renewal of Railroad Crossing Liability and Railroad Crossing Excess Liability policies in a not to exceed amount of Page 7City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft $28,000. Sponsors:Finance Department Premium Summary Market Summary Agreement 2006 Attachments: 6.K.17-423 PRIOR APPROVAL OF FISCAL YEAR 2017 SPENDING GREATER THAN $25,000. WITH ADAPT PHARMA INC. Recommendation:Motion to Approve multiple acquisitions of medicine and medical supplies from Adapt Pharma Inc. in a total not -to-exceed amount of $84,000.00 for Fiscal Year 2017. Sponsors:Fire Rescue Department 6.L.17-432 RETROACTIVE APPROVAL OF A SPENDING INCREASE WITH INTERLINE BRANDS, INC. DBA SUPPLYWORKS Recommendation:Motion to retroactively approve an increase in spend with Interline Brands, Inc. DBA Supplyworks for janitorial supplies in a total not-to-exceed amount of $70,000 for Fiscal Year 2017. Sponsors:Purchasing Department 2016-014 Janitorial Supplies 2016-014 Attachment A Attachments: 6.M.17-435 FACILITY USE AGREEMENT FOR POLICE OFFICER TRAINING BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE USE OF FORMER PLUMOSA ELEMENTARY SCHOOL. Recommendation:Motion to Approve an Agreement for Police Officer training between the City of Delray Beach and the School Board of Palm Beach County (“Board”) to allow the use of former Plumosa Elementary school as a training facility. Sponsors:Police Department DBPD-Former Plumosa EL Training with Exhibits..finalAttachments: 6.N.17-428 SETTLEMENT IN THE CASE OF GUY BUZZELLI V. CITY OF DELRAY BEACH Recommendation:Motion to settle the case of Guy Buzzelli v. City of Delray Beach for the reasons discussed in the confidential memorandum previously distributed to the City Commission. Sponsors:City Attorney Department Page 8City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft 6.O.17-419 SCHOOL READINESS PROGRAM FOR THE AFTERSCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE COMMUNITY CENTER WITH THE EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC. Recommendation:Motion to Approve the renewal of the agreements between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach. Sponsors:Parks & Recreation Department School Readiness -Pompey Park School Readiness -Community Center Attachments: 6.P.17-424 CHILDREN'S SERVICES COUNCIL (CSC) SCHOLARSHIP PROGRAM FOR THE AFTERSCHOOL PROGRAM LOCATED AT POMPEY PARK AND THE COMMUNITY CENTER WITH THE EARLY LEARNING COALITION OR PALM BEACH COUNTY, INC. Recommendation:Motion to Approve renewal of the agreements between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach. Sponsors:Parks & Recreation Department CSC Scholarship Pompey Park CSC Scholarship Community Center Attachments: 6.Q.17-447 REQUEST FOR SUBORDINATION OF SECOND MORTGAGE FOR 218 SE 4th Avenue Recommendation:Motion to Approve a request for the City of Delray Beach ("City") to subordinate its second mortgage position in the amount of $32,241.05 for the property located at 218 SE 4th Avenue. Sponsors:Community Improvement Subordination Policy & Procedures Subordination Agreement Property Appraisal Report Title Insurance Supporting Documents Attachments: 6.R. PROCLAMATIONS: 6.R.1.17-440 Proclamation - Better Hearing Month - May 2017 Sponsors:City Clerk Department Better Hearing Month May 2017Attachments: Page 9City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft 6.R.2.17-438 Proclamation - National Safe Boating Week - May 20-26, 2017 Sponsors:City Clerk Department National Safe Boating Week ProclamationAttachments: 6.R.3.17-437 Proclamation - Amateur Radio Week - June 19-25, 2017 Sponsors:City Clerk Department Amateur Radio Week 2017Attachments: 6.S.17-413 REPORT OF APPEALABLE LAND USE ITEMS FROM APRIL 3, 2017 THROUGH APRIL 21, 2017 Recommendation:By motion, receive and file this report. Sponsors:Planning and Zoning Board Location Map Palm Trail Townhomes Schumacher Automotive Delray 4 East Atlantic Avenue Color Change 4 East Atlantic Avenue Sign Program Attachments: 6.T. AWARD OF BIDS AND CONTRACTS: 6.T.1.17-373 AWARD OF AN AGREEMENT WITH SIEMENS INDUSTRY, INC. IN THE AMOUNT NOT TO EXCEED OF $75,000 UTILIZING THE CITY OF CORAL SPRINGS, FLORIDA CONTRACT Recommendation:Motion to Approve an Agreement with Siemens Industry, Inc. utilizing the City of Coral Springs, Florida, Contract RFP 12C-068, in an amount not-to-exceed $75,000 for HVAC Preventative Maintenance and Repair Services. Sponsors:Environmental Services Department RFP HVAC Agreement Second Amendment Amendment Agreement 4-19-17 Attachments: 6.T.2.17-434 AWARD OF AN AGREEMENT TO PFM FINANCIAL ADVISORS LLC FOR FINANCIAL ADVISORY SERVICES IN A NOT-TO-EXCEED AMOUNT OF $75,000.00 Recommendation:Motion to Award a three year Agreement to PFM Financial Advisors LLC Page 10City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft for financial advisory services in the not to exceed amount of $75,000.00 for services not related to a bond issue for the Agreement term. Sponsors:Finance Department RFP 2017-025 Document Final 2017-025 - RFP RFQ Scoring Summary (R1) Proposal for FA Services Submitted by PFM Agreement-Final (Reviewed CA) Attachments: 6.T.3.17-262 AWARD OF AN AGREEMENT TO LANIER PARKING METER SERVICES, LLC D/B/A LANIER PARKING SOLUTIONS FOR COMPREHENSIVE PARKING MANAGEMENT SERVICES IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $656,308.84 (ADDENDUM) Recommendation:Motion to Award an agreement to Lanier Parking Meter Services, LLC d/b/a Lanier Parking Solutions in an annual not-to-exceed amount of $656,308.84 for Comprehensive Parking Management Services. Sponsors:Environmental Services Department Lanier Parking Solutions, Inc. 2016-107 RFP (Final) 2016-107 Addendum 1 2016-107 Addendum 2 2016-107 Addendum 3 (r1) Parking Management Agreement, Signed by Contractor Attachments: Mr. Dale Sugermen, Assistant City Manager, presented this item. Mr. de Jesus gave an overview of the item and discussed why this item was placed on the agenda at the last minute. He explained that the contract had not been executed by the vendor until after the agenda was sent to the Commission. Mr. Sugermen gave a breakdown of the cost and explained the not to exceed amount. Vice Mayor Chard asked if this would impact the volunteers that handle the parking enforcement at the Police Department. Commission discussion ensued regarding the collection of parking tickets and the enforcement. Vice Mayor Chard asked if the collection strategy would change. Commissioner Katz asked about the bonus and the incentives that would Page 11City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft be offered. approved Yes:Mayor Glickstein, Vice-Mayor Chard, and Commissioner Katz3 - No:Deputy Vice Mayor Ervin Johnson1 - Absent:Commissioner Petrolia1 - 7. REGULAR AGENDA: 7.A.17-386 REQUEST FOR A WAIVER TO LDR SECTION 4.6.7(E)(7) TO ALLOW A FLAT WALL SIGN ON THE EAST ELEVATION WHICH DOES NOT FACE A DEDICATED STREET FRONTAGE FOR ROK BRGR LOCATED AT 4 E. ATLANTIC AVENUE. (QUASI-JUDICIAL HEARING) Recommendation:Motion to Approve the waiver request to LDR Section 4.6.7(E)(7) for ROK BRGR located at 4 E. Atlantic Avenue, as presented. Sponsors:Planning & Zoning Department Rok BRGR Report ROK BRGR Justification ROK BRGR 03-03-2017 Rok BRGR Board Order Attachments: Ms. Denise Williams the applicant explained what she was requesting. Vice Mayor Chard asked if the sign was already up. Is this here on appeal. Mr. Tim Stillings, Planning, Zoning and Building Department explained staff's decision to put a sign at this location. approved Yes:Mayor Glickstein, Vice-Mayor Chard, and Commissioner Katz3 - No:Deputy Vice Mayor Ervin Johnson1 - Absent:Commissioner Petrolia1 - 7.B.17-455 RESOLUTION NO. 43-17 DECLARING THE CITY COMMISSION TO BE THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH Recommendation:Motion to approve Resolution No. 43-17. Sponsors:City Attorney Department and Inglese Resolution No. 43-17 Authorizing City to be CRAAttachments: Page 12City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft Mr. Max Lohman read Resolution No. 43-17 into record. Commissioner Mitch Katz gave comments. He explained how this came about at the last meeting. He read an editorial into record. Commissioner Katz spoke about the current board and things that had transpired over the years with several projects like iPic, street naming, Atlantic Crossing and the parking reimbursement agreement. Commissioner Katz spoke about the projects that have been stalled under the CRA. Commissioner Katz spoke about the necessity of change to grow. Deputy Vice Mayor Johnson discussed the diversity in the room. She gave an overview of the requirements and discussed Boynton Beach's CRA. She read an article into record and stated that other agencies come to Delray Beach to use us as role models. Vice Mayor Chard spoke about the controversy and the benefits. He advised that the CRA are not elected so that they can focus on doing what they have to do. Vice Mayor Chard discussed some of the accomplishments of the CRA. He stated that the issue is communication; the CRA is not a piggyback of the City Commissioners. He stated that he would vote against adopting the resolution. Commissioner Petrolia spoke in reference to Reverend Barr's comment. She stated that there had been some progress. She addressed the issue regarding the workload. Commissioner Petrolia commented on the accountability of the board and unfairness that the Board has control of taxpayer spending as a volunteer board. Commissioner Petrolia read a statement into record. She suggested that all CRA projects be placed on a workshop immediately. She support dissolving the CRA Board. Mayor Glickstein commented on the city budget. He talked about a news article. He continued to read a statement into record. Mayor Glickstein discussed the flawed RFPs, and RFQs. He talked about board appointments and better communication being the key to improvement. He discussed legislature to increase homestead exemption being passed. He advised that he is not in support of the resolution. He commented on his expectations of the board in the coming years. Commission discussion ensued regarding Resolution No. 43-17. approved Yes:Mayor Glickstein, Vice-Mayor Chard, and Deputy Vice Mayor Ervin Johnson3 - No:Commissioner Petrolia, and Commissioner Katz2 - 8. PUBLIC HEARINGS: Page 13City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft 8.A.17-406 ORDINANCE NO. 07-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES; BY AMENDING SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES”, BY REPEALING PARAGRAPH (D), “COMMUNITY GARDENS” IN ITS ENTIRETY AND ENACTING A NEW SECTION (D) ENTITLED, “URBAN AGRICULTURE”; AMENDING ARTICLE 4.4 TO REMOVE COMMUNITY GARDENS AND TO ALLOW URBAN AGRICULTURE IN CERTAIN ZONING DISTRICTS; AMENDING APPENDIX A “DEFINITIONS” TO PROVIDE FOR RELATED DEFINITIONS AND PROVIDE SPECIFIC DESIGN AND REVIEW CRITERIA, PARKING REQUIREMENTS, AND TO ADD URBAN AGRICULTURE AS AN ALLOWABLE OUTSIDE USE. (SECOND READING). Recommendation:Motion to Approve Ordinance No. 07-17 on Second Reading for the amendments to Land Development Regulations as specified in attached Ordinance No. 07-17, as presented. Sponsors:Planning and Zoning Board Ordinance No. 07-17 Urban Agriculture Map Showing Zoning Districts which allows Urban Agriculture Urban Agriculture PZB Staff Report Community Gardens Policy Final DRAFT 12-2016 Comparison of Existing and Proposed Community Garden Program State Pre-emption memo Attachments: Mr. Lohman read Ordinance No. 07-17 into record. Mr. Timothy Stillings, Director of Planning, Zoning and Building, gave a brief presentation and did a PowerPoint. Mayor Glickstein opened the meeting for Public Comments. Mrs. Alice Finst asked if churches would be excluded from this ordinance. There being no further comments Public Comments were closed. Mr. Stillings advised that Community Gardens would be based on the LDRs. approved Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, and Commissioner Katz 4 - Absent:Commissioner Petrolia1 - Page 14City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft 8.A.1 17-422 RESOLUTION NO. 40-17 ADOPTING A COMMUNITY GARDENS POLICY Recommendation:Motion to Approve Resolution No. 40-17 adopting a Community Gardens Policy to provide guidelines and standards to encourage community gardens. Sponsors:Environmental Services Department Resolution No. 40-17 Community Gardens Policy Community Gardens Policy (Exhibit "A") Attachments: approved Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, and Commissioner Katz 4 - Absent:Commissioner Petrolia1 - 9. FIRST READINGS: 9.A.17-418 ORDINANCE NO. 17-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF WAY” BY AMENDING SECTION 6.3.3 “SIDEWALK CAFE” TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY; AMENDING SECTION 6.3.3 (A) “PERMIT AND FEES” TO ADD LEASING FEES; AMENDING SECTION 6.3.3 (F) “REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE” TO CREATE TWO ZONES, PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING) Recommendation:Motion to Approve Ordinance No. 17-17 on First Reading. Sponsors:Planning and Zoning Board Ordinance No. 17-17 Sidewalk Cafe P & Z Staff Report with Ord No. 17-1 Attachments: Mr. Lohman read Ordinance No. 17-17 into the record. Mr. Timothy Stillings gave a presentation. Mayor Glickstein asked about the distance between the tables of the sidewalk cafes'. He commented on the rules not being followed. Mr. de Jesus advised that a meeting is scheduled between the owners and City staff. Commission discussion ensued. Page 15City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft approved on first reading Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, and Commissioner Katz 4 - Absent:Commissioner Petrolia1 - 9.B.17-443 ORDINANCE NO. 21-17 Recommendation:Motion to approve Ordinance No. 21-17. Sponsors:City Attorney Department Ordinance No. 21-17 Amending Chapter 36 Purchasing Policies and Procedures Manual Attachments: Mr. Lohman read the ordinance into record and gave background information. He advised this increase the spending power of the City Manager. approved on first reading Yes:Mayor Glickstein, Vice-Mayor Chard, Deputy Vice Mayor Ervin Johnson, and Commissioner Katz 4 - Absent:Commissioner Petrolia1 - 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager None 10.B. City Attorney None 10.C. City Commission Commissioner Katz discussed the Goal Setting meeting. He talked about the strategies that should be achieved at the goal setting meeting. He stated that it did not have to be in Delray but that it had to be publicly noticed. Mayor Glickstein asked how would this be different from the Comprehensive Plan Sessions. Further discussion ensued among the Commission about alternatives. Mr. de Jesus advised that work is getting done but staff would have to catch up on what is being requested. Vice Mayor Chard talked about changing the timeframes for things that have been requested of staff. Commissioner Katz talked about a list of things that could be prioritized. He recommended a team building retreat (that would have Page 16City of Delray Beach Printed on 5/30/2017 May 16, 2017City Commission Minutes - Draft to be public noticed) because it is located in Palm Beach County within the next 3-4 months. He also requested an ordinance be written to have a town hall meeting every year. Deputy Vice Mayor Johnson discussed the unity in the city. Vice Mayor Chard recognized the Sober Home Legislation. He also talked about a shark biting incident. He requested a report from the the Interim City Manager regarding the Florida League of Cities and their successes and failures. He requested this placed on a future agenda. He also discussed having someone appointed to the Comprehensive Plan Task Committee. There being no further business to discuss Mayor Glickstein adjourned the meeting at 10:37 p.m. Page 17City of Delray Beach Printed on 5/30/2017 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-526,Version:1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: March 16, 2017 THIRD ADDENDUM TO THE EMPLOYMENT AGREEMENT DATED NOVEMBER 22,2016 WITH NEAL DE JESUS Recommended Action: Motion to Approve the Third Addendum to the Employment Agreement dated November 22, 2016 with Neal de Jesus. Background: The Third Addendum to Employment Agreement is being brought before you for your consideration. City Attorney Review: This agreement has been approved as to form and legal sufficiency by the City Attorney. City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ CITY OF DELRAY BEACH 100 NW 1st AVENUE ·DELRAY BEACH, FLORIDA 33444 ·561/243-7000 THIRD ADDENDUM TO EMPLOYMENT AGREEMENT DATED NOVEMBER 22,2016 THIS THIRD ADDENDUM ("Third Addendum"), to that certain Employment Agreement, dated November 22, 2016, is hereby made and entered into this 6th day of June 2017, effective retroactively to June 1, 2017 (the "effective date") by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City" and NEAL DE JESUS, hereinafter referred to as "Employee," both of whom agree that the current Employment Agreement is hereby amended as follows: Section 1:The City Commission desires to retain Employee as the Interim City Manager ("ICM") until such time as a permanent City Manager may be employed. During Employee's service as ICM, the duties and responsibilities as Fire-Chief shall be performed by a subordinate who shall be designated by Employee. Employee understands and accepts that he may not act or serve as Fire-Chief and ICM simultaneously. Section 2:If or when Employee ceases to be employed as the ICM, whether by Employee's choice or the City's choice, Employee shall have the absolute and unfettered right to return to his position as Fire-Chief of the City of Delray Beach. Employee agrees to provide no less than thirty (30) days' written notice prior to voluntarily resigning and/or returning to his position as Fire-Chief. Upon Employee's return to his position as Fire-Chief of the City of Delray Beach, Employee shall receive an annual salary of One Hundred Eighty-Seven Thousand Twelve and 80/100 Dollars ($187,012.80). Section 3:Employee shall be entitled to receive $3,000.00 per month housing allowance. The City agrees to provide additional assistance to Employee to secure housing by paying any necessary security deposits and/or pre-paid rents as may be required. Any security deposits paid by the City shall be refunded to the City by Employee’s landlord or by Employee should Employee’s landlord legally claim and retain a portion or all of the security deposit upon the conclusion of Employee’s tenancy. SERVICE * PERFORMANCE * INTEGRITY *RESPONSIBLE * INNOVATIVE *TEAMWORK Page 2 of Second Addendum to Employment Agreement Section 4:During his employment as ICM, Employee shall receive an annual salary of Two Hundred Thousand and 00/100 Dollars ($200,000.00),which is the base pay of the approved City Manager salary range, payable in installments at the same time as other general employees of the City are paid. Section 5:The Employee's duties require that he have the use of an automobile during his employment by the City. To that end, the City shall grant Employee the use of an unmarked automobile equipped with appropriate mobile communications (vehicle shall be of similar type and similarly equipped as was provided when Employe e was serving as Fire-Chief), and will be allowed unlimited personal use of this automobile which shall be insured and maintained by the City. Section 6:The Employee will be entitled to the following vacation and sick leave: A. Twenty-four (24) weeks vacation leave; B. Twelve (12) weeks sick leave; and C. Employee may not take more than four weeks vacation during any single calendar year. Both vacation and sick leave shall fully and automatically accrue upon the effective date of this THIRD ADDENDUM. Section 7:Should the City Commission terminate the services of Employee as the ICM, either with or without cause, the Employee shall have the absolute and unfettered right to return to return to his previous position as Fire-Chief without interruption in employment status and shall be entitled to receive the pay and benefits as set forth in his Employment Agreement and any applicable addenda thereto, plus any applicable increases to which Employee might otherwise be entitled. If Employee’s employment is terminated following return to his position as Fire-Chief, for any reason or for no reason, either by the City or voluntarily by Employee, then the City shall pay to Employee twenty (20) weeks’ pay as severance and any accrued compensation due Employee up to Employee's final day of employment, including any accrued vacation and sick leave. Employee shall also be entitled to remain on the City’s healthcare plan for six (6) months following Employee’s last day of employment, under the same conditions and coverage as Employee was receiving at the time his employment ceased. This subsection shall not prevent Employee from collecting any money earned as a result of his participation in a City sponsored retirement plan (i.e.; 401(a) program or 457 deferred compensation program). Section 8:For and in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged,the parties hereby agree that this THIRD ADDENDUM shall be attached to the current Employment Agreement which was entered into by and between the parties on November 22, 2106, and shall become a part thereof. All other sections of the current Employment Agreement shall remain in full force and effect as set forth in that Agreement and there shall be no changes to that Agreement with the exception of those items specifically set forth in the FIRST ADDENDUM, SECOND ADDENDUM, AND THIS THIRD ADDENDUM. Further, the parties agree as follows: A.If any term, provision, or condition set forth in this THIRD ADDENDUM is in conflict with any term, provision, or condition contained in any previous addendum the terms, provisions, and conditions of this THIRD ADDENDUMshall prevail. B. If any term, provision, or condition set forth in this THIRD ADDENDUM is held unconstitutional,invalid or unenforceable, the remainder of this THIRD ADDENDUM, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF,the City of Delray Beach, Florida, has caused this THIRD ADDENDUM to be signed and executed on its behalf by its Mayor, and duly attested to by its City Clerk, and approved as to form by the City Attorney, and the Employee has signed and executed this THIRD ADDENDUM,both in duplicate, on the day and year first above written. CITY OF DELRAY BEACH EMPLOYEE Cary D.Glickstein,Mayor Neal de Jesus Attest: Approved as to form and legalsufficiency Katerri Johnson,City Clerk R.MaxLohman, City Attorney City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-482,Version:1 TO: Mayor and Commissioners FROM: Tim Stillings, Planning, Zoning & Building Department THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 ATLANTIC CROSSING FINAL SUBDIVISION PLAT Recommended Action: Motion to Approve the Final Subdivision Plat for Atlantic Crossing,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,together with recording of the public access easement as approved by the City Attorney simultaneously with the recording of the final plat. Background: The project area consists of the existing Atlantic Plaza,a stand-alone 62 space parking lot located at the northeast corner of NE 1 Street and NE 7 Avenue,and four buildings (recently demolished)that were constructed between 1962 and 1979 which contained offices,retail and an auction house.A gasoline station and multiple family residences previously located along NE 6th Avenue have since been demolished.The project area is a replat of a portion of CDS Delray Redevelopment (Plat Book 116,Pages 172-182),a replat of a portion of Block 123,Town of Linton (Plat Book 1,Page 3)and the NE 7th Avenue right-of-way (now abandoned)between Atlantic Avenue and NE 1st Street .The entire 9.229 acre project area has a lengthy history of development approvals and the following is a summary of the most recent approvals since 2012. Please refer to the Background Section of the Site Plan Review and Appearance Board Staff Report of November 20,2013 for a more comprehensive and detailed summary of all development approvals.The project consists of 37,642 square feet of retail floor area,39,434 square feet of restaurant floor area,83,462 square feet of office floor area, and 343 dwelling units. At its meeting of April 12,2017,the City Commission approved the settlement agreement for the Atlantic Crossing project. At its meeting of March 1, 2017, the City Commission approved the following waivers: 1.A waiver to LDR Section 5.3.1(D)(2),which requires a minimum right-of-way width of 60 feet for the new east/west road between NE 6th Avenue and NE 7th Avenue,with the condition that a public roadway easement be dedicated for the roadway. 2.A waiver to LDR Section 6.1.3(B)(1)(f),which requires an 8-foot wide sidewalk where 6 feet is proposed along the north side of the new east/west road between NE 6th Avenue and NE 7th Avenue. 3.A waiver to LDR Section 4.4.13(F)(4),which requires minimum and maximum building setbacks for the buildings and frontage along the new east/west road between NE 6th Avenue and NE 7th Avenue. 4.A waiver to LDR Section 4.6.18(B)(14)(iv)(2),which requires a minimum wall transparency on the ground floor of 75%where 37.5%is proposed for the building on the south side of the new east/west road City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-482,Version:1 ground floor of 75%where 37.5%is proposed for the building on the south side of the new east/west road between NE 6th Avenue and NE 7th Avenue. At its meeting of May 15,2017,the Planning and Zoning Board (PZB)approved the preliminary plat and recommended approval of the final subdivision plat to the City to the City Commission. The Class II Site Plan will be considered by the Site Plan Review and Appearance Board (SPRAB)at its meeting on March 24, 2017. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: The plat is in association with the settlement agreement. City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ 1 After recording, return to: Michael P. Quinn Carey, O’Malley, Whitaker, Mueller, Roberts & Smith, P.A. 712 S. Oregon Ave. Tampa, FL 33606 Parcel Id No.: ACCESS EASEMENT THIS ACCESS EASEMENT, made this _____ day of ________, 2017, between EDWARDS ATLANTIC AVENUE, LLC, an Ohio limited liability company, with an address of _____________ (“Grantor”), and the CITY OF DELRAY BEACH, a Florida municipal corporation, with a mailing address of _________________ (“Grantee”); WITNESSETH: WHEREAS, Grantor is the developer of real property located within Palm Beach County, Florida; WHEREAS, Grantee requires a non-exclusive dual purpose perpetual easement for vehicular and pedestrian ingress and egress across that certain roadway and sidewalk constructed on Grantor’s property as more particularly described herein; WHEREAS, the providing of public ingress and egress over the Grantor’s property constitutes a public purpose; and NOW, THEREFORE, in consideration of the public purpose stated herein, and the mutual covenants, terms, and conditions and restrictions contained herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated fully herein by this reference. 2. Grant of Easements. Grantor voluntarily grants, dedicates and conveys to Grantee, subject to any previous and duly recorded easements or grants of record, a permanent non-exclusive access easement (the “Easement”) for the dual purposes of pedestrian and vehicular ingress and egress upon, over, through and across the lands hereinafter described. The permanent easement granted herein is located in the City of Delray Beach, County of Palm 2 Beach, State of Florida, and is on, over, and across only those portions of the land described in Exhibit A, attached hereto and incorporated herein, at the finish grade of the pavement and sixteen and a half feet (16.5) feet above finished grade of the pavement (the “Easement Area”), but excluding any areas below the finished grade of the pavement. Said Easement shall be of the nature and character and to the extent hereinafter set forth. 2. Purpose of Easement. The Easement is granted for the sole and express purpose of providing vehicular and pedestrian ingress and egress across the Easement Area. 3. Grantor’s Use of Easement Area. Grantor further covenants and agrees that no building, structure, or other above or below ground obstruction that may interfere with the purposes for which this Easement is granted may be placed, erected, installed or permitted upon the Easement Area; provided, however, Grantor shall be permitted to construct and maintain (i) an underground parking structure to be located below the Easement Area; (ii) a storm sewer, an electric line and other utilities to be located below the Easement Area; and (iii) portions of Grantor’s buildings which may be located above, but not within, the Easement Area. Further, Grantor hereby reserves the right to use the Easement Area for all uses not inconsistent with Grantee’s rights herein. 4. Easements Run with the Land. The Easement shall remain a charge against the property. Therefore, the Easement shall run with the land and be automatically assigned by any deed or other conveyance conveying the easement property, or a portion thereof, relating to these easements, even though the conveyance makes no reference to the Easement as such. 5. Violations of Easement. Grantor further agrees that in the event the terms of this Easement are violated, such violation shall immediately be corrected by the Grantor upon receipt of written notice from the Grantee, or if the Grantor fails to so immediately correct the violation the Grantee may itself elect to correct or eliminate such violation at the Grantor’s expense. The Grantor shall promptly reimburse the Grantee for any costs or expenses incurred by the Grantee in enforcing the terms of this paragraph. 6. Recordation. Grantee shall record this instrument in a timely fashion in the Official Records of Palm Beach County, Florida and may re-record it at any time as may be required to preserve its rights in this Easement. 7. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the Grantee’s right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the Grantee's potential liability under state or federal 3 law. 8. Indemnification. Grantee agrees to the fullest extent permitted by law, to indemnify, defend and hold harmless Grantor from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability, arising from, out of, or caused by: Grantee, its officers, employees, agents, or contractors, negligent or intentional acts, errors, omissions in the operation, maintenance, construction, repair or other use contemplated herein of the Improvements, except to the extent of negligence or wanton misconduct of the Grantor. The indemnification provided above shall obligate the Grantee to defend at its own expense or to provide for such defense, at the option of the Grantor, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the Grantor which may result under this Agreement. In all events, the Grantor shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are not greater than a rate deemed reasonable in Palm Beach County, Florida. 9. Injunctive Relief. The parties agree that, in the event of default, there may not be an adequate remedy at law, and therefore, it is agreed the parties shall be entitled to seek injunctive relief, including a mandatory injunction. 10. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Florida. Venue for all disputes shall be properly placed in Palm Beach County, Florida. The parties agree that the Agreement was consummated in Palm Beach County, and the site of the easements is in Palm Beach County, Florida. 11. Notice. All notices, demands, requests, consents, approvals or other communications (collectively, “Notices”) required or permitted to be given hereunder or which are given with respect to this Agreement shall be effective only if in writing and delivered by personal service, or delivered to an overnight courier service with guaranteed next day delivery or mailed by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: 4 TO GRANTOR: TO GRANTEE: or to such other address as such party shall have specified most recently by like Notice. The aforesaid attorneys for the parties hereto are hereby respectively authorized to give any Notice permitted under this Agreement. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. 14 Modification. This Easement shall only be modified by a written instrument executed by the parties hereto or any successor, assigns, heirs, or representatives thereto. 15. Entire Agreement. This Easement constitutes the full and entire agreement between the parties hereto and supersedes any oral or written prior communications between the parties related to the subject matter contained in this Easement. The laws of Florida shall govern this Easement. - - The Remainder of this Page is Intentionally Blank- - 5 IN WITNESS WHEREOF, the undersigned has hereunto set their hands and official seals on the date first written above. WITNESS: (Print Name)_________________________ (Print Name)__________________________ EDWARDS ATLANTIC AVENUE, LLC, an Oho limited liability company By: __________________________ Jeffrey W. Edwards, President STATE OF OHIO ) ) ss. COUNTY OF FRANKLIN ) The foregoing instrument was acknowledged before me this ___ day of _________, 2017 by Jeffrey W. Edwards, as President of Edwards Atlantic Avenue, LLC, an Ohio limited liability company, on behalf of such limited liability company. Witness my hand and official seal. My commission expires: _____________________________ ____________________________ Notary Public 6 EXHIBIT A Easement Area City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-430,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: June 6, 2017 LANDSCAPE MAINTENANCE AGREEMENT FOR 912 PALM TRAIL. Recommended Action: Motion to Accept a Landscape Maintenance Agreement for proposed landscaping at 912 Palm Trail. Background: The landscape maintenance agreement is associated with the demolition of the existing buildings at 912 Palm Trail and the construction of two fee simple townhome buildings with five units on each separately platted lot.The site plan,architectural elevations,and the landscape plans were approved by the Site Plan Review and Appearance Board on April 12th 2017.The landscaping will exist within the right-of-way and will continue to be an enhancement to the streetscape along an alleyway,Palm Trail McKee Lane and Witherspoon Lane. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: N/A City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ May 1, 2017 CITY ATTORNEY OFFICE - LEGAL REVIEW CHECKLIST Name of Agreement: 912 Palm Trail Landscape Maintenance Agt Department: Contact person: City Manager approval: Yes No City Commission approval:  Agenda Item # _________________________________________________________________  Agenda Meeting Date: ___________________________________________________________ Agreement Action: New Renewal Amendment (S/A). Standard City form agreement Has the agreement been signed and notarized/witnessed by the vendor: Yes No For City Attorney Use only: Agreement Terms: Comments/Specific Provision in Agreement Term (Duration of Agreement) Runs with land Sec. 11 Termination Clause Sec. 5 for cause and Sec 7 for convenience Renewal Clause N/A Insurance None Indemnification City Standard Sec 8 Warranties N/A Assignment Sec. 10 written consent of City Non-Discrimination Policy N/A Inspector General Provision N/A FL. Public Records Provision (2016) N/A Governing Law Florida Venue Silent Attorney’s fees None Waiver of Jury trial None Business Principles: Comments Fees: Total Value 0 Fees: Per Fiscal Year 0 Other Issues: Comments Non-Negotiable Issues/ Miscellaneous Issues/ Special Considerations Standard form. Exhibits attached. Consistent with applicable policies including, but not limited to, Procurement policies. Yes/No Attorney: /s/ Janice Rustin Reviewed and approved as to form and legal sufficiency only City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-377,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Chief Neal de Jesus, Interim City Manager DATE:June 6, 2017 AMENDMENT TO REAL ESTATE LEASE FILE #317-3-1 BETWEEN FLAGLER STATION II LLC AND THE CITY OF DELRAY BEACH CONCERNING THE CITY'S CONTINUED USE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY Recommended Action: Motion to Approve an amendment to Real Estate Lease File #317-3-1 between Flagler Station II LLC and the City of Delray Beach concerning the City's continued use of the Florida East Coast Railway right-of-way. Background: The City of Delray Beach was provided written notice in October 2016 that the lease allowing the City's use of Florida East Coast (FEC) Railway right-of-way in the downtown area would be terminated effective November 11, 2016 due to conflicts with the construction of new rail infrastructure and expansion of rail services. In lieu of termination, the FEC was agreeable to amending the lease to allow the City to retain portions of the lease not impacted by the new rail infrastructure. As directed by the City Manager, Environmental Services notified the FEC lease manager on November 7, 2016 that the City was interested in beginning the process to amend the lease. On March 10, 2016 the City received the Reinstatement of and Amendment to the Real Estate Lease as well as notification that the notice of lease termination was being withdrawn. The documents have been undergoing internal review. The amendment to the lease revises the boundary of the leased premises to allow the City's continued use of the property. A condition of the lease amendment is the removal of 7 feet of asphalt, concrete curbing, and parking stops within Parcel A including a fence to prevent any encroachment into the Railroad's right-of-way. The lease amendment requires the City's use to be no closer than 25 feet from the centerline of the main track. As a result, the size of Parcel A, will be reduced to 11 feet wide by 400 feet long on the railway's easterly right-of-way located adjacent to NE 3rd Avenue and north of East Atlantic Avenue. The leased premises is currently being used for 38 public parking spaces (90°). All of these parking spaces will be impacted by the new setback for the Brightline tracks. However, 18 parallel parking spaces which meet the City's Engineering Standards will fit in the new footprint for the amended lease; resulting in a net loss of 20 public parking spaces. Other use options such as golf cart parking City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-377,Version:1 and bicyle parking are being considered in the design of the Trespass Prevention Project. The annual rental for the leased property has been paid in full for the 12/17/15 and 12/17/16 billing periods. Based on the adjustments that will be made to those billing periods once the reinstatement and amendment is executed, there will be a credit balance on the City's account in the amount of ($9,668.62) that can be applied to the 12/17/17 billing period. The annual rental for the leased property for the 12/17/16 and 12/17/17 billing period is $18,029. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 001-3151-545.44-10 (General Fund: Land Leases). Timing of Request: Consideration of this lease amendment is a high priority and integral to the design of the Trespass Prevention Project. City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ May 1, 2017 CITY ATTORNEY OFFICE - LEGAL REVIEW CHECKLIST Name of Agreement: Reinstatement of and Amendment to Real Estate Lease Department: Contact person: City Manager approval: Yes No City Commission approval: Agenda Item # _________________________________________________________________ Agenda Meeting Date: ___________________________________________________________ Agreement Action: New Renewal Amendment (S/A). Standard City form agreement Has the agreement been signed and notarized/witnessed by the vendor: Yes No For City Attorney Use only: Agreement Terms: Comments/Specific Provision in Agreement Term (Duration of Agreement) One year Termination Clause For convenience with 30 days written notice Renewal Clause Renews automatically for 1 year Insurance 10b. City to maintain GCL, auto, property and WC Indemnification 10a. City to indemnify for City’s negligence Assignment 16.Written consent of RR Disclaimers NA Non-Discrimination Policy NA Inspector General Provision NA FL. Public Records Provision (2016) NA Governing Law Fl Venue Duval County Attorney’s fees 10a. City to pay fees for indemnification Waiver of Jury trial 34 Business Principles: Comments Fees: Total Value Fees: Per Fiscal Year $18,029/ year with annual increase of of 5% or rental rate of similar properties (whichever greater). Other Issues: Comments Non-Negotiable Issues/ Miscellaneous Issues/ Special Considerations Restatement of 2006 lease to decrease leased area. Railway not open to negotiations regarding standard contract terms, Consistent with applicable policies including, but not limited to, Procurement policies. Y Attorney: / s/Janice Rustin Reviewed and approved as to form and legal sufficiency only City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-394,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Chief Neal de Jesus, Interim City Manager DATE:June 6, 2017 RESOLUTION NO. 41-17 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FOURTH CYCLE INTERLOCAL AGREEMENT Recommended Action: Motion to Approve Resolution No. 41-17 authorizing an Interlocal Agreement with Northern Palm Beach County Improvement District regarding the National Pollutant Discharge Elimination System Fourth Cycle Permit. Background: On December 9, 1996, the United States Environmental Protection Agency (“EPA”) on the 9th day of December, 1996, issued its National Pollutant Discharge Elimination System (“NPDES”) Permit No. FLS000018 (“MS4 NPDES Permit”) to approximately forty (40) governmental entities designated as the Palm Beach County-Municipal Separate Storm Sewer System (“MS4”) Permittees. The City of Delray Beach is a Co-Permittee under the MS4 NPDES Permit. The Northern Palm Beach County Improvement District is the Lead Permittee. EPA has since delegated its regulatory and enforcement authority relating to the MS4 NPDES Permit to the Florida Department of Environmental Protection (“FDEP”. FDEP Rule 62-4.052, F.A.C., implemented an annual regulatory program and also set fees to effect the legislative intent that FDEP’s costs for administering the NPDES Permit be borne by the regulated entities. At or before the expiration of each MS4 NPDES Permit, the Permittees must file a re-application to FDEP for renewal of the MS4 NPDES Permit for a subsequent term. The MS4 NPDES Permits granted by FDEP to the Permittees contain separate obligations and responsibilities for each individual Permittee, as well as obligations and responsibilities that may be performed jointly by the Co-Permittees. Accordingly, a separate interlocal agreement is executed between the Lead Permittee (Northern Palm Beach County Improvement District) and the City of Delray Beach. The City's portion of the common costs for FY 2016/17 in the amount of $31,969 including a 10% contingency reserve has been paid. The Interlocal Agreement with the City provides that the agreement continues year to year, subject to annual funding. The agreement may also be terminated upon 30 days notice. City Attorney Review: Approved as to legal sufficiency. City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-394,Version:1 Finance Department Review: Finance recommends approval. Funding Source: The Stormwater Utility Enterprise Fund supports these activities. The funding appropriation to continue the City's support of this interlocal agreement is subject to the approval of the FY 2017/18 Budget. Timing of Request: Northern Palm Beach County Improvement District has requested that the interlocal agreement be executed in a timely fashion. After full execution, the interlocal agreement will be filed with the Clerk of the Court by Northern Palm Beach County Improvement District. City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ 1 RESOLUTION NO. 41-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACHAPPROVING AND AUTHORIZING EXECUTION OF AN NPDES FOURTH CYCLE PERMIT INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, THE LEAD PERMITTEE WHEREAS, NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT (“District”) is an independent special district of the State of Florida, operating in accordance with the provisions of Chapter 2000-467, Laws of Florida, as amended and supplemented, and applicable provisions of Chapter 298, Florida Statutes; and WHEREAS, the District is the lead Co-Permittee for the Palm Beach County NPDES program; and WHEREAS, the City of Delray Beach is one of the Co-Permittees with the District in regard to the subject Palm Beach County NPDES program; and WHEREAS, the NPDES Permit authorizes certain activities to be conducted through cooperative efforts via interlocal agreements; and WHEREAS, the City of Delray Beach and the District wish to enter into the attached interlocal agreement which sets forth each party’s respective duties and obligations pertaining to the Palm Beach County NPDES program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, THAT: Section 1:The City Commission hereby approves and authorizes the Fourth Cycle Permit Interlocal Agreement between the District and the City of Delray Beach. Section 2:This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this _______ day of _________, 2017. CARY D. GLICKSTEIN, MAYOR Attest: ____________________________ City Clerk 1 MS4 NPDES FOURTH CYCLE PERMIT INTERLOCAL AGREEMENT This MS4 NPDES Fourth Cycle Permit Interlocal Agreement (the “Agreement”) is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 359 Hiatt Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as the “Lead Permittee”), and CITY OF DELRAY BEACH (hereinafter referred to as “the Co- Permittee”). W I T N E S S E T H: WHEREAS, the United States Environmental Protection Agency (hereinafter referred to as “EPA”) on the 9th day of December, 1996, issued its National Pollutant Discharge Elimination System (“NPDES”) Permit No. FLS000018 (with it and all such subsequent permits being hereinafter referred to as the “MS4 NPDES Permit”) to approximately forty (40) governmental entities designated as the Palm Beach County-Municipal Separate Storm Sewer System (“MS4”) Permittees (hereinafter referred to jointly as the “Permittees”); and WHEREAS, EPA has since delegated its regulatory and enforcement authority relating to the MS4 NPDES Permit to the Florida Department of Environmental Protection (“FDEP”); and WHEREAS, Section 403.0885, Florida Statutes, established the federally approved state NPDES Program; and WHEREAS, FDEP Rule 62-4.052, F.A.C., implemented an annual regulatory program and also set fees to effect the legislative intent that FDEP’s costs for administering the NPDES Permit be borne by the regulated entities; and WHEREAS, at or before the expiration of each MS4 NPDES Permit, the Permittees must file a re-application to FDEP for renewal of the MS4 NPDES Permit for a subsequent term; and WHEREAS, the MS4 NPDES Permits granted by FDEP to the Permittees contain separate obligations and responsibilities for each individual Permittee, as well as obligations and responsibilities that may be performed jointly by the Permittees; and WHEREAS, the Permittees previously established a 7-member Steering Committee comprised of two (2) representatives of large municipalities, two (2) representatives of smaller municipalities, one (1) representative of special districts, one (1) representative from Palm Beach County, and the Lead Permittee, which Committee will continue to coordinate the joint activities conducted under the MS4 NPDES Permit, including but not limited to recommending to the Lead Permittee retention of necessary consultants to execute each MS4 NPDES Permit; and WHEREAS, due to the number of Permittees and the tasks that must be performed pursuant to each MS4 NPDES Permit, it has been previously determined that it would be more economically and administratively feasible to allocate duties, responsibilities, and costs associated with the MS4 2 NPDES Permits pursuant to individual interlocal agreements between each Co-Permittee and the Lead Permittee; and WHEREAS, the parties hereto have previously entered into interlocal agreements regarding the MS4 NPDES Permit, most recently a Third Term Permit Interlocal Agreement, which agreement continues from year to year, subject to the annual Funding Year renewal process set forth in Section 3.03 of said agreement, unless otherwise terminated in accordance with other provisions of said agreement; and WHEREAS, the MS4 NPDES Third Term Permit expired March 1, 2016; and WHEREAS, the Permittees timely submitted a re-application for a permit renewal, thereby administratively continuing the MS4 NPDES Third Term Permit until such time as a new NPDES permit was issued; and WHEREAS, FDEP issued an MS4 NPDES Permit for a Fourth Cycle, hereinafter referred to as the “MS4 NPDES Fourth Cycle Permit”, on September 8, 2016; and WHEREAS, Section 4.02 of the NPDES Third Term Permit Interlocal Agreement provides, in pertinent part, that any changes, modifications, revisions, or additions to the terms of the MS4 NPDES Permit made subsequent to the Effective Date of that agreement, are expressly excluded from and not a subject of said agreement unless and until agreed to by written agreement of the parties; and WHEREAS, the MS4 NPDES Fourth Cycle Permit contains several changes, modifications, revisions, or additions to the terms of the MS4 Third Term Permit, thereby necessitating this MS4 Fourth Cycle Permit Interlocal Agreement in lieu of an amendment to the prior agreement; and WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part I, Florida Statutes, as amended, to enter into this Agreement and do hereby adopt, ratify and confirm the provisions and incorporation herein of Subparagraph (9), Section 163.01, Florida Statutes. NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, as amended, the undersigned parties, for and in consideration of the mutual benefits set forth herein, do hereby enter into this Agreement and represent, covenant, and agree with each other as follows: SECTION ONE REPRESENTATIONS 1.01. Recitals. The recitals and representations as set forth hereinabove are true and correct to the best of the knowledge of the parties and are incorporated herein by this reference. SECTION TWO DESIGNATION OF PARTIES 3 2.01. Lead Permittee. Northern Palm Beach County Improvement District is hereby designated as the Lead Permittee for the purposes of this Agreement and each MS4 NPDES Permit. 2.02. Co-Permittee. The City of Delray Beach is hereby designated as a Co-Permittee for the purposes of this Agreement and each MS4 NPDES Permit. SECTION THREE TERM OF AGREEMENT 3.01. Agreement Term. The term of this Agreement begins as of the date it is signed by the last of the parties, and shall continue from year to year, subject to the annual Funding Year (as hereinafter defined) renewal process set forth in following Section 3.03, unless otherwise terminated in accordance with other provisions of this Agreement. The parties to this Agreement shall undertake a mutual review of this Agreement during the final year of the term of each Permit. 3.02. Funding Year. The term “Funding Year” is defined as a fiscal year beginning on October 1 and ending on September 30. 3.03. Renewal. This Agreement shall be automatically renewed as of the beginning date of each Funding Year and continue in full force and effect from Funding Year to Funding Year, unless: (i) a party to this Agreement provides written notice of non-renewal to the other party at least thirty (30) days prior to the end of the then-current Funding Year, or (ii) the Agreement has been previously terminated as provided herein. SECTION FOUR SCOPE OF WORK AND ALLOCATION OF DUTIES AND OBLIGATIONS 4.01. Allocation of Duties and Obligations (i) The Lead Permittee shall be responsible for those duties and obligations which are specifically identified and delineated in Exhibit “A” which is attached hereto and incorporated herein (the “Lead Permittee Services”). The Lead Permittee Services may be revised from time to time as required by the MS4 NPDES Permit. Any such revisions shall be agreed to in writing by the Co-Permittee and incorporated into Exhibit “A” and made a part of this Agreement. All revisions to Exhibit “A” shall be attached sequentially to the original Agreement so that all modifications to the Lead Permittee Services that occur over time may be determined. (ii) The Co-Permittee shall be responsible for such other duties and obligations which are specifically identified as being its individual responsibility in the MS4 NPDES Permit. 4.02. Modifications to MS4 NPDES Permit In accordance with Section 403.067, Florida Statutes, MS4 NPDES permits must be consistent with the requirements of FDEP-adopted TMDLs. A MS4 NPDES Permit may be reopened and revised during its term to adjust effluent limitations or monitoring requirements should future adopted TMDL, water quality studies, FDEP-approved changes in water quality 4 standards, or other information show a need for a different limitation or monitoring requirement. It is understood and agreed that any other changes, modifications, revisions, or additions to the terms of the MS4 NPDES Permit made subsequent to the Effective Date of this Agreement are expressly excluded from and not a subject of this Agreement unless and until incorporated herein by written agreement of the parties. SECTION FIVE BUDGET AND FUNDING 5.01. Administrative Procedures. The procedures to be followed by the Lead Permittee regarding the collection, management and disbursement of the Co-Permittee payments are set forth in a resolution titled “Resolution of the Board of Supervisors of Northern Palm Beach County Improvement District Approving the NPDES Steering Committee Administrative Procedures for Collection, Management and Disbursement of NPDES Interlocal Agreement Funds” (the “Resolution), which was adopted by the Lead Permittee, a copy of which is attached hereto as Exhibit “B”. Section 2 of the Resolution incorporates by reference the “NDPES Steering Committee Administrative Procedures for Collection, Management and Disbursement of NPDES Interlocal Agreement Funds” (the “Procedures) which are incorporated into this Agreement and are to be followed by the parties to this Agreement. The Resolution and the Procedures may be amended from time to time upon the approval of the MS4 NPDES Steering Committee and the Lead Permittee. However, the Co-Permittee shall be given a minimum of 60 days advance written notice of any proposed amendments to the Resolution or the Procedures, and shall be afforded the opportunity to offer comments to the Lead Permittee and/or the MS4 NPDES Steering Committee prior to any action being taken on said proposed amendments. Any amendment that is incorporated into this Agreement shall also be agreed to in writing by the Co-Permittee. 5.02. Annual Budget. Since this Agreement is anticipated to be renewed for a number of Funding Years, the parties acknowledge that it is not in their respective best interests to project the potential costs the Lead Permittee may be required to incur for future Funding Years in order to carry out the Lead Permittee Services. Therefore, the parties agree to arrive at a mutually acceptable payment amount on a per Funding Year basis in order to more accurately calculate the amount that will be required to be paid by the Co-Permittee to the Lead Permittee for the provision of Lead Permittee Services during each Funding Year. 5.03. Prior Funding. The parties agree that any surplus funds previously paid by the Co- Permittee to the Lead Permittee pursuant to any prior interlocal agreement it has entered into with the Lead Permittee involving a MS4 NPDES Permit shall be applied to and used for the provision of Lead Permittee Services during the next Funding Year period. 5.04. First Funding Year Payment. In addition to the surplus funds referenced in Section 5.03 above, the parties agree that for the upcoming 2016/2017 Funding Year, the Co-Permittee has paid the Lead Permittee the sum of Thirty-One Thousand Nine Hundred Sixty-Nine dollars 5 ($31,969.00), which sum represents payment of both the Lead Permittee’s Services for the upcoming Funding Year of this Agreement and the ten percent (10%) Reserve Fund Contingency required pursuant to Section 5.05. 5.05. Reserve Contingency. The parties acknowledge that each Funding Year payment will include a ten percent (10%) reserve fund contingency (the “Reserve Fund Contingency”) for unexpected additional costs and expenses incurred in the preparation and implementation of a MS4 NPDES Permit. 5.06. Current Funding. The parties believe that the funding specified in above Section 5.04 will be sufficient to satisfy the current MS4 NPDES Permit requirements for the 2016/2017 Fiscal Year unless unexpected additional costs and expenses of the nature described in following Section 6.03 are incurred. 5.07. Future Funding Year Payments. The parties: (i) acknowledge that on or before January 31, 2016, the Lead Permittee provided a budget to the Steering Committee of the amount the Permittees will each be requested to pay during the next Funding Year, and (ii) agree that all subsequent Funding Year budget estimates will be provided on or about January 31st of each following year. The Lead Permittee and Co-Permittee shall have until July 31st of each year to arrive at a mutually acceptable dollar amount to be paid by the Co-Permittee to the Lead Permittee for the immediately upcoming Funding Year, which shall be paid pursuant to Section Six of this Agreement. If the parties cannot agree upon a mutually acceptable dollar amount by the aforementioned deadline, this Agreement shall be deemed terminated unless otherwise agreed to in writing by and between the parties. 5.08. Final Funding Year of a MS4 NPDES Permit Term. It is assumed that during the last Funding Year of the term of each MS4 NPDES Permit, the Permittees and FDEP will commence to negotiate the provisions of the next MS4 NPDES Permit. As a result, allocation of the Scope of Services that are required to be provided hereunder may be modified. Due to this uncertainty, each party’s duties and obligations hereunder, together with the funding process for provision of Lead Permittee Services, will be reexamined during the last Funding Year of the term of each MS4 NPDES Permit. 5.09. Separate Co-Permittee Expenses. In addition to the payments required to be paid by the Co-Permittee to the Lead Permittee pursuant to Sections 5.03 through 5.07, the Co- Permittee shall be responsible for all other costs and expenses relating to its individual duties and obligations under a MS4 NPDES Permit, including, but not limited to: (1) all costs of the Co- Permittee’s preparation and submittal of such of its own individual annual report(s) that may be separately required by a MS4 NPDES Permit, (2) costs of all monitoring that may be the Co- Permittee’s individual responsibility, (3) costs of gathering, compiling, coordinating, and submitting all necessary data that may be individually required of the Co-Permittee by a MS4 NPDES Permit, and (4) all other costs of carrying out any other individual responsibility of the Co-Permittee according to the requirements of a MS4 NPDES Permit. SECTION SIX PAYMENT PROCEDURE 6 The Co-Permittee agrees to pay each of its Funding Year payments as follows: 6.01. First Funding Year. The First Funding Year payment for the current MS4 NPDES Permit Term will be paid in either a single lump sum payment on or before November 15, 2016 or in twelve (12) equal monthly installments commencing on October 15, 2016, and thereafter on the 15th day of each subsequent month during the First Funding Year (such payment dates being hereinafter referred to as “Payment Due Date(s)”). In addition, an alternative payment schedule allowing for quarterly payments, pursuant to the Procedures found herein, may be utilized by the Co-Permittee, unless and until such time as the Procedures are amended to eliminate said alternate payment schedule. The initial Funding Year for all future MS4 NPDES Permits shall be referred as the First Funding Year. 6.02. Subsequent Funding Year Payments. Once a Funding Year payment amount has been agreed upon, the Co-Permittee may, at its option, pay the entire agreed-upon amount in a single lump sum on or before November 15 of that particular Funding Year, or in twelve (12) equal monthly installments commencing on October 15th of that Funding Year and thereafter on the 15th day of each subsequent month during that Funding Year (such payment dates also being hereinafter referred to as “Payment Due Date(s)”). In addition, an alternative payment schedule allowing for quarterly payments, pursuant to the Procedures found herein, may be utilized by the Co-Permittee, unless and until such time as the Procedures are amended to eliminate said alternate payment schedule. 6.03. Additional Costs. Since it is possible that following the parties’ agreement as to a particular Funding Year’s payment amount, unexpected additional costs and expenses may arise which will need to be paid in order for the Lead Permittee to carry out its Lead Permittee Services for that Funding Year, the parties agree as follows: (i) If the Lead Permittee determines that unexpected additional costs and expenses must be incurred in order for it to timely provide its Lead Permittee Services, the Lead Permittee shall promptly notify the Co-Permittee, in writing, of the nature and estimated amount of the Co-Permittee’s allocable share of these unexpected additional costs and expenses, as well as the Lead Permittee’s intent to draw down funds from the Co-Permittee’s Reserve Fund Contingency in order to pay said Co-Permittee’s allocable share of the unfunded and unexpected additional costs and expenses. (ii) If the Co-Permittee’s allocable share of the unexpected additional costs and expenses exceeds the amount held in the Co-Permittee’s Reserve Fund Contingency account, the Lead Permittee shall address the need for such excess amount in the above subparagraph (i) notice to the Co-Permittee. The Lead Permittee and Co-Permittee shall then attempt to negotiate a payment procedure for the unfunded and unexpected additional costs and expenses. (iii) If the Lead Permittee and Co-Permittee agree as to the need and amount of the unfunded and unexpected additional costs and expenses, their agreement shall be reduced to writing. The agreed upon unfunded and unexpected additional costs and expenses shall be paid either by a lump sum payment within thirty (30) days of their agreement in writing or divided by 7 the remaining months of that particular Funding Year and paid to the Lead Permittee in equal monthly installments for the remainder of the subject Funding Year. (iv) If the Lead Permittee and Co-Permittee are not able to timely agree as to the need and/or amount of the unfunded and unexpected additional costs and expenses, the Lead Permittee may suspend or terminate this Agreement, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co-Permittee. 6.04. Failure to Pay. Unless otherwise agreed to in writing by and between the parties hereto, if a Funding Year payment or agreed upon unfunded and unexpected additional costs and expenses payment is not timely paid within thirty (30) days of a Payment Due Date, the duties and obligations assumed by the Lead Permittee under the terms of this Agreement may be suspended and/or terminated by the Lead Permittee, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co-Permittee unless cured by the Co-Permittee by payment in full of the omitted payment within said thirty (30) day notice time period. SECTION SEVEN OPTION TO TERMINATE 7.01. Termination. Either party to this Agreement shall have the right to terminate this Agreement at will and without cause, provided that the party wishing to terminate the Agreement must provide thirty (30) days prior written notice to the other party of said terminating party’s decision to terminate this Agreement. Said termination shall not be effective until said thirty (30) day prior notice period has elapsed (the “Termination Date”). In addition to the aforementioned termination rights, the Agreement may be terminated as provided in Sections 5.07 , 6.03(iv), and 6.04. 7.02. Effect of Termination. In the event of termination of this Agreement by the Co- Permittee, the Co-Permittee shall thereupon be individually and solely responsible for all requirements of the applicable MS4 NPDES Permit which are designated therein as the individual responsibility of said Co-Permittee. Thereafter, the Lead Permittee and other Permittees shall not be responsible for said terminating Co-Permittee’s individual obligations under the applicable MS4 NPDES Permit. 7.03. Costs and Expenses. Irrespective of which party elects to terminate this Agreement or in the event of a failure to pay by the Co-Permittee to the Lead Permittee the amounts due under and pursuant to the terms of this Agreement, the parties agree that any costs and expenses previously incurred or obligated to be paid by the Lead Permittee as of the Termination Date shall still be due and owing and the right to collect said amount(s) shall survive termination of this Agreement. 7.04. Refunds. The parties acknowledge that the Lead Permittee anticipates entering into contracts with one or more consultants or contractors for the provision of services required in order for the Lead Permittee to provide some or all of its Lead Permittee Services. Since the Co- Permittee’s payments under this Agreement represent only a portion of what the Lead Permittee will have to pay its consultants and contractors for their services, the Co-Permittee will not be 8 entitled to receive a refund from the Lead Permittee for any monies that the Co-Permittee has previously paid pursuant to this Agreement unless the Lead Permittee is able to obtain a reduction in its contractual obligations with its consultants or contractors as a result of the termination of this Agreement. In that event, the Lead Permittee shall be obligated to reimburse the Co-Permittee for its allocable share of the amount of such reduction in costs and expenses. 7.05. Documentation and Data. In the event this Agreement is cancelled or term inated, all documentation and data previously collected by the Lead Permittee in accordance with its duties and obligations as assumed herein, shall be made available to the Co-Permittee. SECTION EIGHT ENFORCEMENT, VIOLATIONS, AND/OR DEFAULT 8.01. Enforcement. The designation herein of the Lead Permittee is not intended nor shall it be construed as authorizing, granting or permitting the Lead Permittee to accept or assume any powers of enforcement of the applicable MS4 NPDES Permit as to the other party. 8.02. Violations. Neither party to this Agreement shall be deemed to have assumed any liability for any negligent or wrongful acts or omissions of the other party, and in no event shall any of the provisions of this Agreement be construed as a waiver by either party of its sovereign immunity rights or of the liability limits established in Section 768.28, Florida Statutes. 8.03. Dispute Resolution Process. Any dispute or conflict between the parties that arises from any of the terms or conditions of this Agreement, including any exhibits thereto, shall be presented in writing by the complaining party to the other party. The parties’ representatives shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process per Ch. 164, F.S., or litigation or any other formal dispute resolution process. SECTION NINE MISCELLANEOUS PROVISIONS 9.01. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by prepaid express overnight courier or messenger service, telecommunicated (including telex, facsimile, telegraphic, or electronic mail (e-mail) communication) with confirmation of receipt, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to Lead Permittee: Northern Palm Beach County Improvement District 359 Hiatt Drive Palm Beach Gardens, Florida 33418 Attn: Executive Director Phone: (561) 624-7830 Fax: (561) 624-7839 10 9.07. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible, unless the prohibited or invalid provision reduces the payment obligations of the Co-Permittee, in which event this Agreement may be thereupon terminated by the Lead Permittee. 9.08. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all proceedings in connection herewith shall be exclusively in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of venue. 9.09. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 9.10. Remedies. The failure of any party to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that the party may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. 9.11. NPDES Permit. If there is any inconsistency between the terms of this Agreement and the applicable MS4 NPDES Permit, then the applicable MS4 NPDES Permit shall preempt, supersede, and control the provisions of this Agreement. 9.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 9.13. Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. 9.14. Termination of Prior Agreements. All previous interlocal agreements entered into between the parties to this Agreement regarding the application or execution of a MS4 NPDES Permit shall terminate as of the Effective Date of this Agreement. 9.15. Effective Date. This Agreement shall be effective as of the date it is filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. (Balance of Page Intentionally Left Blank.) 11 IN WITNESS WHEREOF, the parties have set their hand and seals the day and year hereafter written. EXECUTED by Lead Permittee this ________ day of _____________________, 20____. ATTEST: NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT By: _____________________________ By: Secretary Print: Title: [DISTRICT SEAL] EXECUTED by Co-Permittee this ________ day of _____________________, 20____. ATTEST: CITY OF DELRAY BEACH By: ______________________________ By: , Clerk Print: Title: [SEAL] APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ____________________________ (From Fourth Cycle Permit ILA) EXHIBIT “A” LEAD PERMITTEE RESPONSIBILITIES The responsibilities of the Lead Permittee as to the implementation and execution of the MS4 NPDES Permit No. FLS000018 are generally as follows: I. The timely preparation, coordination, and execution of interlocal agreements necessary to establish and implement the joint activities to be conducted for compliance with the Permit. II. The timely preparation, coordination, and submittal to FDEP each year during the term of this Agreement, of an annual report describing the activities carried out jointly to fulfill requirements in the permit. III. The timely preparation, coordination, and distribution of standardized forms and guidance documents as approved by the MS4 NPDES Steering Committee to assist permittees in carrying out the terms of the MS4 NPDES Permit. IV. The timely preparation, coordination, and execution of a countywide public education and outreach program required by Part III.A.6, Part III.A.7.e. and Part III.A.7.f. as approved by the MS4 NPDES Steering Committee. V. The timely preparation and coordination of training materials to fulfill the requirements of Part III.A.7.c, Part A.7.d, Part III.A.9.b, and Part III.A.9.c of the MS4 NPDES permit, as approved by the MS4 NPDES Steering Committee. VI. The timely preparation, coordination, and submittal to FDEP of major watershed pollutant load estimates required by Part V.A. of the MS4 NPDES Permit. VII. The timely preparation, coordination, and execution of a monitoring program included in Part V.B. of the MS4 NPDES Permit. VIII. The timely coordination, and assistance with the activities associated with the Total Maximum Daily Load (TMDL Program) as required by Part VIII. IX. The preparation and coordination of all MS4 NPDES Steering Committee workshops and meetings. X. The timely remittance of all necessary permit fees to FDEP, subject to the timely and sufficient collection of same for all other permittees. The Lead Permittee Services described herein may be revised from time to time as required by each MS4 NPDES Permit, as agreed to in writing between the MS4 NPDES Steering Committee and Northern Palm Beach County Improvement District, which revisions shall be incorporated herein and made a part of this agreement. (From Third Term Permit ILA) EXHIBIT “A” LEAD PERMITTEE RESPONSIBILITIES The responsibilities of the Lead Permittee as to the implementation and execution of the MS4 NPDES Permit No. FLS000018 are generally as follows: I. The timely preparation, coordination, and execution of interlocal agreements necessary to establish and implement the joint activities required by the Permit. II. The timely preparation, coordination, and submittal to FDEP each year during the term of this Agreement, of an annual report describing the activities carried out jointly to fulfill requirements in the permit. III. The timely preparation, coordination, and distribution of standardized forms and guidance documents as approved by the NPDES Steering Committee to assist permittees in carrying out the terms of the MS4 NPDES Permit. IV. The timely preparation, coordination, and execution of a countywide public education and outreach program required by Part III.A.6, Part III.A.7.e. and Part III.A.7.f. as approved by the NPDES Steering Committee. V. The timely preparation and coordination of training materials to fulfill the requirements of Part III.A.6, Part III.A.7.c, Part III.A.7.d, and Part III.A.9.b and Part III.A.9.c of the MS4 NPDES permit, as approved by the MS4 NPDES Steering Committee. VI. The timely preparation, coordination, and submittal to FDEP of major watershed pollutant load estimates required by Part V.A. of the MS4 NPDES Permit. VII. The timely preparation, coordination, and execution of a monitoring program included in Part V.B. of the MS4 NPDES Permit. VIII. The timely coordination, assessment, monitoring and execution of activities associated with the Total Maximum Daily Load (TMDL Program) as required by Part VIII. IX. The preparation and coordination of all MS4 NPDES Steering Committee workshops and meetings. X. The timely remittance of all necessary permit fees to FDEP, subject to the timely and sufficient collection of same for all other permittees. The Lead Permittee Services described herein may be revised from time to time as required by each MS4 NPDES Permit, as agreed to in writing between the MS4 NPDES Steering Committee and Northern Palm Beach County Improvement District, which revisions shall be incorporated herein and made a part of this agreement. EXHIBIT “B” As Revised by Steering Committee March 21, 2012; As Further Revised by Steering Committee September 21, 2016 MS4 NPDES STEERING COMMITTEE ADMINISTRATIVE PROCEDURES FOR COLLECTION, MANAGEMENT AND DISBURSEMENT OF NPDES INTERLOCAL AGREEMENT FUNDS The MS4 NPDES Steering Committee (which is comprised of two (2) representatives of large municipalities, two (2) representatives of smaller municipalities, one (1) representative of special districts, one (1) representative for Palm Beach County, and the Lead Permittee), has adopted the following administrative procedures in order to provide a level of accountability and fiscal control for the benefit of the MS4 NPDES Co-Permittees. The administrative procedures adopted by the Steering Committee are as follows: 1. Alternative MS4 NPDES Interlocal Agreement Payment Schedules. In addition to the two (2) payment options set forth in Paragraphs 6.01 and 6.02 of the MS4 NPDES Interlocal Agreement, a Co-Permittee shall also be entitled to elect to pay the annual Funding Year payments on an equal quarterly installment basis. If this additional payment option is selected by a Co - Permittee, the quarterly payments for the First Funding Year are required to be paid on or before October 1, 2016, January 1, 2017, April 1, 2017 and July 1, 2017, with all future Funding Year quarterly payments to be paid in accordance with the same quarterly payment schedule. NPBCID will be issuing one (1) invoice to each Co-Permittee for its annual Funding Year payment amount, following which the Co-Permittee shall then have thirty (30) days from the date of receipt of the invoice within which to select one of the three (3) payment options and to make its initial payment in accordance with the option so selected. 2. Income and Disbursement Accounting Documentation. (A) A quarterly income and disbursement report shall be prepared by NPBCID. The report shall be delivered to the Steering Committee within forty-five (45) days following the end of each Funding Year quarter and thereafter distributed by the Steering Committee to the representative(s) of each Co-Permittee as identified in the MS4 NPDES Interlocal Agreements. (B) The quarterly income and disbursement report shall be prepared by NPBCID in accordance with the format set forth in attached Attachment “A.” 3. Budget Accounting Documentation. A quarterly budget accounting report shall be prepared by NPBCID. The report shall be delivered to the Steering Committee within forty-five (45) days following the end of each Funding Year quarter and thereafter distributed by the Steering Committee to the representative(s) of each Co-Permittee as identified in the MS4 NPDES Interlocal Agreement. 4. Reserve Fund Contingency Expenditures. Prior to any expenditures by NPBCID of funds contained in the Reserve Fund Contingency account identified in the MS4 NPDES Interlocal Agreement, for expenses not previously addressed at a Steering Committee meeting, NPBCID shall notify and consult, if time permits, the Steering Committee members. 5. Unexpected Additional Costs and Expenses. Prior to NPBCID incurring an obligation that will require a Co-Permittee to pay unexpected additional costs and expenses exceeding the amount held in the Reserve Fund Contingency, NPBCID shall notify the affected Co-Permittee(s) and the Steering Committee of the nature of the event and the amount of the unexpected additional cost and expense. Upon receipt of such notification, the Steering Committee shall present the matter for discussion and recommendation purposes to the Co-Permittees at the next regularly scheduled MS4 NPDES Steering Committee meeting (unless it is an emergency matter in which event a special meeting will be promptly scheduled and notice given to all Co-Permittees). 6. MS4 NPDES Interlocal Agreement Budget Adoption Process. All future MS4 NPDES Interlocal Agreement Funding Year budgets shall be adopted in accordance with the following procedure: (A) On or before January 31st of each Funding Year, NPBCID shall prepare and present to the Steering Committee a proposed budget for the next Funding Year. (B) The Steering Committee shall consider the proposed next Funding Year budget at a regular Steering Committee meeting and open the matter to discussion by those Co -Permittee representatives present and attending the meeting. (C) Adoption of the next Funding Year’s budget shall require the approval of a super- majority of at least five (5) members of the Steering Committee. (D) As a part of the Steering Committee’s consideration of the next Funding Year’s budget and calculation of each Co-Permittee’s allocable share and responsibility for the funding of the budget, the Steering Committee may consider the application of any existing surplus funds as a credit towards each Co-Permittee’s allocable funding shares. “Surplus funds” for the purpose of this administrative guideline may include unexpended and unencumbered present Funding Year funds or Reserve Fund Contingency amounts, plus accrued interest thereon, if any. (E) The Steering Committee shall also be responsible for approving, by a simple majority of those Steering Committee members in attendance (provided there is a quorum) at a Steering Committee meeting, line item budget transfers. APPROVED AND ADOPTED THIS 19th DAY OF JANUARY, 2011. ATTACHMENT “A” MS4 NPDES QUARTERLY INCOME AND DISBURSEMENT REPORT FISCAL YEAR ________ FOR PERIOD ____________________ TO _______________________ CASH ON HAND [date] XXX,XXX.XX REVENUE: ___________TO ________ AGREEMENT FEES XXX,XXX.XX TOTAL REVENUES XXX,XXX.XX XXX,XXX.XX TOTAL CASH AND REVENUES AVAIL XXX,XXX.XX FOR EXPENDITURES EXPENDITURES PAID DURING ______ TO ______ ENGINEERING X.XX OTHER PROFESSIONAL FEES X.XX MISCELLANEOUS EXPENSES X.XX GOVERNMENTAL REGISTRATION FEES X.XX LEGAL X.XX TOTAL EXPENDITURES X.XX X.XX FUND BALANCE AT [date] XXX,XXX.XX RESERVE FOR CONTINGENCIES -XX,XXX.XX UNRESERVED FUND BALANCE XXX,XXX.XX IfB ocn 12o« NPDES THIRD TERM PERMIT INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement")is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT,359 Hiatt Drive,Palm Beach Gardens,Florida 33418 (hereinafter referred to as the "Lead Permittee"),and CITY OF DELRAY BEACH (hereinafter referred to as "the Co-Permittee"). WITNESSETH: WHEREAS,the United States Environmental Protection Agency (hereinafter referred to as "EPA")on the 9th day of December,1996,issued its National Pollutant Discharge Elimination System ("NPDES")Permit No.FLS000018 (with it and all such subsequent permits being hereinafter referred to as the "MS4 NPDES Permit")to approximately forty (40)governmental entities designated as the Palm Beach County-Municipal Separate Storm Sewer System ("MS4") Permittees (hereinafter referred to jointly as the "Permittees'"*;and WHEREAS,EPA has since delegated its regulatory and enforcement authority relating to the MS4 NPDES Permit to the Florida Department of Environmental Protection ("FDEP");and WHEREAS,Section 403.0885,Florida Statutes,established the federally approved state NPDES Program;and WHEREAS,FDEP Rule 62-4.052,F.A.C.,implemented an annual regulatory program and also set fees to effect the legislative intent that FDEP's costs for administering the NPDES Permit be borne by the regulated entities;and WHEREAS,at or before the expiration of each MS4 NPDES Permit,the Permittees must file a re-application to FDEP for renewal of the MS4 NPDES Permit for a subsequent term;and WHEREAS,the MS4 NPDES Permits granted by FDEP to the Permittees contain separate obligations and responsibilities for each individual Permittee,as well as obligations and responsibilities that may be performed jointly by the Permittees;and WHEREAS,due to the number of Permittees and the tasks that must be performed pursuant to each MS4 NPDES Permit,it would be more economically and administratively feasible to allocate duties,responsibilities,and costs associated with the MS4 NPDES Permits pursuant to individual interlocal agreements between each Co-Permittee and the Lead Permittee;and WHEREAS,the Permittees previously established a 7-member Steering Committee comprised of 2 representatives of large municipalities,2 representatives of smaller municipalities,1 representative of special districts,1 representative from Palm Beach County,and the Lead Permittee, which Committee will continue to coordinate the joint activities required under the MS4 NPDES 1 Permit,including but not limited to recommending to the Lead Permittee retention of necessary consultants to execute each MS4 NPDES Permit;and WHEREAS,the parties hereto are authorized pursuant to Chapter 163,Part I,Florida Statutes,as amended,to enter into this Agreement and do hereby adopt,ratify and confirm the provisions and incorporation herein of Subparagraph (9),Section 163.01,Florida Statutes. NOW,THEREFORE,in accordance with Chapter 163, Part I,Florida Statutes,as amended, the undersigned parties,for and in consideration of the mutual benefits set forth herein,do hereby enter into this Agreement and represent,covenant,and agree with each other as follows: SECTION ONE REPRESENTATIONS 1.01.Recitals.The recitals and representations as set forth hereinabove are true and correct to the best of the knowledge of the parties and are incorporated herein by this reference. SECTION TWO DESIGNATION OF PARTIES 2.01.Lead Permittee.Northern Palm Beach County Improvement District is hereby designated as the Lead Permittee for the purposes of this Agreement and each MS4 NPDES Permit. 2.02.Co-Permittee.The City of Delray Beach is hereby designated as a Co-Permittee for the purposes of this Agreement and each MS4 NPDES Permit. SECTION THREE TERM OF AGREEMENT 3.01.Agreement Term.The term of this Agreement begins as of the date it is signed by the last of the parties,and shall continue from year to year,subject to the annual Funding Year (as hereinafter defined)renewal process set forth in following Section 3.03,unless otherwise terminated in accordance with other provisions of this Agreement.The parties to this Agreement shall undertake a mutual review of this Agreement during the final year of the term of each Permit. 3.02.Funding Year.The term "Funding Year"is defined as a fiscal year beginning on October 1 and ending on September 30. 3.03.Renewal.This Agreement shall be automatically renewed as of the beginning date of each Funding Year and continue in full force and effect from Funding Year to Funding Year,unless: (i)a party to this Agreement provides written notice of non-renewal to the other party at least thirty (30)days prior to the end of the then-current Funding Year,or (ii)the Agreement has been previously terminated as provided herein. SECTION FOUR SCOPE OF WORK AND ALLOCATION OF DUTIES AND OBLIGATIONS 4.01.Allocation of Duties and Obligations (i)The Lead Permittee shall be responsible for those duties and obligations which are specifically identified and delineated in Exhibit "A"which is attached hereto and incorporated herein (the "Lead Permittee Services").The Lead Permittee Services may be revised from time to time as required by the MS4 NPDES Permit.Any such revisions shall be agreed to in writing by the Co-Permittee and incorporated into Exhibit "A"and made a part of this Agreement. All revisions to Exhibit "A"shall be attached sequentially to the original Agreement so that all modifications to the Lead Permittee Services that occur over time may be determined. (ii)The Co-Permittee shall be responsible for such other duties and obligations which are specifically identified and delineated as being its individual responsibility in the MS4 NPDES Permit. 4.02.Modifications to MS4 NPDES Permit In accordance with Section 403.067,Florida Statutes,NPDES permits must be consistent with the requirements of adopted TMDLs.A MS4 NPDES Permit may be reopened and revised during its term to adjust effluent limitations or monitoring requirements should future adopted TMDL,water quality studies,FDEP-approved changes in water quality standards,or other information show a need for a different limitation or monitoring requirement.It is understood and agreed that any other changes,modifications,revisions,or additions to the terms of the MS4 NPDES Permit made subsequent to the Effective Date of this Agreement are expressly excluded from and not a subject of this Agreement unless and until incorporated herein by written agreement of the parties. SECTION FIVE BUDGET AND FUNDING 5.01.Administrative Procedures.The procedures to be followed by the Lead Permittee regarding the collection,management and disbursement of the Co-Permittee payments are set forth in a resolution titled "Resolution of the Board of Supervisors of Northern Palm Beach County Improvement District Approving the NPDES Steering Committee Administrative Procedures for Collection,Management and Disbursement of NPDES Interlocal Agreement Funds"(the "Resolution),which was adopted by the Lead Permittee,a copy of which is attached hereto as Exhibit "B." Section 2 of the Resolution incorporates by reference the "NDPES Steering Committee Administrative Procedures for Collection,Management and Disbursement of NPDES Interlocal Agreement Funds"(the "Procedures)which are incorporated into this Agreement and are to be followed by the parties to this Agreement. The Resolution and the Procedures may be amended from time to time upon the approval of the NPDES Steering Committee and the Lead Permittee.However,the Co-Permittee shall be given a minimum of 60 days advance written notice of any proposed amendments to the Resolution or the Procedures,and shall be afforded the opportunity to offer comments to the Lead Permittee and/or the NPDES Steering Committee prior to any action being taken on said proposed amendments.Any amendment that is incorporated into this Agreement shall also be agreed to in writing by the Co- Permittee. 5.02.Annual Budget.Since this Agreement is anticipated to be renewed for a number of Funding Years,the parties acknowledge that it is not in their respective best interests to project the potential costs the Lead Permittee may be required to incur for future Funding Years in order to carry out the Lead Permittee Services.Therefore,the parties agree to arrive at a mutually acceptable payment amount on a per Funding Year basis in order to more accurately calculate the amount that will be required to be paid by the Co-Permittee to the Lead Permittee for the provision of Lead Permittee Services during each Funding Year. 5.03.Prior Funding.The parties agree that any surplus funds previously paid by the Co- Permittee to the Lead Permittee pursuant to any prior interlocal agreement it has entered into with the Lead Permittee involving a MS4 NPDES Permit shall be applied to and used for the provision of Lead Permittee Services during the next Funding Year period. 5.04.First Funding Year Payment.In addition to the surplus funds referenced in Section 5 03 above the parties agree that for the upcoming 2011/2012 Funding Year,the Co-Permittee has paid the Lead Permittee the sum of TWENTY-FOUR THOUSAND ONE HUNDRED FORTY- FIVE AND NO/100 ($24,145.00)DOLLARS,which sum represents payment of both the Lead Permittee's Services for the upcoming Funding Year of this Agreement and the ten percent (10%) Reserve Fund Contingency required pursuant to Section 5.05. 5.05.Reserve Contingency.The parties acknowledge that each Funding Year payment will include a ten percent (10%)reserve fund contingency (the "Reserve Fund Contingency")for unexpected additional costs and expenses incurred in the preparation and implementation of a MS4 NPDES Permit. 5.06.Current Funding.The parties believe that the funding specified in above Section 5.04 will be sufficient to satisfy the current MS4 NPDES Permit requirements for the 2011/2012 Fiscal Year unless unexpected additional costs and expenses of the nature described in following Section 6.03 are incurred. 5.07.Future Funding Year Payments.The parties:(i)acknowledge that on or before January 31,2011,the Lead Permittee provided a budget to the Steering Committee of the amount the Permittees will each be requested to pay during the next Funding Year,and (ii)agree that all subsequent Funding Year budget estimates will be provided on or about January 31st of each following year.The Lead Permittee and Co-Permittee shall have until July 31st of each year to arrive at a mutually acceptable dollar amount to be paid by the Co-Permittee to the Lead Permittee for the immediately upcoming Funding Year,which shall be paid pursuant to Section Six of this 4 Agreement.If the parties cannot agree upon a mutually acceptable dollar amount by the aforementioned deadline,this Agreement shall be deemed terminated unless otherwise agreed to in writing by and between the parties. 5.08.Final Funding Year of a MS4 NPDES Permit Term.It is assumed that during the last Funding Year of the term of each MS4 NPDES Permit,the Permittees and FDEP will commence to negotiate the provisions of the next MS4 NPDES Permit.As a result,allocation of the Scope of Services that are required to be provided hereunder may be modified.Due to this uncertainty,each party's duties and obligations hereunder,together with the funding process for provision of Lead Permittee Services,will be reexamined during the last Funding Year of the term of each MS4 NPDES Permit. 5.09.Separate Co-Permittee Expenses.In addition to the payments required to be paid by the Co-Permittee,to the Lead Permittee pursuant to Sections 5.03 through 5.07,the Co-Permittee shall be responsible for all other costs and expenses relating to its individual duties and obligations under a MS4 NPDES Permit,including,but not limited to:(1)all costs of the Co-Permittee's preparation and submittal of such of its own individual annual report(s)that may be separately required by a MS4 NPDES Permit,(2)costs of all monitoring that may be the Co-Permittee's individual responsibility,(3)costs of gathering,compiling,coordinating,and submitting all necessary data that may be individually required of the Co-Permittee by a MS4 NPDES Permit,and (4)all other costs of carrying out any other individual responsibility of the Co-Permittee according to the requirements of a MS4 NPDES Permit. SECTION SIX PAYMENT PROCEDURE The Co-Permittee agrees to pay each of its Funding Year payments as follows: 6.01.First Funding Year.The First Funding Year payment for the current MS4 NPDES Permit Term will be paid in either a single lump sum payment on or before November 15,2011 or in twelve (12)equal monthly installments commencing on October 15,2011,and thereafter on the 15th day of each subsequent month during the First Funding Year (such payment dates being hereinafter referred to as "Payment Due Date(s)").In addition,an alternative payment schedule allowing for quarterly payments,pursuant to the Procedures found herein may be utilized by the Co-Permittee, unless and until such time as the Procedures are amended to eliminate said alternate payment schedule.The initial Funding Year for all future MS4 NPDES Permits shall be referred as the First Funding Year. .6.02.Subsequent Funding Year Payments.Once a Funding Year payment amount has been agreed upon,the Co-Permittee may,at its option,pay the entire agreed-upon amount in a single lump sum on or before November 15 of that particular Funding Year,or in twelve (12)equal monthly installments commencing on October 15th of that Funding Year and thereafter on the 15th day of each subsequent month during that Funding Year (such payment dates also being hereinafter referred to as "Payment Due Date(s)").In addition,an alternative payment schedule allowing for quarterly payments,pursuant to the Procedures found herein may be utilized by the Co-Permittee,unless and 5 until such time as the Procedures are amended to eliminate said alternate payment schedule. 6.03.Additional Costs.Since it is possible that following the parties'agreement as to a particular Funding Year's payment amount,unexpected additional costs and expenses may arise which will need to be paid in order for the Lead Permittee to carry out its Lead Permittee Services for that Funding Year,the parties agree as follows: (i)If the Lead Permittee determines that unexpected additional costs and expenses must be incurred in order for it to timely provide its Lead Permittee Services,the Lead Permittee shall promptly notify the Co-Permittee,in writing,of the nature and estimated amount of the Co-Permittee's allocable share of these unexpected additional costs and expenses,as well as the Lead Permittee's intent to draw down funds from the Co-Permittee's Reserve Fund Contingency in order to pay said Co-Permittee's allocable share of the unfunded and unexpected additional costs and expenses. (ii)If the Co-Permittee's allocable share of the unexpected additional costs and expenses exceeds the amount held in the Co-Permittee's Reserve Fund Contingency account,the Lead Permittee shall address the need for such excess amount in the above subparagraph (i)notice to the Co-Permittee.The Lead Permittee and Co-Permittee shall then attempt to negotiate a payment procedure for the unfunded and unexpected additional costs and expenses. (iii)If the Lead Permittee and Co-Permittee agree as to the need and amount of the unfunded and unexpected additional costs and expenses,their agreement shall be reduced to writing. The agreed upon unfunded and unexpected additional costs and expenses shall be paid either by a lump sum payment within thirty (30)days of their agreement in writing or divided by the remaining months of that particular Funding Year and paid to the Lead Permittee in equal monthly installments for the remainder of the subject Funding Year. (iv)If the Lead Permittee and Co-Permittee are not able to timely agree as to the need and/or amount of the unfunded and unexpected additional costs and expenses,the Lead Permittee may suspend or terminate this Agreement,at its sole discretion,following the provision of thirty (30)days prior written notice to the Co-Permittee. 6.04.Failure to Pay.Unless otherwise agreed to in writing by and between the parties hereto,if a Funding Year payment or agreed upon unfunded and unexpected additional costs and expenses payment is not timely paid within thirty (30)days of a Payment Due Date,the duties and obligations assumed by the Lead Permittee under the terms of this Agreement may be suspended and/or terminated by the Lead Permittee,at its sole discretion,following the provision of thirty (30) days prior written notice to the Co-Permittee unless cured by the Co-Permittee by payment in full of the omitted payment within said thirty (30)day notice time period. SECTION SEVEN OPTION TO TERMINATE 7.01.Termination.Either party to this Agreement shall have the right to terminate this 6 Agreement at will and without cause,provided that the party wishing to terminate the Agreement must provide thirty (30)days prior written notice to the other party of said terminating party's decision to terminate this Agreement.Said termination shall not be effective until said thirty (30) day prior notice period has elapsed (the "Termination Date").In addition to the aforementioned termination rights,the Agreement may be terminated as provided in Sections 5.07,6.03(iv),and 6.04. 7.02.Effect of Termination.In the event of termination of this Agreement by the Co- Permittee,the Co-Permittee shall thereupon be individually and solely responsible for all requirements of the applicable MS4 NPDES Permit which are designated therein as the individual responsibility of said Co-Permittee.Thereafter, the Lead Permittee and other Permittees shall not be responsible for said terminating Co-Permittee's individual obligations under the applicable MS4 NPDES Permit. 7.03.Costs and Expenses.Irrespective of which party elects to terminate this Agreement or in the event of a failure to pay by the Co-Permittee to the Lead Permittee the amounts due under and pursuant to the terms of this Agreement,the parties agree that any costs and expenses previously incurred or obligated to be paid by the Lead Permittee as of the Termination Date shall still be due and owing and the right to collect said amount(s)shall survive termination of this Agreement. 7.04.Refunds.The parties acknowledge that the Lead Permittee anticipates entering into contracts with one or more consultants or contractors for the provision of services required in order for the Lead Permittee to provide some or all of its Lead Permittee Services.Since the Co- Permittee's payments under this Agreement represent only a portion of what the Lead Permittee will have to pay its consultants and contractors for their services,the Co-Permittee will not be entitled to receive a refund from the Lead Permittee for any monies that the Co-Permittee has previously paid pursuant to this Agreement unless the Lead Permittee is able to obtain a reduction in its contractual obligations with its consultants or contractors as a result of the termination of this Agreement.In that event,the Lead Permittee shall be obligated to reimburse the Co-Permittee for its allocable share of the amount of such reduction in costs and expenses. 7.05.Documentation and Data.In the event this Agreement is cancelled or terminated,all documentation and data previously collected by the Lead Permittee in accordance with its duties and obligations as assumed herein,shall be made available to the Co-Permittee. SECTION EIGHT ENFORCEMENT.VIOLATIONS.AND/OR DEFAULT 8.01.Enforcement.The designation herein of the Lead Permittee is not intended nor shall it be construed as authorizing,granting or permitting the Lead Permittee to accept or assume any powers of enforcement of the applicable MS4 NPDES Permit as to the other party. 8.02.Violations.Neither party to this Agreement shall be deemed to have assumed any liability for any negligent or wrongful acts or omissions of the other party,and in no event shall any of the provisions of this Agreement be construed as a waiver by either party of its sovereign 7 immunity rights or of the liability limits established in Section 768.28,Florida Statutes. 8.03.Dispute Resolution Process.Any dispute or conflict between the parties that arises from any of the terms or conditions of this Agreement,including any exhibits thereto,shall be presented in writing by the complaining party to the other party.The parties'representatives shall .then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process per Ch.164,F.S.,or litigation or any other formal dispute resolution process. SECTION NINE MISCELLANEOUS PROVISIONS 9.01.Notices.All notices,requests,consents and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice)hand delivered by prepaid express overnight courier or messenger service,telecommunicated (including telex,facsimile,telegraphic,or electronic mail (e-mail)communication)with confirmation of receipt,or mailed by registered or certified mail (postage prepaid),return receipt requested,to the following addresses: As to Lead Permittee: With a copy to: As to Co-Permittee: Northern Palm Beach County Improvement District 359 Hiatt Drive Palm Beach Gardens,Florida 33418 Attn:Executive Director Phone:(561)624-7830 Fax:(561)624-7839 Betsy S.Burden,Esq. Caldwell Pacetti Edwards Schoech &Viator LLP One Clearlake Centre 250 South Australian Avenue,Suite 600 West Palm Beach,Florida 33401 Phone:(561)655-0620 Fax:(561)655-3775 City of Delray Beach 434 S.Swinton Avenue Delray Beach,FL 33444 :&<kr\<iai L.U (4 DPhone: Fax: ^>> 9 02.F.ntire Agreement.This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. 9.03.Construction.The preparation of this Agreement is considered a joint effort of the 8 parties and accordingly this Agreement shall not be construed more severely against one of the parties than the other. 9.04.Discrimination.The Lead Permittee and the Co-Permittee agree that no person shall on the grounds of race,color, sex,national origin,disability,religion,ancestry,marital status or sexual orientation be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 9.05.Binding Effect.All of the terms and provisions of this Agreement,whether so expressed or not,shall be binding upon,inure to the benefit of,and be enforceable by the parties and their respective legal representatives,successors,and permitted assigns. 9.06.Assignabilitv.The responsibility for carrying out any task assumed by a party to this Agreement,but not the obligation to pay,may be assigned by the party upon receipt of written approval from the other party,which approval shall not be unreasonably withheld. 9.07.Severabilitv.If any part of this Agreement is contrary to,prohibited by or deemed invalid under applicable law or regulation,such provision shall be inapplicable and deemed omitted to the extent so contrary,prohibited or invalid,but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible,unless the prohibited or invalid provision reduces the payment obligations of the Co-Permittee,in which event this Agreement may be thereupon terminated by the Lead Permittee. 9.08.Governing Law and Venue.This Agreement and all transactions contemplated by this Agreement shall be governed by,and construed and enforced in accordance with,the internal laws of the State of Florida without regard to any contrary conflicts of laws principle.Venue of all proceedings in connection herewith shall be exclusively in the Fifteenth Judicial Circuit in and for Palm Beach County,Florida,and each party hereby waives whatever their respective rights may have been in the selection of venue. 9.09.Headings.The headings contained in this Agreement are for convenience of reference only,and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 9.10.Remedies.The failure of any party to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that the party may have regarding that specific instance only,and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. 9.11.NPDES Permit.If there is any inconsistency between the terms of this Agreement and the applicable MS4 NPDES Permit,then the applicable MS4 NPDES Permit shall preempt, supersede,and control the provisions of this Agreement. 9.12.Counterparts.This Agreement may be executed in one or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. 9.13.Clerk of Court.A copy of this Agreement shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit,in and for Palm Beach County,Florida. 9.14.Termination nf Prior Agreements.All previous interlocal agreements entered into between the parties to this Agreement regarding the application or execution of a MS4 NPDES Permit shall terminate as of the Effective Date of this Agreement. 9.15.Effective Date.This Agreement shall be effective as of the date it is filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit,in and for Palm Beach County,Florida. (Balance of Page Intentionally Left Blank.) 10 IN WITNESS WHEREOF,the parties have set their hand and seals the day and year hereafter written. EXECUTED by Lead Permittee this day of ,2011. ATTEST: Secretary NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT Prints Ronald M.Ash,President Title:NPBCID Board of Supervisors [DISTRICT SEAL] EXECUTED by Co-Permittee this day of -J w ,2011. ATTEST: ity Clerk [SEAL] APPROVED AS TO FORM AND LEGAL-SUFFICIENCY CITY OF DELRAY BEACH Title: 11 EXHIBIT "A" LEAD PERMITTEE RESPONSIBILITIES The responsibilities of the Lead Permittee as to the implementation and execution of the MS4 NPDES Permit No.FLS000018 are generally as follows: I The timely preparation,coordination,and execution of interlocal agreements necessary to establish and implement the joint activities required by the Permit. II The timely preparation,coordination,and submittal to FDEP each year during the term of this Agreement,of an annual report describing the activities carried out jointly to fulfill requirements in the permit. III The timely preparation,coordination,and distribution of standardized forms and guidance documents as approved by NPDES Steering Committee to assist permittees in carrying out the terms of the MS4 NPDES Permit. IV The timely preparation,coordination,and execution of a countywide public education and outreach program required by Part III.A.6,Part III.A.7.e.and Part III.A.7.f.as approved by the NPDES Steering Committee. V The timely preparation and coordination of training materials to fulfill the 'requirements of Part III.A.6,Part III.A.7.C,Part III.A.7.d.,Part III.A.9.b,and Part III.A.9.C of the MS4 NPDES permit,as approved by the NPDES Steering Committee. VI The timely preparation,coordination,and submittal to FDEP of major watershed pollutant load estimates required by Part V.A.of the MS4 NPDES Permit. VII The timely preparation,coordination,and execution of a monitoring program required by Part V.B.of the MS4 NPDES Permit. Vffl The timely coordination,assessment,monitoring,and execution of activities associated with FDEP's Total Maximum Daily Load (TMDL Program)as required by Part VIII. IX.The preparation and coordination of all MS4 NPDES Steering Committee workshops and meetings. X.The timely remittance of all necessary permit fees to FDEP,subject to the timely and sufficient collection of same for all other permittees. The Lead Permittee Services described herein may be revised from time to time as required bv each MS4 NPDES Permit,as agreed to in writing between the MS4 NPDES Steering Committee and Northern Palm Beach County Improvement District,which revisions shall be incorporated herein and made a part of this agreement. (Balance of Page Intentionally Left Blank.) EXHIBIT "B" RESOLUTION NO.2011-04 RESOLUTION OF THE BOARD OF SUPERVISORS OF NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT APPROVING THENPDES STEERING COMMITTEE ADMINISTRATIVE PROCEDURES FOR COLLECTION,MANAGEMENT AND DISBURSEMENT OFNPDESINTERLOCAL AGREEMENT FUNDS. WHEREAS,NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT ("Northern")is an independent special district duly organized and validly existing under the Constitution and thcLaws of the State of Florida,including applicable provisions of Chapter 298,Florida Statutes,and Chapter 59-994,Laws of Florida,as amended and/or supplemented;and WHEREAS,the United States Environmental Protection Agency issued its National Pollutant Discharge Elimination System Permit No.FLS000018 (the "MS4 NPDES Permit")which is applicable to a number of governmental entities located in Palm Beach County,including Northern;and WHEREAS,the Co-Permittees who make up the governmental bodies subject to the NPDES Permit have nominated and appointed Northern as the "Lead Permittee"for the purposes of assisting all Co-Permittees In the collection of general data required to be collected pursuant to the MS4 NPDES Permit and submission of reports to the Florida Department of Environmental Protection and the United States Environmental Protection Agency;and WHEREAS,the Lead Permittee,Northern,is entering into separate Interlocal or Joint Participation Agreements with each of the Co-Permittees,which Agreements set forth the parties'respective ditties and obligations regarding fulfillment of the terms and conditions of the MS4 NPDES Permit;and WHEREAS,a seven member NPDES Steering Committee has been selected by the Co-Permittees,which Steering Committee is comprised of two (2)representatives of large municipalhies,two (2)representatives of smaller municipalities,one (1) live of special districts,one (1)representative for Palm Beach County,and the Lead Permittee;and WHEREAS,on January 19,2011 the NPDES Steering Committee,in order to provide a level of accountability and fiscal control for the benefit of all NPDES Co- Permittees as it relates to the Interlocal and/or Joint Participation Agreements being entered into between Northern and etch Co-Permittee,adopted Administrative Procedures for the collection,management and disbursement of NPDES Interlocal Agreement Funds,a true and correct copy of which is attached hereto and identified as the NPDES Steering Committee Administrative Procedures;and WHEREAS,Northern has been requested to adopt and comply with the aforementioned NPDES Steering Committee Administrative Procedures for purposes of administering the funds to be paid to it pursuant to each NPDES Interiocal or Joint Participation Agreement. NOW,THEREFORE,be it resolved by the Board of Supervisors of Northern Palm Beach County Improvement District as follows 1.Northern Palm Beach County Improvement District does hereby adopt and agree to comply with the terms and conditions of the NPDES Steering Committee Administrative Procedures. 2.That Northern Palm Beach County Improvement District does hereby incorporate by reference the NPDES Steering Committee Administrative Procedures into each NPDES Interiocal and/or Joint Participation Agreement that it enters into with a Co- Pennittee. 3.All resolutions or parts of resolutions in conflict herewith are hereby repealed. 4.This resolution shall take effect imrondwtcly upon its adoption. •ITHB.'Resolution passed and was adopted the 23rd day of "\"].".-FEBRUARY,2011. :-r :*mlSTRICt-SEAL)NORTHERN PALM BEACH COUNTY.:|I?f™1;...'IMPROVEMENT DISTRICT NPDES STEERING COMMITTEE ADMINISTRATIVE PROCEDURES FOR COLLECTION,MANAGEMENTAND DISBURSEMENT OF NPDESINTERLOCAL AGREEMENT FUNDS The NPDES Steering Committee (which is comprised of two (2)representatives of large municipalities,two (2)representatives of smaller municipalities,one (1) representative ofspecial districts,one (1)representative for Palm Beach County,and the Lead Permittee),has adopted the following administrative procedure*in order to provide a level ofaccountability and fiscal control for the benefit ofthe NPDES Co-Permittees. The administrative procedures adopted by the Steering Committee are as follows: 1.Alternative NPDES Interiocal Agreement Payment Schedules.In addition to the two (2)payment options set forth in Paragraphs 6.01 and 6.02 of the NPDES Interiocal Agreement,a Co-Permittee shall also be entitled to elect to pay the annual Funding Year payments on an equal quarterly installment basis.If *Kfy additional payment option is selected by a Co-Permittee,the quarterly payments for the First Funding Year are required to be paid on or before October 1,2010,January 1,2011, April 1,2011 and July 1,2011,with aO future Funding Year quarterly payments to be paid b accordance with the same quarterly payment schedule. NPBCID will be issuing one (1)invoice to each Co-Permittee for its annual Funding Year payment amount,following which the Co-Permittee shall then have thirty (30)days from the date ofreceipt of the invoice within which to select one of the three (3)payment options and to make its initial payment in accordance with the option so selected. 2.Income and Disbursement Accounting Documentation. (A)A quarterly income and disbursement report shall be prepared by NPBCID. The report shall be delivered to the Steering Committee within forty-five (45)days following the end ofeach Funding Year quarter and thereafter distributed by the Steering Committee to the representatives)of each Co-Permittee as identified in the NPDES intcriccfll Asrccoxditft* (B)The quarterly income and disbursement report shall be prepared by NPBCID inaccordance with the format set forth in attached Attachment "A." 3.Budget Accounting Doc"ipfflffltfon.A quarterly budget accounting report shall be prepared by NPBCID.The report shall be delivered to the Steering Committee within forty-five (45)days following the end ofeach Funding Year quarter and thereafter distributed by the Steering Committee to the representatives)of each Co-Permittee as iA*ntHi*A in the NPDES Interiocal Agreement 5 (5)of the Steering Committee members 5.5..^rr^^^^r^miKamm.?Rj^Z required befon and expenses. »accordance with themterioc^ following procedure: ^0-Permittee Adoption of the next Funding Year's b^g^h^quire the approval of a a of the Steering Committee's consideration of the next Fundingm ContFngency amounts,plus accrued interest thereon,i (B)The Steering ffwnrniftfrp shall also be responsible for approving,by a simple majority of those Steering Committee members in attendance (provided there is a quorum)at a Steering Committee meeting,hue item budget transfers, APPROVED AND ADOPTED THIS 19th DAY OF JANUARY,2011. ATTACHMENT «*A» NPDES QUARTERLY INCOME AND DISBURSEMENT REPORT FISCAL YEAR. FOR PERIOD _TO. CASH ON HAND IA*U\XXXJOOUOC REVENUE:TO AGREEMENTFEES TtflfALREVENUES TOTALCASH AND REVENUES AVAIL FOR EXPENDITURES EXPENDITURESPAIDDURING'___TO ENQWEBRDraOTHERPROFEffilONAL FEES XJOCMISCELLANEOUSEXPENSESXJCXGOVERNMENTALREGISTRATIONFEESXJCX TOTAL EOTBND1TURES 2L3S &X2 RESERVE FORCONT1NOENCIES -XX.XXX.XX UNRESERVED FUND BALANCE HAC&P ClientsVNorthemXNPDES^greementsMh.rd Terra InterlocalAgwementfGENERAL INTERKJCAL AGREEMENTS\City ofDelray Beach S.doc May 1, 2017 CITY ATTORNEY OFFICE - LEGAL REVIEW CHECKLIST Name of Agreement: MS4 NPDES Fourth Cycle Permit Interlocal Agreement Department: Contact person: City Manager approval: Yes No City Commission approval:  Agenda Item # _________________________________________________________________  Agenda Meeting Date: ___________________________________________________________ Agreement Action: New Renewal Amendment (S/A). Standard City form agreement Has the agreement been signed and notarized/witnessed by the vendor: Yes No For City Attorney Use only: Agreement Terms: Comments/Specific Provision in Agreement Term (Duration of Agreement) Automatic renewal unless notified 30 days prior to 09/30 Termination Clause Section 7 Renewal Clause Sec. 3.03 Insurance City Standard/Other Indemnification Sec 8.02- intergovernmental Assignment 9.06 Disclaimers none Non-Discrimination Policy 9.04 Inspector General Provision N/A FL. Public Records Provision (2016) N/A Governing Law FL Venue PBC Attorney’s fees none Waiver of Jury trial none Business Principles: Comments Fees: Total Value Fees: Per Fiscal Year $31, 969 Other Issues: Comments Non-Negotiable Issues/ Miscellaneous Issues/ Special Considerations Interlocal: must be recorded Standard form by NPBID (no changes) Consistent with applicable policies including, but not limited to, Procurement policies. Yes Attorney: _______/s/ Janice Rustin Reviewed and approved as to form and legal sufficiency only City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-444,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Chief Neal de Jesus, Interim City Manager DATE:June 6, 2017 SERVICE AUTHORIZATION NO.12-29 WITH MATHEWS CONSULTING DBA BAXTER & WOODMAN, INC. IN THE AMOUNT NOT TO EXCEED $33,608.11 FOR UPGRADES AND IMPROVEMENTS TO THE WATER TREATMENT PLANT Recommended Action: Motion to Approve Service Authorization No.12-29 with Mathews Consulting dba Baxter & Woodman, Inc.for professional engineering services for Water Treatment Plant Upgrades and Improvements (Project No. 2017-038) in a not-to-exceed amount of $33,608.11. Background: On January 24, 2012, the City entered into an Agreement with Mathews Consulting for continuing general engineering consulting services (RFQ 2012-06). 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. Under this service authorization the consultant will provide professional engineering services related to unit evaluation, unit specific specifications, construction document preparation, cost estimates, permits, and project bidding. Total estimated cost for services under Service Authorization No. 12-29 is in the amount not to exceed $33,608.11. All tasks will be completed by December 31, 2017. The City’s Water Treatment Plant (WTP), located at 200 SW 7th Street, utilizes four (4) Reactor Clarifiers in the treatment process for the production of potable water. The clarifiers are constructed of cast-in-place concrete, with steel internal components for the collection and effluent troughs which require periodic maintenance. Staff programs the rehabilitation of these units on a rotating basis into the City’s Capital Improvement Program (CIP). Rehabilitation of Clarifier No. 1 was identified for rehabilitation and funds were appropriated in the FY 2016/17 CIP. As part of this rehabilitation, the replacement of pneumatically operated fill and drain valves at sedimentation Filter Unit No. 1 will be included as part of the construction contract documents, as well as the replacement of a Sodium Hypochlorite (bleach) Storage Tank. Replacement of the filter valves and bleach tank was also approved and funds were appropriated in the FY 2016/17CIP. 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. City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-444,Version:1 Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 442-5178-536.65-92 (Water/Sewer Renewal and Replacement Fund: WTP Clarifier Rehabilitation). Timing of Request: This request is time-sensitive to ensure reliability and continued operation of the unit. City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 AMENDMENT NO. 4 TO GENERAL CONSUL TING SERVICES AGREEMENT General Engineering Services Agreement Amendment No. 4 Baxter & Woodman, Inc. BAXTER & WOODMAN, INC. I IP age CITY OF DELRAY BEACH AMENDMENT NO. 4 TO GENERAL CONSUL TING SERVICES AGREEMENT THIS AMENDMENT NO. 4 to the General Consulting Services Agreement dated January 24, 2012, by and between City of Delray Beach (City), a municipal corporation of the State of Florida, and Baxter & Woodman, Inc. (Consultant), organized and existing under the laws of.Jt,~ State of ~is and authorized to do business in the State of Florida, is entered into this_ P"_ day of ~--~·20Q. WITNESSETH: WHEREAS, on January 24, 2012, City entered into the Agreement with Mathews Consulting, Inc. for General Engineering Consulting Services; and WHEREAS, on January 27, 2014, Amendment No. 1 was executed to renew the term of the Agreement with Mathews Consulting, Inc. However, Amendment No. 1 inadvertently stated that the renewal period was through January 24, 2015 rather than the correct date of January 23, 2015; and WHEREAS, on March 6, 2015, Amendment No. 2 was executed to renew the term of the Agreement with Mathews Consulting, Inc. However, Amendment No. 2 inadvertently stated that the renewal period was through January 24, 2016 rather than the correct date of January 23, 2016; and WHEREAS, on August 16, 2016, an Assignment and Assumption Agreement was executed to release and discharge Mathews Consulting, Inc. from any further liability under the Agreement and to look solely to Baxter & Woodman, Inc. as the responsible party under the Agreement for all liabilities or obligations; and WHEREAS, on September 13, 2016, Amendment No.3 was executed to renew the term of the Agreement. However Amendment No. 3 inadvertently stated that the renewal period was through January 24, 2017 rather than the correct date of January 23, 2017; and WHEREAS, the City desires to extend this Agreement an additional six (6) months in order that the City may competitively bid for these services; and WHEREAS, Consultant agrees to continue to provide General Engineering Consulting Services to City in accordance with the terms and conditions of the General Engineering Consulting Services Agreement; and WHEREAS, the City determines that it is in the best interest of the City to approve this Amendment No.4 to extend this Agreement to June 30, 2017. 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 General Engineering Consulting Services Agreement is amended as follows: 1. The above recitals are true and correct and are incorporated herein. 21Pagc General Engineering Services Agreement Amendment No. 4 Baxter & Woodman, Inc. 2. This Amendment No. 4 extends the Agreement, under the same terms and conditions, for the period of January 24, 2017 through June 30, 2017. 3. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect and are hereby confirmed. The Agreement, Assignment and Assumption Contract, Amendment No. 1, Amendment No. 2, Amendment No. 3, and this Amendment No. 4 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 3IPagc General Engineering Services Agreement Amendment No. 4 Baxter & Woodman, Inc. IN WITNESS WHEREOF, the City and the Consultant executed this Agreement as of the day and year first above written. ATTEST: ~~-~I Chevelle Nubin, City Clerk (SEAL) ST.A.TE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH ./ By:------+---------- Print Name: :R-e.tl ~ Title: ,0 \ u_ ef\J.!?? ~ rd The foregoing instrument was ackn~wle~ge.d Jefo_}e me this f!.3 day of~m'A::!.~-- 2017, by ?/ tlt.J/S , as //Í ce fi(;; cl~ ( name of officer or agent of officer or agent), of ./-tUJ() Ac (name of corporation acknowledging), ª f"///r10/s (state or place of incorporation) corporation, on behalf of the corporation. He/S.bi! is personally known to me or has produced (type of identification) as identification General Engineering Services Agreement Amendment No. 4 Baxter & Woodman, Inc. Notary Public - State of Florida 41Pagc City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-468,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Chief Neal de Jesus, Interim City Manager DATE:June 6, 2017 SERVICE AUTHORIZATION NO.3 WITH CB&I ENVIRONMENTAL &INFRASTRUCTURE,INC. FOR COAST ENGINEERING SERVICES FOR THE CITY’S BEACH MANAGEMENT PROGRAM Recommended Action: Motion to Approve Service Authorization No.3 with CB&I Environmental & Infrastructure, Incorporated for coastal engineering consulting services for the Beach Management Program (Project #17-081) in an amount not-to-exceed $78,482.60. Background: On March 3, 2015 the City awarded a five year agreement to CB&I Environmental & Infrastructure (CB&I) for Coastal Engineering Consulting Services (RFQ 2015-01) effective through March 2020. A large portion of the scope of work qualifies for cost sharing through the State of Florida’s Beach Management Funding Assistance Program. The State of Florida project permit issued to the City for beach renourishment purposes requires that a comprehensive post-construction physical beach monitoring study be conducted as a permit condition, including an engineering evaluation of the monitoring results with a report. CB&I will comply with the Physical Monitoring Plan developed by the Florida Department of Environmental Protection for this project. Services include topographic (onshore) and bathymetric (offshore) surveys of the beach. The Delray Beach Shore Protection Program consists of the design, permitting, construction and monitoring of approximately 2.6 miles of shoreline. The main focus of the program is to provide for the protection and enhancement of the beach and coastal resources in accordance with State and Federal permit conditions. The City is the local sponsor for the federally authorized Local Cooperative Agreement with the Army Corps of Engineers approved from 1973 - 2023. The monitoring data will be used to assess, with quantitative measures, the performance of the beach replenishment projects. The monitoring data will provide the City and the FDEP information necessary to plan for future beach renourishment projects, evaluate the beach performance and optimize the design of the next beach renourishment task. The fee submitted by CB&I for this task is a not-to-exceed amount of $78,482.60. This recommendation complies with the City Code of Ordinances, Section 36.06(A) (2), "Within the Scope of Work". City Attorney Review: City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-468,Version:1 Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 332-4164-572.31-30 (Beach Restoration Fund: Engineering/Architect). Timing of Request: This is a time sensitive item. The report is due to the State of Florida Department of Environmental Protection by December 2017. City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ CONSULTING SERVICE AUTHORIZATION DATE: May 3, 2017 SERVICE AUTHORIZATION NO. 3 CITY P.O. NO. ____________ CITY EXPENSE CODE 332-4164-572-31.30 TITLE: 2017 City of Delray Beach, Fifth Beach Renourishment & FCCE Projects, Services for Project Administration, Four Year Post-Construction Physical Monitoring, Evaluation and Reporting This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the contract between CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC. and the CITY OF DELRAY BEACH dated August 26, 2015. CB&I Environmental & Infrastructure, Inc. (CB&I) will provide the required engineering services for the post-construction phase of the project and will be performed under the terms and conditions of the existing Agreement for Costal Engineering Consulting Services between the City and CB&I Environmental & Infrastructure, Inc. dated August 26, 2015. SCOPE OF SERVICES: The following tasks are included in this scope of services: 1. Project Administration: Project administration includes State and Federal agency coordination and reporting, City meetings as required, and other associated assistance specific to the project. 2. Four Year Post-Construction Physical Monitoring Survey: In accordance with BBCS Monitoring Standards for Beach Erosion Control Projects, topographic (onshore) and bathymetric (offshore) surveys of the beach and offshore in Delray Beach will be conducted during the summer of 2017. The monitoring data will be used to assess, with quantitative measurements, the performance of the beach replenishment projects. The monitoring data will provide the City and the Florida Department of Environmental Protection information necessary to plan for the next renourishment project, evaluate the beach performance and optimize the design of the next beach renourishment project. The four–year post-construction monitoring event will consist of topographic and bathymetric surveys of the beach to include both the 2013 and 2014 beach replenishment areas, and to approximately one mile north and south of the combined project limits. A. Topographic & Bathymetric Surveys (Beach Offshore Profile Surveys): The four-year post construction topographic and bathymetric profile surveys of the beach and offshore will be conducted in the summer of 2017, for consistency with historic data. The monitoring surveys will include published FDEP beach profile lines (referenced monuments) within the Delray Beach fill area and will include twenty-two (22) FDEP profile lines from R-171 to R-192. All profile surveys will extend offshore a minimum of 3,000 feet or to the -30ft (NAVD) contour. 2 All work activities and deliverables shall be conducted in accordance with the March 2014 BBCS Monitoring Standards for Beach Erosion Control Projects, Sections 01000 and 01100. 3. Four Year Post-Construction Engineering Performance Evaluation and Report: We will develop and submit the post-construction engineering report to the FDEP within 90 days following completion of the four year post-construction survey. The engineering report will address the 2017 physical monitoring results, will summarize and discuss the project performance since completion of the beach renourishment projects, and will be a useful tool for project planning. BUDGET: The fee to provide the service contained in this proposal is $78,482.60 as set forth in Exhibit “A” attached hereto. COMPLETION DATE: December 2017 CITY OF DELRAY BEACH, FL FEE PROPOSAL FOR 2017 BEACH RENOURISHMENT ENGINEERING SERVICES March 10, 2017 PREPARED BY: CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC. PROGRAM ADMINISTRATION, FOUR YEAR POST-CONSTRUCTION PHYSICAL MONITORING ENGINEERING EVALUATION AND REPORT LA B O R E Q U I P M E N T T A S K TA S K D E S C R I P T I O N C O S T S C O S T S C O S T 2 Fo u r Y e a r P o s t - C o n s t r u c t i o n M o n i t o r i n g S u r v e y (B e a c h P r o f i l e S u r v e y s R - 1 7 1 t o R - 1 9 2 ) $2 2 , 8 4 4 . 0 0 $ 4 , 3 3 8 . 6 0 $27,182.60 TOTAL $ 7 8 , 4 8 2 . 6 0 $21,372.00 $29,928.00 $4,338.60 SU B T O T A L S $ 7 4 , 1 4 4 . 0 0 CI T Y O F D E L R A Y B E A C H , F L FE E P R O P O S A L F O R 20 1 7 B E A C H R E N O U R I S H M E N T E N G I N E E R I N G S E R V I C E S PR O G R A M A D M I N I S T R A T I O N , F O U R Y E A R P O S T - C O N S T R U C T I O N P H Y S I C A L M O N I T O R I N G E N G I N E E R I N G EV A L U A T I O N A N D R E P O R T 1 $2 9 , 9 2 8 . 0 0 PR O J E C T P R O P O S A L S U M M A R Y 3 $0.00 PR E P A R E D B Y : C B & I E N V I R O N M E N T A L & I N F R A S T R U C T U R E , I N C . $2 1 , 3 7 2 . 0 0 Pr o j e c t A d m i n i s t r a t i o n Fo u r Y e a r P o s t - C o n s t r u c t i o n E n g i n e e r i n g E v a l u a t i o n a n d R e p o r t $ 0 . 0 0 Principal Engineer $230 Expert Witness (Testimony) $230 Senior Project Manager $215 Senior Coastal Engineer $185 Program Manager $165 Coastal Engineer III $150 Coastal Engineer II $125 Coastal Engineer I $110 Coastal Modeler II $130 Coastal Modeler I $110 Professional Surveyor & Mapper $130 Hydrographer $125 Surveyor $95 Survey Technician $80 Senior Marine Biologist $140 Marine Biologist II $95 Marine Biologist I $72 Professional Geologist $130 Geologist IV $150 Geologist III $130 Geologist II $95 Geologist I $80 Senior CAD Operator $150 CAD Operator $110 GIS Operator $110 Boat Captain $80 Bookkeeper $80 Clerical $72 Technician $57 EQUIPMENT RATES (DAILY) Survey Boat 24' $790 Truck (Road Use per mile) $0.565 Trimble RTK GPS $495 GPS Integrated Underwater Video Camera $435 SCUBA Tanks (Nitrox) $19 Dive Equipment and Insurance per diver per day in addition to normal hourly rates for personnel $75 Heave, Pitch & Roll Compensator $215 Speed of Sound Velocity Meter $63 Hypack/DredgePack Navigation System $260 Odom Hydrotrack Sounder $165 X-Star Chirp 512i Seismic Profiling System $1,150 Seismic Profiler Thermal Printer $130 Edgetech 4200 FS Sidescan Sonar System $695 Geometric G-881 Magnetometer $215 Enclosed 18' Trailer $78 Nikon Level/Tripod/Rod $65 Digital Camera $10 All Terrain Vehicle $105 Sonar Wizard Map Seismic Data Processing Package $155 DIRECT COSTS - Actual Cost plus 10% Actual Cost plus 10% 1.10 LABOR RATES (HOURLY) CITY OF DELRAY BEACH 2017 BEACH RENOURISHMENT ENGINEERING SERVICES FEE PROPOSAL FOR PROGRAM ADMINISTRATION, FOURYEAR POST-CONSTRUCTION PHYSICAL MONITORING ENGINEERING EVALUATION AND REPORT LABOR, EQUIPMENT & DIRECT COST RATES PREPARED BY: CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC. (M i l e s ) ( H o u r s ) ( H o u r s ) ( H o u r s ) ( H o u r s ) ( H o u r s ) ( H o u r s ) ( H o u r s ) ( H o u r s ) ( H o u r s ) ( H o u r s ) ( H o u r s ) ( H o u r s ) 1. P r o j e c t A d m i n i s t r a t i o n $ 2 1 , 3 7 2 8 6 0 4 0 4 1 8 1 4 1 6 2. $ 2 2 , 8 4 4 2 1 6 8 1 6 1 0 0 2 4 2 2 4 2 6 1 2 3. $ 2 9 , 9 2 8 88 0 9 6 8 1 2 1 4 To t a l H o u r s = 1 8 1 5 6 1 4 4 1 6 1 0 0 2 4 1 4 3 0 3 8 2 6 3 1 2 Ra t e = $ 2 3 0 $ 1 6 5 $ 1 2 5 $ 1 3 0 $ 9 5 $ 8 0 $ 1 5 0 $ 1 1 0 $ 1 1 0 $ 8 0 $ 8 0 $ 7 2 Co s t = $ 4 , 1 4 0 $ 2 5 , 7 4 0 $ 1 8 , 0 0 0 $ 2 , 0 8 0 $ 9 , 5 0 0 $ 1 , 9 2 0 $ 2 , 1 0 0 $ 3 , 3 0 0 $ 4 , 1 8 0 $ 2 , 0 8 0 $ 2 4 0 $ 8 6 4 TO T A L L A B O R C O S T S = $ 7 4 , 1 4 4 . 0 0 TO T A L E Q U I P M E N T C O S T S = $ 4 , 3 3 8 . 6 0 TO T A L L U M P S U M C O S T = $ 7 8 , 4 8 2 . 6 0 20 1 7 B E A C H R E N O U R I S H M E N T E N G I N E E R I N G S E R V I C E S FE E P R O P O S A L F O R CI T Y O F D E L R A Y B E A C H , F L Pr o g r a m Ma n a g e r Clerical Bookkeeper GIS Operator Co a s t a l En g i n e e r I I Pr i n c i p a l En g i n e e r PR E P A R E D BY : CB & I EN V I R O N M E N T A L & IN F R A S T R U C T U R E , IN C PR O G R A M A D M I N I S T R A T I O N , F O U R Y E A R P O S T - C O S T R U C T I O N P H Y S I C A L M O N I T O R I N G E N G I N E E R I N G E V A L U A T I O N A N D R E P O R T Boat Captain Fo u r Y e a r P o s t - C o n s t r u c t i o n M o n i t o r i n g S u r v e y ( B e a c h Pr o f i l e S u r v e y s R - 1 7 1 t o R - 1 9 2 ) Fo u r Y e a r P o s t - C o n s t r u c t i o n E n g i n e e r i n g E v a l u a t i o n a n d Re p o r t LABOR COSTS To t a l L a b o r Co s t P e r T a s k Su r v e y Te c h n i c i a n CAD Operator Su r v e y o r Pr o f e s s i o n a l Su r v e y o r a n d Ma p p e r Senior CAD Operator C: \ U s e r s \ t a r a . b r e n n e r \ D e s k t o p \ I D O C S \ D E L R A Y 2 0 1 7 F O U R Y E A R P O S T - C O N P H Y S I C A L M O N I T O R I N G - F E E P R O P O S A L . X L S X (D a y s ) ( M i l e s ) ( D a y s ) ( D a y s ) ( D a y s ) ( D a y s ) ( D a y s ) ( D a y s ) ( D a y s ) 1. P r o j e c t A d m i n i s t r a t i o n 2. 24 0 2 2 2 2 2 2 2 3. To t a l = 2 4 0 2 2 2 2 2 2 2 Ra t e = $ 7 9 0 $ 0 . 5 6 5 $ 4 9 5 $ 1 6 5 $ 2 1 5 $ 1 0 5 $ 6 3 $ 6 5 $ 2 6 0 Co s t = $ 1 , 5 8 0 $ 2 2 . 6 0 $ 9 9 0 $ 3 3 0 $ 4 3 0 $ 2 1 0 $ 1 2 6 $ 1 3 0 $ 5 2 0 TO T A L E Q U I P M E N T C O S T S = $ 4 , 3 3 8 . 6 0 TO T A L L A B O R C O S T S = $ 7 4 , 1 4 4 . 0 0 TO T A L C O S T S = $ 7 8 , 4 8 2 . 6 0 Heave, Pitch & Roll CompensatorEQUIPMENT COSTS Tr u c k (R o a d Us e p e r mi l e ) 20 1 7 B E A C H R E N O U R I S H M E N T E N G I N E E R I N G S E R V I C E S PR O G R A M A D M I N I S T R A T I O N , F O U R Y E A R P O S T - C O S T R U C T I O N P H Y S I C A L M O N I T O R I N G E N G I N E E R I N G E V A L U A T I O N A N D R E P O R T PR E P A R E D B Y : C B & I E N V I R O N M E N T A L & I N F R A S T R U C T U R E , I N C . Fo u r Y e a r P o s t - C o n s t r u c t i o n M o n i t o r i n g S u r v e y (B e a c h P r o f i l e S u r v e y s R - 1 7 1 t o R - 1 9 2 ) Fo u r Y e a r P o s t - C o n s t r u c t i o n E n g i n e e r i n g E v a l u a t i o n a n d R e p o r t All Terrain VehicleSpeed of Sound Velocity MeterNikon Level/Tripod/RodHypack/DredgeP ack Navigation System FE E P R O P O S A L F O R CI T Y O F D E L R A Y B E A C H , F L Su r v e y Bo a t 2 4 ' Tr i m b l e RT K G P S Odom Hy d r o t r a c k So u n d e r C: \ U s e r s \ t a r a . b r e n n e r \ D e s k t o p \ I D O C S \ D E L R A Y 2 0 1 7 F O U R Y E A R P O S T - C O N P H Y S I C A L M O N I T O R I N G - F E E P R O P O S A L . X L S X May 1, 2017 CITY ATTORNEY OFFICE - LEGAL REVIEW CHECKLIST Name of Agreement: CONSULTING SERVICE AUTHORIZATION for Agreement for Costal Engineering Consulting Services between the City and CB&I Environmental & Infrastructure, Inc. Department: Contact person: City Manager approval: Yes No City Commission approval:  Agenda Item # _________________________________________________________________  Agenda Meeting Date: ___________________________________________________________ Agreement Action: New Renewal Amendment (S/A). Standard City form agreement Has the agreement been signed and notarized/witnessed by the vendor: Yes No For City Attorney Use only: Agreement Terms: Comments/Specific Provision in Agreement Term (Duration of Agreement) Agreement expires August 26, 2020. Termination Clause N/A Renewal Clause N/A Insurance N/A Indemnification N/A Assignment N/A Disclaimers N/A Non-Discrimination Policy N/A Inspector General Provision N/A FL. Public Records Provision (2016) N/A Governing Law N/A Venue N/A Attorney’s fees N/A Waiver of Jury trial N/A Business Principles: Comments Fees: Total Value $78,482.60 Fees: Per Fiscal Year Other Issues: Comments Non-Negotiable Issues/ Miscellaneous Issues/ Special Considerations Project completed by Dec 2017 (within term of agreement) Consistent with applicable policies including, but not limited to, Procurement policies. Yes Attorney: /s/ Janice Rustin Reviewed and approved as to form and legal sufficiency only City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-233,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Chief Neal de Jesus, Interim City Manager DATE:June 6, 2017 SERVICE AUTHORIZATION NO.12-29 TO KIMLEY HORN AND ASSOCIATES, INC. IN THE AMOUNT NOT TO EXCEED $88,786 FOR ENGINEERING SERVICES RELATED TO FLORIDA DEPARTMENT OF TRANSPORTATION’S I-95 AND ATLANTIC AVENUE ENHANCEMENT PROJECT (CITY PROJECT NO. 14-075) Recommended Action: Motion to Approve Service Authorization No.12-29 in the amount not to exceed $88,786.00 for professional engineering services for design of utility relocations related to Florida Department of Transportation’s (FDOT) I-95 and Atlantic Avenue enhancements, FDOT Financial Project Number 434722-1-52-01 (City Project No. 2014-075). Background: On February 22, 2012 the City entered into an Agreement with Kimley Horn Associates, Inc. for general consulting services. Kimley Horn and Associates was one of the successful respondents to RFQ No. 2012-06. The original agreement has been renewed through June 2017. Under this service authorization the consultant will provide professional engineering design services related to relocating City owned water and sewer utilities, which include but not limited to, developing plans and specifications per the FDOT’s format in MicroStation, design coordination meetings with FDOT, project permitting, assistance with preparation of a FDOT Utility Work by Highway Contractor Agreement and associated Utility Work Schedule, bidding services, and limited construction phase services required as the Engineer of Record. Total estimated cost for services under Service Authorization No. 12-29 is in the amount not to exceed $88,786.00. All tasks will be completed by January 31, 2018. The proposed enhancements for the I-95 and Atlantic Avenue intersection are currently in the design phase of project, which include the addition of turn lanes and re-alignments of on/off ramps. The project limits along Atlantic Avenue corridor extend from the E-4 Canal (along the east side of Atlantic Community High School) to NW 10th Avenue. To accommodate the enhancements, the City will need to relocate and/or adjust any water or sewer main currently in FDOT’s Right-of-Way within the footprint of the proposed improvements. Per FDOT’s conflict matrix developed by their design consultant, AECOM, approximately 24 areas along the corridor have been identified where City owned utilities could be in conflict with the proposed improvements. Completed utility relocation plans and specifications will be incorporated into FDOT’s construction documents to be bid and constructed with the roadway enhancements under a Utility Work by Highway Contractor Agreement between FDOT and the City. The City has requested that costs associated with the utility relocations be considered for reimbursement; this request is under review by their General Counsel. FDOT City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-233,Version:1 anticipates letting the project in early 2018. Under this service authorization the consultant will provide professional engineering design services related to relocating City owned water and sewer utilities, which include but not limited to, developing plans and specifications per the FDOT’s format in MicroStation, design coordination meetings with FDOT, project permitting, assistance with preparation of a FDOT Utility Work by Highway Contractor Agreement and associated Utility Work Schedule, bidding services, and limited construction phase services required as the Engineer of Record. Total estimated cost for services under Service Authorization No. 12-29 is in the amount not to exceed $88,786.00. 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: If the Community Redevelopment Agency is legally able to dedicate funding for this design services project, the Interlocal Agreement between the CRA and the City will be amended.Funding is currently available from Account No. 442-5178-536.31-30 (Water and Sewer Renewal and Replacement/ Engineering and Architectural).The City will seek reimbursement of these expenses from the FDOT through the Utility Work by Highway Contractor Agreement. Timing of Request: This request is time-sensitive to maintain FDOT’s project schedule. City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ 1 CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: Kimley Horn and Associates, Inc. SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE ________________________ TITLE: DELRAY BEACH I-95 and ATLANTIC AVENUE WATERMAIN RELOCATIONS CITY PROJECT NO.________________________ 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 Kimley-Horn and Associates, Inc. (“Kimley-Horn”, “Consultant”) is pleased to submit this consulting service authorization request to the City of Delray Beach (“Client” or “City”) for providing design, permitting, bid phase, and construction phase services for the watermain relocations at I-95 and Atlantic Avenue. Our project understanding, scope of services and fee follow. The City of Delray Beach needs to perform watermain relocations in anticipation of an upcoming Florida Department of Transportation (FDOT) project to widen the westbound lanes of Atlantic Avenue (SR 806) at I-95 as part of the FDOTs Financial Project ID 434722-1-52-01. The road widening project extends approximately 4500 feet and the FDOT has identified multiple conflicts with the roadway improvements and the City’s water facilities in this corridor as shown in the attached Conflict Matrix for the project. It is understood that the City will need to prepare construction drawings for the watermain relocations that will be incorporated into and bid with FDOT’s roadway project under a Utility Work by Highway Contractor Agreement (UWHCA). The FDOT’s roadway contractor will perform the watermain relocations ahead of the road widening project. It is understood that all work will need to be performed in accordance with the requirements of the attached Appendix A. The City has requested that Kimley-Horn provide a scope of services to design and permit the proposed watermain relocations, provide limited bid phase services, provide limited engineer of record construction phase services, and provide assistance with preparing the UHWCA between the City and the FDOT. It is understood that the improvements will be based on the “State Road No. 806 From East End of Bridge at E4 Canal to NW 10th Avenue” prepared by AECOM Technical Services, Inc. and the City of Delray Beach design standards. It is also understood that the FDOT will provide the survey in electronic MicroStation format as well as any utility locates and geotechnical information that has already been obtained for the FDOT project. Any additional locates will need to be included in this consulting service authorization. 2 Based on this understanding, the following scope of services will be performed by the Consultant: II. SCOPE OF SERVICES TASK 1 – WATERMAIN DESIGN AND PERMITTING Data Collection The Consultant will perform data collection for the project corridor. We will coordinate with the City, FDOT, and franchise utility owners to collect information regarding the existing underground infrastructure. We will review the project corridor in the field to identify opportunities and constraints that may affect the design of the improvements. The Consultant will attend up to one combined meeting with the City and FDOT to kick off the project, establish project goals, and discuss the design criteria. It is understood that the FDOT will provide their existing survey of the project corridor that will be used to develop the base map for the utility improvements. It is understood that the FDOT will provide the utility locates that have already been performed for the Atlantic Avenue road widening project. The Consultant will employ the services of a subconsultant to obtain up to 10 additional soft dig utility locations for known underground utilities in the project corridor as needed. This information will be used to develop the project base map of existing utilities to assist in the horizontal and vertical design of the proposed watermain. It is not expected that additional geotechnical services will be required for this project. Construction Documents As part of developing the construction documents, the Consultant will perform the following services:  Visit the sites up to two (2) times to gather information as it pertains to the observable, existing conditions and utilities and to identify opportunities and constraints that may affect the design of the improvements.  Attend up to two (2) utility coordination meetings with affected utility owners along the project corridors. It is understood that the meetings will be conducted by the FDOT.  Kimley-Horn will create a base map for project corridors that combines the survey information, soft dig, and record drawing information that is obtained. These maps will serve as the base for the construction drawings for the project.  Kimley-Horn will prepare construction plans for the watermain improvements at a scale of 1”=20’ (full size) for the project in MicroStation. The plan and profile sheets will be cut to match the FDOT’s Contract Plans for the project, but will only include sheets where there are conflicts with the City’s watermain. The plans and specifications will be suitable for permitting, public bidding, and construction and will contain the following information: 1. Cover Sheet 2. Signature Sheet 3 3. Summary of Pay Items (1 sheet) 4. General Notes (1 sheet) 5. Watermain Plan and Profile (up to 6 sheets) 6. Watermain Standard Details (up to 4 sheets) 7. Watermain Construction Details (up to 2 sheets)  Prepare Technical Specifications based on the City’s design standards and a Measurement and Payment Section based on the FDOT’s Master Pay Item List.  Prepare a Summary of Pay Items based on FDOT’s Master Pay Item List that will be included with the construction drawings at the 90% and final completion stage.  Submittal of plans and specifications for review to the City at the 50%, 90% and final completion stages. The 50% specification submittal will consist of an index of the specifications.  Submittal of plans and specifications to FDOT to be incorporated into their Biddability Plans to Reviewers submittal (90% plans), Production submittal (100 % plans), and Letting Package.  Meet with the City to review comments and accommodate reasonable requests for revisions after the 50% and 90% completion submittals. It is understood that FDOT will provide comments on the Biddability Plans to Reviewers submittal and that reasonable requests for revisions will be accommodated. Plans will also be provided to the franchise utilities at these stages for coordination purposes. Final plans will be prepared after receipt of the comments from the 90% completion stage. Permitting It is anticipated that a Florida Department of Environmental Protection (FDEP) General Permit for Construction of Watermain Extensions for PWSs will be required for the watermain improvements. Kimley-Horn will submit the applicable permit application for the work to the Palm Beach County Health Department. The City will be listed on the application as the permittee and owner upon the completion of the project. Kimley-Horn will respond to a maximum of one (1) request for additional information from the Health Department for the permit application. Additional revisions or changes in response to subsequent review comments shall be provided as Additional Services. This service authorization includes the $650 permit application fee. It is understood that the City will not be required to submit an FDOT permit application since the project will be constructed as part of the FDOT’s roadway widening project. Any significant plan revisions caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside of Kimley-Horn’s control, additional meetings, or additional coordination will be considered Additional Services. TASK 2 – LIMITED POST-DESIGN PHASE SERVICES It is understood that the FDOT and the City will require limited post-design phase assistance during the bidding and construction phases of this project. 4 Bid Phase Services It is understood that the watermain improvements will be bid as part of the FDOT’s roadway widening project. The Consultant will:  Attend the pre-bid meeting.  Assist the City and FDOT in answering bidder questions.  Attend up to one (1) site meeting with the potential project bidders.  Review the Contractor’s bid proposal, provide comments to the City, and attend up to (1) meeting with the City/FDOT to discuss the results of our review of the bid proposal. It is our understanding that the FDOT will administer the bid process and distribute addenda to bidders. The Bidding or Negotiation Phase will be considered complete upon contract award or upon cessation of negotiations with prospective contractors. Engineer of Record Construction Phase Services During this phase, Kimley-Horn will attend one (1) pre-construction meeting with the selected Contractor, the City, and the FDOT. Kimley-Horn will attend up to two (2) progress meetings with the Contractor, the City and the FDOT during the anticipated 6 week construction duration. It is understood that meeting minutes will be prepared and distributed by others. Kimley-Horn will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which the Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. A Resident Project Representative (RPR) will be furnished by the Consultant and shall act as directed by the Consultant in order to observe the performance of the work by the Contractor. This scope of services anticipates the RPR to visit the site up to 12 times (average of two times per week during the 6 week construction duration) during the duration of construction. Field reports and photos will be prepared and submitted to the City/FDOT. Visits and observations by the Consultant/RPR are not intended to be exhaustive or to extend to every aspect of the Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on the Consultant’s exercise of professional judgment. Based on information obtained during such visits and such observations, the Consultant will determine if the Contractor's work is generally proceeding in accordance with the Contract Documents, and the Consultant shall keep the City/FDOT informed of the general progress of the Work. The purpose of the Consultant/RPR’s visits to the site will be to enable the Consultant to better carry out the duties and responsibilities assigned in this Agreement to the Consultant during the construction 5 phase by City/FDOT, and the Consultant’s efforts to provide the City a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by the Contractor. The Consultant shall not, during such visits or as a result of such observations of the Contractor's work in progress, supervise, direct, or have control over the Contractor's work, nor shall the Consultant have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by the Contractor, for safety precautions and programs incident to the Contractor's work, nor for any failure of the Contractor to comply with laws and regulations applicable to the Contractor's furnishing and performing the Work. Accordingly, the Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. Based on its observations and accompanying supporting documentation, the Consultant will determine the quantities that the Consultant recommends the Contractor be paid (up to 2 payment applications) for the items listed in the Summary of Pay Items for the watermain portion of the project only. It is understood that the FDOT’s Construction Engineering Inspector (CEI) for the project will be responsible for all other items in the pay application. Such recommendations of payment will be in writing and will constitute the Consultant’s representation to the FDOT/City, based on such observations and review, that, to the best of the Consultant’s knowledge, information and belief, the Contractor’s work has progressed to the point indicated and that such work-in-progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, the Consultant’s recommendations of payment will include determinations of quantities and classifications of the Contractor's work, based on observations and measurements of quantities provided with pay requests. By recommending any payment, the Consultant shall not thereby be deemed to have represented that its observations to check the Contractor's work have been exhaustive, extended to every aspect of the Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to the Consultant. It will also not impose responsibility on the Consultant to make any examination to ascertain how or for what purposes the Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to the FDOT/City free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between the FDOT/City and Contractor that might affect the amount that should be paid. Consultant shall recommend to the FDOT/City that the Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, the Consultant believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. The Consultant shall not have the authority or responsibility to stop the work of any Contractor. 6 Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to the FDOT/City as appropriate to the orderly completion of the Contractor's work. Any orders authorizing variations from the Contract Documents will be made by FDOT. Consultant may recommend Change Orders to the City/FDOT, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. Consultant shall receive and review test data provided by the Contractor associated with the Palm Beach County Health Department clearance process as well as approvals required in the Contract Documents. Consultant’s review of such data will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. All testing shall be coordinated and provided under a separate contract between the FDOT or the Contractor and an appropriate testing firm(s) of their choice. The Consultant shall be entitled to rely on the results of such tests and the facts being certified. The Consultant shall prepare up to one (1) partial and one (1) final watermain certification for the Project to the Health Department upon satisfactory testing results and demonstration of proper system operation by the Contractor. The $50 clearance fee for the certification of the permitted public water system components (one partial and one final certification, up to $100 total) is included in this Scope of Work. After receiving notice from the Contractor that the Contractor considers the watermain improvements ready for its intended use, in company with the City, FDOT and the Contractor, the Consultant shall conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list for the watermain improvements. If after considering any objections of the City/FDOT, the Consultant considers the Work substantially complete, the Consultant shall notify the City and FDOT. Consultant shall conduct a final site visit to determine if the completed Work of the Contractor is generally in accordance with the Contract Documents and the final punch list for the watermain improvements. The Consultant shall provide a notice that the Work is generally in accordance with the Contract Documents to the best of the Consultant’s knowledge, information, and belief and based on the extent of the services provided by the Consultant under this Scope of Services and based upon information provided to the Consultant upon which it is entitled to rely. Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Consultant will review project record drawings and manuals prepared, provided, and certified by the Contractor. We will provide one (1) round of comments to the Contractor. After we receive the final revised record drawings from the Contractor, the Consultant will convert the MicroStation record drawings to AutoCAD and submit the record drawings to the City. 7 TASK 3 – ASSISTANCE WITH UHWCA AGREEMENT The Consultant will provide assistance with preparing the UHWCA agreement between the City and FDOT and the accompanying documentation including the Utility Work Schedule and other required support documents. The UHWCA agreement is required to have FDOT construct the watermain improvements as part of the Atlantic Avenue road widening project. Up to 57 hours has been budgeted for document preparation, coordination, meetings, responses to reasonable requests for modifications, and other items that may be required as part of this task. If additional time is needed, then additional services will be required. The assistance will be limited to the technical portions of the project and does not include legal assistance. ADDITIONAL SERVICES Kimley-Horn believes the proposed scope of services to be generally inclusive of the required tasks. However, Kimley-Horn will provide additional services at the request of the City and upon receipt of written authorization to proceed. Kimley-Horn also will provide additional services that arise due to unforeseen circumstances with prior written authorization from the City. Additional services that we can perform upon request of the City include, but are not limited to, the following:  Additional construction phase services beyond the assumed six week construction duration.  Meeting attendance not specifically referenced in the above scope of services.  Additional permitting not specifically referenced in the above scope of services. Additional services will be performed based on proposals approved by the City in advance of the performance of those services. SCHEDULE Kimley-Horn will begin work upon receiving a notice to proceed from the Client. We propose the following schedule:  Client issues Notice to Proceed (NTP).  Four (4) weeks for 50% plans to be submitted to the City after NTP.  One (1) week of City review time for 50% plans.  Four (4) weeks for 90% plans to be submitted to FDOT as part of the FDOT Biddability submittal on July 17th, 2017.  Four (4) weeks for 90% plans to be submitted to the City  Two (2) weeks of City review time for 90% plans.  Five (5) weeks after City comments are received for 90% plans, final plans to be submitted to the City and to FDOT as part of the FDOT Production submittal on October 2, 2017.  Final submittal to be included in the Letting Plans in January 2018. *Design services will be completed by January 31, 2018 and/or commensurate with FDOT’s schedule.* The permit applications will be submitted concurrently with preparation of the 90% plans. Bidding and Construction Phase Services in Tasks 2 will be generally commensurate with the City and selected contractor’s schedule. Assistance with the UHWCA agreement will be performed concurrently with Task 1. The Consultant will work diligently to achieve this schedule. 8 III. BUDGET KHA will perform the Services in Tasks 1 – 3 on an hourly basis not to exceed the fees below without your permission. 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, facsimiles, postage, express delivery services, large-format color printing, construction drawing printing, specification printing, and other out-of house printing. Reimbursable expense will be billed as incurred and back up documentation will be provided for these expenses. Additional services which may be identified as needed at a later time will be negotiated at that time. TASK DESCRIPTION FEE 1 Watermain Design and Permitting $50,560.00 2 Limited Post-Design Phase Services $29,368.00 3 Assistance with UHWCA agreement $7,908.00 Reimbursable Permitting Expenses $750.00 Estimated Reimbursable Expenses $200.00 Total (Including Reimbursable Expenses) $88,786.00 FORM 710-010-09 UTILITIES 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 ENGINEERING CONTRACTS (Appendix A of Assurances) Financial Project ID: 434722-1-36-01 Federal Project ID: 0951-666-I County: Palm Beach State Road No.: 9 District Document No: Utility Agency/Owner (UAO): City of Delray Beach During the performance of this contract, the ENGINEERING CONTRACTOR, for itself, its assignees and successors in interest (hereinafter referred to as the "ENGINEER"), agrees as follows: (1) Compliance with Regulations: The ENGINEER will comply with the Regulations of the DEPARTMENT OF TRANSPORTATION relative to nondiscrimination in Federally-assisted programs of the DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The ENGINEER, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors, including procurement of materials or leases of equipment. The ENGINEER will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A & B of the Regulations. (3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the ENGINEER for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the ENGINEER of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The ENGINEER will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the ENGINEER is in the exclusive possession of another who fails or refuses to furnish this information, the ENGINEER shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the ENGINEER's noncompliance with the nondiscrimination provisions of paragraphs (1) through (4), the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the ENGINEER under the contract until the ENGINEER complies; and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The ENGINEER will include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The ENGINEER will take such action with respect to any subcontract, procurement or lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the ENGINEER becomes involved in, or is threatened with, litigation with a subcontractor, supplier or lessor as a result of such direction, the ENGINEER may request the State to enter into such litigation to protect the interests of the State, and, in addition, the ENGINEER may request the United States to enter into such litigation to protect the interests of the United States. PROJECT:Delray Beach Atlantic Avenue/I-95 Watermain Improvements SHEET 1 of 1 CLIENT:City of Delray Beach FILE NO. ESTIMATOR:Fannie Howard DATE:4/3/2017 ALLOCA -$ DESCRIPTION: See Scope of Services DIRECT LABOR ( MAN-HOURS ) Senior Senior SUB EXP LINE Principal Principal Professional Professional Analyst Support Staff TOTAL JP/MM KS FH SG JL RC/MP Task 1 - Watermain Design and Permitting Data Collection Data Collection and Franchise Utility Coordination 0.5 2.0 10.0 2.0 1,514.00$ Kick off meeting 2.0 3.0 1.0 837.00$ Coordinate with Utility Locator (10 digs)1.0 1.0 1.0 3,000.00$3,308.00$ -$ Construction Documents -$ Site Visit (up to 2)2.5 5.0 2.5 1.0 1,494.50$ Attend Utility Coordination Meetings (up to 2)2.0 4.0 1.0 972.00$ Construction Plan Prep -$ Cover Sheet 0.5 1.0 186.50$ Signature Sheet 0.5 1.5 246.00$ Summary of Pay Items 2.0 4.0 18.0 4.0 3,194.00$ General Notes 1.0 4.0 6.0 1,434.00$ Water Main Plans/Profile (6 sheets)9.0 36.0 102.0 18,618.00$ Water Main Standard Details (4 sheets)1.0 4.0 6.0 1,434.00$ Water Main Construction Details (2 Sheets)2.0 8.0 18.0 3,582.00$ Water Main Technical Specifications 4.0 18.0 9.0 4,059.00$ QC, 50%, 90% plan submittal, FDOT submittals, review meetings, and comment response 6.0 6.0 6.0 9.0 6.0 4.0 5,019.00$ Final Plan Prep and submittal 1.0 4.0 4.0 4.0 2.0 1,744.00$ Permitting Prepare and Submit WM application to City 2.0 4.0 6.0 2.0 1,650.00$ FDEP submittal and comment response 1.0 4.0 4.0 2.0 1,268.00$ ESTIMATE FOR ENGINEERING SERVICES Technician/ SR Field Rep PROJECT:Delray Beach Atlantic Avenue/I-95 Watermain Improvements SHEET 1 of 1 CLIENT:City of Delray Beach FILE NO. ESTIMATOR:Fannie Howard DATE:4/3/2017 ALLOCA -$ DESCRIPTION: See Scope of Services DIRECT LABOR ( MAN-HOURS ) Senior Senior SUB EXP LINE Principal Principal Professional Professional Analyst Support Staff TOTAL JP/MM KS FH SG JL RC/MP Technician/ SR Field Rep Task 2 - Limited Post-Design Services Bid Phase Services Attend Pre-bid meeting 3.0 1.0 477.00$ Assist the City in answering Bidder questions 1.0 6.0 3.0 2.0 1,437.00$ Site Meeting with Bidders (up to 1)4.0 1.0 612.00$ Review of low bid and summary of findings 1.0 4.0 2.0 864.00$ -$ Construction Phase Services -$ Pre-Construction Meeting (up to 1)2.0 3.0 2.0 1.0 1,075.00$ Progress Meetings (up to 2)2.0 4.0 4.0 1.0 1,448.00$ Shop Drawing Review 4.0 9.0 12.0 6.0 3,795.00$ Limited RFIs, Change Order Review 4.0 9.0 6.0 6.0 3,255.00$ Limited Pay Application Assistance 4.0 4.0 1,016.00$ -$ Site Visits/Field Review (up to 12 visits, average 2 times per week)6.0 12.0 42.0 6.0 8,130.00$ FDEP WM Certifications (2 partial and 1 final)1.0 4.0 4.0 2.0 1,268.00$ Substantial Completion Visit and punchlist 1.0 4.0 4.0 1.0 1,268.00$ Final Completion Visit 0.5 2.0 4.0 1.0 908.00$ Record Drawing Review 1.0 6.0 4.0 1.0 1,538.00$ Record Drawing CADD Conversion 1.0 18.0 2,277.00$ -$ Task 3 - JPA Assistance Provide Assistance with JPA Agreement 9.0 18.0 30.0 4.0 7,908.00$ -$ -$ -$ Reimbursable Permitting Expenses $750 750.00$ Reimbursable Expenses $200 200.00$ -$ 0 6.00 68.50 201.00 74.00 281.00 45.00 3,000.00$950 3,675.50$ 244.00 203.00 180.00 135.00 101.00 119.00 72.00 1.00$1.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -$0.00 0.00 1,218.00 12,330.00 27,135.00 7,474.00 33,439.00 3,240.00 3,000.00$950.00 88,786.00$ 27 34 35 36 26 2 3 9 10 11 12 13 141516 22 23 2728 33 34 35 24 25 1 25 36 31 30 31 33 GOLF OFVILLAGE BEACH BOYNTON Pop. 716 GULF STREAM Pop. 411 BRINY BREEZES OCEAN RIDGE Exit 56 Exit 52 Exit 51 Exit 50 T R A N S . E A S T C O A S T R W Y . BEACH DELRAY Boynton Beach Road W.Atlantic Ave. Linton Blvd. C-15 S-40 A1A 804 811 806 807 792 782 806A Pop. 1,636 Pop. 230 Pop.60,020 845 Golf Road Pop. 60,389 C o n g r e s s 95 N 0 1 2 Miles AECOM TECHNICAL SERVICES, INC. 4010 BOY SCOUT BLVD, STE 300 TAMPA, FLORIDA 33607 TEL: (813) 630-2500 * FAX: (813) 621-2300 CERTIFICATE OF AUTHORIZATION NO. 8115 VENDOR NO. 95-2661922 CONTRACT NO. C-9F54 BRUNO J. FIORI, P.E. 49150 TAMPA, FLORIDA 33607 4010 BOY SCOUT BLVD, STE 300 AECOM TECHNICAL SERVICES, INC. BRUNO J. FIORI, P.E. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONTRACT PLANS COMPONENTS OF CONTRACT PLANS SET KEY SHEET OF EACH COMPONENT A DETAILED INDEX APPEARS ON THE HAVE CHANGED DUE TO REPRODUCTION. NOTE: THE SCALE OF THESE PLANS MAY P.E. NO.: ENGINEER OF RECORD: PLANS PREPARED BY: SHEET DESCRIPTIONSHEET NO. TO BE SUBMITTED TO: BRENT LEE-SHUE-LING, P.E. NO. SHEET YEAR FISCAL ROADWAY SHOP DRAWINGS ROADWAY PLANS 6:00:16 PM H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\keysrd01.dgnlloyda4/30/2015 FINANCIAL PROJECT ID 434722-1-52-01 PALM BEACH COUNTY (93030) FDOT PROJECT MANAGER: 1 18 INDEX OF ROADWAY PLANS STATE ROAD NO. 806 DESCRIPTIONDATE KEY SHEET REVISIONS BEE LINE EXPRESSWAYFLORIDA STUR NPIKE 10 PENSACOLA FORT WALTON BEACH PANAMA CITY CHIPLEY TALLAHASSEE 75 10 295 95 JACKSONVILLE ST AUGUSTINE GAINESVILLE OCALA DAYTONA BEACH DELAND 4 NEW PORT RICHEY TAMPA 75 4 LAKELAND MELBOURNE - COCOA ORLANDO BARTOWST PETERSBURG 275 SARASOTA - BRADENTON 75 95 FT PIERCE FT MYERS WESTPALM BEACH FT LAUDERDALE MIAMI 75 75 NAPLES KEY WEST CITY LAKE LENGTH OF PROJECT ROADWAY GROSS LENGTH OF PROJECT NET LENGTH OF PROJECT BRIDGES EXCEPTIONS LINEAR FEET MILES 4508.50 4508.50 4508.50 0.854 0.854 0.854 following web site: For Design Standards click on the "Design Standards" link at the click on the "Specifications" link at the following web site: For the Standard Specifications for Road and Bridge Construction GOVERNING STANDARDS AND SPECIFICATIONS: http://www.dot.state.fl.us/rddesign/ http://www.dot.state.fl.us/specificationsoffice/ END PROJECT Boca Raton To Atlantis To STA. 313+33.56 MP 7.632 MP 6.778 LOCATION OF PROJECT R - 4 3 - E T-46-S R - 4 3 - E T-46-S T-45-S R - 4 2 - E T-45-S R - 4 2 - E LIST OF REVISED INDEX DRAWINGS SHEET NOINDEX NO. Lantana To (FEDERAL FUNDS) Contract Documents. Specifications for Road and Bridge Construction, as amended by revised Index Drawings as appended herein, and July 2015 Standard Florida Department of Transportation, 2015 Design Standards and CONSTRUCTION CONTRACT NO. T4XXX BEGIN PROJECT STA. 268+25.02 STA. 269+76.44 AH STA. 269+76.40 BK= 1 of 117841 1-5 of 517347 1-2 and 13-14 of 1417346 1 of 117302 4 of 811860 3 of 311200 1-2 of 2603 1-12 of 12600 1 of 1519 1 of 5 412 LANDSCAPE PLANS LIGHTING PLANS ITS PLANS SIGNALIZATION PLANS SIGNING AND PAVEMENT MARKING PLANS (NOT INCLUDED) ROADWAY PLANS APRIL 30, 2015 INITIAL ENGINEERING PLANS CTL1 - CTL2 PROJECT SURVEY CONTROL 79 - 81 TEMPORARY TRAFFIC CONTROL PLAN STORMWATER POLLUTION PREVENTION PLAN76 - 78 37 - 75 CROSS SECTIONS 36 ROADWAY SOILS SURVEY OPTIONAL MATERIALS TABULATION35 DRAINAGE STRUCTURES28 - 34 EXISTING DRAINAGE STRUCTURES 27 14 - 26 PLAN 13 PROJECT NOTES SUMMARY OF DRAINAGE STRUCTURES11 - 12 3 - 10 TYPICAL SECTION DRAINAGE MAP2 1A - 1B NOTES TO REVIEWERS 1 KEY SHEET 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 13 13 13 13 13 13 1313 13 13 13 13 13 13 13 13 13 13 13 13 1313 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 151515 15 15 15 15 15 16 16 16 16 16 16 16 1616 16 16 16 16 16 161616 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 17 17 17 17 17 1 7 17 1717 17 17 17 17 17 17 17 1717 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 1717 17 17 17 1 8 18 18 18 18 18 181818 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 1 9 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 1919 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 202020 20 20 20 20 20 2020 20 21 21 21 21 21 21 21 21 21 21 21 21 22 22 22 22 23 SD SDSD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD S-2 S-3 S-4 S-5 S-6 S-7 S-8 S-9 S-10 S-11 S-12 S-13 S-14 S-16 S-18 S-19 S-20 S-21 S-19A S-20A S-21A OF 15" PIPECONST. 15 LF OF 15" PIPECONST. 12 LF OF 15" PIPECONST. 28 LF OF 15" PIPECONST. 17 LF OF 15" PIPECONST. 4 LF OF 15" PIPECONST. 19 LF OF 15" PIPECONST. 15 LF OF 15" PIPECONST. 3 LF OF 15" PIPECONST. 18 LF S-15 OF 15" PIPECONST. 12 LF OF 15" PIPECONST. 22 LFS-17 OF 18" PIPE CONST. 37 LF OF 18" PIPE CONST. 25 LF OF 18" PIPE CONST. 21 LF S-1 OF 18" PIPECONST. 104 LF 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 30 31 32 33 POT STA. 33+17.09 27 28 29 24 5 24 6 24 7 24 8 24 9 25 0 25 1 25 2 30 31 3 2 33 34 35 36 37 38 39 40 4 1 42 4 3 44 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 10 11 1213 45 4/30/2015craig_jenne S:\Projects\_RDWY\ProjFdot\ProjFDOT\V8\43472215201\drainage\DRMPRD01.DGN5:41:12 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRAINAGE MAP N O T I C E : T H E O F F I C I A L R E C O R D O F T H I S S H EE T I S T H E EL E C T R ON I C F I L E S I GN E D A N D S E A L E D UN D E R R U L E 6 1 G 1 5 - 2 3 . 0 0 3 , F . A . C . N Feet 300600 FLIGHT YEAR: 2011 S 1 7 T 4 6 R 4 3 S 1 8 T 4 6 R 4 3 MH-D1 CI-17 MH-7 MH-D5A CI-16 CI-18 CI-19 CI-15 MH-D9 CI-14 MH-D8 CB-1 MH-D7 MH-D6 MH-D5 CI-13 CI-12 CI-11 MH-D4 CI-10 HW-1 MH-D3 MH-D2 CI-9 CI-7 MH-3 MH-4 CI-5 MH-2 CI-6 MH-10 MH-9 CI-4 CI-3 CI-2 CI-1 MH-1MH-8 SR 806 (ATLANTIC AVE) C O N G R E S S S Q U A R E C O N G R ES S S Q U A R E N O R T H C O N G R E S S AV E C O N G R E S S A V E S O U T H N W 12 T H A V E S W 12 T H A V E N W 11 T H A V E S W 11 T H AV E N W 1 0 T H AV E S W 10 T H A V E SR 806 (ATLANTIC AVE) S-1 S-2 S-3 S-3A S-16 S-16A S-17 S-18 S-4 S-4A S-5A S-5 S-6 S-7 S-8 S-10S-9 S-12 S-11 S-13 S-14 S-15 I - 9 5 I- 95 CI-20 MH-6 MH-5 C AN A L E -4 C S X R R C S X R R 0.49 Ac. 0.42 Ac. 0.27 Ac. 0.64 Ac. 0.87 Ac. 0.33 Ac. 0.17 Ac. 0.47 Ac. 0.37 Ac. 0.20 Ac. 0.07 Ac. 0.23 Ac. 0.28 Ac. 0.30 Ac. 0.32 Ac. 0.32 Ac. 0.17 Ac.0.48 Ac. 0.38 Ac. 26.53 Ac.15.43 Ac.4 .9 4 A c . 182.76 Ac. drainage concerns. construction personnel with documentation and to assist the plans for CONSTRUCTION PURPOSES. This sheet is in DO NOT USE THE INFORMATION ON THIS SHEET FOR CRAIG A. JENNE, P.E. 7650 WEST COURTNEY CAMPBELL CAUSEWAY P.E. LICENSE NUMBER 69269 URS CORPORATION SOUTHERN TAMPA, FLORIDA 33607-1462 C.A. NO. 00000002 2 R/W LINE EXISTING R/W LINE PROPOSED 1.5' 11'11'11'4'11'11'11'11'11'11' R/W LINE EXISTING SIDEWALK EXIST. CONC. 6' £ SURVEY RESURFACING MILLING AND 23.5'60' MILLING AND RESURFACING BORDER 12' WIDENING 0'-17' TYPE F EXIST. CURB & GUTTER Ground Natural Ground Natural LANE BIKE 5' 27.5' MEDIAN TYPE F CURB & GUTTER 6' 8' WIDENING 3' MILLING, OVERBUILD AND RESURFACING 8' R/W VARIES (70' MIN.) 2' R/W VARIES (53' MIN.) 0.03 0.02 CONC. SIDEWALK 0.015 (0.017-0.046) MATCH EXIST. MATCH EXIST. (0.013-0.023)MATCH EXIST. (0.02-0.04) LANE 6' BIKE 14.5' POSTED SPEED = 35 MPH DESIGN SPEED = 40 MPH K = 9.0% D = 60.6% T = 4.3% (24 HOUR) ESTIMATED DESIGN YEAR = 2015 AADT = 46,800CURRENT YEAR = 2020 AADT = 47,700 = 2040 AADT = 59,800 ESTIMATED OPENING YEAR MILLING RESURFACING STA. 268+25.02 TO STA. 278+96.71 CONSTANT DEPTH MILLING AND RESURFACING SR 806 (ATLANTIC AVENUE) TYPICAL SECTION TRAFFIC DATA WIDENING MILL EXISTING ASPHALT PAVEMENT FOR DEPTH (1") 4" LBR 40 STABILIZATION 12" TYPE B 3 TYPICAL SECTION FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) (ARB) FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) (ARB) SP STRUCTURAL COURSE (TRAFFIC C) (2 1/2") OPTIONAL BASE GROUP 9 CLEARING AND GRUBBING STANDARD SOD 4' AVE RETURNS. 2. MILLING AND RESURFACING LIMITS INCLUDE CONGRESS 1. COMPACTION SHALL BE LIMITED TO STATIC MODE ONLY. NOTES: TYPE IV (OPTION II) TRAFFIC SEPARATOR BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/29/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\TYPSRD01 - Review Comments.DGN3:16:52 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 3 11'11'11'11'11'11'11'11' 22' Ground Natural R/W LINE EXISTING R/W LINE PROPOSED Ground Natural R/W LINE EXISTING BORDER 12' WIDENING 28' MILLING AND RESURFACING 44' 29.5' MEDIAN 6' SIDEWALK EXIST. CONC. TYPE F EXIST. CURB & GUTTER R/W VARIES (60' MIN.)R/W VARIES (53' MIN.) £ SURVEY TYPE F CURB & GUTTER CONC. SIDEWALK 6' 0.03 11' MILLING AND RESURFACING 33' 2' 3' 2' 5.5' LANE SHARROW 0.015 LANE BIKE 6' MATCH EXIST. (0.012-0.047)(0.018-0.032) MATCH EXIST. (0.02-0.042) EXIST. MATCH POSTED SPEED = 35 MPH DESIGN SPEED = 40 MPH ESTIMATED DESIGN YEAR = 2015 AADT = 46,800CURRENT YEAR = 2020 AADT = 47,700 = 2040 AADT = 59,800 ESTIMATED OPENING YEAR LBR 40 STABILIZATION 12" TYPE B SR 806 (ATLANTIC AVENUE) TYPICAL SECTION STA. 278+96.71 TO STA. 289+57.99 CONSTANT DEPTH MILLING AND RESURFACING MILLING RESURFACING WIDENING MILL EXISTING ASPHALT PAVEMENT FOR DEPTH (1") 4" TYPICAL SECTION 4 TRAFFIC DATA K = 9.0% D = 60.6% T = 4.3% (24 HOUR) FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) (ARB) FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) (ARB) SP STRUCTURAL COURSE (TRAFFIC C) (2 1/2") OPTIONAL BASE GROUP 9 SOD 4' CLEARING & GRUBBING STANDARD AVE RETURNS. 2. MILLING AND RESURFACING LIMITS INCLUDE CONGRESS 1. COMPACTION SHALL BE LIMITED TO STATIC MODE ONLY. NOTES: BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/29/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\TYPSRD01 - Review Comments.DGN3:16:52 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 4 VARIES 4'11'11'10.5'12'12'11'11' VARIES Ground Natural Ground Natural £ SURVEY 6' 6' SIDEWALK EXIST. CONC. SIDEWALK EXIST. CONC. 34.5' MEDIAN TYPE F EXIST. CURB & GUTTER TYPE F EXIST. CURB & GUTTER 61' MILLING AND RESURFACING 5' R/W VARIES (200' MIN.)R/W VARIES (300' MIN.) TYPE F EXIST. CURB & GUTTER VARIES 45.5'-51' MILLING AND RESURFACING 11'-15' VARIES 10'-0' VARIES 0'-10' VARIES DELINEATOR BIKE LANE 7' BUFFERED 1.5'-3' LANE BIKE 5' (0.022-0.035) MATCH EXIST. MATCH EXIST. (0.019-0.04)(0.015-0.025) MATCH EXIST. MATCH EXIST. (0.012-0.035) POSTED SPEED = 35 MPH DESIGN SPEED = 40 MPH ESTIMATED DESIGN YEAR = 2015 AADT = 46,800 TRAFFIC DATA CURRENT YEAR = 2020 AADT = 47,700 = 2040 AADT = 59,800 ESTIMATED OPENING YEAR SR 806 (ATLANTIC AVENUE) TYPICAL SECTION STA. 289+57.99 TO STA. 301+14.31 CONSTANT DEPTH MILLING AND RESURFACING MILLING RESURFACING MILL EXISTING ASPHALT PAVEMENT FOR DEPTH (1") TYPICAL SECTION 5 TYPE 1 (OPTION II) TRAFFIC SEPARATOR K = 9.0% D = 60.6% T = 4.3% (24 HOUR) FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) (ARB)1. COMPACTION SHALL BE LIMITED TO STATIC MODE ONLY. NOTES: LA R/W LINE EXISTING LA R/W LINE EXISTING BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/29/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\TYPSRD01 - Review Comments.DGN3:16:52 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 5 1.5' 11'4'11'11'11' R/W LINE EXISTING R/W LINE EXISTING £ SURVEY 51' MILLING AND RESURFACING MILLING AND RESURFACING 28'27' MEDIAN TYPE F CURB & GUTTER EXIST. TYPE F EXIST. CURB & GUTTER SIDEWALK EXIST. CONC. SIDEWALK EXIST. CONC. Natural Ground Natural Ground 6' 6' R/W VARIES (173' MIN.)R/W VARIES (173' MIN.) TYPE F CURB & GUTTER 5.5' WIDENING 11' 0.03 12'-82' VARIES 11' 27'-84' VARIES DELINEATOR BIKE LANE 7' BUFFERED LANE BIKE 6' (0.027-0.04) MATCH EXIST. MATCH EXIST. (0.024-0.036)MATCH EXIST. (0.02-0.03) POSTED SPEED = 35 MPH DESIGN SPEED = 40 MPH ESTIMATED DESIGN YEAR = 2015 AADT = 46,800 TRAFFIC DATA CURRENT YEAR = 2020 AADT = 47,700 = 2040 AADT = 59,800 ESTIMATED OPENING YEAR SR 806 (ATLANTIC AVENUE) TYPICAL SECTION STA. 301+14.31 TO STA. 306+95.11 CONSTANT DEPTH MILLING AND RESURFACING MILLING RESURFACING WIDENING MILL EXISTING ASPHALT PAVEMENT FOR DEPTH (1") LBR 40 STABILIZATION 12" TYPE B TYPICAL SECTION 6 TYPE 1 (OPTION 2) TRAFFIC SEPARATOR K = 9.0% D = 60.6% T = 4.3% (24 HOUR) FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) (ARB) FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) (ARB) SP STRUCTURAL COURSE (TRAFFIC C) (2 1/2") OPTIONAL BASE GROUP 9 1. COMPACTION SHALL BE LIMITED TO STATIC MODE ONLY. NOTES: SOD 4' GRUBBING CLEARING AND STANDARD BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/29/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\TYPSRD01 - Review Comments.DGN3:16:53 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 6 1.5' 13'11'6'11'13' R/W LINE EXISTING R/W LINE EXISTING £ SURVEY TYPE F EXIST. CURB & GUTTER Natural Ground Natural Ground 19.5' MEDIAN 44' MILLING AND RESURFACING LANE 8' PARKING 8' R/W VARIES (53' MIN.)R/W VARIES (53' MIN.) 12' 2' LANE PARKING 8.5' AND RESURFACING 34' MILLING 8.75' LANE SHARROW SHARROW LANE TYPE F EXIST. CURB & GUTTER BRICK PAVERS EXIST. SIDEWALK BRICK PAVERS EXIST. SIDEWALK (0.029-0.036) EXIST. MATCH (0.014-0.03) MATCH EXIST. MATCH EXIST. (0.012-0.025) (0.03-0.033) EXIST. MATCH POSTED SPEED = 35 MPH DESIGN SPEED = 40 MPH ESTIMATED DESIGN YEAR = 2015 AADT = 46,800CURRENT YEAR = 2020 AADT = 47,700 = 2040 AADT = 59,800 ESTIMATED OPENING YEAR SR 806 (ATLANTIC AVENUE) TYPICAL SECTION STA. 306+95.11 TO STA. 313+33.56 CONSTANT DEPTH MILLING AND RESURFACING MILLING RESURFACING MILL EXISTING ASPHALT PAVEMENT FOR DEPTH (1") TYPICAL SECTION 7 TRAFFIC DATA K = 9.0% D = 60.6% T = 4.3% (24 HOUR) FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) (ARB)1. COMPACTION SHALL BE LIMITED TO STATIC MODE ONLY. NOTES: BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/29/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\TYPSRD01 - Review Comments.DGN3:16:53 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7 0.03 0.06 0.06 6" 1' 12'12'12' PAVT SHLDR 8' SHLDR 15.5' 4' SHLDR PAVT GUTTER SHLDR Natural Ground Natural Ground MILLING AND RESURFACING 28' WIDENING 12' R/W VARIES (69' MIN.) PAVT ASPHT 3' MISC SHLDR 8' GUARDRAIL LA R/W LINE NOISE WALL 0.06 V A RI E S 1: 4 T O 1: 2 VARIES 10' TO 23' 1:3 (0.015-0.03) MATCH EXIST. MILLING RESURFACING WIDENING MILL EXISTING ASPHALT PAVEMENT FOR DEPTH (1") RAMP TO NB I-95 TYPICAL SECTION LBR 40 STABILIZATION 12" TYPE B 4" TYPICAL SECTION 8 4" 1. COMPACTION SHALL BE LIMITED TO STATIC MODE ONLY. NOTES: 2' SOD TURF STANDARD CLEARING AND GRUBBING SHOULDER PAVEMENT DESIGN SPEED = 45 MPH £ RAMP 8"8" FRICTION COURSE 37'-4" STA. 30+93.25 TO STA. 44+12.64 STA. 11+03.20 TO STA. 13+38.68 AND CONSTANT DEPTH MILLING AND RESURFACING FRICTION COURSE FC-5 (TRAFFIC C) (3/4") (PG 76-22) (ARB) SP STRUCTURAL COURSE (TRAFFIC C) (1") (PG 76-22) (ARB) FRICTION COURSE FC-5 (TRAFFIC C) (3/4") (PG 76-22) (ARB) SP STRUCTURAL COURSE (TRAFFIC C) (2") (PG 76-22) (ARB) OPTIONAL BASE GROUP 9 FRICTION COURSE FC-5 (TRAFFIC C) (3/4") (PG 76-22) (ARB) SP STRUCTURAL COURSE (TRAFFIC C) (2") (PG 76-22) (ARB) OPTIONAL BASE GROUP 1 BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/29/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\TYPSRD01 - Review Comments.DGN3:16:53 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 8 11'11'11'11'11'11'11'4' Ground Natural R/W LINE EXISTING R/W LINE PROPOSED Ground Natural R/W LINE EXISTING BORDER 12' 6' SIDEWALK EXIST. CONC. TYPE F EXIST. CURB & GUTTER R/W VARIES (67' MIN.)R/W VARIES (53' MIN.) TYPE F CURB & GUTTER CONC. SIDEWALK 6'11' 0.03 4' 1.5' 17' WIDENING 12' 5' PAVED SHLDR. 11' 1'4' PAVED SHLDR. 0.015 LBR 40 STABILIZATION 12" TYPE B 4" WIDENING TYPICAL SECTION 9 NORTH CONGRESS AVENUE TYPICAL SECTION FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) (ARB) SP STRUCTURAL COURSE (TRAFFIC C) (2") OPTIONAL BASE GROUP 9 1. COMPACTION SHALL BE LIMITED TO STATIC MODE ONLY. NOTES: AND GRUBBING STANDARD CLEARING £ SURVEY DESIGN SPEED = 45 MPH STA. 248+65.96 TO STA. 251+76.38 BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/29/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\TYPSRD01 - Review Comments.DGN3:16:54 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 9 11'11'11' 8'5' SIDEWALK EXIST. CONC. Ground Natural Ground Natural 0.02 R/W LINE EXISTING R/W 25' R/W SHOULDER 6' LBR 40 STABILIZATION 12" TYPE B 4" WIDENING STA. 30+50.00 TO STA. 32+27.50 CONSTANT DEPTH MILLING AND RESURFACING NW 12TH AVENUE TYPICAL SECTION TYPICAL SECTION 10 MILLING RESURFACING MILL EXISTING ASPHALT PAVEMENT FOR DEPTH (1") FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) (ARB) EXIST. MATCH EXIST. MATCH FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) (ARB) SP STRUCTURAL COURSE (TRAFFIC C) (1") OPTIONAL BASE GROUP 1 2' SOD WIDENING RESURFACING MILLING AND 1. COMPACTION SHALL BE LIMITED TO STATIC MODE ONLY. NOTES: £ CONST. 2' SOD DESIGN SPEED = 35 MPH 0.06 BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/29/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\TYPSRD01 - Review Comments.DGN3:16:54 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 10 CRAIG A. JENNE, P.E. 7650 WEST COURTNEY CAMPBELL CAUSEWAY P.E. LICENSE NUMBER 69269 URS CORPORATION SOUTHERN TAMPA, FLORIDA 33607-1462 C.A. NO. 00000002 Q U A N T I T Y STR. NO.STATION SIDE DESCRIPTION B A R R E L S P S-2 272+57.12 LT.Inlet, Pipe 1 F P S-3 275+98.70 LT.Inlet, Pipe 1 F P S-4 282+26.78 LT.Inlet, Pipe 1 F P S-5 284+80.39 LT.Inlet, Pipe 1 F P S-6 284+83.94 LT.Inlet, Pipe 1 F P S-7 293+56.00 LT.Inlet, Pipe 1 F P S-8 294+98.00 LT.Inlet F P S-9 298+32.00 LT.Inlet, Pipe 1 F P S-10 298+32.00 LT.Inlet F P S-11 303+03.00 LT.Inlet F P S-12 303+08.97 LT.Inlet, Pipe 1 F P S-13 304+07.00 LT.Inlet, Pipe 1 F P S-14 306+27.25 LT.Inlet, Pipe 1 F P S-16 249+98.81 LT.Inlet, Pipe 1 F P S-18 250+24.06 RT.Inlet, Pipe 1 F P S-19 34+93.08 RT.Inlet, Pipe 1 F P S-20 37+61.68 RT.Inlet, Pipe 1 F P S-21 40+31.16 RT.Inlet, Pipe 1 F CURB INLETS MANHOLES REMARKS ROUND P-5 P-6 P-7 P-7 E S-P 15"18"<10'<10'<10'<10'<10'<10'18" 15 1 12 1 28 1 17 1 4 1 19 1 1 1 1 15 1 1 1 1 1 3 1 100 1 1 18 1 12 1 22 1 37 1 25 1 21 1 Sheet Summary P Total F Total 165 0 183 0 5 0 4 0 5 0 5 0 1 0 3 0 0 0 4/30/2015david_graham S:\Projects\_RDWY\ProjFdot\ProjFDOT\V8\43472215201\drainage\SUMDRD01.DGN2:19:14 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRAINAGE STRUCTURES (1) SUMMARY OF OPTIONAL MATERIAL STORM DRAIN INLETS BOTTOM DITCH INLETS GUTTER ENDWALL CONCRETE U-TYPE 11 CRAIG A. JENNE, P.E. 7650 WEST COURTNEY CAMPBELL CAUSEWAY P.E. LICENSE NUMBER 69269 URS CORPORATION SOUTHERN TAMPA, FLORIDA 33607-1462 C.A. NO. 00000002 Q U A N T I T Y STR. NO.STATION SIDE DESCRIPTION B A RR E L S P S-19A 34+93.08 RT.U-type EW, Pipe 1 F P S-20A 37+61.68 RT.U-type EW, Pipe 1 F P S-21A 40+31.16 RT.U-type EW, Pipe 1 F REMARKS ROUND P-5 P-6 P-7 P-7 E S-P 15"18"<10'<10'<10'<10'<10'<10'18" 37 1 25 1 21 1 Sheet Summary P Total F Total 0 0 83 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 Final Summary P Total F Total 165 0 266 0 5 0 4 0 5 0 5 0 1 0 3 0 3 0 4/30/2015david_graham S:\Projects\_RDWY\ProjFdot\ProjFDOT\V8\43472215201\drainage\SUMDRD01.DGN2:19:45 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRAINAGE STRUCTURES (2) SUMMARY OF OPTIONAL MATERIAL STORM DRAIN CURB INLETS MANHOLES INLETS BOTTOM DITCH INLETS GUTTER ENDWALL CONCRETE U-TYPE 12 1270 1271 1272 CURVE DATA C1 PI STA. = 272+59.05 T = 282.61 L = 561.16 R = 1,910.08 PC STA. = 269+76.44 PT STA. = 275+37.59 267 268 269 270 271 272 CURVE DATA C31 PI STA. = 1272+47.43 T = 281.26 L = 558.00 R = 1,800.00 PC STA. = 1269+66.17 PT STA. = 1275+24.17 e = NC e = NC 1 "= 40 ' N G 4 G 4 G 4 6' CONCRETE SIDEWALK PROP. R/W LINE AND RESURFACING LIMITS OF MILLING CURVE C31 SR 806 (ATLANTIC AVE) C O N G R E S S S Q U A R E (TYPE F) CURB & GUTTER SOLTY'S PLUMBING LEIFERT & LEIFERT ARONBERG & ARONBERG PALM BEACH COMMUNITY BANK LEGEND RESURFACING LIMITS MILLING AND WIDENING 69.28' RT +15.31 69.73' RT +72.41 2 2 ' D W + 8 1 . 9 8 3 2 ' D W + 7 4 . 2 3 2 4 ' D W + 6 2 .27 N71°37'35"E CURVE C1 P C S T A . 2 6 9 + 7 6 .4 4 EQUATION: Sta 269+76.40 BK = Sta 269+76.44 AH P C S T A . 1 2 6 9 + 6 6 .1 7 EXIST. R/W LINE 49.00' LT +09.85 R/W LINE R/W LINE 47.29' RT +10.18 47.35' LT +39.87 AND RESURFACING LIMITS OF MILLING S=0.03% S=0.808% END ANCHORAGE ASSEMBLY (FLARED) MISC. ASPH. GUARDRAIL & EL=17.06' 46.42' LT +60.43 EL=17.25' 42.53' LT +02.49 EL=17.18' 46.26' LT +00.00 STA 269+66.13 £ SURVEY, 9.00' LT STA 1269+66.17 £ CONST. = £ CONST. £ SURVEY STA 268+25.02 £ SURVEY BEGIN PROJECT 59.72' LT +25.68 61.51' LT +35.68 SD WATER WATER TEL BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD01.dgn2:01:51 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN 1272 272 3 6 ' 5 1 ' 4 9 ' 7 1 ' 12 14 1272 1273 1274 1275 1276 1277 272 273 274 275 276 277 CURVE DATA C31 PI STA. = 1272+47.43 T = 281.26 L = 558.00 R = 1,800.00 PC STA. = 1269+66.17 PT STA. = 1275+24.17 CURVE DATA C1 PI STA. = 272+59.05 T = 282.61 L = 561.16 R = 1,910.08 PC STA. = 269+76.44 PT STA. = 275+37.59 e = NC e = NC 1 "= 40 ' N G 4 G 4 G 4 CURVE C31 SR 806 (ATLANTIC AVE) C O N G R E S S S Q U A R E (TYPE F) CURB & GUTTER (TYPE F) CURB & GUTTER (TYPE F) CURB & GUTTER TYPE IV (OPTION 2) 4' TRAFFIC SEPARATOR 6' CONCRETE SIDEWALK AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING EXIST. R/W LINE PROP. R/W LINE WALGREENS PRICE FLOORING GERMAN AUTO WORLD EUROSTONE IMPORTS STOP 'N GO AUTO BODY LANGEL'S LEGEND RESURFACING LIMITS MILLING AND WIDENING (REPLACE) CONCRETE SIDEWALK 13.12' RT +80.16 23.03' RT +75.64 74.22' RT +05.74 75.00' RT +47.50 2 4 ' D W +6 9 .8 6 0.00' LT +37.14 6 8 ' D W + 2 1 . 0 0 0.00' LT +65.44 1.50' RT +24.17 2 4 ' D W + 7 6 . 0 6 1.50' RT +78.51 N54°49'14"E N53°51'39"E CURVE C1 P I S T A . 1 2 7 2 + 4 7 . 4 3 P I S T A . 2 7 2 + 5 9 . 0 5 64.60' RT +50.53 65.26' RT +91.07 R/W LINE P T S T A . 2 7 5 + 3 7 . 5 9 P T S T A . 1 2 7 5 + 2 4 . 1 7 S=0.808% S=0.30% EL=11.10' 37.00' LT +95.68 £ SURVEY £ CONST. A ND R E S U R F A C I NG L I M I T S O F M I LL I NG TRAFFIC SEPARATOR BACK FLOW BACK FLOW BACK FLOW W ATER W ATER W ATER SD SD SD ELE C WATER WATE R S-2 S-3 OF 15" PIPE CONST. 15 LF OF 15" PIPE CONST. 12 LFS-1 BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD02.dgn2:01:53 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN 1272 272 51 ' 36 ' 49 ' 71 ' 3 9 ' 7 3 ' 4 4 ' 13 CONGRESS AVE. STA. 274+20.00 MATCHLINE 15 3 9 ' 6 2 ' 4 4 ' 6 1 ' 5 2 ' 7 3 ' 3 3 ' 14 M A T C H LI N E S T A. 2 5 0 + 60.0 0 C O N G R E S S A V E. MATCHLINE STA. 247+20.00 CONGRESS AVE. 1278 1279 1280 1281 1282 1283 24 8 24 9 25 0 278 279 280 281 282 283 CURVE DATA C2 PI STA. = 285+72.24 T = 597.67 L = 1,158.47 R = 1,910.08 PC STA. = 279+74.57 PT STA. = 291+33.04 e = NC e = NC CURVE DATA C32 PI STA. = 1282+26.76 T = 277.13 L = 549.23 R = 1,666.67 PC STA. = 1279+49.63 PCC STA.= 1284+98.86 1 "= 4 0 ' NG 4 G 4 G 4 CURVE C32 SR 806 (ATLANTIC AVE) NO R T H C ON G R E SS AV E S W 2 0 T H A V E (TYPE F) CURB & GUTTER (TYPE F) CURB & GUTTER (TYPE F) CURB & GUTTER (TYPE F) CURB & GUTTER TYPE IV (OPTION 2) 4' TRAFFIC SEPARATOR 6' CONCRETE SIDEWALK 6' CONCRETE SIDEWALK AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING EXIST. R/W LINE PROP. R/W LINE EXIST. R/W LINE PROP. R/W LINE VERIZON WIRELESS PRICE FLOORING CHEVRON SHELL ATLANTIC ANIMAL HOSPITAL THE WATER DOCTOR LEGEND RESURFACING LIMITS MILLING AND WIDENING 3 6 ' DW + 3 2 . 6 2 CR-C CR-C C O N G R E SS AV E S O U T H 3 5'R 40 ' R 2'R 53.11' LT +91.90 1.50' RT +78.51 51.27' LT +52.61 67.59' LT +47.71 3 6 ' D W + 27 .18 3 6 ' D W +62 .86 N54°49'14"E N53°51'39"E CURVE C2 R/W LINE R/W LINE P C S T A . 1 2 7 9 + 4 9 . 6 3 P C S T A . 2 7 9 + 7 4 . 5 7 P I S T A . 12 82 + 26 .76 5.38' RT +91.90 S=0.30% S=0.51% S=0.30% S=0.31% S=1.35% AVE CONGRESS £ SURVEY STA 278+96.84 £ SURVEY= STA 248+38.35 £ CONGRESS AVE STA 1279+08.84 £ CONST.= STA 248+65.96 £ CONGRESS AVE EXIST. R/W LINE EL=11.81' 37.00' LT +35.31 EL=11.75' 51.80' LT +63.90 EL=11.15' 66.60' LT +98.78 EL=11.98' 49.00' LT +70.43 EL=14.95' 49.00' LT +91.65 EL = 15 .59' 33 .00' LT + 40.23 AV E C ON G R E SS £ S U R V E Y EL = 11.86' 48.44' RT +31.91 12.48' RT +31.91 £ CONST. £ SURVEY AN D R E S U R F A C I NG L I M I T S O F M I LL I NG R E S U R F A C I NG M I LL I NG AN D L I M I T S O F TRAFFIC SEPARATOR WATE R BACK FLOW W ATER S A N WA TE R SD SD SDSD B ACK FL OW WATER TEL WA TE R WATE R B ACK FL OW S-4 S-16 S-18 OF 15" PIPE CONST. 28 LF OF 15" PIPE CONST. 12 LF OF 15" PIPE CONST. 22 LF S-17 BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD03.dgn2:01:55 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN 16 1284 1285 1286 1287 1288 284 285 286 287 288 CURVE DATA C33 PI STA. = 1288+68.07 T = 369.20 L = 733.11 R = 2,500.00 PCC STA.= 1284+98.86 PT STA. = 1292+31.97 CURVE DATA C2 PI STA. = 285+72.24 T = 597.67 L = 1,158.47 R = 1,910.08 PC STA. = 279+74.57 PT STA. = 291+33.04 e = NC e = NC e = NC CURVE DATA C32 PI STA. = 1282+26.76 T = 277.13 L = 549.23 R = 1,666.67 PC STA. = 1279+49.63 PCC STA.= 1284+98.86 1 "= 40 ' N CR-G CR-G CURVE C32 SR 806 (ATLANTIC AVE) M C N A B R O A D N W 18 T H A V E RR R/W LINE LA R/W LINE LA R/W LINE (TYPE F) CURB & GUTTER (TYPE F) CURB & GUTTER 6' CONCRETE SIDEWALK 6' CONCRETE SIDEWALK CURVE C33 PROP. R/W LINE LA R/W LINE LA R/W LINE TIRES PLUS CEMEX BREWERY SALTWATER LEGEND RESURFACING LIMITS MILLING AND WIDENING 36'R 25'R 24 ' 60.44' RT +79.58 56.81' RT +85.98 41.00' LT +68.92 94.58' LT +06.02 70.65' LT +04.19 41.00' LT +90.33 CURVE C2 R/W LINE 45.00' LT +22.46 45.00' LT +88.16 P I S T A . 2 8 5 + 7 2 .2 4 PCC STA. 1284+98.86 P I S T A . 1 2 88 + 6 8 .0 7 20'R S=1.35% S=1.90% S=2.42%S=1.04% 57.82' LT +14.49 99.83' LT +52.94 72.98' LT +69.85 PROP. R/W LINE EXIST. R/W LINE EL=15.59' 33.00' LT +40.23 EL=16.27' 33.00' LT +90.33 EL=16.95' 63.71' LT +14.49 EL=16.75' 58.78' LT +50.40 EL=17.65' 33.00' LT +68.92 EL=19.46' 33.00' LT +43.83 £ CONST. £ SURVEY AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING RESURFACING MILLING AND LIMITS OF RESURFACING MILLING AND LIMITS OF 35.35' LT +17.25 68.65' RT +00.01 71.39' RT +25.59 35.46' LT +41.99 EXIST. R/W LINE R/W LINE WATER SD SD SD WATER WATER TEL WATER WATER WATER TEL TEL TEL WATER TEL TEL S-5 S-6 OF 15" PIPE CONST. 17 LF OF 15" PIPE CONST. 4 LF BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD04.dgn2:01:57 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN 6 1 ' 36 ' 56 ' 3 3 ' 5 2 ' 7 3 ' 4 7 ' 15 17 1289 1290 1291 1292 289 290 291 292 293 294 CURVE DATA C33 PI STA. = 1288+68.07 T = 369.20 L = 733.11 R = 2,500.00 PCC STA.= 1284+98.86 PT STA. = 1292+31.97 CURVE DATA C2 PI STA. = 285+72.24 T = 597.67 L = 1,158.47 R = 1,910.08 PC STA. = 279+74.57 PT STA. = 291+33.04 e = NC e = NC 1 "= 4 0 ' N CURVE C33 SR 806 (ATLANTIC AVE) LA R/W LINE TYPE 1 (OPTION 2) 4' TRAFFIC SEPARATOR LEGEND RESURFACING LIMITS MILLING AND 98.46' LT +41.98 84.81' LT +35.15 6' CONCRETE SIDEWALK CR-D 98.12' LT +61.78 44.19' LT +16.72 43.12' LT +72.50 42.96' LT +22.38 42.71' LT +56.54 69.80' RT +54.30 92.40' RT +46.63 N89°32'38"E CURVE C2 P T S T A . 2 9 1 + 33 .04 P T S T A . 1 2 9 2 + 3 1 . 9 7 54 1 ' R (TYPE F) CURB & GUTTER (TYPE F) CURB & GUTTER CR-E AND CONCRETE EXISTING CURB REMOVE EL=17.49' 54.70' LT +32.33 EL=17.41' 43.93' LT +82.17 EL=16.73' 43.93' LT +44.46 EL=16.52' 43.93' LT +82.91 EQUATION: STA 1292+31.97 £ CONST. = STA 292+26.38 £ SURVEY, 14.93' LT 72.25' LT +44.43 AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING £ CONST. £ SURVEY AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING TRAFFIC SEPARATOR RESURFACINGMILLING AND LIMITS OF CONCRETE WATERWATER WATER SD WATER ELEC TEL WATER TEL WATER WATER WATER S-7 OF 15" PIPE CONST. 19 LF BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD05.dgn2:01:59 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN 3 6 ' 5 6 ' 4 7 ' 5 1 ' 6 1 ' 16 18 3 0 3 1 295 296 297 298 299 300 12 CURVE DATA 602 PI STA. = 12+01.07 T = 201.07 L = 338.68 R = 250.00 PC STA. = 10+00.00 PT STA. = 13+38.68 e = 0.05 1 "= 4 0 ' N CR-H CR-H SR 806 (ATLANTIC AVE) (TYPE F) CURB & GUTTER TYPE 1 (OPTION 2) 4' TRAFFIC SEPARATOR TYPE 1 (OPTION 2) 4' TRAFFIC SEPARATOR (TYPE F) CURB & GUTTER 6' CONCRETE SIDEWALK SIDEWALK 6' CONCRETE (TYPE F) CURB & GUTTER LEGEND RESURFACING LIMITS MILLING AND I - 9 5 I - 9 5 2'R 2'R 1 0'R 10'R 74.14' LT +42.98 69.62' LT +47.45 42.67' LT +37.89 43.93' LT +77.49 74.75' LT +81.93 74.75' LT +77.93 70.93' LT +74.1270.93' LT +48.27 74.30' LT +98.97 56.28' RT +78.37 55.86' RT +15.10 55.61' RT +54.41 N89°32'38"E CURVE 602 81.34' LT +93.25 £ ON RAMP I-95 S=1.08% S=0.30% EL=16.46' 66.31' LT +98.43 EL=16.91' 62.93' LT +47.99 EL=18.85' 61.67' LT +38.90 EL=18.35' 62.93' LT +81.93 STA 299+47.60 £ SURVEY = STA 30+00.00 £ ON RAMP I-95 I M P R O V E M E N T S ) T O R E V E A L S R 8 0 6 I -9 5 ( O V E R P A S S M A S K E D £ SURVEY AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING WIDENING TRAFFIC SEPARATOR 74.17' LT +38.98 AND RESURF. RAMP MILL. N 1 2 ° 2 9 ' 5 . 0 7 " W £ RAMP CURVE WATERWATER SD SD TEL TEL WATER S-8 S-9 S-10OF 15" PIPE CONST. 15 LF BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD06.dgn2:02:01 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN 5 1 ' 6 1 ' 4 6 ' 300 4 0 ' 17 MATCHLINE STA. 31+60.00 I-95 NB RAMP 19 300 301 302 303 304 305 10 1 1 CURVE DATA 602 PI STA. = 12+01.07 T = 201.07 L = 338.68 R = 250.00 PC STA. = 10+00.00 PT STA. = 13+38.68 e = 0.05 1 "= 4 0 ' N SR 806 (ATLANTIC AVE) TYPE 1 (OPTION 2) 4' TRAFFIC SEPARATOR (TYPE F) CURB & GUTTER 6' CONCRETE SIDEWALK LA R/W LINE LA R/W LINE CURB & GUTTER (TYPE F) WIDENING RESURFACING LIMITS MILLING AND LEGEND CR-D CR-A CURB & GUTTER (TYPE F) CURB & GUTTER (TYPE F) 39.74' LT +15.65 6' CONCRETE SIDEWALK 2'R 4'R 66.36' LT +45.63 69.09' LT +33.54 70.49' LT +35.43 54.95' RT +12.47 N89°32'38"E CURVE 602 R/W LINE R/W LINE S=0.30% 68.73' LT +64.98 S=0.50% EL=18.48' 60.90' LT +63.79 EL=17.32' 72.96' LT +36.15 EL=17.07' 68.65' LT +86.12 EL=15.69' 66.95' LT +62.79 AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING £ SURVEY TRAFFIC SEPARATOR 23.57' RT +57.46 24.21' RT +63.65 23.00' RT +82.52 23.00' RT +63.77 20.00' RT +03.20 STA 10+00.00 £ RAMP CURVE = STA 301+36.05 £ SURVEY, 57.96' LT P C S T A . 1 0 + 0 0 .0 0 £ RAMP CURVE AND RESURF. RAMP MILL. WATER WATER SD TEL S-11 S-12 S-13 OF 15" PIPE CONST. 3 LF OF 18" PIPE CONST. 104 LF BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD07.dgn2:02:03 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN 4 6 ' 300 4 0 ' 4 4 ' 5 1 ' 1 7 3 ' 1 7 3 ' 18 20 3 0 3 1 2 9 306 307 308 309 310 311 1 "= 4 0 ' N SR 806 (ATLANTIC AVE) N W 12 T H A V E S W 12 T H A V E N W 11 T H A V E S W 11 T H A V E (TYPE F) CURB & GUTTER MARKET COMMUNITY WIDENING RESURFACING LIMITS MILLING AND LEGEND SIDEWALK 5' CONCRETE CR-A GALLERY ART 87.18' LT +63.42 85.10' LT +39.57 61.89' LT +35.27 62.47' LT +43.90 74.51' LT +60.15 SIDEWALK 6' CONCRETE 90.22' LT +42.74 35'R 28'R 61.09' RT +79.25 56.72' RT +14.71 22.58' LT +96.29 52.46' LT +11.17 N89°32'38"E N89°32'38"E 33.87' LT +99.50 34.14' LT +71.96 33.97' RT +02.34 33.98' RT +73.31 R/W LINE R/W LINE R/W LINE R/W LINE R/W LINE R/W LINE S=0.50% S=2.34% EL=15.68' 52.33' LT +62.79 EL=14.81' 51.87' LT +38.20 EL=15.48' 22.00' LT +87.59 £ CONST. 12TH AVE. £ SURVEY AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING 52.99' LT +47.21 STA 306+96.51 £ SURVEY = STA 30+00.00 £ CONST. 12TH AVE WATER WATER WATER ELEC ELEC WATER WATER WATER WATER SD SD SD SD SD SD ELEC ELEC WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER S-14 OF 15" PIPE CONST. 18 LF S-15 BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD08.dgn2:02:06 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN 3 2 (TYPE F) GUTTER CURB & N W 12 T H A V E 25'R 25'R 1 6 ' 46.49' LT +69.62 12.11' LT +27.50 10.92' RT +27.50 EL=16.45' 22.00' LT +28.74EL=17.36' 46.69' LT +53.74 £ CONST. 12TH AVE. RESURFACING MILLING AND LIMITS OF 20.54' LT +89.23 SHOULDER 4 4 ' 5 1 ' 1 7 3 ' 1 7 3 ' 3 4 ' 3 6 ' 5 3 ' 5 3 ' 19 MATCHLINE STA. 31+20.00 MATCHLINE STA. 31+20.00 NW 12TH AVE. 21 312 313 1 "= 4 0 ' N SR 806 (ATLANTIC AVE) N W 10 T H A V E S W 10 T H A V E ATLANTIC MEATS RESURFACING LIMITS MILLING AND LEGEND N89°32'38"E R/W LINE R/W LINE R/W LINE R/W LINE 33.92' LT +34.33 33.79' RT +32.31 £ SURVEY AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING AND RESURFACING LIMITS OF MILLING STA 313+33.56 £ SURVEY END PROJECT WATER SD SD WATER WATER WATER WATER WATER BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD09.dgn2:02:08 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN 3 6 ' 3 4 ' 5 3 ' 5 3 ' 20 22 251 252 e = N C C U R V E D A T A C3 2 PI S T A. = 1 2 8 2 +2 6.7 6 T = 2 7 7.1 3 L = 5 4 9.2 3 R = 1,6 6 6.6 7 P C S T A. = 1 2 7 9 +4 9.6 3 P C C S T A. = 1 2 8 4 +9 8.8 6 S R 8 0 6 ( A T L A N TI C A V E) 6' C O N C R E T E SI D E W A L K S=0.30% S=1.08% EL=11.53' 66.60' LT +26.38 EL=12.07' 52.47' LT +76.38 78.60' LT +26.94 60.25' LT +90.83 AVE CONGRESS £ SURVEY E L = 1 1.8 6' 4 8.4 4' R T +3 1.9 1 W A T E R BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD10.dgn2:02:12 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN 1"=40' N NORTH CONGRESS AVE PROP. R/W LINE EXIST. R/W LINE (TYPE F) CURB & GUTTER 6' CONCRETE SIDEWALK WIDENING LEGEND STA 251+76.38 £ SURVEY END CONSTRUCTION RESURFACING LIMITS MILLING AND 246 247 SOUTH CONGRESS AVE CONGRESS AVE SOUTH 11.62' LT +96.39 60.41' RT +96.39 15.78' LT +29.34 52.77' LT +29.34 AND RESURFACING LIMITS OF MILLING RESURFACING MILLING AND LIMITS OF AVE CONGRESS £ SURVEY W A T E R 21 M A T C H L I N E S T A . 2 5 0 + 6 0 .0 0 C O N G R E S S A V E . M A T C H LI N E S T A. 2 4 7 + 2 0.0 0 C O N G R E S S A V E. 23 32 33 34 35 36 37 13 CURVE DATA 602 PI STA. = 12+01.07 T = 201.07 L = 338.68 R = 250.00 PC STA. = 10+00.00 PT STA. = 13+38.68 e = 0.05 CURB & GUTTER (TYPE F) 5'R CURVE 602 P T S T A . 1 3 + 3 8 . 6 8 £ ON RAMP I-95 INDEX 400 GUARDRAIL SHOULDER GUTTER 0.00' RT +70.92 9.83' LT +72.16 1 5 ' 20.00' RT +86.77 12.00' RT +11.60 15.00' RT +61.60 STA 13+38.68 £ RAMP CURVE = STA 32+61.60 £ ON RAMP I-95 RESURFACING MILLING AND LIMITS OF RAMP N12°29'5.07"W 28.36' RT +49.26 BEGIN GUARDRAIL 20.00' RT +99.40 BEGIN SHOULDER GUTTER 31.93' RT +39.26 E L E C E L E C S-19 S-19A OF 18" PIPE CONST. 37 LF BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD11.dgn2:02:14 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN 1"=40 ' N WIDENING LEGEND 22 M A T C H L I N E S T A . 3 1 + 6 0 .0 0 I - 9 5 N B R A M P 24 38 39 40 41 42 £ ON RAMP I-95 SHOULDER GUTTER INDEX 400 GUARDRAIL 20.00' RT +55.36 19.48' RT +24.78 RESURFACING MILLING AND LIMITS OF RAMP N12°29'5.07"W 20.00' RT +11.60 12.00' RT +11.60 S-20 S-21 S-20A S-21AOF 18" PIPE CONST. 25 LF OF 18" PIPE CONST. 21 LF BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD12.dgn2:02:16 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN WIDENING LEGEND 1"=40 ' N 23 25 43 44 45 £ ON RAMP I-95 INDEX 400 GUARDRAIL SHOULDER GUTTER STA 44+13.20 £ CONST. END CONSTRUCTION 25.84' LT +13.20 RESURFACING MILLING AND LIMITS OF RAMP N12°29'5.07"W 0.00' RT +11.60 10.66' RT +13.20 END GUARDRAIL8.00' RT +11.76 END SHOULDER GUTTER BRUNO J. FIORI, P.E. 4010 BOY SCOUT BLVD, STE 300 P.E. LICENSE NUMBER 49150 AECOM TECHNICAL SERVICES, INC. TAMPA, FLORIDA 33607 CERTIFICATE OF AUTHORIZATION NO. 8115 4/30/2015lloyda H:\f01\D4_SR806\900-CAD-GIS\43472215201\roadway\PLANRD13.dgn2:02:18 PM 434722-1-52-01 PALM BEACH 806 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLAN WIDENING RESURFACING LIMITS MILLING AND LEGEND 1"=40 ' N 24 26 Sr. Vice President 11/22/2016 x City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-415,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Chief Neal de Jesus, Interim City Manager DATE:June 6, 2017 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR FY 2016-2017 Recommended Action: Motion to Approve the Second Amendment to the Interlocal Agreement (ILA) between the City and the Community Redevelopment Agency (CRA) for funding of construction and professional services to revise the funding amounts for projects approved in the CRA's final FY 2016-2017 Budget Amendment. Background: On November 1, 2016, the CRA adopted their FY 2016 - 2017 Budget and approved the Original Agreement with the City for funding for construction/professional services for projects within the CRA area. Per the agreement, funds for each project are transferred to the City at the time that a contract is awarded or a service authorization (consultant agreement) is approved. On March 3, 2017 the CRA approved the First Amendment to the original Interlocal Agreement (ILA) between the City and the CRA for funding of construction and professional services to provide for changes in the amount of funding for projects listed in Exhibit "A" in the agreement. The City of Delray Beach and the CRA desire to enter into a second Amendment to the Original Agreement in order to amend Exhibit "A" to the Original Agreement, to provide for change in the amount of funding for the Old School Square Field House Building project listed on Exhibit "A" to the Original Agreement. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from the Community Redevelopment Agency through multiple accounts. Timing of Request: Immediate implementation of the Old School Square Fieldhouse Project is a high priority to ensure a City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-415,Version:1 continued level of service for the facility. City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-461,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Neal de Jesus, Interim City Manager DATE:June 6, 2017 REJECT ALL RESPONSES TO RFP NO. 2017-003 BICYCLE SHARING PROGRAM Recommended Action: Motion to Reject all proposals received in response to RFP No. 2017-003 Bicycle Sharing Program. Background: On September 15,2016,a Request for Proposals for Bicycle Sharing Program was advertised (RFP No.2017-003).Two proposals were received in response to the solicitation.During negotiations,it was determined by staff that terms of the solicitation were not conducive to reaching an agreement for a viable program.Staff recommends rejecting all responses so that program options and terms can be re-evaluated. This recommendation complies with the City Code of Ordinances, Chapter 36, Section 36.02(A)(4), " City's Reservation of Rights". City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-462,Version:1 TO:Mayor and Commissioners FROM:Suzanne Fisher, Parks and Recreation Director THROUGH:Neal de Jesus, Interim City Manager DATE:June 6, 2017 APPROVAL TO INCREASE APPROVED SPENDING LIMIT WITH TESCO SOUTH, INCORPORATED DBA HECTOR TURF IN AN AMOUNT NOT-TO-EXCEED $40,000 FOR FISCAL YEAR 2017 Recommended Action: Motion to Approve a spending limit increase for Fiscal Year 2017 with Tesco South, Incorporated DBA Hector Turf for purchases of turf equipment and replacement parts in an amount not-to-exceed $40,000 for fiscal year 2017. Background: Tesco South,Incorporated DBA Hector Turf (Hector Turf)is a local distributor for a broad selection of outdoor power and irrigation equipment utilized by the City to maintain turf of City-owned properties such as parks and City buildings.In addition,the Parks and Recreation Department often buys replacement parts for lawn mowers and other turf equipment from Hector Turf.Hector Turf often offers the lowest prices to the City for replacement parts due to their close relationships with manufacturers such as Toro and Club Car.To date in this fiscal year,the City has spent $23,633.44 with Hector Turf.It is anticipated that the City will need to purchase additional parts for approximately $15,000 over the next few months,which will exceed the approved amount.Therefore an approval to increase the spending limit by $15,000 for a not-to-exceed amount of $40,000 for FY 2017 is requested. Previous fiscal year total expenditure amounts with Hector Turf are as follows: Fiscal Year 2015 - $27,392.57 Fiscal Year 2016 - $38,789.32 This recommendation complies with the City Code of Ordinances, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year" . City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is provided in various operating accounts in the approved FY 2017 budget. City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-462,Version:1 City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-463,Version:1 TO:Mayor and Commissioners FROM:Suzanne Fisher, Parks and Recreation Director THROUGH:Neal de Jesus, Interim City Manager DATE:June 6, 2017 APPROVAL TO INCREASE APPROVED SPENDING LIMIT WITH ODUMS SOD,INC.IN AN AMOUNT NOT-TO-EXCEED $45,000 FOR FISCAL YEAR 2017 Recommended Action: Motion to Approve a spending limit increase for Fiscal Year 2017 with Odums Sod, Inc. for purchases of sod and sod related items in an amount not-to-exceed $45,000 for fiscal year 2017. Background: Odums Sod frequently provides the lowest quotes for sod and other lawn maintenance products.To date in this fiscal year,the City has spent $21,220.00 with Odums Sod.It is anticipated that the City will need to purchase additional sod and other lawn maintenance products for approximately $20,000 over the next few months,which will exceed the approved amount.Purchases will be used in various city parks and at the golf courses.Therefore an approval to increase the spending limit by $20,000 for a not-to-exceed amount of $45,000 for FY 2017 is requested.Previous fiscal year total expenditure amounts for sod are as follows: Fiscal Year 2015 - $36,376.00 Fiscal Year 2016 - $45,940.00 This recommendation complies with the City Code of Ordinances, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year" . City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is provided in various operating accounts in the approved FY 2017 budget. 001-4131-572-46-90 (General Fund: Other Repair/Maintenance Costs) 001-4131-572-52-26 (General Fund: Gardening Supplies) 445-4614-572-52-26 (Delray Beach Municipal Golf Course Fund: Gardening Supplies) 446-4716-572-52-26 (Lakeview Golf Course Fund: Gardening Supplies) City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-397,Version:1 TO: Mayor and Commissioners FROM: Jeffrey S. Goldman, Police Chief THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 GRANT APPLICATION/DEPARTMENT OF JUSTICE BULLETPROOF VEST PARTNERSHIP Recommended Action: Motion to Approve application to the Department of Justice's Bulletproof Vest Partnership program. If approved, this initiative would provide for the 50% of the cost of the bulletproof vest purchased for our Police officers, up to the requested amount of $17,640.00. Background: The Delray Beach Police Department requests approval to submit an application to the Department of Justice's Bulletproof Vest Partnership program. If awarded, this program would provide 50% of the cost of the bulletproof vests purchased for our Police officers. The Delray Beach Police Department currently has a Bulletproof Vest award with the Department of Justice and this application represent an opportunity to extend our current award program. Bulletproof vests are necessary life-saving equipment which Law Enforcement Agencies are required to procure. According to the DOJ website, "The Bulletproof Vest Partnership (BVP) is unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement. "The Department is projecting about forty vest purchases in the next fiscal year at an approximate cost of $882.00 per vest. The total request from the Bulletproof Vest Program is estimated at $17,640 based on the total estimated purchase for the next fiscal year. ($882.00 x 40 = $35,280 / 50% = $17,640.00.) City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding for the bulletproof vests for FY 17/18 will be included in account numbers 001-2115-521- 52.27 (General Fund: Operations -Equipment <$5,000) and 001-2111-521-52.27 (General Fund: Support-Equipment<$5,000). Timing of Request: This request is time sensitive due to the program application deadline of June 28, 2017. City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-397,Version:1 City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ Listed below is each of the vests which you included in your application. You may view, change or delete the information shown for each type of vests listed by clicking on its 'Model Name'. To add more vests to your application, please select the "Add Vests To Application" button. If all information is correct, please select the "Proceed To Submit Application" button to continue with the application process. APPLICATION PROFILE Participant DELRAY BEACH CITY Fiscal Year 2017 Number of Agencies Applied 1 Total Number of Officers for Application 158 Number of Officers on Approved Applications 158 APPLICATION PROFILE Fiscal Year 2017 Vest Replacement Cycle 5 Application Profile Application NIJ Approved Vests Submit Application Page 1 of 2Jurisdiction's Handbook 5/23/2017https://grants.ojp.usdoj.gov/bvp/vests/roles/apps/editorder.jsp?isReceipt=N Number of Officers 158 Number of Emergency Replacement Needs Number of Stolen or Damaged 1 Number of Officer Turnover 0 VIEW/UPDATE APPLICATION Vests for 2017 Regular Fund Model Name Quantity Specification Gender Unit Price Total Cost  AXIIF 5 II F $882.00 $4,410.00 AXII 35 II M $882.00 $30,870.00  Grand Totals 40 $35,280.00 PROCEED TO SUBMIT APPLICATION ADD VESTS TO APPLICATION Page 2 of 2Jurisdiction's Handbook 5/23/2017https://grants.ojp.usdoj.gov/bvp/vests/roles/apps/editorder.jsp?isReceipt=N City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-496,Version:1 TRAUMA AWARENESS PROCLAMATION City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ WHEREAS,our county’s current trauma care system began over 25 years ago, with the formation of Palm Beach County’s trauma care system, which is considered a model for the state and nation; and WHEREAS,prior to establishing the Health Care District, the mortality rate for a patient severely injured in Palm Beach County was above 50% and we now have a 97% survival rate for preventable deaths, despite having some of the highest Injury Severity Scores; and WHEREAS,Palm Beach County currently has two of the most active and successful Level 1 trauma centers in the State of Florida, located at St. Mary’s Medical Center and Delray Beach Medical Center, which combined have over 3,000 trauma activations admitted every year; and WHEREAS,trauma centers have highly skilled, board certified surgeons specially trained to handle emergencies, and highly trained support staff skilled to handle the most life- threatening injuries 24 hours a day, 365 days a year; and WHEREAS,we seek to raise awareness about our county’s current trauma system and recognize the importance of maintaining Level 1 trauma care in Palm Beach County. NOW, THEREFORE, I, CARY D. GLICKSTEIN,Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize: Trauma Awareness Month in Delray Beach, Florida and ask that each citizen show their appreciation for all the physicians, paramedics, nurses, administrators, and support personnel who serve the City of Delray Beach. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Delray Beach to be affixed this 6th day of June, 2017. CARY D. GLICKSTEIN MAYOR City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-466,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 REPORT OF APPEALABLE LAND USE ITEMS FROM APRIL 24,2017 THROUGH MAY 5, 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.DUMPSTER ENCLOSURE ART, 135 East Atlantic Avenue Request:Class I Site Plan Modification for as-built architectural elevation changes (mural) on a dumpster. Board Action:Approved the Class I Site Plan Modification with conditions 4 to 0 (Laura Sullivan and Roger Cope absent). ITEM B.McDONALD’S, 1220 Linton Boulevard Request:Class II Site Plan Modification involving ADA improvements and minor City of Delray Beach Printed on 5/30/2017Page 1 of 3 powered by Legistar™ File #:17-466,Version:1 architectural changes. Board Action:Approved the Class II Site Plan Modification,Landscape Plan and Architectural Elevation Plan with conditions on a 4 to 0 vote (Laura Sullivan and Roger Cope absent). ITEM C.ABBEY DELRAY, 2000 Lowson Boulevard Request:Class IV Site Plan,Landscape Plan and Architectural Elevation Plan associated with the renovation and expansion of an existing building to add 48 assisted living units and 30 memory care units, parking lot reconfiguration, and landscaping modifications. Board Action:Approved the Class IV Site Plan,Landscape Plan and Architectural Elevation Plan with conditions on a 4 to 0 vote (Laura Sullivan and Roger Cope absent). ITEM D.LISA BUILDING, 47 SE 5th Avenue Request:Class V Site Plan,Landscape Plan and Architectural Elevation Plan to demolish an existing building and construct a new one-story retail building with 7,249 sq.ft. with a waiver request to reduce the landscape terminal island in the parking area from nine feet to one foot. Board Action:Approved the Class V Site Plan,Landscape Plan and Architectural Elevation Plan with conditions on a 4 to 0 vote (Laura Sullivan and Roger Cope absent). The waiver was approved on a 4 to 0 vote. HISTORIC PRESERVATION BOARD ITEM E.51 NORTH SWINTON AVENUE, Old School Square Historic District Request:Certificate of Appropriateness for alterations for entrance doors to the Cornell Museum (fka Delray Elementary School) at the Old School Square complex. Board Action:Approved the Certificate of Appropriateness on a 6 to 1 vote (Andrea Harden dissenting). ITEM F.127 SE 7th AVENUE,Old School Square Historic District Request:Certificate of Appropriateness for alterations to the existing 4-unit apartment building for the installation of new windows, exterior doors and a color change. Board Action: Approved the Certificate of Appropriateness on a 7 to 0 vote. ITEM G.799 NE 2nd AVENUE, Del-Ida Park Historic District Request:Certificate of Appropriateness for a landscape and hardscape plan. Board Action: Approved the Certificate of Appropriateness on a 7 to 0 vote. ITEM H.219 SE 7th AVENUE, Marina Historic District Request:Class II Site Plan Modification for the installation of columns,fencing and gates,a waiver to increase the maximum height of the proposed columns and fence associated with the proposed site plan and landscape plan. Board Action:Approved the Certificate of Appropriateness,the Class II Site Plan Modification, Landscape Plan and Waiver on a 7 to 0 vote. City Attorney Review: City of Delray Beach Printed on 5/30/2017Page 2 of 3 powered by Legistar™ File #:17-466,Version:1 Finance Department Review: N/A Funding Source:N/A Timing of Request: Action must be taken by the City Commission at the next available meeting following the Board’s actions. Attachments: Location Map Dumpster Art Enclosure McDonald’s Abbey Delray Lisa Building 51 North Swinton Avenue 127 SE 7th Avenue 799 NE 2nd Avenue 219 SE 7th Avenue City of Delray Beach Printed on 5/30/2017Page 3 of 3 powered by Legistar™ A C B DE F G H I - 9 5 S M i l i t a r y T r l Lake Ida Rd W Linton Blvd 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 Lowson Blvd N S w i n t o n A v e N E 2 n d A v e O l d D i x i e H w y S F e d e r a l H w y SW 10th St S W 8 t h A v e H o m e w o o d B l v d N C o n g r e s s A v e N E 5 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 L i n d e l l B l v d N F e d e r a l H w y N O c e a n B l v d Old Germantown Rd E Atlantic Ave George Bush Blvd E Linton Blvd N W 8 t h A v e N W 4 t h A v e S O c e a n B l v d I - 9 5 I - 9 5 I -9 5 I - 9 5 I -9 5 I-95 I -9 5 I -9 5I - 9 5 PLANNING, ZONING&BUILDING DEPARTMENT CITY COMMISSION MEETING APPEALABLE ITEMSJUNE 6, 2017 Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\City Commission Maps\City Commission Map 6-6-17.mxdDate: 5/10/2017 SPRAB:A. DUMPSTER ART ENCLOSUREB. MCDONALD'SC. ABBEY DELRAYD. LISA BUILDING HPB:E. 51 N. SWINTON AVENUEF. 127 SE 7TH AVENUEG. 799 NE 2ND AVENUEH. 219 SE 7TH AVENUE Planning, Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Mural Project Location: 135 E. Atlantic Avenue Request: Class I Site Plan Modification Board: Site Plan Review and Appearance Board Meeting Date: April 26, 2017 Board Action: Approved (4-0, Roger Cope and Laura Sullivan absent) for a Class I Site Plan Modification associated with architectural elevations involving a mural with the condition that the third side of the enclosure resemble the current mural. Project Description: The subject property is located on the northwest corner of East Atlantic Avenue and Pineapple Grove Way (NE 2nd Avenue) in the Central Business District (CBD) and contains 0.30 acre. The building was constructed in 1912. The mural is in the rear of the building on the dumpster enclosure. The mural is a scene with a dog and cat posed as astronauts, with a piece of pizza, palm trees and asteroid flying through the air with a message from the astronauts that says “greetings earthling”. It should be noted that this is not considered signage as it is not advertising a business. There are several colors that are used in the mural with a predominant black and purple background. Staff Recommendation: Approval Board Comments: none Public Comments: none Associated Actions: On January 12, 2017, the applicant presented the item to the Pineapple Grove Main Street Advisory Board which was approved. On March 13, 2017, the item was presented to the Downtown Development Authority which approved it unanimously. 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: April 26, 2017 ITEM: Class I Site Plan Modification (2017-089) associated with architectural elevation changes for a mural located at 135 E. Atlantic Avenue. RECOMMENDATION: Approval GENERAL DATA: Applicant........................ Ryan Boylston Owner/Agent…………… Liberty Warehouse Association Location......................... 135 East Atlantic Avenue – Northwest corner of East Atlantic Avenue and Pineapple Grove Way (NE 2nd Avenue) Property Size................. 0.30 Acres Future Land Use Map.... CC (Commercial Core) **Insert Location Map Current Zoning………… CBD (Central Business District) Adjacent Zoning....North: CBD (Central Business District) East: CBD (Central Business District) South: CBD (Central Business District) West: CBD (Central Business District) . ITEM BEFORE THE BOARD The item before the Board is approval of architectural elevation changes associated with a Class I Site Plan Modification pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(a). BACKGROUND/PROPOSAL The subject property is located on the northwest corner of East Atlantic Avenue and Pineapple Grove Way (NE 2nd Avenue) in the Central Business District (CBD) and contains 0.30 acre. The building was constructed in 1912 and was recently approved for a Class I Site plan modification on September 28, 2016 which included architectural elevation changes of new storefront windows, painting and the addition of awnings. The item before the Board is a Class I Site Plan Modification associated with architectural elevation changes of a mural located on the dumpster enclosure in the rear of the building. 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 scene with a dog and cat posed as astronauts, with a piece of pizza, palm trees and asteroid flying through the air with a message from the astronauts that says “greetings earthling”. It should be noted that this is not considered signage as it is not advertising a business. There are several colors that are used in the mural with a predominant black and purple background. 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). SPRAB Staff Report : Meeting date April 26, 2017 (Mural) – Class I Site Plan Modification (2017-089) Page 2 REVIEW BY OTHERS On January 12, 2017, the applicant presented the item to the Pineapple Grove Main Street Advisory Board which was approved. On March 13, 2017, the item was presented to the Downtown Development Authority which approved it unanimously. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the request for a Class I site plan modification for elevation changes for a mural located at 135 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 a mural located at 135 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 a mural located at 135 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 NE 1st St SE 1st St S E 1 s t A v e S E 4 t h A v e E Atlantic Ave S E 3 r d A v e S E 2 n d A v e N E 1 s t A v e N E 4 t h A v e N E 2 n d A v e S W 1 s t A v e R a i l r o a d A v e S S w i n t o n A v e N S w i n t o n A v e N E 3 r d A v e SW 1st St NW 1st St P u g l i e s e s W a y W Atlantic Ave N Coda Cir PLANNING & ZONINGDEPARTMENT 135 E. Atlantic Avenue LOCATION MAP Subject PropertyN Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\135 E. Atlantic Avenue.mxd DUMPSTER ENCLOSURE LOCATION - (EAST AND SOUTH FACING WALLS) Planning, Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: McDonalds Project Location: 1220 Linton Blvd Request: Class II Site Plan Modification Board: Site Plan Review and Appearance Board Meeting Date: April 26, 2017 Board Action: Approved (4-0, Roger Cope and Laura Sullivan absent) a Class II site plan modification for McDonalds Restaurant located at 1220 Linton Blvd., including landscape plans with the condition that the tree being removed to accommodate the ramp be replaced and architectural elevation changes. Project Description: The subject property is located on the southeast corner of Linton Blvd. and Waterford Place in front of the Delray Crossing Shopping Plaza and is zoned Planned Commercial (PC). The subject parcel consists of 1.4 acres and contains a 5,011 sq. ft. building which was constructed in 1990 as a food franchise with a drive thru window for McDonalds. The development proposal consists of the following: Restripe of the parking spaces adjacent to the main entrance to accommodate an additional handicap space; addition of an accessible ramp; addition two new parallel spaces; addition of a service/delivery ramp; new concrete pavers and a change in sidewalk to concrete from pavers; new decorative railing on the south and west elevations; removal of existing columns on the south and west elevations; exterior color changes; new exterior window assembly and drive-thru window; and minor landscaping throughout site. Staff Recommendation: Approval with the recommendation that the removal of the tree to accommodate the ramp be replaced. Board Comments: none Public Comments: none Associated Actions: 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: April 26, 2017 ITEM: McDonald’s Restaurant (2016-198) – Approval of a Class II Site Plan Modification involving ADA improvements and minor architectural changes RECOMMENDATION: Approve with the recommendation to replace the tree they are removing. GENERAL DATA: Owner......................................... McDonald’s USA, LLC Applicant..................................... CPH, Inc. Agent.......................................... Jason James Address…………………………… 1220 Linton Blvd. Location...................................... South east corner of Linton Blvd. and Waterford Place in the in front of Delray Crossing Shopping Plaza Site Area…............................... 1.4 acres Future Land Use Map............... GC (General Commercial) Current Zoning............................ PC (Planned Commercial) Adjacent Zoning................North: AC (Automotive Commercial) East: PC South: PC West: PC ITEM BEFORE THE BOARD The item before the Board is a Class II Site Plan Modification for McDonald’s Restaurant (2016-198), pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(b BACKGROUND ANALYSIS The subject property is located on the southeast corner of Linton Blvd. and Waterford Place in front of the Delray Crossing Shopping Plaza and is zoned Planned Commercial (PC). The subject parcel consists of 1.4 acres and contains a 5,011 sq. ft. building which was constructed in 1990 as a food franchise with a drive thru window for McDonalds. In 2003, a Class I Site Plan Modification was approved for the installation of a vinyl awning over the existing patio/playground with new playground equipment. PROJECT DESCRIPTION The development proposal consists of the following: • Restripe of the parking spaces adjacent to the main entrance to accommodate an additional handicap space; • Addition of an accessible ramp; • Addition two new parallel spaces; • Addition of a service/delivery ramp; • New concrete pavers and a change in sidewalk to concrete from pavers; • New decorative railing on the south and west elevations; • Removal of existing columns on the south and west elevations; • Exterior color changes • New exterior window assembly and drive-thru window; and, • Minor landscaping throughout site. SITE PLAN MODIFICATION ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Chapter 4.6 Supplementary District Regulations: SPRAB Staff Report of April 26, 2017 (2016-198) McDonald’s Restaurant - Class II Site Plan Modification Page 2 of 4 Parking Pursuant to LDR Section 4.6.9(C)(3)(e), parking shall be provided at a rate of 12 spaces per 1,000 sq. ft. of gross floor area up to 6,000 sq. ft. for restaurants. The 5,011 sq. ft. restaurant requires 60 spaces; and 54 parking spaces exist on site. The current proposal includes replacing one regular space with a handicap space at the main entrance, and adding two parallel spaces on the west side. Therefore, the existing nonconformity is being decreased by increasing the provided parking. LANDSCAPE ANALYSIS A landscape plan has been submitted, evaluated and recommended for approval by the City Senior Landscape Planner. The applicant is proposing to remove one tree on site that is in front of the proposed delivery ramp. The site is not required to come into compliance with the entire site. Pursuant to LDR section 4.6.16(B)(4) any modification to existing development which results in an increase of 25% in the gross floor area of the structure or structures, situated on the site, the entire site shall be upgraded to present landscape standards. The remainder of the landscaping is minor ground covering that will be concentrated around the building which includes (26) Variegated Blueberry Flax, (38) Dwarf Schefflera and (25) Burford Holly and St. Augustine Sod. While not required, staff recommends that the applicant replace the removed tree in another landscape island. 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 changes include an accessible handicap ramp as well as a service delivery door on the south elevation where the main entrance exists. The paver sidewalk will also be removed and replaced with a concrete sidewalk. Decorative aluminum railings per McDonald’s specifications will be added on the south elevation on the handicap accessible ramp as well as on the west elevation around the playground/patio area. A minimum of 5% of the patio tables on the outdoor seating area will be handicap accessible and new proposed concrete pavers per McDonald’s specifications will be installed. A new stucco finish will be added with the cornice painted White Sand (OC-10) with a new metal coping, the building base is Storm Cloud Gray (BM 2140-40) and the building accent is Iron SPRAB Staff Report of April 26, 2017 (2016-198) McDonald’s Restaurant - Class II Site Plan Modification Page 3 of 4 Mountain #2134-30. A new exterior window assembly high impact tempered glass will be replaced on the north, south and west elevations and a new drive-thru window will be replaced on the north elevation. The proposed architectural modifications are in good design and taste. The new ADA changes will accommodate more efficient access to the building for their patrons and will not adversely affect the surrounding area or 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 II Site Plan Modification, architectural elevations, and landscape plan for McDonald’s (2016-198) located at 1220 Linton Blvd. by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(1)(b) and 4.6.18(E). C. Deny the Class II Site Plan Modification, architectural elevations and landscape plan for McDonald’s (2016-198) located at 1220 Linton Blvd., by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G)(1)(b) and 4.6.18(E). RECOMMENDATION By Separate Motions: Site Plan Modification: Approve the Class II Site Plan Modification for McDonald’s (2016-198) located at 1220 Linton Blvd, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Land Development Regulations set forth in sections 2.4.5(G)(1)(b). Architectural Elevations: Approve the architectural elevations for McDonald’s (2016-198) located at 1220 Linton Blvd., by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in LDR Section 4.6.18(E). Landscape Plan: Approve the landscape plan for McDonald’s (2016-198) located at 1220 Linton Blvd., by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in LDR Section 4.6.16 with the recommendation that the one tree that is removed to accommodate the ramp be replaced somewhere else on site. Report Prepared By: Jennifer Buce, Assistant Planner Attachments: Survey; Site Plan; Location Map; Architectural Elevations PLANNING & ZONINGDEPARTMENT N W a l l a c e D r S W 8 t h A v e Z e d e r A v e Georgia St W Linton Blvd Milfred St E gret Cir A l t a M e a d o w s L n Benjamin Ave L a v e r s Cir I-95 Ella St L i m e L n T a n g e l o T e r Douglas Ave Bessie St Poinsettia Dr G w e n z e l l A v e Southridge Rd Lindell Blvd W a t e r f o r d P l Su n d y A v e S W 1 0 t h A v e McDonalds LOCATION MAP Subject Property Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\McDonalds_1220 W. Linton Blvd.mxd 1220 West Linton Blvd. R STORE No. 009-1060 SITE IMPROVEMENT PLAN 1220 WEST LINTON BOULEVARD DELRAY BEACH, FLORIDA PARCEL ID# 12-43-46-29-33-002-0000 LINTON MRP N SITE LOCATION VICINITY MAP 1" = 200' N CPH, INC. 2216 ALTAMONT AVENUE FORT MYERS, FLORIDA 33901 ATTN.: JOSHUA D. LOCKHART, P.E., LEED AP PHONE: (239) 332-5499 CPH, INC. 500 WEST FULTON STREET SANFORD, FLORIDA 32771 ATTN.: JOHN A. BAER, AIA, NCARB, LEED AP PHONE: (407) 322-6841 ARCHITECT ARCHITECT CPH, INC. 500 WEST FULTON STREET SANFORD, FLORIDA 32771 ATTN.: MAXWELL D. SPANN, RLA PHONE: (407) 322-6841 LANDSCAPE C-1 COVER SHEET C-2 BOUNDARY & TOPOGRAPHIC SURVEY (COVER SHEET) C-2A BOUNDARY & TOPOGRAPHIC SURVEY C-3 SITE PLAN C-4 GRADING AND EROSION AND SEDIMENTATION CONTROL PLAN C-5 GENERAL DETAILS CPH, INC. 500 WEST FULTON STREET SANFORD, FLORIDA 32771 ATTN.: PAUL J. KATREK, PSM PHONE: (407) 322-6841 CITY OF DELRAY BEACH PLANNING AND ZONING 100 NORTH WEST 1st AVENUE DELRAY BEACH, FLORIDA 33444 ATTN.: REVIEWER PHONE: (561) 243-7041 SURVEYOR PERMITTING AGENCIES THE PURPOSE OF THIS PROJECT IS TO UPDATE THE BUILDING, AND BRING THE SITE INTO ADA COMPLIANCE. INDEX OF SHEETS GENERAL STATEMENT OWNER/DEVELOPER ENGINEER *NOTICE* THE SIZE OF THESE PLANS MAY HAVE BEEN SLIGHTLY ALTERED BY REPRODUCTION PROCESSES, THIS MUST BE CONSIDERED WHEN SCALING ANY REPRODUCED PLANS FOR THE PURPOSE OF COLLECTING DATA. PALM BEACH COUNTY, FLORIDA SECTION 20-TOWNSHIP 46 SOUTH-RANGE 43 EAST LOCATION MAP 1" = 2,000' R CO V E R S H E E T 7 6 AS S H O W N 5 4 3 2 1 By Re v i s i o n 2 0 1 7 C C-1 Sheet No. Da t e : Jo b N o . : Sc a l e : No . Da t e Ch e c k e d b y : Ap p r o v e d b y : De s i g n e d b y : Dr a w n b y : J: \ M 2 9 9 0 7 . M R P \ C i v i l \ D W G \ D e s i g n \ 1 - M 2 9 9 0 7 . M R P - C O V E R S H E E T . D W G J a n 2 4 , 2 0 1 7 - 8 : 5 4 a m j m o r a l e s www.sunshine811.com SITE LOCATION McDONALD'S USA, LLC 10150 HIGHLAND MANOR DR., SUITE 470 TAMPA, FLORIDA 33610 ATTN.: ROSANGELA DEMELLO. PHONE: (954) 224-1174 www.cphcorp.com Architects Engineers Environmental Landscape Architects M / E / P Planners Structural Surveyors Traffic / Transportation Offices in: ·Florida ·Puerto Rico ·Connecticut ·Maryland A Full Service A & E Firm 1992 SW 1st. St. Miami, FL 33135 Ph: 305.274.4805 Licenses: Eng. C.O.A. No. 3215 Survey L.B. No. 7143 Arch. Lic. No. AA2600926 Lndscp. Lic. No. LC0000298 CPH, Inc. Plans Prepared By: LI N T O N M R P CI T Y O F D E L R A Y B E A C H / F L O R I D A CODE: 009-1060 McDONALD'S PROJECT Ma r . 2 0 1 6 M2 9 9 0 7 . M R P JD H JD H RM M JD L JO S H U A D . L O C K H A R T , P . E 74 0 1 1 JD L Pe r C i t y C o m m e n t s 10 / 2 4 / 1 6 JD L Pe r C i t y C o m m e n t s 01 / 2 4 / 1 7 12 T I T L E B L O C K A B B R E V I A T I O N S E n g . = E N G I N E E R I N G L . B . = L I C E N S E D B U S I N E S S C . O . A . = C E R T I F I C A T E O F A U T H O R I Z A T I O N A r c h . = A R C H I T E C T U R A L L a n d s c p . = L A N D S C A P E N / A = N O T A P P L I C A B L E L i c . = L I C E N S E D N o . = N U M B E R P . O . = P O S T O F F I C E © = C O P Y R I G H T I n d e x o f S h e e t s S u r v e y o r ' s C e r t i f i c a t i o n : B O U N D A R Y & T O P O G R A P H I C S U R V E Y F O R L / C 0 0 9 - 1 0 6 0 A T 1 2 2 0 W L I N T O N B L V D , D E L R A Y B E A C H L Y I N G I N S E C T I O N 2 9 - T O W N S H I P 4 6 S O U T H - R A N G E 4 3 E A S T P A L M B E A C H C O U N T Y , F L O R I D A V I C I N I T Y M A P S I T E R e f e r e n c e M a t e r i a l P a r k i n g T a b l e 1 BOUNDARY & TOPOGRAPHIC SURVEY ByRevisionDateNo. Field Crew: Drawn by: Checked by: Approved by: Scale: Date: Job No.: File: N/A 5 0 0 W e s t F u l t o n S t . S a n f o r d , F l . 3 2 7 7 1 P h : 4 0 7 . 3 2 2 . 6 8 4 1 L i c e n s e s : E n g . C . O . A . N o . 3 2 1 5 S u r v e y L . B . N o . 7 1 4 3 A r c h . L i c . N o . A A 2 6 0 0 9 2 6 L n d s c p . L i c . N o . L C 0 0 0 0 2 9 8 C P H , I n c . A r c h i t e c t s E n g i n e e r s L a n d s c a p e A r c h i t e c t s M / E / P P l a n n e r s S t r u c t u r a l S u r v e y o r s T r a f f i c / T r a n s p o r t a t i o n D e v e l o p m e n t C o o r d i n a t i o n O f f i c e s i n : · F l o r i d a · P u e r t o R i c o · C o n n e c t i c u t · M a r y l a n d · T e x a s 2016C N O T E : L.S. J.A.B. R.L.R. P.J.K. 1/24/16 M29907.MRP M29907.MRP.dwg SITE N o f 2 Abbreviation Legend: S u r v e y N o t e s : “ ” L e g a l D e s c r i p t i o n : C - 2 N 8 7 ° 2 1 ' 5 0 " E 1 4 5 . 1 3 ' N 8 8 ° 4 9 ' 1 5 " W 3 2 . 2 4 ' N 0 3 ° 0 0 ' 1 4 " W 1 6 5 . 0 0 ' N 8 6 ° 5 9 ' 4 6 " E 2 4 . 0 0 ' N 0 3 ° 0 0 ' 1 4 " W 1 4 5 . 8 7 ' D = 4 8 ° 2 6 ' 1 5 " R = 1 5 0 . 0 0 ' C = 1 2 3 . 0 7 ' ( C ) L = 1 2 6 . 8 2 ' C B = N 8 5 ° 0 8 ' 0 4 " E ( C ) S 70°38'48" E 96 . 0 0 ' D = 24°34'17" (C)R = 350.00' (P)C = 148.95' (C)L = 150.10' (C)CB = N 09°38'59" E (C)S 02°38'10" E 111.46'S 42°21'50" W35.36' M c D O N A L D ' S L I N T O N B O U L E V A R D WATERFORD PLACE S I T E B E N C H M A R K # 1 S I T E B E N C H M A R K # 2 T I T L E B L O C K A B B R E V I A T I O N S E n g . = E N G I N E E R I N G L . B . = L I C E N S E D B U S I N E S S C . O . A . = C E R T I F I C A T E O F A U T H O R I Z A T I O N A r c h . = A R C H I T E C T U R A L L a n d s c p . = L A N D S C A P E N / A = N O T A P P L I C A B L E L i c . = L I C E N S E D N o . = N U M B E R P . O . = P O S T O F F I C E © = C O P Y R I G H T 2 BOUNDARY & TOPOGRAPHIC SURVEY ByRevisionDateNo. Field Crew: Drawn by: Checked by: Approved by: Scale: Date: Job No.: File: 1"=20' 5 0 0 W e s t F u l t o n S t . S a n f o r d , F l . 3 2 7 7 1 P h : 4 0 7 . 3 2 2 . 6 8 4 1 L i c e n s e s : E n g . C . O . A . N o . 3 2 1 5 S u r v e y L . B . N o . 7 1 4 3 A r c h . L i c . N o . A A 2 6 0 0 9 2 6 L n d s c p . L i c . N o . L C 0 0 0 0 2 9 8 C P H , I n c . A r c h i t e c t s E n g i n e e r s L a n d s c a p e A r c h i t e c t s M / E / P P l a n n e r s S t r u c t u r a l S u r v e y o r s T r a f f i c / T r a n s p o r t a t i o n D e v e l o p m e n t C o o r d i n a t i o n O f f i c e s i n : · F l o r i d a · P u e r t o R i c o · C o n n e c t i c u t · M a r y l a n d · T e x a s 2016C N O T E : L.S. J.A.B. R.L.R. P.J.K. 1/24/16 M29907.MRP M29907.MRP.dwg o f 2 N C - 2 A WA T E R F O R D P L A C E McDONALD'S W A T E R F O R D P L A C E 9 (AP)(AP)(AP) 1 1111 1 1 2 2 2 2 2 4 5 5 5 6 6 7 9 9 1015 10 11 11 12 14 12 9 6 8 8 8 8 8 8 12 13 15 1 8 . 0 0 ' R2.50' 10 5. 7 5 ' 5. 9 5 ' 16 12 16 16 16 16 162 16 16 17 17 5. 0 0 ' 5.00' 5.00' 5' 12'12' 5' 9' 3 3 6 15 2 S2 S1 2 2 10 8 8 15 15 15 12.00' 2 2 . 0 0 ' ( T Y P . ) R5' R15' 13.54' (DT) (DT) 28 28 8 McDONALD'S 2 2 2 4 5 5 5 3 X 1 1 1 1 3 3 3 3 6 6 5 X = RESERVED DRIVE-THRU PARKING SPACE S1 = RESERVED DRIVE-THRU PARKING SIGN (DT) = NO LEFT TURN SIGN (R3-2)(NL) = PROPOSED ASPHALT PAVEMENT/RE-GRADING = RIGHT TURN ONLY SIGN (R3-5R)(RT) = STOP SIGN (R1-1)(S) = DO NOT ENTER SIGN (R5-1)(DE) = PROPOSED PARKING COUNTX = EXISTING PARKING COUNTX = ACCESSIBLE PARKING SIGN (FTP-25)(AP) DYSL/4"= DOUBLE YELLOW SOLID LINE / 4" WIDE SWSL/4"= SINGLE WHITE SOLID LINE / 4" WIDE = ORDER WINDOW = PRESENTER WINDOW A B (COD)= EXISTING CUSTOMER ORDER DISPLAY (M)= EXISTING MENU BOARD SYSL/6"= SINGLE YELLOW SOLID LINE / 6" WIDE = PROPOSED DETECTOR LOOP = PROPOSED CONCRETE PAVEMENT SITE LEGEND ZONING: GRAPHIC SCALE 0 1 INCH = 20 FEET 10 20 40 N 12 SPACES PER 1,000 SF OF GFA UP TO 6,000 SF (5,011 SF / 1,000 SF) X 12 = 60 PARKING SPACES SUBJECT SITE: NORTH: EAST: SOUTH: WEST: 60 TOTAL SPACES REQUIRED PARKING INFORMATION PROPOSED USE: EXISTING USE: PROPOSED LAND USE: EXISTING LAND USE: SITE TOTAL AREA: PARCEL I.D. NUMBER: SITE ADDRESS: PC - PLANNED COMMERCIAL WEST LINTON BOULEVARD PC - PLANNED COMMERCIAL PC - PLANNED COMMERCIAL WATERFORD PLACE 1220 WEST LINTON BOULEVARD DELRAY BEACH, FLORIDA 33445 12-43-46-29-33-002-0000 62,524 S.F. (1.435 A.C.±) FAST FOOD WITH DRIVE THRU FAST FOOD WITH DRIVE THRU McDONALD'S RESTAURANT McDONALD'S RESTAURANT THE PURPOSE OF THIS PROJECT IS TO UPDATE THE BUILDING, AND BRING THE SITE INTO ADA COMPLIANCE. SITE DATA R LI N T O N M R P CI T Y O F D E L R A Y B E A C H / F L O R I D A SI T E P L A N CODE: 009-1060 McDONALD'S PROJECT AS S H O W N Ma r . 2 0 1 6 M2 9 9 0 7 . M R P JD H JD H RM M JD L By Re v i s i o n 2 0 1 7 C C-3 Sheet No. Da t e : Jo b N o . : Sc a l e : No . Da t e Ch e c k e d b y : Ap p r o v e d b y : De s i g n e d b y : Dr a w n b y : J: \ M 2 9 9 0 7 . M R P \ C i v i l \ D W G \ D e s i g n \ 3 - M 2 9 9 0 7 . M R P - S I T E . d w g J a n 2 4 , 2 0 1 7 - 8 : 3 5 a m j a l l e n www.sunshine811.com SITE NOTES 1. EXISTING UTILITIES ARE SHOWN IN SCHEMATIC ONLY. CONTRACTOR SHALL USE DUE REGARD WHEN PERFORMING ANY SITE DEMOLITION. 2. ALL ELEVATIONS SHOWN ARE IN REFERENCE TO THE BENCHMARK AND MUST BE VERIFIED BY THE GENERAL CONTRACTOR AT GROUNDBREAK. 3. FINISH WALK AND CURB ELEVATIONS SHALL BE 6" ABOVE FINISH PAVEMENT. 4. DIMENSIONS SHOWN ARE TO THE FACE OF CURB UNLESS SHOWN (BOC) WHICH INDICATES BACK OF CURB. 5. CONTRACTOR TO SEAL AND RE-STRIPE AFFECTED PARKING AREA. STRIPING TO BE REPLACED AS EXISTING EXCEPT WHERE NOTED OTHERWISE. 6.ADJUST ALL MANHOLE RINGS AND CLEAN OUT COVERS TO BE FLUSH WITH FINISHED GRADE. ALL PARTS TO BE TRAFFIC BEARING (AASHTO H-20 LOADING). 7.THE CONTRACTOR SHALL COORDINATE WITH ALL UTILITY COMPANIES TO DETERMINE EXACT POINT OF SERVICE CONNECTION AT EXISTING UTILITY. REFER TO THE BUILDING ELECTRICAL AND PLUMBING DRAWINGS FOR UTILITY SERVICE ENTRANCE LOCATIONS, SIZES, AND CIRCUITING. 8.MODIFY ALL NON-COMPLIANT EXTERIOR DOOR HARDWARE, AS NECESSARY, TO COMPLIANT LARGE OFFSET D-PULL DOOR HARDWARE. 9.ENSURE ACCESSIBILITY STICKERS ARE PLACED ON ALL APPLICABLE DOORS. 10.ENSURE SPEECH/HEARING IMPAIRED SIGNAGE IS PROVIDED AT COD, CASHIER WINDOW & PRESENTER WINDOW. 11.TRANSITIONS TO BE FLUSH ALL ALONG THE ACCESSIBLE ROUTE. CONTRACTOR SHALL ENSURE THE MAXIMUM CONSTRUCTED LEVEL TRANSITION AT EVERY JOINT DOES NOT EXCEED THE MAXIMUM ALLOWABLE UNDER THE ADA AFTER SETTLEMENT, EXPANSION, CONTRACTION, ETC. CHANGES IN LEVEL OF 1/4" HIGH MAXIMUM SHALL BE PERMITTED TO BE VERTICAL. CHANGES IN LEVEL BETWEEN 1/4" HIGH MINIMUM AND 1/2" HIGH MAXIMUM SHALL BE BEVELED WITH A SLOPE NOT STEEPER THAN 1:2. 12.FILL EXPANSION / CONTROL JOINT WITH EXTERIOR GRADE CONCRETE EXPANSION JOINT CAULKING. FILL ENTIRE LENGTH OF JOINT SUCH THAT ANY CHANGE IN ELEVATION DOES NOT EXCEED 1/4" IN ELEVATION FROM THE ADJACENT CONCRETE SURFACES WHEN CAULKING HAS CURED. FOR JOINTS WITH VOIDS DEEPER THAN 1/2", INSTALL CONTINUOUS FIBERBOARD EXPANSION JOINT FILLER BELOW CAULKING TO SUPPORT CAULKING ABOVE. 13.CONTRACTOR TO REPLACE DAMAGED PLANT MATERIAL, INCLUDING SOD, IMPACTED BY CONSTRUCTION ACTIVITIES IN ACCORDANCE WITH THE LANDSCAPE PLAN. 14.CONTRACTOR TO MODIFY IRRIGATION AS NECESSARY TO ACCOMMODATE NEW LANDSCAPE. www.cphcorp.com Architects Engineers Environmental Landscape Architects M / E / P Planners Surveyors Traffic / Transportation Offices in: ·Florida ·Puerto Rico ·Connecticut ·Maryland A Full Service A & E Firm JO S H U A D . L O C K H A R T , P . E 74 0 1 1 PROPOSED PATIO AREA: CONCRETE PAVERS PER MCDONALD'S SPECIFICATIONS BOUNDED BY 6" RIBBON CURB (2% MAX. SLOPE IN ANY DIRECTION). 15 6 PROPOSED CROSS WALK STRIPING. SEE DETAIL, SHEET C-5. 12 8 PROPOSED NOSE DOWN CURBING, SEE DETAIL, SHEET C-5. 16 4 PROPOSED CONCRETE SIDEWALK PER FDOT INDEX #310 (5% MAX. LONGITUDINAL SLOPE, 2% MAX. CROSS SLOPE). PROPOSED ACCESSIBLE RAMP 1:12 MAX. RUNNING SLOPE, 2% MAX. CROSS SLOPE PER FDOT INDEX NO. 304, SEE DETAIL, SHEET C-5. 7 PROPOSED CONCRETE PAVERS PER McDONALD'S SPECIFICATIONS BOUNDED BY 6" RIBBON CURB (5% MAX. LONGITUDINAL SLOPE, 2% MAX. CROSS SLOPE). 5 PROPOSED DECORATIVE ALUMINUM RAILING PER MCDONALD'S SPECIFICATIONS. PROPOSED OUTDOOR ENVIRONMENTS. A MINIMUM OF 5% PATIO TABLES TO BE ACCESSIBLE. PROVIDE 30" WIDTH, 27" KNEE CLEARANCE, AND 19" OF UNOBSTRUCTED DEPTH. IDENTIFY WITH SIGNAGE. PROPOSED SAW-CUT LIMITS. PROPOSED SERVICE / DELIVERY RAMP. PROPOSED CURB AND GUTTER. STANDARD CURBING SHOWN SHADED. SEE DETAIL, SHEET C-5. NEATLY SAW-CUT, REMOVE AND MATCH EXISTING CURB AND GUTTER AND PAVEMENT WITH A SMOOTH TRANSITION. PROPOSED ACCESSIBLE STRIPING. SEE DETAIL, SHEET C-5. 13 10 PROPOSED PARKING STRIPING. PER CITY OF DELRAY BEACH SPECIFICATIONS. 9 3 2 SITE PLAN KEYNOTE LEGEND 1 11 PROPOSED 5' X 5' MIN. SIDEWALK LANDING PER FDOT INDEX #310, 2% MAX. SLOPE IN ALL DIRECTIONS. 14 52 EXISTING SPACESTOTAL SPACES EXISTING 54 2 EXISTING ACCESSIBLE SPACES TOTAL SPACES PROVIDED 56 51 PROPOSED SPACES 3 PROPOSED ACCESSIBLE SPACES 2 PROPOSED PARALLEL SPACES 1" = 30' AREAS OF DEMOLITION 2 NEATLY SAW-CUT & REMOVE EXISTING CURB, GUTTER, FENCE AND PAVEMENT, AS APPLICABLE. PROTECT AND SAVE EXISTING COLUMN(S). DEMOLITION KEYNOTE LEGEND 1 = PROPOSED AREAS OF DEMOLITION. 3 REMOVE & RELOCATE EXISTING SIGNS. 6 1" = 20' SITE 4 5 PROTECT & SAVE EXISTING UTILITIES. REMOVE EXISTING PAVERS / SIDEWALK. = PROPOSED SIDEWALK = TREE TO BE REMOVED (RE. TO LANDSCAPE PLAN) 1992 SW 1st. St. Miami, FL 33135 Ph: 305.274.4805 Licenses: Eng. C.O.A. No. 3215 Survey L.B. No. 7143 Arch. Lic. No. AA2600926 Lndscp. Lic. No. LC0000298 CPH, Inc. Plans Prepared By: TOTAL: PERVIOUS AREA: EXISTING AREA CALCULATIONS: BUILDING AREA: IMPERVIOUS AREA: = 62,524 S.F. = 20,954 S.F. = 5,011 S.F. = 35,251 S.F. (100.00%) (33.51 %) (8.02 %) (56.38%) 17 REMOVE EXISTING COLUMNS. REMOVE EXISTING STRIPING. PERVIOUS AREA: PROPOSED AREA CALCULATIONS: BUILDING AREA: IMPERVIOUS AREA: = 20,738 S.F. = 5,036 S.F. = 36,249 S.F. (33.17 %) (8.05 %) (57.98 %) PATIO AREA:= 500 S.F.(0.80 %) PROPOSED CONCRETE PAVEMENT. SEE DETAIL, SHEET C-5. PATIO AREA:= 1,308 S.F.(2.09 %) JD L Pe r C i t y C o m m e n t s 10 / 2 4 / 1 6 JD L Pe r C i t y C o m m e n t s 01 / 2 4 / 1 7 12 2 LINTON BOULEVARD (SW 12TH STREET) WA T E R F O R D P L A C E McDONALD'S M.E. 15.72± 16.60± M.E. 16.5516.55 16.50 16.50 16.00 16.50 16.00 15.75 16.00 M.E. 15.75± 15.75 15.75 15.45 16.50 16.00M.E. 15.10± M.E. 14.07± M.E. 14.07± M.E. 13.45± 15.90 15.40 16.25 15.75 M.E. 15.73± 16.45 16.60± M.E. M.E. 16.03± 16.55 16.05 16.40 16.35 15.85 16.30 15.85 15.9016.25 15.75 M.E. 15.20± M.E. 15.36±15.30 15.80 15.80 15.42± M.E.15.45± M.E. M.E. 15.68± 16.25 16.20 15.70 16.25 16.60± M.E. 16.60± M.E. 16.60 16.55 16.40 15.70 16.30 16.55 16.05 16.20 16.2016.40 16.40 15.90 16.45 15.95 16.35 15.85 16.30 15.80 M.E. 15.67± M.E. 15.69± GENERAL GRADING NOTES 1. PRIOR TO ANY DEMOLITION OR CONSTRUCTION ACTIVITY THE CONTRACTOR SHALL INSTALL EROSION AND SEDIMENTATION CONTROL MEASURES SHOWN ON THE PLANS. AS CONSTRUCTION PROGRESSES, THE CONTRACTOR SHALL PERIODICALLY CHECK THE SEDIMENTATION CONTROLS AND REPAIR THEM AS NECESSARY TO KEEP THEM IN GOOD FUNCTIONING ORDER. THE CONTRACTOR SHALL ALSO PROTECT INLETS AND OTHER SITE APPURTENANCES FROM SEDIMENTATION USING PROTECTION AS DETAILED IN THE PLANS. 2. THE CONTRACTOR SHALL CONDUCT GROUND STABILIZING MEASURES (PAVING, GRASSING, MULCHING AND SODDING) AS SOON AS PRACTICABLE FOLLOWING FINAL GRADING OF THE SITE. 3. FOLLOWING COMPLETION OF CONSTRUCTION AND COMPLETED STABILIZATION OF POTENTIAL EROSION AREAS, THE CONTRACTOR SHALL REMOVE SEDIMENTATION CONTROL MEASURES AND CLEAN AND REPAIR ANY AREAS AFFECTED BY THE CONSTRUCTION ACTIVITIES. ANY SILTATION IN THE STORMWATER SYSTEM SHALL BE COMPLETELY FLUSHED PRIOR TO CERTIFICATION OF COMPLETION. 4. ALL WORK PERFORMED WITHIN ANY ADJACENT ROAD REQUIRES A SEPARATE PERMIT ISSUED BY THE PALM BEACH COUNTY OR CITY OF DELRAY BEACH PUBLIC WORKS DEPARTMENTS. 5. HAVING CONSULTED THE NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP (FIRM) COMMUNITY PANEL NO. 125102-0006-D, CITY OF DELRAY BEACH, FLORIDA WITH EFFECTIVE DATE JANUARY 5, 1989, THE SUBJECT PROPERTY APPEARS TO LIE IN ZONE X (SHADED), WHICH ARE AREAS OF 500-YEAR FLOOD AND ALSO LIES IN ZONE AE (EL 12) WHICH ARE AREAS OF 100 YEAR FLOOD WITH BASE FLOOD ELEVATION DETERMINED AS 12.00 FEET (NGVD '29) 10.454 FEET (NAVD '88). THIS DETERMINATION WAS BASED ON A GRAPHIC INTERPOLATION OF SAID MAP AND NOT ON ACTUAL FIELD MEASUREMENTS. 6. CONTRACTOR SHALL FIELD VERIFY EXISTING AND SURROUNDING DEVELOPMENT GRADES AND CONTACT ENGINEER IF ANY DISCREPANCIES EXIST PRIOR TO CONSTRUCTION. 7. CONTRACTOR SHALL VERIFY POSITIVE DRAINAGE FLOW AWAY FROM BLDG. AND THAT A MINIMUM SLOPE OF AT LEAST 1% IN THE DIRECTION OF DRAINAGE FLOW INDICATED CAN BE ACHIEVED. 8.CONTRACTOR SHALL CLEAN OUT ALL STORM STRUCTURES AND PIPES PRIOR TO PROJECT CLOSE OUT. GRAPHIC SCALE 0 1 INCH = 20 FEET 10 20 40 N R 7 6 AS S H O W N 5 4 3 2 1 By Re v i s i o n 2 0 1 7 C C-4 Sheet No. Da t e : Jo b N o . : Sc a l e : No . Da t e Ch e c k e d b y : Ap p r o v e d b y : De s i g n e d b y : Dr a w n b y : J: \ M 2 9 9 0 7 . M R P \ C i v i l \ D W G \ D e s i g n \ 4 - M 2 9 9 0 7 . M R P - S G P & E C P . d w g J a n 2 4 , 2 0 1 7 - 8 : 4 6 a m j m o r a l e s GR A D I N G A N D E R O S I O N A N D S E D I M E N T A T I O N CO N T R O L P L A N NOTE: CONTRACTOR SHALL PAY CLOSE ATTENTION WHEN CLEARING AND/OR GRADING THE SITE TO ENSURE THAT WHEN EXISTING ROOTS ARE ENCOUNTERED THEY ARE CUT OFF EVENLY WITH CLEAN SHARP PRUNING TOOLS. CONTRACTOR SHALL BE RESPONSIBLE FOR MINIMIZING THE DAMAGE OF THE EXISTING ROOT SYSTEMS.www.sunshine811.com EROSION AND SEDIMENT CONTROL PLAN NOTES ACREAGE SUMMARY TOTAL SITE AREA ON-SITE DISTURBED AREA OFF-SITE DISTURBED AREA TOTAL DISTURBED AREA 1.44 AC. 0.33 AC. 0.00 AC. 0.33 AC. SITE DESCRIPTION A. SITE LOCATION: THE SITE IS LOCATED AT :1220 WEST LINTON BOULEVARD, DELRAY BEACH, FLORIDA B. SITE CONDITIONS & ACTIVITIES NARRATIVE: THE EXISTING CONDITION OF THE SITE IS DEVELOPED WITH AN EXISTING McDONALD'S RESTAURANT. THE SITE WILL REMAIN AT APPROXIMATELY THE SAME GRADE AND HAVE NO MAJOR EFFECT ON ABUTTING PROPERTIES. WETLANDS/BUFFERS "NO WETLANDS OR BUFFERS ARE ASSOCIATED WITH THIS PROJECT". PLAN INTENT THE INTENT OF THIS PLAN IS TO PREVENT THE RELEASE OF SOILS, TRASH, CHEMICALS, TOXINS AND OTHER POLLUTANTS, BY WATER , AIR, VEHICLE TRANSPORT OR OTHER MEANS THAT CAN IMPACT STORM WATER QUALITY. THE CONTRACTOR SHALL ENSURE THAT THE BMP'S ARE INSTALLED AND THE EXECUTION OF THE WORK IS PERFORMED TO MEET THE INTENT OF APPLICABLE LAWS, REGULATIONS AND THIS PLAN. GENERAL NOTES A.NO RECORD OF AN ENVIRONMENTAL RESOURCE PERMIT FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT WAS AVAILABLE FOR REVIEW. MS4 OPERATOR NAME (IF ANY): N/A THE CONTRACTOR SHALL COORDINATE WITH THE MS4 TO ENSURE THAT ALL SPECIFIC REQUIREMENTS ARE MET. B.WHERE PRACTICAL, STORMWATER SHALL BE CONVEYED BY SWALES. SWALES SHALL BE CONSTRUCTED AS SHOWN ON PLANS. C. EROSION CONTROL MEASURES SHALL BE EMPLOYED TO MINIMIZE TURBIDITY OF SURFACE WATERS LOCATED DOWNSTREAM OF ANY CONSTRUCTION ACTIVITY. WHILE THE VARIOUS MEASURES REQUIRED WILL BE SITE SPECIFIC, THEY SHALL BE EMPLOYED AS NEEDED IN ACCORDANCE WITH THE FOLLOWING: I. IN GENERAL, EROSION SHALL BE CONTROLLED AT THE FURTHEST PRACTICAL UPSTREAM LOCATION. II. NEW AND EXISTING STORMWATER INLETS AND OUTFALL STRUCTURES SHALL BE PROTECTED DURING CONSTRUCTION. PROTECTION MEASURES SHALL BE EMPLOYED IMMEDIATELY AS REQUIRED DURING THE VARIOUS STAGES OF CONSTRUCTION. III. PERIMETER EROSION CONTROL DEVICES SHALL REMAIN IN PLACE UNTIL FINAL SITE STABILIZATION HAS BEEN ESTABLISHED D.CLEARING AND GRUBBING OPERATIONS SHALL BE CONTROLLED SO AS TO MINIMIZE UNPROTECTED ERODIBLE AREAS EXPOSED TO WEATHER. GENERAL EROSION CONTROL BMP'S SHALL BE EMPLOYED TO MINIMIZE SOIL EROSION AND OFF-SITE SEDIMENTATION. WHILE THE VARIOUS TECHNIQUES REQUIRED WILL BE SITE AND PLAN SPECIFIC, THEY SHOULD BE EMPLOYED PRIOR TO ANY CONSTRUCTION ACTIVITY. E.THE CONTRACTOR SHALL FURNISH, INSTALL PER THE SEQUENCE OF CONSTRUCTION, MAINTAIN AND SUBSEQUENTLY REMOVE, ALL NECESSARY TEMPORARY BMPS. THE CONTRACTOR WILL FURNISH AND INSTALL ALL NECESSARY PERMANENT BMPS. F.THE CONTRACTOR SHALL ADJUST, ADD OR MODIFY BMPS AS NECESSARY TO COMPLY WITH THE INTENT OF THE PLAN FOR NO ADDITIONAL COMPENSATION. THE CONTRACTOR SHALL CONSULT WITH THE CEC PRIOR TO ADJUSTING, ADDING OR MODIFYING BMPS THAT AFFECT THE HYDRAULICS OF THE SITE OR BEFORE ADDING BMPS NOT DETAILED IN THE EROSION AND SEDIMENTATION CONTROL PLAN. G.THE CONTRACTOR IS ADVISED THAT THE CONTRACT DRAWINGS ONLY INDICATE EROSION, SEDIMENT, AND TURBIDITY CONTROLS AT LOCATIONS DETERMINED IN THE DESIGN PROCESS. HOWEVER, THE CONTRACTOR IS REQUIRED TO PROVIDE ANY ADDITIONAL CONTROLS NECESSARY TO PREVENT THE POSSIBILITY OF SILTING ANY ADJACENT LOWLAND PARCEL OR RECEIVING WATER. H.EROSION AND SEDIMENT CONTROL MEASURES ARE TO BE PLACED PRIOR TO, OR AS THE FIRST STEP IN CONSTRUCTION. THE CONTRACTOR IS RESPONSIBLE FOR COMPLYING WITH ALL EROSION CONTROL MEASURES SHOWN ON THE PLANS. THE EROSION CONTROL SYSTEM DESCRIBED WITHIN THE CONSTRUCTION DOCUMENTS SHOULD BE CONSIDERED TO REPRESENT THE MINIMUM ACCEPTABLE STANDARDS FOR THIS PROJECT. ADDITIONAL EROSION CONTROL MEASURES MAY BE REQUIRED DEPENDENT UPON THE STAGE OF CONSTRUCTION, THE SEVERITY OF THE RAINFALL EVENT AND/OR AS DEEMED NECESSARY AS A RESULT OF ON-SITE INSPECTIONS BY THE OWNER, THEIR REPRESENTATIVES, OR THE APPLICABLE JURISDICTIONAL AUTHORITIES. THESE ADDITIONAL MEASURES (IF NEEDED) SHALL BE INSTALLED AT NO ADDITIONAL COST TO THE OWNER. IT SHOULD BE NOTED THAT THE MEASURES IDENTIFIED ON THIS PLAN ARE ONLY SUGGESTED BEST MANAGEMENT PRACTICES (BMPS). THE CONTRACTOR SHALL PROVIDE POLLUTION PREVENTION AND EROSION CONTROL MEASURES AS SPECIFIED IN FDOT INDEXES #100 THROUGH #102 AND AS NECESSARY FOR EACH SPECIFIC APPLICATION. IT IS THE CONTRACTOR'S ULTIMATE RESPONSIBILITY TO ASSURE THAT THE STORMWATER DISCHARGE FROM THE SITE DOES NOT EXCEED THE TOLERANCES ESTABLISHED BY ANY OF THE APPLICABLE JURISDICTIONAL AUTHORITIES. I SEPARATE PERMIT COVERAGE MUST BE OBTAINED BY THE CONTRACTOR UNDER THE DEPARTMENT'S GENERIC PERMIT FOR DISCHARGE OF PRODUCED GROUND WATER FROM ANY NON-CONTAMINATED SITE ACTIVITY PURSUANT TO SUBSECTION 62-621.300(2), F.A.C. STABILIZATION A.STABILIZATION MEASURES SHALL BE INITIATED IMMEDIATELY IN PORTIONS OF THE SITE WHERE CONSTRUCTION ACTIVITIES HAVE TEMPORARILY OR PERMANENTLY CEASED AND WILL REMAIN UNDISTURBED FOR 7 DAYS OR MORE. STABILIZE BY COVERING WITH ADEQUATE AMOUNTS OF MULCH OVER SEED AND PERIODICALLY WATER TO PROMOTE AND MAINTAIN GROWTH OF THE TEMPORARY GROUNDCOVER, OR BY THE USE OF AN APPROPRIATE ALTERNATIVE BMP. B.PERMANENT SOIL EROSION CONTROL MEASURES FOR ALL SLOPES, CHANNELS, DITCHES OR ANY DISTURBED LAND AREAS SHALL BE COMPLETED IMMEDIATELY AFTER FINAL GRADING. WHEN IT IS NOT POSSIBLE TO PERMANENTLY PROTECT A DISTURBED AREA IMMEDIATELY AFTER GRADING OPERATIONS, TEMPORARY EROSION CONTROL MEASURES SHALL BE INSTALLED. ALL TEMPORARY PROTECTION SHALL BE MAINTAINED UNTIL PERMANENT MEASURES ARE IN PLACE AND ESTABLISHED. C.ALL GRASS SLOPES CONSTRUCTED STEEPER THAN 4H:1V SHALL BE SODDED IMMEDIATELY AFTER FINAL GRADE IS ESTABLISHED. DUST CONTROL A.BARE EARTH AREAS SHALL BE WATERED DURING CONSTRUCTION AS NECESSARY TO MINIMIZE THE TRANSPORT OF FUGITIVE DUST. IN NO CASE SHALL FUGITIVE DUST BE ALLOWED TO LEAVE THE SITE UNDER CONSTRUCTION. B.AS REQUIRED AFTER COMPLETION OF CONSTRUCTION, BARE EARTH AREAS SHALL BE VEGETATED. C.AT ANY TIME BOTH DURING AND AFTER SITE CONSTRUCTION THAT WATERING AND/OR VEGETATION ARE NOT EFFECTIVE IN CONTROLLING WIND EROSION AND/OR TRANSPORT OF FUGITIVE DUST, OTHER METHODS AS ARE NECESSARY FOR SUCH CONTROL SHALL BE EMPLOYED. THESE METHODS MAY INCLUDE ERECTION OF DUST CONTROL FENCES. IF REQUIRED, DUST CONTROL FENCES SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE DETAIL FOR A SILT FENCE EXCEPT THE MINIMUM HEIGHT SHALL BE 4 FEET. WASTE MANAGEMENT A.THE CONTRACTOR SHALL ENSURE THAT ALL WASTE AND DEBRIS ARE MANAGED DAILY SUCH THAT THEY WILL NOT IMPACT STORMWATER OR LEAVE THE PERMITTED AREA, AND DISPOSED OF PROPERLY IN ACCORDANCE WITH APPLICABLE STATE, LOCAL AND FEDERAL REGULATIONS. B.THE CONTRACTOR SHALL ENSURE THAT ALL CHEMICALS, OILS, FUELS, HAZARDOUS WASTE, UNIVERSAL WASTE AND TOXIC SUBSTANCES ARE PROPERLY MANAGED AND DISPOSED OF IN ACCORDANCE WITH APPLICABLE STATE, LOCAL AND FEDERAL REGULATIONS. THE CONTRACTOR SHALL ENSURE THAT WASTE IS NOT DISCHARGED FROM THE SITE, AND DOES NOT IMPACT STORMWATER OR GROUNDWATER. C.THE CONTRACTOR SHALL PROVIDE APPROPRIATE AND ADEQUATE WASHOUT FACILITIES TO ENSURE THAT CHEMICALS AND WASTE IS NOT DISCHARGED FROM THE SITE, AND DO NOT IMPACT STORMWATER OR GROUNDWATER. (E.G. CONCRETE/MASONRY WASHOUT, PAINT WASHOUT, EIFS, ETC.) THE CONTRACTOR SHALL CLEAN UP SPILLS PROMPTLY AND ENSURE THAT WASHOUT AREAS ARE PROPERLY MAINTAINED TO PROVIDE ADEQUATE VOLUME TO PREVENT OVERFLOW. D.THE CONTRACTOR SHALL PROVIDE ADEQUATE SANITARY FACILITIES FOR SITE PERSONNEL, MAINTAIN THROUGHOUT CONSTRUCTION, AND PROVIDE FOR PROPER DISPOSAL IN ACCORDANCE WITH APPLICABLE STATE, LOCAL AND FEDERAL REGULATIONS. SANITARY FACILITIES SHALL BE PROPERLY SECURED TO PREVENT TIPPING. E.WHEN A SPILL OF REPORTABLE QUANTITIES IS DISCOVERED ON THE SITE, THE CONTRACTOR SHALL CLEAN UP ALL SPILLED MATERIALS AND DISPOSE OF IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. THE CONTRACTOR SHALL NOTIFY THE APPROPRIATE AUTHORITIES IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS, THE OWNER AND PROJECT ENGINEER. THE CONTRACTOR SHALL RETAIN CLEANUP INFORMATION AS WELL AS DISPOSAL MANIFESTS. MATERIALS MANAGEMENT, AND EQUIPMENT STAGING AND MAINTENANCE A.EXCAVATED MATERIAL SHALL NOT BE DEPOSITED IN LOCATIONS WHERE IT COULD BE WASHED AWAY BY HIGH WATER OR STORM WATER RUNOFF. STOCKPILED MATERIAL SHALL BE COVERED OR ENCIRCLED WITH SEDIMENT CONTAINMENT DEVICES. B.HEAVY CONSTRUCTION EQUIPMENT PARKING AND MAINTENANCE AREAS SHALL BE DESIGNED TO PREVENT OIL, GREASE, AND LUBRICANTS FROM ENTERING SITE DRAINAGE FEATURES INCLUDING STORMWATER COLLECTION AND TREATMENT SYSTEMS. CONTRACTORS SHALL PROVIDE BROAD DIKES OR SILT SCREENS AROUND, AND SEDIMENT SUMPS WITHIN, SUCH AREAS AS REQUIRED TO CONTAIN SPILLS OR OIL, GREASE, LUBRICANTS, OR OTHER CONTAMINANTS. CONTRACTOR SHALL HAVE AVAILABLE, AND SHALL USE, ABSORBENT FILTER PADS TO CLEAN UP SPILLS IMMEDIATELY AFTER ANY OCCURRENCE. C.THE CONTRACTOR SHALL ENSURE THAT ALL TOXIC / HAZARDOUS SUBSTANCES AND CHEMICALS ARE PROPERLY STORED, OUT OF THE WEATHER, AND USED IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS. THE CONTRACTOR SHALL ENSURE THAT THESE PRODUCTS ARE STORED AND USED IN SUCH A MANNER THAT WILL NOT NEGATIVELY IMPACT STORMWATER, GROUNDWATER OR PROTECTED SPECIES. D.THE CONTRACTOR SHALL ENSURE THAT ALL MATERIALS, EQUIPMENT, DEBRIS, WASTE, TRAILERS, AND OTHER SUPPORT RELATED ITEMS ARE CONTAINED WITHIN THE PROJECT LIMITS OF DISTURBANCE. THE CONTRACTOR SHALL ENSURE THAT THE STORAGE AND USE OF SUCH ITEMS DOES NOT NEGATIVELY IMPACT STORMWATER OR GROUNDWATER. OFFSITE VEHICLE TRACKING A.THE CONTRACTOR SHALL ENSURE THAT THE CONSTRUCTION EXIT IS USED BY ALL VEHICLES AND EQUIPMENT ENTERING OR LEAVING THE JOBSITE. THE CONTRACTOR SHALL MONITOR AND MAINTAIN THE CONSTRUCTION EXIT TO ENSURE THAT NO SOILS ARE TRACKED OFFSITE BY TIRES OR TRACKS, AND THAT NO SOILS ARE SPILLED BY TRUCKS OR EQUIPMENT LEAVING THE SITE. ALL TRACKED OR SPILLED SOILS SHALL BE SHOVELED OR SWEPT FROM THE ROADWAY AND RETURNED TO THE SITE. WATER SHALL NOT BE USED TO CLEAN THE SOILS FROM THE ROADWAY UNLESS THE WATER AND SOILS ARE RECOVERED BY THE USE OF A VACUUM TRUCK OR SIMILAR DEVICE. FERTILIZERS, HERBICIDES AND PESTICIDES A.THE CONTRACTOR SHALL ENSURE THAT ALL FERTILIZERS, HERBICIDES, PESTICIDES AND SIMILAR PRODUCTS ARE PROPERLY STORED, OUT OF THE WEATHER, AND APPLIED IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS. THE CONTRACTOR SHALL ENSURE THAT THESE PRODUCTS ARE USED IN SUCH A MANNER THAT WILL NOT NEGATIVELY IMPACT STORMWATER, GROUNDWATER OR PROTECTED SPECIES. B.NUTRIENTS SHALL BE APPLIED ONLY AT RATES NECESSARY TO ESTABLISH AND MAINTAIN VEGETATION. INSPECTIONS AND MAINTENANCE A.THE CONTRACTOR SHALL INSPECT BMPS (I.E. DISCHARGE LOCATIONS, CONSTRUCTION EXIT, PERIMETER CONTROLS, INLET PROTECTION, STABILIZATION, EROSION CONTROL, DOCUMENTATION, WASTE DISPOSAL AREAS, MATERIAL STORAGE AREAS, ETC.) TO DETERMINE IF CONSTRUCTION ACTIVITIES HAVE ALTERED THE EFFECTIVENESS BMPS, CONFIRM BMPS ARE ACHIEVING COMPLIANCE, AND MAINTAIN BMPS AT LEAST ONCE EVERY SEVEN (7) CALENDAR DAYS, AND WITHIN 24 HOURS AFTER A RAINSTORM OF 0.50 INCHES OR GREATER. B.ANY MAINTENANCE, REPAIR AND NECESSARY REVISIONS TO BMP ITEMS SHALL BE ADDRESSED IN A TIMELY MANNER, BUT IN NO CASE LATER THAN 7 CALENDAR DAYS FOLLOWING THE INSPECTIONOR IDENTIFICATION OF THE ISSUE. UNLESS OTHERWISE SPECIFIED, ACCUMULATED SEDIMENTS SHOULD BE REMOVED BEFORE THEY REACH ONE-HALF OF THE CAPACITY OF THE CONTROL DEVICE. REFERENCES THE CONSTRUCTION PLANS AND SPECIFICATIONS FOR JOB #M29907.MRP AS PREPARED BY CPH, INC. ON MARCH, 2016 ARE HEREBY REFERENCED AND MADE A PART OF THIS PLAN. WEIGHTED WATTLE DETAIL WEIGHTED WATTLE SHEET FLOW INSTALL WEIGHTED WATTLES PARALLEL TO THE SLOPE CONTOURS. BUTT JOINT OR LAP PER MANUFACTURER DETAILS ANCHOR LOOP IN NON-PAVED AREAS (4 PER 10 FT. BAG). WEIGHTED WATTLE ARE STACKED TIGHTLY GRAVEL FILLED SANDBAGS BACK OF CURB NOTES: 1. PLACE CURB TYPE SEDIMENT BARRIERS ON GENTLY SLOPING STREET SEGMENTS WHERE WATER CAN POND AND ALLOW SEDIMENT TO SEPARATE FROM RUNOFF. 2. SANDBAGS OF EITHER BURLAP OR WOVEN GEOTEXTILE FABRIC, ARE FILLED WITH GRAVEL, LAYERED AND PACKED TIGHTLY. 3. TAPER TO ONE SANDBAG TO PROVIDE A SPILLWAY FOR OVERFLOW. 4. INSPECT BARRIERS AND REMOVE SEDIMENT AS NECESSARY. SEDIMENT AND GRAVEL MUST BE REMOVED FROM THE TRAVELED WAY IMMEDIATELY. CURB LINE PROTECTION DETAIL SPILLWAY N.T.S. ELEVATION RUNOFF GROUND UNDISTURBED 3'- 0 " (M I N . ) 12 " COMPACTED BACKFILL (M I N ) 4" X 6" TRENCH WITH PONDING HEIGHT FILTER FABRIC ATTACH SECURELY TO UPSTREAM SIDE OF POST PONDING HEIGHT FILTER FABRIC ATTACHSECURELY TO UPSTREAM SIDE OF POST(M I N . ) 3'- 0 " RUNOFF 12 " (M I N . ) GROUND UNDISTURBED STANDARD DETAIL ALTERNATE DETAIL A 9" MAX. (RECOMMENDED) STORAGE HT. 8" TRENCH WITH GRAVEL TRENCH WITH NATIVE BACKFILL GRAVEL FINISH G R A D E FLOW FLOW FLOW 10' MAX. S P A C I N G W / W I R E SUPPOR T F E N C E / 6 ' M A X . SPACING W / O U T W I R E SUPPOR T F E N C E STEEL OR 2" X 2" WOOD POST NOTES: 1. INSPECT AND REPAIR FENCE AFTER EACH STORM EVENT AND REMOVE SEDIMENT WHEN NECESSARY. 2. REMOVED SEDIMENT SHALL BE DEPOSITED TO AN AREA THAT WILL NOT CONTRIBUTE SEDIMENT OFF-SITE AND CAN BE PERMANENTLY STABILIZED. 3. SILT FENCE SHALL BE PLACED ON SLOPE CONTOURS TO MAXIMIZE PONDING EFFICIENCY. EXTRA STRENGTH FILTER FABRIC NEEDED WITHOUT WIRE MESH SUPPORT STEEL OR 2" X 2" WOOD POST SEDIMENTATION / SILT FENCE PONDING HEIGHT FILTER FABRIC ATTACH SECURELY TO UPSTREAM SIDE OF POST (M I N . ) 3'- 0 " RUNOFF 12 " (M I N . ) GROUNDUNDISTURBED ALTERNATE DETAIL B 9" MAX. (RECOMMENDED) STORAGE HT. FOR TREE DRIP LINE OR SIDEWALKS SAND BAGS N.T.S.N.T.S. www.cphcorp.com Architects Engineers Environmental Landscape Architects M / E / P Planners Structural Surveyors Traffic / Transportation Offices in: ·Florida ·Puerto Rico ·Connecticut ·Maryland A Full Service A & E Firm LI N T O N M R P CI T Y O F D E L R A Y B E A C H / F L O R I D A CODE: 009-1060 McDONALD'S PROJECT Ma r . 2 0 1 6 M2 9 9 0 7 . M R P CD P JD H RM M JD L JO S H U A D . L O C K H A R T , P . E 74 0 1 1 LIMITS OF DISTURBANCE PROPOSED INLET PROTECTION PERMANENT SEEDING/VEGETATION DIRECTION OF FLOW TEMPORARY SILT FENCE LEGEND MATCH EXISTING PAVEMENT/BOTTOM OF CURB ELEVATION PROPOSED TOP OF CURB ELEV. PROPOSED PAVEMENT ELEV. M.E. XX.XX± XX.XX XX.XX SF PROPOSED TOP OF SIDEWALK ELEV.X.XX PROPOSED HIGH POINTH.P. PROPOSED PAVEMENT ELEV.XX.XX PROPOSED STD. CURB & GUTTER SAW CUT LIMITS SEQUENCE OF CONSTRUCTION THE CONTRACTOR SHALL FOLLOW THE SEQUENCE OF CONSTRUCTION AS DESCRIBED BELOW. IF THE CONTRACTOR FINDS THAT THE SEQUENCE NEEDS TO BE MODIFIED, THE CONTRACTOR SHALL CONTACT THE CEC FOR FURTHER DIRECTION. THE CONTRACTOR SHALL DISTURB ONLY THOSE AREAS NECESSARY TO INSTALL THE BMPS UNTIL DIRECTED IN THE SEQUENCE TO BEGIN CLEARING AND GRUBBING OPERATIONS. ALL TEMPORARY BMPS SHALL BE REPAIRED AND MAINTAINED UNTIL STABILIZATION HAS OCCURRED AND THERE IS NO RISK OF DISCHARGE, THEN THEY SHALL BE REMOVED. 1.INSTALL PERIMETER CONTROLS IMMEDIATELY DOWNSTREAM OF THE PLANNED LOCATION OF THE CONSTRUCTION EXIT. 2.INSTALL REMAINING PERIMETER CONTROLS. 3. INSTALL TEMPORARY PARKING AND STORAGE AREAS (TRAILER, PARKING, LAY DOWN, SANITARY FACILITIES, WHEEL WASH, CONCRETE WASHOUT, MASONS AREA, FUEL AND MATERIAL STORAGE CONTAINERS, SOLID WASTE CONTAINERS, ETC). 4. BEGIN DEMOLITION, CLEARING AND GRUBBING OPERATIONS AS APPLICABLE. 5. TEMPORARILY SEED, IMMEDIATELY AND THROUGHOUT CONSTRUCTION, DENUDED AREAS THAT WILL BE INACTIVE FOR 7 DAYS OR MORE. 6. PERMANENTLY STABILIZE AREAS TO BE VEGETATED AS THEY ARE BROUGHT TO FINAL GRADE. 7. PREPARE SITE FOR PAVING. 8. PAVE SITE. 9. INSTALL APPROPRIATE INLET PROTECTION DEVICES FOR PAVED AREAS AS WORK PROGRESSES. 10. COMPLETE GRADING AND INSTALL PERMANENT STABILIZATION OVER ALL AREAS. 11. REMOVE ALL TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES (ONLY IF SITE IS STABILIZED). 1992 SW 1st. St. Miami, FL 33135 Ph: 305.274.4805 Licenses: Eng. C.O.A. No. 3215 Survey L.B. No. 7143 Arch. Lic. No. AA2600926 Lndscp. Lic. No. LC0000298 CPH, Inc. Plans Prepared By: JD L Pe r C i t y C o m m e n t s 10 / 2 4 / 1 6 JD L Pe r C i t y C o m m e n t s 01 / 2 4 / 1 7 12 12.00'5.00'12.00'12.00' J: \ M 2 9 9 0 7 . M R P \ C i v i l \ D W G \ D e s i g n \ 5 - M 2 9 9 0 7 . M R P - G E N D E T . d w g J a n 2 4 , 2 0 1 7 - 8 : 5 5 a m j m o r a l e s Dr a w n b y : De s i g n e d b y : Ap p r o v e d b y : Ch e c k e d b y : Da t e No . Sc a l e : Jo b N o . : Da t e : Sheet No. C-5 C 2 0 1 7 Re v i s i o n By 12345 AS S H O W N 67 GE N E R A L D E T A I L S R ALUMINUM RAILING DETAIL N.T.S.N.T.S. N.T.S.N.T.S. N.T.S. CONCRETE PAVING SECTIONASPHALT PAVING SECTION N.T.S. ACCESSIBLE PARKING SIGN N.T.S. TYPICAL WALK SECTION SLOPE DN. COMPACTED SUBGRADE LIMEROCK BASE ASPHALT PAVEMENT CURB TYPE AS SPECIFIED N.T.S. 3000 PSI JTS @ 10'-0" O.C. BROOM FINISH EXPOSED SURFACE NOTE: SEE PAVING SECTION DETAILS FOR MATERIAL SPECIFICATIONS. TYPICAL EXPANSION JOINT THICKNESS T = PAVEMENT DOWEL TO BE LUBRICATED SAWCUT (SECOND POUR) SEALING COMPOUND POURED JOINT TOP 1/8" NO SEALING COMPOUND 1. DOWELS SHALL BE SUPPORTED BY AN APPROVED DEVICE. VERTICAL SAW-CUT 3/16" MIN.POURED JOINT SEALING COMPOUND NOTE: TOP 1/8" NO SEALING COMPOUND REDWOOD EXPANSION JOINT FILLER 3/16" MIN. THICKNESS T = PAVEMENT SEALING COMPOUND POURED JOINT EXISTING PAVEMENT SEALING COMPOUND POURED JOINT DOWEL DIAMETER = T/8 (IN) BUTT JOINT CONTRACTION JOINT TRANSVERSE EXPANSION JOINT NOTE: 3/16" MIN.T = PAVEMENT THICKNESS NOTE: 3/16" MIN.T = PAVEMENT THICKNESS 1. DOWELS SHALL BE SUPPORTED BY AN APPROVED DEVICE. TOP 1/8" NO SEALING COMPOUND 1. DOWEL BARS SHALL BE DRILLED INTO PAVEMENT HORIZONTALLY BY USE OF A MECHANICAL RIG. 2. DRILLING BY HAND IS NOT ACCEPTABLE, PUSHING DOWEL BARS INTO GREEN CONCRETE IS NOT ACCEPTABLE. (FIRST POUR) VERTICAL SAW-CUT DOWEL DIAMETER = T/8 (IN) SEALING COMPOUND TOP 1/8" NO VERTICAL SAW-CUT PROPOSED PAVEMENT DOWEL DIAMETER = T/8 (IN) CONSTRUCTION JOINT T T/ 2 T T/ 2 T T T/ 2 T/ 2 T/ 4 2" MIN. 1-1/4" MIN. CLEARANCE 16" LONG SMOOTH DOWEL @ 18" O.C. T/ 4 T/ 4 16" LONG SMOOTH DOWEL @ 18" O.C.16" LONG SMOOTH DOWEL @ 18" O.C. 2" MIN.T/ 4 1-1/4" MIN. CLEARANCE CONCRETE JOINT DETAILS NOSE DOWN CURB DETAIL ELEVATION VIEW TRANS. 3' TOP OF CURB PAVEMENT NOTE: ALL SIGNS SHALL COMPLY WITH U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION'S "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES", LOCAL CODES AND AS SPECIFIED. MOUNT SIGNS TO POST IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS. 1'-6" PC CONCRETE SLOPE TOP GROUND SURFACE OF CONCRETE (2 LBS./FT.) "U"-CHANNEL POST HERE MOUNT SIGN 2" 3" 2' - 0 " (M I N ) 7'- 0 " STANDARD SIGN BASE 3' BOLLARD IN TRAFFIC AREAS SIGNS USED AS PER FLORIDA STATUTES FTP 25 PER FS 316.1955, FS 316.1957 1.ALL LETTERS ARE 1" SERIES "C" PER MUTCD 2.TOP PORTION OF SIGN SHALL HAVE REFLECTORIZED (ENGINEERING GRADE) BLUE BACKGROUND WITH WHITE REFLECTORIZED LEGEND & BORDER. 3.BOTTOM PORTION OF SIGN SHALL HAVE A REFLECTORIZED (ENGINEERING GRADE) WHITE BACKGROUND WITH BLACK OPAQUE LEGEND & BORDER 4.FINE NOTIFICATION SIGN SHALL HAVE A REFLECTORIZED (ENGINEERING GRADE) WHITE BACKGROUND WITH BLACK OPAQUE LEGEND & BORDER 5.ONE (1) SIGN REQUIRED FOR EACH PARKING SPACE. 6.INSTALLATION HEIGHT OF LOWEST SIGN SHALL HAVE A MINIMUM OF 7'-0" CLEARANCE TO FINISH GRADE BASE COURSE 3/4" BEVEL SURFACE MATERIAL6" 6" INLET PROTECTION DETAIL 2"X4" PT BOX ALL SIDES 2" X 4" BRACE @ CENTER GRATE FLOW CURB INLET CURBSIDEWALK GUTTER 1' GUTTER BUDDY 1' N.T.S. CROSS WALK STRIPING DETAIL MENU BOARD NOTE: N.T.S. NO RIGHT TURNNO LEFT TURN N.T.S. STOP SIGN N.T.S. N.T.S. DO NOT ENTER SIGN ACCESSIBLE SYMBOL N.T.S. CONCRETE CURB AND GUTTER DETAILS N.T.S. 1'-6" 5' - 0 " 3'- 0 " 1' - 0 " 3,000 PSI CONCRETE 1'-4" N.T.S. BOLLARD DETAIL N.T.S. LEFT TURN ONLY N.T.S. RIGHT TURN ONLY DRIVE THRU MENU BOARD 12" 16" 6" 2'- 0" PAVEMENT SLOPE L. P . L. P . 3"R 7 1 / 2 " 8" 6" 1' 6" 2' 2"R 3/4"R GENERAL NOTES: 1. THE CONCRETE FOR CURBS SHALL BE DEPARTMENT OF TRANSPORTATION CLASS "I" CONCRETE, AND HAVE A COMPRESSIVE STRENGTH OF 3,000 PSI. 2. ALL CURBS SHALL HAVE CONTRACTION JOINTS AND SHALL BE CONSTRUCTED AT INTERVALS NOT TO EXCEED 10'- 0" ON CENTERS FOR ALL CURBS. DRIVETHRU THANKYOU 3'-0" 6'-0" 8'-0" 1'-0" 3'-2" 7'-0" - 8'-0" 3'-0" 7'-8" 7'-8" 3'-0" 3'-2"3'-2" SPECIAL USE DOUBLE ARROW TO BE USED ON ANY DESIGN A T GATEWAY. ONLY DESIGNS THAT DO NOT HAVE A SINGLE ENTRY THAT LEADS A CAR RIGHT AT THE DECISION POINT OF THE TIP OF THE ISLAND. ONLY ONE OF OUR STANDARD TEMPLATES HAS THIS DESIGN. PAINT TO MATCH PANTONE PMS 123 YELLOW. DOUBLE ARROW TO BE USED ON ALL SINGLE POINTS OF ENTRY THAT LEADS A CAR TOWARDS THE TIP OF THE ISLAND. 3'-0" 3'-2" 3'-0" 6'-6" PAC 1 PIECE ARROW PH HEAD PS SHAFT PC REVERSIBLE CURVED SHAFT 1'-0" 4'-3" 1'-0" 3'-0" 3'-0" 7'-9" 1 PIECE CURVED ARROW 2'-5"3'-6"ARROW HEIGHT 2'-10" 2'-10" 5-3/4" 6'-0" 6'-8" 2'-10" 2'-10" 2'-10" 5-3/4" 6'-0" DRIVETHRU 10'-0"6"6" TYPE IS POSITIONED VERTICALLY SO BASE OF TYPE ALIGNS WITH HORIZONTAL EDGE OF PATH STRIPING (DASHED LINE DOES NOT PRINT) TYPE IS POSITIONED VERTICALLY SO BASE OF TYPE ALIGNS WITH HORIZONTAL EDGE OF PATH STRIPING (DASHED LINE DOES NOT PRINT) YELLOW PAINT STRIPING AGAINST THE OUTER EDGE OF THE ENTIRE DRIVE-THRU PATH END OF PATH "THANK YOU" AND "DRIVE-THRU" NO ARROW TYPE IS POSITIONED HORIZONTALLY CENTERED WITHIN THE 10' PATH. PAINT TO MATCH PANTONE PMS 123 YELLOW. 5-3/4" CIRCLE IS POSITIONED HORIZONTALLY CENTERED ABOVE TYPE ARROW IS POSITIONED VERTICALLY AND HORIZONTALLY INSIDE OF CIRCLE ARROW ART KNOCKS OUT SO THAT ARROW IS THE COLOR OF THE PAVEMENT DRIVE-THRU AND ARROW LETTERS AND CIRCLE PAINT TO MATCH PANTONE PMS 123 YELLOW. TYPE ALIGNS CENTERED 2'-10" NOTE: ALL TRAFFIC FLOW ARROWS TO BE SOLID WHITE REFLECTIVE TRAFFIC PAINT PER DIMENSIONS SHOWN. TYPICAL PAVEMENT MARKINGS N.T.S. DOWEL SLEEVE (CLOSED END) TO FIT DOWEL AND BE SECURED DOWEL SLEEVE (CLOSED END) TO FIT DOWEL AND BE SECURED WHEN USED ON HIGH SIDE OF ROADWAYS, THE CROSS SLOPE OF THE GUTTER SHALL MATCH THE CROSS SLOPE OF THE ADJACENT PAVEMENT. THE THICKNESS OF THE LIP SHALL BE 6", UNLESS OTHERWISE SHOWN ON PLANS. * *** 6" 6" * FOR LOW POINT OF MIAMI CURB. FOR LOW POINT OF TYPE F CURB & GUTTER***SPILL TYPE CURB & GUTTER AT SLOPE OF PAVEMENT STANDARD CONCRETE CURB & GUTTER VERTICAL CURB CAUTION: BAGGED INLET PROTECTION REQUIRES ADDITIONAL MAINTENANCE TO ENSURE THAT THE BMP FUNCTIONS PROPERLY AND DOES NOT CAUSE FLOODING. 12" X C D C DIMENSION & TYPE X D 6" X Concrete Section Loading/Dumpster paving (min.) w/ wire mesh 4000 PSI conc. 2 1 / 2 " MI N . 1 3/8" 2" 3/4" 1 1 / 4 " 1'-6"3" 8" 1'-0" C of parking space 1'-8" R 8" L 2' - 0 " R 23°1'- 0 " 2' - 0 " 5° 6" R. 4" t y p 1'-0" Limerock Base Asphaltic Concrete Drive Aisle A B C DIMENSION & TYPE 2" A CB 6"12" Parking 2"6"12"Drive-thru 6"12" 3' 6' 1' NOTE: STRIPING TO BE SOLID WHITE. STANDARD RED AND WHITE SIGN ONLY ONLY R1-1 30" X 30" R5-1 30" X 30" R3-2 24" X 24" R3-1 24" X 24" R3-5L 30" X 36" R3-5R 30" X 36" Compacted subgrade to a min. 40 LBR compact to a min. density of 98% of the modified proctor max. dry density (AASHTO T-180) SYMBOL AS SPECIFIED BY LOCAL CODES N.T.S. N.T.S. N.T.S. CURB INLET PROTECTION DETAIL N.T.S. 2" X 4" VERTICAL SUPPORT EACH CORNER (INSTALL TO ALLOW GRATE REMOVAL) WIRE FILTER FABRIC (RUN UNDER 2" X 4" AND INSIDE FRAME AND STAPLE IT TO SAME) 2" X 4" TAP CON, 16" O.C., 3/16" X 2-3/4" (TYPICAL ALL SIDES) RUN FILTER FABRIC UNDER GRATE & OVER STRUCTURE NOTES: 1. FASTEN FRAMING TO STRUCTURE TO ALLOW GRATE REMOVAL. 2. LEAVE EXPOSED EDGE TO ALLOW FOR PAVING TO GRADE. GEOTEXTILE BAG INLET PROTECTION DETAIL N.T.S. GEOTEXTILE BAG OVERFLOW HOLES 2"X2"X3/4" RUBBER BLOCK (TYP) PROFILE VIEW OF INSTALLED FILTER SACK GRAB TENSILE STRENGTH GRAB TENSILE ELONGATION PUNCTURE MULLEN BURST TRAPEZOID TEAR UV RESISTANCE APPARENT OPENING SIZE FLOW RATE PERMITTIVITY PROPERTIES TEST METHOD UNITS ASTM D-4632 ASTM D-4632 ASTM D-4833 ASTM D-3786 ASTM D-4533 ASTM D-4355 ASTM D-4751 ASTM D-4491 ASTM D-4491 300 LBS 20 % 120 LBS 800 PSI 120 LBS 80 % 40 US SIEVE 40 GAL/MIN/SQ FT 0.55 SEC -1 GRAB TENSILE STRENGTH GRAB TENSILE ELONGATION PUNCTURE MULLEN BURST TRAPEZOID TEAR UV RESISTANCE APPARENT OPENING SIZE FLOW RATE PERMITTIVITY PROPERTIES TEST METHOD UNITS ASTM D-4632 ASTM D-4632 ASTM D-4833 ASTM D-3786 ASTM D-4533 ASTM D-4355 ASTM D-4751 ASTM D-4491 ASTM D-4491 LOW TO MODERATE FLOW GEOTEXTILE FABRIC SPECIFICATION TABLE MODERATE TO HIGH FLOW GEOTEXTILE FABRIC SPECIFICATION TABLE 265 LBS 20 % 135 LBS 420 PSI 45 LBS 90 % 20 US SIEVE 200 GAL/MIN/SQ FT 1.5 SEC -1 INLET GRATE 1/4" BRIGHTLY COLORED NYLON ROPE EXPANSION RESTRAINT ISOMETRIC VIEW SECTION VIEW SECURE RECTANGULAR BAR TO OR UNDER SURROUNDING SURFACE. DE P T H = D FINISH GRADE 1. REMOVE TRAPPED SEDIMENT WHEN BRIGHTLY COLORED EXPANSION RESTRAINT CAN NO LONGER BE SEEN. 2. GEOTEXTILE SHALL BE A WOVEN POLYPROPYLENE FABRIC THAT MEETS OR EXCEEDS REQUIREMENTS IN THE SPECIFICATIONS TABLE. 3. PLACE AN OIL ADSORBENT PAD OR PILLOW OVER INLET GRATE WHEN OIL SPILLS ARE A CONCERN. 4. INSPECT PER REGULATORY REQUIREMENTS. 5. THE WIDTH, "W", OF THE FILTER SACK SHALL MATCH THE INSIDE WIDTH OF THE GRATED INLET BOX. 6. THE DEPTH, "D", OF THE FILTER SACK SHALL BE BETWEEN 18 INCHES AND 36 INCHES. 7. THE LENGTH, "L", OF THE FILTER SACK SHALL MATCH THE INSIDE LENGTH OF THE GRATED INLET BOX. 8. EXTRA CARE SHALL BE TAKEN TO ENSURE REGULAR MAINTENANCE OF FILTER SACKS USED IN RIGHT OF WAY TO ENSURE ADEQUATE DRAINAGE CAPACITY. WAUSAU TILE ALUMINUM FENCE PANEL McDONALD'S PATTERN Size: 55" x 1" x 32" high Weight: 45 Lbs. Material: Powder coated aluminum Powder Coating Colors: Silk Gray - RAL7044; Beige Gray - RAL7006; Bronze; Black FENCE PANEL PLAN VIEW FENCE PANEL PROFILE VIEW SECTION VIEW POST PLAN VIEW POST PROFILE VIEW DOWEL TO BE LUBRICATED MENU BOARD TO CONFORM TO DELRAY BEACH COUNTY LAND DEVELOPMENT CODE TRANSITION FROM LOW POINT OF GUTTER TO SLOPE OF PAVEMENT. COMP. GRANULAR FILL SEE SPECIFICATIONS BUILDING FOUNDATION EXPANSION JOINT W/ SEALANT CONCRETE WALKCONCRETE TO BE RAISED FOR PROPER WATER RUN OFF 4" DIAMETER STEEL PIPE FILLED w/ CONC. PAINTED TO MATCH BUILDING COLOR AND EM- BEDDED IN CONC. BASE BITUMINOUS JOINT AROUND PIPE TOP OF SLAB OR ASPHALT NOTE: BOLLARDS REQ'D AT BLDG. CORNERS. FIRE HYDRANTS, WATER METER, GAS METER, SPRINKLER RISER, SHOWN TRANSFORMER & ALL UTILITIES AT LOCATIONS SHOWN ON THESE DRAWINGS INTERIOR & EXTERIOR. Greenstreak Paving Cap Seal Profile #610 - See specifications for additional information. Compacted subgrade to a min. 40 LBR compact to a min. density of 98% of the modified proctor max. dry density (AASHTO T-180) LOOPS SIZED FOR 2"X1/4" RECTANGULAR BAR. LIFT FILTER BAG FROM INLET USING RECTANGULAR BAR FOR HANDLES. 1/4" BRIGHTLY COLORED NYLON ROPE EXPANSION RESTRAINT LOOPS SIZED FOR 1" REBAR. USE REBAR FOR A HANDLE TO EMPTY FILTER SACK AT A SEDIMENT COLLECTION LOCATION. N.T.S. DRIVE-THRU PARKING SIGN MOVEABLE SIGN IN-GROUND SIGN PULL FORWARD SIGNS ARE ONLY TO BE ORDERED THROUGH McDONALD'S APPROVED SIGNAGE VENDORS. RECOMMENDATION IS TO USE PERMANENT IN-GROUND BASE AS FIRST CHOICE WHENEVER POSSIBLE. THE BASE OF THE SIGN HAS TO BE POSITIONED FREE AND CLEAR OF ANY ACCESSIBLE RAMPS AND NOT CREATE A BARRIER IN ALLOWING PROPER ADA CLEARANCES FOR CUSTOMER ACCESS TO THE BUILDING. COORDINATE ALL REQUIRED IN-GROUND INSTALLATION WORK WITH QUALIFIED GC. STANDARD INSTALLATION DETAILS WILL BE PROVIDED BY SIGNAGE VENDORS FOR REFERENCE. R e s e r v e d D r i v e - T h r u 1 R e s e r v e d D r i v e - T h r u 1 2'-6" 7'-0" 4" DIA. GROUT FILLED PIPE BOLLARD (PAINT PIPE & EXPOSED CONC. YELLOW PMS 123C) 1-1/2" DIA. GALV. PIPE SLOPE TO DRAIN DISABLED PERMIT ONLY PARKING BY $ 250 FINE F.S. 316.008(4) VAN ACCESSIBLER7-8P R7-8 6" 6" 18 " 12" or Crushed Concrete PAINTED TRAFFIC YELLOW SIDEWALK RAMP TYPE A N.T.S. SIDEWALK RAMP TYPE B 1:12RAM P FDOT INDEX 304 CR-F. 5 ' S T D . S I D E W A L K 0. 0 2 .02 2 ' R RAMP WIDTH (4' MIN) SEE S I T E P L A N 60" M I N . W I D T H 4" RAMP PAVEMENT H RAMP1:12 1:12 6" S E E S I T E P L A N FDOT INDEX 304 CR-C. RAMP AND SIDEWALK CURB 4" THICK CONCRETE SIDEWALK SECTION SIDEWALK CURB 6" X H MONOLITHIC CAST CURB OR 6" X 12" SEPARATELY CAST CURB LANDING 5' MIN. CONCRETE CURB & GUTTER (TYPE F) 2' M I N . N.T.S. CURB PAINTED TRAFFIC YELLOW (TYPICAL) LANDING 5' MIN. www.cphcorp.com Architects Engineers Environmental Landscape Architects M / E / P Planners Structural Surveyors Traffic / Transportation Offices in: ·Florida ·Puerto Rico ·Connecticut ·Maryland A Full Service A & E Firm ONLY ONLY 1992 SW 1st. St. Miami, FL 33135 Ph: 305.274.4805 Licenses: Eng. C.O.A. No. 3215 Survey L.B. No. 7143 Arch. Lic. No. AA2600926 Lndscp. Lic. No. LC0000298 CPH, Inc. Plans Prepared By: ACCESSIBLE PARKING SIGNS IN BOLLARDS PER REQUIREMENTS 4" WIDE WHITE STRIPES @ 45°, 5' ON CENTER SEE ACCESSIBLE SYMBOL DETAIL (TYPICAL) 2" WH I T E 4" BL U E 4" 2" WH I T E 4" BL U E 4" 2" WH I T E 4" BL U E 4" 2" WH I T E 4" BL U E 4" LI N T O N M R P CI T Y O F D E L R A Y B E A C H / F L O R I D A CODE: 009-1060 McDONALD'S PROJECT Ma r . 2 0 1 6 M2 9 9 0 7 . M R P JD H JD H RM M JM M JO S H U A D . L O C K H A R T , P . E 74 0 1 1 BL U E 4" WH I T E 2" BL U E 2"4"4" 1" = 10' ACCESSIBLE PARKING DETAIL 6" 8'-11" 13'-0" 9'-0" 79 9 10 3/8" N.T.S. RIGID DRIVE-THRU CANOPY W/ CUSTOMER ORDER DISPLAY (COD) 9FT. CLEARANCE JD L Pe r C i t y C o m m e n t s 10 / 2 4 / 1 6 JD L Pe r C i t y C o m m e n t s 01 / 2 4 / 1 7 12 McDONALD'S WA T E R F O R D P L A C E SOD SA DWARF SCHEFFLERA SCHEFFLERA ARBORICOLA 'TRINETTE'3 GAL., 24" MIN. HT., FULL, 24" O.C.38 TREES PLANT LIST SYM.COMMON NAME BOTANICAL NAME DESCRIPTION QTY ALL OPEN SPACE AREAS WITHIN THE PROPERTY SHALL BE SODDED UNLESS PAVED, SEEDED AND MULCHED OR PLANTED WITH SHRUBS AND GROUND COVER. IF SPECIFIED PLANTS ARE UNAVAILABLE AT TIME OF CONSTRUCTION, CONTRACTOR MAY REPLACE SPECIFIED PLANTS WITH PLANTS APPROVED BY LANDSCAPE ARCHITECT AND CITY STAFF. NOTE: PLANT DESCRIPTIONS ARE FOR MINIMUM ACCEPTABLE SPECIFICATIONS. ALL CRITERIA LISTED FOR CONTAINER SIZE, CALIPER, HEIGHT, SPREAD, ETC. MUST BE MET FOR PLANT MATERIAL ACCEPTANCE. FOR EXAMPLE, IF A THREE GALLON SHRUB DOES NOT MEET THE HEIGHT OR SPREAD SPECIFICATION, IT WILL NOT BE ACCEPTED. SHRUBS / GROUNDCOVER EX EXISTING TREES TO REMAIN CONTRACTOR SHALL REPLACE ANY EXISTING SOD OR OTHER PLANT MATERIALS DAMAGED DURING CONSTRUCTION IN AREAS THAT ARE OUTSIDE PROPOSED LANDSCAPE AS SHOWN ON THE PLAN. CONTRACTOR TO MODIFY EXISTING IRRIGATION SYSTEM TO INSURE ADEQUATE IRRIGATION FOR ALL NEW PLANT MATERIAL DT VARIEGATED BLUEBERRY FLAX DIANELLA TASMANICA 'VARIEGATA'1 GAL, 12" H X 4" SPR, 18" OC 26 PR SILVER EUROPEAN FAN PALM CHAMAEROPS HUMILIS CERIFERA 15 GAL., 3' O.A.2 IV DWARF BURFORD HOLLY ILEX CORNUTA 'BURFORDII NANA'3 GAL., 12" MIN. HT., 12" SPRD., 30" O.C.25 SOD ST. AUGUSTINE GRASS STENOTAPHRUM SECUNDATUM SOLID SOD, CONTRACTOR TO VERIFY QTY. HEDGES / ACCENT CA CRINUM LILY CRINUM AMERICANUM 7 GAL, 3' H X 30" SPR 12 R LI N T O N M R P CI T Y O F D E L R A Y B E A C H / F L O R I D A LA N D S C A P E P L A N CODE: 009-1060 McDONALD'S PROJECT 6 AS S H O W N AP R I L 2 0 1 6 M2 9 9 0 7 . M R P AR S RE S MD S MD S 5 4 3 2 1 By Re v i s i o n 2 0 1 7 C L-1 Sheet No. Da t e : Jo b N o . : Sc a l e : No . Da t e Ch e c k e d b y : Ap p r o v e d b y : De s i g n e d b y : Dr a w n b y : J: \ M 2 9 9 0 7 . M R P \ L a n d s c a p e \ D W G \ P r e l i m i n a r y D e s i g n \ P l a n s \ M 2 9 9 0 7 - L S P . d w g F e b 0 3 , 2 0 1 7 - 1 : 5 2 p m r s m i t h www.sunshine811.com www.cphcorp.com Architects Engineers Environmental Landscape Architects M / E / P Planners Surveyors Traffic / Transportation Offices in: ·Florida ·Puerto Rico ·Connecticut ·Maryland A Full Service A & E Firm 1992 SW 1st. St. Miami, FL 33135 Ph: 305.274.4805 Licenses: Eng. C.O.A. No. 3215 Survey L.B. No. 7143 Arch. Lic. No. AA2600926 Lndscp. Lic. No. LC0000298 CPH, Inc. Plans Prepared By: SHRUB/GROUNDCOVER SPACING PLAN EDGE OF BEDLINE NOTE: LOCATE PLANTS IN A TRIANGULAR PATTERN AS SHOWN, SPACED EQUIDISTANT FROM EACH OTHER (AT SPACING SPECIFIED IN THE PLANT LIST). EDGE OF PAVEMENT OR CURB N.T.S. GRASS DD D Four (4) foot high solid orange construction fencing shall be installed encompassing the drip line of each tree, or one foot in diameter for each inch of trunk diameter, whichever is greater. When surveyed fencing shall be moved to the edge of the tree protection area (TPA) as indicated on plans and be maintained through completion of construction. Landscaping within TPA shall not disturb existing soil profiles. Eight inches of potting soil shall be imported and evenly spread to provide a planting medium within TPA. Pruning shall be completed under direct observation by the Designated Forester of CPH Engineers, Inc. or owner designated ISA certified arborist and be accomplished by an arborist with five years or more experience pruning live oaks to ISA standards. Arborist must obtain approval from the owner prior to commencement of pruning activities. Two week advance notification is required. Saved trees shall be pruned to remove dead and damaged wood, correct structural defects and to provide access and visibility. Utility lines and/or irrigation lines shall not occur within the TPA. Roto-tilling, disking, root raking or other clearing methods that disturb the soil profile are expressly prohibited. Brush and weeds occuring within the TPA shall be cleared by hand or utilizing only the mower of a light wheeled farm tractor (less than 60 hp). During such activities soil profiles shall not be disturbed. Grade changes shall not occur within the TPA. No fill shall be added, removed or stored within the TPA with exception of prescribed potting soil (see item 10). All equipment and/or materials are prohibited within the TPA. Including but not limited to cement wash-out, chemicals, fuel or equipment servicing. Where the TPA occurs within 10 feet of the tree trunk, a trenching device shall be used to sever tree roots. Root raking shall not occur before roots have been cleanly severed. 8. 9. 10. 1. 6. 7. 5. 4. 2. 3. TREE PROTECTION NOTES: STEEL TEE POST W/ CAPS WIRE MESH W/ TWISTED WIRE DRIVE INTO GROUND, 8' O.C. (ATTACH 2" X 2", INSTALLED AT 14.5 GAUGE WIRE MESH FENCE, @ TREE DRIPLINE DRIPLINE OF TREE IS THE EXTENT OF ITS LIMITS 8' TYP. 4' 2' ORANGE FLAGGING TAPE @ 30" O.C. TREE PROTECTION DETAIL N.T.S. SCALE: 1"= 20' 10 20 400 LANDSCAPE NOTES: 1.The landscape Contractor shall be responsible for all materials and all work as called for on the Landscape Plans and in the Landscape Specifications. In the event of variation between quantities shown on plant list and the plans, the plans shall control. The Landscape Contractor shall verify all quantities and report any discrepancies at the time of bidding. 2.The Landscape Contractor shall review architectural/engineering plans and become thoroughly familiar with surface and subsurface utilities. 3.Prior to construction, the contractor shall be responsible for locating all underground utilities and shall avoid damage to all utilities during the course of the work. Locations of existing buried utility lines shown on the plans are based upon best available information and are considered to be approximate. It shall be the responsibility of the contractor 1) to verify the locations of utility lines within and adjacent to the work area 2) to protect all utility lines during the construction period 3) to repair any and all damage to utilities, structures, site appurtenances, etc. which occurs as a result of the construction 4) To field adjust the location of proposed trees and palms 10' off the center of the utility lines. Notify the Landscape Architect if a 10' offset does not function. 4.The work shall be coordinated with other trades to prevent conflicts. Coordinate the planting with the irrigation work to assure availability and proper location of irrigation items and plants. 5.Contractor shall ensure that there are no visual obstructions to vehicle lines of sight and traffic controls. Contractor shall field adjust tree and/or large shrub locations to avoid any such obstructions. 6.Trees shall be maintained by the owner to avoid future such obstructions by pruning trees and/or shrubs as necessary utilizing horticulturally sound techniques. 7.All planting shall be performed by personnel familiar with planting procedure and under the supervision of a qualified planting foreman. 8.All plant material shall be graded Florida No. 1 or better as outlined under Grades and Standards for Nursery Stock, Part I and II, published by the Florida Department of Agriculture and Consumer Services. 9.The Landscape Architect or Owner shall have the right, at any stage of the operations, to reject any and all work and materials which, in his opinion, do not meet with the requirements of these specifications. 10.Except as otherwise specified, the Landscape Contractor's work shall conform to accepted horticultural practices as used in the trade. 11.The minimum acceptable size of all plants, measured after pruning, with branches in normal positions, shall conform to the measurements specified on the plant list or as indicated on the landscape drawing. Height and spread dimensions refer to main body of the plant and not extreme branch tip to tip. Trunk caliper (trunk diameter) is measured 6 inches from the ground on trees up to and including 4 inches in caliper, and 12 inches from the ground for larger trees. Since trunks are seldom round, the average of the largest diameter and that perpendicular to it is referred to as caliper. 12.Plants shall be protected upon arrival at the site, by being thoroughly watered and properly maintained until planted. 13.All tree pits shall be excavated to size and depth in accordance with the Florida Grades & Standards for Nursery Stock, unless shown otherwise on the drawings, and backfilled with the specified planting soil. The Landscape Contractor shall test fill all tree pits with water before planting to assure proper drainage percolation is available. 14.The Landscape Contractor shall be responsible for proper watering of all plants. All plants shall be thoroughly watered at time of planting and kept adequately watered until time of acceptance. It shall be the Landscape Contractor's responsibility to assure that plants are not over watered. 15.It shall be the Landscape Contractor's responsibility to prevent plants from falling or being blown over, to re-straighten and replant all plants which lean or fall and to replace all plants which are damaged due to lack of proper guying or staking. The Landscape Contractor shall be legally liable for any damage caused by instability of any plant material. 16. All Palms to be staked as indicated per Palm staking details. All other trees to be stabilized utilizing 8' lodge poles per tree planting details. 17.Plants blown over by high winds, within the guaranteed period, shall not be cause for additional expense to the Owner, but shall be the responsibility of the Landscape Contractor. Damaged plants shall be replaced by the Landscape Contractor at no additional cost to the Owner. 18. Sod shall be of a species specified on the drawings and originate from a commercial turf grower.  It shall be a dense stand of live turf, reasonably free of weeds, well matted with grass roots in rectangles 12 inch by 24 inch or in 12 inch wide rolls in a length consistent with the equipment and methods used to handle the rolls and place the sod.  Any netting contained within the sod shall be certified by the manufacturer to be bio-degradable.  The soil and root mat shall be a minimum of 1-1/2 inch thick and must hold together during placement.  Sod shall be place adjacent to one another to avoid gaps and overlaps.  Joints shall be staggered between the rows.  Sod placed on slopes exceeding 3:1 shall be pinned with turf staples.  Sod turf, shall have been mowed a minimum of one week prior to cutting and delivery, so that the length of the turf is no longer than 4 inches at time of delivery.  Place sod within 48 hours of cutting the sod.  The sod shall be kept moist throughout the 48 hour period to maintain the health and viability of the sod.  Submit a letter of certification to the Owner's CEI Representative, at time of delivery, as to the source of the sod, the time it was cut, the species and cultivar provided, last mowing date, and that the sod is free of fire ants.  Sod which has been cut for longer than 48 hours after being cut shall not be used unless specifically authorized by Owner's CEI Representative. It shall be the Contractor's responsibility to measure and determine the exact quantity of sod required for a complete job at the time of bidding or providing a price quote.  The Owner shall not be responsible for additional cost due to the Contractor's under estimating of the quantity of sod for the original bid area. 19.The Landscape Contractor shall insure adequate vertical drainage in all plant beds, planters, and sod areas. Vertical drilling through any compacted fill to native soil shall be accomplished to insure drainage. If well drained fill is necessary to assure positive drainage, this issue shall be brought up by the Landscape Contractor at time of bidding. 20.The Landscape Contractor shall insure that his work does not interrupt established or projected drainage patterns. 21.The Landscape Contractor shall prune, shape and remove dead foliage/limbs from existing plant material to remain. Confirm with the Landscape Architect or Owner the extent of work required at time of Bidding. 22.Mulch - All plant beds shall be top dressed with 4" shredded hardwood mulch (or approved equal). 23. Transplanted Material - The Landscape Contractor shall be responsible for determining and evaluating which plant materials are suitable for transplanting and shall verify this with the Landscape Architect or Owner. The Landscape Contractor shall take all reasonable, horticulturally acceptable measures to assure the successful transplanting of determined plant materials. The Landscape Contractor shall be responsible for replacing any relocated plant materials which die if such measures are not taken, as determined by the Landscape Architect or Owner. Replacement plants shall be of identical species and size if required. 24. MAINTENANCE PRIOR TO FINAL INSPECTION AND ACCEPTANCE: Maintenance shall commence after each plant is planted and the maintenance period shall continue until the job or specific phase of the job is accepted by the Landscape Architect or Owner. Extreme care shall be taken to instruct the Owner or his representatives in general maintenance procedures. Plant maintenance shall include watering, pruning, weeding, cultivating, mulching, tightening, and repairing of guys, replacement of sick or dead plants, resetting plants to proper grades or upright positions and restoration of the planting saucer and all other care needed for proper growth of the plants. During the maintenance period and up to the date of final acceptance, the Landscape Contractor shall do all seasonal spraying and/or dusting of trees and shrubs. Upon completion of all planting, an inspection for acceptance of work will be held. The Landscape Contractor shall notify the Landscape Architect or Owner for scheduling of the inspection 10 days prior to the anticipated date. At the time of the inspection, if all of the materials are acceptable, a written notice will be given by the Landscape Architect or Owner to the Landscape Contractor Stating the date when the Maintenance Period ends. GUARANTEE AND REPLACEMENT: All plant materials shall be guaranteed for one (1) year from the time of final inspection and interim acceptance shall be alive and in satisfactory growth for each specific kind of plant at the end of the guaranteed period. At the end of the guarantee period, any plant required under this contract that is dead or not in satisfactory growth, as determined by the Owner or the Landscape Architect, shall be removed and replaced. Replacement plants shall have an extended guarantee, as noted above, from time of replacement. All replacements shall be planted of the same kind and size as specified on the plant list. They shall be the responsibility of the Landscape Contractor. 25. TOPSOIL Topsoil shall be natural, friable, fertile, fine loamy soil possessing characteristics of representative topsoil in the vicinity that produces heavy growth. Topsoil shall have a pH range of 5.5 to 7.4, free from subsoil, objectionable weeds, litter, sods, stiff clay, stones larger than 1-inch in diameter, stumps, roots, trash, toxic substances, or any other material which may be harmful to plant growth or hinder planting operations. Top soil shall contain a minimum of three percent organic material. 26. UNSUITABLE SUBSOILS Locations containing unsuitable subsoil shall be treated by one or more of the following: A.Where unsuitability is deemed by Owner or Owner's Representative to be due to excessive compaction caused by heavy equipment and where natural subsoil is other than AASHTO classification of A6 or A7, loosen such areas with spikes, discing, or other means to loosen soil to condition acceptable to Owner. Loosen soil to minimum depth of 12 inches with additional loosening as required to obtain adequate drainage. Contractor may introduce peat moss, sand, or organic matter into the subsoil to obtain adequate measures shall be considered as incidental, without additional cost to Owner. B.Where unsuitability is deemed by Owner or Owner's Representative to be due to presence of boards, mortar, concrete, graded aggregate base, or other construction materials in sub grade and where natural subsoil is other than AASHTO classification of A6 or A7, remove debris and objectionable material. Such remedial measures shall be considered as incidental, without additional cost to Owner. C.Where unsuitability is deemed by Owner to be because natural subsoil falls into AASHTO classification of A6 or A7 and contains moisture in excess of 30 percent, then installation of sub drainage system or other means described elsewhere in Specifications shall be used. Where such conditions have not been known or revealed prior to planting time and they have not been recognized in preparation of The Drawings and Specifications, then Owner shall issue pricing order to install proper remedial measures. D.Planting beds where existing subsoil is determined by Owner to be unsuitable for plant growth in accordance paragraph Unsuitable Subsoil herein shall be excavated to a depth of 12 inches or as needed to provide adequate drainage. Replace excavated soil with planting soil. TREE PROTECTION FENCE REFER TO DETAIL THIS SHEET FL . L A 6 6 6 6 7 8 0 Ma x w e l l D . S p a n n , R L A F e b 0 3 , 2 0 1 7 OVERHEAD UTILITIES & 25% ORGANIC COMPOST SOIL BERM MINIMUM 4" MULCH UNDISTURBED SUBSOIL BACKFILL MIXED WITH 75% APPROVED TOPSOIL -PROVIDE MINIMUM PIT CLEARANCE AROUND ROOT BALL OF 6" SIDES AND BOTTOM. -MAINTAIN 3"-4" MULCH FREE ZONE AROUND BASE OF PLANT. IF SHRUB IS B & B, THEN REMOVE BURLAP & ROPE FROM TOP 1/3 OF BALL NTS SHRUB PLANTING DETAIL DT 6 IV 14 DT 20 7 TREE PROTECTION FENCE REFER TO DETAIL THIS SHEET SA 38 CA 12 IV 11 EXISTING LANDSCAPE TO REMAIN. CONTRACTOR TO REPLACE ANY DAMAGED MATERIAL TO MATCH EXISTING SIZE AND SPECIES OF LANDSCAPE MATERIALS. EXISTING LANDSCAPE TO REMAIN. CONTRACTOR TO REPLACE ANY DAMAGED MATERIAL TO MATCH EXISTING SIZE AND SPECIES OF LANDSCAPE MATERIALS. SCALE: 1/4" =1'-0" SOUTH ELEVATION SCALE: 1/4" =1'-0" WEST ELEVATION ELEVATION T/SLAB 0'-0" ELEVATION T/CORNICE + 17'-11" ELEVATION T/DOOR/WINDOW + 8'-0" ELEVATION 0'-0" FINISH FLOOR ELEVATION + 17'-11" T/CORNICE ELEVATION T/SLAB 0'-0" ELEVATION T/CORNICE + 17'-11" ELEVATION T/DOOR/WINDOW + 8'-0" ELEVATION B/WINDOW + 1'-2" ELEVATION 0'-0" FINISH FLOOR ELEVATION + 8'-0" T/DOOR/WINDOW ELEVATION + 1'-2" B/WINDOW ELEVATION + 17'-11" T/CORNICE KEY NOTESCOLOR LEGEND GRAY SCHEME WHITE SAND OC-10CORNICE: (ALL COLORS ARE PER BENJAMIN MOORE PAINTS, U.N.O.) STORM CLOUD GRAY BM-2140-40 IRON MOUNTAIN 2134-30 BASE BUILDING: BUILDING ACCENT: EW C ES ELEVATION T/ROOF + 29'-0" ELEVATION T/ROOF + 29'-0" W1EW EW ES ESESES BF SE RF RF SEERER SE RF RF RF RF S ELEVATION B/WINDOW + 1'-2" XXXX ES ES SE C BF BFRF BF CC BFBF SE RF BFES ES ES ESES SE RF EW EW EW EW TLCS CSTL W1 W1 W1 W1 ES BF ESERESESES ESED SE RF ERES ES ES EXISTING PIPE BOLLARD - PAINTED YELLOW EXISTING ALUMINUM GUARD RAIL EXISTING PASS-THRU COIN COLLECTOR EXISTING HOLLOW METAL DOOR - PAINTED BASE BUILDING COLOR EXISTING WINDOW ASSEMBLY EXISTING ALUMINUM GUTTER & DOWNSPOUT - PAINTED COLOR: BUILDING BASE EXISTING STUCCO FINISH WITH NEW PAINT FINISH COLOR: 1 = BUILDING BASE 2 = BUILDING ACCENT EXISTING STUCCO REVEALS NEW STUCCO FINISH; TEXTURE TO MATCH EXISTING COLOR: 1 = BUILDING BASE 2 = BUILDING ACCENT 3 = CORNICE EXISTING TERRA COTTA BARREL TILE OVER EXISTING MANSARD ROOF FRAMING McDONALD'S SIGNAGE BY OTHERS - UNDER SEPARATE PERMIT. EXISTING STUCCO JOINT TO REMAIN EXISTING SOFFIT TO REMAIN. NEW PAINT COLOR: CORNICE METAL COPING - COLOR TO MATCH SURROUNDING MATERIAL CO2 = BULK CO2 FILL BOX (EQPM SCHEDULE ITEM 49.00) BO = BULK OIL FILL BOX (EQPM SCHEDULE ITEM 700.18) CONFIRM USE WITH MCD PROJECT MANAGER FILL BOX NEW EXTERIOR WINDOW ASSEMBLY - HIGH-IMPACT TEMPERED GLASS - SEE ASSEMBLY NOTES A3.0 SLIDE DIRECTION: RL = RIGHT TO LEFT LR = LEFT TO RIGHT EXISTING DRIVE-THRU WINDOW SLIDE DIRECTION: LR = LEFT TO RIGHT NEW DRIVE-THRU WINDOW BY READY ACCESS, 275 SERIES; CONFIRM OPTIONS, AND SIZE WITH MCD PROJECT MANAGER OPTIONS INCLUDE: TRANSOM (SHOWN ON ELEVATION) T = TEMPERED GLAZING; HIGH IMPACT SIGNAGE SUPPORT NOTE: UNIBODY FASCIA SIGN WALL SUPPORTS TO BE VERIFIED WITH McDONALD'S AREA CONSTRUCTION MANAGER AND COORDINATED WITH SIGN MANUFACTURER. HORIZONTAL MOVEMENT JOINT; CAULK JOINT, COLOR TO MATCH GROUT NEW STUCCO JOINT (RMHC) COIN COLLECTOR - UNIT #WPT DT 2000 CMU CALL 1-888-743-7435 TO ORDER. REFER TO A5.0 1 A3.1 2 A3.0 1 A3.0 METAL STUD INFILL ELEVATION T/BRAND WALL + 19'-3" ELEVATION + 19'-3" T/BRAND WALL A2.0 EXISTING ELEVATIONS JR MD G / J A B DA T E Mc D o n a l d ' s U S A , L L C Th e s e d r a w i n g s a n d s p e c i f i c a t i o n s a r e t h e c o n f i d e n t i a l a n d p r o p r i e t a r y pr o p e r t y o f M c D o n a l d ' s U S A , L L C a n d s h a l l n o t b e c o p i e d o r r e p r o d u c e d wi t h o u t w r i t t e n a u t h o r i z a t i o n . T h e c o n t r a c t d o c u m e n t s w e r e p r e p a r e d f o r u s e on t h i s s p e c i f i c s i t e i n c o n j u n c t i o n w i t h i t s i s s u e d a t e a n d a r e n o t s u i t a b l e f o r us e o n a d i f f e r e n t s i t e o r a t a l a t e r t i m e . U s e o f t h e s e d r a w i n g s f o r r e f e r e n c e or e x a m p l e o n a n o t h e r p r o j e c t r e q u i r e s t h e s e r v i c e s o f p r o p e r l y l i c e n s e d ar c h i t e c t s a n d e n g i n e e r s . R e p r o d u c t i o n o f t h e c o n t r a c t d o c u m e n t s f o r r e u s e on a n o t h e r p r o j e c t i s n o t a u t h o r i z e d . DR A W N B Y DA T E I S S U E D ST D I S S U E D A T E RE V I E W E D B Y PR E P A R E D F O R : c PR E P A R E D B Y RE V DE S C R I P T I O N BY 20 1 3 M c D o n a l d ' s U S A , L L C 5- 1 1 - 1 6 C: \ U s e r s \ m g u i m o n d \ a p p d a t a \ l o c a l \ t e m p \ A c P u b l i s h _ 1 6 5 9 6 \ 0 9 1 0 6 0 _ P e r m i t _ 2 0 1 6 - 0 4 - 0 8 _ B u i l d i n g _ 1 3 _ M 2 9 9 0 7 . M R P _ A 2 . 0 E l e v a t i o n s _ v 1 . d w g A p r 0 4 , 2 0 1 7 - 1 1 : 3 8 a m m g u i m o n d NOTE: THE SCALE OF THESE PLANS MAY HAVE CHANGED DUE TO REPRODUCTION DE S C R I P T I O N TI T L E SH E E T N O . SI T E I D SI T E A D D R E S S AR C A D E C O N V E R S I O N CA N O P Y - P A R A P E T V E R S I O N ST U C C O A R C A D E CO L O R S C H E M E : K H A K I BA S E L I N E M R P - R E T A I N E D M A N S A R D JO H N A B A E R , A I A 4 - 0 4 - 2 0 1 7 Mc D O N A L D ' S L I N T O N - M 2 9 9 0 7 . M R P 00 9 - 1 0 6 0 12 2 0 L I N T O N B L V D , D E L R A Y B E A C H , F L 3 3 4 4 5 OW N E R R E V I S I O N 1 12 / 1 3 / 1 6 JE S S . RE V I S E D B U I L D I N G C O L O R 2 02 / 0 6 / 1 7 JE S S . RE V I S E D B U I L D I N G C O L O R 3 04 / 0 4 / 1 7 3 SCALE: 1/4" =1'-0" EAST ELEVATION ELEVATION T/SLAB 0'-0" ELEVATION T/CORNICE + 17'-11" ELEVATION T/DOOR/WINDOW + 8'-0" ELEVATION 0'-0" FINISH FLOOR ELEVATION + 17'-11" T/CORNICE ELEVATION T/SLAB 0'-0" ELEVATION T/CORNICE + 17'-11" ELEVATION T/DOOR/WINDOW + 8'-0" ELEVATION B/WINDOW + 1'-2" ELEVATION 0'-0" FINISH FLOOR ELEVATION + 8'-0" T/DOOR/WINDOW ELEVATION + 1'-2" B/WINDOW ELEVATION + 17'-11" T/CORNICE ELEVATION T/ROOF + 29'-0" ELEVATION T/ROOF + 29'-0" ELEVATION B/WINDOW + 1'-2" CESBF BF CC 1'-4"1'-4" W3 4 A5.0 10'-2" ADDITION CES ESCESBFBF GR EW W2 W2 RF SE BF ES PB ES ESER ESBFER ER SE RF W1 W1 RFSE ES ER SE RF ES ER SE RF SE RF ES BF ED ED PBESERESERESERESER EW CES BFRFSE SE RF 2 A3.1 2 A3.0 ELEVATION T/BRAND WALL + 19'-3" MS W1 SCALE: 1/4" =1'-0" NORTH ELEVATION KEY NOTESCOLOR LEGEND GRAY SCHEME WHITE SAND OC-10CORNICE: (ALL COLORS ARE PER BENJAMIN MOORE PAINTS, U.N.O.) BASE BUILDING: BUILDING ACCENT: EXISTING PIPE BOLLARD - PAINTED YELLOW EXISTING ALUMINUM GUARD RAIL EXISTING PASS-THRU COIN COLLECTOR EXISTING HOLLOW METAL DOOR - PAINTED BASE BUILDING COLOR EXISTING WINDOW ASSEMBLY EXISTING ALUMINUM GUTTER & DOWNSPOUT - PAINTED COLOR: BUILDING BASE EXISTING STUCCO FINISH WITH NEW PAINT FINISH COLOR: 1 = BUILDING BASE 2 = BUILDING ACCENT EXISTING STUCCO REVEALS NEW STUCCO FINISH; TEXTURE TO MATCH EXISTING COLOR: 1 = BUILDING BASE 2 = BUILDING ACCENT 3 = CORNICE EXISTING TERRA COTTA BARREL TILE OVER EXISTING MANSARD ROOF FRAMING McDONALD'S SIGNAGE BY OTHERS - UNDER SEPARATE PERMIT. EXISTING STUCCO JOINT TO REMAIN EXISTING SOFFIT TO REMAIN. NEW PAINT COLOR: CORNICE METAL COPING - COLOR TO MATCH SURROUNDING MATERIAL CO2 = BULK CO2 FILL BOX (EQPM SCHEDULE ITEM 49.00) BO = BULK OIL FILL BOX (EQPM SCHEDULE ITEM 700.18) CONFIRM USE WITH MCD PROJECT MANAGER FILL BOX NEW EXTERIOR WINDOW ASSEMBLY - HIGH-IMPACT TEMPERED GLASS - SEE ASSEMBLY NOTES A3.0 SLIDE DIRECTION: RL = RIGHT TO LEFT LR = LEFT TO RIGHT EXISTING DRIVE-THRU WINDOW SLIDE DIRECTION: LR = LEFT TO RIGHT NEW DRIVE-THRU WINDOW BY READY ACCESS, 275 SERIES; CONFIRM OPTIONS, AND SIZE WITH MCD PROJECT MANAGER OPTIONS INCLUDE: TRANSOM (SHOWN ON ELEVATION) T = TEMPERED GLAZING; HIGH IMPACT SIGNAGE SUPPORT NOTE: UNIBODY FASCIA SIGN WALL SUPPORTS TO BE VERIFIED WITH McDONALD'S AREA CONSTRUCTION MANAGER AND COORDINATED WITH SIGN MANUFACTURER. HORIZONTAL MOVEMENT JOINT; CAULK JOINT, COLOR TO MATCH GROUT NEW STUCCO JOINT (RMHC) COIN COLLECTOR - UNIT #WPT DT 2000 CMU CALL 1-888-743-7435 TO ORDER. REFER TO A5.0 METAL STUD INFILL ES ES STORM CLOUD GRAY BM-2140-40 IRON MOUNTAIN 2134-30 A2.1 EXISTING ELEVATIONS JR MD G / J A B DA T E Mc D o n a l d ' s U S A , L L C Th e s e d r a w i n g s a n d s p e c i f i c a t i o n s a r e t h e c o n f i d e n t i a l a n d p r o p r i e t a r y pr o p e r t y o f M c D o n a l d ' s U S A , L L C a n d s h a l l n o t b e c o p i e d o r r e p r o d u c e d wi t h o u t w r i t t e n a u t h o r i z a t i o n . T h e c o n t r a c t d o c u m e n t s w e r e p r e p a r e d f o r u s e on t h i s s p e c i f i c s i t e i n c o n j u n c t i o n w i t h i t s i s s u e d a t e a n d a r e n o t s u i t a b l e f o r us e o n a d i f f e r e n t s i t e o r a t a l a t e r t i m e . U s e o f t h e s e d r a w i n g s f o r r e f e r e n c e or e x a m p l e o n a n o t h e r p r o j e c t r e q u i r e s t h e s e r v i c e s o f p r o p e r l y l i c e n s e d ar c h i t e c t s a n d e n g i n e e r s . R e p r o d u c t i o n o f t h e c o n t r a c t d o c u m e n t s f o r r e u s e on a n o t h e r p r o j e c t i s n o t a u t h o r i z e d . DR A W N B Y DA T E I S S U E D ST D I S S U E D A T E RE V I E W E D B Y PR E P A R E D F O R : c PR E P A R E D B Y RE V DE S C R I P T I O N BY 20 1 3 M c D o n a l d ' s U S A , L L C 5- 1 1 - 1 6 C: \ U s e r s \ m g u i m o n d \ a p p d a t a \ l o c a l \ t e m p \ A c P u b l i s h _ 1 6 5 9 6 \ 0 9 1 0 6 0 _ P e r m i t _ 2 0 1 6 - 0 4 - 0 8 _ B u i l d i n g _ 1 4 _ M 2 9 9 0 7 . M R P _ A 2 . 1 E l e v a t i o n s _ v 1 . d w g A p r 0 4 , 2 0 1 7 - 1 1 : 3 7 a m j s i b a y a n NOTE: THE SCALE OF THESE PLANS MAY HAVE CHANGED DUE TO REPRODUCTION DE S C R I P T I O N TI T L E SH E E T N O . SI T E I D SI T E A D D R E S S AR C A D E C O N V E R S I O N CA N O P Y - P A R A P E T V E R S I O N ST U C C O A R C A D E CO L O R S C H E M E : K H A K I BA S E L I N E M R P - R E T A I N E D M A N S A R D JO H N A B A E R , A I A 4 - 0 4 - 2 0 1 7 Mc D O N A L D ' S L I N T O N - M 2 9 9 0 7 . M R P 00 9 - 1 0 6 0 12 2 0 L I N T O N B L V D , D E L R A Y B E A C H , F L 3 3 4 4 5 OW N E R R E V I S I O N 1 12 / 1 3 / 1 6 JE S S . RE V I S E D B U I L D I N G C O L O R 2 02 / 0 6 / 1 7 JE S S . RE V I S E D B U I L D I N G C O L O R 3 04 / 0 4 / 1 7 3 Planning, Zoning, and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Abbey Delray Project Location: 2000 Lowson Boulevard Request: Class IV Site Plan, Landscape Plan, and Architectural Elevations. Board: Site Plan Review and Appearance Board Meeting Date: April 26, 2017 Board Actions: Approved the Class IV Site Plan (2017-067) with conditions on a 4 to 0 vote (Laura Sullivan and Roger Cope absent); approved the Architectural Elevations with conditions on a 4 to 0 vote; approved the Landscape Plan on a 4 to 0 vote. Project Description: The subject property consists of 25.67 acres of land, generally located on the south side of Lowson Boulevard, west of South Congress Avenue. The subject property is zoned RM (Medium Density Residential) with RM (Medium Density Residential) Future Land Use Map (FLUM) designation. The Class IV Site Plan modification is to renovate and expand an existing building located within the center of the site to add 52 assisted living beds (within 48 units) and 30 memory care beds, to update amenities and common areas, and to reconfigure and parking areas. Board comments: The Board approved the project with Staff’s conditions, as follows: Site Plan Conditions 1. The Photometric Plan indicates lighting levels of .4 and .3 at the vestibule entry to the new lobby area. The Photometric Plan must be revised to reflect code compliance prior to certification of the Site Plan. 2. No provisions for cooking can be provided within the individual units. It is noted that the proposal would not meet several LDR requirements related to permanent housing including unit size or density. To assure compliance, a note needs to be added to the Site Plan that no 220 volt circuit electrical outlets (with the exception of A/C units and laundry appliances) will be provided within the individual units that could be utilized to accommodate full-sized appliances, prior to certification. 3. Prior to site plan certification, provide revised plans that satisfactorily address the technical items identified by the Engineering Department in Appendix D. Architectural Elevations Conditions 1. Prior to site plan certification, provide revised sheets for A.2.11 and A2.12 A that depict the roof line, massing and detail shown on Sheet A-210. 2. The Roof Plan on Sheet A.141 is corrected to replace the hipped roof above an entry in the southwest portion of the building to reflect a flat roof with a parapet, as shown on the Elevations on Sheet A-210. Public Comments: 2 No public comment was provided at the meeting. 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: April 26, 2017 ITEM: Abbey Delray – Class IV Site Plan, Landscape Plan and Architectural Elevations associated with renovation and expansion of an existing building to add 48 assisted living and 30 memory care units, parking lot reconfiguration, landscaping modifications. RECOMMENDATION: Approve Class IV Site Plan with conditions, the Landscape Plan, and the Architectural Elevations with conditions GENERAL DATA: Owner/Applicant: Lifespace Communities, Inc. Agent: Lindsay Libes (WGA) Address: 2000 Lowson Boulevard Location: South side of Lowson Boulevard, west of S. Congress Ave. Property Size: 25.67 acres (1,118,003 sq.ft.) Future Land Use Map: RM (Med. Density Residential) Current Zoning: RM (Med. Density Residential) Adjacent Zoning: North: RM South: East: R-1-A MROC West: RM Existing Land Use: Assisted Living Proposed Land Use: No Change Water Service: Existing on site Sewer Service: Existing on site I T E M B E F O R E T H E B O A R D The item before the Board is the approval of the following aspects of a Class IV Site Plan Modification request for Abbey Delray, pursuant to Land Development Regulations (LDR) Section 2.4.5(F):  Site Plan;  Landscape Plan; and,  Architectural Elevations The subject property is located at 2000 Lowson Boulevard at the southwest corner of the intersection of Lowson Boulevard and South Congress Avenue. B A C K G R O U N D The subject property consists of 25.67 acres (1,118,003 square feet). It is zoned RM (Medium Density Residential) with RM (Medium Density Residential) Future Land Use Map (FLUM) designation. The site has been developed with an assisted living/nursing home use since its original approval in the mid 1970s. The first approval of a conditional use for 363 multi-family units and a 100-bed convalescence facility was in 1976 with the corresponding plan approved in 1977. Since then, the site has received numerous development approvals, including minor changes such as the addition of covered walkways and more significant development under Class III and IV modifications to expand the number of beds and to accommodate new buildings. In 1999, a Class IV modification was approved to reconstruct and enlarge the main building and add five residential buildings surrounding a small “town center” building in a campus formation. Each residential building included a nursing station as well as dining and activity/living rooms for the residents. The approval included a new conditional use to increase the number of beds from 100 to 114. Subsequent changes have been minor. A Class III modification was approved in 2014 to expand the clubhouse, center, and the Wellness Center but the proposed improvements were not constructed. Now before the Board for consideration is approval of the Class IV Site Plan Modification to expand the existing assisted living facility. The improvements propose to upgrade and expand an existing building in the center of the site. P R O J E C T D E S C R I P T I O N The development proposal consists of the following:  Renovation and significant expansion of the existing one-story, approximately 16,000 square foot Clubhouse building;  Addition of 100,439 square feet to the Clubhouse building, including new three-story building wings;  Provision of 48 additional assisted living units;  Provision of 30 additional memory care beds; SPRAB Staff Report: April 26, 2017 Abbey Delray - Class IV Site Plan, Landscape Plan and Architectural Elevations Page 2  Project includes updated and new residential common areas and on-site amenities, including the following:  Expanded dining venues  Modifications to existing preparatory kitchen  A new hair and nail salon  New fitness and aerobic rooms with access to the existing pool area  An art studio  New auditorium space  Demolition of the 6,501 square foot Abbey Center, which contains auditorium space to be replaced in the new, expanded facility.  Landscaped courtyards and outdoor spaces  Provision of 21 additional parking spaces in a reconfigured and landscaped parking area The proposed redevelopment is in the center of the site, forming a new courtyard around the existing pool and forming pedestrian walkways between new building wings and existing buildings on the site. S I T E P L A N A N A L Y S I S COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Section 4.3.4(K) Development Standards Matrix – Residential Zoning Districts: Please note the LDR Section 4.3.4(K) - Development Standards Matrix for Residential Zoning Districts which apply to Medium Density Residential (RM): RM District Required Proposed Min. Lot Size (sq.ft.) 8,000 1,118,003 Min. Lot Width (ft.) 60 1,265 Min. Lot Depth (ft.) 100 890 Min. Lot Frontage (ft.) 60 1,050 Max. Lot Coverage (%.) 40 26 Min. Open Space (%) 25 39 Min. Front Setback (ft.) 25 58 Min. Side Street Setback (ft ) 25 25 Min. Side Interior Stb k(ft) 15 70 Min. Rear Setback (ft.) 25 68 Building Height 35 ft. Max. 34 ft. All items are compliant with RM Zoning District. SPRAB Staff Report: April 26, 2017 Abbey Delray - Class IV Site Plan, Landscape Plan and Architectural Elevations Page 3 Minimum Floor Area Requirement: Pursuant to the Florida Building Code (5th Edition) published in 2014, Section 464.4.4. (Bedrooms) for assistant living facilities shall comply as follows: 464.4.4.1. – Resident sleeping rooms designated for single occupancy shall provide a minimum inside measurement of 80 sq. ft. of usable floor space. Usable floor space does not include closet space or bathrooms. 4.6.4.4.2. – Resident bedrooms designated as multiple occupancy shall provide a minimum inside measurement of 60 sq. ft. of usable floor space per room occupant. 4.6.4.4.3. – Resident bedrooms designated as multiple occupancy in facilities newly licensed or removed six months after October 17, 1999 shall have a maximum occupancy of two persons. As such, the minimum sq. ft. allowance is 120 sq. ft. for all two bedroom units. Pursuant to LDR Section 4.4.9(F)(3)(b)(1), the following table indicates that the proposal does not comply with LDR Section 4.3.4(K) - Minimum Residential Floor Area. However, it meets the minimum standards for the Florida Building Code as indicated below: Code Comparison LDRs Min. Area (SF) Min. Area Provided (SF) FBC Min. Useable Floor Space (SF) Min. Useable Floor Space Provided (SF) Total Units Compliance with Florida Building Code Requirements? Dwelling Size Min. Min. Min. Min. 78 Yes No Efficiency (AL) 400 425 80 113 4  1 Bedroom Unit (AL) 600 525 80 115 40  2 Bedroom Unit (AL) 900 800 120 239 4  Memory Care 400 350 80 156 30  The proposed floor plans for the unit types exceed the requirements of the Florida Building Code for assisted living facilities. Except for the efficiency unit (noted as “Alcove” unit type on Sheet A-410), the units are smaller than required by the City’s Land Development Code. However, it is important to note that these units are not full residential dwellings as they do not include cooking appliances. Since assisted living facilities are a permitted use within the RM zoning district, and the units meet or exceed the state’s requirements for these types of facilities, the minimum floor area requirement is met. In order to ensure density is controlled on site over time, restricting electrical 220 volt circuit electrical outlets (with the exception of A/C units) ensures the units maintain status as assisted living units rather than multifamily units. Photometric Plan: Pursuant to LDR Section 4.6.8(A)(3), the minimum illumination at building entries is 1.0 foot-candles and the maximum is 10.0. The Photometric Plan indicates lighting levels of 0.4 and 0.3 at the vestibule entry to the new lobby area, which does not meet the minimum code standards. Illumination at the building entries that meet code requirements is required to deter crime and also provide sufficient lighting for safety to prevent tripping, etc. The CPTED (Community Policing Through Environmental Design) technical review by the city Police Department suggests updating and enhancing all lighting around the development to help deter crime. Security cameras are also recommended. The property is currently gated with a security guard stationed at the entry 24 hours SPRAB Staff Report: April 26, 2017 Abbey Delray - Class IV Site Plan, Landscape Plan and Architectural Elevations Page 4 per day. The memory care portion of the development is equipped with a “wander management” system to ensure security and surveillance of memory care residents. Parking Requirements: The previously approved site plan contains 454 parking spaces. 32 existing spaces are impacted by the proposed development. The new program requires 1 parking space per 4 beds. 82 beds are proposed, resulting in a requirement for 21 new spaces. Therefore, at least 53 spaces are required; the site plan proposes 56 parking spaces. LANDSCAPE PLAN ANALYSIS Pursuant to LDR section 4.6.16 (C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3 (C). A proposed landscape plan has been submitted and evaluated by the Senior Landscape Planner. The proposed landscaping is consistent with the landscaping design currently on the site and meets the City’s landscape requirements. The gardens provide an attractive environment for the residents, with courtyards and outdoor spaces to congregate. The site plan modification expands the network of pedestrian walkways on the campus. ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18(E) – Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 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 existing campus is characterized by low rise, one to three-story buildings in relatively close proximity lining walkways and forming outdoor courtyard spaces. The existing architecture is relatively simple with simple geometries and mansard roofs finished with light-colored concrete tile. The elevations submitted on page A-210 meeting the height standards for the district and provide a more articulated massing than found on the existing buildings on the site. Since the footprint of the proposed building is large, this articulation helps break down the massing. However, minor discrepancies exist on the colored elevation sheets (A.211 and A212) as well as in the southwest corner of roof plan on Sheet A.141, which shows a hipped roof above and entry that has been changed to a flat roof with a parapet. Staff recommends requiring these three sheets to be updated as a condition of approval to ensure the building height standards are met. SPRAB Staff Report: April 26, 2017 Abbey Delray - Class IV Site Plan, Landscape Plan and Architectural Elevations Page 5 REQUIRED FINDINGS Pursuant to Section 3.1.1 (Required Findings), 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 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 following areas: Section 3.1.1(A) – Future Land Use Map: The subject property has a Future Land Use Map designation of Medium Density Residential (MD) and is zoned Medium Density Residential (RM). LDR Section 4.4.6(B) refers to the allowed uses within the RM zoning district. Assisted Living Facilities (ALFs) and Continuing Care Facilities are listed as an allowed use in the RM zoning district by LDR Section 4.4.6(B)(9). Therefore, a positive finding can be made with respect to consistency with the Future Land Use Map. 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, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) - Consistency: As described in Appendix “B”, a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions, subject to outstanding items attached as conditions of approval being addressed. Section 3.1.1 (D) - Compliance with the Land Development Regulations: As described under the Site Plan analysis of this report, a positive finding of compliance with the LDR can be made when all outstanding items attached as conditions of approval are addressed. Required Findings: Pursuant to LDR Section 2.4.5(F)(5), the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table indicates the zoning and future land use designation of the properties surrounding the subject property: Adjacent Zoning Adjacent Land Use North RM (Medium Density Residential) Recreational Open Space (OSR) Fairways on the Green Municipal Golf Course South R-1-A (Residential) Single family residential East Mixed Residential Office Commercial (MROC) Sherwood Plaza West RM (Medium Density Residential) Pines of Delray SPRAB Staff Report: April 26, 2017 Abbey Delray - Class IV Site Plan, Landscape Plan and Architectural Elevations Page 6 The proposed development is located within the center of a large, developed site containing similar uses. The surrounding uses are residential in nature or, to the east, more intense uses, such as office or retail. The proposed improvements will not pose any adverse effects on the surrounding properties. Based upon the above, a positive finding can be made with regard to LDR Section 2.4.5(F)(5) that the site plan will be compatible and harmonious with adjacent and nearby properties. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were 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. As mentioned in the “Required Findings” analysis section of the report, a positive finding of compatibility with adjacent properties can be made. There are no known issues with respect to soil, topography or other physical consideration that would negatively affect the proposed development. Thus, consistency with Future Land Use Element Objective A-1 is confirmed. Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The addition of assisted living and memory care to the area will not create negative impacts to the surrounding areas. REVIEW BY OTHERS The development proposal is not located within a geographical area requiring review by the PGMS (Pineapple Grove Main Street), WARC (West Atlantic Development Coalition), HPB (Historic Preservation Board), CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the Pines of Delray homeowner’s association. Public Notices: No public notice is required for Class IV Site Plan applications. Letters of objection, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. SPRAB Staff Report: April 26, 2017 Abbey Delray - Class IV Site Plan, Landscape Plan and Architectural Elevations Page 7 ASSESSMENT AND CONCLUSION The current development proposal involves expansion and addition of an existing building, creating a one to three-story 116,847 sq. ft. assisted living and memory facility to accommodate 30 memory care units and 48 assisted living units with a total of 82 beds for rent with on-site amenities including a full service restaurant and dining options, hair and nail salon, art room, fitness center, and auditorium space along with multiple fully landscaped outdoor spaces connected to interior common area amenities inclusive of intimate living and activity rooms. Upon addressing the attached conditions of approval, the development proposal will be found consistent with LDR Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, as well as applicable policies and objectives of the Comprehensive Plan Positive findings can be made with respect compatibility, that the proposed assisted living and memory care facility will not have a significantly detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Site Plan, Landscape Plan and Architectural Elevations for Abbey Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 (Performance Standards) of the Land Development regulations, subject to conditions. C. Deny the Site Plan, Landscape Plan and Architectural Elevations for Abbey Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(F)(5) and Chapter 3 (Performance Standards) of the Land Development regulations. STAFF RECOMMENDATION By separate motions: Site Plan: Approve the Class IV Site Plan Modification for Abbey Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 (Performance Standards) of the Land Development regulations, subject to the following conditions: 1. Pursuant to LDR Section 4.6.8(A)(3), the minimum illumination at building entries is 1.0 foot- candles and the maximum is 10.0. The Photometric Plan indicates lighting levels of 0.4 and 0.3 at the vestibule entry to the new lobby area. The Photometric must be revised to reflect code compliance prior to certification of the site plan. 2. No provisions for cooking can be provided within the individual units. It is noted that the proposal would not meet several LDR requirements related to permanent housing including unit size or density. To assure compliance, a note needs to be added to the site plan that no 220 volt circuit electrical outlets (with the exception of A/C units) will be provided within the SPRAB Staff Report: April 26, 2017 Abbey Delray - Class IV Site Plan, Landscape Plan and Architectural Elevations Page 8 individual units that could be utilized to accommodate full-size appliances, prior to certification of the site plan. 3. Prior to site plan certification, provide revised plans that satisfactorily addresses the technical items identified by the “Engineering Department” in “Appendix D – Engineering Comments”. Landscape Plan: Approve the Landscape Plan for Abbey Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section, 4.6.16 of the Land Development regulations. Architectural Elevations: Approve the Architectural Elevations for Abbey Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18 of the Land Development regulations, subject to the following conditions: 1. Prior to site plan certification, provide revised sheets for A.2.11 and A2.12 A that depict the roof line, massing and detail shown on Sheet A-210. 2. The Roof Plan on Sheet A.141 is corrected to replace the hipped roof above an entry in the southwest portion of the building to reflect a flat roof with a parapet, as shown on the Elevations on Sheet A-210. Attachments: Proposed Plans Report prepared by: Anthea Gianniotes, AICP, Senior Planner SPRAB Staff Report: April 26, 2017 Abbey Delray - Class IV Site Plan, Landscape Plan and Architectural Elevations Page 9 APPENDIX A CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer:  Water service is available via an existing 8” water main within the Lowson Boulevard right-of- way.  Sewer service is available via an existing 8”sewer main within the Lowson Boulevard right- of-way. Pursuant to the City’s Comprehensive Plan, treatment capacity is available at the City’s Water Treatment Plant and the South Central County Waste Water Treatment Plant until build-out. Streets and Traffic: A traffic statement has been provided for the proposed development. A total of 192 new daily trips, 10 AM Peak Trips and 16 PM Peak Trips are anticipated to be generated. January 25, 2017, the Palm Beach County Traffic Division issued a letter of traffic concurrency indicating that the proposed development meets the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code through build-out on December 31, 2020. Thus, this standard is met. Parks and Recreation Facilities: Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per each new dwelling unit will be collected prior to issuance of a building permit for the proposed 78 units. A total fee of $39,000 will be required of this development for parks and recreation purposes, prior to building permit issuance. Solid Waste: The proposed 78-unit assisted living and memory care facility use (100,439 sq. ft.) will generate 296 tons of solid waste per year. Thus, there will be an increase of 296 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Schools: The Palm Beach County School District has indicated that concurrency is not deemed necessary for assisted living and memory care facility uses. Thus, the development proposal is deemed sufficient for compliance with the adopted Level of Service for School Concurrency. Therefore, this standard is met Drainage: Drainage will be accommodated on site via an exfiltration trench system. There should be no significant impact on drainage as it relates to this standard. SPRAB Staff Report: April 26, 2017 Abbey Delray - Class IV Site Plan, Landscape Plan and Architectural Elevations Page 10 APPENDIX B STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable 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 SPRAB Staff Report: April 26, 2017 Abbey Delray - Class IV Site Plan, Landscape Plan and Architectural Elevations Page 11 F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of 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 SPRAB Staff Report: April 26, 2017 Abbey Delray - Class IV Site Plan, Landscape Plan and Architectural Elevations Page 12 APPENDIX D ENGINEERING COMMENTS Engineering Department: 1. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 2. Please note, a contribution for the bus shelter program will be required prior to Building permit issuance per LDR Section 2.4.3 (D) (7). A bus shelter is required to be installed on site for 1) a new residential project that has 25 or more units; 2) a nonresidential project that is greater than 10,000 square feet; and 3) a project that is adjacent to an existing or proposed Palm Tran bus stop. A contribution for the full cost of the purchase and installation of a complete bus shelter will be required if bus shelter will be located less than the standard minimum distance from an existing shelter. Fifty percent of bus shelter and installation cost will be required if 1, 2 and 3 above are not meet. 3. Please note, a Financial Guarantee in accordance with LDR Section 2.4.10 may be required to ensure the timely and proper installation of public improvements which are required to support the proposed development. Refer to LDR Section 2.4.10 (A) for items which require a Financial Guarantee. The Financial Guarantee (surety) amount is quantified in the approved Engineer’s Opinion of cost. Surety format can be Letter of Credit, Cash Deposit or Performance Bond (Subdivision Format). Surety is required prior to issuance of any permits from the Building Permit Department. 4. Please Resubmit Through The Planning and Zoning Department; and Clearly Indicate Which Documents Are For The Engineering Division. Also, Ensure A Complete Set Of Plans Is Provided For The Engineering Division. 5. Additional comments may follow after review of plans submitted for Site Plan Certification. 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W G I L D S . c o m C e r t N o . 6 0 9 1 - L B N o . 7 0 5 5 T Y P E O F U N I T S I Z E # U N I T S # B E D S UN I T B R E A K D O W N PR O P E R T Y D E V E L O P M E N T R E G U L A T I O N S 09- 2 9 - 1 6 NEW A R C H I T E C T U R A L L A Y O U T 10-2 8 - 1 6 REV I S E D S I T E P L A N "A L L D R A W I N G S , S P E C I F I C A T I O N S A N D RE L A T E D D O C U M E N T S A R E T H E C O P Y R I G H T PR O P E R T Y O F T H E L A N D S C A P E A R C H I T E C T AN D M U S T B E R E T U R N E D U P O N R E Q U E S T . RE P R O D U C T I O N O F D R A W I N G S , SP E C I F I C A T I O N S A N D R E L A T E D D O C U M E N T S IN P A R T O R I N W H O L E I S F O R B I D D E N WIT H O U T T H E L A N D S C A P E A R C H I T E C T S WRI T T E N P E R M I S S I O N . " 12-1 6 - 1 6 SUB M I T T A L MIN . LO T S I Z E (S. F . ) MIN . L O T WID T H (FT . ) MIN . L O T DEP T H (F T . ) MIN . LO T FR O N T A G E (F T . ) MA X . L O T CO V E R A G E % MIN . O P E N SP A C E % MIN . FR O N T SE T B A C K MIN . S I D E ST R E E T SE T B A C K MIN . S I D E IN T E R I O R SE T B A C K MIN . REA R SE T B A C K MA X . BL D G . HEI G H T (F T . ) RM RE Q U I R E D PR O V I D E D 80 0 0 60 10 0 60 4 0 2 5 2 5 / 3 0 2 5 / 3 0 1 5 / 3 0 2 5 3 5 1,1 1 8 , 0 0 3 12 6 5 890 105 0 2 6 39 58 2 5 7 0 6 8 35 350 S . F . 425 S . F . 525 S . F . 800 S . F . 30 3 0 4 4 40 4 0 4 8 AS S I S T E D L I V I N G ME M O R Y C A R E 02- 2 1 - 1 7 RE- S U B M I T T A L PS P . 2 PS P . 3 PS P . 4 PS P . 5 03- 2 4 - 1 7 RE- S U B M I T T A L 82 78 TO T A L FL O R I D A F I R E P R E V E N T I O N C O D E 5 T H E D I T I O N - FL O R I D A S P E C I F I C N F P A 1 , F I R E C O D E , 2 0 1 2 E D I T I O N A N D FL O R I D A S P E C I F I C N F P A 1 0 1 , L I F E S A F E T Y C O D E , 2 0 1 2 ED I T I O N . FIR E C O D E R E F E R E N C E ),5 6 7  ) / 2 2 5      72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5                                           1 $ 9 '       $9 ( 5 $ * (  * 5 $ ' ( 1 $ 9 '       (; , 6 7 , 1 *  & / 8 % + 2 8 6 (  ) ) ( 1 $ 9 '       7 2 3  2 )  ) / $ 7  5 2 2 ) 6 8 5 ) $ & (  7 2  $ 9 ( 5 $ * ( * 5 $ ' ( (; , 6 7 , 1 * &/ 8 % + 2 8 6 (  ) ) (             7 2 3  2 )  3 $ 5 $ 3 ( 7  7 2 $ 9 ( 5 $ * (  * 5 $ ' (        7 2 3  2 )  6 / 2 3 ( '  3 $ 5 $ 3 ( 7 7 2  $ 9 ( 5 $ * (  * 5 $ ' (   ),5 6 7  ) / 2 2 5      72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5                         1 $ 9 '       $9 ( 5 $ * (  * 5 $ ' ( 1 $ 9 '       (; , 6 7 , 1 *  & / 8 % + 2 8 6 (  ) ) ( 1 $ 9 '              7 2 3  2 )  3 $ 5 $ 3 ( 7  7 2 $ 9 ( 5 $ * (  * 5 $ ' ( (; , 6 7 , 1 * &/ 8 % + 2 8 6 (  ) ) (             7 2 3  2 )  6 / 2 3 ( '  3 $ 5 $ 3 ( 7 7 2  $ 9 ( 5 $ * (  * 5 $ ' (        7 2 3  2 )  ) / $ 7  5 2 2 ) 6 8 5 ) $ & (  7 2  $ 9 ( 5 $ * ( * 5 $ ' (   ),5 6 7  ) / 2 2 5       72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5                                  7 2 3  2 )  3 $ 5 $ 3 ( 7  7 2 $ 9 ( 5 $ * (  * 5 $ ' ( $9( 5 $ * (  * 5 $ ' ( 1 $ 9 '              1$ 9 '       (; , 6 7 , 1 * &/ 8 % + 2 8 6 (  ) ) (       1$ 9 '              7 2 3  2 )  6 / 2 3 ( '  3 $ 5 $ 3 ( 7 7 2  $ 9 ( 5 $ * (  * 5 $ ' (        7 2 3  2 )  ) / $ 7  5 2 2 )  6 8 5 ) $ & ( 7 2  $ 9 ( 5 $ * (  * 5 $ ' (   ),5 6 7  ) / 2 2 5      72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5                              7 2 3  2 )  3 $ 5 $ 3 ( 7  7 2 $ 9 ( 5 $ * (  * 5 $ ' ( 1 $ 9 '       $9 ( 5 $ * (  * 5 $ ' ( 1$ 9 '       (; , 6 7 , 1 *  & / 8 % + 2 8 6 (  ) ) ( 1$ 9 '       (; , 6 7 , 1 * &/ 8 % + 2 8 6 (  ) ) (      7 2 3  2 )  6 / 2 3 ( '  3 $ 5 $ 3 ( 7 7 2  $ 9 ( 5 $ * (  * 5 $ ' (               7 2 3  2 )  ) / $ 7  5 2 2 ) 6 8 5 ) $ & (  7 2  $ 9 ( 5 $ * ( * 5 $ ' ( 3UR M H F W  1 R   '  (   6   ,   *   1 7+ : &    5 L Y H U ( G J H  3 D U N Z D \ 6X L W H     $WO D Q W D   * $       3+               )$ ;               &2 3 < 5 , * + 7 7+2 0 3 6 2 1  + $ 1 & 2 & .  : , 7 7 (  $6 6 2 & , $ 7 ( 6   , 1 &  ZZ Z  W K Z  F R P 'DW H  'UD Z Q  % \  &KH F N H G  % \            +*)('&%$                 $ 0      / R Z V R Q  % O Y G   ' H O U D \  % H D F K   ) /       &? 7 + : ) , / ( 6 ? 5 H Y L W  / R F D O  ) L O H V ?     ?        B $ E E H \ ' H O U D \ B $ 5 & + B 5   BV ] K D Q J  U Y W %8 ,/',1 * (/(9 $7 ,2 1 6 $   &KH F N H U $X W K R U              &/$6 6 ,9 6 ,7 ( 3 /$1 6 8 %0 ,7 7 $/ $ % % ( <  ' ( / 5 $ <            29 ( 5 $ / /  : ( 6 7  ( / ( 9 $ 7 , 2 1            29 ( 5 $ / /  1 2 5 7 +  ( / ( 9 $ 7 , 2 1            29 ( 5 $ / /  ( $ 6 7  ( / ( 9 $ 7 , 2 1            29 ( 5 $ / /  6 2 8 7 +  ( / ( 9 $ 7 , 2 1 (/ ( 9 $ 7 , 2 1  6 + ( ( 7 1 2 7 ( 1R W H 1XP E H U 1RW H  7 H [ W  6 7 8 & & 2    & 2 / 2 5    6 7 8 & & 2    & 2 / 2 5    6 7 $ 1 ' , 1 *  6 ( $ 0  0 ( 7 $ /  5 2 2 )  & 2 1 & 5 ( 7 (  7 , / (  5 2 2 )  6 7 2 5 ( ) 5 2 1 7  ( 1 7 5 $ 1 & (  6 < 6 7 ( 0  6 , 1 * / (  + 8 1 *  : , 1 ' 2 : 6  ' ( & 2 5 $ 7 , 9 (  % 5 $ & . ( 7 6  0 ( 7 $ /  5 $ , / , 1 *  6 7 8 & & 2  7 5 , 0  & $ 1 2 3 <  6 8 3 3 2 5 7  : , 7 +  0 ( 7 $ /  & / $ ' ' , 1 *  ) , % ( 5  & ( 0 ( 1 7  6 2 ) ) , 7   3 $ , 1 7 ( '  6 7 2 5 ( ) 5 2 1 7  : , 1 ' 2 : 6  ) , ; ( '  : , 1 ' 2 :  6 7 8 & & 2  3 5 2 ) , / (  + 2 / / 2 :  0 ( 7 $ /  ' 2 2 5   3 $ , 1 7 ( '  6 7 8 & & 2  ' ( & 2 5 $ 7 , 9 (  3 5 2 ) , / (  ( ; , 6 7 , 1 *  6 7 5 8 & 7 8 5 (  7 2  5 ( 0 $ , 1  ' ( & 2 5 $ 7 , 9 (  6 + 8 7 7 ( 5 12  ' $ 7 ( ' ( 6 & 5 , 3 7 , 2 1 ),5 6 7  ) / 2 2 5      72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5                                     ),5 6 7  ) / 2 2 5      72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5                          ),5 6 7  ) / 2 2 5       72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5                                   ),5 6 7  ) / 2 2 5       72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5                        3UR M H F W  1 R   ' (   6   ,   *   1 7+ : &     5 L Y H U ( G J H  3 D U N Z D \ 6XL W H     $WO D Q W D   * $       3+               )$;               &2 3 < 5 , * + 7 7+2 0 3 6 2 1  + $ 1 & 2 & .  : , 7 7 (  $66 2 & , $ 7 ( 6   , 1 &  ZZ Z  W K Z  F R P 'DW H  'UD Z Q  % \  &KH F N H G  % \            +*)('&%$                   30 &?7 + : ) , / ( 6 ? 5 H Y L W  / R F D O  ) L O H V ?     ?        B $ E E H \ ' H O U D \ B $ 5 & + B 5   BNE H Q H G L F W  U Y W %8 ,/',1 * (/(9 $7 ,2 1 6 $   &KH F N H U $XWK R U              &/$6 6 ,9 6 ,7 ( 3 /$1 6 8 %0 ,7 7 $/      / R Z V R Q  % O Y G   ' H O U D \  % H D F K   ) /       $ % % ( <  ' ( / 5 $ <            29 ( 5 $ / /  : ( 6 7  ( / ( 9 $ 7 , 2 1            29 ( 5 $ / /  1 2 5 7 +  ( / ( 9 $ 7 , 2 1            29 ( 5 $ / /  ( $ 6 7  ( / ( 9 $ 7 , 2 1            29 ( 5 $ / /  6 2 8 7 +  ( / ( 9 $ 7 , 2 1 (/ ( 9 $ 7 , 2 1  6 + ( ( 7 1 2 7 ( 1RW H 1X P E H U 1RW H  7 H [ W  6 7 8 & & 2    & 2 / 2 5    6 7 8 & & 2    & 2 / 2 5    6 7 $ 1 ' , 1 *  6 ( $ 0  0 ( 7 $ /  5 2 2 )  & 2 1 & 5 ( 7 (  7 , / (  5 2 2 )  6 7 2 5 ( ) 5 2 1 7  ( 1 7 5 $ 1 & (  6 < 6 7 ( 0  6 , 1 * / (  + 8 1 *  : , 1 ' 2 : 6  ' ( & 2 5 $ 7 , 9 (  % 5 $ & . ( 7 6  0 ( 7 $ /  5 $ , / , 1 *  6 7 8 & & 2  7 5 , 0  & $ 1 2 3 <  6 8 3 3 2 5 7  : , 7 +  0 ( 7 $ /  & / $ ' ' , 1 *  ) , % ( 5  & ( 0 ( 1 7  6 2 ) ) , 7   3 $ , 1 7 ( '  6 7 2 5 ( ) 5 2 1 7  : , 1 ' 2 : 6  ) , ; ( '  : , 1 ' 2 :  6 7 8 & & 2  3 5 2 ) , / (  + 2 / / 2 :  0 ( 7 $ /  ' 2 2 5   3 $ , 1 7 ( '  6 7 8 & & 2  ' ( & 2 5 $ 7 , 9 (  3 5 2 ) , / (  ( ; , 6 7 , 1 *  6 7 5 8 & 7 8 5 (  7 2  5 ( 0 $ , 1 12  ' $ 7 ( ' ( 6 & 5 , 3 7 , 2 1 ),5 6 7  ) / 2 2 5      72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5            ),5 6 7  ) / 2 2 5       72   5 2 2 )  ' ( & .       6(& 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5         ),5 6 7  ) / 2 2 5      72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5           ),5 6 7  ) / 2 2 5       72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5                   ),5 6 7  ) / 2 2 5      72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5        (; , 6 7 , 1 *  7  2  %( $ 0                ),5 6 7  ) / 2 2 5      72   5 2 2 )  ' ( & .       6( & 2 1 '  ) / 2 2 5       7+ , 5 '  ) / 2 2 5                3UR M H F W  1 R   ' (   6   ,   *   1 7+ : &     5 L Y H U ( G J H  3 D U N Z D \ 6XL W H     $WO D Q W D   * $       3+               )$;               &2 3 < 5 , * + 7 7+2 0 3 6 2 1  + $ 1 & 2 & .  : , 7 7 (  $66 2 & , $ 7 ( 6   , 1 &  ZZ Z  W K Z  F R P 'DW H  'UD Z Q  % \  &KH F N H G  % \            +*)('&%$                   30 &?7 + : ) , / ( 6 ? 5 H Y L W  / R F D O  ) L O H V ?     ?        B $ E E H \ ' H O U D \ B $ 5 & + B 5   BNE H Q H G L F W  U Y W %8 ,/',1 * (/(9 $7 ,2 1 6 $   &KH F N H U $XWK R U              &/$6 6 ,9 6 ,7 ( 3 /$1 6 8 %0 ,7 7 $/      / R Z V R Q  % O Y G   ' H O U D \  % H D F K   ) /       $ % % ( <  ' ( / 5 $ <             0&  & 2 8 5 7  / 2 2 . , 1 *  : ( 6 7            0&  & 2 8 5 7  / 2 2 . , 1 *  ( $ 6 7           0&  & 2 8 5 7  / 2 2 . , 1 *  6 2 8 7 +            0&  & 2 8 5 7  / 2 2 . , 1 *  1 2 5 7 +             :( / / 1 ( 6 6  & 2 8 5 7  / 2 2 . , 1 *  6 2 8 7 +            :( / / 1 ( 6 6  & 2 8 5 7  / 2 2 . , 1 *  1 2 5 7 + (/( 9 $ 7 , 2 1  6 + ( ( 7 1 2 7 ( 1R W H 1X P E H U 1R W H  7 H [ W  6 7 8 & & 2    & 2 / 2 5    6 7 8 & & 2    & 2 / 2 5    6 7 $ 1 ' , 1 *  6 ( $ 0  0 ( 7 $ /  5 2 2 )  & 2 1 & 5 ( 7 (  7 , / (  5 2 2 )  6 7 2 5 ( ) 5 2 1 7  ( 1 7 5 $ 1 & (  6 < 6 7 ( 0  6 , 1 * / (  + 8 1 *  : , 1 ' 2 : 6  ' ( & 2 5 $ 7 , 9 (  % 5 $ & . ( 7 6  0 ( 7 $ /  5 $ , / , 1 *  6 7 8 & & 2  7 5 , 0  & $ 1 2 3 <  6 8 3 3 2 5 7  : , 7 +  0 ( 7 $ /  & / $ ' ' , 1 *  ) , % ( 5  & ( 0 ( 1 7  6 2 ) ) , 7   3 $ , 1 7 ( '  6 7 2 5 ( ) 5 2 1 7  : , 1 ' 2 : 6  ) , ; ( '  : , 1 ' 2 :  6 7 8 & & 2  3 5 2 ) , / (  + 2 / / 2 :  0 ( 7 $ /  ' 2 2 5   3 $ , 1 7 ( '  6 7 8 & & 2  ' ( & 2 5 $ 7 , 9 (  3 5 2 ) , / (  ( ; , 6 7 , 1 *  6 7 5 8 & 7 8 5 (  7 2  5 ( 0 $ , 1 12  ' $ 7 ( ' ( 6 & 5 , 3 7 , 2 1 *$6 *$6 ( / ( & *$6 *$6 S T M ST M S T M ST M ST M STM ST M ST M STMSTMSTM STMSTMSTMSTMSTMSTM STM STM SANSANSANSANSANSANSAN SANSANSANSAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STMSTMSTMSTMSTMSTMSTM STMSTM STM STM STM STM STMSTMSTM STM STM STM STMSTM STM STM STM STMSTMSTM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM ST M STM STM STM STM STM STM ST M SAN SAN SAN SANSANSAN SAN SAN SANSAN SAN SAN SANSANSAN SAN SAN SANSAN SAN SANSAN SAN SAN SAN SANSA N SAN SAN SAN SANSANSAN SAN SAN SAN SANSANSAN SAN STM STM STM STMSTMSTM STM STM STM STMSTM STM STM STM STM STMSTMST M STMSTMSTMSTMSTM STMSTMSTMSTMSTM STM STM STM STM STM SAN SAN STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STMSTM STM STM STM STM STM STM STM STM STM STM STM STM ST M STM STM STM STM STM STM ST M STM STMSTMSTM STM STM STM STM STM STM STM SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN S A N S A N S A N S A N S A N S A N UP DN UP *$6 *$6 ( / ( & *$6 *$6 S T M ST M S T M ST M ST M STM ST M ST M STMSTMSTM STMSTMSTMSTMSTMSTM STM STM SANSANSANSANSANSANSAN SANSANSANSAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STMSTMSTMSTMSTMSTMSTM STMSTM STM STM STM STM STMSTMSTM STM STM STM STMSTM STM STM STM STMSTMSTM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM ST M STM STM STM STM STM STM ST M SAN SAN SAN SANSANSAN SAN SAN SANSAN SAN SAN SANSANSAN SAN SAN SANSAN SAN SANSAN SAN SAN SAN SANSA N SAN SAN SAN SANSANSAN SAN SAN SAN SANSANSAN SAN STM STM STM STMSTMSTM STM STM STM STMSTM STM STM STM STM STMSTMST M STMSTMSTMSTMSTM STMSTMSTMSTMSTM STM STM STM STM STM SAN SAN STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STM STMSTM STM STM STM STM STM STM STM STM STM STM STM STM ST M STM STM STM STM STM STM ST M STM STMSTMSTM STM STM STM STM STM STM STM SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN SAN S A N S A N S A N S A N S A N S A N UP DN UP M M M M MTMTMTMTMTMTTSTSTSTSSSSTSTSTSTSTMSSSSSSS MSSTT M MSSTMSTM MMMMMMMTMTMMMMSTTTMTMTMSTMTMTMSSSTSTSTSTSTSSSMSTTSSMSSTSTSTMTMTMSSTSTMSTMTMMM STM STM ST M ST M MMSTSTMTMMM SSSSSANSAN SANSANSANSAN SANANSAN SANSANSAN SAN SAN ANANANANAASANSANNSASASSSASANANS ANNNSANANANSASASASASASSASANANSANSAN ANNSANSASANANSSAANSAN ANSANSANSASSA SANANSSNN N UPUP DNDN UPUP SAN I T A R Y L I N E PROP O S E D L I G H T F I X T U R E T Y P . PROP O S E D L I G H T F I X T U R E T Y P . PRO P . STOR M W A T E R SANIT A R Y L I N E TRAN S F O R M E R BIKE R A C K PROP O S E D L I G H T F I X T U R E Kno w w h a t ' s BEL O W . CA L L b e f o r e y o u d i g Cal l 811 t w o b u s i n e s s day s bef o r e d i g g i n g SH E E T # : NO R T H LP - 1 "A L L D R A W I N G S , S P E C I F I C A T I O N S A N D REL A T E D D O C U M E N T S A R E T H E C O P Y R I G H T PRO P E R T Y O F T H E L A N D S C A P E A R C H I T E C T AN D M U S T B E R E T U R N E D U P O N R E Q U E S T . REP R O D U C T I O N O F D R A W I N G S , SP E C I F I C A T I O N S A N D R E L A T E D D O C U M E N T S IN P A R T O R I N W H O L E I S F O R B I D D E N W I T H O U T TH E L A N D S C A P E A R C H I T E C T S W R I T T E N PER M I S S I O N . " CH E C K E D B Y : PR O J E C T # : DR A W N B Y : DR A W N D A T E : SH E E T T I T L E : SE A L : DES C R I P T I O N : A B B E Y D E L R A Y L A N D S C A P E P L A N P R E P A R E D F O R L I F E S P A C E C O M M U N I T I E S D E L R A Y B E A C H , F L CO N S U L T A N T S : PRO J E C T T I T L E : 203 5 V i s t a P a r k w a y , W e s t P a l m B e a c h , F L 3 3 4 1 1 Pho n e 8 6 6 . 9 0 9 . 2 2 2 0 w w w . W G I L D S . c o m Cer t N o . 6 0 9 1 - L B N o . 7 0 5 5 ETO 20 1 6 - 1 2 - 1 6 AB 21 8 8 201 7 - 0 2 - 2 1 R E S U M B I T T A L DAT E : NO : 10 2 0 4 0 CO V E R LP - 1 . 0 3 LP - 1 . 0 4 A LP - 1 . 0 4 B LP - 1 . 0 2 CO D E C O M P L I A N C E C H A R T - B U F F E R S REQ U I R E D L A N D S C A P E PA R K I N G I S L A N D S : 17 T R E E S 1 T R E E / I S L A N D @ 1 7 I S L A N D S PR O P O S E D L A N D S C A P E IN T E R I O R L A N D S C A P E R E Q . : 55 T R E E S IN T E R I O R L A N D S C A P E A R E A = 1 0 % P A V E D A R E A 68, 4 2 4 S F ( P A V E D A R E A ) x 1 0 % = 6 , 8 4 2 S F IN T E R I O R L A N D S C A P E = 1 T R / 1 2 5 S F O F I N T E R I O R LAN D S C A P E A R E A ( 6 , 8 4 2 ) 6,8 4 2 S F / 1 2 5 = 5 5 T R E E S TR E E S = 17 TR E E S = 33 ( 6 0 % O F R E Q . ) PA L M S = 6 4 TR E E S QT Y CO M M O N N A M E BO T A N I C A L N A M E RE M A R K S BB 1 H o n g K o n g O r c h i d B a u h i n i a x b l a k e a n a 1 2 ` H t . x 6 ` S p r d . BS 9 G u m b o L i m b o B u r s e r a s i m a r u b a 1 6 ` H t . x 7 ` S p r d . , 8 ` c . t . CS 1 0 S i l v e r B u t t o n W o o d C o n o c a r p u s e r e c t u s s e r i c e u s 8 ` O . A . , M u l t i - t r u n k , L i m b u p 3 ` IC 3 D a h o o n H o l l y I l e x c a s s i n e 1 2 ` H t . x 6 ` S p r d . JT 5 J a t r o p h a T r e e J a t r o p h a s p p . 5 ` H t . , S t a n d a r d LS 5 A m e r i c a n S w e e t G u m L i q u i d a m b a r s t y r a c i f l u a 1 2 ` H t ` x 6 ` S p r d . EX I S T I N G QT Y CO M M O N N A M E BO T A N I C A L N A M E RE M A R K S PR . P 3 6 P r e s e r v e P a l m P r e s e r v e P a l m E x i s t i n g p a l m t o b e p r e s e r v e d PR , T 3 7 P r e s e r v e T r e e P r e s e r v e T r e e E x i s t i n g t r e e t o b e p r e s e r v e d PA L M T R E E S QT Y CO M M O N N A M E BO T A N I C A L N A M E RE M A R K S CN 1 0 C o c o n u t P a l m C o c o s n u c i f e r a 8 ` G . W . PE 2 1 2 A l e x a n d e r P a l m P t y c h o s p e r m a e l e g a n s 1 4 ` O . A . , D o u b l e RE 1 0 F l o r i d a R o y a l P a l m R o y s t o n e a e l a t a 8 ` G . W . , M a t c h e d SP 1 9 C a b b a g e P a l m e t t o S a b a l p a l m e t t o 1 6 ` - 2 2 ` C . T . , B o o t e d TR 5 F l o r i d a T h a t c h P a l m T h r i n a x r a d i a t a 4 ` H t . , S i n g l e VM 3 2 M o n t g o m e r y P a l m V e i t c h i a m o n t g o m e r y a n a 1 6 ` O . A . , T r i p l e VM 1 6 M o n t g o m e r y P a l m V e i t c h i a m o n t g o m e r y a n a 1 6 ` O . A . , S i n g l e SH R U B S QT Y CO M M O N N A M E BO T A N I C A L N A M E RE M A R K S MY C 1 8 W a x M y r t l e M y r i c a c e r i f e r a 5 ` O . A . , F u l l t o b a s e PH I 2 5 R o j o P h i l o d e n d r o n P h i l a d e l p h u s x ` R o j o C o n g o ` 2 4 " H t . x 2 4 " S p r d . PO M 5 P o d o c a r p u s P o d o c a r p u s m a c r o p h y l l u s 6 ` O . A . SA M 4 E l d e r b e r r y S a m b u c u s c a n a d e n s i s 5 ` - 6 ` O . A . CO N 2 0 C o n f e d e r a t e J a s m i n e T r a c h e l o s p e r m u m j a s m i n o i d e s ` C o n f e d e r a t e ` 4 ` T e n d r i l s , A t t a c h t e d t o t r e l l i s SH R U B A R E A S QT Y CO M M O N N A M E BO T A N I C A L N A M E RE M A R K S AD 8 6 M y e r s A s p a r a g u s A s p a r a g u s d e n s i f l o r u s ` M y e r s ` 1 2 " h t . x 1 2 " s p r d . , 1 2 " O . C . BA M 2 6 C h i n e s e G o d d e s s B a m b o o B a m b u s a m u l t i p l e x ` R i v i e r e o r u m ` 4 ` h t . x 4 ` s p r d , 4 ` o . c . CH R 2 3 3 R e d T i p C o c o p l u m C h r y s o b a l a n u s i c a c o ` R e d T i p ` 2 4 " h t . x 2 4 " s p r d . , 2 4 " o . c . CL U 9 7 2 D w a r f C l u s i a C l u s i a g u t t i f e r a n a n a 1 2 " h t . x 1 2 " s p r d . , 1 2 " o . c . CE S 1 8 5 S i l v e r B u t t o n W o o d C o n o c a r p u s e r e c t u s s e r i c e u s 2 4 " h t . x 2 4 " s p r d . , 2 4 " o . c . FIC 2 2 3 G r e e n I s l a n d F i c u s F i c u s m i c r o c a p r a ` G r e e n I s l a n d ` 1 8 " h t . x 1 8 " s p r d . , 1 8 " o . c . HA M 1 4 9 F i r e B u s h H a m e l i a p a t e n s 2 4 " h t . x 2 4 " s p r d . , 2 4 " o . c . HIB 1 7 9 C h i n e s e H i b i s c u s H i b i s c u s r o s a - s i n e n s i s ` D o u b l e R e d ` 2 4 " h t . x 2 4 " s p r d . , 2 4 " o . c . ILG 2 8 I n k b e r r y H o l l y I l e x g l a b r a 2 4 " h t . x 2 4 " s p r d . , 2 4 " o . c . ILV 6 6 3 Y a u p o n H o l l y I l e x v o m i t o r i a 8 " h t . x 8 " s p r d . , 1 2 " o . c . JA T 1 0 2 C o m p a c t J a t r o p h a J a t r o p h a i n t e g e r r i m a ` C o m p a c t a ` 2 4 " h t . x 2 4 " s p r d . , 2 4 " o . c . MU H 5 6 P i n k M u h l y M u h l e n b e r g i a c a p i l l a r i s 1 8 " h t . x 1 8 " s p r d . , 2 4 " o . c . PO D 9 1 7 D w a r f P o d o c a r p u s P o d o c a r p u s m a c r o p h y l l u s ` D w a r f P r i n g l e s ` 1 2 " h t . x 1 2 " s p r d . , 1 2 " o . c . SA N 1 2 1 B l a c k G o l d S a n s e v i e r i a S a n s e v i e r i a t r i f a s c i a t a ` B l a c k G o l d ` 1 2 " h t . x 1 2 " s p r d . , 1 8 " o . c . ZA M 2 8 6 C o o n t i e Z a m i a p u m i l a 1 2 " h t . x 1 2 " s p r d . , 1 2 " o . c . GR O U N D C O V E R S QT Y CO M M O N N A M E BO T A N I C A L N A M E RE M A R K S AN T 1 0 0 P i n k A n t t h u r i u m A n t h u r i u m a n d r a e a n u m 1 2 " h t . x 1 2 " s p r d . , 1 2 " o . c . AS P 1 9 4 F o x t a i l F e r n A s p a r a g u s d e n s i f l o r u s ` M y e r s ` 1 2 " h t . x 1 2 " s p r d . , 1 2 " o . c . CA S 8 8 C a s t I r o n P l a n t A s p i d i s t r a e l a t i o r 1 2 " h t . x 1 2 " s p r d . , 1 2 " o . c . NE O 1 5 4 B o s s a N o v a B r o m e l i a d N e o r e g e l i a x ` B o s s a N o v a ` 8 " h t . x 8 " s p r d . , 8 " o . c . TR A 8 0 1 M i n i m a J a s m i n e T r a c h e l o s p e r m u m a s i a t i c u m ` M i n i m a ` 6 " h t . x 6 " s p r d . , 1 2 " o . c . PL A N T S C H E D U L E * N A T I V E P L A N T S : TR E E S / P A L M S - 6 3 % SH R U B S / G R O U N D C O V E R S - 4 0 % ****************** Planning, Zoning, and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Lisa Building Project Location: 47 SE 5th Avenue Request: Class V Site Plan, Landscape Plan, and Architectural Elevations. Board: Site Plan Review and Appearance Board Meeting Date: April 26, 2017 Board Actions: Approved the Class V Site Plan (2016-209) with conditions on a 4 to 0 vote (Roger Cope, Laura Sullivan absent); approved the Architectural Elevations on a 4 to 0 vote; approved the Landscape Plan on a 4 to 0 vote; approved a waiver request to reduce the landscape terminal islands in the parking area from nine feet to one foot wide. Project Description: The subject property consists of .3079 acres of land, generally located on the east side of 5th Avenue, south of East Atlantic Avenue. The subject property is zoned CBD (Central Business District) with CC (Central Core) Future Land Use Map (FLUM) designation. The Class V Site Plan is to demolish an existing 4,795 sq. ft. one-story office building and construct a 7,249 sq. ft. one-story retail building. Board comments: The Board approved the project with Staff’s conditions to the Site Plan as follows: 1. That the final installation of demising walls, which define tenant space, indicated on the plans shall not create a space larger than 75’-0” in width; 2. That prior to building permit issuance, the In Lieu Parking Agreement must be recorded in the public records of Palm Beach County and 50% of the fee ($42,320) must be paid to the City; 3. That the Photometric Plan be revised to light the walkway that links the sidewalk to bike parking to the rear parking lot and alley; and 4. That the Engineering Technical Comments in Appendix C are addressed prior to Site Plan Certification. Public Comments: No public comment was provided at the meeting. 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: April 26, 2017 ITEM: Lisa Building (2016-209) - Class V Site Plan Modification, Landscape Plan and Architectural Elevations to demolish an existing building and construct a new one-story retail building with 7,249 sq. ft. with a waiver request to reduce the landscape terminal island in the parking area from nine feet to one foot. RECOMMENDATION: Approve the Class V Site Plan with conditions, the Landscape Plan, and the Architectural Elevations GENERAL DATA: Owner……………………… Applicant…………………… 104-106 Delancy Realty LLC 104-106 Delancy Realty LLC Agent………………………. Louis J. Carbone, PA Address……………………. 47 SE 5th Avenue Location............................. East side of 5th Avenue, South of East Atlantic Avenue Property Size...................... 13,098 sq. ft. (0.3079 ac.) Future Land Use Map......... CC (Central Core) Current Zoning.................... CBD (Central Business District) Adjacent Zoning: North CBD South CBD East CBD West CBD Existing Land Use............... 4,795 sq. ft. one-story commercial building Proposed Land Use…........ 7,249 sq. ft. one-story retail building Water Service..................... Existing on site Sewer Service..................... Existing on site ITEM BEFORE THE BOARD The action before the Board is approval of the following aspects of a Class V Site Plan proposal for The Lisa Building (2016-209), located at 47 SE 5th Avenue, pursuant to LDR Section 2.4.5(F):  Site Plan;  Landscape Plan;  Architectural Elevations; and,  Waiver Request BACKGROUND The subject property is zoned CBD (Central Business District) and has a Central Core (CC) Future Land Use Map (FLUM) Designation. The existing site contains a 4,795 sq. ft. office building which was constructed in 1963. The 13,098 sq. ft. (0.3 acres) site is located on the east side of SE 5th Avenue, south of East Atlantic Avenue. PROJECT DESCRIPTION Now before the Board for consideration is a Class V Site Plan proposal to demolish the existing building and construct a new one-story building with 7,249 sq. ft. of retail use. A waiver to LDR Section 4.6.16(H)(3)(d) is requested to reduce the landscape terminal island in the parking area from nine feet to one foot. The development proposal includes, but is not limited to the following:  Demolish the existing building;  Construct five retail bays;  Provision of 10 parking spaces in the rear, accessible from the alley; and,  Associated landscape and streetscape improvements 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) – Dimensional Requirements by CBD Sub-district: The following indicates that the proposed building complies with the CBD District - Central Core. Pursuant to Table 4.4.13(C), the following development regulations are applicable to CBD Sub-districts: LISA BUILDING (CLV) Central Core SE 5th Ave. Alley Lot Width 20 ft. min. 109.40’ 109.40’ Lot Area 2,000 sf. min. 13,675 sq. ft. Front Setback1 10’ min./ 15’ max. 10’ – 14’ N/A Side Setback (north) 0 ft. min. 1” N/A Side Setback (south) 0 ft. min. 10’-2” N/A Rear Setback 10 ft. min. N/A 33’-0” Building Frontage Required on Primary Streets 75% min./ 100%max 90% N/A Site Plan Review and Appearance Board Staff Report – April 26, 2017 The Lisa Building (2016-209) – Class V Site Plan, Landscape Plan & Architectural Elevations Page 2 Max. Height outside of the Atlantic Avenue Limited Height Area 4 Stories & 54 ft. 1 Story & 27’-0” Pursuant to Figure 4.4.13-5 (Central Core Regulating Plan), SE 5th Avenue is classified as a Primary Street. Thus, all development standards applicable to Primary Streets must be applied. Parking: Pursuant to LDR Section 4.4.13(L), 1 parking space per 500 sq.ft. of retail/commercial use is required. The building requires 14 parking spaces, of which 10 are provided on-site, behind the building and accessed from the alley. Pursuant to LDR Section 4.6.9(E)(3), a maximum of 30% of required parking may be provided by using the in-lieu of parking program. On February 8, 2017, the City Commission approved an In Lieu of Parking Fee request in the amount of $94,640.00 for four parking spaces. Prior to building permit issuance, the agreement must be recorded in the public records of Palm Beach County and 50% of the fee ($42,320) must be paid to the City. Bicycle Parking: Pursuant to LDR Section 4.4.13(I)(4) bicycle parking is required. The requirement is two spaces per 1,000 sq.ft. of retail uses, which results in 14 bicycle parking spaces. The site plan has three racks located along the south side of the building. The specification for the bike rack indicates each double-U shape can hold up to 5 bikes, which satisfies this requirement. Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Pursuant to the Florida Accessibility Code for Building Construction, one parking space serving the development must be handicap accessible. Based upon the single ADA compliant handicap parking space provided, this standard is met. Refuse Enclosure: The trash enclosure is located in the rear of the building. Trash and recycling pick up is from the alley. The design will require bins be rolled out to the alley by the tenant. In order to ensure access around the parking, the enclosure doors have 180° hinges and a “no parking” sign during trash pickup days/times (typically prior to business hours) will be posted. Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three (3) sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The dumpster detail indicates that this requirement has been met. 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 details provided indicate that wall mounted light fixtures will be used in the rear. The photometric plan meets the minimum and maximum foot candle allowances in the front and rear of the building. The lack of lighting on the pathway on the south side of the building is a CPTED (Community Policing Through Environmental Design) concern. The walkway links the sidewalk to bike parking to the rear parking lot and alley. Lighting should be incorporated to ensure a safe space. This provision is listed as a recommended condition of approval. Minimum Streetscape Width: Pursuant to LDR Section 4.4.13(E)(2)(a), the combination of public sidewalk (located within the right-of-way) and hardscape (located in front setback areas) shall provide a minimum streetscape area no less than fifteen feet (15’) in width, measured from the back of curb. The streetscape area meets the standards of the code as follows: Streetscape Standards Minimum Standard Proposed Design Curb Zone 4’-0” 12’-5” Site Plan Review and Appearance Board Staff Report – April 26, 2017 The Lisa Building (2016-209) – Class V Site Plan, Landscape Plan & Architectural Elevations Page 3 As demonstrated in the table above, the proposal complies with the required streetscape standards. Ground Story Height: Pursuant to LDR Section 4.4.13(D)(1)(a)(4), the ground story of commercial or mixed-use buildings shall be a minimum of twelve feet tall. The plans demonstrate the ground level ceiling height will measured from the finished floor to finished ceiling at a minimum height of 12’0”. Separation Between Entrances: Pursuant to LDR Section 4.4.13(E)(3)(Building Entrances), on the ground level there shall be no more than seventy-five foot separation between entrances along a Primary Street for all non-residential uses. The entrances along South Federal Highway comply, with a maximum building entrance separation of 19’ feet. Storefront and Glazing Area: Pursuant to LDR Section 4.4.13 (E)(4)(b)( e)(1)(a), (b), and (c) the storefront is a frontage type along sidewalk level of the ground story, typically associated with retail uses. The table below provides the dimensional requirements for all elements contained in a storefront: Storefronts Minimum Required Maximum Allowed Proposed Building Setback 10 ft. 15 ft. 10 ft. & 14 ft. Storefront Width N/A 75’ on Required Retail Streets 19’-4”* Storefront Base 9 in. 3 ft. 2 ft. Glazing Height 8 ft. - 12 ft. Required Openings 80% - 83% Eyebrow 3 ft. - 3 ft. *The tenant spaces will be subdivided when leased. In order to meet this requirement, an individual tenant space should not exceed 75’-0” in width; final installation of demising walls indicated on the plans should not create a space larger than 75’-0” in width. This provision is listed as a recommended condition of approval. LANDSCAPE PLAN ANALYSIS The landscape plan submitted has been evaluated by the City Landscape Senior Planner. For parcels in the CBD, the main landscape components required are the streetscape, civic open space requirements, and parking lot landscaping. The design proposes to remove the existing buffer landscaping between the existing building and the sidewalk, widening the sidewalk and providing views into the retail stores for the passersby. Additional landscaping is proposed within the curb zone, greening an area previously used as an access drive. The landscaping is consistent with the recently installed landscaping along SE 5th Avenue. Pursuant to LDR Section 4.4.13(G) Civic Open Space is required for parcels 20,000 sq.ft. or greater. At 13,098 sq. ft, this parcel is below the threshold and not required to provide Civic Open Space. The project has landscaped the walkway on the south side of the building and has incorporated “green” walls using a cable trellis system on both the south and north sides of the building. A waiver has been requested to LDR Section 4.6.16(H)(3)(i), which requires a nine-foot wide terminal landscape island at the end of each parking row. Due to the alley right-of-way dedication and the limited lot Pedestrian Zone 6’-0” 6’-7” Remaining Front Setback Area 5’-0” 10’0” Total Streetscape Width 15’0” 29’-0” Site Plan Review and Appearance Board Staff Report – April 26, 2017 The Lisa Building (2016-209) – Class V Site Plan, Landscape Plan & Architectural Elevations Page 4 size, the waiver is requested to adequately accommodate the proposed on-site parking configuration. Upon approval of this waiver request, the proposed landscape plan will be deemed compliant with LDR Section 4.6.16. The waivers are analyzed in the following to sections. TERMINAL LANDSCAPE ISLAND - WAIVER ANALYSIS The applicant has requested a waiver to LDR Section 4.6.16(H)(3)(i), which requires terminal landscape islands be located at the end of each parking row with a minimum width of 9’ and depth of 15’ for a total of 135 sq. ft. Specifically, the waiver is requested for the north and south ends of the 10-space parking row in the rear of the building to one foot on each side. CBD Waiver Criteria: Pursuant to LDR Section 4.4.13(K)(8)(b)(2), waivers, in addition to the findings in LDR Section 2.4.7(B)(5), within the CBD, the following standards shall be considered when reviewing waiver requests: (a) The waiver shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls. (b) The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land. (c) The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan. (d) The waiver shall not reduce the quality of civic open spaces provided. LDR Required Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant’s Waiver Justification is attached. Staff Assessment of CBD Standards and Required Findings: The City concurs with the applicant’s request for the waiver to LDR Section 4.6.16(H)(3)(i), which requires terminal landscape islands to be located at the end of each parking row and have a minimum width of 9’ and depth of 15’ for a total of 135 sq. ft. Specifically, approval of the waiver shall not result in an inferior pedestrian experience along a Primary Street, because the affected area is behind the building, along the alley. The waiver will not create incompatibilities with the municipal parking lot to the north nor with the townhomes to the south, which have a landscape area separating the properties. The reconfigured site plan also moves the trash enclosure away from the residences. The waiver has no effect on any civic open spaces, since none are required for this site. Therefore, the request for the waiver substantially meets the standards of LDR Section 4.4.13(K)(8)(b)(2). Granting the requested waiver will not have an adverse effect on the neighboring area as discussed above and will not create and unsafe situation. Incorporating terminal islands on such a small parcel would result in the Site Plan Review and Appearance Board Staff Report – April 26, 2017 The Lisa Building (2016-209) – Class V Site Plan, Landscape Plan & Architectural Elevations Page 5 loss of two spaces, which would impact redevelopment potential of a small, infill site. The waiver would be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made for the a waiver to LDR Section 4.6.16(H)(3)(i), which requires terminal landscape islands to be located at the end of each parking row and have a minimum width of 9’ and depth of 15’ for a total of 135 sq. ft. ARCHITECTURAL ELEVATIONS ANALYSIS Pursuant to in LDR Section 4.4.13(F), the CBD has seven permitted architectural styles, which are described and illustrated in the Central Business District Architectural Design Guidelines. 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 building has been designed with an Art Deco style of architecture, which is identified as one of seven permitted architectural styles. The execution of the style leans toward the streamline modern period of Art Deco. The design includes Art Deco characteristics, such as windows at the corners, cantilevered eyebrow for shade, horizontal streamlined details on vertical elements and neon details. Concern was voiced during the review process regarding the exaggerated quality of the columns and roof line so the elevations were updated to refine the design. Pursuant to LDR Section 4.6.18(B)(14)(ii)(3) Treatment of Blank Walls, architectural design elements must be proposed to reduce blank wall space in the Downtown Area. The architect has included additional treatments to the blank wall space on the south and north elevations, despite the zero lot line condition. The treatment includes a cable trellis system to establish a green wall over time. The proposed architectural building is a high quality design product that will be compatible with the neighboring properties and will further enhance the image of the City and the downtown. This building will be located across the street from the future iPIC theater, which uses a whimsical modern elevation treatment. The Art Deco style is appropriate in close proximity to the modern architecture. Based upon the above, the proposal will be consistent with the criteria established in LDR Section 4.6.18(E). REQUIRED FINDINGS Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation). Site Plan Review and Appearance Board Staff Report – April 26, 2017 The Lisa Building (2016-209) – Class V Site Plan, Landscape Plan & Architectural Elevations Page 6 The subject property has a Future Land Use Map designation of CC (Commercial Core), and a zoning designation of CBD. It is located in the Central Core Sub-district. The CBD zoning is consistent with the Commercial Core FLUM designation. Pursuant to Table 4.4.13(A), Allowable Uses in the CBD Sub-Districts, in the Central Core, principle uses “P” include retail use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map (FLUM) designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix “A”, a positive finding of concurrency can be made as it relates to applicable standards such as water and sewer, streets and traffic, drainage, solid waste and schools. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(F)(5) for the request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found: Future Land Use Element - Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed infill development will replace an obsolete building with a structure that lines the street with storefronts and active uses, improving the downtown CBD. The proposed retail use is compatible and consistent with other existing establishments in the downtown area. Therefore, the proposed development will be complementary to adjacent land uses. Transportation Element Policy D-2.2: Bicycle parking facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. Bicycle Parking requirements are applied to new development, expansion of an existing use, and changes of use. The proposed project has provided racks to accommodate 15 bicycle parking spaces. Thus, this LDR requirement is met. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS (LDRs): Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made. LDR Section 2.4.5(F) (5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following zoning designations and uses are abutting the subject property: Zoning Designation: Land Use: North: CBD Municipal Parking Lot Site Plan Review and Appearance Board Staff Report – April 26, 2017 The Lisa Building (2016-209) – Class V Site Plan, Landscape Plan & Architectural Elevations Page 7 South: CBD Townhouses East: CBD ACE Hardware Store West: CBD Future iPIC Theater The surrounding uses are diverse, which is typical of development in the Central Core (CC) of the Central Business District (CBD). The small scale retail building will be compatible with the surrounding parking, residential, retail, and entertainment uses and consistent with the mixed-use district. Thus, a finding can be made that the use will not have a detrimental effect upon the stability of the downtown, nor will it hinder the development or redevelopment of nearby properties. Thus, positive findings can be made pursuant to LDR Section 2.4.5(F)(5). REVIEW BY OTHERS At its meeting of January 12, 2017, the CRA (Community Redevelopment Agency) reviewed the development proposal and recommended approval. At the meeting of January 9, 2017, the DDA (Downtown Development Authority) reviewed the development proposal and recommended approval. Courtesy notices have been provided to the following organizations that have requested notice of developments in their areas:  Chamber of Commerce  Downtown Development Authority ASSESSMENT AND CONCLUSION The Class V Site Plan development proposal is associated with demolition of an existing buildings and construction of a new one-story retail development containing 7,249 sq. ft. of retail uses. One waiver to the terminal landscape island requirement is requested and supported by staff to accommodate as many on-site parking spaces as possible on a small site, accessed from the alley and located behind the building Staff supports the Art Deco building design, which is one of seven styles defined for the CBD Zoning District. The retail development will be consistent with the current policies and objectives of the Comprehensive Plan and Chapter 3 of the Land Development Regulations, subject to the conditions as indicated in the staff report. Therefore, positive findings can be made with respect to Section 2.4.5(F)(5). ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Waivers, Class V Site Plan, Landscape Plan and Architectural Elevations for The Lisa Building, located at 47 SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5), 4.4.13(K)(8)(b)(2), 4.6.16, 4.6.18(E) and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the Waivers, Class V Site Plan, Landscape Plan and Architectural Elevations for The Lisa Building, located at 47 SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5), 4.4.13(K)(8)(b)(2), 4.6.16, 4.6.18(E) and Chapter 3 of the Land Development Regulations. RECOMMENDED ACTION Site Plan Review and Appearance Board Staff Report – April 26, 2017 The Lisa Building (2016-209) – Class V Site Plan, Landscape Plan & Architectural Elevations Page 8 By Separate Motions: Terminal Landscape Island Waiver: Move approval of the requested waiver to LDR Section 4.6.16(H)(3)(i), to permit a 1’-0” wide terminal landscape island at the end of each parking row, whereas 9’-0” is required, due to positive findings identified in the staff report and consistency with LDR Sections 4.4.13(K)(8) and 2.4.7(B)(5). Site Plan: Move approval of the Class V Site Plan (2016-209) for The Lisa Building, located at 47 SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the final installation of demising walls, which define tenant space, indicated on the plans shall not create a space larger than 75’-0” in width; 2. That prior to building permit issuance, the In Lieu Parking Agreement must be recorded in the public records of Palm Beach County and 50% of the fee ($42,320) must be paid to the City; 3. The Photometric Plan be revised to light the walkway that links the sidewalk to bike parking to the rear parking lot and alley; and 4. That the Engineering Technical Comments in Appendix C are addressed prior to Site Plan Certification. Landscape Plan: Move approval of the Landscape Plan for The Lisa Building, located at 47 SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in 4.6.16, Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations. Architectural Elevations: Move approval of the Architectural Elevations for The Lisa Building, located at 47 SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E), and Section 4.4.13 (F)(3) of the Land Development Regulations Staff Report Prepared by: Anthea Gianniotes, AICP, Senior Planner Attachments: Site Plan, Landscape Plan, Architectural Elevations, Waiver Justifications, Appendix “A”, Appendix “B” & Appendix “C” Site Plan Review and Appearance Board Staff Report – April 26, 2017 The Lisa Building (2016-209) – Class V Site Plan, Landscape Plan & Architectural Elevations Page 9 APPENDIX “A” CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer:  Water Service is available via an existing 8” water main within the adjacent rear alley ROW to the east.  Sewer Service is available via an existing 8” sewer main within the adjacent rear alley ROW to the east. Pursuant to the City’s Comprehensive Plan, treatment capacity is available at the City’s Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: It is noted that the site is located within the City’s Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC and OSSHAD. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes. However, a traffic statement was prepared which indicates that The Lisa Building will generate an increase of 343 daily trips, a reduction of 14 am peak trips and 33 pm peak hour trips. The Palm Beach County Traffic Division has issued a traffic concurrency determination letter on August 23, 2016 indicating the development proposal compliance with Palm Beach County traffic standards and is valid through build-out on December 31, 2021. Parks and Recreation Facilities: Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per each new dwelling unit will be collected prior to issuance of a building permit. This standard does not apply to retail use. Solid Waste: The existing office building (4,795 sq. ft.) generates 12.9 tons of solid waste per year. The proposed retail 7,249 sq. ft. of retail use will generate 37 tons of solid waste per year. There is a 24.1 ton net increase in solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2047. Schools: The proposed development does not contain residential units and therefore, is not subject to school concurrency. Drainage: Drainage will sheet flow on site to an 80-ft. trench drain running parallel to the alley. There are no problems anticipated with respect to drainage as it relates to this standard. Site Plan Review and Appearance Board Staff Report – April 26, 2017 The Lisa Building (2016-209) – Class V Site Plan, Landscape Plan & Architectural Elevations Page 10 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 Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable 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. Not applicable X Meets intent of standard Does not meet intent Site Plan Review and Appearance Board Staff Report – April 26, 2017 The Lisa Building (2016-209) – Class V Site Plan, Landscape Plan & Architectural Elevations Page 11 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 Site Plan Review and Appearance Board Staff Report – April 26, 2017 The Lisa Building (2016-209) – Class V Site Plan, Landscape Plan & Architectural Elevations Page 12 APPENDIX C PRELIMINARY ENGINEERING TECHNICAL COMMENTS 1. Please provide signed and sealed drainage report indicating the proposed system’s ability to meet storm water requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3 (D) (7). In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr./24 hr. storm event. 2. Indicate location of existing water service on Civil Plans per LDR Section 2.4.3 (B) (8) and 2.4.3 (D) (3) including type and size of existing lines. Provide notes that state the disposition of all existing facilities including service lines and meters. Provide proposed backflow preventer and meter locations as well as fire hydrant location. 3. Provide the following note on both the Engineering Plans and the Landscape Plans that, “any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2.” These Details are to be shown on the Landscape Plans. 4. Provide note on Civil Plans that “water meter sizes shall be designed by Engineer of Record and shall be checked and authorized by City of Delray Beach Utilities Division.” Water meter sizes will be finalized during the City’s permit review process. 5. Provide cost estimate for improvements in accordance with LDR Section 2.4.10. Estimate needs to be certified by Engineer of Record and include all costs associated with water, sanitary sewer, paving and drainage costs. These are the costs for improvements to be maintained by the City or which is necessary to adequately provide service to or on site and for guaranteeing its installation and that it properly functions. Please use the latest version of the spreadsheet “Engineer’s Opinion of Cost” when submitting cost estimate; an electronic copy is available upon request. In addition, as part of the project closeout requirements, this spreadsheet is to be used to submit the final quantities, especially the City maintained quantities with associated cost. 6. (If required) Provide 110% surety (financial guarantee) amount in accordance with LDR Section 2.4.10 as estimated in the “Engineer’s Opinion of Cost.” Prior to Certificate of Occupancy and return of the 110% surety, a 10% warranty surety will be required. 7. (If required) Provide Financial Guarantee Agreement for 110% surety in accordance with LDR Section 2.4.10. Agreements can be obtained online at www.mydelraybeach.com, go to Environmental Services Department, Standard Details then select appropriate agreement. 8. (If required) Provide 2% engineering inspection fee based on the total water and sewer improvements as estimated in the “Engineer’s Opinion of Cost.” 9. Submit “As-Built Checklist” form indicating which items will be required on as-builts. The Engineer of Record will be required to submit two sets of black / blue line prints and one mylar of the as-builts as part of project close-out. Form and as-built requirements can be obtained at www.mydelraybeach.com, go to Environmental Services Department, Standard Details then select section with pages C-8 thru C- 10. Please Resubmit Through The Planning and Zoning Department; and Clearly Indicate Which Documents Are For The Engineering Division. Also, Ensure A Complete Set Of Plans Is Provided For The Engineering Division. 11. Additional comments may follow after review of revised plans. UIS J. CARBONE, P.A. A PROFESSIONAL ASSOCIATION 90 SE 4th AVENUE SUITE 1 DELRAY BEACH, FL 33483 (561) 272-0282 FAX (561)272-6013 E-MAIL: LJCLEGAL@AOL.COM NEW JERSEY OFFICE 70 Hudson Street *ln House Counsel Penthouse Suite Hoboken, New Jersey 07030 NEW YORK OFFICE 254 Katonah Avenue Katonah, New York 10536 September 26, 2016 Candi Jefferson, Senior Planner Planning and Zoning Department City of Delray Beach I 00 N.W. Ist. Avenue Delray Beach, Florida 33444 RE: Waiver Request Project: Property Location: LDR Section 4.6.16(H)(3)(i) The Lisa Building Class V Site Plan Application 47 SE 5th Avenue Delray Beach FL. Dear Ms. Jefferson: As agent for and on behalf of 104-106 Delancey Realty LLC the owner of the above premi ses, we hereby submit this Waiver Request with respect to the above Land Development Regulations (LOR) in connection with the above referenced Class V Site Plan application. Background: The Project consists of the new construction of a one-story building with five (5) commercial retail stores (bays) with an approximate size of 8,000 square feet located in the Central Business District (CBD) at 47 SE 5th Avenue Delray Beach FL and to be known as The Lisa Building ("Building" ) LDR Requirement: LOR Section 4.6.16(H)(3)(i) requires a nine (9') terminal landscape island at the end of each parking row. Waiver Request: To eliminate the specified LDR Landscape requirement for a nine (9') terminal landscape island at the end of each parking row. The applicant proposed to reduce the width of the landscape island to one (I') foot. Waiver Justification: The Waiver Request is justified for the following reasons: Due to the alley Right of Way dedication that the Applicant has been asked to provide for this Project and the limited lot size the waiver is deemed necessary to adequately accommodate the on-site parking configuration. lt should be noted that by dedicating a two (2) foot right of way to the City in connection with this project it increase the width of the current public alley right of way. l (f) Approval of the waiver shall not result in an inferior pedestrian experience because neither location is along a Primary Street. The buffer to the North is along the alley. The buffer to the South abuts an interior lot. Additionally a pedestrian walkway has been provided along the length of the south side Building to provide a safe pedestrian walkway. (g) The waiver also has no effect on any civic open spaces since none are provided. (h) Granting the requested waiver will not have an adverse effect on the neighboring area and will not create an unsafe condition because the adjacent land uses to the north and south are also commercial. To the East the parking row is also buffered by an existing 16' alley. (i) The Waiver Request does not create an unsafe condition or situation as there is sufficient space still provided at the end of each parking row. U) Additional Landscape areas have been provided in the front of the parking spaces and along the South side of the Building. (k) The Waiver Request does not grant special privilege in that the same waiver has and would be granted under similar circumstances on other property for another applicant or owner. Given that there are many existing properties located in the Central Business District (CBD) which do not have a 5' foot landscape buffer adjacent to a vehicular use areas the same waiver would be granted under similar circumstances on other property for another applicant or owner and would not create a special grant or privilege. Based on the foregoing, we request this Waiver Request from LDR Section 4.6.16(H)(3)(i) be granted in connection with the subject Site Plan Application as justified above. We have enclosed a check for the Waiver Request fee payable to the City of Delray Beach. LO~PA By:~ -L=-o-=--u=-=1s=J='""". ---=c-A-'RB'""=o_N_E _ LJC/aja cc: l 04-106 Delancey Realty LLC File 16 ' - 0 " 1 6 ' P L A T T E D A L L E Y O F W A Y P A V E D 16 ' - 0 " 1 0 ' - 9 " 30' - 0 " 30' - 0 " 2'- 0 " 2 ' C o n c . C u r b & G u t t e r P A V E D S . E . 5 T H A V E N U E S O U T H B O U N D U . S . H I G H W A Y N O 1 . C L E x i s t i n g 2 ' C o n c . 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Fo r m e r P r o p e r t y l i n e 8 " 3'-0 " 8 " 3'-0 " (3 ) 3 - b i k e ra c k s . S e e D t l s . A/A 2 & B / A 2 64 S E 6 t h A v e . CBD 50 S E 6 t h A v e . CBD EX I S T I N G LIG H T PO L E EXI S T I N G POL E ON E W A Y ON E W A Y ±0 ' - 0 " ( 1 5 . 4 0 ' N . G . V . D . ) T/F i n . F l o o r CO M P A C T C A R ON L Y PA I N T E D O N APP R O P . WH E E L S T O P S WAI V E R REQ U E S T E D WA I V E R RE Q U E S T E D GAT E S Pro p o s e d S i t e P l a n Sit e D a t a 1" = 1 0 ' S C 2 © P A U L R I C H A R D B R A U T I G A N , A R C H I T E C T A R 0 0 1 1 0 7 3 ALL D E S I G N S , C O N C E P T S , A N D I D E A S C O N T A I N E D A N D R E P R E S E N T E D H E R E I N A R E T H E P R O P E R T Y O F R I C K B R A U T I G A N A R C H I T E C T U R E , I N C . A N D M A Y N O T B E A L T E R E D , C H A N G E D , M O D I F I E D O R C O P I E D W I T H O U T T H E P E R M I S S I O N O F R I C K B R A U T I G A N A R C H I T E C T U R E , I N C . E X P R E S S E D I N W R ITIN G . 1. D R A W I N G S A R E N O T T O B E S C A L E D . W R I T T E N D I M E N S I O N S H A V E P R E C E D E N C E O V E R A L L S C A L E D D I M E N S I O N S . 2 . C O N T R A C T O R T O V E R I F Y A L L D I MEN S I O N S A N D A D V I S E A R C H I T E C T O F A N Y D I S C R E P A N C I E S . C O N S T R U C T I O N S H A L L N O T P R O C E E D U N T I L S A I D D I S C R E P A N C I E S H A V E B E E N R E S O L V E D . 3. N O M A T E R I A L S O R S Y S T E M S A R E T O B E F A B R I C A T E D U N T I L : A ) A L L D I M E N S I O N S H A V E B E E N V E R I F I E D B Y C O N T R A C T O R B ) S H O P D R A W I N G S H A V E B E E N R E V I E W E D A N D A C C E P T E D B Y T H E A R C H I T E C T A 1 0 2 5 S D i x i e H i g h w a y D e l r a y B e a c h , F L 3 3 4 8 3 P h : 5 6 1 . 2 7 2 . 9 0 8 6 F x : 5 6 1 . 2 7 2 . 5 6 3 6 A A C 0 0 2 0 2 9 A Is s u e d De l r a y B e a c h , F l o r i d a 4 7 S . E . 5 t h A v e RB A . P N . 15 6 1 5 . 1 2 Th e L i s a B l d g . NO R T H 8- 5 - 1 6 : G . C . B i d S e t 9- 2 1 - 1 6 : S P R A B Re s u b m i t t a l 6. 1 6 . 1 6 : S P R A B S e t 1 9- 2 8 - 1 6 : R e v i s i o n s 2 3 11 - 4 - 1 6 : R e v i s i o n s 4 3- 1 0 - 1 7 : P & Z C o m m . PR O J E C T D A T A Sit e T o t a l A r e a _ _ _ _ _ _ 1 3 , 0 9 8 S . F . ( . 3 A C R E S ) Ex i s t i n g Z o n i n g _ _ _ C E N T R A L B U S I N E S S ( C B D ) D I S T R I C T To t a l I m p e r v i o u s A r e a : 12 , 2 3 5 S . F . 9 3 % -P r o p o s e d B u i l d i n g F o o t p r i n t : 7,2 4 9 S . F . 5 6 % -P r o p o s e d P a v e m e n t : 2,4 0 4 S . F . 1 8 % -P r o p o s e d P a v e r s : 1,4 7 0 S . F . 1 1 % -P r o p o s e d C o n c r e t e : 1,1 1 2 S . F . 9 % Op e n S p a c e ( L a n s c a p e d ) : 79 7 S . F . 6 % Flo r i d a F i r e P r e v e n t i o n C o d e 5 t h E d i t i o n . Se e L i f e S a f e t y p l a n o n S h e e t A 3 Kn o x B o x @ + 6 ' A b . F i n . W a l k . a d j a c e n t m a i n e n t r a n c e (c e n t e r b a y ' s f r o n t d o o r ) Typ e o f c o n s t r u c t i o n i s t y p e V B . Bu i l d i n g i s N O T s p r i n k l e r e d ( h i g h e s t t o p o f p r o p o s e d ro o f d e c k i s 1 9 ' - 8 " A . F . F . ) Min . 6 " H . B l d g . N u m b e r s ( s e e e l e v a t i o n s ) Fir e H y d r a n t s a r e l o c a t e d a p p r o p r i a t e l y alo n g t h e r e c e n t l y i m p r o v e d N . E . 5 t h A v e . FD - 1 FD - 2 FD - 3 FD - 4 FD - 5 FD - 6 Fir e D e p a r t m e n t N o t e s : LO C A T I O N M A P : N SIT E U S E R E Q U I R E M E N T S P R O V I D E D RET A I L / C O M M E R C I A L 2 / 1 , 0 0 0 S . F . G R O S S F L O O R A R E A 7 , 2 4 9 S . F . / 1 K ( 2 ) = 1 4 R E Q U I R E D 1 4 P R O V I D E D CO M P A C T C A R P A R K I N G 30 % A L L O W E D = 1 4 R E Q ' D . S P A C E S x . 3 0 = 4 . 2 PR O V I D E D : ( 4 ) C O M P A C T S P A C E S RE Q U I R E D B I C Y C L E P A R K I N G PE R T A B L E 4 . 4 . 1 3 ( K ) All n e w U t i l i t y S e r v i c e s f o r Pro p o s e d S t r u c t u r e m u s t b e pla c e d U n d e r g r o u n d 'C O U R T Y A R D S O F D E L R A Y ' MU L T I - F A M I L Y CB D Z O N I N G CIT Y O F D E L R A Y B E A C H PA R K I N G L O T CB D Z O N I N G TY P E O F C O N S T R U C T I O N : V B 1. F l o r i d a B u i l d i n g C o d e 2 0 1 4 ( 5 t h E d i t i o n ) 2. F l o r i d a F i r e P r e v e n t i o n C o d e 5 t h E d i t i o n 2 0 1 2 3. N F P A 1 & 1 0 1 L i f e S a f e t y C o d e F l o r i d a s p e c i f i c e d i t i o n s 4. F l o r i d a B u i l d i n g C o d e - A c c e s s i b i l i t y , 2 0 1 4 E d i t i o n AP P L I C A B L E C O D E S NO . O F S T O R I E S : 1 ST R U C T U R A L D A T A : 1. B a s i c W i n d S p e e d 1 7 0 3 s e c g u s t 2. W i n d I m p o r t a n c e F a c t o r 1 . 0 3. C a t e g o r y 2 4. W i n d E x p o s u r e C 5. I n t e r n a l P r e s s u r e C o e f f i c i e n t S e e E l e v a t i o n 6. B u i l d i n g d e s i g n E n c l o s e d +/- 0 . 1 8 - N O T S P R I N K L E R E D Me r c a n t i l e O c c u p a n c y Pro p o s e d O c c u p a n c y : DI M E N S I O N A L R E Q U I R E M E N T S C H A R T : U S E R E Q U I R E M E N T S P R O V I D E D RET A I L / C O M M E R C I A L 1 / 5 0 0 S . F . G R O S S F L O O R A R E A 1 0 ( I N C L U D I N G 1 H A N D I C A P ) 7 , 2 4 9 S . F . / 5 0 0 K = 1 4 . 4 R E Q U I R E D RE Q U I R E D O F F - S T R E E T P A R K I N G PE R T A B L E 4 . 4 . 1 3 ( L ) 5- B i k e R a c k D e t a i l - R B 0 5 N.T . S . Anc h o r i n 1 2 " Ø x 1 6 " D P C o n c . SIT E P L A N N O T E S : Ex i s t i n g R o y a l P a l m s t r e e t t r e e s Str e e t s c a p e : C u r b z o n e / P e d . C l e a r . z o n e / F r . s e t b a c k . Ex i s t i n g p a v e r w a l k w a y ( c i t y s t d . ) Pro p o s e d p a v e r s t o m a t c h c i t y s t d . I n s t a l l pe r c i t y s t d . S e e C i v i l p l a n s f o r d e t a i l s Ex i s t i n g L a n d s c a p e a r e a t o r e m a i n SP- 1 SP- 2 SP- 3 SP- 4 SP- 5 SP - 6 SP - 7 Se e C i v i l d r a w i n g s f o r t y p i c a l p a r k i n g / s t r i p i n g / p a v i n g d t l s Se e S e c t i o n o n s h e e t A 7 SP - 3 SP- 4 Pro p o s e d L a n d s c a p e a r e a ( s e e L a n d s c a p e P l a n s ) SP - 8 Ex i s t i n g p a v e d p a r k i n g a n d c o n c r e t e c u r b s i n a d j a c e n t pro p e r t y SP- 8 SP - 8 SP- 7 SP- 6 SP- 6 SP - 6 SP - 9 Ex i s t i n g P a l m t r e e t o r e m a i n SP- 9 SP- 9 SP- 9 SP- 9 SP - 1 0 Ex i s t i n g m a n h o l e t o r e m a i n SP - 1 0 SP - 9 CIT Y O F D E L R A Y B E A C H ' S PA R K I N G L O T CB D Z O N I N G SP - 1 1 Ex i s t i n g b u s s h e l t e r a c r o s s t h e s t r e e t SP- 1 1 SP - 1 2 Ex i s t i n g a c c e s s d r i v e w a y t o r e m a i n SP - 1 2 SP - 1 2 SP - 1 2 SP - 1 3 Re m o v e e x i s t i n g a c c e s s d r i v e w a y . I n s t a l l n e w c u r b s & gra s s . S e e C i v i l d w g s SP- 1 3 SP - 1 4 Ap p r o x i m a t e l o c a t i o n o f a d j a c e n t p r o p e r t y ' s l o t l i n e SP- 1 4 SP - 1 4 SP- 1 4 SP - 1 4 MAX . I N L I E U P A R K I N G A L L O W E D 30% : 1 5 x . 3 = 4 . 2 4 I N - L I E U P A R K I N G S P A C E S 3 - B i k e R a c k D e t a i l N.T . S . Anc h o r i n 1 2 " Ø x 1 6 " D P C o n c . +5' - 0 " H . Top o f w a l l CH A R T R E Q U E S T E D B Y C A N D I J E F F E R S O N : 1 1 1 1 1 1 1 SP- 6 SP- 6 SP- 6 FD - 3 B A2AA2 SP- 2 2 10 1 1 120 1 80 80 4 41 1 10 1 16 2 16 16 1 4 So d 2 Brg Alu m i n u m L a n d s c a p e Ed g e r 15 5 Bik e R a c k s ( S e e A r c h . Pla n s ) 75 30 210 12 1 1 1'- 0 " BAC K O F C U R B ( T Y P . ) EXC A V A T I O N A R E A ( 3 0 " D E P T H ) CO M P A C T E D S O I L ( 1 2 " W I D E ) L- 2 La n d s c a p e P l a n NO R T H Au t o m a t i c I r r i g a t i o n s y s t e m t o p r o v i d e 1 0 0 % i r r i g a t i o n c o v e r a g e , w i t h 1 0 0 % o v e r l a p m i n i m u m , w i t h a pro g r a m m a b l e c o n t r o l l e r a n d r a i n s e n s o r . S h r u b & T u r f z o n e s a r e t o b e s e p a r a t e d . T H E R E S H A L L B E N O TR E E S O R S H R U B S P L A C E D W I T H I N W A T E R , S E W E R O R D R A I N A G E E A S E M E N T S Pa r k i n g A r e a S o i l Re p l a c e m e n t D e t a i l PLA N T M A T E R I A L S C H E D U L E Qty . Key Bo t a n i c a l n a m e Co m m o n n a m e Siz e 1 PE P - D - R P t y c h o s p e r m a e l e g a n s Ale x a n d e r P a l m , D o u b l e , R e l o c a t e 18' O . A . 2 DD P - R D y p s i s d e c a r y i Tri a n g l e P a l m 18' O . A . 38 PS R * Pen n i s e t u m s e t a c e u m ' R u b r u m ' Re d F o u n t a i n G r a s s 2 0 " - 2 4 " 3 g , @ 3 0 " O . C . 31 MG * Mu h l e n b e r g i a c a p i l l a r i s Mu h i l l y G r a s s 2 0 " - 2 4 " 3 g , @ 3 0 " O . C . 41 MF * My r c i a n t h e s f r a g r a n s Sim p s o n ' s S t o p p e r 24 " 3 g , @ 2 ' O . C . 1 PE P - S - R Pty c h o s p e r m a e l e g a n s Ale x a n d e r P a l m , S i n g l e . R e l o c a t e 1 8 ' O . A . 2 AM P - S Ch r i s t m a s P a l m , S i n g l e . M a t c h i n g 5 ' - 6 ' O . A . Ad o n i d i a m e r r i l l i i 20 PG * Mo s e R o s e . A s s o r t e d 1 g Po r t u l a c a g r a n d i f l o r a 49 0 GIF * Gre e n I s l a n d F i c u s 1 8 " 3 g . @ 1 2 " O . C . Fic u s m i c r o c a r p a 4 LIT L a g e r s t r o e m i a i n d i c a Cra p e M y r t l e , W a t e r m e l o n R e d 1 2 ' x 5 ' , 6 ' C T . M u l t i - s t e m ( 3 m a x ) 1 4 ET - T Eu g e n i a m y r t i f o l i a Eu g e n i a T o p i a r y C o n i c a l S h a p e 4.5 ' - 5 ' O . A . M a t c h i n g 12 AZ- V Alp i n i a z e r u m b e t , v a r i e g a t e d Var i e g a t e d g i n g e r 30" 3 g . @ 3 0 " o c . 5 TJ V Tra c h e l o s p e r m u m j a s m i n o i d e s Con f e d e r a t e j a s m i n e v i n e 3-4 ' t r e l l i s esp a l i e r t o g r e e n w a l l (ec o - m e s h ) s e e a r c h d r a w i n g s f o r d e t a i l 30 CT- R S Co r d y l i n e f r u t i c o s a Red s i s t e r 4-5 ' m u l t i 75 JM Tra c h e l o s p e r m u m a s i a t i c u m Ja s m i n e M i n i m a 15 " 3 g . @ 2 4 " o c . 2 c u b i c y a r d s B R G B r o w n r i v e r g r a v e l, o n t y p a r f i l t e r f a b r i c 1 RE P - 1 5 2 PE P - S Pty c h o s p e r m a e l e g a n s Ale x a n d e r P a l m , S i n g l e . 1 8 ' O . A . Ro y s t o n e a e l a t a Fl. R o y a l p a l m 15' g r y . w d . GE N E R A L L A N D S C A P E N O T E S : 1. A l l p l a n t m a t e r i a l s h a l l b e F 1 , # 1 , o r b e t t e r , a s p e r t h e l a te s t a d d i t i o n o f F 1 , G r a d e s & s t a n d a r d s . A l l "s p e c i m e n " q u a l i t y m a t e r i a l s s h a l l b e F , F a n c y , a n d s h a l l b e p r e-a p p r o v e d b y t h e L a n d s c a p e A r c h i t e c t . 2. A l l p l a n t m a t e r i a l s s h a l l b e t r u e t o n a m e & s i z e , a s p e r F 1 , G r a d e s & S t a n d a r d s . P l a n t m a t e r i a l s w h i c h do n o t m e e t , o r e x c e e d t h e s e s t a n d a r d s w i l l n o t b e a c c e p t e d . 3. Q u a n t i t i e s , s i z e s , a n d l o c a t i o n s o f p l a n t s w i l l b e d e t e r m i n e d b y t h e p l a n a n d m a t e r i a l s c h e d u l e . S i z e s of t h e s p e c i f i e d p l a n t s s h a l l t a k e p r e c e d e n c e o v e r t h e c o n t a i n e r s i z e . S p a c i n g o f t h e g r o u n d c o v e r s w i l l be d e t e r m i n e d b y t h e m a t e r i a l s c h e d u l e . Q u a n t i t i e s s h o w n o n t h e m a t e r i a l s c h e d u l e a r e t o b e u s e d a s a gu i d e l i n e . T h e l a n d s c a p 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 t h e a c t u a l q u a n t i t i e s s h o w n o n t h e p l a n . T h e pla n s w i l l t a k e p r e c e d e n c e o v e r t h e m a t e r i a l s c h e d u l e . D i s c r e p a nc i e s s h a l l b e b r o u g h t t o t h e a t t e n t i o n o f th e L a n d s c a p e A r c h i t e c t , p r i o r t o c o m m e n c i n g . 4. N o s u b s t i t u t i o n s s h a l l b e a c c e p t e d w i t h o u t t h e L a n d s c a p e A r c hite c t ' s w r i t t e n a p p r o v a l . A l l s u b s t i t u t i o n re q u e s t s s h a l l b e m a d e i n w r i t i n g . 5. P l a n t i n g s o i l s s h a l l b e c l e a n , s t e r i l e , a n d f r e e o f d e b r i s . So i l s h a l l c o n s i s t o f 5 0 % F l . m u c k % 5 0 % c l e a n sa n d . T r e e ' s s h a l l b e i n s t a l l e d w i t h a m i n i m u m o f 6 " o n s i d e s & b o t t o m o f r o o t b a l l s . S h r u b s , p l a n t s & gro u n d c o v e r s s h a l l b e i n s t a l l e d w i t h a m i n i m u m o f 6 " o n s i d e s & b o t t o m o f r o o t b a l l s . R o o t e d c u t t i n g s sh a l l b e i n s t a l l e d w i t h a m i n i m u m o f 4 " o f p l a n t i n g s o i l s w o r k e d in t o t h e t o p 6 " o f t h e e x i s t i n g s o i l s . S a b a l pa l m s a n d P h o e n i x s p e c i e s h a l l b e i n s t a l l e d w i t h a c l e a n w e l l d ra i n e d s a n d . 6. M i l a r g a n i t e , o r e q u a l , f e r t i l i z e r s h a l l b e a p p l i e d t o a l l p l ant i n g s , p e r m a n u f a c t u r e s r e c o m m e n d a t i o n s . I n ad d i t i o n , " A g r i f o r m " t a b l e t s ( 2 0 - 1 0 - 5 ) s h a l l a l s o b e a p p l i e d t o a l l p l a n t s 1 g a l . , a n d a b o v e , p e r ma n u f a c t u r e s r e c o m m e n d a t i o n s . 7. A l l t r e e ' s & p a l m s s h a l l b e m u l c h e d w i t h a 3 f t . d i a m e t e r c i r cle . 3 " m i n i m u m d e p t h . A l l p l a n t i n g b e d s sh a l l r e c e i v e 3 " f i n i s h e d d e p t h , m u l c h u p o n c o m p l e t i o n o f p l a n tin g p r o c e s s . M u l c h s h a l l " E u c a l y p t u s " , o r ap p r o v e d e q u a l . N O C Y P R E S S M U L C H S H A L L B E U T I L I Z E D O N T H E P R O J E CT . 8. A l l p l a n t s s h a l l b e p l a n t e d a t s o i l l e v e l s w h i c h t h e y w e r e p re v i o u s l y g r o w n . S h r u b s a n d h e d g e s a r e t o be p l a n t e d 2 f t . a w a y f r o m a n y w a l l , o r s t r u c t u r e s . M a t e r i a l s w i th a s i x g r e a t e r t h a n o v e r h a n g s s h a l l b e pla n t e d s o a s n o t t o i m p e d e t h e n a t u r a l g r o w t h h a b i t o f t h e p l a nt. 9. A l l m a t e r i a l s a r e t o b e w a t e r e d - i n i m m e d i a t e l y a f t e r p l a n t i n g, s o a s t o r e m o v e a l l a i r p o c k e t s . B I B ma t e r i a l s a r e a t o b e h a n d - w a t e r e d f o r a m i n i m u m o f 1 w e e k a f t e r in s t a l l a t i o n , a n d t h e r e - a f t e r a s r e q u i r e d . Co n t r a c t o r s h a l l a d v i s e t h e o w n e r o f a n y a d d i t i o n a l h a n d - w a t e r i ng r e q u i r e m e n t s . 10 . A l l t r e e ' s 8 f t . , o r l a r g e r , a r e t o b e s t a k e d , o r g u y e d , t o pro v i d e a m p l e s u p p o r t s u c h t h a t m a t e r i a l s re m a i n s t r a i g h t & t r u e i n a n u p - r i g h t p o s i t i o n t h r o u g h t h e g u a r an t e e p e r i o d . S t a k i n g & g u y i n g s h a l l b e pe r f o r m e d a t t h e o p t i o n o f t h e l a n d s c a p e c o n t r a c t o r , e x c e p t w h e re r e q u i r e d b y c o d e . H o w e v e r , t h e la n d s c a p 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 l l t r e e ' s & p a l m s r e m a i n i n g s t r a i g h t & t r u e t h r o u g h t h e gu a r a n t e e p e r i o d . I n t h e e v e n t t h a t a m a t e r i a l s h i f t s a f t e r i t ha s b e e n p r o p e r l y s t a k e d , o r g u y e d , t h e la n d s c a p e c o n t r a c t o r s h a l l n o t b e h e l d r e s p o n s i b l e . 11 . A l l s o d s h a l l b e " F l o r a t a m " , u n l e s s o t h e r w i s e s p e c i f i e d . S o d s h a l l b e d e n s e , g r e e n , w e l l - r o o t e d , a n d fre e o f d e b r i s , w e e d s , d i s e a s e , o r i n s e c t s . A c o m p l e t e 6 - 6 - 6 f e rti l i z e r s h a l l b e a p p l i e d a t a r a t e o f 1 0 l b s . pe r 1 , 0 0 0 s q . f t . . S o d i s t o b e w a t e r e d t o a d e p t h o f 3 " i m m e d i a t ely a f t e r i n s t a l l a t i o n . G r a d e s a r e t o b e ra k e d s m o o t h , a n d a l l d e b r i s r e m o v e d , p r i o r t o i n s t a l l a t i o n . 12 . A l l t r e e ' s , p l a n t s & g r o u n d - c o v e r s s h a l l b e g u a r a n t e e d f o r a p e r i o d o f 1 2 0 d a y s , a n d a l l p a l m s a r e f o r a p e r i o d o f o n e y e a r , a f t e r t h e d a t e o f s u b s t a n t i a l c o m p l e t i o n . P h o e n i x c a n a r i e n s i s & d a c t y l i f e r a p a l m s are t o b e m a i n t a i n e d , p e r g r o w e r s / s u p p l i e r s r e c o m m e n d a t i o n s , b y a q u a l i f i e d p e r s o n , o r f i r m . S a i d ma i n t e n a n c e p r o g r a m s h a l l b e t h e r e s p o n s i b i l i t y o f t h e o w n e r . T he l a n d s c a p e i n v o i c e w i l l b e d e e m e d a s re j e c t i o n o f t h e p l a n t m a t e r i a l s . T h e l a n d s c a p e c o n t r a c t o r s h a l l r e m o v e a n y , o r a l l o f t h e r e j e c t e d ma t e r i a l s f r o m t h e s i t e a s t h e i r d i s c r e t i o n . 13 . T h e r e m o v a l o f " b a s e r o c k " i s n o t i n c l u d e d i n t h e l a n d s c a p e c o n t r a c t . 14 . A l l g r a d e s a r e t o b e w i t h i n 2 " o f f i n i s h e d g r a d e s , p r i o r t o th e l a n d s c a p e c o n t r a c t o r c o m m e n c i n g w o r k . NO T E : Ex i s t i n g n a t i v e s o i l w i t h i n a l l l a n d s c a p e i n s l a n d s , i n t e r i o r l a nd s c a p e s t r i p s a n d pe r i m e t e r l a n d s c a p e s t r i p s , a d j a c e n t t o v e h i c u l a r u s e a r e a s , s h all b e e x c a v a t e d d o w n to a d e p t h o f t h i r t y ( 3 0 ) i n c h e s b e l o w e x i s t i n g g r a d e , e x c e p t f or a 1 2 " b u f f e r f r o m t h e in s i d e o f c u r b o r p a v e m e n t ( s e e d e t a i l ) . A s u i t a b l e p l a n t i n g s oil m i x t u r e o f f i f t y / f i f t y (5 0 / 5 0 ) , s i x t y / f o r t y ( 6 0 / 4 0 ) ( s a n d / p l a n t i n g s o i l ) s h a l l e i t h be b a c k f i l l e d i n p l a c e o f t h e na t i v e s o i l o r e f f i c i e n t l y m i x e d w i t h t h e n a t i v e s o i l c r e a t e a n o p t i m u m e n v i r o n m e n t f o r su c c e s s f u l r o o t d e v e l o p m e n t . I f n a t i v e s o i l i s t o b e m i x e d , i t s h a l l f i r s t b e s c r e e n e d t o re m o v e r o c k s a n d d e b r i s l a r g e r t h a n o n e - h a l f ( 1 / 2 ) i n c h i n d i a m ete r p r i o r t o m i x i n g . A l l pro p e r t i e s u n d e r t h i s s e c t i o n s h a l l b e r e q u i r e d t o h a v e a n o p e n la n d s c a p e b e d in s p e c t i o n p r i o r t o b a c k f i l l i n g t o i n s u r e t h e t h r i t y ( 3 0 ) i n c h de p t h h a s b e e n m e t . No t e : RB : - D e n o t e s r o o t B a r r i e r . Se e S h e e t L 1 F o r De s i g n a t e d T r e e s 6" m i n . C l e a n S a n d 4" H i g h S a u c e r 6" m i n . C l e a n S a n d PT P w o o d s t a k e s u i t a b l e s i z e & le n g t h t o h o l d b r a c e s , ( 2 4 " x 2 " x 4 " min . s t a k e s i z e ) d r i v e f l u s h w / f i n i s h gra d e , s t a k e n a i l e d t o b r a c e . Exi s t i n g G r a d e 3" m u l c h Cha r t r e u s e s u r v e y fla g g i n g t a p e (3 ) 2 4 " x 4 " x 8 " b r a c e s nai l e d i n t o b l o c k i n g ( s e e not e b e l o w f o r r e l o c a t e d Ro y a l P a l m s ) 2"x 4 " P T P w o o d b l o c k i n g ban d e d a r o u n d t r u n k ( n o t nai l e d ) w / t r i p l e l a y e r bur l a p b e t w e e n t r u n k & blo c k i n g . Str a i g h t T r u n k P a l m s C l e a r T r u n k O v e r a l l H e i g h t Pla n t i n g S o i l 3" m u l c h 6" m i n . 6" m i n . Fin i s h e d Gra d e Sh r u b s C l e a r T r u n k Sp r e a d 3" m u l c h 6" P l a n t i n g S o i l Spa c i n g o n c e n t e r Va r i e s see p l a n t l i s t Gr o u n d c o v e r s Bla c k r u b b e r h o s e t o pro t e c t t r u n k f r o m w i r e s (3) G u y w i r e s ( 1 2 0 ° a p a r t ) of # 1 2 g a l v . w i r e d o u b l e d , tw i s t t o t i g h t e n . L e n g t h s o f rub b e r h o s e t o c o v e r w i r e at c r o t c h o v e r f i r s t s t u r d y bra n c h PTP w o o d s t a k e s u i t a b l e size & l e n g t h t o h o l d g u y s , driv e f l u s h w / f i n i s h g r a d e (24 " x 2 " x 4 " m i n . s t a k e s i z e ) Pla n t i n g S o i l 4" h i g h s a u c e r 3" m u l c h Cha r t r e u s e s u r v e y fla g g i n g t a p e 2"x2 " x 8 ' P T P s t a k e 5' c l e a r t r u n k u n l e s s oth e r w i s e n o t e d 6" m i n . 6" m i n . Tre e s NO T E : S t a k e a l l t r e e s u p t o 2 ' c a l . @ 2 p e r t r e e . G u y a l l t r e e s lar g e r t h a n 2 ' c a l . Pul l b u r l a p f r o m t o p o f r o o t b a l l . R e m o v e a l l n o n - b i o d e g a r d e a b l e m a t e r i a l s suc h a s w i r e , t w i n e , e t c . o n r o o t b a l l C l e a r T r u n k DB H AN Y T R E E S O R S H R U B S P L A C E D W I T H I N W A T E R , S E W E R OR D R A I N A G E E A S E M E N T S S H A L L C O N F O R M T O T H E CIT Y O F D E L R A Y B E A C H S T A N D A R D D E T A I L S L . D . 1 . 1 & L.D . 1 . 2 R E Q U I R E M E N T S . Planning, Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: CORNELL MUSEUM - OLD SCHOOL SQUARE Project Location: 51 N. Swinton Avenue Request: Certificate of Appropriateness Board: Historic Preservation Board Meeting Date: May 3, 2017 Board Action: Approved Certificate of Appropriateness, on a 6 to 1 vote (Harden dissenting). Project Description: The subject property consists of Old School Square Parcel 1, and is located within the OSSHAD (Old School Square Historic Arts District) zoning district. The property, which consists of the Cornell Museum Building, the Crest Theatre, and the Old School Gymnasium, is listed on the National Register of Historic Places. In 1990, the City approved site plans to provide for the adaptive reuse and renovation of the property. Since that time additional improvements and additions to the site have been completed including: construction of the amphitheater, concession/restroom building and breezeway on the west side of the property (connecting the Crest Theatre to the Cornell Museum). Other improvements, primarily relating to maintenance, have been completed in the last several years which include like-kind repairs, window replacement, painting of buildings and roof replacement of the Cornell Museum. The current request is to replace two sets of doors on the north and south sides of the Cornell Museum. Each entrance will be replaced with white, aluminum double glass doors with Ogee trim. A narrow glass divider will match the doors, but be inoperable. It is noted that the existing doors are not original to the building, but rather were installed in 1989 when the building was converted from a school to a museum. Originally, the building featured an open air corridor/breezeway where the two sets of doors currently exist. Addition of the doors was necessary in order to enclose the building. As the subject property is listed on the National Register of Historic Places, the State of Florida’s Division of Historical Resources was consulted regarding the subject alterations. This correspondence noted that the proposed doors “will have no adverse effect on the historic character of the buildings.” Staff supported the Certificate of Appropriateness. Board Comments: The Board comments were supportive, it is noted that several board members expressed that wood or wood clad doors would be more appropriate for the structure rather than aluminum doors; however, this was not added as a condition of approval. 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. C M IT RE GE Ow Ag Lo Pro Cu Ad Ex Us Wa Se ITY OF EETING D TEM: ECOMME ENERAL wner:……… gent:………… cation:……… operty Size: urrent Zoning djacent Zonin xisting Future se Designatio ater Service ewer Service HIST F DELRA DATE: ENDATIO DATA: ………….. …………… …………... ………….. g:………... ng:………. North: South: East: West: e Land on:….. :………… e:………… ORIC AY BEA May 3, 201 51 N. Swin Appropriate N: Approve Appropr architect City of Delr Gino De Sa 51 N. Swin 3.67 Acres OSSHAD - Historic Art OSSHAD OSSHAD OSSHAD CBD (Cent OSR (Open OSSHAD CF – Comm On site On site PRES ACH 7 nton Avenue eness, (2017 e the Certifica iateness for tural elevatio ray Beach antis – desig ton Avenue - (Old Schoo ts District) tral Business n Space & R munity Facili SERVA e, Old Scho 7-108) for ar ate of on changes gnel, LLC ol Square s District) Recreation) ities ATION ool Square rchitectural e N BOA STA Historic Art elevation ch ARD AFF REP s District-Ce anges. PORT ertificate of ITEM BEFORE THE BOARD The item before the Board is consideration of Certificate of Appropriateness (COA) 2017-108 for door replacement to property located at 51 North Swinton Avenue, Cornell Museum at Old School Square, Old School Square Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND/PROJECT DESCRIPTION The subject property consists of Old School Square Parcel 1, and is located within the OSSHAD (Old School Square Historic Arts District) zoning district. The property, which consists of the Cornell Museum Building, the Crest Theatre, and the Old School Gymnasium, is listed on the National Register of Historic Places. In 1990, the City approved site plans to provide for the adaptive reuse and renovation of the property. Since that time additional improvements and additions to the site have been completed including: construction of the amphitheater, concession/restroom building and breezeway on the west side of the property (connecting the Crest Theatre to the Cornell Museum). Other improvements, primarily relating to maintenance, have been completed in the last several years which include like-kind repairs, window replacement, painting of buildings and roof replacement of the Cornell Museum. The current proposal is to replace two sets of doors on the north and south sides of the Cornell Museum. Each entrance will be replaced with white, aluminum double glass doors with Ogee trim. A narrow glass divider will match the doors, but be inoperable. It is noted that the existing doors are not original to the building, but rather were installed in 1989 when the building was converted from a school to a museum. Originally, the building featured an open air corridor/breezeway where the two sets of doors currently exist. Addition of the doors were necessary in order to enclose the building. As the subject property is listed on the National Register of Historic Places, the State of Florida’s Division of Historical Resources was consulted regarding the subject alterations. This correspondence, which is attached, notes that the proposed windows “will have no adverse effect on the historic character of the buildings.” The subject COA request is now before the 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. LDR Section 4.5.1(E)(4), and (E)(8)(g) “Development Standards” provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. 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 existing structure, and its remaining original form, has been considered with respect to the proposed addition and site improvements, which are noted to have been sensitively designed. Cornell Museum at Old School Square: COA 2017-108 HPB Meeting of May 3, 2017 Page 2 of 3 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. Standard 5 Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. Standard 6 Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. Standard 9 New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. The proposal meets the intent of the Standards noted above. The proposed doors are compliant with the above noted Standards. First, even though the new doors will be made of aluminum, they will not alter the historic character of the property. The installation of a new material is supportable in that the doors will be impact resistant removing the need for hurricane protection which would likely alter the historic character. The new doors will provide for protection of the interior space which is important given the museum use of the building. Further, the new larger entrance doors will provide for a degree of transparency that will be more inviting to the public while also ensuring the requirements of the Life Safety code are being met as the doors will be equipped with new required “Panic Hardware.” Therefore, positive findings can be made with respect to LDR Section 4.5.1(E)(4). 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. Visual compatibility shall be determined in terms of the following criteria as applicable to the subject application: Cornell Museum at Old School Square: COA 2017-108 HPB Meeting of May 3, 2017 Page 3 of 3 (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. While doors were not original to the building, the proportion of the door openings is visually compatible with the prevailing architectural styles of similar buildings within the district. Based upon the above, positive findings can be made with respect to LDR Section 4.5.1(E)(8)(c). (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. While the most appropriate door material to be used on the subject buildings is wood, it is acceptable to use aluminum as impact resistant wood doors are not available. It is also important to note that the existing/proposed doors are set beyond the existing porch arches and therefore, have a less prominent relationship to the façade of the building. Based upon the above, positive findings can be made with respect to LDR Section 4.5.1(E)(8)(g). Based on the above, positive findings can be made with respect to compliance with the Standards. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2017-108) for Architectural Elevation Changes to the property located at 51 North Swinton Avenue, Cornell Museum at Old School Square, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations Section 2.4.6(H)(5). C. Deny the Certificate of Appropriateness (2017-108) for Architectural Elevation Changes to the property located at 51 North Swinton Avenue, Cornell Museum at Old School Square, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof does not meet the criteria set forth in the Land Development Regulations Section 2.4.6(H)(5). RECOMMENDATION Approve the Certificate of Appropriateness (2017-108) for Architectural Elevation Changes to the property located at 51 North Swinton Avenue, Cornell Museum at Old School Square, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations Section 2.4.6(H)(5). Report Prepared By: Michelle Hoyland, Historic Preservation Planner RICK SCOTT Governor KEN DETZNER Secretary of State Division of Historical Resources R.A. Gray Building • 500 South Bronough Street• Tallahassee, Florida 32399 850.245.6300 • 850.245.6436 (Fax) FLHeritage.com Michelle Hoyland April 4, 2017 Historic Preservation Planner City of Delray Beach 100 NW 1st Ave Delray Beach, FL 33444 RE: DHR Project File No.: 2017-1086, Received by DHR: March 1, 2017. Project: 51 N Swinton Ave Door Change. County: Palm Beach Ms. Hoyland: The Florida State Historic Preservation Officer reviewed the referenced project for possible effects on historic properties listed, or eligible for listing, on the National Register of Historic Places. The review was conducted in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended, and its implementing regulations in 36 CFR Part 800: Protection of Historic Properties. The proposed project is to replace the existing doors on the north and south elevations of the Cornell Museum (PB00238) at 51 N Swinton Avenue. Each entrance will be replaced with white, aluminum, double glass doors with Ogee trim. A narrow glass divider will match the doors, but be inoperable. Because the doors being replaced are not original to the building, but rather installed in 1989, it is the opinion of this office that the proposed project will have no adverse effect on historic properties. We do request images be submitted once the doors are installed. If you have any questions, please contact Alyssa Costas, Historic Sites Specialist, by email at Alyssa.Costas@dos.myflorida.com, or by telephone at 850.245.6333 or 800.847.7278. Sincerely, Timothy A. Parsons, Ph.D., RPA Director, Division of Historical Resources and State Historic Preservation Officer Planning, Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: 127 SE 7th AVENUE Project Location: 127 SE 7th AVENUE Request: Certificate of Appropriateness Board: Historic Preservation Board Meeting Date: May 3, 2017 Board Action: Approved Certificate of Appropriateness, on a 7 to 0 vote, subject to conditions. Project Description: The subject property consists of Lot 22 and the South 22 feet of lot 23, Block 126, Town of Delray, and is located within the Marina Historic District and the Multiple Family Residential (RM) zoning district. The property contains a four unit multiple-family apartment building constructed in 1951. The Masonry Vernacular style building is a contributing structure to the nationally designated Marina Historic District and was originally designed by well-known Palm Beach architect Bedford Shoumate. It is noted that one of first buildings designed by Mr. Shoumate was an art deco/art modern residence situated in Palm Beach known as “The House of the Future” for which he won first prize in architecture at the 1939 World’s Fair. Mr. Shoumate had a love of ships and incorporated nautical elements into the design of the “House of the Future” such as porthole windows, swinging porthole doors, cabinetry fitted with ship’s hardware, pipe railings, and a looming curved deck that makes the most of its views. Interestingly, the design of the subject apartment building at 127 SE 7th Avenue included nautical inspired elements such as a pole and rope detail around the edge of the roof along with copper and cypress wood details. The request includes:  Replacement of 24 existing aluminum windows with vinyl clad, impact-rated single hung and horizontal slider windows;  Replacement of 8 existing doors with vinyl clad, impact-rated single pane glass doors; and,  Repaint the building with the same yellow and white color scheme as currently exists. Twenty-four 2/2 single hung aluminum windows of varying sizes exist and 4 of the larger windows on the west elevation have green Bahama shutters which are to remain (the shutters were not original to the building). There are 8 exterior doors, 4 divided French doors on the east elevation (rear) and 4 paneled colonial style doors on the west elevation (front). The 2 second floor units are accessed by individual exterior entry balconies with decorative brick guard rails that are served by a central staircase. Board Comments: The Board expressed concern of the use of vinyl windows and doors as such was not original to the contributing structure. The Board was supportive of staff’s recommendation for use of aluminum windows and doors. Appealable Item Report 127 SE 7th Avenue - COA 2 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: May 3, 2017 ITEM: 127 SE 7th Avenue, Marina Historic District-Certificate of Appropriateness, (2017-126) for architectural elevation changes. Recommendation: Approval with conditions GENERAL DATA: Owner:………………….. 127 SE 7th Avenue, LLC Agent:…………………… Wendy Griffin Location:………………... 127 SE 7th Avenue Property Size:………….. .24 Acres Current Zoning:………... RM - (Multiple Family Residential Medium Density) Adjacent Zoning:………. North: RM South: RM East: RM West: RM Existing Future Land Use Designation:….. Medium Density Residential – 5-12 Units per Acre Water Service:………… On site Sewer Service:………… On site ITEM BEFORE THE BOARD The action before the Board is consideration of Certificate of Appropriateness (COA) 2017-126 for the replacement of windows and doors on a contributing property located at 127 SE 7th Avenue, Marina Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND/PROJECT DESCRIPTION The subject property consists of Lot 22 and the South 22 feet of lot 23, Block 126, Town of Delray, and is located within the Marina Historic District and the Multiple Family Residential (RM) zoning district. The property contains a four unit multiple-family apartment building constructed in 1951. The Masonry Vernacular style building is a contributing structure to the nationally designated Marina Historic District and was originally designed by well-known Palm Beach architect Bedford Shoumate. It is noted that one of first buildings designed by Mr. Shoumate was an art deco/art modern residence situated in Palm Beach known as “The House of the Future” for which he won first prize in architecture at the 1939 World’s Fair. Mr. Shoumate had a love of ships and incorporated nautical elements into the design of the “House of the Future” such as porthole windows, swinging porthole doors, cabinetry fitted with ship’s hardware, pipe railings, and a looming curved deck that makes the most of its views. Interestingly, the design of the subject apartment building at 127 SE 7th Avenue included nautical inspired elements such as a pole and rope detail around the edge of the roof along with copper and cypress wood details. The current proposal includes:  Replacement of 24 existing aluminum windows with vinyl clad, impact-rated single hung and horizontal slider windows;  Replacement of 8 existing doors with vinyl clad, impact-rated single pane glass doors; and,  Repaint the building with the same yellow and white color scheme as currently exists. Twenty-four 2/2 single hung aluminum windows of varying sizes exist and 4 of the larger windows on the west elevation have green Bahama shutters which are to remain (the shutters were not original to the building). There are 8 exterior doors, 4 divided French doors on the east elevation (rear) and 4 paneled colonial style doors on the west elevation (front). The 2 second floor units are accessed by individual exterior entry balconies with decorative brick guard rails that are served by a central staircase. The COA for window & door replacement and painting is now before the Board for consideration. 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. 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. Building permit records indicate that the building was originally designed and constructed with all 8 entrance doors having jalousie window openings. The original windows were a combination of jalousie 127 SE 7th Avenue: COA 2017-126 HPB Meeting of May 3, 2017 Page 2 of 4 style windows and fixed windows. Building permit records do not indicate the material of the window frames, however vinyl-clad framed windows were not introduced until the mid 1960’s. There have been several alterations to the original structure over the years, removing original architectural elements and detailing from the exterior of the building. For example, all windows were originally designed with cypress wood shutters; the east elevation featured a concrete cantilevered canopy over the 2nd floor entrances; there were copper weather proof vents on the east and west elevation and copper down spouts on the north and south elevations. None of these design elements exist today and it is unclear as to when they were removed. Further, the large roof overhang that exists today was not original to the design of the structure; rather, the roof featured a concrete cap with a pole and rope detail around the edge of the roof. Based upon the above, further modification of original detailing to the building cannot be supported. It is noted, that the proposed single panel window style doors is similar in style to the original doors; however, proposed doors should be aluminum or wood as such material would have been original to the structure. It is further recommended that the current request be modified to include 2/2 aluminum framed windows on the north, south and east elevations, this would involve adding dimensional muntins on each of the proposed windows. The proposed horizontal slider windows on the east side (rear) of the building could also be designed to replicate the style of the original window configuration with a single paned window flanked by 2/2 windows. This could be achieved by adding dimensional muntins to the windows. Such changes would restore some of the original architectural authenticity to the structure. 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. Standard 5 Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. Standard 6 Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. Standards 2, 5 and 6 have not been met and as previously noted, there have been several alterations to the original structure over the years, removing important original architectural elements and detailing from the exterior of the building. Further modification of original details that characterize the contributing structure cannot be supported. Changes that can be supported in addition to utilizing aluminum or wood framed windows and doors include: modifying the request to include a 2/2 style window on the side and rear elevations, this would involve adding dimensional muntins on each of the proposed windows. The proposed horizontal slider 127 SE 7th Avenue: COA 2017-126 HPB Meeting of May 3, 2017 Page 3 of 4 windows on the rear of the property could also be designed to replicate the style of the original window configuration with a single paned window flanked by 2/2 windows (this could be achieved by adding dimensional muntins to said windows). Such changes would restore some of the original architectural authenticity to the structure. The proposed window and door specifications are attached in addition to original building permit records and photos of the existing structure. Any changes that are permitted should clearly meet the intent of the regulations so as to not negatively impact the historic integrity. 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. Visual compatibility shall be determined in terms of the following criteria as applicable to the subject application: (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 subject request as it does not comply with the intent of the applicable Standards, Guidelines, or Visual Compatibility Standards, as the historic character will be altered. Primarily, the proposal includes the use of vinyl, which is a material unable to replicate those character defining details found in historic wood windows and doors as well as associated frames. It is noted that the use of vinyl products may be a more economical solution for a homeowner; however, these products should generally be discouraged due to the negative impact on the environment. Vinyl windows are affected by the heat as they expand and contract with temperature changes. This effect, particularly in South Florida, can cause the seal to fail, requiring a new window at a more frequent rate than if aluminum windows were used. This problem will become cyclical as the failed windows end up in a landfill, and new ones are produced. Given the concerns noted above, positive findings with the LDRs cannot be made with respect to the subject request. Therefore, Staff recommends that the Board require revisions to the window and door material. It should be noted that the use of impact-rated windows is appreciated and beneficial in that the exterior will be less affected where permanent hurricane protection will not be necessary. 127 SE 7th Avenue: COA 2017-126 HPB Meeting of May 3, 2017 Page 4 of 4 ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2017-126) for 127 SE 7th Avenue, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations Section 2.4.6(H)(5). C. Deny the Certificate of Appropriateness (2017-126) for 127 SE 7th Avenue, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof does not meet the criteria set forth in the Land Development Regulations Section 2.4.6(H)(5). RECOMMENDATION Approve Certificate of Appropriateness 2017-126 for 127 SE 7th Avenue, Marina Historic District, with the following conditions: 1. That the applicant/owner submit window and door specifications and details for a non-vinyl window product; 2. That a 2/2 style windows be proposed on the north, south and east elevations; 3. That dimensional muntins be utilized to achieve the 2/2 style windows; and, 4. That the proposed horizontal slider windows on the rear of the property be designed to replicate the style of the original window configuration with a single paned window flanked by 2/2 windows. Report Prepared By: Michelle Hoyland, Historic Preservation Planner                                                                                                               Planning, Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: 799 NE 2nd Avenue Project Location: 799 NE 2nd Avenue Request: Certificate of Appropriateness Board: Historic Preservation Board Meeting Date: May 3, 2017 Board Action: Approved Certificate of Appropriateness, on a 7 to 0 vote. Project Description: The property consists of Lots 1 & 2, Block 12, Del-Ida Park and is situated at the southeast corner of NE 2nd Avenue and George Bush Boulevard. The structure is a 2,000 square foot (single story) masonry vernacular style structure completed in September 1950 according to the City building records. It is considered a non-contributing dwelling within the Del-Ida Park Historic District. The property is zoned RO (Residential Office) and is currently in use as an office. In June of 2015, the property was purchased and the new owner began renovations and updates to the structure which included new windows that were administratively approved via a building permit. In 2016, COA 2016-075 was approved by the HPB for the installation of horizontal Hardie Board plank siding to the exterior of the structure. Then in March of 2017 a new sign face was administratively approved via a building permit. Finally, in March of 2017 COA-116 was administratively approved for the installation of new black, aluminum, louvered shutters. The current request involved approval of a new landscape and hardscape plan and will be the final phase of improvements involved with the conversion of the subject property from the former Dr. Domeyer’s dentist’s office to a general office for I.V. Access. 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. C M IT RE GE Ow Ag Lo Pro Cu Ad Ex Us Wa Se ITY OF EETING D TEM: ECOMME ENERAL wner:……… gent:………… cation:……… operty Size: urrent Zoning djacent Zonin xisting Future se Designatio ater Service ewer Service HIST F DELRA DATE: ENDATIO DATA: ………….. …………… …………... ………….. g:………... ng:………. North: South: East: West: e Land on:….. :………… e:………… ORIC AY BEA May 3, 201 799 NE 2nd (2017-131) N: Approv Approp Peggy Gott Peggy Gott 799 NE 2nd .42 Acres RO (Reside R-1-A (Sing RL (Res RO R-1-AA LD – Low D 0-5 DU/Acr On site On site PRES ACH 7 d Avenue, De ) for landsca ve the Certific priateness te te d Avenue ential Office gle Family R sidential Low Density Resi re SERVA el-Ida Park H ape and hard cate of ) Res) w Density) idential – ATION Historic Dist dscape altera N BOA STA rict-Certifica ations. ARD AFF REP ate of Approp PORT priateness, ITEM BEFORE THE BOARD The item before the Board is the consideration of Certificate of Appropriateness (COA) 2017-131 associated with landscaping and hardscaping alterations to the property located at 799 NE 2nd Avenue, Del-Ida Park Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND/PROJECT DESCRIPTION The property consists of Lots 1 & 2, Block 12, Del-Ida Park and is situated at the southeast corner of NE 2nd Avenue and George Bush Boulevard. The structure is a 2,000 square foot (single story) masonry vernacular style structure completed in September 1950 according to the City building records. It is considered a non-contributing dwelling within the Del-Ida Park Historic District. The property is zoned RO (Residential Office) and is currently in use as an office.   Past history of Property (permits and COA’s) In June 1985 the structure was remodeled, the improvements included a new cedar shake roof and vertical rough-cut cedar siding to the fascia, overhangs and walls. This request was prior to the formation of the Del-Ida Park Historic District in March 1988. In January 2005, COA-044 was approved by the Historic Preservation Board (HPB) for the replacement of the wood shake roof with metal roofing, subject to the condition that the metal be a chromatic color within a recommended palette. In June of 2015, the property was purchased and the new owner began renovations and updates to the structure which included new windows that were administratively approved via a building permit. In 2016, COA 2016-075 was approved by the HPB for the installation of horizontal Hardie Board plank siding to the exterior of the structure. Then in March of 2017 a new sign face was administratively approved via a building permit. Finally, in March of 2017 COA-116 was administratively approved for the installation of new black, aluminum, louvered shutters. The current request is for approval of a new landscape and hardscape plan and will be the final phase of improvements involved with the conversion of the subject property from the former Dr. Domeyer’s dentist’s office to a general office for I.V. Access. ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, and the Secretary of the Interior’s Standards for Rehabilitation. A review of the applicable code sections has been completed and the proposal can be found to be compliant with the purposes of Objective A-4 of the Land Use Element of the Comprehensive Plan and with the provisions of Land Development Regulation Section 4.5.1 as well as the Secretary of the Interior’s Standards for Rehabilitation. Additionally, the landscape plan has been reviewed for compliance with LDR Sections 4.6.14 (Site Visibility), 4.6.16 (Landscape Regulations) and has been noted to be compliant. 799 NE 2nd Avenue; COA 2017-131 HPB Meeting May 3, 2017 Page 2 of 2 ALTERNATIVE ACTIONS A. Continue with direction B. Move approval of Certificate of Appropriateness (2017-131) for landscaping and hardscaping changes to the property located at 799 NE 2nd Avenue, Del Ida Park Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations Section 2.4.6(H)(5). C. Move denial of the Certificate of Appropriateness (2017-131) for landscaping and hardscaping changes to the property located at 799 NE 2nd Avenue, Del Ida Park Historic District, based upon a failure to make positive findings with respect to Land Development Regulations Section 2.4.6(H)(5). RECOMMENDATION Approve the Certificate of Appropriateness (2017-131) for landscaping and hardscaping changes to the property located at 799 NE 2nd Avenue, Del Ida Park Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations Section 2.4.6(H)(5). Attachments; Landscape Plan Survey Prepared by Michelle Hoyland, Historic Preservation Planner LEGEND CONC. • CONCRE1l: Î • ŒNTER Uf£ (C) • CAI.CU.ATEO A• DEI.TA O.E. • 0RAJ!jAGE EASEMENT F.I.P. • FOUNO IRal PIPE F.LR. • FOUND IRal ROO F.N.!dl • FOUND NAR. !< DISC F.N. • FOUND NAR. F.O.H. • FOUND ORJU. HOLE LB. • UCO& BUSINESS L• ARC DISTANCE ND I.O. • NO IIJENTlflCA TION N/A • NCT APl'UCABl£ N.G.V.O. • NATIONAL GEODEllC 1,{RTICAL DATUM N.A. V.O. • NORTH AMERICAH ;{RTICAL DA TUM Oft. • ON li£ O.R.B. • OfflCIAL RECORD BOOK P.B.C. • PALM BEACH COUNTY P.B. • Pt.AT BOOK PG. • PAGE (P) • Pt.AT P.C. • PONT OF ClJRVATURE P.C.P. • PERMANENT CONlROI.. PONT U.E. • UllJTY EASEMENT V.G. • VAUD' GUTTER P.S.M. • PROFESSIONAL SURVEYOR AHO MAPPER R/W • RIGHT OF WAY R • R.\OIUS ISAOA • ITS SIJCCEssœs AHO/OR ASSIGNS ATIMA • ~ THER INTEREST UAY APPEAR ( Dl l'IIT) l moll.• 20 t\. /_¥{: ¿//~~{'~i' GRAPHIC SCALE • l;;;l' • ~~ -- j OBY (_ MAR 3 1 ~017 -~ '" '"- " ---------~ \PA£M:_:J'JQl::Jf:\J\/:/ l CERTIFIED TO: 1. ACŒ5S' 0£l£1.0PIIENT PROP£RTIES, ua A R.ORIOA LJl,l/7£1) UAßLJTY COMPANY 2. (X.J) R£P(.J8LJC NA Tlt:NiAL nns /NSIJRMIŒ COMPANY J. JHOEP£NOCNŒ ntu: INSURANŒ A(1£NCY, INC. 4-. flRST C1"ZCNS 8AN1< .t TRUST SYMBOLS .... _ é "'""""' ® lM'Dll:lUt t)<l comta. VM..'E (l wrr Pa£ ... wooo PW: -·--lK(a<) --U-- """"SOI ---~ AHDa LEGAL DESCRIPTION: LOTS 1 ANO 2, BLOCK 12. OF '"OEZ.-IOA PARX: ACCOROJNC 'TO THE PLAT THEREOF, AS R€COROED IN Pt.AT 800K .9, PAGE 56, OF THE PU8LJC ~CORDS OF PALM BEACH COUNTY. FLORJIJA. Ol/05/1989 I (ANCUS N£A.SUli'fl)I PROPERTY AIJOR£SS 799 N.£. 2nd A~ 0£1.RA Y BEAŒ, Fl.ORJDA »#-4 THIS SVRl.£Y /i/££,S MINIJIUM TEQiNJCAI. STMDARDS AS SET F'ORTH l""'A""' 8" ELF. I ~«O/~-~~ ~z°"'. ~ BOARO or PROFESS/Qt/AJ. SURI/E'YORS AND CH£0<£D Sn £W.a. 'SJJ,l"CHAPTER 5.J-17. R.GWmA ADMINISTRAT1l£ CtXlf: , --=< /191! '.5- / '2.-(:) ERNE'ST W. DUNCAN. PSlt/.,STATé or Fl.OR/DA SHEET 1 OF 1 PROFESSIONAL srm~ AHO ltlAPP£R LS .51IJ2 PARTY QfJFF.· --~]NOT VAUD WTHOUT TH£ S1CNA1Ull£ AND THC ORIGINAL RAISED ~M.§... .2"AL or A R.mJOA UŒNSED SU'i'l,,f"}tW AND IIAPPOt. rotlNDEf' fd IN I!»., BASE1.JN£ A/Hj ENGINEERING LAND SI.JRV!YINC. INC. 14()() N.W. l!tt CDI.JRT BOCA RA n:w, fl.O'i70A .J.Ul2 '$41) 4-,7-0700 SUIMY NOTES: LŒADIS NII. lM1l) TO 1ßl£ IFRO\OIMlS CM.Y /IS Hflll iEmL UM)S !H'.>IN !mot llœ M>T A85TRACttD SY BA.mN: OfAIIRltC: ,t I.Ml) 9.N'dNt IC. ftJt £A!DDTS. RDfT-<f--lMYS CE IEXl!D, OHR RESllEl1ClfS IR 11:SERVA TICHS. œ:soPllllCS PROWID BY Ql}ff. Cit MR AEPReaß'AK All llOO..lllffl N£. l!£alŒD IN SAME aunY AS PUERTY 1.ŒAD tllE.$ OltOU IIJ1[D. IŒ.f' IYIOltWtGS NOT LOCATED. 9IMY llr1S 11:r:DJC't STNCWI> F'œ ..,_......,.(1FOOT01'1JD~ TITI.£: MAP OF BOUNOARY SIJRVFY COMJ,IUNITY PANEV R.000 ZON£ SASE Fl.ODD EL: ,25t02-D002-D X N/A DAT£ OF F1RU: BASTS 8£ARINC.: JOBNO.; 1~018 Planning, Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: 219 SE 7th AVENUE Project Location: 219 SE 7th AVENUE Request: Waiver, Certificate of Appropriateness & Site Plan and Landscape Plan Board: Historic Preservation Board Meeting Date: May 3, 2017 Board Action: Approved the Waiver, Certificate of Appropriateness & Site Plan and Landscape Plan, on a 7 to 0 vote, subject to conditions. Project Description: The subject property is located on the east side of SE 7th Avenue between SE 2nd Street and SE 3rd Street, adjacent to the Intracoastal Waterway. The property is classified as contributing to the Marina Historic District, both on the Local and National Register of Historic Places. The Florida Master Site File form explains that “this residence represents the architecture of the 1930s and illustrates the development history of the area.” It is believed that Samuel Ogren, Sr.; the Father of Delray Beach architecture, designed the original structures for Mr. and Mrs. Louis Voorheis who constructed the home in 1935. A previous property owner was Mr. Rod Laver, an accomplished local tennis player who founded Laver’s International Tennis Resort in Delray Beach. At its meeting of April 1, 2015, the Board approved a COA request for the on-site relocation of the existing one and two-story, Monterey style home. The relocation reoriented the structure from its centrally located position within the lot and facing north, to the front of the property and facing west, adjacent to SE 7th Avenue. A non-contributing guest cottage was also approved for relocation from the rear to the center of the property. The COA included one and two-story additions to the rear of the historic structure consisting of approximately 5,140 square feet under air plus covered porches, a 3-car garage addition, a new swimming pool and cabana bath and associated site improvements with the overall redevelopment of the property. The subject requests involve the following proposed improvements on the west side of the property adjacent to SE 7th Avenue:  14 six-foot high brick columns with stucco bases and concrete tops;  Four decorative light fixtures on the face of four columns flanking the pedestrian & vehicular entrances;  Approximately 80 feet of 5’2” high, black aluminum rail and lattice style fence;  A 3’7” wide by 5’2” tall pedestrian gate; and,  An 18’ wide by 7’4” tall double vehicular gate. Staff supported the Waiver, Certificate of Appropriateness & Site Plan and Landscape Plan, subject to four (4) conditions of approval. Board Comments: The Board was supportive of staff’s recommendation to allow a 4’ fence height and felt that it is appropriate for the historic structure and meets the intent of the LDRs. At the meeting the applicant Appealable Item Report 219 SE 7th Avenue - COA 2 requested the pedestrian gate to be 5’2” high for security purposes. The Board agreed and included this in the conditions of approval. 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. C M IT RE GE Ow Ag Lo Pro Cu Ad Ex Us Wa Se ITY OF EETING D TEM: ECOMME ENERAL wner:……… gent:………… cation:……… operty Size: urrent Zoning djacent Zonin xisting Future se Designatio ater Service ewer Service HIST F DELRA DATE: ENDATIO DATA: ………….. …………… …………... ………….. g:………... ng:………. North: South: East: West: e Land on:….. :………… e:………… ORIC AY BEA May 3, 201 219 SE 7 (2017-125) column sys N: Approv Site Pla Conditi Jim and Lis Dave Bodk 219 SE 7th .74 Acres R-1-AA (Si R-1-AA R-1-AA R-1-AA R-1-AA LD – Low D 0-5 DU/Acr On site On site PRES ACH 7 7th Avenue, ) Class II S stem. ve the COA a an Modificat ons sa Hellmuth ker Avenue ngle Family Density Resi re SERVA Marina His Site Plan Mo and Class II ion with Residential idential – ATION storic Distri odification a ) N BOA STA ct-Certificate and Waivers ARD AFF REP e of Appro s for a new PORT opriateness, fence and BEFORE THE BOARD The item before the Board is the consideration of Certificate of Appropriateness (COA) 2017-125 associated with a Class II Site Plan Modification and Waiver requests for a new fence, gates and columns for property located at 219 SE 7th Avenue, Marina Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H) and 2.4.7(B). BACKGROUND/PROJECT DESCRIPTION The subject property is located on the east side of SE 7th Avenue between SE 2nd Street and SE 3rd Street, adjacent to the Intracoastal Waterway. The property is classified as contributing to the Marina Historic District, both on the Local and National Register of Historic Places. The Florida Master Site File form explains that “this residence represents the architecture of the 1930s and illustrates the development history of the area.” A previous property owner was Mr. Rod Laver, a local tennis player who founded Laver’s International Tennis Resort in Delray Beach. It is believed that Samuel Ogren, Sr.; the Father of Delray Beach architecture, designed the original structures for Mr. and Mrs. Louis Voorheis in 1935. Research of the City files indicates that the original two-story structure was completed in 1935, and remodeled in 1944; additions were constructed in 1949, 1951, 1953, and 1967. A swimming pool was installed in 1981, and a utility building was built in 1984. The Sanborn Insurance Maps, which help to provide insight into the developmental evolution of a property, do include this property. At its meeting of April 1, 2015, the Board approved a COA request for the on-site relocation of the circa 1935 two-story, Monterey style building, including the one-story 1936 addition, and one-story 1949 addition. The relocation reoriented the structure from its centrally located position within the lot and facing north, to the front of the property and facing west, adjacent to SE 7th Avenue. The guest cottage (non-contributing) was also approved for relocation from the rear to the center of the property. The COA included one and two-story additions to the rear of the historic structure consisting of approximately 5,140 square feet under air plus covered porches, a 3-car garage addition, a new swimming pool and cabana bath and associated site improvements with the overall redevelopment of the property. The applicant is proposing the following improvements on the west side of the property adjacent to SE 7th Avenue:  14 six-foot high brick columns with stucco bases and concrete tops;  Decorative light fixtures on the face of four columns which flank the pedestrian and vehicular entrances;  Approximately 80 feet of 5’2” high, black aluminum rail and lattice style fence;  A 3’7” wide by 5’2” tall pedestrian gate; and,  An 18’ wide by 7’4” tall double vehicular gate. ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, and the Secretary of the Interior’s Standards for Rehabilitation. The subject request has been reviewed accordingly. 219 SE 7th Avenue; COA 2017-125 HPB Meeting May 3, 2017 Page 2 of 5 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 change to the fence and column structures, 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 owner of the property preserved four pallets of the original brick from the historic house and two gateposts prior to start of the recent construction with the intent to utilize the bricks in the reconstruction of new gateposts/columns. This is exactly the type of reconstruction the historic district needs to maintain its integrity. Additionally, the owner proposes to construct additional columns (14 in total) as well as a 5’ 2” high aluminum picket fence. The original fence was approved in 2005 as a 4’ high, black aluminum rail fence. Per LDR Section 4.5.1(E)(3), the maximum height of a fence in the front setback is 4 feet. Construction of a new fence that doesn’t meet the requirements of the code does not preserve the historic character of the property; therefore, it is recommended that the aluminum fence be no taller than 4’. A review of the applicable code sections has been completed and the proposal can be found to be compliant with the purposes of Objective A-4 of the Land Use Element of the Comprehensive Plan and with the provisions of Land Development Regulation Section 2.4.6(H)(5), 4.5.1 as well as the Secretary of the Interior’s Standards for Rehabilitation. WAIVER REVIEW AND ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), Procedures for Obtaining Relief From Compliance With Portions of the Land Development Regulations, Waivers, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, 219 SE 7th Avenue; COA 2017-125 HPB Meeting May 3, 2017 Page 3 of 5 (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LDR Section 4.5.1 (E)(3)(a)(1), Fences and Walls, Fences and walls over four feet (4’) shall not be allowed in front or side street setbacks. In consideration of the criteria, the provision of a new fence, vehicular gate and columns greater than four feet in height within the front yard setback is not permitted within the subject historic district. The applicant is proposing the following on the west side of the property adjacent to SE 7th Avenue:  Fourteen six-foot high brick columns with stucco bases and concrete tops;  Decorative light fixtures on the face of four columns which flank the pedestrian and vehicular entrances;  Approximately 80 feet of 5’2” high, black aluminum rail and lattice style fence;  A 3’7” wide by 5’2” tall pedestrian gate; and,  An 18’ wide by 7’4” tall double vehicular gate. Previously a 4’ high, black aluminum rail fence, two existing 6’ high brick gateposts and 6’ high drive gate existed along the west side of the subject property. The 2 brick gateposts that originally flanked the driveway had decorative light fixtures on top and a hedge was planted on the interior side of the 4’ tall aluminum rail fence. The 4’ aluminum rail fence was installed in 2005 and the gateposts appear to have been constructed at the time the house was constructed in 1935. The applicant has noted that “Prior to the start of construction, the owner preserved four pallets of the original brick from the historic house and gateposts that were located on site to be used in the construction of the new columns”. The applicant has stated that the taller fence and column system would be more appropriate to the site given the increased 9.0’ finished floor elevation of the relocated residence. Historically, the original gateposts and vehicular gate exceeded the maximum 4’ height limitation although the fence did not as it was later installed in 2005. It is staff’s recommendation that in order to not adversely affect the neighboring area and to maintain the integrity of the historic district, the additional twelve 6’ tall columns and vehicular gate be permitted to exceed the maximum height limitation while the proposed 5’2” high aluminum rail and lattice fence be reduced to 4’ in height. It is noted that the request does not diminish the provision of public facilities nor does it create an unsafe situation. However, approval of the increased fence height would result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. It is noted that the applicant has provided documentation of other properties within the Marina Historic District which have fences or walls taller than the 4’ maximum limitation; however, such improvements cannot be substantiated nor documented that they were approved under the existence of the current Land Development Regulation requirements. LANDSCAPE ANALYSIS Pursuant to LDR Section 2.4.5(H)(5), at the time of action on a landscape plan, the approving body shall make finding with respect to the proposed plan's relationship to the Objectives of landscaping regulations Section 4.6.16 and site and landscape design standards pursuant to Section 4.6.16. An overall determination of consistency with respect to the above items is required in order for a landscaping plan to be approved. 219 SE 7th Avenue; COA 2017-125 HPB Meeting May 3, 2017 Page 4 of 5 The proposed landscaping improvements have been reviewed and determined that they are in compliance with LDR Section 4.6.16 – Landscape Regulations. There is one item that needs to be addressed with the resubmittal of plans for certification relating to the requirement for a tabular data requirement for single family residences. This item is attached as a condition of approval. The proposed aluminum rail fence is to be planted with a Confederate Jasmine vine. Should the Board decide to approve staff’s recommendation of reducing the height of the fence from 5’2” to 4’ then the applicant may wish to plan a hedge on the interior side of the fence. The height of the hedge can exceed the 4’ requirement for the fence. As compliance with the requirements has been made, positive findings can be made to approve the proposed Landscape Plan. ALTERNATIVE ACTIONS A. Continue with direction B. Move approval of the Certificate of Appropriateness, Class II Site Plan Modification, Landscape Plan and Waiver Request (2017-125) for 219 SE 7th Avenue, Marina Historic District Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations Sections 2.4.5(F)-(Modifications to Site and Development Plans), 2.4.5(H)(5)-(Landscape Plan Findings), 2.4.6(H)(5)-(COA Findings) and 2.4.7(B)(5)-(Waiver Findings). C. Move denial of the Certificate of Appropriateness, Class II Site Plan Modification, Landscape Plan and Waiver Request (2017-125) for 219 SE 7th Avenue, Marina Historic District Historic District, based upon a failure to make positive findings with respect to Land Development Regulations Sections 2.4.5(F)-(Modifications to Site and Development Plans), 2.4.5(H)(5)-(Landscape Plan Findings), 2.4.6(H)(5)-(COA Findings) and 2.4.7(B)(5)-(Waiver Findings). RECOMMENDATION By separate motions: Waiver Approve the waiver request to LDR Section 4.5.1 (E)(3)(a)(1), to allow the 6’ columns and 7’4” vehicular gates to exceed the maximum 4’ height limitation, based upon positive findings with respect to LDR Section 2.4.7(B)(5). COA and Site Plan Approve the Certificate of Appropriateness and Class II Site Plan Modification (2017-125) for 219 SE 7th Avenue, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Sections 2.4.5(F) and 2.4.6(H)(5), subject to the following condition: 1. That the proposed aluminum picket fence and pedestrian gate do not exceed 4’ in height and the notations on the plans be revised accordingly prior to certification of the Site Plan. Landscape Plan Approve the Landscape Plan associated with COA 2017-125 for 219 SE 7th Avenue, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(H)(5) and 4.6.16, subject to the following condition: 219 SE 7th Avenue; COA 2017-125 HPB Meeting May 3, 2017 Page 5 of 5 1. That the single family landscape calculations residences be provided on the Landscape Plan sheet or as a separate exhibit prior to certification of the Site Plan.. Attachments: Site Plan Landscape Plan Survey Prepared by: Michelle Hoyland, Historic Preservation Planner City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-442,Version:1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Parks & Recreation Director THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 AWARD OF A PURCHASE AGREEMENT TO SHADE SYSTEMS, INC. FOR THE PURCHASE OF A SHADE SYSTEM AT ROBERT P. MILLER PARK Recommended Action: Motion to Award a purchase agreement to Shade Systems, Inc. to design, manufacturer, deliver and install a shade system at Robert P. Miller Park in the not-to-exceed amount of $44,500. Background: On March 13, 2017, Purchasing issued ITB No. 2017-049 for a shade system at Miller Park. Four bids were received from Creative Shade Solutions, Regal Contractors, Inc. Shade Systems, Inc. and Shade America, Inc. The 15'x10'x12' high offset T-Cantilevered systems will be installed over four separate bleachers located at Miller Park, Field #3 and Sergio Field. The shade fabric screens 95% of the ultraviolet (UV) rays from the sun and will be treated with fire retardent. The shades will protect patrons from the weather elements and the UV rays from the sun. The lowest responsive, responsible bidder is Shade Systems, Inc. FIRM BID AMOUNT Shade Systems $43,426.40 Shade America $43,520.00 Creative Shade $44,000.00 Regal Contractors $54,800.00 Staff is requesting a contingency of $1,073.60 to cover any miscellaneous items that may be required to complete the installation for a total not-to-exceed amount of $44,500. 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. City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-442,Version:1 Funding Source: Funding is available from account number 334-4173-572.63-90 (General Construction Fund: Other Improvements). Timing of Request: N/A City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Miller Park Shade System BID TABULATION BID No. 2017-049 Posted: 04.25.2017 Shade Systems, Inc.Shade America, Inc.Creative Shade Solutions Regal Contractors, Inc. $ 43,426.40 $ 43,520.00 44,000.00$ 54,800.00$ Bid Opening Date: April 11, 2017Bid 2017-049 4/1?/?íl17 1.;11y or ueiray tseacn Bid Tabulation Packet for Solicitation 2017 -049 Miller Park Shade System Bid Designation: Public City of Delray Beach Rirl~vnr. LUl /-U4~ n 1 A/1?/?017 1,.;ny or ue1ray eeacn RirlSvnr. LUl /-U4~ n ? t,;1ry or uetray eseacn LUl /-U4~ Bid #2017-049 - Miller Park Shade System Creation Date Mar 13, 2017 Start Date Mar 13, 2017 11: 16:57 AM EDT End Date Apr 11, 2017 2:30:00 PM EDT Awarded Date Not Yet Awarded 2017-049--01-01 Schedule of Pricing Supplier I Unit Price Qty/Unit I Total Price I Attch. I Docs Shade Systems Inc I !First Offer - $43,426.40 1 / each I $43,42s.40 I y I Product Code: Supplier Product Code: OTC153012 Agency Notes: Supplier Notes: Offset T-Cantilever (15 x 30 x 12 high) - in- ground bury footings. SHADE AMERICA [Ad] I !First Offer - $43,520.00 1 / each I $43,s20.oo I y I Product Code: Supplier Product Code: Per bid specifications Agency Notes: Supplier Notes: Creative Shade Solutions I !First Offer - $44,000.00 1 / each I $44,ooo.oo I I Product Code: Supplier Product Code: T Style Canti Agency Notes: Supplier Notes: 4 units Installed and permitted Regal Contractors Inc. I !First Offer - $54,800.00 1 / each I $54,soo.oo I y I Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Supplier Totals f Shade Systems Inc Bid Contact Jeremy Purkis jeremy@shadesystemsinc.com Ph 800-609-6066 Bid Notes Grand Total Price based on (4ea) Cantilevers, engineering, shipping, and professional installation. $43,426.40 Address 4150 SW 19th Street Ocala, FL 34474 Agency Notes: Supplier Notes: Head Grand Total Price based on (4ea) Cantilevers, Attch: engineering, shipping, and professional installation. ® f SHADE AMERICA (Ad] Bid Contact MULLER OTTO carrie.shadeamerica@gmail.com Ph 904-803-6594 Fax 904-342-7995 Agency Notes: $43,520.00 Address # 5 SEMINOLE DR. ST. AUGUSTINE, FL 32084 Supplier Notes: Head Attch: 1ID f Creative Shade Solutions Bid Contact Werner Furstenberg werner@creativeshadesolutions.com Ph 727-947-3067 Agency Notes: $44,000.00 Address TARPON SPRINGS, FL 34689 Supplier Notes: Head Attch: ® .4/1?/?n17 Rirl!=:vnr. n ~ ~ny or uerray tseacn LUl /•U4l:l f Regal Contractors Inc. Bid Contact Paul Martin martint5@comcast.net Ph 561-906- 7321 Agency Notes: $54,800.00 Address P. O. Box 20075 West Palm Beach, FL 33416 Supplier Notes: Head Attch: ~ ** 4/1?/?íl17 Rirl~vnr, n 4 1.,;1ty or ueuay eeacn LUl /-U4~ Shade Systems Inc Bid Contact Jeremy Purkis jeremy@shadesystemsinc.com Ph 800-609-6066 Bid Notes Grand Total Price based on (4ea) Cantilevers, engineering, shipping, and professional installation. Address 4150 SW 19th Street Ocala, FL 34474 Item # Line Item Notes Unit Price Qty/Unit Atleh. Docs 2017-049-01-01 Schedule Supplier of Pricing Product Code: OTC153012 Supplier Notes: Offset T-Cantilever (15 X 30 X 12 high) - in-ground bury footings. First Offer - $43,426.40 1 / each $43,426.40 Y Supplier Total $43,426.40 4/1 ?/?íl17 Rirl~vnr. n i:; 1,;11y or ueiray eeacn LUl /-U4~ Shade Systems Inc Item: Schedule of Pricing Attachments Bid Docs.pdf .4/1?/?n17 Rirl~vnr. n R t.;1ty or ueiray eeacn LUl /-U4~ Shade______.~ ~~~Ü®[îi])~'· 4150 S.W. 19 Street · Ocala, FL 34474 Tel.: 352/237-0135 TOLL-FREE: 1-800-609-6066 2256 e-mail: info@shadesystemsinc.com April 5, 2017 City of Delray Beach 100 NW 1st Ave Delray Beach, FL 33444 FAX: 352/237- RE: Bid #2017-049, Miller Park Shade System - 2:30 P.M. April 11, 2017 Dear Sir or Madam: This letter of intent is to serve as notice on behalf of Shade Systems Inc. The Miller Park project will consist of furnishing of (4ea) Offset T-Cantilever shade structures. Florida Engineered drawings and calculations will also be provided for the products. Products will be shipped to Miller Park (Delray Beach, Florida) and will be professionally installed on site. Scope to include truck unloading, permitting, and materials to construct concrete footings as recommended by the engineered footing details. Sincerely, 9~?~ Jeremy Purkis Design Consultant Encl. .c1,1?1?n17 RirlSvnr, n 7 1_;1ty or uetray eeacn Shade ~~Û:®[füù£3'" 4150 S.W. 19 Street · Ocala, FL 34474 Tel.: 352/237-0135 TOLL-FREE: 1-800-609-6066 2256 e-mail: info@shadesystemsinc.com April 5, 2017 City of Delray Beach 100 NW 1st Ave Delray Beach, FL 33444 FAX: 352/237- RE: Bid #2017-049, Miller Park Shade System - 2:30 P.M. April 11, 2017 Statement of Organization: • Shade Systems Inc. • 4150 SW 19 Street, Ocala, FL 34474 • PH: 800-609-6066 • Fax: 352-237-2256 • jeremy@shadesystemsinc.com • www.shadesystemsinc.com • Corporation • FEIN:42-1571783 • Hours: M-F / 8AM-5PM • 14 Years in business • Alan Bayman - President (PH: 800-609-6066) Sincerely, 9~?~ Jeremy Purkis Design Consultant Encl. 4/1?/?n17 Rirl~vnr. n R 1.,;1ty or uetray eeacn tllC LUl f-U4~ 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: Shade Systems Inc. Street Address: 4150 SW 19 St, Ocala, FL 34474 Mailing Address (if different from Street Address): NI A Telephone Number(s): 800-609-6066 Fax Number(s): 352-237-2256 Email Address: jeremy@shadesystemsinc.com Federal Identification Number: 42-1571783 4/7/17 Date Jeremy Purkis - Design Consultant Printed Name and Title By signing this document, the Bidder agrees to all terms and conditions of the 1TB 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. 1TB 2017-049 Miller Park Shade System Page 119 a/1'.il/?017 q-17 AM Rirl~vnr. n 7A 1_;1ty or uerray eeacn tllO LUl /-U4l:/ 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: Jeremy Purkis Firm Name (print) 4/7/17 Signature Jeremy Purkis - Design Consultant Date Printed Name and Title 1TB 2017-049 Miller Park Shade System Page 120 &/1'.il/?n17 q-17 AM RirlSvnr, n ,.a i.;1ry or uerray eseacn ts IO LU l f -U4l:I 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) ln 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. Jeremy Purkis Firm Name (print) 4/7/17 Signature Jeremy Purkis - Design Consultant Date Printed Name and Title 1TB 2017-049 Miller Park Shade System Page 121 a/1'1/?n17 Q·17 AM Rirl~vnr. n 751 t;1ty or uetray eeacn ölC LUl /-U4~ Form4 Conflict of Interest Disclosure Form The award of this 1TB 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 1TB. 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: D 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. D 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: Jeremy Purkis Firm Name (print) 4/7/17 Signature Jeremy Purkis - Design Consultant 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. NIA 1TB 2017-049 Miller Park Shade System Page I 22 &/1'..il/?017 Q·17 AM Riri~vnr, n 7R ~1ty or ueiray t:seacn t:slO LUl /-U4~ 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 1TB. The Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM DATE PRINT NAME OF TITLE OF SIGNATURE OF NUMBER RECEIVED AGENT AGENT AGENT Adm 1 3/29/17 Jeremy Purkis Design Consultant º~ -?~ ,;:,r 17 Shade Systems Inc. Bidder (firm name) 9~?~ 4/7/17 Signature Jeremy Purkis - Design Consultant Date Printed Name and Title 1TB 2017-049 Miller Park Shade System Page 123 a,n1?n17 q-17 AM Flirl~vnr. n 7:Z 1.,;1ty or ueiray eseacn t:SIO LUl /-U4l:I Form 6 Schedule of Pricing Bid 2016-049 Miller Park Shade System A. PRICE: Bidder must submit pricing per the requirements and specification detailed in this 1TB. B. AL TERNATE PRODUCTS: Alternate products of equal specifications will be considered. ln order for an alternate product to be considered, a request must be made by Bidder prior to the Deadline for Delivery of Questions. Bidder may be required and must submit information and documentation supporting their claim that the purported alternate is equal to the product specified in this 1TB with its request for consideration. The City in its sole discretion will determine if the alternate product meets the requirements of this 1TB. If an alternative is approved by the City, an addendum will be issued acknowledging the approved alternate product and allowing Bids to be submitted with the alternate product. EXTENDED ITEM QTY UOM DESCRIPTION UNIT PRICE PRICE 1 4 EA Offset T-Cantilever (15x30x12) $ 5,606.60 $ 22,426.40 Engineered drawings and 2 1 EA calculations $ 900.00 $ 900.00 3 1 EA Shipping to Delray Beach, FL $ 1,600.00 $ 1,600.00 4 1 EA Professional Installation $ 18,500.00 $ 18,500.00 TOTAL BID PRICE $ 43,426.40 C. MANUFACTURER MANUFACTURER MODEL Shade Systems Inc. OTC 15 3 O 12 - Offset T-Cantilever C. SUPPORTING DOCUMENTATION: Submit the following supporting documentation with your Schedule of Pricing: D. 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 0 No 1TB 2017-049 Miller Park Shade System Page 124 a11,11?n17 q-17 AM RirlSvn" n 7R 1.,;11y or ueiray eeacn D. BID INFORMATION WAS OBTAINED FROM: ~ BidSync D Newspaper Ad ~ity Website D CityHall D Other (specify) _ 1TB 2017-049 Miller Park Shade System a11,11?n17 q-17 AM Rirl~vnr. t:110 LUl /-U4~ Page I 25 n 7A 1_;1ty or ueiray tseacn Why choose Shade Svsterns? t/ Turn-N-Slide™ Easy Fastening System • Makes it easy to remove and re-attach the fabric canopy for the winter season or in case of severe storm such as hurricanes (most other shade companies' products are permanent and require professional installers to remove and re-install the canopy). • Only patented and time-tested system of its kind - in continuous use nationwide since 2003 • See our demonstration video at: http://shadesystemsinc.com/turnslide/turn-n-slide-video/ t/ One-Point 'Sail' Attachment System • No need to thread messy cables - each corner of the Sail fabric canopy features a stainless steel bracket with just one tensioning bolt to easily attach or remove the canopy. Cables are permanently concealed in the hems and terminate in the stainless steel bracket - you never have to touch them! • See our demonstration video at: http://shadesystemsine.co misa i Is/sa i Is-vi deo/ t/ Extensive use of stainless steel for maximum corrosion resistance • All stainless steel hardware • All stainless steel cables t/ 100% U.S. made - All under one roof in our Florida factory! • Watch our 5-minute Factory Tour video: h ttp://s hade sys te ms i ne. co mia baut-u s/f actory-tou r-video/ t/ Most comprehensive warranties in the industry 20 yrs on metal frames against rust-through corrosion 10 yrs on CoolNet™ shade fabric against deterioration (And none of the above warranties are pro-rated!) t/ Fire Rated • CoolNet™ Shade Fabric is treated with fire retardants, and passes the requirements established under the NFPA 701 Test Method 2 test standards for flammability, including the accelerated water leaching protocol. Ask for a copy of the test results. 1 O yrs on Cool Net™ stitching thread against deterioration 1 O yrs on Turn-N-Slide™ Easy Fastening System t/ Maximum U.V. protection • Up to 99% U.V. screening protects against sun overexposure • Reduces temperatures by up to 15-20 degrees • Extends the life of playground equipment and other property underneath Shade Systems. Inc. 4150 SW 19th Street Ocala. FL 34474' Toll Free, l.800.609.6066 Local. 352.237.0135 Fax, 352.237.2256 RirlSvnr, e-maiL info@shadesystemsinc.com web, www.shadesystemsinc.com n 17 1.,;rty or uerray eeacn Turn-N-Slide™ by Shade Systems Blows Away the Competition! LUl /•U4l:1 Our Turn-N-Slide is the original time-tested canopy removal system for fast and easy release in case of hurricanes. And, after the storm has passed, only the Turn-N-Slide makes canopy re-attachment a breeze! See a brief video of how it works here: http://shadesystemsinc.com/turnslide/turn-n-slide-video/ Compare our proven Turn-N-Slide to the competition's 1Quick Release' Turn-N-Slide by Shade Systems Step 1: Use our special vandal-resistant tool to remove access cap Step Z: Turn concealed nut using a standard socket wrench. Attachment hook moves backward. releasing the canopy cables. The Turn·N·Slide Advantages V It's on everv rafter corner - not just opposite corners. V Uses independent cables factory-inserted in each hem - not a continuous cable which needs to be cut and clamped in the field. v' Needs no customer-supplied special tools except for a common socket wrench. V Rafters are sealed at the top and do not allow any moisture to enter the mechanism. V Attachment hook is on a moving sleeve, spreading the load exerted by the cables over the entire rafter strength for long-term durabilttv. v' Turn-N-Slide is the only such system in continuous use for over 10 years, and the only one which comes covered by its own written 10 year warranty against failure. v' The Turn-N-Slide comes with a 5-minute instructional video - great to remind staff how to remove the canopy after an absence of hurricanes for a few years have dulled our memory! The Competition Messy Cables Slot in rafter allows water corrosion How the Competition Falls Short 0 If the competition even offers a built-in mechanism, beware that it may be installed on only opposite corners, which does not work as well and makes canopy removal and re-attachment a chore. 0 Competition uses a continuous cable around the entire perimeter of the canopy which needs to be threaded through the hems evenly and clamped tight by an installer. (2) Competition's continuous cables require a "come along" or winch to tighten - very difficult to do. (2) At least one competitor cuts a slot in the top of the rafter for the hook to protrude through, which allows water and debris to enter the mechanism and can cause corrosion and failure. (2) A competitor attaches the hook directly to the althread rod inside which is weaker than the entire rafter - high wind speeds can cause the rod to bend and fail. (2) Competitors' inferior imitations have not been on the market as long, have not been through any hurricanes, and do not have a published warranty against failure. 0 Competitors do not offer an instructional video of their mechanism. Shade Systems. Inc. 4150 SW 19th Street Ocala. FL 34474 Toll Free, 1.800.609.6066 Local, 352.237.0135 Fax, 352.237.2256 Rirl~vnr. e-mail, info@shadesystemsinc.com web, www.shadesystemsinc.com n 1R AVAILABLE COLURScn LUl /•U4~ Cool Net \as been specifically developed as a very strong and durable U.V. protection fabric for use with Shade Systems™ outdoor structures. Our fabrics combine maximum sun protection with strength and durability to ensure maintenance-free exterior performance. FIRE ORANGE ONYX BLACK GRAPE PURPLE BRIGHT RED I BRICK RED SILVER GREY LIGHT BLUE I NAVY BLUE AQUATIC BLUE FOREST GREEN Powder-Coat Colors All steel tubing components are manufactured with a bright and durable polyester powder-coated finish. Standard powder-coat colors are shown below, with many optional custom colors available upon request. ALPINE WHITE LATTE TAN Shade Systems protective padding is ideal for cushioning accidental bumps r steel posts. Available in a variety of colors to match our standard powder-coat colors and sizes to our structural posts, pads consist of exterior grade foam filler encased in high-gloss easy-to-clean fla - etardant vinyl. All pads are 6' high and fastened to posts with heavy-duty all weather plastic zippers. ALPINE WHITE JET BLACK I I LATTE TAN Actual fabric and metal colors mav varv from representations shown here. Sample fabric swatches and metal color chips are available upon request. For further details please refer to Technical Specifications and Warrantv information at: http://shadesvstemsinc.com/specs-warrantv/ Shade Systems, Inc. 4150 SW 19th Street Ocala, FL 34474 Toll Free, l .800.609.6066 Local, 352.237.0135 Fax, 352.237.2256 RirlSvnr. e-mail, info@shadesystemsinc.com web, www.shadesystemsinc.com n 1Q ~1iy or ueiray eseacn LUl /-U4::1 LIMITED WARRANTY Effective 12/1/10 Shade Systems, Inc. warrants that the equipment sold will conform in kind and quality to the specifications listed in the Order Acknowledgment and will be free of defects in workmanship or materials. Shade Systems further warrants: • LIMITED 20 YEAR WARRANTY on all upright posts and support structure frames against failure due to rust-through corrosion. This warranty excludes any cosmetic issues. • LIMITED 1 O YEAR WARRANTY on all CoolNet™ fabrics, threads, and cables against degradation, cracking or material breakdown resulting from ultra-violet exposure, mold, and mildew, as well as on Turn-N-Slide™ fastening device. This warranty excludes fading or failure of fabric due to chemical erosion or flying or falling objects. • LIMITED 3 YEAR WARRANTY on all WeatherNet™ fabrics and threads against degradation, cracking or material breakdown resulting from ultra-violet exposure, mold, and mildew. This warranty excludes fading or failure of fabric due to chemical erosion or flying or falling objects. • LIMITED 1 YEAR WARRANTY for structural failure of moving parts, powder-coated finish, or any other product or part not covered by one of the above warranties. All above warranties commence on the date of the Seller's invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Seller shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such non-conformity at the sole option of the Seller either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Seller shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts, transportation or its associated costs to return to Seller's factory parts to be replaced or repaired, or the installation of any replacement part or parts. Replacement parts will be warranted for remainder of original warranty. This Warranty is exclusive and in lieu of all other warranties, whether express or implied, including but not limited to any warranty of merchantability or of fitness for a particular purpose. The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Seller shall not be liable for any direct, indirect, special, incidental or consequential damages. Seller neither assumes nor authorizes any employee, representative or any other person to assume for Seller any other liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to or affecting the agreement. The warranty stated above is valid only if the structures are erected in conformity with the layout plan and/or installation instructions furnished by the Seller; have been maintained and inspected in accordance with the Seller's instructions and other normal and prudent practices; have been subjected to normal use for the purpose for which the goods were designed; have not been subjected to misuse, negligence, vandalism, or accident; have not been subjected to additional or substitution of parts; and have not been modified, altered, or repaired by persons other than the Seller's designees in any respect which, in the judgment of Seller, affects the condition or operation of structures. To make a claim, send your written statement of claim, along with the original invoice number to: Shade Systems, Inc.> 4150 S.W. 19 Street • Ocala, FL 34474 .4/1 ?/?n17 RirlSvnr. n ?n 1.;ny or uetray tseacn LUl /-U4\:f Tel.: 352/237-0135 4150 S.W. 19 Street · Ocala, FL 34474 TOLL-FREE: 1-800-609-6066 e-mail: info@shadesystemsinc.com FAX: 352/23 7-2256 CUSTOMER REFERENCES The following is a partial selection of local customers who may be contacted and interviewed about their experiences with Shade Systems products and service: Miami-Dade County Parks Dept. ATTN: Mr. Michael Bedell, Landscape Architect - Tel.: 305-755-7891 Projects & Duration: Numerous shade structures at multiple locations since 2004 City of Miami Beach Parks & Rec. ATTN: Mr. Carlos Da Cruz Projects & Duration: Numerous shade structures at various locations since 2004 Tel.: 786/412-6254 City of Fort Lauderdale Parks & Rec. ATTN: Mr. Thomas White, Landscape Architect - Tel.: 954-828-5350 Projects & Duration: Numerous shade structures at multiple locations since 2005 City of Plano, Texas ATTN: Mr. Kevin Murray, Parks Supt. Project: Russell Creek Park - multiple Cantilevers on sports fields installed since 2009 Tel.: 972-941-7265 City of Tamarac Parks & Rec. ATTN: Mr. Greg Warner, Director Projects & Duration: Numerous shade structures at multiple locations since 2006 Tel.: 954/597-3638 City of Margate Parks & Rec. ATTN: Mr. Mike Jones, Director Projects & Duration: Numerous shade structures at multiple locations since 2007 Tel.: 954/444-7077 City of Dania Beach Recreation ATTN: Mr. Mark Felicetty, Director Projects & Duration: Numerous shade structures at multiple locations since 2014 Tel.: 954-924-6800 x3730 City of Clearwater Parks & Recreation ATTN: Mr. Leroy Chin Projects & Duration: Numerous shade structures at multiple locations since 2005 Tel.: 727/224-7101 City of Brush, Colorado ATTN: Mr. Dwight Andersen, Parks Maintenance Supervisor Projects & Duration: Doty Pond 2014 Tel.: 970/768-4327 .411?t?n17 Rirl!=:vnr. n ?1 55 66 Solicitation 2017-049 Miller Park Shade System Bid Designation: Public City of Delray Beach Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 1 5 6 Bid 2017-049 Miller Park Shade System Bid Number    2017-049 Bid Title    Miller Park Shade System Bid Start Date Mar 13, 2017 11:16:57 AM EDT Bid End Date Apr 11, 2017 2:30:00 PM EDT Question & Answer End Date Apr 4, 2017 5:00:00 PM EDT Bid Contact    Ja'Anal Dowdell Buyer 561-243-7129 ext 1812 dowdell@mydelraybeach.com Contract Duration   One Time Purchase Contract Renewal   Not Applicable Prices Good for   30 days Pre-Bid Conference  Mar 23, 2017 9:00:00 AM EDT Attendance is optional Location: Non-Mandatory Pre-proposal conference Tuesday March 23, 2017 9:00 a.m. ET City of Delray Beach City Hall Building, 1st Floor Conference Room 100 N.W. 1st Avenue, Delray Beach, FL. Bid Comments 1.The City is seeking bids from qualified firms for design, manufacture, deliver and Install a cantilevered shade system at Miller Park (assuming normal ground conditions and no deep excavation required) per the specifications and requirements of this ITB. Item Response Form Item    2017-049-01-01 - Schedule of Pricing Quantity   1 each Unit Price    Delivery Location         City of Delray Beach Miller Park   Parks And Recreation   1905 SW 4TH AVENUE   DELRAY BEACH FL  33444 Qty 1 Description Complete Form 6  Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 2 CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 Invitation to Bid 2017-049 Miller Park Shade System MAYOR - CARY D. GLICKSTEIN VICE MAYOR - JORDANA JARJURA DEPUTY VICE MAYOR - MITCH KATZ COMMISSIONER - SHELLY PETROLIA INTERIM CITY MANAGER - NEAL DE JESUS Purchasing Department (561) 243-7161  purchasing@mydelraybeach.com Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 3 CITY INVITATION TO BID 2017-049 CONFIRMATION OF RECEIPT OF BID Title: Miller Park Shade System 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. Bidders should keep this form with their records. Submission Deadline: April 11, 2017, 2:30 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): Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 4 ITB 2017-049 Miller Park Shade System Page | 1 CITY OF DELRAY BEACH ITB No. 2017-049 Miller Park Shade System Contents INVITATION TO BID .................................................................................................................. 2 SECTION 1: TERMS AND CONDITIONS .................................................................................. 6 SECTION 2: BID FORMAT .......................................................................................................14 SECTION 3 SCOPE OF WORK ................................................................................................16 SECTION 4: FORMS FOR BID .................................................................................................18 Bid Submittal Signature Page ................................................................................................19 Public Entity Crimes ...............................................................................................................20 Drug-Free Workplace .............................................................................................................21 Conflict of Interest Disclosure Form .......................................................................................22 Acknowledgment of Addenda ................................................................................................23 Schedule of Pricing ................................................................................................................24 Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 5 ITB 2017-049 Miller Park Shade System Page | 2 CITY OF DELRAY BEACH PURCHASING DEPARTMENT TEL: (561) 243-7161 FAX: (561) 243-7166 INVITATION TO BID INSTRUCTIONS ITB NO: 2017-049 TITLE: Miller Park Shade System ISSUE DATE: March 13, 2017 DEPARTMENT: Parks and Recreation DUE DATE: April 11, 2017 TIME: 2:30 PM ET The City of Delray Beach, Florida (City) is soliciting bids for Miller Park Shade System as identified herein. Any Bidder wishing to submit a bid must comply with the requirements contained in this Invitation to Bid (ITB). A Non-Mandatory Pre-bid conference has been scheduled for Thursday, March 23, 2017 at 9:00 a.m. ET in the City of Delray Beach (City) City Hall Building, 1st Floor Conference Room, 100 N.W. 1st Avenue, Delray Beach, FL. Information regarding the solicitation requirements and the City’s solicitation process are provided during the pre-solicitation conference. Interested parties are encouraged to attend. A site visit of the area and existing equipment will follow the meeting. This visit will be the only opportunity provided by the City, for interested firms to inspect the site. Transportation for site visit provided by interested firm. 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. 1. 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. Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 6 ITB 2017-049 Miller Park Shade System Page | 3 2. CORRESPONDENCE: The number of this ITB must appear on all correspondence or inquiries pertaining to this ITB. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 7 ITB 2017-049 Miller Park Shade System Page | 4 8. 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. 9. 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, 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. 10. 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. 11. SCOPE OF SERVICES: The successful Bidder will design, manufacture, deliver and Install a cantilevered shade system at Miller Park (assuming normal ground conditions and no deep excavation required) that meets the specifications and requirements as stated herein. 12. 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. 13. 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. 14. SOLICITATION SCHEDULE: Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 8 ITB 2017-049 Miller Park Shade System Page | 5 ACTIVITY DATE Issue ITB March 13, 2017 Pre-solicitation Conference March 23, 2017 9:00 a.m. City Hall Conference Room Deadline for Delivery of Questions <date> Due Date and Time (for delivery of Bids) April 11, 2017 2:30 P.M., ET Institute Cone of Silence April 11, 2017 2:30 P.M., ET Phase 1 Evaluation Complete April 14, 2017 Phase 2 Bid Tabulation Complete April 17, 2017 15. 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. [Remainder of page intentionally left blank] Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 9 ITB 2017-049 Miller Park Shade System Page | 6 SECTION 1: TERMS AND CONDITIONS Bid 2017-049 Miller Park Shade System 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. Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 10 ITB 2017-049 Miller Park Shade System Page | 7 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. Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 11 ITB 2017-049 Miller Park Shade System Page | 8 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; Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 12 ITB 2017-049 Miller Park Shade System Page | 9 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>. E. Professional Liability in an amount One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage 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 Purchasing Department. 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. Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 13 ITB 2017-049 Miller Park Shade System Page | 10 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. 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 Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 14 ITB 2017-049 Miller Park Shade System Page | 11 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 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 Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 15 ITB 2017-049 Miller Park Shade System Page | 12 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. 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 Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 16 ITB 2017-049 Miller Park Shade System Page | 13 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. [Remainder of page intentionally left blank] Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 17 ITB 2017-049 Miller Park Shade System Page | 14 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 pricing on the product specified in this ITB or an alternate product as approved via addendum. 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 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 Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 18 ITB 2017-049 Miller Park Shade System Page | 15 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] Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 19 ITB 2017-049 Miller Park Shade System Page | 16 SECTION 3 SCOPE OF WORK ITB 2017-049 Miller Park Shade System 1. PURPOSE: The City is seeking bids from qualified firms for design, manufacture, deliver and Install a cantilevered shade system at Miller Park (assuming normal ground conditions and no deep excavation required) per the specifications and requirements of this ITB. 2. SCOPE: Contractor shall provide all labor, travel, materials including concrete, permits and equipment to design, manufacturer and install a shade system at City of Delray Beach, Miller Park located at 1999 SW 4th Ave. Delray Beach, Florida 33444 3. SPECIFICATIONS a. 4 each, 15’ x 30’ Offset T- cantilevered shade systems, 12’ high b. Cable fasteners, frames and posts shall be of corrosion resistant materials (e.g., stainless steel, galvanized steel with power coat or galvanized steel with zinc plating) c. Shade fabric must screen a minimum of 95% of ultraviolet rays and be treated with fire retardant. d. Shade sails and posts must have a minimum of 10 year warranty. e. Structure frame, with or without canopy, once installed must be meet the International Building Code requirements for wind speeds. f. Shade fabric proposed for the shade must at a minimum meet the following requirements: i. Nominal Thickness: .055 ii. Weather Fastness: 4 on gray scale test iii. Tear Resistance: Warp – 210N, Weft 1544N 4. CONTRACTOR RESPONSIBILITIES Contractor shall provide the following: a. Engineer-sealed drawings and calculations. b. Installation of base and footings for mounting shade posts. c. Dirt removal from job site if required for installation. d. Work completed within 15 weeks of award of the purchase agreement. 5. CITY RESPONSIBILITIES The City shall provide the following: Provide access to Contractor to the work site. Provide water and electric utility connections, if required. Utility locating services. Provide a current survey of site for permitting purposes. Any required soil borings, testing and spot surveys required to obtain permitting. Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 20 ITB 2017-049 Miller Park Shade System Page | 17 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 Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 21 ITB 2017-049 Miller Park Shade System Page | 18 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 Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 22 ITB 2017-049 Miller Park Shade System Page | 19 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. Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 23 ITB 2017-049 Miller Park Shade System Page | 20 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 Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 24 ITB 2017-049 Miller Park Shade System Page | 21 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 Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 25 ITB 2017-049 Miller Park Shade System Page | 22 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. Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 26 ITB 2017-049 Miller Park Shade System Page | 23 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 Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 27 ITB 2017-049 Miller Park Shade System Page | 24 Form 6 Schedule of Pricing Bid 2016-049 Miller Park Shade System A. PRICE: Bidder must submit pricing per the requirements and specification detailed in this ITB. B. ALTERNATE PRODUCTS: Alternate products of equal specifications will be considered. In order for an alternate product to be considered, a request must be made by Bidder prior to the Deadline for Delivery of Questions. Bidder may be required and must submit information and documentation supporting their claim that the purported alternate is equal to the product specified in this ITB with its request for consideration. The City in its sole discretion will determine if the alternate product meets the requirements of this ITB. If an alternative is approved by the City, an addendum will be issued acknowledging the approved alternate product and allowing Bids to be submitted with the alternate product. C. MANUFACTURER MANUFACTURER MODEL ___________________________________ ___________________________________ C. SUPPORTING DOCUMENTATION: Submit the following supporting documentation with your Schedule of Pricing: D. 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 ITEM QTY UOM DESCRIPTION UNIT PRICE EXTENDED PRICE 1 $___________ $____________ 2 $___________ $____________ 3 $___________ $____________ 4 $___________ $____________ TOTAL BID PRICE $____________ Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 28 ITB 2017-049 Miller Park Shade System Page | 25 D. BID INFORMATION WAS OBTAINED FROM: BidSync Newspaper Ad City Hall City Website Other (specify) _____________________________________ Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 29 55 66 Question and Answers for Bid #2017-049 - Miller Park Shade System Overall Bid Questions There are no questions associated with this bid.    Question Deadline: Apr 4, 2017 5:00:00 PM EDT Bid 2017-049City of Delray Beach 3/13/2017 9:17 AM p. 30 May 1, 2017 CITY ATTORNEY OFFICE - LEGAL REVIEW CHECKLIST Name of Agreement: PURCHASE AGREEMENT FOR SOLICITATION NO. 2017-049 FOR MILLER PARK SHADE SYSTEM w/ SHADE SYSTEMS INC. Department: Contact person: City Manager approval: Yes No City Commission approval:  Agenda Item # _________________________________________________________________  Agenda Meeting Date: ___________________________________________________________ Agreement Action: New Renewal Amendment (S/A). Standard City form agreement Has the agreement been signed and notarized/witnessed by the vendor: Yes No For City Attorney Use only: Agreement Terms: Comments/Specific Provision in Agreement Term (Duration of Agreement) N/A (purchase agreement) Termination Clause 30 days written notice (Bid T&C #15) Renewal Clause N/A Insurance City Standard (Bid T&C #9) Indemnification City Standard (Bid T&C #7) Assignment Agt #8 Disclaimers Non-Discrimination Policy Agt #6 (Bid T&C #19 + 20) Inspector General Provision Agt #9 (Bid T&C #24) FL. Public Records Provision (2016) (Bid T&C #22) Governing Law FL Venue PBC Attorney’s fees None Waiver of Jury trial None Business Principles: Comments Fees: Total Value $43,426.40 Fees: Per Fiscal Year N/A Other Issues: Comments Non-Negotiable Issues/ Miscellaneous Issues/ Special Considerations Consistent with applicable policies including, but not limited to, Procurement policies. Yes Attorney: /s/ Janice Rustin Reviewed and approved as to form and legal sufficiency only CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 PURCHASE AGREEMENT FOR SOLICITATION NO. 2017-049 FOR MILLER PARK SHADE SYSTEM SHADE SYSTEMS INC. City of Delray Beach Agreement 2 Miller Park Shade System 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 N.W. 1st Avenue, Delray Beach, FL 33444 and Shade Systems, Inc. (hereinafter referred to as Supplier), A Florida corporation, whose address is 4150 SW 19 Street, Ocala, FL, this ____ day of _____, 20__. WITNESSETH: WHEREAS, the City issued ITB No. 2017-049 to provide installation of cantilevered shade system at City of Delray Beach Miller Park on March 13, 2017; and WHEREAS, Supplier submitted a response to the ITB dated April 11, 2017; and WHEREAS, the City desires to purchase products and services from Supplier subject to the terms and conditions of ITB No. 2017-049, Supplier’s Bid response to ITB No. 2017-049, and Exhibit A, Pricing Schedule. NOW, THEREFORE, for and in consideration of mutual promises contained herein and other good and valuable consideration, of which the parties do 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 services in accordance with and pursuant to the terms, conditions and pricing of ITB No. 2017-049. 3. 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. 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 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. City of Delray Beach Agreement 3 Miller Park Shade System 5. 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. 6. Public Records 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 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. City of Delray Beach Agreement 4 Miller Park Shade System 7. 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 Ave. Delray Beach, FL 33444 Attn: City Manager With Copy To: City of Delray Beach 200 N.W. 1st Ave. Delray Beach, FL 33444 Attn: City Attorney For Supplier: Shade Systems, Inc. 4150 SW 1 Street Ocala, FL 34474 Attn: Alan Bayman 8. Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. 9. Supplier 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 sub licensees and lower tier sub licensees. Supplier understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Supplier 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. 10. 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. City of Delray Beach Agreement 5 Miller Park Shade System c. Terms and conditions of ITB No. 2017-049, Miller Park Shade System, and all its addenda; d. Supplier’s response to ITB No. 2017-049, Miller Park Shade System, and any subsequent information submitted by Supplier during the evaluation process. . [Remainder of page intentionally left blank] City of Delray Beach Agreement 6 Miller Park Shade System IN WITNESS WHEREOF, the City and Supplier executed this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH BY: Katerri Johnson, City Clerk Cary D. Glickstein, Mayor Approved as to form for legal sufficiency: R. Max Lohman, City Attorney SUPPLIER By: Printed Name (SEAL) Title STATE OF FLORIDA COUNTY OF MARION 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 City of Delray Beach Agreement 7 Miller Park Shade System EXHIBIT A PRICING SCHEDULE A. PRICE B. MANUFACTURER MANUFACTURER MODEL Shade Systems, Inc. OTC153012- Offset T-Cantilever ITEM QTY UOM DESCRIPTION UNIT PRICE EXTENDED PRICE 1 4 EA Offset T-Cantilever (15x30x12) $5,606.60 $22,426.40 2 1 EA Engineered drawings and calculations $900.00 $900.00 3 1 EA Shipping to Delray Beach, FL $1,600.00 $1,600.00 4 1 EA Professional Installation $18,500.00 $18,500.00 TOTAL BID PRICE $43,426.40 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-449,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman Ph.D., Assistant City Manager THROUGH:Chief Neal de Jesus, Interim City Manager DATE:June 6, 2017 AWARD OF A PURCHASE AGREEMENT TO ARI PHOENIX, INC. FOR VEHICLES LIFTS AND EQUIPMENT IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $36,375.00 Recommended Action: Motion to Award a Purchase Agreement to ARI Phoenix,Inc.for Vehicles Lifts and Equipment in an annual amount not-to-exceed of $36,375. Background: On March 17,2017,the City advertised a solicitation for Vehicles Lifts and Equipment (ITB No.2017- 050).Two responses were received;from ARI Phoenix,Inc.and O'Reilly Automotive Stores,Inc. DBA O'Reilly Auto Parts.O'Reilly did not provide a quote on the brand and model lift specified,which was one of the minimum qualification requirements in the ITB and was deemed non-responsible. The vehicle lifts and related equipment will provide the needed resources required to perform maintenance and repairs to City Fire-Rescue vehicles as well as other heavy trucks and equipment. Currently,there are multiple vehicle lifts that are inoperable,hindering the ability of the City Fleet Management Division to perform the level of service necessary for maintain the City vehicles in a timely manner. The City has standardized on ARI-HETRA Vehicle Lifts The bid submitted by ARI Phoenix for the purchase of four ARI-HETRA heavy duty mobile lifts was $36,375. Environmental Services Department is recommending award to ARI Phoenix, Inc. This recommendation complies with the City Code of Ordinances,Chapter 36,Section 36.02 (A)," Methods of Acquisition, 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 501-3311-591.64-90 (Central Garage Fund:Other Machinery/Equipment). City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 INVITATION TO BID 2017-050 VEHICLES LIFTS AND EQUIPMENT (570-75) MAYOR - CARY D. GLICKSTEIN VICE MAYOR - JORDANA JARJURA DEPUTY VICE MAYOR - MITCH KATZ COMMISSIONER - SHELLY PETROLIA INTERIM CITY MANAGER - NEAL DE JESUS Purchasing Department (561) 243-7161  purchasing@mydelraybeach.com CITY INVITATION TO BID 2017-050 Vehicles Lifts and Equipment CONFIRMATION OF RECEIPT OF BID Title: Vehicles Lifts, Equipment and Installation 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. Bidders should keep this form with their records. Submission Deadline: April 11, 2017, by 2:00 P.M. ET Deliver to: City of Delray Beach City Hall Lobby Reception Desk 100 N.W. 1st Avenue Delray Beach, Florida, 33444 City of Delray Beach Confirmation of Receipt (Date/Time Stamp): ITB 2017-050 Vehicles Lifts and Equipment Page | 1 CITY OF DELRAY BEACH ITB No. 2017-050 Vehicles Lifts and Equipment Contents INVITATION TO BID .................................................................................................................. 2 SECTION 1: TERMS AND CONDITIONS .................................................................................. 6 SECTION 2: BID FORMAT .......................................................................................................14 SECTION 3 SCOPE OF WORK ................................................................................................16 SECTION 4: FORMS FOR BID .................................................................................................18 Bid Submittal Signature Page ................................................................................................19 Public Entity Crimes ...............................................................................................................20 Drug-Free Workplace .............................................................................................................21 Conflict of Interest Disclosure Form .......................................................................................22 Acknowledgment of Addenda ................................................................................................23 Schedule of Pricing ................................................................................................................24 Appendix A – Sample Agreement ITB 2017-050 Vehicles Lifts and Equipment Page | 2 CITY OF DELRAY BEACH PURCHASING DEPARTMENT TEL: (561) 243-7161 FAX: (561) 243-7166 INVITATION TO BID INSTRUCTIONS ITB NO: 2017-050 TITLE: Vehicle Lifts and Equipment ISSUE DATE: March 17, 2017 DEPARTMENT: Environmental Services, Fleet Management Division DUE DATE: April 11, 2017 TIME: 2:00 PM ET The City of Delray Beach, Florida (City) is soliciting bids for ARI-HETRA Vehicle Lifts and Equipment. 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. 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 ITB 2017-050 Vehicles Lifts and Equipment Page | 3 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. Bids 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. 1st Avenue, 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, ESD Training Room, located at Environmental Services Department Administration Building located at 434 South Swinton 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 2017-050 Vehicles Lifts and Equipment 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 portable vehicle lifts for the Delray Beach Environmental Services Department, Fleet Maintenance Division 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. 15. SOLICITATION SCHEDULE: ACTIVITY DATE Issue ITB March 17, 2017 Deadline for Delivery of Questions March 24, 2017 Due Date and Time (for delivery of Bids), bid opening at ESD Training Room April 11, 2017 by 2:00 P.M., ET Institute Cone of Silence April 11, 2017 at 2:00 P.M., ET Phase 1 Evaluation Complete April 18, 2017 Phase 2 Bid Tabulation Complete April 19, 2017 ITB 2017-050 Vehicles Lifts and Equipment Page | 5 MEETING LOCATIONS:  City Hall Conference Room - located at 100 N.W. 1st Avenue, first floor, Delray Beach, FL.  ESD Training Room - located at Environmental Services Department Administration Building located at 434 South Swinton Avenue, Delray Beach, FL. [Remainder of page intentionally left blank] ITB 2017-050 Vehicles Lifts and Equipment Page | 6 SECTION 1: TERMS AND CONDITIONS ITB 2017-050 Vehicles Lifts, Equipment and Installation 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. TERM OF AGREEMENT: The Agreement, a sample of which is made part of this ITB as Appendix A, will be in full force and effect upon full execution by the City of Delray Beach. The term of the Agreement shall be for a two-year period as stated in the Agreement, 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. 5. CASH DISCOUNTS: Bidder 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. 6. 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. ITB 2017-050 Vehicles Lifts and Equipment Page | 7 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. 7. 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. 8. 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. 9. 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 ITB 2017-050 Vehicles Lifts and Equipment Page | 8 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. 10. 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. ITB 2017-050 Vehicles Lifts and Equipment Page | 9 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. 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. 11. 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. 12. 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. 13. 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. 14. 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 15. EXCEPTIONS TO CONDITIONS: In the event the Bid Scope and Specifications differ from these Terms and Conditions, the Scope and Specifications will prevail. ITB 2017-050 Vehicles Lifts and Equipment Page | 10 16. 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. 17. 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). 18. 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. 19. 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. 20. 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. 21. 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. ITB 2017-050 Vehicles Lifts and Equipment Page | 11 22. 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 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 23. 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 ITB 2017-050 Vehicles Lifts and Equipment Page | 12 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. 24. 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. 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 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. 26. 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. ITB 2017-050 Vehicles Lifts and Equipment Page | 13 27. METHOD OF ORDERING: A Purchase Order(s) will be issued for purchases under the Agreement. 28. ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City encourages Bidders to submit a Bid or, if requested an alternate bid, containing items and/or the use of items with recycled content. When submitting a Bid with recycled content items, Bidder 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 ITB, the City may give preference to bids containing items and/or the use of items manufactured with recycled material or packaging that is recyclable. [Remainder of page intentionally left blank] ITB 2017-050 Vehicles Lifts and Equipment Page | 14 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. C. Bidder is a manufacturer’s authorized distributor/representative for the equipment proposed on Form 6, Schedule of Pricing. Provide a statement signed by an authorized official of the manufacturer confirming Bidder’s relationship to the manufacturer. D. Bidder has submitted pricing on the product specified in this ITB or an alternate product as approved via addendum. No additional documentation is required. The City will verify from Bidder’s Form 6, Schedule of Pricing. E. 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 ITB 2017-050 Vehicles Lifts and Equipment Page | 15 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. 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. 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. 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 2017-050 Vehicles Lifts and Equipment Page | 16 SECTION 3 SCOPE OF WORK ITB 2017-050 Vehicles Lifts, Equipment and Installation A. BACKGROUND: The purchase of vehicle lifts and related equipment will provide the needed resources required to perform maintenance and repairs to City Fire-Rescue vehicles as well as other heavy trucks and equipment. Currently, there are multiple vehicle lifts that are inoperable, hindering the ability of the City Fleet Management Division to perform the level of service necessary for maintain the City vehicles in a timely manner. The City has standardized on ARI-HETRA Vehicle Lifts. B. SCOPE: Successful Bidder shall provide and deliver four ARI-HETRA heavy-duty mobile vehicle lifts to the City Fleet Management Division upon award and issuance of a purchase order. Services shall also include training of City staff on the use and maintenance of the vehicle lifts. The initial purchase will be for four vehicle lifts per the requirements in this ITB. Additional lifts and other equipment purchases will be made at the time of need during the Agreement Term. C. GENERAL SPECIFICATIONS FOR THE INITIAL PURCHASE: The required heavy-duty mobile vehicle lifts shall meet the following specification requirements: i. ARI-HETRA Model HDML-9-4-AE ii. Lifting capacity of 16,000 lb. each iii. Incorporating a 2 HP 208/440 volt 3 phase motor iv. LED control panel capable of providing simultaneous synchronized control of all lifts that are connected in series v. Electronic overload protection vi. Emergency stop buttons on each post. D. WARRANTY In the event the original equipment manufacturer of the lifts does not provide warranty of parts and labor for a full one-year period after delivery and acceptance, successful Bidder, at its sole expense, shall provide additional warranty of parts and labor which combined with the manufacturer’s warranty is equal to one (1) full year. E. START UP Successful Bidder shall provide the following within five days of deliver for each vehicle lift purchase at no additional charge: 1. An operational test. 2. If requested by the City, up to four hours of on-site training to City staff training in the use, care and maintenance of the vehicle lifts. F. SHIPPING AND DELIVERY All items shall be shipped FOB to Environmental Services Department, Fleet Management Division, 434 S. Swinton Avenue, Delray Beach, FL 33444. Successful Bidder shall provide the City with 48 hour advance notification of delivery. ITB 2017-050 Vehicles Lifts and Equipment Page | 17 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 ITB 2017-050 Vehicles Lifts and Equipment Page | 18 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 2017-050 Vehicles Lifts and Equipment Page | 19 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 2017-050 Vehicles Lifts and Equipment Page | 20 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 2017-050 Vehicles Lifts and Equipment Page | 21 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 2017-050 Vehicles Lifts and Equipment Page | 22 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 2017-050 Vehicles Lifts and Equipment Page | 23 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 2017-050 Vehicles Lifts and Equipment Page | 24 Form 6 Schedule of Pricing Bid 2016-050 Vehicles Lifts, Equipment and Installation A. PRICE: Bidder must submit pricing per the requirements and specification detailed in this ITB. Pricing must include (1) an operational test for each delivered lift; (2) up to four hours of on-site training to City staff in the use, care and maintenance of the vehicle lifts (one training session for each delivery); and (3) all delivery costs to the City of Delray Beach Environmental Services Department, Fleet Management Division. TOTAL BID PRICE IN LETTERS:___________________________________________ B. WARRANTY Provide details of the manufacturer’s warranty as well as any additional warranty provided by Bidder. C. SUPPORTING DOCUMENTATION: Submit the following supporting documentation with your Schedule of Pricing: Technical product manual. D. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Bidder 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) _____________________________________ ITEM QTY UOM DESCRIPTION UNIT PRICE EXTENDED PRICE 1 4 EA ARI-HETRA heavy-duty mobile vehicle lift, Model HDML-9-4- AE $___________ $____________ TOTAL BID PRICE $____________ City of Delray Beach ITB No. 2017-050 Vehicles Lifts, Equipment Installation 1 APPENDIX A SAMPLE 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 1st Avenue, Delray Beach, FL 33444 and _____________hereinafter referred to as “Supplier”), whose address is________________, this ____ day of ______________, 2017. WHEREAS, the City issued a solicitation 2017-050 for furnish and deliver portable vehicle lifts for the Fleet Maintenance Division from Delray Beach’s Environmental Services Department on______________. WHEREAS, Supplier submitted a response to the solicitation dated ________. WHEREAS, the City desires to purchase products and services from Supplier subject to the terms and conditions of the ITB 2017-050 and Supplier’s Bid response to ITB 2017- 050. 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 Fixed and Portable Generators in accordance with and pursuant to the terms, conditions, and pricing of ITB 2017-050. 3 This Agreement is in full force and effect upon full execution by the City of Delray Beach for a not-to exceed amount of __________Dollars. 4 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 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 City of Delray Beach ITB No. 2017-050 Vehicles Lifts, Equipment Installation 2 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. 5 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. 6 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 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 City of Delray Beach ITB No. 2017-050 Vehicles Lifts, Equipment Installation 3 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. 7 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 For Supplier: 8 Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. 9 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. 10 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 City of Delray Beach ITB No. 2017-050 Vehicles Lifts, Equipment Installation 4 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 2017-050 and any subsequent information submitted by Supplier during the evaluation process. [Remainder of page intentionally left blank] City of Delray Beach ITB No. 2017-050 Vehicles Lifts, Equipment Installation 5 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: Interim City Clerk Cary D. Glickstein, Mayor Approved as to form and legal sufficiency: R. Max Lohman, City Attorney Name of Supplier By: Print Name: Title: (SEAL) 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 Item #Item Description QTY ARI-HETRA Heavy-duty mobile vehicle lift, Model HDML-9-4-AE Unit Price Extended Price 1 4 $9,093.75 $36,375.00 Total Bid Price $36,375.00 O'Reilly Automotive Stores, Inc. DBA O'Reilly Auto Parts has been deemed non-responsible RFP 2017-050 - Vehicles Lifts and Equipment Bid Opening Date: 04/11/2017 Tabulation Sheet ARI PHOENIX, INC. May 1, 2017 CITY ATTORNEY OFFICE - LEGAL REVIEW CHECKLIST Name of Agreement: Purchase Agreement – Vehicle Lifts Department: Contact person: City Manager approval: Yes No City Commission approval:  Agenda Item # _________________________________________________________________  Agenda Meeting Date: ___________________________________________________________ Agreement Action: New Renewal Amendment (S/A). Standard City form agreement Has the agreement been signed and notarized/witnessed by the vendor: Yes No For City Attorney Use only: Agreement Terms: Comments/Specific Provision in Agreement Term (Duration of Agreement) N/A Termination Clause Bid standard term Renewal Clause N/A Insurance Bid standard term Indemnification Bid standard term Assignment #8 Disclaimers Non-Discrimination Policy Bid term Inspector General Provision #9 FL. Public Records Provision (2016) #6 Governing Law FL Venue PBC Attorney’s fees None Waiver of Jury trial None Business Principles: Comments Fees: Total Value $36,375.00 Fees: Per Fiscal Year Other Issues: Comments Non-Negotiable Issues/ Miscellaneous Issues/ Special Considerations agreement acquire 4 vehicle lifts Consistent with applicable policies including, but not limited to, Procurement policies. Yes Attorney: /s/Janice Rustin Reviewed and approved as to form and legal sufficiency only City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-459,Version:1 TO: Mayor and Commissioners FROM: Dale S. Sugerman, Ph.D. Assistant City Manager THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 AWARD OF AN AGREEMENT WITH CDM SMITH FOR CITY-WIDE PROJECT MANAGEMENT SERVICES Recommended Action: Motion to Award a one year Agreement with CDM Smith, Inc. in an annual not-to-exceed amount of $250,000 for city-wide project management services. Background: On July 8, 2016, the City issued a Request for Qualifications for City-wide Project Management Services for the Environmental Services Department (RFQ No. 2016-111C). On October 18, 2016, City Commission approved the ranking of firms and authorized staff to negotiate an Agreement with CDM Smith, Inc. for these services. The number and scope of projects during the Agreement term cannot be fully identified at this time and may change as City needs evolve. Spend will be based upon the actual number of projects assigned to CDM Smith and payments to the firm will be only for services rendered. The Agreement includes four, one-year options to renew. Based upon the anticipated projects during the agreement term, staff is requesting approval of an annual not-to- exceed amount of $250,000. This recommendation complies with the City Code of Ordinances, Section 36.02 (A)(2), "Request for Proposals, Requests for Qualifications, Requests for Letters of Interest”. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding for project management services will be included in the budget appropriation for each individual project. Timing of Request: Outsourcing of this service will increase productivity and project completion. City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-459,Version:1 City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ RFP No. 2016-111C 1 | P a g e City-wide Project Management Services AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND CDM SMITH INC. FOR CITY-WIDE PROJECT MANAGEMENT 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 CDM Smith Inc., a Massachusetts corporation, authorized to transact business in the State of Florida, hereinafter referred to as "Second Party," (collectively referred to as the Parties). WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 9, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or the Director of the Delray Beach Environmental Services Department. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Second Party and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In RFP No. 2016-111C 2 | P a g e City-wide Project Management Services 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 The project scope of work and specific services to be performed by Second Party, time of completion, and budget shall be authorized by a Service Authorization. Services shall only be performed by the Second Party after receipt of a fully executed Service Authorization duly executed by the City and the Second Party. The Service Authorization shall include a description of the services required (scope of work); budget cost itemized by labor hours, rates, reimbursable expenses, subcontractor costs and other related costs; and time required to complete the additional service. 2.2 Second Party shall perform all work identified in this Agreement and Exhibit "A", and as further set forth in each Service Authorization. The Scope of Services is a description of Second Party’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 Second Party impractical, illogical, or unconscionable. 2.3 Second Party acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 This Agreement is in full force and effect upon full contract execution by the City of Delray Beach. The term of the Agreement shall be for one (1) year with four (4), 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 Second Party agrees that it shall continue service upon the RFP No. 2016-111C 3 | P a g e City-wide Project Management Services request of the Contract Administrator. The extension period shall not extend for greater than three months beyond the term of the Agreement. The Second Party shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement as amended. The Chief Purchasing Officer shall notify Second Party of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. ARTICLE 4 COMPENSATION 4.1 City will pay Second Party, in the manner specified in Section 4.3, the amount of each Service Authorization for a total not-to-exceed Two Hundred and Fifty Thousand Dollars ($ 250,000.00) for work actually performed and completed pursuant to this Agreement. Second Party acknowledges that this amount is the maximum payable and constitutes a limitation upon City’s obligation to compensate Second Party for its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Second Party’s obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.1.1 Second Party acknowledges that the dollar limitation set forth in Section 4.2.1 is a limitation upon, and describes the maximum extent of, City’s obligation, but does not constitute a limitation, of any sort, upon Second Party’s obligation to incur expenses or perform the services identified in each Service Authorization. 4.1.2 The hourly rate fee to be paid by the City to the Second Party, for all services under this Agreement, shall be in accordance to the Rate Schedule as attached in Exhibit D and incorporated herein. 4.2 METHOD OF BILLING AND PAYMENT 4.2.1 Second Party may submit invoices for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. Second Party shall submit with each invoice a Certification of Payments to Subcontractors and Suppliers (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 form, explaining the good cause why payment has not been made. RFP No. 2016-111C 4 | P a g e City-wide Project Management Services 4.2.2 City shall pay Second Party within thirty (30) calendar days of receipt of Second Party’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 Second Party to comply with a term, condition, or requirement of this Agreement. 4.2.3 Second Party shall pay its subcontractors and suppliers within thirty (30) days following receipt of payment from City for such subcontracted work or supplies. If Second Party 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. 4.3 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. 4.4 Payment shall be made to Second Party at: CDM Smith, Inc. P.O. Box 100902 Atlanta, GA 30384-0902 ARTICLE 5 INDEMNIFICATION Second Party shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Second Party, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Second Party shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall RFP No. 2016-111C 5 | P a g e City-wide Project Management Services survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Second Party under this Agreement may be retained by City until all of 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 Second Party shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit C, 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, Second Party’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 Second Party is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Second Party provides a false certification submitted pursuant to Section 287.135, Florida Statutes.This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the “NOTICES" section of this Agreement except that notice of termination by the City Manager, RFP No. 2016-111C 6 | P a g e City-wide Project Management Services 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, Second Party shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Second Party acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Second Party, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Second Party shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 NON-DISCRIMINATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Second Party to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Second Party shall 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. Second Party shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Second Party shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Second Party shall take affirmative steps to prevent discrimination in employment against disabled persons. RFP No. 2016-111C 7 | P a g e City-wide Project Management Services By execution of this Agreement, Second Party represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Second Party all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 9 MISCELLANEOUS 9.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Second Party grants to City a non- exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Second Party, whether finished or unfinished, shall become the property of City and shall be delivered by Second Party to the Contract Administrator within eight (8) days of termination of this Agreement by either party. Any compensation due to Second Party 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 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 RFP No. 2016-111C 8 | P a g e City-wide Project Management Services 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. v.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. 9.3 INSPECTOR GENERAL. Second Party is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Second Party and its sub licensees and lower tier sub licensees. Second Party understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Second Party or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Second Party and its subcontractors that are related to this Project. Second Party and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Second Party and its subcontractors shall be RFP No. 2016-111C 9 | P a g e City-wide Project Management Services kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Second Party 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. Second Party 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 Second Party's compensation under this Agreement is based upon representations supplied to City by Second Party, and Second Party certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 9.6 PUBLIC ENTITY CRIME ACT Second Party represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and 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. RFP No. 2016-111C 10 | P a g e City-wide Project Management Services In addition to the foregoing, Second Party further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a “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 Second Party has been placed on the convicted vendor list. 9.7 INDEPENDENT CONTRACTOR Second Party is an independent contractor under this Agreement. Services provided by Second Party pursuant to this Agreement shall be subject to the supervision of Second Party. In providing such services, neither Second Party nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Second Party or Second Party’s agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFICIARIES Neither Second Party nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 C/o City Manager RFP No. 2016-111C 11 | P a g e City-wide Project Management Services For Second Party: Suzanne E. Mechler, P.E. CDM Smith Inc. 621 NW 53rd Street, Suite 265 Boca Raton, FL 33487 9.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Second Party shall not subcontract any portion of the work required by this Agreement, except as may specifically provide for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Second Party of this Agreement or any right or interest herein without City's written consent. Second Party represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Second Party shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Second Party's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to ordinary care and skill used by members of Second Party’s profession practicing under similar conditions at the same time and in the same locality. 9.11 CONFLICTS Neither Second Party nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Second Party’s loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Second Party’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 Second Party is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse RFP No. 2016-111C 12 | P a g e City-wide Project Management Services or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Second Party or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Second Party is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Second Party shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Second Party. 9.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 COMPLIANCE WITH LAWS Second Party shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Second Party elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 9.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language RFP No. 2016-111C 13 | P a g e City-wide Project Management Services 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 RFP No. 2016-111C 14 | P a g e City-wide Project Management Services JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 9.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Second Party or others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 9.21 PAYABLE INTEREST 9.21.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Second Party waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 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. RFP No. 2016-111C 15 | P a g e City-wide Project Management Services 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 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. 2016-111C, City-Wide Project Management Services, dated August 10, 2016, and all its addenda; C. Second Party’s response to RFP No. 2016-111C, City-wide Project Management Services, and any subsequent information submitted by Second Party during the evaluation and negotiation process. (The remainder of this page is intentionally left blank.) RFP No. 2016-111C 16 | P a g e City-wide Project Management Services IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Board, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the _____ day of _________________, 20__, and Second Party, signing by and through its _________________________, duly authorized to execute same. ATTEST:CITY OF DELRAY BEACH, FLORIDA _______________________________ City Clerk By____________________________ Cary D. Glickstein, Mayor ____ Day of ______________, 20___. APPROVED AS TO FORM: _______________________________ R. Max Lohman, Interim City Attorney RFP No. 2016-111C 17 | P a g e City-wide Project Management Services AGREEMENT BETWEEN DELRAY BEACH, FLORIDA AND CDM SMITH INC. SECOND PARTY By______________________________ WITNESS: (Signature) ______________________________ ____________________________ (Printed name, Title) (Signature) ____ Day of ______________, 20___ ____________________________ (Printed name) WITNESS: ____________________________ (Signature) ____________________________ (Printed name) (SEAL) RFP No. 2016-111C 18 | P a g e City-wide Project Management Services EXHIBIT A SCOPE OF SERVICES 1.Scope: The Successful Proposer (hereinafter in this Scope of Services referred to as Consultant) shall provide Program and Project Management Consulting Services to act as an extension of City staff with the primary role of managing and administering multiple capital improvement projects (CIP). The Consultant will support and advise the City in project related matters, oversee the work of other consultants; coordinate and communicate with City staff, local governmental and non-governmental agencies. The Consultant will provide a full range of services, including assistance with development of project procurement; and management of capital projects. The Consultant shall also provide assistance with contract administration and oversight of contractors and project engineers for capital projects. Specific tasks identified in the Scope of Services include review of City contracts and neighborhood revitalization and sustainability initiatives. 2.Inclusive Scope of Services: The City and Consultant acknowledge that the services, as described herein, do not delineate every detail and minor work task required to be performed by the Consultant to complete the work and/or services described in the scope of work of each Service Authorization. Any ancillary services that may be required or necessary shall be deemed to be included in the Scope of Services. 3.Additional Services: As authorized by the City, the Consultant may provide additional services and functions including, but not limited to: A. Public outreach involvement and communication services. B. Planning level support for capital projects. C. Additional technical support for capital projects (including constructability and value engineering reviews). D. Construction inspection reviews. 4.Service Authorization: Any additional services shall only be performed by the Consultant after receipt of a fully executed Service Authorization duly executed by the City. The Service Authorization shall include a description of the additional services required; an hourly fee and not to exceed amount; reimbursable expenses (if any) with a not to exceed amount; time required to complete the additional service; and an amended Project Schedule (if applicable). ‘Not to exceed’ is defined as the maximum cumulative hourly fee allowable which the Consultant shall not exceed without additional written authorization. The not to exceed amount is not a guaranteed maximum fee for the additional service. 5.Project Documentation: The Consultant shall establish, maintain and categorize any and all project documents and records pertinent to the services and shall provide the City, upon request, with copies of any and all such documents and/or records. In addition, the Consultant shall provide electronic files to the City upon completion of the project, or termination or expiration of the agreement. 6.Project Managers: Consultant will designate Project Managers to provide the Services under the terms of the RFQ. The Project Managers shall be authorized and responsible to act on behalf of the Consultant with respect to directing, coordinating and administrating all RFP No. 2016-111C 19 | P a g e City-wide Project Management Services aspects of the services. The Project Managers shall not be authorized to execute any amendments to executed agreement. A. Replacement: Consultant may not, without advanced written notification and consent of the City, reassign or replace the Project Managers or any member of the Consultant’s team assigned to the City. Replacement of Project Managers or any other personnel shall be subject to the advanced written approval of the City, which shall not be unreasonably withheld or delayed. City shall at all times have the right to approve the specific Consultant employees performing work on City projects. City, in its sole discretion, shall have the right to require Consultant to substitute or remove any Consultant employee from a project if such employee’s conduct or performance is detrimental to the project. Removal or replacement of the Project Managers or other team member without the prior written consent of the City may be considered default of the terms and conditions of the Agreement. B. As Needed Basis: Project Managers shall provide services on an as needed basis. Consultant shall acknowledge and agree the Consultant’s Project Managers may be required to provide services outside of normal working hours in order to monitor progress of a contractor’s and/or engineer’s work. Consultant acknowledges and agrees that any costs associated with such scheduling requirements will be incorporated into fees/hourly billing rates as negotiated. C. Location: The local office for Consultant’s Project Managers must be in the corporate office located in City of Boca Raton 621 NW 53rd Street, Suite 265 Boca Raton Florida, 33487. Project Managers and/or team will travel as necessary for project related duties. D. Working Relationships: Consultant and Project Managers shall use reasonable professional efforts to maintain a constructive, professional, cooperative, working relationship with City staff, contractors, engineer and any other individuals and/or firms that have been contracted, or otherwise retained, by the City to work on projects. E. No Authorization: Neither the Consultant or Project Managers is authorized to do the following: i. Expedite the work for the contractor(s). ii. Advise the contractor(s) on building techniques or scheduling. iii. Get involved in disputes or problem between contractor(s) and sub- contractor(s). iv. Provide final design services for any project. 7.COMPLETION SCHEDULE: A. Schedule - Consultant agrees to complete its Project Management Services and provide the indicated deliverables in accordance with the schedule established for each such project as indicated in the applicable Service Authorization. Consultant acknowledges and agrees that time is of the essence in the completion of the Services required under each Service Authorization. RFP No. 2016-111C 20 | P a g e City-wide Project Management Services B. Delay - Consultant acknowledges responsibility for any delay damages suffered by the City to the extent it is the sole result of Consultant's negligent, reckless or intentional wrongful actions or inactions. In the event that the City suffers suffer actual delay damages solely as a result of Consultant aforesaid actions or inactions, the City, in its sole discretion, said discretion to be exercised reasonably and in good faith, shall have the right and be entitled to terminate this Agreement upon thirty (30) day's written notice and such termination shall not be construed to constitute a breach by the City. Consultant shall have fifteen (15) days to cure the delay, or provide a recovery schedule or mitigation plan to the City. 8.CONSULTANT SERVICES FEE & EXPENSES: A. Fee Schedule: The fee to be paid by the City to Consultant, for all Consultant services of Consultant and administrative reimbursements shall be set forth in a detailed Fee Schedule as negotiated. B. Additional Services: The fee to be paid by the City to Consultant, for all Project Management Services of Consultant and any of its subcontractors and administrative reimbursements for service authorizations issued for "Additional Services" shall be set forth in a detailed Fee Schedule attached to such work authorization. The work authorization Fee Schedule shall detail estimated hours by position category for each phase of Services. All reimbursable expenses and costs, including administrative expenses, documents production, travel, etc., shall be detailed in the work authorization Fee Schedule. All reimbursable expenses and costs, including administrative expenses, documents, production, travel, etc. shall be detailed in the Fee Schedule. C. Price Escalation/De-Escalation: Pricing submitted in response to this RFQ will be valid for the initial one-year term of the Agreement. Thereafter, on an annual basis prior to exercising any renewal option, requests for escalation in pricing must be submitted to the City for evaluation and will be no greater than the Bureau of Labor Statistics, Employment Cost Index price increase for the most recent twelve month period (Private Industry Workers, Total Compensation, Management, professional and related occupations, Service producing, U.S. workers, Not Seasonally Adjusted, Series ID CIU201S000100000A). The City, at its sole discretion, may request any de-escalation in price during the applicable twelve-month period. D. Fees: The fee for the project/service authorization(s) shall not exceed the total amount shown on the applicable Fee Schedule (Exhibit D). The fee may be adjusted, if necessary, by a written amendment to applicable service authorization, duly approved and executed by Consultant and City, provided the City's budget includes, or is adjusted to include, the entire fee. The fee shall be the sole compensation paid to Consultant. The fee and Fee Schedule shall include all fees or payments that Consultant proposes to pay or make to any subcontractors and vendors under the work authorization, unless amended. E. Administrative and Travel Expenses: The Fee and Fee Schedule shall include all RFP No. 2016-111C 21 | P a g e City-wide Project Management Services administrative out-of-pocket expenses to be reimbursed by the City under the Service Authorization. Administrative expenses charged to the City will be credited with all rebates, refunds, or dividends, as well as a proportion of any volume rebates or credits earned with the purchase of materials, goods or services charged to administrative expenses. Consultant shall maintain complete and accurate documentation underlying all of its invoiced out of pocket expenses, including copies of paid receipts, invoices, or other documentation acceptable to the City. Such documentation shall be sufficient to establish that the expenses were actually incurred and necessary in the performance of the Consultant services. Any agreed travel, per diem, mileage, meals, or lodging expenses, the cost of which are subject to the City's prior written approval, shall be paid in accordance with the rates and conditions established by the City's Travel Policy or the applicable law or ordinance. F. Subcontracts: Sub-contractual services may be invoiced at the actual sub-consultant fees paid by Consultant plus ten (10%) percent for administrative costs. G. Invoices: Consultant may invoice for services on a monthly basis. Consultant shall invoice the project and each service authorization separately. Invoices must identify the PO number and Contract number, and the Project or service authorization number. Invoices shall be submitted directly to: City of Delray Beach, FL, Accounts Payable 100 N.W. 1st Avenue Delray Beach, FL 33444 Invoices shall show the name and actual hours worked of the person performing services, Professional Service performed and/or deliverable provided, hourly rate, and date of service. Invoices requesting reimbursement of expenses shall include copies of all documentation of the expenses, to the satisfaction of the City. H. Payment: Fees shall be paid upon receipt of a accurately itemized invoice from Consultant, and in accordance with any compensation and payment schedule agreed for each specific project service authorization. Payment of invoices will be made in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes, as amended, which provides for prompt payment, interest payments, a dispute resolution provided detailed invoices are submitted in compliance with the terms of the Agreement. No payment made under the Agreement shall be conclusive evidence of the performance of the Agreement by Consultant, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Consultant of liability for any defective, faulty or incomplete rendition of the Consultant services. I.Final Invoice: In order for both parties to close their books and records, Consultant RFP No. 2016-111C 22 | P a g e City-wide Project Management Services shall submit its final invoice for the Project, and for each service authorization issued, no later than four (4) months after completion of all Consultant Services for said Project/service authorization. Consultant shall clearly indicate "Final Invoice" on its final invoice(s). Such indication shall certify to the City that all services have been properly performed and all charges and costs owed have been invoiced to the City. Any requests for reimbursement or fee payment, if not properly included on the final invoice or not submitted within four months of completion of Consultant Services, are waived by Consultant. 9.TERM: The Agreement shall commence as of the date of full execution and shall expire one (1) year from the date of full execution, subject to the renewal and termination provisions. The Agreement expiration date may be extended annually for up to four (4) additional years at the sole option of the City. Any term extension shall be evidenced by a formal written amendment to this Agreement, duly executed by City and Consultant. 10.SERVICE AUTHORIZATIONS: No service authorizations shall be issued after the expiration of the Agreement. It is agreed that the indemnity provisions, insurance provisions, the right to audit and all covenants, agreements, representations and warranties made in the Agreement or otherwise made in writing by the Consultant, including but not limited to any representations made relating to disclosure or ownership of documents, shall survive the expiration or termination of the Agreement. 11.REPRESENTATIONS OF THE CONSULTANT: A. Authority: Consultant hereby represents to the City that it has full power and authority to enter into and fully perform its obligations without the need for any further corporate or governmental consents or approvals, and that the person that will execute the Agreement are authorized to · execute and deliver it. B. Duly Licensed: Consultant represents that it is duly licensed to perform the Project Management Services under this RFQ and that it will continue to maintain all licenses and approvals required to conduct its business. Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. C. Applicable Laws: Successful Consultant represents to City that it is knowledgeable of applicable Federal, State, and local laws codes, rules and regulations, including, without limitation, applicable Florida Statutes, and State of Florida codes, rules and regulations, and local (City and Palm Beach County) ordinances, codes, and rules and regulations (collectively, Applicable Laws) and that Consultant and Project Manager are experienced, fully qualified, and properly licensed pursuant to all applicable laws to perform the Services. As they relate to the Services and to the Project, the Consultant RFP No. 2016-111C 23 | P a g e City-wide Project Management Services agrees to comply with all such Applicable Laws, whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. The Consultant agrees to maintain in full force and affect all such required licenses, certificates, approvals, and permits throughout the Term of the Agreement. D. No Solicitation: Consultant represents that it shall not employ or retain any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure an Agreement with the City, and that it shall not pay or agree to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of an Agreement with the City. In the event of a breach or violation of this provision by the Consultant, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. E. Standard of Care: The standard of care for all Project Management Services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under similar circumstances. 12.RESPONSIBILITIES OF THE CITY: Designation of Representative: The City agrees to designate a single point of contact for Consultant's Project Manager, provided that such representative shall not have the authority to amend or modify the Agreement. Such person shall have complete authority to transmit instructions, receive information and interpret and define the policies and decisions of the City with respect to Consultant's Services. 13.DOCUMENTS: A. Ownership of Documents: All documents, electronic transmissions, photographs, videos, illustrations, presentations. computer files and/or studies or reports first prepared or obtained under the Agreement of this RFQ, as well as all data collected, together with summaries and charts derived therefrom, regardless of form or format, will be considered works made for hire and will become the exclusive property of the City without restriction or limitation on their use and will be made available, upon request, to the City at any time during the performance of the Services and/or upon completion or termination of the Agreement. Upon delivery to the City of said document(s), the City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. Consultant will not copyright any material and products or patent any invention developed under this Agreement. Consultant specifically waives and releases all rights which Consultant may have in the materials, products or invention pursuant to 17 U.S.C. §§106A and 113(d). Consultant acknowledges and affirms that pursuant to 17 U.S.C. §106A(e) such waiver and release shall be effective as to any and all uses foreseeable and unforeseeable for which such materials, products or invention might be subject. Consultant waives and assigns to City all copyrights under 17 U.S.C. §101, et seq., and all other rights in the materials, products, invention and any work produced. Any reuse of Consultant's prepared documents by the City, except for the specific purpose intended under this Agreement, will be at City's sole risk and without liability or legal exposure to Consultant or its sub-consultant. Notwithstanding any provision to the contrary contained in this Agreement, Consultant shall retain sole ownership to its RFP No. 2016-111C 24 | P a g e City-wide Project Management Services preexisting information including but not limited to computer programs, software, standard details, figures, templates and specifications. B. Project Documentation: Consultant shall establish, maintain, and categorize any and all Project documents and records pertinent to the Services and shall provide the City, upon request, with copies of any and all such documents and/or records. In addition, Consultant shall provide electronic document files to the City upon completion of the Project, or the termination or expiration of the Agreement. When transferring data in electronic media format, Consultant makes no representation as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Consultant at the beginning of the Project. Because the data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. Consultant shall not be responsible to maintain documents stored in electronic media format after acceptance by City. The original hard copy of the documents containing the professional engineer's seal shall take precedence over the electronic documents. C. Obligation to Furnish Documents to the City: Consultant shall deliver to the City for approval and acceptance, and before being eligible for final payment of any amounts due under this Agreement, all documents and materials prepared for the City in connection with the Agreement. 14.PERSONNEL, STAFFING, SUB-CONSULTANTS: A. Independent Contractor Relationship: All persons employed by Consultant and engaged in any of the work or Services performed by Consultant pursuant to the Agreement shall at all times be subject to Consultant's sole direction, supervision, and control. Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects Consultant's relationship and the relationship of its employees to the City shall be that of an independent contractor and not as employees of the City. Consultant does not have the power or authority to bind the City in any promise, agreement or representation other than as may be specifically provided for in the Agreement. Consultant shall be responsible to the City for all Consultant Services or work performed by Consultant or any person or firm engaged as a sub-consultant or subcontractor to perform work in fulfillment of the Agreement. B. Personnel: Consultant represents that its’ Project Manager and all key staff identified in Consultant's Proposal shall remain assigned to the Project, unless otherwise specifically agreed by the City. All personnel engaged in performing the Services shall be fully qualified and, if required, licensed or permitted under all applicable federal, state and local laws and regulations to perform such services. Consultant specifically acknowledges that its employees will not be covered by the City’s workers' RFP No. 2016-111C 25 | P a g e City-wide Project Management Services compensation insurance and Consultant will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid by the City to Consultant. C. Selection of Sub-Consultants: Consultant shall obtain the prior written approval of the City as to each proposed sub-consultant and the City reserves the right to reject the selection of a particular sub-consultant and to inspect all facilities of any sub- consultant in order to make a determination as to the capability of the sub-consultant to perform properly under the Agreement. If it becomes necessary to replace a particular sub-consultant to complete its part of the services, Consultant shall promptly do so, subject to prior written approval and acceptance of the new- sub-consultant by the City, which approval shall not be unreasonably withheld D. Non-Discrimination by Consultant: The Consultant represents that all of its employees and applicants for employment are treated equally without regard to race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status or sexual orientation, and that in providing services, Consultant does not discriminate with regard to any of the aforementioned factors. E. Right to Audit: Consultant shall maintain (a) timesheets kept in a clear and orderly fashion used to substantiate the monthly invoices to be submitted (b) adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Services, as well as copies of communications regarding the performance of its obligations, for at least five (5) years after the date of final payment made under the Agreement or the final conclusion of any litigation regarding the Agreement. The City shall have access to such timesheets, books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at Consultant’s place of business located in the State of Florida during the term hereunder and for at least five (5) years after the date of final payment of the Agreement. Consultant shall allow the City or its representative to interview all current or former employees to discuss matters pertinent to this Agreement. If an audit inspection in accordance with this section discloses overpricing or overcharges (of any nature) by Consultant to the City in excess of one-half of one percent (0.5%) of the total contract billings; (1) the reasonable costs of the City's Internal Audit department shall be reimbursed to the City by the Consultant and (2) a 15% penalty of the overpricing or overcharges shall be assessed. Any adjustments and/or payments which must be made as a result of the audit inspection, including any interest, audit costs and penalties shall be made by the Consultant within 45 days from presentation of City's findings to Consultant. Failure by Consultant to permit such audit shall be grounds for termination of Agreement by the City. [Remainder of page intentionally left blank] RFP No. 2016-111C 26 | P a g e City-wide Project Management Services EXHIBIT B CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS RFP/RFQ/Bid/Contract No. _______________ 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) RFP No. 2016-111C 27 | P a g e City-wide Project Management 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) RFP No. 2016-111C 28 | P a g e City-wide Project Management Services EXHIBIT C INSURANCE REQUIREMENTS The Second Party shall supply certificates of insurance for the coverages below. The certificates of insurance must be received and approved by the City Risk Manager within 10 days of the execution of the Agreement. Selected 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.Commercial General Liability Insurance: with limits of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The Commercial General Liability insurance must include coverage’s for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and Contractual Exclusions removed. D.Professional Liability Insurance: with limits of not less than one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in aggregate. 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. The City of Delray Beach shall be an additional insured on the Commercial General Liability policy. The Second Party 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 Department located at 100 N.W. 1st Ave., Delray Beach, FL 33444. RFP No. 2016-111C 29 | P a g e City-wide Project Management Services EXHIBIT D RATES Direct Labor Billing category Hourly Rate Program Manager/Officer $220.00 Principal/Associate $195.00 Senior Professional/ Project Manager $180.00 Construction Senior Professional $175.00 Senior GIS Specialist $170.00 Project Controls Specialist $160.00 Construction Field Services $140.00 Senior Support Services $140.00 Construction Professional $120.00 Professional II $120.00 Project Administration $115.00 Staff GIS Specialist $100.00 Professional I $100.00 Billing rates shown were calculated on a blended basis to achieve a multiplier of 3.0 Billing rates shown are valid for Year 1 of the contract Subcontractors: Tobon Engineering (Advisor Services, Maurice Tobon)$190.00 The Merchant Strategy (Public Outreach) Senior Consultant $165.00 Staff Consultant $120.00 A 10% markup will apply to subcontractor invoices. Billing rate above excludes markup. City-Wide Project Management Project List Below are the current known projects that are anticipated for city-wide project management services in 2017. 1. Design management and/or construction management for: a. Roadway Reconstruction b. General Civil Infrastructure (water, sewer, reclaimed water, drainage, pavement, utilities, etc.) c. Facilities d. Complete neighborhood rehabilitation/beautification e. Master planning (Parks & Recreations) f.Water distribution systems g. Water treatment plant 2. Special projects management associated with ESD operations City-wide Project Management Services RFQ No. 2016-111C August 2016 ORIGINAL QUALIFICATIONS T a b l e o f C o n t e n t s Table of Contents iCity of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Table of Contents Table of Contents .....................................................................................................................................i Chapter 1: Letter of Intent ......................................................................................................................1 Certificate of Authority to Sign ......................................................................................................................................................3 Proposer’s Submittal Signature Page Chapter 2: Proposer’s Statement of Organization (Section 2, Item 1) ......................................................5 1 Proposer’s Statement of Organization .....................................................................................................................................5 1.A Legal Contracting Name ...................................................................................................................................................................................................5 1.B State of Organization or Incorporation .........................................................................................................................................................................5 1.C Ownership Structure of Proposer’s Company ..............................................................................................................................................................5 1.D Federal Identification Number ........................................................................................................................................................................................5 1.E Contact Information for Proposer’s Corporate Headquarters..................................................................................................................................5 1.F Contact Information for Proposer’s Local Office ..........................................................................................................................................................5 1.G Officers, Owners, and/or Partners, or managers of the Firm ...................................................................................................................................5 1.H Proposer’s Primary Contact Representative .................................................................................................................................................................6 1.I Proposer’s Secondary Contact Representative ..............................................................................................................................................................6 Chapter 3: Public Entity Form, Drug Free Workplace Form, Conflict of Interest Form ...............................7 Chapter 4: Acknowledgement of Addenda Form ....................................................................................9 Chapter 5: Response Requirements (Section 2, Item 2A) .......................................................................11 2A Minimum Qualification Requirements ................................................................................................................................11 2A.I Registered with the State of Florida Division of Corporations .............................................................................................................................11 2A.II Qualifications of Project Manager .............................................................................................................................................................................11 2A.III Mandatory Pre-solicitation Conference ..................................................................................................................................................................11 Chapter 6: Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) ................................................13 2B Experience and Background of Proposer .............................................................................................................................13 2B.I Proposer Background .....................................................................................................................................................................................................13 2B.II Experience in Providing Construction Project Management Services ..............................................................................................................13 2B.III Detailed Narrative of Proposers Overall Background and Experience ............................................................................................................14 2B.IV Detailed Narrative of Proposers Specific Experience ...........................................................................................................................................19 2B.V Client References ............................................................................................................................................................................................................21 2C Experience and Background of Proposer’s Key Personnel ...............................................................................................24 2C.I Detailed Narrative of Key Personnel ...........................................................................................................................................................................24 2C.II Projects Proposed Team Members Have Been Involved In ...................................................................................................................................29 2C.III Experience of Proposed Project Manager ...............................................................................................................................................................40 2C.IV Team Members Resumes ............................................................................................................................................................................................41 2D Approach & Capacity ...............................................................................................................................................................42 2D.I Proposed Approach and Methodology for Project Management Services ......................................................................................................42 2D.II Proposed Approach and Methodology for Engaging With City Representatives ..........................................................................................43 2D.III Overall Approach to Delivering the Scope of Services and Any Strategies Proposer Proposes to Implement .......................................45 2D.IV Working Knowledge and Understanding of the Scope of Services ..................................................................................................................46 2D.V Brief Summary of All Current and Future Anticipated Projects ..........................................................................................................................47 2D.VI Details and Breadth of Disciplines, Expertise, and Technical Support Available ..........................................................................................49 Table of Contents | ii City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C 2E Organizational Structure .........................................................................................................................................................54 2E.I Names, Titles, And Roles Of All Personnel Proposed ...............................................................................................................................................54 2E.II Organizational Charts ..................................................................................................................................................................................................54 2F Location .......................................................................................................................................................................................57 2F.I Location Of Primary Services ........................................................................................................................................................................................57 2F.II Location Of The Individual Proposed As The Lead .................................................................................................................................................57 Chapter 7: Evidence of Insurance ....................................................................................................................79 C h a p t e r 1 : L e t t e r o f I n t e n t 1CH A P T E R Letter of Intent August 10, 2016 City of Delray Beach, City Hall Lobby 100 NW 1st Avenue Delray Beach, FL 33444 Subject: City-wide Project Management Services Request for Qualifications (RFQ) No. 2016-111C Dear Selection Committee Members: The City of Delray Beach (City) is requesting the services of a consultant to act as an extension of City staff with the primary role of managing and administering multiple projects from inception to construction completion. CDM Smith Inc. has a strong and proven history of providing project management consulting services to clients throughout Florida, the nation, and worldwide. We have highlighted our understanding of the services to be provided and the required experience to meet these needs in Chapter 6. Essential to this project success is a well-rounded project manager with access to significant resources— and a commitment to the City. Our team offers the City the following benefits: We have a long-standing commitment to the local community. We are a local firm with national expertise. At only six miles away, we are proud to be a long-standing member of the business community and a stakeholder in the local community. For over 25 years, CDM Smith has worked for various municipalities in South Florida on a range of projects including water supply, stormwater, reclaimed water, streetscapes, lift stations, underground utility improvements, neighborhood revitalization, permitting, construction services and inspections, grant funding, and public relations. Our “right-sized” staffing approach will support immediate integration and drive cost efficiencies. We will begin by listening to the City with open dialogue to identify management needs for the significant number of design and construction projects upcoming, and sharing our experiences on effective approaches taken to maintain budget and schedule. We will utilize the level of service standards (LOS) established by the City Departments and partner with the City to implement projects quickly and efficiently to repair the deteriorating infrastructure. With a thorough understanding of the prioritized projects, we will support the City in streamlining project implementation and moving the projects forward. An experienced, local senior project manager providing trusted and proven leadership. We have a dedicated core program team. José A. Rodriguez, PE will serve as the senior project manager for the City. Having recently finished working on the Puerto Rico Aqueduct and Sewer Authority (PRASA) Capital Improvements Program consulting contract, José is 100 percent available and committed to the City to quickly execute projects. He has successfully managed several multi- million dollar projects; is knowledgeable in the full portfolio of plants, pipelines, lift stations, and streets; and has effectively interacted with environmental agencies, government officials, and stakeholder groups. José will be supported by program and process advisor, Maurice Tobon, PE, PMP of Tobon Engineering, who will support the City’s desire to influence change in processes and implementation strategies. Our team will bring the technical resources to support project management for deferred maintenance program aspects. We are industry leaders in all areas of neighborhood revitalization; roadway and streetscape construction and rehabilitation; sewer and stormwater rehabilitation; and water and reclaimed water treatment, collection and distribution systems. We bring the City recognized experts including John S. Chandler, a construction management specialist with 33 years of experience including roadway and neighborhood revitalization projects in South Florida, and Yanice I. Mercado, PE, bringing a strong background in infrastructure project management with a focus on public outreach. John and Yanice will assist José in construction management and the neighborhoods, streets, and parks program revitalization efforts, as needed. We acknowledge receipt of Addendum #1 and #2, and attended the mandatory Pre-proposal Conference on July 21, 2016. Further, I, Suzanne E. Mechler, PE, BCEE, am the primary person responsible for the project and authorized to bind the firm as evidenced by the Certificate included following this letter of intent. Additional information about our firm can be found on our website at cdmsmith.com. If you require any additional information, please contact me at 561.339.3933 or mechlerse@ cdmsmith.com. Sincerely, Suzanne E. Mechler, PE, BCEE José A. Rodriguez, PE Principal | CDM Smith Inc. Senior Project Manager | CDM Smith Inc. 621 NW 53rd Street, Suite 265 Boca Raton, FL 33487 tel: 561-571-3800 2 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C This page left intentionally blank. 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 RFQ 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) re me CDM Smith Inc. August 10, 2016 Suzanne E. Mechler, PE, BCEE; Principal CDM Smith Inc. 621 NW 53rd Street, Suite 265, Boca Raton, FL 33487 Same as Above 561.571.3800 561.241.7084 mechlerse@cdmsmith.com 04-2473650 C h a p t e r 2 : P r o p o s e r ’ s S t a t e m e n t o f O r g a n i z a t i o n ( S e c t i o n 2 , I t e m 1 ) CH A P T E R 2 Proposer’s Statement of Organization (Section 2, Item 1) 5City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Chapter 2 Proposer’s Statement of Organization (Section 2, Item 1) 1 Proposer’s Statement of Organization 1.A LEGAL CONTRACTING NAME CDM Smith Inc. 1.B STATE OF ORGANIZATION OR INCORPORATION CDM Smith was incorporated in the Commonwealth of Massachusetts. 1.C OWNERSHIP STRUCTURE OF PROPOSER’S COMPANY CDM Smith is a privatley held corporation. 1.D FEDERAL IDENTIFICATION NUMBER CDM Smith’s Federal Identification Number is 04-2473650. 1.E CONTACT INFORMATION FOR PROPOSER’S CORPORATE HEADQUARTERS CDM Smith Inc. 75 State Street, Suite 701 Boston, MA 02109 Tel: 617.452.6000 1.F CONTACT INFORMATION FOR PROPOSER’S LOCAL OFFICE 621 NW 53rd Street, Suite 265 Boca Raton, FL 33487 Tel: 561.571.3800 1.G OFFICERS, OWNERS, AND/OR PARTNERS, OR MANAGERS OF THE FIRM CDM Smith has developed a corporate structure which places project management capabilities in each local office, and retains production engineers and discipline experts in design centers located across the country. This allows CDM Smith to draw upon the full corporate resources of our firm wide practices to staff our projects with the best qualified people. Linked by a state-of-the-art computer network, staff located throughout the firm have the ability to provide our clients with personal service on a local basis, while quickly drawing upon the technical expertise of national resources throughout CDM Smith. Table 1.G-1 lists our corporate management structure, as well as our local principal-in-charge. Ms. Mechler, out of our Boca Raton office, will work directly with the City, responsible for overall client satisfaction and contract negotiations. Table 1.G-1: List of Officers, Owners/Partners, or Managers Name Title Telephone Address Stephen J. Hickox, PE*, BCEE Chairman/Chief Executive Officer 617.452.6000 75 State Street, Suite 701, Boston, MA 02109 Timothy B. Wall President and Chief Operating Officer 617.452.6000 75 State Street, Suite 701, Boston, MA 02109 Thierry Desmaris Executive Vice President 617.452.6000 75 State Street, Suite 701, Boston, MA 02109 Mario J. Maraccio Secretary 617.452.6000 75 State Street, Suite 701, Boston, MA 02109 Kevin C. Leo, PE, BCEE Vice President 561.571.3800 621 NW 53rd Street, Suite 265, Boca Raton, FL 33487 Suzanne E. Mechler, PE, BCEE Principal 561.571.3800 621 NW 53rd Street, Suite 265, Boca Raton, FL 33487 * PE in state other than Florida Chapter 2 | Proposer’s Statement of Organization (Section 2, Item 1) 6 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C 1.H PROPOSER’S PRIMARY CONTACT REPRESENTATIVE Name: Mr. José A. Rodriguez, PE Phone: 561.571.3800 E-mail: rodriguezja@cdmsmith.com Mailing Address: 621 NW 53rd Street, Suite 265 Boca Raton, FL 33487 1.I PROPOSER’S SECONDARY CONTACT REPRESENTATIVE Name: Ms. Suzanne E. Mechler, PE, BCEE Phone: 561.571.3800 E-mail: mechlerse@cdmsmith.com Mailing Address: 621 NW 53rd Street, Suite 265 Boca Raton, FL 33487 C h a p t e r 3 : P u b l i c E n t i t y F o r m , D r u g F r e e W o r k p l a c e F o r m , C o n f l i c t o f I n t e r e s t F o r m CH A P T E R Public Entity Form, Drug Free Workplace Form, Conflict of Interest Form 3 7City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Chapter 3 Public Entity Form, Drug Free Workplace Form, Conflict of Interest Form Per the City’s Request for Qualifications (RFQ), we have included a completed Public Entity Crimes Form; Drug Free Workplace Form; and Conflict of Interest Form. Additionally, CDM Smith has implemented a drug free workplace program, and we have included a copy of our Drug Free Workplace Policy following the City’s Drug Free Workplace Form. Moreover, our Company Conflict of Interest Program is also company wide and run by our Office of General Counsel. Every assignment and contract is fully vetted across the organization to ensure there is no personal, organizational, or client conflict of interest. Public Entity Crimes Form Drug Free Workplace Form CDM Smith Drug Free Workplace Policy Conflict of Interest Form Form B - Pu b l i c E n t i t y C r i m e s NOTIFICATION O F P U B L I C E N T I T Y C R I M E S L A W Pursuant to Se c t i o n 2 8 7 . 1 3 3 , Florida Statute s , you are h e r e b y n o t i f i e d t h a t a p e r s o n o r a f f i l i a t e who h a s b e e n p l a c e d o n t h e c o n v i c t e d c o n t r a c t o r s l i s t f o l l o w i n g a c o n v i c t i o n f o r a p u b l i c e n t i t y crime may not s u b m i t a p r o p o s a l o n a c o n t r a c t t o p r o v i d e a n y g o o d s o r s e r v i c e s t o a p u b l i c entity; may n o t s u b m i t a p r o p o s a l o n a c o n t r a c t w i t h a p u b l i c e n t i t y f o r t h e c o n s t r u c t i o n o r r e p a i r of a public bui l d i n g o r p u b l i c w o r k ; m a y n o t s u b m i t p r o p o s a l s o n l e a s e s o r r e a l p r o p e r t y t o a public entity; m a y n o t b e a w a r d e d o r p e r f o r m w o r k a s a c o n t r a c t o r , s u p p l i e r , s u b - P r o p o s e r , o r consultant unde r a c o n t r a c t w i t h a n y p u b l i c e n t i t y ; a n d m a y n o t t r a n s a c t b u s i n e s s w i t h a n y p u b l i c entity in exce s s o f t h e t h r e s h o l d a m o u n t p r o v i d e d i n S e c t i o n 2 8 7 . 0 1 7 [ F . S . ] f o r C a t e g o r y T w o [$35,000.00] fo r a p e r i o d o f t h i r t y - s i x ( 3 6 ) m o n t h s f r o m t h e d a t e o f b e i n g p l a c e d o n t h e c o n v i c t e d contractors li s t . Acknowledged b y : Firm Name Signature Date Printed Name a n d T i t l e City of Delray B e a c h RFQ N o . 2 0 1 6 - x x x Page 33 <title> e meCDM Smith In c . August 10, 201 6 Suzanne E. M e c h l e r , P E , B C E E ; P r i n c i p a l Form C - Drug- F r e e W o r k p l a c e In the event a t i e e x i s t s a t t h e c o n c l u s i o n o f e v a l u a t i o n s , p r e f e r e n c e w i l l b e g i v e n t o t h e s u p p l i e r ( s ) who certifies it h a s a d r u g - f r e e w o r k p l a c e p r o g r a m i n a c c o r d a n c e w i t h S e c t i o n 2 8 7 . 0 8 7 , F l o r i d a Statutes. Th e d r u g - f r e e w o r k p l a c e p r e f e r e n c e i s a p p l i e d a s f o l l o w s : TIE:Whenever two o r m o r e p r o p o s a l s a r e e q u a l w i t h respect to sco r i n g f o r t h e e v a l u a t i o n c r i t e r i a (e.g., price, e x p e r i e n c e , q u a l i t y , s e r v i c e ) a r e r e c e i v e d f o r t h e p r o c u r e m e n t o f c o m m o d i t i e s o r contractual s e r v i c e s , a p r o p o s a l r e c e i v e d f r o m a s u p p l i e r t h a t c e r t i f i e s t h a t i t h a s i m p l e m e n t e d a drug-free wo r k p l a c e p r o g r a m s h a l l b e g i v e n p r e f e r e n c e i n t h e a w a r d p r o c e s s . E s t a b l i s h e d procedures for p r o c e s s i n g a t i e w i l l b e f o l l o w e d i f n o n e o f t h e t i e d s u p p l i e r s h a v e s u b m i t t e d t h i s F o r m C and/or hav e a d r u g - f r e e w o r k p l a c e p r o g r a m . As the perso n a u t h o r i z e d t o s i g n t h i s s t a t e m e n t , I c e r t i f y t h a t t h i s f i r m c o m p l i e s f u l l y w i t h t h e following requir e m e n t s : 1) T h i s f i r m p u b l i s h e s a s t a t e m e n t n o t i f y i n g e m p l o y e e s t h a t t h e u n l a w f u l m a n u f a c t u r e , distribution, d i s p e n s i n g , p o s s e s s i o n , o r u s e o f a controlled s u b s t a n c e i s p r o h i b i t e d i n t h e workplace and s p e c i f y i n g t h e a c t i o n s t h a t w i l l b e t a k e n a g a i n s t e m p l o y e e s f o r v i o l a t i o n s of such proh i b i t i o n . 2) T h i s f i r m i n f o r m s e m p l o y e e s a b o u t t h e d a n g e r s o f d r u g a b u s e i n t h e w o r k p l a c e , t h e business’s p o l i c y o f m a i n t a i n i n g a d r u g - f r e e w o r k p l a c e , a n y a v a i l a b l e d r u g c o u n s e l i n g , rehabilitation, a n d e m p l o y e e a s s i s t a n c e p r o g r a m s , a n d t h e p e n a l t i e s t h a t m a y b e imposed up o n e m p l o y e e s f o r d r u g a b u s e v i o l a t i o n s . 3) T h i s f i r m g i v e s e a c h e m p l o y e e e n g a g e d i n p r o v i d i n g t h e c o m m o d i t i e s o r c o n t r a c t u a l services tha t a r e u n d e r b i d a c o p y o f t h e s t a t e m e n t s p e c i f i e d i n s u b s e c t i o n ( 1 ) . 4) I n t h e s t a t e m e n t s p e c i f i e d i n s u b s e c t i o n ( 1 ) , t h i s f i r m n o t i f i e s t h e e m p l o y e e s t h a t , a s a condition of w o r k i n g o n t h e c o m m o d i t i e s o r c ontractual se r v i c e s t h a t a r e u n d e r b i d , t h e employee will a b i d e b y t h e t e r m s o f t h e s t a t e m e n t a n d w i l l a b i d e b y t h e t e r m s o f t h e statement a n d w i l l n o t i f y t h e e m p l o y e r o f a n y c o n v i c t i o n o f , o r p l e a o f g u i l t y o r n o l o contendere to , a n y v i o l a t i o n o f c h a p t e r 8 9 3 o r o f a n y c o n t r o l l e d s u b s t a n c e l a w o f t h e United State s o r a n y s t a t e , f o r a v i o l a t i o n o c c u r r i n g i n t h e w o r k p l a c e n o l a t e r t h a n f i v e ( 5 ) days after suc h c o n v i c t i o n . 5) T h i s f i r m i m p o s e s a s a n c t i o n o n o r r e q u i r e s t h e s a t i s f a c t o r y p a r t i c i p a t i o n i n a d r u g a b u s e assistance or r e h a b i l i t a t i o n p r o g r a m i f s u c h i s a v a i l a b l e i n t h e e m p l o y e e ’ s c o m m u n i t y , b y any employe e w h o i s s o c o n v i c t e d . 6) T h i s f i r m w i l l c o n t i n u e t o m a k e a g o o d f a i t h e f f o r t t o m a i n t a i n a d r u g - f r e e w o r k p l a c e through imp l e m e n t a t i o n o f t h i s s e c t i o n . Acknowledged b y : Firm Name Signature Date Printed Name a n d T i t l e City of Delray Be a c h RFQ N o . 2 0 1 6 - x x x Page 34 <title> e meCDM Smith Inc . August 10, 201 6 Suzanne E. M e c h l e r , P E , B C E E ; P r i n c i p a l Form D - Co n f l i c t o f I n t e r e s t D i s c l o s u r e The award of t h e a g r e e m e n t i s s u b j e c t t o t h e p r o v i s i o n s o f C h a p t e r 1 1 2 , F l o r i d a S t a t u t e s . A l l Proposers m u s t d i s c l o s e w i t h i n t h e i r P r o p o s a l , t h e n a m e o f a n y o f f i c e r , d i r e c t o r , o r a g e n t w h o i s also an emplo y e e o r r e l a t i v e o f a n e m p l o y e e o f t h e C i t y o f D e l r a y B e a c h . Furthermore, a l l P r o p o s e r s m u s t d i s c l o s e t h e n a m e o f a n y C i t y e m p l o y e e o r r e l a t i v e ( s ) o f a C i t y employee w h o o w n s , d i r e c t l y o r i n d i r e c t l y , a n i n t e r e s t i n t h e P r o p o s e r s f i r m o r a n y o f i t s branches. The purpose o f t h i s d i s c l o s u r e f o r m i s t o g i v e t h e C i t y t h e i n f o r m a t i o n n e e d e d t o i d e n t i f y potential conflic t s o f i n t e r e s t f o r k e y p e r s o n n e l i n v o l v e d i n t h e a w a r d o f t h i s c o n t r a c t . The term “con f l i c t o f i n t e r e s t ” r e f e r s t o s i t u a t i o n s i n w h i c h f i n a n c i a l o r o t h e r p e r s o n a l consideration s m a y a d v e r s e l y a f f e c t , o r h a v e t h e a p p e a r a n c e o f a d v e r s e l y a f f e c t i n g , a n employee’s pro f e s s i o n a l j u d g m e n t i n e x e r c i s i n g a n y C i t y d u t y o r r e s p o n s i b i l i t y i n a d m i n i s t r a t i o n , management , i n s t r u c t i o n , r e s e a r c h , o r o t h e r p r o f e s s i o n a l a c t i v i t i e s . Please check o n e o f t h e f o l l o w i n g s t a t e m e n t s a n d a t t a c h a d d i t i o n a l d o c u m e n t a t i o n i f n e c e s s a r y : To the best o f o u r k n o w l e d g e , t h e u n d e r s i g n e d f i r m h a s n o p o t e n t i a l c o n f l i c t o f i n t e r e s t a s defined in Cha p t e r 1 1 2 , F l o r i d a S t a t u t e s a n d S e c t i o n 2 - 4 4 3 , P a l m B e a c h C o u n t y C o d e o f Ordinances. The undersig n e d f i r m , b y a t t a c h m e n t t o t h i s f o r m , s u b m i t s i n f o r m a t i o n w h i c h m a y b e a potential conflic t o f i n t e r e s t d u e t o o t h e r C i t i e s , C o u n t i e s , c o n t r a c t s , o r p r o p e r t y i n t e r e s t f o r t h i s RFQ. Acknowledge d b y : Firm Name Signature Date Printed N a m e a n d T i t l e City of Delray B e a c h RFQ N o . 2 0 1 6 - x x x Page 35 <title> eCDM Smith Inc. August 10, 2016 Suzanne E. Me c h l e r , P E , B C E E ; P r i n c i p a l ✔ Chapter 3 | Public Entity Form, Drug Free Workplace Form, Conflict of Interest Form 8 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C This page left intentionally blank. 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 RFQ No. 2016-xxx Page 33 <title> e me CDM Smith Inc. August 10, 2016 Suzanne E. Mechler, PE, BCEE; Principal 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 RFQ No. 2016-xxx Page 34 <title> e me CDM Smith Inc. August 10, 2016 Suzanne E. Mechler, PE, BCEE; Principal 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 RFQ. Acknowledged by: Firm Name Signature Date Printed Name and Title City of Delray Beach RFQ No. 2016-xxx Page 35 <title> e CDM Smith Inc. August 10, 2016 Suzanne E. Mechler, PE, BCEE; Principal ✔ C h a p t e r 4 : A c k n o w l e d g e m e n t o f A d d e n d a F o r m CH A P T E R Acknowledgement of Addenda Form 4 9City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Chapter 4 Acknowledgement of Addenda Form Per the City’s Request for Qualifications (RFQ), we have included completed Acknowledgement of Addenda Form in this Chapter. Acknowledgement of Addenda Form Chapter 4 | Acknowledgement of Addenda Form 10 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C This page left intentionally blank. 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 RFQ. 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 City of Delray Beach RFQ No. 2016-xxx Page 36 <title> Signataatattatttttttttaattttttttattttttttttttttuuuure of Proposer’s Agent 1 2 Principal Suzanne E. Mechler, PE, BCEE August 10, 2016 July 26, 2016 August 5, 2016 C h a p t e r 5 : R e s p o n s e R e q u i r e m e n t s ( S e c t i o n 2 , I t e m 2 A ) 5CH A P T E R Response Requirements (Section 2, Item 2A) 11City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Chapter 5 Response Requirements (Section 2, Item 2A) 2A Minimum Qualification Requirements 2A.I REGISTERED WITH THE STATE OF FLORIDA DIVISION OF CORPORATIONS CDM Smith is a private employee-owned full-service consulting, engineering, transportation, construction, and operations firm registered with the State of Florida, Division of corporations to do business in Florida, with over $1.2B in annual revenue. For more than 68 years, we have provided comprehensive services, including program management; stormwater management permitting and planning, and design; environmental engineering and architectural design; transportation; management consulting; information management; and construction. CDM Smith provides integrated solutions in water, environment, transportation, energy, and facilities to public and private clients worldwide. We are comprised of more than 5,000 employees whose unwavering focus remains on creating innovative and lasting solutions that improve environmental value, quality of life and economic prosperity. Our financial stability and focus on client service allows us to maintain the size, stability, and resources to successfully undertake a diverse range of projects, applying local knowledge through a network of more than 125 offices worldwide while leveraging the full resources and expertise of our global staff. 2A.II QUALIFICATIONS OF PROJECT MANAGER José A. Rodriguez, PE will serve as our senior project manager for this contract. José has successfully managed multi-million dollar programs in a variety of fields and is well qualified in project/program management, project controls, financial tracking and reporting, and quality management. Furthermore, José possess a professional engineering certification from the National Society of Professional Engineers in the state of Florida, Texas, and in Puerto Rico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uzanne E. Mechler, PE, BCEE attended the mandatory pre-solicitation conference on July 21, 2016 at the Environmental Services Administration. Chapter 5 | Response Requirements (Section 2, Item 2A) 12 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C This page left intentionally blank. C h a p t e r 6 : R e s p o n s e R e q u i r e m e n t s ( S e c t i o n 2 , I t e m s 2 B , 2 C , 2 D , 2 E , & 2 F ) CH A P T E R Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 6 13City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Chapter 6 Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 2B Experience and Background of Proposer 2B.I PROPOSER BACKGROUND CDM Smith was founded in Massachusetts in 1947 as a partnership of three professional engineers. The firm changed its structure from a partnership to a corporation in 1970, and in 1974 established a presence in Florida. In the 1980s, CDM Smith solidified its position as a worldwide leader in its core areas of business: drinking water, wastewater, stormwater, water resources, solid waste, and hazardous waste management. Expanding its expertise from scientific, engineering, and management consulting services to full-service capabilities, CDM Smith formed its construction, general contracting, and design- build subsidiary in the early 1990s. At the same time, the firm strengthened its operations capabilities to provide competitive utility operations services to municipal water and wastewater agencies. In 2011, CDM and Wilbur Smith Associates joined forces to become CDM Smith, a leading global consulting, engineering, construction, and operations firm of more than 5,000 professionals delivering integrated solutions in water, environment, transportation, energy, and facilities. 2B.II EXPERIENCE IN PROVIDING CONSTRUCTION PROJECT MANAGEMENT SERVICES CDM Smith provides the full scope of engineering services during construction and construction management services to its clients. Services cover project management, quality management, time (schedule) management, cost management, project, and contract administration, and as applicable to the project, safety management. Our construction professionals bring hard performed construction experience, including self performance of construction projects. Our construction engineering and inspection (CEI) team also brings to the project Florida market experience with knowledge of local construction methodologies, climate, ground conditions, labor market, and subcontractors. The integration of CDM Smith engineers and construction professionals allows seamless coordination internally to enhance overall performance resulting in high levels of owner satisfaction. Our engineers are experienced in construction management, field inspection, and quality control and quality assurance services for a variety of projects. We take a proactive approach to construction management of our projects. In addition to performing oversight of the contract compliance and the construction work, as well as documentation and accurate record keeping for the protection of our clients, CDM Smith focuses its efforts on achieving on time delivery of its projects, within budget, and quality in the completed work. Considerable emphasis is also devoted to maintaining facility operations safety, good community and public relations, and overall project success. Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 14 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C 2B.III DETAILED NARRATIVE OF PROPOSERS OVERALL BACKGROUND AND EXPERIENCE Program management and embedded project management has been a hallmark of CDM Smith’s core engineering services for decades. As demonstrated in Table 2B.III-1, we possess extensive, nationwide program and project management experience ranging from small, specialized project needs to large, complex programs in water, rail, environmental, and green infrastructure, with variability in funding from bonds, grants, and consent decree. The firm’s experience in program and construction management on numerous projects around the world is proof that a partnership between owner and consultant is inordinately greater than individual efforts alone. CDM Smith has provided program and construction management services on a number of successful public works projects in Florida, across the United States, and around the world. Table 2B.III-1 is a representative list of our full service capability to move large scale programs from planning to operations. These projects also confirm CDM Smith's track record and strong credentials in support of major programs under regulatory oversight. WORLDWIDE EXPERIENCE RUNNING CONCURRENT PROGRAM MANAEMENT CONTRACTS GREATER THAN $10M Table 2B.III-1: Representative Nationwide Experience Providing Program and Project Management Services Project/Location Pr o g r a m V a l u e $ Pr o g r a m De v e l o p m e n t Ov e r s i g h t a n d Co o r d i n a t i o n D e s i g n Co s t E s t i m a t i n g / Co n t r o l s Fi n a n c i a l R e p o r t i n g / Ma n a g e m e n t Pe r m i t t i n g Pr o c u r e m e n t Co n s t r u c t i o n Ma n a g e m e n t Re g u l a t o r y a n d Fu n d i n g A g e n c y In t e r a c t i o n Citywide Program Management Consulting Services West Palm Beach, FL $60 – 120M ü ü ü ü Program Management Services for Consent Decree Compliance Program and Infrastructure Improvements City of Fort Smith, AR $350M ü ü ü ü Wet Weather Wastewater Program Management/ Construction Management Services East Point, GA $150M ü ü ü ü ü ü ü ü Program Management (Indefinite Quantity Contract for Civil Engineering Services), Marine Corps Base and Marine Corps Air Station Camp Pendleton Oceanside, CA $233M ü ü ü ü ü ü ü ü Wastewater Improvements Program Baton Rouge, LA $340M ü ü ü ü ü Program Management for Block Grant – Hurricane Katrina Office of Community Development State of Louisiana $2M ü ü ü ü Plaquemines Parish Sheriff’s Office Recovery Program Management Plaquemines Parish, LA $75M ü ü ü ü ü Water and Wastewater Capital Improvements Program, City of Shreveport, LA $700M ü ü ü ü ü ü ü ü Rouge River National Wet-Weather Demonstration Project Wayne County, MI $380M ü ü ü ü ü ü Long-Term Workforce Housing MS, Statewide $200M ü ü ü ü ü WE HAVE NATIONWIDE EXPERIENCE RUNNING PROGRAM MANAGEMENT CONTRACTS GREATER THAN $10M Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 15City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Table 2B.III-1: Representative Nationwide Experience Providing Program and Project Management Services Project/Location Pr o g r a m V a l u e $ Pr o g r a m De v e l o p m e n t Ov e r s i g h t a n d Co o r d i n a t i o n D e s i g n Co s t E s t i m a t i n g / Co n t r o l s Fi n a n c i a l R e p o r t i n g / Ma n a g e m e n t Pe r m i t t i n g Pr o c u r e m e n t Co n s t r u c t i o n Ma n a g e m e n t Re g u l a t o r y a n d Fu n d i n g A g e n c y In t e r a c t i o n PM for Community Development Block Grant Mississippi Development Authority Public Housing Program MS, Statewide $105M ü ü ü ü ü ü Wastewater Capital Improvements Metropolitan Council Environmental Services St. Paul, MN $300M ü ü ü ü ü ü Program and Project Management Services for Onondaga Lake Improvement Program Onondaga County, NY $560M ü ü ü ü ü ü ü ü Program Management for Metropolitan Sewer District of Greater Cincinnati – Wet Weather Improvement Program, Phase I – III Cincinnati, OH $3.3B ü ü ü ü ü ü ü CSO Capital Improvements Allegheny County Sanitary Authority Pittsburgh, PA $2B ü ü ü ü ü Engineering Program Management of Wastewater Treatment Capital Improvement Plan Allegheny County Sanitary Authority Pittsburgh, PA $300M ü ü ü ü ü ü ü ü Capital Improvement Program Implementation Puerto Rico Aqueduct and Sewer Authority (PRASA) Puerto Rico $500M ü ü ü ü ü ü ü Wastewater Collection System Rehabilitation and Replacement Program Clarksville, TN $3 – 4M annually ü ü ü ü ü ü ü Overflow Abatement Program Nashville, TN $1.2B ü ü ü ü ü ü ü ü Pace 10 Sewer System Rehabilitation Program Knoxville, TN $530M ü ü ü ü ü Austin Clean Water Program Austin, TX $250M ü ü ü ü ü ü ü Community Development Block Grant Program Management for Hurricane Ike Recovery Harris County, TX $45M ü ü ü ü ü ü ü Construction Management for Brightwater Wastewater Treatment Plant King County, WA $409M ü ü ü ü ü ü ü ü CDM Smith’s experience is varied and includes local, small capital projects with $15 – 25M in projects per year to large capital programs for Pittsburgh ($350M), Baton Rouge ($340M), and PRASA ($1.2B). Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 16 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Recently and locally, the City of West Palm Beach has retained CDM Smith to provide PMC services to act as an extension of City staff and support the administration of multiple CIPs. Under this contract, CDM Smith is currently providing embedded staff to manage utility projects (water, wastewater, reclaimed, stormwater, and buildings) including overseeing the work of other consultants, coordinating with City staff and local governmental agencies, and communicating with stakeholders. Additionally, CDM Smith is providing a full range of services, including assistance with capital project prioritization, development of schedules, and document control. OUR ONGOING PROJECT MANAGEMENT EXPERIENCE IN WEST PALM BEACH IS DIRECTLY RELEVANT 2B.III.1 Managing Projects $10M and Above Locally, we have managed numerous projects greater than $10M, including the following recent, local projects: ƒBiscayne Pointe Neighborhood Improvements Project, City of Miami Beach, FL ($11.2M) ƒSouth Pointe Neighborhood Improvements Project, City of Miami Beach, FL ($11.8M) ƒCity of Deerfield Beach West Water Treatment Plant (WTP) Reverse Osmosis (RO) Expansion ($11.1M) ƒMiami-Dade Water and Sewer Department (WASD) Central District 120-inch Treated Effluent Ocean Outfall, WASD, Miami- Dade County, FL ($19M) ƒWASD John E. Preston Softeners Nos. 7 and 8 Improvements, WASD, Miami-Dade County, FL ($11M) ƒMiami-Dade Aviation Department Concourse A Utility Corridor, Miami-Dade County, FL ($11M) 2B.III.2 Concurrent Management of Five or More Projects Table 2B.III.2-1 is evidence of our local Boca Raton office's ability to manage multiple construction management projects at once. As shown in the table, our Boca Raton office has managed five or more projects at once, with several of these projects over $10M. Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 17City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Table 2B.III.2-1 : South Florida Project Management and Construction Management Experience by Year Project Pr o g r a m V a l u e $ Co n s t r u c t a b i l i t y R e v i e w s Co n s t r u c t i o n S c h e d u l e Re v i e w / M a i n t e n a n c e Sh o p D r a w i n g R e v i e w De v e l o p m e n t o f S t a n d a r d s fo r F i e l d O b s e r v a t i o n a n d Re p o r t i n g Pa y m e n t a n d A p p r o v a l 2015 Solid Waste Authority of Palm Beach County (SWA) Customer Convenience Drop-off Center, SWA,Palm Beach County, FL $640K ü ü ü ü Glades Road WTP Residuals System and Ancillary Improvements, City of Boca Raton, FL $11.1M ü ü ü ü ü L-8 Divide Structure, South Florida Water Management District (SFWMD), FL $4.5M ü ü WTP 1A 1-MG Storage Tank, Broward County, FL $1.3M ü ü ü ü Raw Water Pump Station Upgrades, Seacoast Utility Authority, FL $13.1M ü ü ü ü 2014 Glades Road WTP SCADA Upgrades, City of Boca Raton, FL $1.9M ü ü ü ü Class I Landfill Cells 15 and 16, SWA, Palm Beach County, FL $8.1M ü ü ü ü ü Roadway and Restriping Improvements, City of Coral Springs, FL $1.2M ü ü ü ü ü G. T. Lohmeyer WWTP Deep Injection Well Mechanical Integrity Testing, City of Fort Lauderdale, FL $1.1M ü ü ü ü G. T. Lohmeyer WWTP Dewatering Building Electrical Upgrades, City of Fort Lauderdale, FL $850K ü ü ü ü ü 2013 Glades Road WTP SCADA Upgrades, City of Boca Raton, FL $1.9M ü ü ü ü Water Supply Wells 28W, 31W, and 33W, City of Boca Raton, FL $3.4M ü ü ü ü ü Grant Street WRF Deep Injection Well Monitoring Wells, City of Melbourne, FL $1.4M ü ü ü ü ü Biscayne Pointe Neighborhood Improvements Project, City of Miami Beach, FL $11.2M ü ü ü South Pointe Neighborhood Improvements Project, City of Miami Beach, FL $11.8M ü ü ü Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 18 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C 2B.III.3 Awards, Certifications, or Other Recognition City of Columbia, SC CDM Smith's work for the City of Columbia, SC, has been recognized with an Honor Award in Operations and Maintenance from the American Academy of Environmental Engineers and Scientists (AAEES). The award was presented at the AAEES awards luncheon at the National Press Club in Washington, DC, on April 14, 2016. Columbia's wastewater services faced aging infrastructure, budgetary constraints, deferred maintenance, and outdated operations and maintenance systems. As a result, increased sanitary sewer overflows resulted in an US Environmental Protection Agency (EPA) consent decree. To respond, the City developed the Clean Water 2020 program in collaboration with program manager CDM Smith. Clean Water 2020 builds smarter infrastructure and implements best business practices for the City. This project entailed, in part, a holistic assessment of Columbia’s complex system, including 67,000 service connections, 1,027 miles of gravity main, 30 miles of force main, 27,995 manholes and 56 pump stations. Once all these assets were evaluated, the data was added to an asset register to support efficient maintenance and budgeting for replacement and growth. The asset register will enable the city to plan, in detail, month-by-month and year-by-year as it maintains what it has and invests for the future. The City plans to spend more than $750M on wastewater infrastructure in the next several years. The improvements proved their quality in October 2015, when flooding fueled by Hurricane Joaquin struck the city, causing damage and fatalities. Post- storm assessment of damage to city pump stations and equipment took just one month, thanks to the improvements. The response time to perform repairs was also substantially decreased. City Manager Teresa Wilson notes, “Previously, there were no means by which to track and evaluate asset conditions before and after a flood event. CDM Smith’s contributions to the City’s program helped prepare us to respond to the devastating impacts the flooding had on the city’s infrastructure.” Facing aging infrastructure, budgetary constraints, deferred maintenance and an EPA Consent Decree for sanitary sewer over ows, Columbia, South Carolina partnered with CDM Smith to develop the Clean Water 2020 program. The team: •Assessed thousands of pieces of data to facilitate smarter prioritization of improvements. •Networked software systems to improve responsiveness. •Convened a citywide brain trust to identify organizational improvements. Their detailed analysis of current practices led to improvements in existing systems and implementation of national best practices. These improvements have transformed the City through better compliance and operational e ectiveness. The City has set a course to spend more than $750M on wastewater infrastructure in the next several years, guided by Clean Water 2020 to leverage the technology and training to make that investment pay o. PROJECT Best-in-Class O&M Systems and Organizational Improvements CLIENT City of Columbia Utilities Department LOCATIONColumbia, SC 2016 American Academy of Environmental Engineers and Scientists Excellence in Environmental Engineering and Science Awards HONOR AWARD in OPERATIONS/ MANAGEMENT PROGRAM MANAGEMENT APPROACH BUILDS SMARTER INFRASTRUCTURE IN SOUTH CAROLINA'S CAPITAL Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 19City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C 2B.IV DETAILED NARRATIVE OF PROPOSERS SPECIFIC EXPERIENCE 2B.IV.1 Knowledge of Construction/ Revitalization of Neighborhoods CDM Smith has substantial experience in successfully completing water and sewer improvements projects in existing neighborhoods. We are very familiar with the importance of stakeholder involvement and constructability challenges of this type of project that must be met to provide a successful program. We recognize that it is crucial to provide open and continuous communications to develop and maintain good relations with the affected residents and public in general due to the proximity of construction to residents’ homes and businesses. In addition, the design and construction practices must include careful consideration of existing conditions to avoid interrupting or damaging existing underground and above-ground utilities and other improvements. It is our intention to support the City in your Neighborhoods Program, Streets Program, and Buildings Program to facilitate a “get it done” delivery of your capital projects. We will leverage the concept that the City has already developed in the Neighborhoods Program to efficiently combine reconstruction of streets and adjacent alleys, completion of sidewalks, rehabilitation of sewers and stormwater systems, and upgrading of street lighting. CDM Smith’s project team has successfully handled these issues on numerous projects in Florida. The inclusion of streetscape, beautification, and restoration components to a typical infrastructure improvement project contributes added value to the affected communities. Specific techniques we have identified for successful neighborhood improvement projects include maintaining the continuity of the project manager and designer from design through the construction phase, as the point of interface to the client’s project manager, use of aerial photography in conjunction with survey in order to clearly see existing conditions, and to maintain a record of the structures outside of the right-of-way (ROW) on private property, and use of non-invasive utility location and designation techniques in conjunction with survey and record drawings for verification of conflicts prior to their discovery during construction. We also have used the implementation of a dedicated neighborhood task force throughout the design and construction phase, and specifying carefully controlled conditions of allowable construction. 2B.IV.2 Background in engineering/ construction management CDM Smith has been providing construction management services for more than 36 years in the following areas: construction of treatment plants, pump stations, pipelines and sewers, storm drains, culverts and canals, incinerators, resource recovery facilities, wells, and reservoirs, as well as buildings, roads, and other infrastructure associated with these facilities. We employ more than 550 construction-focused professionals around the world, in addition to the other engineers, technicians, and managers with construction expertise in engineering and design work. We are a recognized design leader in the US, ranked as the 4th in the Top 20 wastewater firm, 8th in the Top 20 water firm, and out of the top 500 design firms, CDM Smith is ranked 23rd by Engineering News- Record (ENR), a well-recognized industry benchmark. CDM Smith offers the City some of the most extensive experience in construction management assistance of any firm in the nation. With ongoing construction projects all over the world, we have demonstrated capabilities and principles that far exceed the basic elements of construction management. We have maintained a progressive expansion of the concept of professional construction management through the integration of engineering principles, current technology, and experience into a practice that responds to the challenges our clients face with implementing a capital program. This experience, coupled with our technical expertise and our in-depth knowledge of your infrastructure, makes us uniquely qualified to serve you. We offer our skill and experience to you when and where you need it most. Our team is a blend of program and construction management experts as well as industry leaders in neighborhood revitalization efforts; they understand why and how the successful management of your projects can help the City become even more successful. Locally, CDM Smith recently provided construction management services for the City of Coral Springs Roadway Resurfacing and Striping Project and the City of Fort Lauderdale Waterworks 2011 Program Pump Station Rehabilitation, which are very similar to some of the City’s planned capital projects. 2B.IV.3 Experience specifically related to neighborhood revitalization Currently, CDM Smith is providing program management services to the City of West Palm Beach. Under this contract, CDM Smith provided an on-site senior project manager in charge of managing various neighborhood revitalization projects. Projects included lift stations improvements (20, 26, 40, 52, 53, 73, 89, and 100), relocation of a historical chemical building project, C-17 water capture pump station, as well as Phase I and Phase II of the $16M 48-inch pre-stressed concrete cylinder pipe (PCCP) force main renewal project. The project manager, as an extension of City staff, is also involved in public outreach initiatives, attends public meetings, and works with the City and stakeholders in maintaining open communication with communities, investigating and negotiating the acquisition of easements for the City to complete visual improvements and include landscaping for various lift station projects. Our team has ONGOING, RELEVANT PROGRAM MANAGEMENT experience in West Palm Beach, FL Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 20 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C For the Progesso neighborhood, CDM Smith installed 35,000 lf of new sanitary sewers and designed and installed a new triplex submersible master pump station for a septic tank redevelopment in a mixed residential and commercial area neighborhood near downtown. The improvements also included the replacement of 25,000 lf of old, smaller diameter water mains, water service connections and water meters with new 8-inch pipe and new fire hydrants for spacing to code. Progresso Neighborhood Improvements, City of Fort Lauderdale, FL In West Palm Beach’s South Flagler area, CDM Smith evaluated and analyzed the reasons for wet-weather overflows of the gravity sewer and identified improvements necessary to improve the sewage collection/transmission system to eliminate future overflows. South Flagler Improvements Project, City of West Palm Beach, FL The City of Miami Beach retained CDM Smith to provide construction management support for neighborhood improvement projects. Under this contract CDM Smith provided services including review of the design plans, specifications, contract documents, contract special conditions, measurement and payment terms, progress of the work to date and project constructability issues for water, stormwater, street lighting, landscaping, irrigation, paving, and hardscape improvements. Biscayne Pointe Neighborhood Improvements Project, City of Miami Beach, FL The City of Miami Beach retained CDM Smith to provide construction management support for ROW capital improvements projects (also referred to as Neighborhood Improvement project) on an as-needed basis. Our team provided construction management services for water, stormwater, street lighting, landscaping, irrigation, paving and hardscape improvements. South Pointe Neighborhood Improvements Project, City of Miami Beach, FL The City of Fort Lauderdale selected CDM Smith as the wastewater consultant for the Waterworks 2011 Program. Our team was tasked with the analysis and rehabilitation of the City wastewater collection and transmission system. As part of the comprehensive analysis, a geographic information system (GIS)-based hydraulic model of the wastewater system and projected buildout flows for the individual collection basins were developed and calibrated. Waterworks 2011 Program Pump Station Rehabilitiation, City of Fort Lauderdale, FL SOUTH FLORIDA NEIGHBORHOOD REVITALIZATION EXPERIENCE Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 21City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C 2B.V CLIENT REFERENCES We have included five references on the following pages for projects that are similar in size and scope of services to the City’s Request for Qualifications (RFQ), and represent a small sample of our capabilities and relevant successful projects. We have included more detailed project descriptions of these projects later in the section under 2C.II Projects Proposed Team Members Have Been Involved In. %100 %85A full-service team with in-house, multi-disciplinary capabilities that include EVERY service area listed in the City’s Scope of Services.A Full-Service Team! Numbers#by the of our revenue is from business with repeat clients, as a result of our client service philosophy. Our philosophy is centered on technical excellence and scope, schedule, and budget adherence. CITYWIDE PROGRAM MANAGEMENT CONSULTING SERVICES WEST PALM BEACH, FL 1. ORGANIZATION NAME: City of West Palm Beach, FL 2. CONTACT NAME: Vivek E. Galav; Engineering Manager, Public Utilities 3. CONTACT EMAIL ADDRESS: vgalav@wpb.org 4. ADDRESS: 401 Clematis Street, 4th Floor, West Palm Beach, FL 33401 5. TELEPHONE AND FAX NUMBERS: Tel: 561.494.1061 Fax: N/A 6. DATES OF SERVICES (START/END): 1/2016 – 1/2017 (with up to four 1-year extensions) 7. SCOPE OF WORK (BRIEF DESCRIPTION): The City of West Palm Beach has retained CDM Smith to provide Project Management Consultant (PMC) services to act as an extension of City staff and support the administration of multiple capital improvement projects (CIPs). Under this contract, CDM Smith is supporting and advising the City in project-related matters, overseeing the work of other consultants, and coordinating and communicating with City staff, local governmental, and nongovernmental agencies. Additionally, CDM Smith is providing a full range of services, including assistance with development of project procurement and management of utility projects (water, wastewater, reclaimed, stormwater, and buildings). Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 22 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C WATERWORKS 2011 PROGRAM PUMP STATION REHABILITATION FORT LAUDERDALE, FL 1. ORGANIZATION NAME: City of Fort Lauderdale, FL 2. CONTACT NAME: Mark Darmanin; Former Utilities Distribution and Collections Manager with the City of Fort Lauderdale 3. CONTACT EMAIL ADDRESS: mdarmanin@broward.org 4. ADDRESS: 2555 West Copans Road, Pompano Beach, FL 33069 5. TELEPHONE AND FAX NUMBERS: Tel: 954.831.0960 Fax: 954.831.0842 6. DATES OF SERVICES (START/END): 1/2002 – 2/2011 7. SCOPE OF WORK (BRIEF DESCRIPTION): The City of Fort Lauderdale selected CDM Smith as the wastewater consultant for the Waterworks 2011 Program. Our team was tasked with the analysis and rehabilitation of the City wastewater collection and transmission system. As part of the comprehensive analysis, a geographic information system (GIS)-based hydraulic model of the wastewater system and projected buildout flows for the individual collection basins were developed and calibrated. The analysis of 172 pump stations included five large regional booster/repump stations. The rehabilitations were prioritized based on a matrix of weighted parameters and grouped into bid packages based on similar construction and bonding capacity. PROGRAM MANAGEMENT SERVICES FOR CAPITAL IMPROVEMENT PROGRAM PUERTO RICO AQUEDUCT AND SEWER AUTHORITY (PRASA) PUERTO RICO 1. ORGANIZATION NAME: PRASA, PR 2. CONTACT NAME: Lynnette Ramirez, PE; Executive Director for Infrastructure 3. CONTACT EMAIL ADDRESS: lynnette.ramirez@acueductospr.com 4. ADDRESS: Barbosa Ave #618, 3rd Floor, San Juan, PR 00917 5. TELEPHONE AND FAX NUMBERS: Tel: 787.999.1717 Fax: N/A 6. DATES OF SERVICES (START/END): 10 years of Program Management Consulting Services (7/2005 – 6/2015) 7. SCOPE OF WORK (BRIEF DESCRIPTION): CDM Smith was the program manager for a regulatory driven water and wastewater program. The program included project oversight and direction; project management plan; drawings, specifications, and cost estimating standards and guidelines; engineering reports, scopes of work, and preliminary cost estimates; master schedule and task schedules; monthly progress reports; assistance in fee negotiations; permitting support; tracking of all document activities in computer software (i.e. Primavera). Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 23City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C CONSENT DECREE COMPLIANCE PROGRAM AND INFRASTRUCTURE IMPROVEMENTS PROGRAM MANAGEMENT COLUMBIA, SC 1. ORGANIZATION NAME: City of Columbia, SC 2. CONTACT NAME: John Riggs, Civil Engineer 3. CONTACT EMAIL ADDRESS: jtriggs@columbiasc.net 4. ADDRESS: 1136 Washington Street, Columbia, SC 29201 5. TELEPHONE AND FAX NUMBERS: Tel: 803.528.4238 Fax: N/A 6. DATES OF SERVICES (START/END): 7/2012 – 6/2022 7. SCOPE OF WORK (BRIEF DESCRIPTION): CDM Smith was selected as the program management consultant for the City of Columbia’s (CoC) $750M Clean Water 2020 Program (CW2020) to comply with environmental regulations, rebuild and expand its existing infrastructure, and to adopt and implement best business practices across the organization. The program scope involves project oversight and direction; a project management plan; drawings, specifications, and cost estimating standards and guidelines; engineering reports, scopes of work, and preliminary cost estimates; master schedule and task schedules; monthly progress reports; assistance in fee negotiations; permitting support; and tracking all document activities in computer software. READY FOR TOMORROW THE CITY OF SALEM CLIMATE CHANGE VULNERABILITY ASSESSMENT & ADAPTATION PLAN February 2015 CLIMATE CHANGE VULNERABILITY ASSESSMENT AND ADAPTATION PLAN SALEM, MA 1. ORGANIZATION NAME: City of Salem , MA 2. CONTACT NAME: Jeffrey Elie; Energy and Sustainability Manager 3. CONTACT EMAIL ADDRESS: jelie@salem.com 4. ADDRESS: 120 Washington Street, 3rd Floor, Salem, MA 01970 5. TELEPHONE AND FAX NUMBERS: Tel: 978.619.5693 Fax: 978.740.0404 6. DATES OF SERVICES (START/END): 3/2013 – 2/2015 7. SCOPE OF WORK (BRIEF DESCRIPTION): CDM Smith partnered with the City of Salem to conduct a Climate Change Vulnerability Assessment and Adaptation Plan. The project established the top three climate change impacts based on downscaled Global Climate Models (GCMs), research from the National Oceanic and Atmosphere Administration (NOAA), and other sources. Our team led the vulnerability assessment using the International Council for Local Environmental Initiatives (ICLEI) approach to determine the sensitivity and the adaptive capacity of assets within the City. The adaptation plan outlined specific strategies for the City to make their climate vulnerable areas into climate resilient areas. The sectors included in this work were: water systems, stormwater, transportation, energy, critical infrastructure, and vulnerable populations. Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 24 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C 2C Experience and Background of Proposer’s Key Personnel 2C.I DETAILED NARRATIVE OF KEY PERSONNEL An essential part of successful program management is the ability to think ahead, to anticipate problems before they occur, and to react quickly. Thinking ahead effectively about the right things requires experience and a commitment to this attitude throughout the organization. The highly qualified members of the CDM Smith team committed to the City will constantly “look around the corner” in order to maximize opportunities and avoid problems. This will be achieved by placing heavy emphasis on program controls and procedures from the start emphasizing proactive planning on project matters such as operability and constructability. Our design management approach will also look ahead to avoid costly construction delays and rigorously provide value engineering for each design to achieve the biggest “bang for the buck”. This forward-leaning attitude to program management is essential to not only control cost, schedule, and quality, but also to find ways to become more efficient, reduce costs, and beat schedules. Our proposed project core management team is shown in Figure 2C.I-1. The CDM Smith project core team, backed by proven success with similar programs, provides the City with leadership and sage advice. The collective experience of the core team that has been put together for this program will allow for a fast start, moving projects out the door with a long-term positive impact to the overall organization and project execution. Meet Our Local Project Key Personnel Suzanne, with direct responsibility for the contract, provides local insight, industry collaborative support, and the right resource identification based on 15 years with CDM Smith in Palm Beach County. John has served as construction manager for numerous neighborhood improvement projects in South Florida, and will support the City and José, as needed. Having recently come off PRASA and West Palm Beach, Yanice has worked for over 10 years on similar infrastructure improvement projects with a focus on public outreach. Both José and Maurice have worked on multi-million dollar project management contracts. They will work with the City on the local level delivering quality project management solutions. PRINCIPAL-IN-CHARGE Suzanne E. Mechler, PE, BCEE PROGRAM AND PROCESS ADVISOR Maurice Tobon, PE, PMP SENIOR PROJECT MANAGER José A. Rodríguez, PE ENGINEERING MANAGEMENT Yanice I. Mercado, PE CONSTRUCTION MANAGEMENT John S. Chandler SUBCONSULTANTS Tobon Engineering Legend: Key Personnel Suzanne E. Mechler, PE, BCEE will serve as the principal-in- charge, available at all times, to ensure that we are delivering the contractual scope and quality. She will provide oversight, and ensure client satisfaction throughout the duration of the contract. She will provide resource assistance by ensuring that the right resources are available to José. She will check in with Delray Beach regularly to review quality, milestones, and client service satisfaction. Suzanne has worked on local South Florida projects since 2002 and is familiar with the needs and processes of program management services contracts. She is currently working with the City of West Palm Beach to implement Program Management Services to assist staff in executing their upcoming $60M bond program. As part of this effort, she has worked with the City of West Palm Beach to integrate an embedded senior project manager, conduct an initial assessment of their reporting and project control tools, update their utility policy manual, support capital improvement project prioritization efforts, and develop schedules and reporting tools for over 40 projects. She is a lifetime resident of Palm Beach County and is dedicated to supporting the City of Delray Beach in its vision to be a financially responsible, high-performing organization with exceptional infrastructure. Suzanne E. Mechler, PE, BCEE Suzanne, with direct responsibility for the contract, provides local insight, industry collaborative support, and the right resource identification based on 15 years with CDM Smith in Palm Beach County. John has served as construction manager for numerous neighborhood improvement projects in South Florida, and will support the City and José, as needed. Having recently come off PRASA and West Palm Beach, Yanice has worked for over 10 years on similar infrastructure improvement projects with a focus on public outreach. Both José and Maurice have worked on multi-million dollar project management contracts. They will work with the City on the local level delivering quality project management solutions. PRINCIPAL-IN-CHARGE Suzanne E. Mechler, PE, BCEE PROGRAM AND PROCESS ADVISOR Maurice Tobon, PE, PMP SENIOR PROJECT MANAGER José A. Rodríguez, PE ENGINEERING MANAGEMENT Yanice I. Mercado, PE CONSTRUCTION MANAGEMENT John S. Chandler SUBCONSULTANTS Tobon Engineering Legend: Key Personnel Figure 2C.I-1: Our local key personnel are qualified and available to assist the City on this important project. Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 25City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C José A. Rodriguez, PE José A. Rodriguez, PE, has 30 years of experience in project/program management, having served as the lead manager in several key assignments both in the US and internationally. His qualifications include project/program management, project controls, financial tracking and reporting, and quality management. He has successfully managed multi-million dollar programs in a variety of fields ranging from emergency water relief efforts in Central America to Airport capital improvements in Miami, and has effectively interacted with environmental agencies, government officials, international relief agencies, and the private sector. He has not only developed a strong team- building spirit across the project spectrum, but has also built solid and lasting relationships with clients on the basis of high quality service, trust, and mentoring. José is fully bilingual and has also been exposed to design and construction projects in the Bahamas, Turks and Caicos, and the island of Hispaniola. His assignment at the Miami International Airport (MIA) provided a special insight into multi-project coordination, especially the delicate interfacing between adjacent project boundaries. Managing projects of $10M or larger RELEVANCE TO CITY OF DELRAY BEACH ü José worked on a $2B, 1-mile long terminal extension with an Automated People Mover (APM) system located on the terminal roof. He was responsible to the client (American Airlines) for the program management of the $100M APM design-build contract. Managing five or more concurrent projects José performed comprehensive program management for the $200M El Salvador Earthquake Relief Effort Capital Improvement Project (CIP) which included large and small educational facilities, health buildings, municipal markets, and the associated water and sewer infrastructure. This effort, which at one time had 40 – 50 projects under simultaneous construction, was key to the Salvadoran economy and to the country’s speedy recovery from the earthquake’s effects. Awards, certifications, or other related recognition José is a member of the Florida Board of Professional Engineers; Texas State Board of Professional Engineers; and the Puerto Rico College of Engineers and Land Surveyors. Knowledge of construction related to revitalization of neighborhoods The earthquake reconstruction project in El Salvador included improvement of basic infrastructure such as schools, hospitals, and municipal markets to revitalize basic community services. José coordinated the design efforts and oversaw the construction activities of small and large facilities destined to replace the damaged infrastructure, while at the same time providing longer term community-oriented solutions. Background in engineering and construction project management Previous experience specifically related to neighborhood revitalization José brings extensive engineering, construction management, and program management experience in complex multi-discipline projects in the US, Latin America, and the Caribbean. José’s experience with the earthquake reconstruction project in El Salvador brought him into the maelstrom task of bringing back the basic services needed to revitalize middle and low income communities. School, hospitals, and public market reconstruction was coordinated with the host government, municipalities, cooperating agencies, and the local communities so that the final improvements not only replaced the lost infrastructure, but also provided a longer term solution for the development and growth of the community. ü ü ü ü ü José is known for getting things done, working collaboratively, and demonstrating a commitment to technical excellence. As operations manager for the PRASA Capital Improvements Program, he assisted PRASA in an estimated savings of $35M – $50M in construction/implementation costs. Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 26 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Maurice Tobon, PE, PMP The owner and president of Tobon Engineering, Maurice served for 19 years at the highest management levels of two of the largest water utilities in South Florida (Palm Beach County and City of Fort Lauderdale) and was responsible for nearly $1B in program management capital improvements. Maurice has unique experience and insight from many years in government and understands the issues faced by water utilities. Maurice Tobon, PE, PMP, brings extensive experience in developing policies and procedures to facilitate capital project management, identifying efficient management methodologies, and developing and recommending institutional and organizational solutions to public clients. The initial months of the Delray Beach Program will be a critical time to lay a firm foundation for effective capital project implementation and Maurice will support José and the City to identify the best means and methodologies to lay that foundation. Once the needs of the City have been coordinated and discussed and the program goals and objectives are in place, Maurice will be responsible for supporting José to get procedures in place including project controls (schedule, budget, procurement strategy), documentation, and support staffing. Managing projects of $10M or larger RELEVANCE TO CITY OF DELRAY BEACH ü Maurice served at an executive level position managing and providing leadership to a staff of 35 in the Engineering Division and consultant Program Managers for the Water Utilities Department (WUD) $400M CIP for the Palm Beach County Water Utilities Department. He was personally responsible for creating the Program Management program (WUD 2020 Capital Improvements Program). Managing five or more concurrent projects As the engineering design manager and assistant program manager for the City of Fort Lauderdale’s 10-year $550M Water and Wastewater Program Management (Waterworks 2011), Maurice for many years managed more than five concurrent projects at a time. Awards, certifications, or other related recognition Maurice is a Florida Licensed Professional Engineer as well as a certified Project Management Professional (PMP). He is a member of the Water Environment Federation (WEF), American Water Works Association (AWWA), American Society of Civil Engineers (ASCE), and is a mentor and serves on the technical advisory committee for Engineers without Borders. Knowledge of construction related to revitalization of neighborhoods Maurice was responsible for the directing and advising on the design and facilitating construction of the improvements for the South Palm Beach County Water Service Replacement Phases I – III Project. This multi-year, multi-million dollar effort involved the replacement of approximately 2,000 water services and replacement of AC water mains in the southern portion of Palm Beach County. Background in engineering and construction project management Previous experience specifically related to neighborhood revitalization Maurice is a professional water engineer with more than 25 years of experience in water and wastewater engineering and construction management projects in south Florida. Serving as engineering design manager for the Stormwater Management Analysis of the River Oaks and Edgewood Communities in Fort Lauderdale, FL, Maurice was actively involved in the development of options to deal with repetitive flooding issues in these two neighborhoods. ü ü ü ü ü Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 27City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C John S. Chandler John S. Chandler has 33 years of experience in the construction and construction management field. He is experienced in providing project management, bid preparation, construction management, and engineering and design services related to a variety of projects, including neighborhood revitalization; water plants; wastewater plants; underground water, sewer, and storm drainage projects; engineering and marine construction projects; and power and process plant facilities. His responsibilities have also included budgeting and scheduling, permitting, report preparation, construction layout, and bid preparation. In addition, he is knowledgeable in the areas of steel and concrete structures, pressure piping, pressure vessel components in industrial and power plant facilities, dynamics, thermodynamics, and fluid and soil mechanics. He has served as construction manager for several neighborhood revitalization projects in South Florida including Roadway Resurfacing and Striping for the City of Coral Springs and water, stormwater, landscaping, irrigation, paving, and hardscape improvements for the South Pointe Neighborhood Improvements Project in the City of Miami Beach. John has provided construction management for numerous underground utility and paving projects throughout South Florida. As a seasoned construction manager he brings a depth of local knowledge applicable to the City's projects. Managing projects of $10M or larger RELEVANCE TO CITY OF DELRAY BEACH ü John managed several projects of $10M or larger including the City of Deerfield Beach West WTP Expansion ($11.1M); the Miami-Dade Water and Sewer Department (WASD) Central District WWTP 120-inch Treated Effluent Ocean Outfall ($19M); the WASD John E. Preston Softeners Nos. 7 and 8 Improvements ($11M); and the Miami-Dade Aviation Deparment Miami International Airport Concourse A Utility Corridor ($11M). Managing five or more concurrent projects John has managed five or more projects concurrently on several occasions. In 2015, he concurrently managed the Solid Waste Authority of Palm Beach County (SWA) Customer Convenience Dropoff Center ($640K); the City of Boca Raton’s Glades Road WTP Residuals System and Ancillary Improvements ($11.1M); South Florida Water Management District (SFWMD) L-8 Divide Structure ($4.5M), Broward County’s WTP 1A 1-MG Storage Tank ($1.3M), and Seacoast Utility Authority (SUA) Raw Water Pump Station Upgrades ($13.1M). Awards, certifications, or other related recognition John was the design-build coordinator for the City of Dania Beach WTP Addition project that received the 2013 National Design Award for Water/Wastewater Projects. Knowledge of construction related to revitalization of neighborhoods Most recently, John served as construction manager for the City of Coral Springs Roadway Resurfacing and Striping project, providing construction management services for the City, and coordinating Construction Engineering Inspectors (CEI) for the City’s annual program of milling, paving and striping existing City streets. Background in engineering and construction project management Previous experience specifically related to neighborhood revitalization John brings more than 33 years of experience in construction and construction management, and is well qualified in project management and bid preparation. John provided construction management services for water, stormwater, street lighting, landscaping, irrigation, paving, and hardscape improvements for the City of Miami Beach's South Pointe and Biscayne Point Neighborhood Improvements projects. ü ü ü ü ü Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 28 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Yanice I. Mercado, PE Yanice I. Mercado, PE is knowledgeable in the full range of capital planning and implementation requirements. She is a diligent and talented leader who offers the City strong project management skills, outstanding and professional work ethic, and excellent communication skills. Yanice was an essential core team member deployed in 2005 to provide Program Management Consulting (PMC) Services under a $3B CIP for PRASA. Under this Program, tight project controls were implemented and all PMC project managers were held to strict metrics and progress reporting requirements throughout the life of each project. Currently, she is project manager for the City of West Palm Beach Program Management Contract, managing Lift Stations 40, 52, 53, 73, and 88 Improvements project as well as the $16M 48-inch pre-stressed concrete cylinder pipe (PCCP) Force Main Renewal Project. Yanice has successfully delivered projects on schedule and on (or under) budget including: ƒ$7.2M Liner Repairs to the Lago Regulator (PRASA) ƒ$1.2M Improvements to the Water Supply System of San Germán (PRASA) ƒ $1.3M Construction of a Deep Well and Improvements to the Hormigueros Water Supply System (PRASA) Managing projects of $10M or larger RELEVANCE TO CITY OF DELRAY BEACH üYanice was an essential core team member to provide PMC Services under a $3B CIP for PRASA. Currently, she is project manager for the City of West Palm Beach Program Management Contract, managing various Lift Stations Improvement projects (20, 26, 40, 52, 53, 73, 89, and 100), relocation of a historical chemical building project, c-17 water capture pump station, as well as phase I and phase II of the $16M 48-inch pre-stressed concrete cylinder pipe (PCCP) Force Main Renewal Project. Managing five or more concurrent projects Yanice managed more than five concurrent projects under the PRASA CIP program, and is currently working with the City of West Palm Beach on their PMC Services contract managing more than five concurrent projects. Awards, certifications, or other related recognition Yanice is a Licensed Professional Engineer in Florida and Puerto Rico. In 2010 she received the Puerto Rico College of Engineers and Surveyors (CIAPR) Emerging Leader Award. Knowledge of construction related to revitalization of neighborhoods Yanice is currently working with the City of West Palm Beach on several neighborhood capital improvements projects including a 48-inch forcemain; numerous lift station projects; relocation of a chemical building; a ultraviolet (UV) project; and bond projects related to lift stations. The forcemain project and lift station projects have involved a strong public outreach component and community relations initiatives. Background in engineering and construction project management Previous experience specifically related to neighborhood revitalization For PRASA's west region, Yanice diligently completed key projects for the region. These key projects required and understanding of the regional needs and providing sustainable solutions that enabled the region to complete projects, improve public perception. She is currently managing three projects in constuction phase for the City of West Palm Beach. Yanice is currently working with the City of West Palm Beach on several neighborhood revitalization projects. As part of her responsibilities, she is involved in public outreach initiatives, attends public meetings, and works with the City and stakeholders in maintaining open communication with communities, investigating and negotiating the acquisition of easements for the City to complete visual improvements, and include landscaping for various lift station projects. ü ü ü ü ü Yanice is known for getting things done, working collaboratively, and demonstrating a commitment to technical excellence. Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 29City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C 2C.II PROJECTS PROPOSED TEAM MEMBERS HAVE BEEN INVOLVED IN CDM Smith brings the City exceptional experience, qualifications, and technical excellence with program management. We have provided relevant program management support to a number of cities and towns across the country. Many of our most recent programs have involved planning and implementing multi-million and billion dollar programs. This experience will result in successful implementation of the City’s program. This section highlights our industry-leading program management and related qualifications and experience. Select project descriptions are located on the following pages. PROGRAM MANAGEMENT SERVICES FOR CAPITAL IMPROVEMENT PROGRAM PUERTO RICO AQUEDUCT AND SEWER AUTHORITY (PRASA) PUERTO RICO 1. TEAM MEMBERS INVOLVED: José Rodriguez; Yanice Mercado 2. CLIENT: PRASA 3. LOCATION OF PROJECT: Puerto Rico 4. PROPOSED PROJECT MANAGER'S ROLE: Operations Manager 5. START/END DATES: 7/2005 – 6/2015 6. BRIEF SUMMARY OF PROJECT: See below PRASA is one of the largest utilities in the US and its territories. It has over 5,000 employees and more than 150 water and wastewater treatment facilities. To meet a growing demand, improve and simplify the level of service, and comply with escalating numbers of consent decrees and administrative orders from US Environmental Protection Agency (EPA) and local regulatory entities, PRASA implemented a massive island-wide CIP, at a total estimated cost of $3B. CDM Smith, as PMC for the West, South and East Regions of Puerto Rico, assisted PRASA, with implementing a $1.2B program portfolio comprising capital improvements implemented for more than 180 projects—including water/wastewater treatment facilities, pump stations, pipe installation, and residential and commercial service connections—all moving PRASA closer to its long-term objectives by improving service, creating much needed construction jobs, and supporting economic growth. The type of projects implemented in this program included water and wastewater treatment plants, water distribution systems and wastewater collection systems, water and wastewater pumping stations, wells and related auxiliary facilities such as reservoirs, access roads, office buildings, among others. Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 30 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C The CDM Smith PMC includes a multidisciplinary team of island-based CDM Smith staff and local Puerto Rico consultants. Most services are provided on-site in Puerto Rico. The PMC was responsible for performing and providing services pertaining to permitting, procuring detailed design services, assisting in construction procurement processes, construction management, and construction closure and otherwise assisting PRASA in the implementation of PRASA’s CIP and other projects. Services included: ƒReview of multi-year CIP in coordination with PRASA ƒPreliminary Engineering Report (PER) ƒPreliminary design ƒAssistance with financing identification ƒGIS services ƒGeneral consultation and coordination ƒStatus reports ƒPermitting services ƒLand acquisition services ƒDesign services ƒProcurement services ƒConstruction management services A unique feature of this project is the “seedling” program, coordinated through CDM Smith University. Its intent is to benefit aspiring young Puerto Rican engineers with technical and operational exposure to the services being implemented under the program, helping to create a local, sustainable engineering knowledge base within the Puerto Rico engineering community. CDM Smith managed a total of 180 projects with an approximate total investment of $1.2B. Key features of the projects are: ƒ500,000 families benefited ƒManaged projects involving 90 WTPs with an approximate production of 260 mgd ƒManaged projects involving 40 Wastewater Treatment Plants (WWTPs) with an approximate production of 150 mgd ƒ50+ total local staff working in CDM Smith ƒ90+ subcontractors working for CDM Smith ƒ75 project bids announced ƒ68 construction notices to proceed ƒ80 project substantial completions Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 31City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C CITYWIDE PROGRAM MANAGEMENT CONSULTING SERVICES WEST PALM BEACH, FL 1. TEAM MEMBERS INVOLVED: Maurice Tobon; Anthony James; Suzanne Mechler; Yanice Mercado; John Chandler 2. CLIENT: City of West Palm Beach 3. LOCATION OF PROJECT: West Palm Beach, FL 4. PROPOSED PROJECT MANAGER'S ROLE: N/A 5. START/END DATES: 1/2016 – 1/2017 (with up to four 1-year extensions) 6. BRIEF SUMMARY OF PROJECT: See below CDM Smith provides PMC services to the City of West Palm Beach. As part of this contract, an on-site Senior Project Manager acts as an extension of City staff and on a daily basis supports the management and administration of multiple existing public utilities capital improvement projects as well as the planning of a 10-year CIP. PMC services are focused on providing project delivery including planning and scope development; design and subconsultant management, bid support, construction management, coordination and communication with City staff, local governmental, and nongovernmental agencies. Additionally, CDM Smith provides a full range of services, including assistance with project scheduling and project controls, technical and program management support and advises the City in project-related matters. Program Management Core Services: On-site Senior Project Manager Ongoing Services Services include preparation of scope of services, negotiating fee, schedule, and deliverables in order to contract design services; administering design contracts and tracking project expenditures; overseeing and coordinating design consultant activities, including conduct cursory review of preliminary and final designs and cost estimates for conformance with City standards; conducting project design kick-off and periodic progress review meetings with design consultants; managing design issues and making recommendations to the City; processing and transmitting plans and coordinating projects with other utilities and regulatory agencies, including reviewing right-of-way (ROW) requirements; coordinating and tracking permitting activities; monitoring performance, reviewing invoices, and recommending progress payments; coordinating projects within the City and stakeholders, with other utilities and regulatory agencies; performing site visits and attending meetings; and preparing bid documents and addendums (plans, specifications, and other required documents), and managing and coordinating services during construction. As on-site senior project manager for this contract, Yanice I. Mercado, PE, has been embedded at the City full time. Her project management services include: ƒ$16M 48-inch Force Main Renewal (Phase 1 and Phase II) ƒ$3.4M C-17 Water Capture Pump Station ƒ $1.5M Improvements to LS 52 and 53 ƒ $1.5M Improvements to LS 73, 88 and 40 ƒ $300K Relocation of Chemical Historical Building ƒParticipating and providing continuing support to the Project Scheduling and Project Progress Reporting initiatives ƒActively participating and supporting the City as well as CDM Smith’s CIP specialist in the development of the CIP Prioritization Process; this effort has involved coordination meetings, conference calls, workshop preparation and document development ƒActively involved in the construction management for the City’s 48-inch Force Main Renewal Project, the development of the Project’s Emergency Procedures and the Public Outreach initiatives before and during construction Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 32 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Program Management Miscellaneous Services CDM Smith has assisted the City with the implementation of other miscellaneous initiatives. Services include: Project Scheduling and Project Controls Support CDM Smith has provided services related to scheduling development and monthly updates in Primavera P6 software for more than 40 existing Public Utilities projects. ƒUse of Primavera software (P6) for schedule development, resource loading and monthly updates. ƒOngoing assistance to the City to complete the monthly process of updating Primavera (P6) schedules for public utilities projects within the Master Program Schedule. The monthly updates require the direct coordination with Public Utilities’ project managers and gathering of data via a Standard P6 Update Report. CDM Smith’s Project Controls Specialist develops five reports for the City which include: Milestone Variance Report, Summary Report by Project (by Phase), Summary Schedule by Project Manager, Resource Histogram, and Full Detailed Schedules for all projects. Review of City’s utility policy manual – CDM Smith has supported the City by performing a review of the City’s current Utility Policy Manual and associated engineering development application, forms, and approval process to define the necessary enhancements and modifications needed to streamline and improve the overall application and approval process. CDM Smith has facilitated workshops with City representatives from various departments to discuss the overall application process for the purpose of streamlining engineering, utilities, and planning processes. CDM Smith’s recommendations will be used to modify the policy manual and to develop an applicant’s handbook. CIP Prioritization CDM Smith has supported the City by providing CIP prioritization assistance and developing a CIP prioritization process for the CITY. Our team provided technical assistance and support through the identification of CIP projects, identification of evaluation criteria, definition of evaluation criteria and weighing of evaluation criteria. CDM Smith facilitated various workshops with the CIP planning team to guide them through the process. Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 33City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C CITYWIDE ROADWAY RESURFACING AND RESTRIPING PROJECT CORAL SPRINGS, FL 1. TEAM MEMBERS INVOLVED: John Chandler 2. CLIENT: City of Coral Springs, FL 3. LOCATION OF PROJECT: Coral Springs, FL 4. PROPOSED PROJECT MANAGER'S ROLE: N/A 5. START/END DATES: 10/2012 – 4/2015 6. BRIEF SUMMARY OF PROJECT: See below Each year, the City of Coral Springs performs roadway resurfacings on a rotating basis so that each road is maintained periodically and as-needed. Historically, the City prepared Florida Department of Transportation (FDOT) specifications and drawings for bidding to contractors. No resurfacing activities were performed in 2012, and some of the resurfacing activities from 2011 were incomplete, so the planned 2012 Road Resurfacing Program and the incomplete activities from the 2011 Road Resurfacing Program were merged with the planned 2013 Road Resurfacing Program. To address this request, the City selected CDM Smith to assist with the design, bidding, and construction services, including Construction Engineering Inspection (CEI), for the 2013 roadway improvements program. We began this project with a kick-off meeting, data collection, and field investigation that included review of geographic information systems (GIS) data, the City’s Pavement Evaluation Report and bid documents from the 2011 Road Resurfacing Program, and the City’s general asphalt resurfacing specifications. We then worked with City’s geotechnical consultant to locate utilities in the roadway. The CDM Smith team took notes and photographs during the field investigation to document observations, discussions, and recommendations. Next we prepared contract documents for bidding along with technical specifications. We designed and prepared construction documents to adhere to governing standards. The final drawings and technical specifications were developed to include the following major elements: proposed milling and resurfacing improvements, typical pavement section/details, signage and pavement markings, and pay items/quantities. We utilized the City’s CADD technicians for production of all drawings. As part of the design review, CDM Smith provided the City 90 percent drawings and coordinated with Broward County Traffic Engineering Division (BCTED) to check conformance with pavement markings and signage standards. We also provided bidding assistance services and general engineering services during construction for the seven miles of roadway resurfacing included in the 2013 program. In addition, we provided full-time CEI services during the project construction period to observe the performance of the work of the contractor. Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 34 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C BISCAYNE POINTE AND SOUTH POINTE NEIGHBORHOOD IMPROVEMENTS MIAMI BEACH, FL 1. TEAM MEMBERS INVOLVED: John Chandler 2. CLIENT: City of Miami Beach, FL 3. LOCATION OF PROJECT: Miami Beach, FL 4. PROPOSED PROJECT MANAGER'S ROLE: N/A 5. START/END DATES: 4/2013 – 10/2013 6. BRIEF SUMMARY OF PROJECT: See below The City of Miami Beach retained CDM Smith to provide construction management support for ROW CIP (also referred to as Neighborhood Improvement project) on an as-needed basis. Our team provided construction management services for water, stormwater, landscaping, irrigation, paving, and hardscape improvements, for the Biscayne Pointe Neighborhood Improvements design-build project. Under this contract CDM Smith provided services including review of the design plans, specifications, contract documents, contract special conditions, measurement and payment terms and project constructability issues, and also performed an independent project site assessment of the remaining work and quality of work performed up to date. We also prepared, lead, and participated in construction progress meetings, action items coordination, and held monthly special meetings with outside agencies including residents associations and other City departments. Our lead construction manager provided timely responses to City inquiries on the interpretation and clarification of contract documents, and further provided value engineering, technical advices, and assistance to the City during the construction period. Further, we reviewed monthly pay requests and made recommendations to improve the construction schedule. Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 35City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C WATERWORKS 2011 PROGRAM PUMP STATION REHABILITATION FORT LAUDERDALE, FL 1. TEAM MEMBERS INVOLVED: Maurice Tobon; Jonathan Goldman; John Chandler 2. CLIENT: City of Fort Lauderdale 3. LOCATION OF PROJECT: Fort Lauderdale, FL 4. PROPOSED PROJECT MANAGER'S ROLE: N/A 5. START/END DATES: 1/2002 – 2/2011 6. BRIEF SUMMARY OF PROJECT: See below The City of Fort Lauderdale selected CDM Smith as the wastewater consultant for the Waterworks 2011 Program. Our team was tasked with the analysis and rehabilitation of the City wastewater collection and transmission system. As part of the comprehensive analysis, a geographic information system (GIS)-based hydraulic model of the wastewater system and projected buildout flows for the individual collection basins were developed and calibrated. The analysis of 172 pump stations included five large regional booster/repump stations. The rehabilitations were prioritized based on a matrix of weighted parameters and grouped into bid packages based on similar construction and bonding capacity. The pump stations were modeled from actual as-built drawings for each station, with the actual pump curves from the equipment installed. Results were compared to the future flow model and design recommendations were made. Typical full rehabilitations included new pumps, motors, and controls; wetwells; new heating, ventilation, and air conditioning (HVAC); entry hatches for dry-pit stations; miscellaneous structural improvements; and aesthetic treatments. New submersible stations were constructed where possible. Twenty antiquated pneumatic ejector stations on finger islands were replaced with small submersible pumps by turning the dry pits into wetwells, and adding electrical provisions and controls. Older, staggered-horsepower designs were replaced with more efficient, true triplex designs where applicable. Each pump station was added to the model during construction submittal reviews to test the contractor- provided pumps in the model for meeting the design envelope at both peak and low flow (run out) conditions. Other minor rehabilitations that involved swapping pumps, impellers, or motors were provided to the City as technical specifications to perform in-house by City operation and maintenance (O&M) crews. Three large regional booster stations originally commissioned 25 years prior were also completely rehabbed with new 450-horsepower pumps and 4,160-volt (V) variable frequency drive (VFD) equipment under this program with state-of-the-art electrical improvements, and new supervisory control and data acquisition (SCADA), instrumentation and controls (I&C), and automatic station bypasses for low-flow periods, saving hundreds of thousands of dollars annually on operational energy costs. The rehabilitations were completed on time. Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 36 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C CONSENT DECREE COMPLIANCE PROGRAM AND INFRASTRUCTURE IMPROVEMENTS PROGRAM MANAGEMENT COLUMBIA, SC 1. TEAM MEMBERS INVOLVED: John Chandler 2. CLIENT: City of Columbia 3. LOCATION OF PROJECT: Columbia, SC 4. PROPOSED PROJECT MANAGER'S ROLE: N/A 5. START/END DATES: 7/2012 – 6/2022 6. BRIEF SUMMARY OF PROJECT: See below CDM Smith is the Program Management Consultant for the City of Columbia’s (CoC) $750M Clean Water 2020 Program (CW2020). The City of Columbia developed CW2020 to comply with environmental regulations, rebuild and expand its existing infrastructure, and to adopt and implement best business practices across the organization. The CW2020 formally responds to a US Environmental Protection Agency (USEPA) Sanitary Sewer Overflow (SSO) federal consent decree, in accordance with the Federal Clean Water Act. CDM Smith was selected to lead a team of locally-based firms to support the City with program cost, schedule, and scope control, as well as assisting in the planning and design coordination of all new facilities. Program management services are expected to extend for the next 10 years and include the development of expanded construction management practices and assistance in the delivery and administration of all projects within the program. We also provided support in the negotiation of a federal Consent Decree (CD) between the US Department of Justice (DOJ), the Environmental Protection Agency (EPA), and the South Carolina Department of Health and Environmental Control (DHEC). As an extension of staff model, CDM Smith works hand- in-hand with the existing CoC staff and management to accomplish the goals of the CW2020 program. Engaging in positive branding and acceptance of the program’s initiatives with CoC staff and the public, CDM Smith provides multi-department business process mapping, training on Standard Operating Procedures, formally documented gap analysis reports, staff newsletters, public outreach meetings, and public website development. In addition to outreach, CDM Smith performs a variety of tracking including CIP and Operations and Maintenance (O&M) budgets, project planning and prioritization, and overall project and program performance. CDM Smith also performs project management oversight for more than 50 projects, ranging from complex WWTP master plans to construction of sewer line and pump station capacity improvements and documents the project management guide sections for project managements to use as a reference throughout the project lifecycle. CDM Smith also provides technical expertise and management of 17 major consent decree deliverables plus quarterly and annual progress reports to the EPA and the implementation and coordination of the many related components of the required programs. Over the course of the program, it is anticipated that City staff capabilities will be expanded and that the outside program manager’s role will be reduced and eventually phased out, leaving the City with increased internal capabilities for capital planning and implementation. Program Management and Specialized Support CDM Smith provides core management activities including creating a collaborative workspace for team members, holding regular update meetings, undertaking high level issues that involve top level Program and CoC staff, developing internal and external outreach and communication methods, and positioning specialized technical and administrative resources to respond to the requirements of the Director of Utilities and Engineering and the Wastewater Engineer as an extension of staff. The objectives Program Management and Specialized Support are to provide structure and oversight for all CW2020 activities, review and provide recommendations regarding current business practices that may be affected by the increased number of projects planned, and provide training on systems and processes required to achieve CW2020’s mission. Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 37City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Program Controls The CW2020 Program includes a Program Controls task that encompasses management of several areas including progress reporting, budget, actual, and time-phased cost estimating, scheduling, information systems, documents, and measurement and analysis of CW2020 activities. The objective of Program Controls is to assist the CoC in understanding, managing, and retrieving data related to projects and CW2020 Initiatives. The information must be consistently stored in easily accessible systems to allow for reporting on individual or groups of projects or initiatives. CDM Smith is using technology tools, such as SharePoint to encourage the standardization of approach, procedures, and documentation. The CW2020 SharePoint site is customized to accommodate varying stakeholders, using user-based permissions and secure function-based sub-sites. In addition to using the site for program- and project-specific documentation, the CW2020 SharePoint site includes both collaboration sites for specific team-based needs and a reference library where standards, templates, and guides are located ensuring that only the most current versions are accessible to users. CW2020 also encourages use of the site through frequent user e-Bulletins and CW2020 Consultant Team only Reminders using in-house developed Outlook templates. The CW2020 formally responds to a USEPA Sanitary Sewer Overflow (SSO) federal consent decree, in accordance with the Federal Clean Water Act. Program Technical Support and Reviews Within the Program Technical Support and Reviews task CDM Smith supports the CW2020 Program in the areas of the Hydraulic Modeling Program, the Capacity Assurance Program (CAP), the Continuing Sewer Assessment Program (CSAP), the Infrastructure Rehabilitation Program (IRP), and the Financial Analysis Program. CW2020 closely coordinates these programs with other related programs including the Sewer Mapping Program (SMP), the Information Management Program (IMP), and other Capacity, Management, Operations, and Maintenance (CMOM) Program elements. In addition, resources provided under this task supported final Consent Decree (CD) negotiations with the US Environmental Protection Agency (EPA) to assist in structuring a CD framework which is logical, consistent, and implementable with overall program objectives. Design Management Support The Design Management Support task of the CW2020 Program was established to help ensure that new and ongoing projects receive appropriate levels of oversight and coordination. This is accomplished by providing additional staff resources for project management and by developing and documenting standard procedures to allow for efficient management of the large volume of projects planned. Construction Management Support Construction Management Support was established to enable the CW2020 Program to provide the CoC with construction inspection support services on major projects, as well as the implementation of the Construction Management (CM) Gap Analysis’s approved recommendations to better facilitate and streamline the execution of the construction phase of projects. The recommendations from the CM Gap Analysis focus on business process improvements, documentation improvements, and the standardization of front end specifications in contact documents that govern the execution of construction projects. Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 38 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Wastewater Collection and Transmission System (WCTS) O&M Program, Training and Support Service The WCTS O&M Program, Training and Support Service task of the CW2020 Program encompasses several programs and evaluations focused on training, collection of data, business processes, internal communications, customer service programs, management information systems, organizational structure, and SSO notification programs. The largest and most comprehensive of these programs is the Management, Operations, and Maintenance Project (MOM). The purpose of the MOM assessment is twofold: (1) to assess the City’s performance relative to the MOM requirements and (2) to identify business practices that will enable the CoC’s wastewater collection system to improve performance while meeting future growth. WWTP Operations Program Including Training As part of the CW2020 Program, the WWTP Operations Program including Training task includes providing specialized technical resources to assist the CoC in developing and implementing Metro Wastewater Treatment Plant (Metro WWTP) programs and systems. The comprehensive Operations and Maintenance Training Programs for each of the operations and maintenance departments are built around organizational position assessments for each department’s staffed positions, establishment of core competencies and certification requirements, and development and implementation of training programs which address the competency and certification needs of the staff. The Process Controls Program reviews monitoring plans, performance measures, and process controls at the Metro WWTP. Lastly, the CoC has chosen Cityworks® as its computer Maintenance Management System (MMS) to manage its infrastructure work order and maintenance programs and to develop and manage data and information in order to better support equipment maintenance by the CoC. The CW2020’s objective is to provide guidance and direction to the Metro WWTP Operations and Maintenance Departments as they perform the required business assessments, prioritize needs and resources, and strive to achieve the goal of a Best in Class Utility. Information Management System Development The CW2020 Program Management Team under the Information Management System Development task will continue to develop and implement an overall Information Management System (IMS) to be used by the PMT and CoC staff to review, store, manage, and integrate the data generated throughout both ongoing and future projects. The eventual IMS Program will be documented and submitted to EPA within one year of the Date of Entry of the CD. As part of the initial implementation of the Information Management System, CDM Smith has taken temporary ownership of the City of Columbia’s wastewater GIS database with the overall goal of returning a more complete and traceable network. This workflow also entails creating customized and automated quality assurance/quality control (QA/QC) tools used to inspect contractor data submittals prior to incorporation into the network. Backlogged asset data collected by CoC will also be tracked and incorporated into the network. Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 39City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C READY FOR TOMORROW THE CITY OF SALEM CLIMATE CHANGE VULNERABILITY ASSESSMENT & ADAPTATION PLAN February 2015 CLIMATE CHANGE VULNERABILITY ASSESSMENT AND ADAPTATION PLAN SALEM, MA 1. TEAM MEMBERS INVOLVED: Lauren Miller 2. CLIENT: City of Salem 3. LOCATION OF PROJECT: Salem, MA 4. PROPOSED PROJECT MANAGER'S ROLE: N/A 5. START/END DATES: 3/2013 – 2/2015 6. BRIEF SUMMARY OF PROJECT: See below The City of Salem, MA, is actively concerned with sustainability issues. As a coastal, historic city, Salem recognized the potential implications that climate change could have on the future of the City. CDM Smith partnered with Salem in 2013 – 2014 for the CDM Smith-sponsored Research and Development project, to conduct a Climate Change Vulnerability Assessment and Adaptation Plan. Throughout the project, CDM Smith staff collaborated with City of Salem staff and a Working Group of Salem-based stakeholders, identified by the City. CDM Smith engineers, planners, and scientists from multiple disciplines contributed to this project’s success. The Vulnerability Assessment included the following tasks: ƒClimate Models and Research: Using the latest global climate models, research from the National Oceanic and Atmosphere Administration (NOAA), and other sources, CDM Smith staff downscaled the climate impacts of 1) sea level rise and storm surge, 2) increased occurrence of the “current” 50-year and 100-year storms, and 3) increased days of 90˚F to be Salem-specific. ƒFuture Climate Impacts: CDM Smith prepared a technical memorandum that documents the research and analysis done to predict the three prioritized climate impacts. The results provided the basis for assessing the City’s vulnerable sectors. ƒVulnerability Assessment: The assessment focused on seven sectors: 1) drinking water, 2) wastewater/sewer, 3) stormwater, 4) transportation, 5) energy, 6) critical buildings, and 7) critical populations. CDM Smith compared the sensitivity of a sector to its adaptive capacity to measure vulnerability under the conditions of the projected impact. This method is a component of International Council for Local Environmental Initiatives (ICLEI) climate change adaptation guidance. The data used for assessing vulnerability was a combination of the results from the climate impact assessment, GIS data, and interviews with critical stakeholders in each sector. CDM Smith determined each sector’s sensitivity by focusing on: ƒSensitivity to current and future climate conditions ƒImpact thresholds to determine if future climate impacts potentially exceed infrastructure design and engineering thresholds, or disrupt operations ƒAdaptive capacity to assess the ability to return to normalcy after a disruption from a climate event and/or the ability to deter and minimize long-term impacts ƒAdaptation Plan: The second phase of the project was to create an Adaptation Plan that outlines specific strategies for the City to make their climate vulnerable areas into climate resilient areas, including: ƒA risk assessment to determine which of the vulnerabilities have a high risk of occurring. The risk is based on the likelihood of the climate impact occurring and the economic, health and safety, cultural and historical, and ecological and environmental consequences. High risk-high vulnerability concerns were a priority to address with adaptation strategies. ƒA determination of which other vulnerabilities were a priority for the City to address (other than high risk-high vulnerabilities), were be based on the alignment with existing plans, policies, or programs, funding availability to implement the project, and the City’s control over the project implementation. ƒThe final step was to determine specific adaptation strategies that will address particular vulnerabilities. These strategies were be related to infrastructure improvements, zoning or ordinance changes, planning projects, etc. The results of the study were summarized in a Vulnerability Assessment and Adaptation Plan Report the City can use internally and to communicate with the residents, businesses, and industries. Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 40 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C 2C.III EXPERIENCE OF PROPOSED PROJECT MANAGER José A. Rodríguez, PE will serve as our senior project manager working at the City. He will be responsible for supporting City staff with management and administration of multiple projects from inception to completion reporting to the environmental services department on a daily basis. He brings 30 years of experience in project/program management, having served as the lead manager in several key assignments in both the US and internationally. Experienced Senior Project Manager José is knowledgeable in the full range of capital planning and implementation requirements, including project/ program management, project controls, financial tracking and reporting, and quality management. He is a diligent and talented leader who offers the City strong project management skills, outstanding and professional work ethic, and excellent communication skills. He is organized, responsible, and committed to serving not only City staff and the CDM Smith organization but also dedicated to the community. José has successfully managed multi- million dollar programs in a variety of fields ranging from emergency water relief efforts in Central America to Airport capital improvements in Miami. Excellent Track Record of Project Delivery As operations manager for the CDM Smith affiliate company in Puerto Rico (CDM Caribbean Engineers P.S.C.), José was tasked with supporting a $1.2B CIP under implementation by the Puerto Rico Aqueduct and Sewer Authority (PRASA) in the West, South, and East Regions of the island. This key assignment included the coordination of a multidisciplinary team of island-based CDM Smith staff and local Puerto Rico consultants, supported by technical and management advisors from CDM Smith in the US. Most services were intended to be provided on-site in Puerto Rico and included all facets associated with the project life cycle such as planning, land acquisition, detailed design, permitting, bidding, construction management, plant start-up, and extended start-up services. The program currently included approximately 190 projects in varying stages of implementation. José's participation included financial monitoring, managing project control and document control efforts, contract management, specialized support, and quality management. Results were measured on a program-wide basis rather than on individual projects. During the first five years of the program CDM Smith was able to reduce time extensions (schedule) and construction change orders (cost) by a significant amount, compared to the projects being managed directly by the Client. Under the guidance of José, change orders were reduced from 12 percent to 2.6 percent—equivalent to a 79 percent drop in change order cost. Additionally, time extensions were reduced from 94 percent to 22 percent—equivalent to a 78 percent drop. This resulted in an overall estimated savings of $35M – $50M in construction/implementation costs. Spotlight on our Senior Project Manager "I am accustomed to high-paced, metric-based delivery, ensuring project goals and objectives are met. I highly value commitment, team work, efficiency, and initiative and am 100% committed to the City"José A. Rodríguez, PE José has SUCCESSFULLY managed MULTI-MILLION DOLLAR PROGRAMS in a variety of fields, including PRASA'S $1.2B CIP. Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 41City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C help define who a business is and how they want to operate. The City’s core values are Service, Performance, Integrity, Responsible, Innovative, and Teamwork. José is the epitome of these core values. Core December 26, 2012 To whom it may concern, José A Rodriguez, PE performed services as Program Manager for PRASA’s Capital Improvements Program in the West Region of Puerto Rico from September 2005 to August 2006. Subsequently, Mr. Rodriguez performed services as Operations Manager and Quality Manager for PRASA’s Capital Improvements Program in the West, South and East Regions from August 2006 to date. Mr. Rodriguez always provided services in a professional and effective manner, and showed a deep commitment to the interests of PRASA in this key Capital Improvements Program. Sincerely, José F. Ortiz Vazquez Executive President “It was my great pleasure to work closely with José during the Program for PRASA. José was a valuable contributor to our team’s success. He proved to be dedicated, innovative, trustworthy, and hardworking, always striving to deliver quality and timely work. José performed his work professionally and diligently, with a strong desire and commitment to exceed both mine and the client’s expectations.” Victor J. Pujals, PE, BCEE Senior Vice President, CDM Smith Service “José is my commercial operations manager and one of the professionals I’ve most admired in my career. José is a terrific internal manager and I can venture to advance from such a long knowledge of him that there few financial managers in the firm who have more general knowledge than he possesses and none whose soul is more firmly engaged in self-improvement or who exceed him in probity and virtue.” Eliu O. Perez Senior Vice President, Latin America and Caribbean Group Manager, CDM Smith ResponsiblePerformanceIntegrity Innovative Teamwork 2C.IV TEAM MEMBERS RESUMES We have included resumes for our proposed team members at the end of this chapter. Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 42 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C 2D Approach & Capacity DELRAY BEACH A PROGRESSIVE COMMUNITY FOCUSING ON AGING INFRASTRUCTURE While a community’s infrastructure has historically been taken for granted by the general public, it is increased prominence as one of a municipality’s most valued resources. Indeed, this Project Management Services Request for Qualifications (RFQ), identified by the City of Delray Beach (City) is an opportunity to further enhance its image as a progressive and development-oriented City, by providing a modern infrastructure that will promote economic development, enable growth, increase property values, enhance tourism, and improve the quality of life for its citizens. The capital needs of the City relate more to asset repair and replacement as facilities age. Delaying infrastructure improvements will lead to further deterioration and increased cost. This Project Management Services RFQ will provide the City a Consultant to deliver in-house Project Management professionals acting as an extension of City staff with the primary role of managing and administering multiple capital improvement projects. The scope of services includes support and advice to the City in project related matters; overseeing the work of other consultants; and coordinating and communicating with City staff, local governmental, and non-governmental agencies. The Consultant will provide a full range of services, including assistance with development of project procurement; and management of capital projects. The Consultant will also provide assistance with contract administration and oversight of contractors and engineers for capital projects. Specific tasks identified in the Scope of Services include review of City contracts and neighborhood revitalization and sustainability initiatives. CDM Smith understands the City's goals under this project management contract, and our team is available, local, and qualified to provide quality project management solutions. 2D.I PROPOSED APPROACH AND METHODOLOGY FOR PROJECT MANAGEMENT SERVICES Project Management Framework – Integration of Staff/Project Methodology and Prioritization Development A Project Management approach and dedicated Project Management processes, tools, and skills developed during execution of the scope are anticipated to set the stage for the City to continue with the implementation of additional capital improvements that may be needed beyond the term of this contract. Our plan to fulfill the requirements of the Project Management Services RFQ is to provide support and staff augmentation where needed, to supplement City staff and capabilities, and to continuously transfer knowledge and responsibility to staff through the course of the projects. Building collaborative working relationships with City staff at the very beginning in order to establish goals and objectives, understand City’s processes and procedures and provide recommendations for tools, processes, and systems that will support an organized plan, improve project progress, reduce overall costs, and develop career growth opportunities for City staff. Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 43City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C We understand the overall status of the City’s projects and that several of them need immediate attention to issue suitable packages for consultant procurement, design, bid and/or under construction as soon as possible. Recognizing this, our Priority No. 1 is to support City staff and start-moving projects out the door without having to wait for the overall planning process to be completed. José A. Rodriguez, PE will be available on Day 1 to review, implement, prioritize, and essentially meet your immediate needs and goals to expedite projects and reduce backlog. Our team will engage immediately after being selected by the City and during the first 90 days will proceed with an Immediate Action Plan. José, with technical support from Maurice Tobon, PE, PMP (a key technical advisor and experienced utilities manager), will lead these efforts. Quickly integrate City and CDM Smith staff Review existing information and the status of previously-initiated and FY 2017 projects, develop project methodology to more efficiently procure and complete the construction Work with City staff to understand prioritization needs, develop prioritization criteria Develop a knowledge of all existing City policies, procedures, and processes Review and develope baseline schedules, project tools and reporting methodologies Develop public outreach plan(s) for the projects IMMEDIATE ACTION PLAN: ON DAY 1, THE CDM SMITH TEAM WILL ENGAGE WITH THE CITY TO DEVELOP AN IMMEDIATE ACTION PLAN Scheduling, Project Controls, and Reporting Program controls are a critical operational element central to meeting schedule, quality, and cost requirements. During the initial discussions with the City, decisions will be made related to the appropriate tools and processes to be utilized to support project execution, reporting, and internal and external communication activities. Accurate, realistic schedules will allow for resource planning, for both the City and our support staff. ƒCDM Smith will work with the City to develop scheduling and tracking systems to enable project-level tracking, visibility, and control. The schedule will be used throughout to plan, deliver, and account for all project activities. ƒDocument management is the foundation of the communications plan, and serves a vital role in managing costly conflicts, change orders, and claims. Formal procedures make for an effective and consistent organization. CDM Smith will support the development of robust communications, to provide the City with the foundation for the collaborative environment required to meet and/or exceed the City’s objectives. ƒIn order to keep all stakeholders well informed of the status and progress of the projects, routine performance tracking and reporting is planned to allow the City increased control over schedule slippage and knowledge of concurrent projects. 2D.II PROPOSED APPROACH AND METHODOLOGY FOR ENGAGING WITH CITY REPRESENTATIVES Effective Project Management and Delivery The heart of Effective Project Management and Delivery will be supporting the City in project delivery. Properly and effectively managing consultants is the core of CDM Smith’s team business and capabilities and will be very important during the execution of this contract. There will be many projects working concurrently—consistency will be critical. Designs will have to be managed to comply with the City’s Engineering Standards and Details. Focusing on high-quality design and bidding documents is paramount to keeping bid prices low, and change orders to a minimum. Project planning and execution will be based on “doing it right the first time” philosophy. In our experience, effective and efficient delivery of each project is accomplished when key system elements are thought through and executed with due diligence. Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 44 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Successful task and project level performance is the foundation of effective project management. CDM Smith will work with the City to achieve delivery of accurate and high quality work, completed on time and on budget for each project, task or contract. By collaborating with all parties and managing our internal tasks, we will facilitate effective project meetings to resolve issues, review upcoming tasks, and monitor budget and schedule performance. Note that CDM Smith has supplemented the team with a bench of design engineers to support value engineering and/ or detailed design review efforts with specific capabilities in the areas of neighborhood revitalization and combined infrastructure replacement programs. Due to the size and complexity of managing the many contracts and stakeholders working within the City, we also know you will need assistance in providing Construction Management services. Construction management is a key component of any project because it provides the quality assurance and controls necessary to ensure the projects have been properly constructed. Minimizing change orders by proactively addressing change management issues is a function of a properly managed project which our team will follow. ƒCoordinate and manage design consultants ƒAssist the City in negotiating design scopes ƒConduct review of preliminary and final designs ƒProcess and transmit plans and coordinate projects with stakeholders ƒResolve design issues and make recommendations to the City ƒCoordinate and track permitting activities ƒPerform community outreach and hold public meetings ƒSupport the design consultants in review of shop drawings and answering requests for information ƒMonitor, coordinate, and manage construction ƒRecommend resolution to construction issues to the City and design consultants ƒReview progress schedule, shop drawings, and schedule of values ƒAttend meetings ƒDistribute shop drawings, RFIs, and submittals ƒAssist the City with change order negotiations and claims resolution ƒReview and recommend pay applications for approval ƒMonitor design consultant services during construction ƒPerform community outreach and hold public meetings Specifically, José will provide support during construction phase management services to augment City staff including: Specifically, José will provide full-time overall design phase management services to augment City staff including: Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 45City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C For construction support, our bench can provide full-time or part-time construction management and/or inspection services, as needed. We have been doing this work out of our local office for more than 30 years. In addition, to further enhance project management our team has effectively worked with many consultants and contractors within other programs and will: ƒReview all deliverables for accuracy and quality ƒEngage YOU in decision making and progress meetings ƒReview, process, and approve of invoices within required time limits ƒMaintain a complete and accurate set of deliverables, submittals, meetings, and project documentation 2D.III OVERALL APPROACH TO DELIVERING THE SCOPE OF SERVICES AND ANY STRATEGIES PROPOSER PROPOSES TO IMPLEMENT Performance Monitoring Key Performance Indicators (KPIs) CDM Smith plans to implement a continued and effective effort for performance monitoring, tracking, and reporting through the use of Project Controls tools. Project management KPIs are generally agreed upon early in the project. Understanding the role of KPIs in project management can help build team synergy and provide a framework for the data collection needed to keep track of organizational project success. ƒEffective assessment of current project status vs. baseline ƒForecasting of future project performance and make changes ƒCorrective actions ƒPreventative actions ƒRe-steering ƒImproved accountability and credibility ƒActual vs. planned performance ƒGives upper management and elected officials confidence about project performance ƒBudget and schedule optimization Collectively, KPIs are a powerful management tool to bring about organization-wide success, effective KPIs should be: ƒAgreed upon by all parties before the project(s) begin ƒQuantifiable measurements that can be shared and analyzed across departments at any time ƒRegularly measured ƒDirected toward the benefits the project seeks ƒA basis for critical decision-making ƒAligned with objectives ƒRealistic, cost-effective, and tailored to the City’s mission ƒSpecific to the organization and the particular project Keeping track of accurate metrics can identify where more direction is needed or where plans and other resources, such as training, should be allocated. Top project management benchmarking measures may include return on investment (ROI), cost performance, schedule performance, and health and safety (H&S) compliance. Reporting and Communication The success of any capital plan is tied to the ability to communicate proactively. CDM Smith will provide concise, timely information to the City Environmental Services leadership team and City management for further information to City Manager, City Commissioners, regulators, general public, and other stakeholders to build a level of trust and credibility. Methods of sharing information will be tailored to the needs of the various stakeholders as well as the possible need to maintain confidentiality with certain types of information. Advertise Success The CDM Smith team will support the City to translate the aging infrastructure improvement efforts progress into educational and communication material for various public audiences, Delray Beach CRA, and regulatory agencies. This type of open positive communications brings public confidence into the projects, which will lead to additional public support. We understand that the City is progressive and has made a commitment to focus funds towards renewal and replacement (R&R) of infrastructure, maintain a balanced budget and to build trust within the community. José as a key member of the PRASA program has this experience and can support City staff in this regard. In addition, we have included The Merchant Strategy, Inc. on our team if the City needs support to develop educational and outreach material for the overall community. The team would work together with the City to create a message that resonates and adds confidence to the CDM Smith is a firm believer that adequate project controls and associated Key Performance Indicators (KPIs) will help minimize project risk and maximize opportunities for successful delivery due to: Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 46 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C residents and stakeholders. Based on out teams’ experience, some of the concepts that we can incorporate to support the City and get the word out include: 2D.IV WORKING KNOWLEDGE AND UNDERSTANDING OF THE SCOPE OF SERVICES The City currently operates and maintains a large network of infrastructure integral to serving the public including a 26 million gallon per day (mgd) lime softening treatment facility with associated water supply wells; 430 miles of water distribution and transmission mains; 355 miles of gravity sanitary sewer and force mains with 127 wastewater pump stations for ultimate treatment and disposal at the South Central Regional Wastewater Treatment Plant (SCRWWTP); 26 miles of storm drainage lines with inlets; 24 miles of reclaimed water lines; 113 City-owned facilities and buildings; and 275 miles of streets and associated lighting, traffic calming, landscaping, and signage. This is a very extensive system with considerable maintenance requirements. The City has made significant progress in planning and prioritizing projects, developing a multi-year program to handle deferred maintenance, and coordinating related construction projects to increase overall efficiency. However, this is just the beginning, with downtown redevelopment and the progression to viable urban living, a sustainable, holistic approach to repair and replacement of the infrastructure network is continually necessary. As part of this RFQ, the City has requested that the proposer provide the following scope of services: ƒConduct neighborhood meetings with an “open book” approach that provides timely and accurate information to the public. ƒDevelop monthly newsletters available to the City Commission and public that highlight the current status of projects and key metrics. ƒSupport the City’s efforts to communicate via the website, Twitter, and Facebook by providing project status photographs and taglines on a consistent basis. ƒSupport and Advice to City in project related matters ƒOversee work of other Consultants ƒCoordinate and Communicate with City staff, governmental, non-governmental ƒDevelopment of Project Procurement ƒManagement of Capital Projects ƒContract Administration ƒOversight of contractors/engineers ƒReview of City contracts and initiatives As demonstrated herein, CDM Smith understands these needs and consistently provides these scope of services for our clients. The City has made significant progress in initiating the prioritization process and communicating the needs to the public. CDM Smith will provide José Rodriguez as a proven project manager who will intimately work with the City to execute the tasks noted. José will work with the City and utilize the mutually- developed framework to take the projects from inception to completion and deliver them on schedule and on budget with a focus on project delivery during design and construction: ƒOversight and Coordination of Design Services – José will leverage his experience as part of the PRASA program with support of City staff to efficiently prepare the design scope(s) of work but will also recommend methods to package design work and closely monitor the design scoping and/or procurement process. The approach assures that appropriate attention is focused on individual project schedules and technical approach, as well as a summary schedule with all City projects and a consistent procurement strategy. Effective design management is based in the uniform implementation of efficient design processes and procedures that can be applied across a range of projects. The overall goal of these processes and procedures is to produce efficient, comprehensive project designs that will minimize overall program costs, improve value, reduce risk, and result in on-time delivery of fully- functional facilities. As an integral member of the PRASA program, José was tasked with supporting project delivery on schedule and within budget. His responsibilities included: developing, negotiating, and managing the scope of work, schedule, and budget; coordinating and managing subcontracted work; reviewing and approving invoices; and complying with CDM Smith’s quality standards in all deliverables; conducting progress meetings and providing project training, education and outreach for internal PRASA staff. PROVEN PROJECT MANAGER Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 47City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C ƒOversight and Coordination of Construction Services – The intent is for our senior project manager, José, to support all projects from design through construction. This provides continuity of the project, startup, and operations. The framework and project controls put in place, as previously discussed, will provide a vehicle for consistency in handling procurement issues, delay and cost claims, and change order requests. In addition, a scheduling tool such as Microsoft Project and/or Primavera P6 will support better tracking and adherence to deadlines. CDM Smith often requires that the Contractor submit schedules in a format that can be incorporated into the overall project schedule, managed by the City. 2D.V BRIEF SUMMARY OF ALL CURRENT AND FUTURE ANTICIPATED PROJECTS CDM Smith has immediate availability and capacity to assist the City. Our current backlog of work is strong, however, we have the ability and need to perform additional work in the near future. With a large pool of professionals, our team is able to work efficiently to complete any project assigned under this contract in a timely manner. This affords us the resources available to handle acute short-term spikes in workload, and our past track record indicates that we have been successful in effectively handling multiple projects concurrently. We have assembled a strong group of professionals and support personnel in the Boca Raton office to deliver work to our clients. Although we effectively manage our workload and staff, applying their expertise to multiple projects based on current requirements, we can also offer the City the reassurance that CDM Smith has over 5,000 staff members firm-wide and nearly 400 in Florida that could contribute in the event we need to exert extra efforts to complete the assigned project work. In summary, CDM Smith has resource availability to handle acute short-term spikes in workload, and our past track record indicates that we have been successful in effectively handling multiple projects concurrently. Table 2D.V-1 lists ongoing projects in our Boca Raton office. This program is a priority to CDM Smith. José is available full time and all other resources have part-time availability. Suzanne has the corporate authority to muster resources of a wide range of experience and competencies. Our firm has ample capacity to provide personal and balanced workload. It is what we do day-in and day-out. We keep our client’s happy and repeat business is over 85 percent. Table 2D.V-1: Workload Table Project Name End Date Seacoast Utility Authority Membrane Conversion Project October 2016 Boca Raton Residuals System Construction Services October 2017 Broward County Master Pump Stations Project February 2017 SFWMD Lakeside Ranch STA-South Engineering During Construction March 2018 Boynton Beach Ion Exchange Design-Build December 2016 Broward County Electrical Load Center Design and Bidding Services September 2016 West Palm Beach Program Management Consulting Services January 2017 Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 48 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Proposer's Availability to Meet in Person, Via Telephone, and Online with the City Staff José will support the City from either the City’s offices as an embedded member of the staff or from our local, Boca Raton office, which is only 6.4 miles, or 13 minutes, away from the City of Delray Beach’s office (Figure 2D.V-1). His close location to the City allows for him to be readily available to meet with the City. It is our intent that José will support the City from either locatio, a full 40 hours per week with direct access utilizing cell and office phones. José is very engaging and prefers consistent communication with all parties—this would include City staff and consultants. Additionally, CDM Smith offers new and innovative methods to conduct meetings via the internet, intranet, teleconferencing, NetMeeting, eRooms, and Skype. This technology can be utilized for when Jose is unavailable to meet face-to-face, but more likely for when support personnel is needed The use of these innovative methods has enabled CDM Smith to fast-track a number of projects that might otherwise have been slow to progress due to scheduling conflicts. Below are brief descriptions of such computer-based meeting capabilities. ƒAudio Conferencing – A conference call for three or more people, by itself or with any of the other meeting tools listed for invited participants, within or outside CDM Smith. ƒNetMeeting – A presentation or meeting to collaborate on a project, within CDM Smith’s network; small groups within CDM Smith. ƒWorldcom Net Conferencing Presentation Tool – A presentation within or outside CDM Smith’s network, must be certified to lead a presentation, for invited participants, within or outside CDM Smith. ƒWorldcom Instant Net Conferencing Collaboration Tool – A meeting to collaborate on a project by sharing an application or file within or outside CDM Smith’s network, for invited participants, within or outside CDM Smith. ƒeRoom – A collaborative web-based shared space for projects. CDM Smith maintains two eRoom servers, one accessible over CDM Smith’s network, the other available through the Internet. Project team members, within or, using the external Web Server, outside CDM Smith can access the eRoom. ƒSkype for Business – CDM Smith utilizes Skype for Business to provide video conferencing which has proven to be invaluable in maintaining clear, efficient communications regarding staffing needs, budget and schedule status, and staff performance. CDM Smith also has established a program utilizing Microsoft Surface Pro tablets for our field personnel to relay information faster, search websites for latest updates, photograph and send via email for home office review and quicker decision making. When the task(s) includes reviewing existing materials and providing a substantial deliverable, we will start by gathering the right staff resources. We will schedule a Skype meeting or conference call and will provide an agenda with preliminary questions and ideas for discussion with the City. In consultation with the City’s staff, we will define the necessary deliverable(s) and establish a timeframe for delivery of draft and final document. We anticipate using conference calls and Skype technology to limit travel costs and increase the time spent assisting the City immediately rather than spending time traveling. Figure 2D.V-1: Our senior project manager is located only 6.4 miles away from the City of Delray Beach offices, allowing him to be readily available to meet with the City on a short notice. Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 49City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C 2D.VI DETAILS AND BREADTH OF DISCIPLINES, EXPERTISE, AND TECHNICAL SUPPORT AVAILABLE The wide range of projects completed by CDM Smith over the past six decades provides our clients with a comprehensive experience base. Having this knowledge and in-depth understanding of project challenges will provide the City with the optimum solution that fits your needs. We offer design and construction services in a wide variety of services including: Streets and Roadways CDM Smith’s extensive experience working with federal, state, and local transportation agencies provides the know- how to facilitate and complete complex street and highway projects to meet the needs of all stakeholders. We are also familiar with all of the associated tasks that may be included when evaluating, assessing, and recommending upgrades to roadways, including safety upgrades, traffic signal design, intersection improvements, and addition of pedestrian/bicycle/ transit features. Our pavement and roadway specialists are experts in implementing pavement management systems for municipalities. We also bring certified roadway and bridge inspectors with experience in assessing existing conditions and recommending repairs to improve structural reliability. Our engineers maintain a thorough understanding of new technology and regulations, and can provide the understanding and foresight to develop projects that will meet needs well into the future. CDM Smith has helped numerous clients throughout Florida and the Nation develop more pedestrian friendly areas by providing design services for traffic calming, and beautification (period lighting, fencing, greenery and general landscaping), while complying with local, state, and federal regulations. Our team comprises professionals trained in the field of landscape architecture. Knowing what elements are eligible for federal and/or state funding is a key factor in the success of this project. We have also assisted numerous clients with period lighting programs. We have in-house licensed electrical engineers who have the skill and expertise to design a street or sidewalk lighting program that offers safety, aesthetics, and uniformity while being environmentally sensitive to increased lighting that may cause “light” pollution. Sustainability While CDM Smith inherently incorporates sustainable concepts into each project, our approach has evolved to a more holistic view of the environment. We bring that approach to our clients and our projects through a variety of strategies, based on the client organization’s goals, needs, and budget. Through proactive stakeholder-based approaches to sustainable urban revitalization, we are focusing on improving the quality of life, enhancing the environment, and creating economic opportunities. Our multipurpose projects bring together environmental planners, engineers, systems modelers, and landscape architects to restore and preserve waterways, downtowns, and the environment. Climate Action Plan, City of Boynton Beach, FL: CDM Smith assisted the City of Boynton Beach in developing a Climate Action Plan (CAP) to advance the City’s energy conservation, water conservation, and environmental sustainability goals. The City’s Energy Conservation Strategy (ECS) was developed with the goal of establishing a program that provided job creation, preservation, and economic recovery. These ECS programs were incorporated into the CAP with special emphasis given to activities that persist beyond the funding period and promoted energy market transformation, such as revolving loans, low-cost loans, energy savings performance contracting, advanced building codes, building and home retrofit incentives and policies, and transportation programs and policies. LOCAL SUSTAINABILITY EXPERIENCE Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 50 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Reclaimed Water and Wastewater Treatment Water reclamation and reuse have become increasingly attractive options for conserving water and disposing of effluent. Reclamation and reuse can eliminate surface water discharges, improve water quality, and reduce irrigation demand on potable water supplies. CDM Smith works with individual communities to tailor effective, economical water reuse and conservation programs that meet the specific water resources needs of that community. We also help gain broad public acceptance of water management strategies. The planning, investigation, and design of wastewater treatment and collection systems represent a cornerstone of CDM Smith’s engineering consulting services. Figure 2D.VI-1 is representative of our Florida reclaimed water project experience. Our design and construction experience encompasses a wide variety of treatment process types and facilities for primary, secondary, and advanced levels of treatment for completely new construction, as well as for rehabilitation, expansion, and upgrade of existing facilities. We have designed numerous tertiary facilities and membrane treatment facilities as well as chlorination/dechlorination, ozone, and ultraviolet (UV) irradiation systems, wastewater collection and transmission systems, pumping stations and have performed odor and corrosion control studies, infiltration/inflow (I/I) analyses, sewer system evaluation studies, and sewer rehabilitation projects. Figure 2D.VI-1: From new construction to rehabilitations, we have extensive reclaimed water and wastewater treatment experience throughout the state of Florida. STATEWIDE LEADER IN RECLAIMED WATER Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 51City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Sanitary Sewer CDM Smith offers the City a team with unparalleled and extensive experience in the design and rehabilitation of sewer and water lines. In the past 10 years alone, we have completed more than 700 sewer design and rehabilitation projects around the country. Projects have ranged from small lateral sewers to large interceptors, outfall treatment stations, and force mains of all sizes. The design and construction of sewer system rehabilitation, specifically, has been an important part of our business since the firm’s founding. Services include modern trenchless rehabilitation; cleaning, testing, and sealing pipe joints; manhole rehabilitation; repairing and replacing sewer pipe; sump pump removal; spot repairs; service replacements; separation of combined sewers; manholes; and direct inflow source removal. Many of CDM Smith’s undertakings have included the design and construction of rehabilitation of small and large diameter sewer projects in urban areas. Our relevant experience includes the City of Fort Lauderdale Capital Improvement Plan Wastewater Program. This $250M, 10-year project involved the planning, design, and construction of new transmission force mains, sanitary sewer systems, and water main improvements and pump station and wastewater treatment plant (WWTP) upgrades. Water Distribution, Sewer Collection System, and Force Main From its very beginnings, CDM Smith has been a leader in the development, treatment, and delivery of reliable water supplies. Examining the source of a client’s water supply— groundwater, reservoirs, lakes, and rivers—is the first step in providing safe and adequate water to a community. Additionally, our water treatment engineers have designed approximately 2,500 new or expanded WTPs—locally, nationally, and internationally, ranging from 1 mgd to 2,020 mgd. Lift and Pump Station Design Our engineers are experienced in hydraulic modeling; pump station design; pipeline design; plant hydraulics; water storage; water distribution/transmission system studies; and the planning and design of storage, transmission, and distribution facilities. Our services have included technical investigations, hydraulic analyses, preliminary and final design, construction services, and maintenance consulting for pump stations of up to 6 bgd. Additionally, we have over 68 years of experience of utilities, pipeline, and conveyance projects with a wide range of pipes, pipe diameters, and geotechnical situations. The planning, design, permitting, and construction administration of wastewater collection and pump station projects have always been a core of CDM Smith’s business. We have designed hundreds of pump stations, many of which have complex pump station hydraulics and force mains, and have worked on pump stations ranging in size from less than 1 mgd to 6 billion gallons a day, including this aesthetically pleasing pump station situated in an affluent residential community in St. Petersburg, FL. AESTHETICALLY PLEASING NEIGHBORHOOD DESIGNS STATEWIDE LEADER IN RECLAIMED WATER Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 52 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Civil Engineering Well-designed site layout and infrastructure/utility support is essential for successful development or redevelopment. Our site/civil engineering experience includes drainage studies/design, environmental/historic permitting, geographic information systems (GIS), land usage, landscape architecture, land surveying, marine facilities, parking lots, site development, subdivision design, site drainage, topographic services, utility relocation, and wetlands delineation. Specialized civil engineering support services are aimed at offering the full complement of civil engineering expertise including capital improvement and transportation funding assistance; wetlands mitigation; environmental remediation; geotechnical services; heating, ventilation, and air conditioning (HVAC); electrical engineering; laboratory analysis; public participation; and construction services. Wells/Supply Wells As one of the largest consulting firms in the nation, CDM Smith offers the experience of 68 years of utilities, pipeline, and conveyance design and construction projects. As such, groundwater supply development is a major component of CDM Smith’s water services. We are experienced in every aspect of groundwater supply development, from the initial hydrogeologic investigation and aquifer testing phase, to the design and installation of production wells, pumps, and wellhead controls, through design of related transmission, treatment, storage, and distribution. We have helped communities worldwide to locate, investigate, and develop potential groundwater supply sources. We have also assisted in the maintenance, rehabilitation, restoration, and management of existing supplies. In addition, our pipeline experience is extensive with a wide range of pipes, pipe diameters, and geotechnical situations. CDM Smith has participated in over 1,000 projects in the past 10 years involving the design of pipelines, tunnels, and subaqueous pipelines, focused on reliability, efficiency, and economy, applying state-of-the-art innovative technologies, and construction methods. LEADING WATER EXPERTS Water Treatment CDM Smith is unquestionably among the leading WTP designers today, with fully one-third of our more than 5,000 worldwide staff being dedicated to the drinking water field. These experts work on water treatment projects day in and day out and can be called upon at any time to respond to technical requests or to satisfy short-term staffing demands. We have earned numerous awards, including more than 35 national drinking water awards for engineering excellence from the American Consulting Engineers Council (ACEC) and the American Academy of Environmental Engineers (AAEE). In total, we have earned over 60 awards from the Florida Institute of Consulting Engineers, the Council of Engineering Companies, ACEC, and the AAEE. We have completed more than 2,500 WTP projects and are a national leader in WTP process analysis and design. We have designed WTPs and improvements at plants ranging from 1 mgd to 2,020 mgd. This includes extensive domestic experience covering a wide variety of water quality challenges. We also designed the world’s largest (40 mgd) nanofiltration plant for Boca Raton, and, for Miami-Dade County, we provided design and permitting services for the 20-mgd South Miami Heights WTP. What this means to the City is that we will be able to match project needs with reliable, low cost alternatives. Notably, we have also performed more than 300 water system analyses across the US during the past 10 years. Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 53City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Stormwater Our capabilities include the development of comprehensive stormwater and watershed management planning; stormwater modeling and data collection for urban and rural stormwater management evaluations; and the permitting, design and construction management of stormwater management systems including inlets, outlets, pipes, outfalls, drainage wells, and storm sewers. We also lead the movement toward adaptive resource management, including converting runoff treatment facilities into community amenities, incorporating drainage swales into green space, and creating parks that aesthetically incorporate stormwater quality and quantity controls into the landscape. We have extensive stormwater design, planning, and modeling experience with coastal communities throughout the state of Florida as illustrated in Figure 2D.VI-2. Public Engagement CDM Smith has developed public information documents and educational programs for many projects across the country. We have worked extensively with citizen advisory committees, participated in public meetings, and provided expert testimony to answer concerns and gain acceptance for the implementation of controversial projects. Our team has developed public education strategies and materials specific to an individual community’s needs, as well as broad-based programs designed to reach large target audiences. Our technical experts and communication specialists work together to develop newsletters, brochures, press releases, fact sheets, slide shows, videotapes, public service announcements, and other materials necessary to build community trust and understanding. Figure 2D.VI-2: We have extensive stormwater design, planning, and modeling experience with coastal communities throughout the state of Florida . EXCELLENCE IN STORMWATER CONSTRUCTION MANAGEMENT 54 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 2E Organizational Structure 2E.I NAMES, TITLES, AND ROLES OF ALL PERSONNEL PROPOSED In Table 2E.I-1 we have included a staffing table that lists our proposed staff, their title, and their proposed role. 2E.II ORGANIZATIONAL CHARTS CDM Smith has developed a team that provides the City with the knowledge, expertise, and experience of proven program managers supported by the bench strength of technical resources. As noted earlier, CDM Smith has successfully led many programs in that are similar in scope to the City’s program. We are able to offer our industry expertise with the presence of a local office, and a significant commitment to the City’s local business community. This impressive team will provide the City with the confidence of delivery that it is seeking to fulfill its objectives for this program. Our proposed organization chart is shown in Figure 2.E.II-1. Our organization provides senior management expertise for day-to- day leadership and experienced managers for project controls, design support, and construction support as requested by the City throughout the program. On the following page in Figure 2.E.II-2, we have a corporate organizational chart which shows how each proposed position relates to other positions all the way up to the corporate level. CDM Smith has developed a corporate structure which places project management capabilities in each local office, and retains production engineers and discipline experts in design centers located across the country. This allows CDM Smith to draw upon the full corporate resources of our firm wide practices to staff our projects with the best qualified people. Table 2E.I-1: Proposed Staffing List Name Title Proposed Role José A. Rodriguez, PE Senior Project Manager Senior Project Manager Suzanne E. Mechler, PE, BCEE Principal Principal-in-Charge Maurice Tobon, PE, PMP Owner Program and Process Advisor John S. Chandler Construction Manager Construction Management Yanice I. Mercado, PE Environmental Engineer Engineering Management Anthony J. James, PSP Project Controls Specialist Project Controls Jonathan Z. Goldman, PE, BCEE Associate Design Services Gerald Soto Fernandez Senior Construction Coordinator Construction Services Lauren M. Miller Environmental Scientist Sustainability Sharon J. Merchant Owner Public Outreach DESIGN SERVICES Jonathan Z. Goldman, PE, BCEE PROJECT CONTROLS Anthony J. James, PSP SUPPORT SERVICES PUBLIC OUTREACH Sharon J. Merchant SUSTAINABILITY Lauren M. Miller CONSTRUCTION SERVICES Gerald Soto Fernandez SUBCONSULTANTS Tobon Engineering The Merchant Strategy, Inc. PRINCIPAL-IN-CHARGE Suzanne E. Mechler, PE, BCEE PROGRAM AND PROCESS ADVISOR Maurice Tobon, PE, PMP SENIOR PROJECT MANAGER José A. Rodríguez, PE ENGINEERING MANAGEMENT Yanice I. Mercado, PE CONSTRUCTION MANAGEMENT John S. Chandler Legend: Key Personnel Figure 2.E.II-1: The CDM Smith team brings local project management experience as well as proven leadership. Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 55City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C CHAIRMAN/CHIEF EXECUTIVE OFFICER Stephen J. Hickox, PE*, BCEE PRESIDENT AND CHIEF OPERATING OFFICER Timothy B. Wall NORTH AMERICAN UNIT PRESIDENT Anthony B. Bouchard TECHNICAL SERVICES UNIT PRESIDENT Kellene M. Burn-Roy, PE* ENVIRONMENTAL SERVICES GROUP MANAGER Andrea E. Sewall SOUTHEAST SALES LEADER Kevin C. Leo, PE, BCEE NORTHEAST TECHNICAL DELIVERY MANAGER Aaron R. Frantz, PE*, PG*, BCEE VICE PRESIDENT Cynthia S. Hibbard SOUTH GROUP SALES DIRECTOR David T. Zimmer, PE, BCEE SOUTH GROUP DELIVERY DIRECTOR Jeffrey F. Payne, PE, BCEE PROGRAM/CONSTRUCTION MANAGEMENT GROUP MANAGER Gerald B. Benson, PE*, BCEE, PMP, PgMP SOUTHEAST DELIVERY LEADER Victor J. Pujals, PE, BCEE PROGRAM MANAGEMENT TECHNICAL DELIVERY MANAGER Firas N. Makarem, CFM CONSTRUCTION MANAGEMENT TECHNICAL DELIVERY MANAGER James T. Maher Legend: Key Personnel *Registration in state other then Florida PRINCIPAL Suzanne E. Mechler, PE, BCEE ASSOCIATE Jonathan Z. Goldman, PE, BCEE ENVIRONMENTAL SCIENTIST Lauren M. Miller PROJECT CONTROLS SPECIALIST Anthony J. James, PSP ENVIRONMENTAL ENGINEER Yanice I. Mercado, PE SENIOR CONSTRUCTION COORDINATOR Gerald Soto Fernandez CONSTRUCTION MANAGER John S. Chandler COMMERCIAL OPERATIONS MANAGER José A. Rodriguez, PE More Than5,000 Professionals Worldwide We have SUCCESSFULLY managed programs ranging from$2M to over$2.4B EXTENSIVE, NATIONWIDEPROGRAM MANAGEMENT CDM Smith brings experience on LARGE, COMPLEX programs Figure 2.E.II-2: CDM Smith brings the financial stability and resources of a large firm, in tandem with the local availability and presence of a small firm. Our team of experts will work with the City in delivering quality project management solutions. City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) 56 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C This page left intentionally blank. City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) | Chapter 6 57City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C 2F Location 2F.I LOCATION OF PRIMARY SERVICES The key CDM Smith team members proposed for this project work in Palm Beach County, thus affording the City full knowledge of local issues as they stand ready to continue to provide a high level of responsiveness and service. José will support the City from either the City’s offices as an embedded member of the staff or from our local, Boca Raton office. Our Boca Raton office will be responsible for providing program management consulting services for this project (Figure 2F.I-1). This full-service office has 43 staff locally and nearly 400 state-wide in supporting Florida offices. 2F.II LOCATION OF THE INDIVIDUAL PROPOSED AS THE LEAD Our proposed senior project manager, José Rodriguez, and our principal-in-charge, Suzanne Mechler, will both work out of our Boca Raton office, which is located only 6.4 miles, or 13 minutes, from the City of Delray Beach offices. 58 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C José A. Rodriguez, PE Senior Project Manager BIOGRAPHY José has 30 years of experience in project/program management, having served as the lead manager in several key assignments both in the US and internationally. His qualifications include project/program management, project controls, financial tracking and reporting, and quality management. He has successfully managed multi-million dollar programs in a variety of fields ranging from emergency water relief efforts in Central America to Airport capital improvements in Miami, and has effectively interacted with environmental agencies, government officials, international relief agencies, and the private sector. Years Experience: 30 years Education: ME – Civil Engineering, Tulane University; BS – Civil Engineering ,Tulane University Licensing/Certifications: Professional Engineer (FL, TX, Puerto Rico) Capital Improvements Program, PRASA, Puerto Rico Wastewater Operations, PRASA, Puerto Rico RELEVANT EXPERIENCE Operations Manager, Puerto Rico Aqueduct and Sewer Authority (PRASA) Capital Improvements Program, Puerto Rico. As operations manager for the CDM Smith affiliate company in Puerto Rico (CDM Caribbean Engineers P.S.C.), José was tasked with supporting a $1.2BM capital improvements program under implementation by the PRASA in the West, South, and East Regions of the island. This key assignment included the coordination a multidisciplinary team of island-based CDM Smith staff and local Puerto Rico consultants, supported by technical and management advisors from CDM Smith in the US. Most services were intended to be provided on-site in Puerto Rico and included all facets associated with the project life cycle such as planning, land acquisition, detailed design, permitting, bidding, construction management, plant start-up, and extended start-up services. The program currently included approximately 190 projects in varying stages of implementation. José’s participation included financial monitoring, managing project control and document control efforts, contract management, specialized support, and quality management. Water Operations, PRASA, Puerto Rico Miami International Airport, Miami, FL José brings 30 years of experience in project/program management and has successfully managed multi-million dollar programs in a variety of fields including the following: José A. Rodriguez, PE Senior Project Manager 59City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Quality Control, Canoas Wastewater Treatment Plant, Bogotá, Colombia. CDM Smith is currently designing the greenfield 365-mgd Canoas WWTP in Bogotá, Colombia for Empresa de Acueducto, Alcantarillado y Aseo de Bogotá (EAB). Phase 1 includes chemically enhanced primary clarification and anaerobic digestion; Phase 2 will provide secondary treatment and disinfection; and Phase 3 will add nutrient removal. The project includes conceptual design for all three phases of the WWTP and detailed design of Phase 1. This multi-phase project will help reclaim the health and water quality of the Bogotá River and reduce contamination of local food supplies, much of which is irrigated by the river. Through the anaerobic digestion process, the plant is planning to capture and beneficially use biogas using combined heat and power (CHP) technologies. When completed, the Canoas WWTP will be the largest WWTP in South America. José provided project quality audits of the design. Commercial Operations Manager, Latin America and the Caribbean Group. Directly reporting to the Group Manager, José supports the implementation of projects across Latin America and the Caribbean, in close coordination with corporate resources and top management. His responsibilities include budgeting, risk assessment, operational sustainability, project controls, financial planning, delivery strategy, and close ad-hoc support to existing and emerging markets in the group. José is currently providing start-up support to a growing market in Chile and to the more mature operations in Colombia, El Salvador, and Puerto Rico. Regional Performance and Quality Manager, Latin America and the Caribbean Region. José performed a regional role supporting the financial and delivery efforts of the CDM Smith projects in Latin America and the Caribbean. His responsibilities include supporting new operations, providing financial management, quality management, project controls, and general logistics. Activities include support to ongoing CDM Smith operations in Colombia, Chile, Puerto Rico and others. Coastal and Marine Infrastructure Programs. José was responsible for the performance of the entire Engineering Department and the associated financial planning, budgeting, scheduling and client contact for a major consulting firm in Florida. Management tools included extensive use of MS Project and Primavera Project Planner (P3) scheduling software plus introduction to Primavera Expedition. Project Officer, Earthquake Relief Effort, San Salvador, El Salvador. José was first involved as project officer with the US Embassy (USAID), and later as Director of Reconstruction responsible to the host country government for the entire relief effort. He performed comprehensive program management for the $200M CIP which included large and small educational facilities, health buildings, municipal markets, and the associated water and sewer infrastructure. This effort, which at one time had 40 – 50 projects under simultaneous construction, was key to the Salvadoran economy and to the country’s speedy recovery from the earthquake’s effects. His coordination efforts were at the highest levels of the host government and funding agencies in order to maintain program momentum. Program Manager, Automated People Mover Design- Build, Miami International Airport, North Terminal Project. José worked on a $2B, one-mile long terminal extension with an Automated People Mover (APM) system located on the terminal roof. He was part of a team responsible to the client (American Airlines) for the program management of the $100M APM design-build contract. This was a 5+ year comprehensive program of vital importance to the expected streamlining of airport operations at MIA. Day-to-day tasks also required extensive interfacing with multiple North Terminal design and construction teams to ensure that all facility requirements for the safe and successful operation of the system were met. Strong internal team building with the client was continuously emphasized as key to successful program execution. This developed a trusting relationship, which benefited the program and placed the APM at the forefront of client priorities. The program included a gamut of categories such as feasibility, planning, preliminary design, final design, interfaces, equipment procurement, installation/construction, testing, and commissioning. Activities also consisted of team supervision and direct detailed review and comment of the various design disciplines interfacing with the APM system, including water supply, sanitary sewerage, and fire protection systems. 60 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Suzanne E. Mechler, PE, BCEE Principal-in-Charge BIOGRAPHY Suzanne is a senior project manager, principal-in-charge, and environmental engineer with more than 15 years of experience and knowledge of water and wastewater systems including stormwater facilities; pump stations; water treatment plants (WTP); wastewater treatment plant (WWTP) facilities design; and water transmission, sewer system, and reclaimed water pipeline design. Her experience includes oversight on projects for numerous municipalities in south Florida. These clients include the City of West Palm Beach, Seacoast Utility Authority, the City of Boca Raton, the City of Boynton Beach, South Florida Water Management District, Palm Beach County Water Utilities Department, and Broward County Water and Wastewater Services. RELEVANT EXPERIENCE Principal-in-Charge, Citywide Program Management Consulting Services, City of West Palm Beach, FL. The City of West Palm Beach has retained CDM Smith to provide PMC services to act as an extension of City staff and support the administration of multiple CIPs. Suzanne is working with the City of West Palm Beach to implement Program Management Services to assist staff in executing their upcoming $60M bond program. As part of this effort, she has worked with the City of West Palm Beach to integrate an embedded senior project manager, conduct an initial assessment of their reporting and project control tools, update their utility policy manual, support capital improvement project prioritization efforts, and develop schedules and reporting tools for over 40 projects. Principal-in-Charge and Project Manager, Dynamic Water Supply Decision Support, City of West Palm Beach, FL. The City concluded that they need to update the long-term water demands, water supply options, and water treatment process alternatives with an emphasis on verifying that the City’s short-term and long-term water needs are being addressed. Suzanne served as the project manager to provide a WEAP scenario planning model and decision support system to support long-term solutions. Principal-in-Charge, Ion Exchange Resin Plant and East WTP Improvements Progressive Design-Build, City of Boynton Beach, FL. Suzanne is serving as the principal-in-charge for the $30.8M design-build of new ion exchange resin facility and upgrading/capacity expansion of the existing lime softening, filtration, and residuals handling systems at the East Water Treatment Plant to a capacity of 24 mgd. Additionally, this project incorporates replacement of the existing high services pumps and new re-pump station located onsite with a 3.0-MG ground storage tank, she served as design project manager during the first phase of the project. Principal-in-Charge, Lakeside Ranch Stormwater Treatment Area (LRSTA) Phase 2, South Florida Water Management District (SFWMD), FL. This project includes the design of the LRSTA-South project consisting of approximately 1,760 acres of storage and stormwater treatment, multiple hydraulic control structures, recreational facilities, and five concrete spillways. Suzanne is serving as principal-in-charge directing a multi-disciplined team of engineers responsible for the final design, bidding packages, and construction services. Construction services will begin in October 2015. The anticipated construction cost for LRSTA-South is approximately $40M. Principal-in-Charge and Project Manager, Glades Road WTP Residuals System and Ancillary Improvements, City of Boca Raton, FL. The City of Boca Raton concluded that it was necessary to replace several pieces of the lime softening trains, including mechanical and electrical equipment that had reached the end of their useful life. The construction cost for the project is $11M. Suzanne served as the project manager for the design portion of this project and is currently serving as the principal-in-charge for the construction portion of this project. Years Experience: 15 years Education: ME – Environmental Engineering, University of Florida; BS – Environmental Engineering, University of Florida Licensing/Certifications: Professional Engineer (FL, LA); Board-Certified Environmental Engineer (BCEE) Suzanne E. Mechler, PE, BCEE Principal-in-Charge 61City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Assistant Project Manager/Project Manager, Membrane Conversion for Water Treatment Facility, Seacoast Utility Authority (SUA), FL. SUA concluded that it was necessary to secure future raw water supply sources, potable water treatment facilities, finished water distribution, and concentrate disposal capabilities to meet the growing potable water needs of the SUA’s service area. SUA contracted CDM Smith for the design of a new 30.5 mgd finished water capacity membrane facility using both nanofiltration and low-pressure reverse osmosis. The construction cost for the project is approximately $60M. Suzanne served as the assistant project manager and project engineer for the design portion of this project and is currently serving as the project manager for the construction portion of this project. Design Project Manager, Disaster Recovery Service Design-Build (DB) Contract, Palm Beach County, FL. Suzanne is the design project manager for this emergency, on call, disaster recovery contract for the Palm Beach County Water Utilities Department. The contract requires the design and/or construction services of CDM Smith in the event of a declared emergency by Palm Beach County. The contract also consists of “hurricane hardening” of various Palm Beach County facilities in order to increase the survivability of these facilities during a major hurricane event. CDM Smith has completed approximately $1M of DB services to date. Project Manager/Engineer-of-Record, Lakeside Ranch Stormwater Treatment Area (LRSTA), SFWMD, FL. This $75M, fast-track project included the design of approximately 2,400 acres of stormwater treatment reservoirs, two pump stations, multiple hydraulic structures, and over four miles of canal conveyance improvements. Suzanne served as engineer-of-record for the design of the S-650 Pump Station (250-cfs pump station to supply water to the LRSTA) and the S-191A Pump Station (300-cfs pump station for flood control and recirculation), part of the LRSTA project. She served as project manager and engineer-of-record for engineering services during construction of the S-650 Pump Station (Phase I of the LRSTA project). The facility includes three electric-driven pumps housed within a 2,500-sf pump station building, trash rakes and conveyors, propane gas backup generation system, and a seal water system. Suzanne directed a multi-disciplined team of engineers for the final design, bidding, and construction services. The construction cost of the S-650 Pump Station was $7M. Project Manager, Central Monitoring Facility, Palm Beach County, FL. Suzanne served as the project manager for design and construction services for this secure facility with communications and computer system capabilities that will be accessible to the County staff prior to, during, and after a storm/disaster event. This 2,900 square foot facility is an extension of their central regional operations center. The construction cost of the facility was $2M. Project Manager, Tracer Study for T10 Determination at the Glades Road WTP, City of Boca Raton, FL. Suzanne served as project manager for the tracer study for T10 determination to determine the disinfection profile for the Glades Road WTP. As part of this project, CDM Smith was tasked with protocol development, tracer solution metering pumping, analytical sampling and analyses, and data manipulation to derive T10 times from a graphical and numerical value standpoint. The analysis included design criteria calculations and appropriate testing to determine available contact time for use as additional Ct values contained in the filter media, filter bottom under-drain volume, and J-bend influent piping to the clearwells. Project Engineer/Project Manager, Three New Water Supply Wells 28W, 31W, and 33W, City of Boca Raton, FL. The City of Boca Raton concluded that it was necessary to add three new water supply wells and a connecting raw water pipeline to the WTP to increase the production capacity and to enhance the reliability and sustainability of the wellfields. The construction cost for the project is $3.6M. Suzanne served as the project engineer for the design portion of this project and is currently serving as the project manager for the construction portion of this project. Project Manager, WWTP Permit Renewal, Village of Royal Palm Beach, FL. Suzanne prepared a permit application for renewal of the WWTP permit. The permit application included a capacity analysis report, reuse feasibility study, and operation and maintenance performance report. She also coordinated with Palm Beach County who purchased the WWTP and submitted the application for a permit to Florida Department of Environmental Protection (FDEP). Project Engineer, WWTP Expansion, Village of Royal Palm Beach, FL. Suzanne conducted final design of the wastewater treatment expansion. The design was due to the growth in the Village’s service area and wastewater future flow projections. The project included expansion of the headworks structure, additional Orbal® discs for the aeration basin, construction of two new clarifiers, expansion of the chlorine contact basin, and new equalization basin for alternate bid. Project Manager, System Wide Wellfield Improvements Project, Palm Beach County, FL. Suzanne served as project manager and construction coordinator for the design of four new and five replacement surficial aquifer wells associated with WTPs Nos. 3, 8, and 9. The new wells are located at WTP No. 8 and are needed to increase the capacity of the plant. The replacement wells are necessary to replace poor-performing wells. The design also included wellhead piping, pumps, electrical, and instrumentation. 62 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Maurice Tobon, PE, PMP Program and Process Advisor BIOGRAPHY Maurice is a professional water engineer with 25 years of experience in water and wastewater engineering in south Florida. Currently, he is the president of Tobon Engineering. Prior to that, he served for more than 15 years at the highest management levels of two of the largest water utilities in south Florida (Palm Beach County and City of Fort Lauderdale), and was responsible for nearly $1B in program management capital improvements. Maurice has unique experience and insight from being in government for many years and understands the issues faced by water and wastewater utilities. Maurice also worked for CDM Smith as a project manager for seven years. He is a team player with a reputation for having a positive attitude, in addition to having strong leadership skills. RELEVANT EXPERIENCE Technical Advisor, Program Management Services, City of West Palm Beach, FL. Maurice is presently serving as a technical advisor to the City for implementation of a 5-year program management effort. He is working on developing a Program Management Manual incorporating existing City policies and procedures while creating new capital planning and implementation tools. Director of Engineering/Program Manager, Water and Wastewater Masterplan, Palm Beach County Water Utilities Department, FL. Maurice was at an executive level position managing and providing leadership to a staff of 35 in the Engineering Division and consultant Program Managers for the Water Utilities Department $400M CIP. Staff includes a total of more than 10 professional engineers, construction managers, engineering inspectors and support staff. He was personally responsible for creating the Program Management program (WUD 2020 Capital Improvements Program) by effectively managing staff and consultant partners. Project Manager, Water and Wastewater Masterplan, City of Coral Springs, FL. This project provided the Water and Wastewater Masterplan for the City of Coral Springs, FL. Both master plans created the first hydraulic models of the water and wastewater systems for the City of Coral Springs. Maurice served was the project manager for the effort and was fully responsible for all deliverables. This project was completed during his employment with CDM Smith. Engineering Design Manager and Assistant Program Manager, Waterworks 2011, City of Fort Lauderdale, FL. Maurice was in part responsible for development of the City of Fort Lauderdale’s 10 year $550M Water and Wastewater Program Management (Waterworks 2011). He played a key role in the implementation of the Waterworks 2011 program and served as the assistant program manager within the City for this effort. Director of Engineering, Lift Station Rehabilitation Phases 1-4, Palm Beach County Water Utilities Department, FL. Maurice was responsible for the directing and advising staff from preliminary design through construction for the rehabilitation of 38 lift stations during a 4-year period. The rehabilitation included new wet well coatings, valves, piping, pumps, and control panels. Director of Engineering, Booster Station 5241 Improvements, Palm Beach County Water Utilities Department, FL. This design build contract was carried out under the direction of Maurice and included the rehabilitation of a major inline wastewater booster station, improvements included new valves and piping. Director of Engineering, South Bay Wastewater Lift Station Rehabilitation, Palm Beach County Water Utilities Department, FL. This project included the rehabilitation of four lift stations. The rehabilitation included new wet well coatings, valves, piping, pumps, and control panels. Under Maurice’s direction all grant requirements were met and Years Experience: 25 years Education: ME – Civil Engineering, University of Florida; BS – Civil Engineering, University of Florida Licensing/Certifications: Professional Engineer (FL); Project Management Professional (PMP) Maurice Tobon, PE, PMP Program and Process Advisor 63City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C he was responsible for the directing and advising on the design and provided guidance during construction. Engineering Design Manager, Pump Station Rehabilitation: Pump Stations No. A-11, B-8, D-39, D-47 and E-5, City of Fort Lauderdale Public Services, FL. This project involved the rehabilitation of six major lift stations, and some of the improvements included replacement of can stations for submersible stations. The rehabilitation included new wet well coatings, valves, piping, pumps, and control panels. New sanitary sewer, manholes, and force mains were also constructed. Maurice was responsible for the directing and advising on the design and guidance during construction. Engineering Design Manager, Pump Station Rehabilitation: Pump Stations No. A-2, A-17, A-18, A-19 and A-21, City of Fort Lauderdale Public Services, FL. This project involved the rehabilitation of major lift stations. The rehabilitation included new wet well coatings, valves, piping, pumps, and control panels. New sanitary sewer, manholes and force mains were also constructed. Maurice was responsible for the directing and advising on the design and facilitating construction of the improvements. Engineering Design Manager, Pump Station Rehabilitation: Pump Stations No. D-41, A-9, B-5, B-6 and B-13, City of Fort Lauderdale Public Services, FL. This project involved the rehabilitation of major lift stations. The rehabilitation included new wet well coatings, valves, piping, pumps, and control panels. Some of the duplex can stations were demolished and new submersible stations constructed. New sanitary sewer, manholes, and force mains were also constructed. Maurice was responsible for directing and advising on the design and facilitating construction. Environmental Services Manager Division Manager, City of Fort Lauderdale Public Services, FL. Maurice was promoted to division manager with the responsibility of the Environmental Services Division. The division was responsible for stormwater maintenance, inspection and capital planning, enforcement of pre-treatment ordinance and permitting. Engineering Design Manager, Stormwater Management Analysis River Oaks and Edgewood Communities, City of Fort Lauderdale Public Services, FL. This project was for the development of options to deal with repetitive flooding on these two neighborhoods. The recommendations produced by the consultant in this report for these areas was included with the gravity sewer extension project into these areas. Maurice was actively involved as technical review and responsibility to include the improvements into the Waterworks 2011 Program. Director of Engineering, 2012 Water and Wastewater Masterplan, Palm Beach County Water Utilities Department, FL. This project was for the development of the 2012 Water and Wastewater Masterplan for Palm Beach County Water Utilities Department. Both masterplans recommended over $500M in capital projects which served as the basis for ongoing Capital Improvement Program. The masterplans were developed by consultants under the direction and supervision of Maurice. Director of Engineering, 2014 Glades Region Water and Wastewater Masterplan, Palm Beach County Water Utilities, FL. This project provided the creation of the first Water and Wastewater Masterplan for the municipalities of South Bay, Belle Glade, and Pahokee. The masterplan summarized the existing conditions of the water and wastewater systems, created hydraulic models for water and wastewater collection systems and prioritized improvements including treatment systems. The masterplans were developed by consultants under the direction and supervision of Maurice. Engineering Design Manager, 2007 Water and Wastewater Masterplan, City of Fort Lauderdale Public Services, FL. This project provided for the 2007 Water and Wastewater Masterplans for the City of Fort Lauderdale. Both master plans developed over $550M in capital projects which served as the basis for Waterwork 2011 Program Management. Consultants under the guidance, direction and supervision of Maurice developed the Masterplans. Director of Engineering, South County Water Service Replacement Phases I-III, Palm Beach County Water Utilities Department, FL. Replacement of approximately 2,000 water services and replacement of AC water mains in the southern portion of Palm Beach County. This project was a multiyear, multimillion dollar effort that involved a consultant design team and various construction contracts. Maurice was responsible for the directing and advising on the design and facilitating construction of the improvements. Engineering Design Manager, Poinciana Park 2MG storage tank, City of Fort Lauderdale Public Services, FL. This project was for the demolition of an existing steel standpipe and construction of a new 2MG ground storage tank and pump station at Poinciana Park. Maurice was responsible for the directing and advising on the design and also involved during construction. 64 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C John S. Chandler Construction Management BIOGRAPHY John has 33 years of experience in the construction and construction management field. He is experienced in providing project management, bid preparation, construction management, and engineering and design services related to a variety of projects, including water plants; wastewater plants; underground water, sewer, and storm drainage projects; engineering and marine construction projects; and power and process plant facilities. His responsibilities have also included budgeting and scheduling, permitting, report preparation, construction layout, and bid preparation. In addition, he is knowledgeable in the areas of steel and concrete structures, pressure piping, pressure vessel components in industrial and power plant facilities, dynamics, thermodynamics, and fluid and soil mechanics. RELEVANT EXPERIENCE Construction Manager, Roadway Resurfacing and Striping, City of Coral Springs, FL. John provides construction management services for the City of Coral Springs, and coordinates Construction Engineering Inspectors (CEI) for the City’s annual program of milling, paving, and striping existing City streets. Construction Manager, South Pointe Neighborhood Improvements Phases III, IV, & V, City of Miami Beach, FL. For the South Pointe Neighborhood Improvements project, John provided construction management services for water, stormwater, street lighting, landscaping, irrigation, paving, and hardscape improvements. Construction Manager, Biscayne Pointe Neighborhood Improvements, City of Miami Beach, FL. For the Biscayne Pointe Neighborhood Improvements design-build project, John provided construction management services for water, stormwater, landscaping, irrigation, paving, and hardscape improvements. Construction Manager, North County Landfill Operations and Maintenance Buildings, Solid Waste Authority of Palm Beach County, FL. For the Operations and Maintenance Buildings project, John provided construction management services for a maintenance facility and a operations center including site security and building security systems as well as utility services, asphalt parking, and landscaping. Construction Manager, Grant Street Water Reclamation Facility – Deep Injection Well System Monitor Wells, City of Melbourne, FL. John provides construction management services to the City of Melbourne, FL for a new deep monitor well and a new shallow monitor well that will track water quality trends in the vicinity of the City’s existing deep injection well. Construction Manager, George T. Lohmeyer Regional Wastewater Treatment Plant (WWTP) Flow Control Improvements, City of Fort Lauderdale, FL. John provided construction management services and coordinated wastewater collection and treatment operations with the contractor’s construction activities for the temporary bypass and rehabilitation of the primary influent channels at the George T. Lohmeyer Regional WWTP. Construction Manager, Water Supply Wells 28W, 31W, and 33W, City of Boca Raton, FL. For the Boca Raton Water Supply Wells, John provided construction services for three new Biscayne Aquifer raw water production wells; approximately 9,000 linear feet of 12-, 14-, and 18-inch raw water piping, including associated electrical, instrumentation, and site improvements for the City of Boca Raton. Construction Manager, West Wellfield Water Supply Expansion, City of Deerfield Beach, FL. For the Deerfield Beach West Wellfield Expansion, John provided construction services for two new Biscayne Aquifer and one new Floridan Aquifer raw water production wells; approximately 16,000 linear feet of 14-, 16-, and 24-inch raw water piping, Years Experience: 33 years Education: BA – Mathematics, University of South Florida John S. Chandler Construction Management 65City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C including subaqueous horizontal directional drill; and one electrical/generator building, including associated electrical, instrumentation, and site improvements. Construction Manager, Finished Water Storage Tank and High Service Pump Station, City of Dania Beach, FL. For the Dania Beach Water Treatment Plant (WTP), John provided construction services for a new 1.5 MG finished water storage tank, high service pump station, and emergency diesel generator, which included associated electrical, instrumentation, and site work. Construction Manager, Anion Exchange Treatment Facility for Broward County WTP 1A, City of Lauderdale Lakes, FL. John provided construction services for high service pumping system and blending clearwell improvements, as well as associated electrical, instrumentation, and site improvements for Broward County Water and Wastewater Services. Design-Build Coordinator, Nanofiltration WTP Addition, City of Dania Beach, FL. For this design-build project, John provided coordination between the designer and builder to expedite construction of the new 2.0 mgd nanofiltration water treatment facility, which included a new LEED® certified membrane building and control room, new odor control and chemical feed systems, new transfer pumps, and associated electrical, instrumentation and site work, as well as the integration of the existing lime softening treatment plant, high service pump station and finished water storage facilities into the new plant controls and power systems for the City of Dania Beach. Technical and Constructability Reviewer, Water Treatment Plant Solids Handling System and Process Water Recovery, City of Dania Beach, FL. John provided technical and constructability reviews for the design of a new solids handling and process water recovery system for the City of Dania Beach WTP. Construction Manager, Chemical Storage, Feed Systems and Water Plant Piping Improvements, City of Pompano Beach, FL. For the Pompano Beach WTP, John provided construction services for high service pumping system and blending clearwell improvements, and the conversion from gas chlorine to sodium hypochlorite disinfection, as well as associated electrical, instrumentation, and site improvements. Construction Manager, West WTP Reverse Osmosis Improvements, City of Deerfield Beach, FL. For the Deerfield Beach West WTP, John provided construction services for a new 3.0 mgd low pressure reverse osmosis water treatment facility, which included the membrane building and control room, odor control system, chemical feed systems, transfer pump, and associated electrical, instrumentation, and site work. Construction Manager, Water System Improvements – Concentrate Pumping Station and Transmission Piping, City of Deerfield Beach, FL. For the Deerfield Beach West WTP, John provided construction services for a pump station for the concentrate generated by the nanofiltration treatment facility. The work included three 50-HP vertical turbine pumps, hydropneumatic tank, yard piping, and associated electrical, instrumentation, and site work. Senior Project Manager, John E. Preston WTP Softeners No. 7 and 8, Miami-Dade Water and Sewer Department, FL. Prior to joining CDM Smith, John was the senior project manager for the construction of new lime softeners, lime slaking system, and lime slurring and chemical feed systems, and the rehabilitation of existing lime softeners to expand the capacity of the existing water treatment plant. His tasks included scheduling, manpower and equipment allocations, subcontracts and subcontractor coordination, procurement, construction layout, permitting, payment applications, claims resolution, and project closeout. Senior Project Manager, North Springs Water Treatment Plant Upgrades, City of Coral Springs, FL. Prior to joining CDM Smith, John was the senior project manager for the construction of new lime softeners, filtration tanks and pumps, raw water wells, booster pumping facilities and standby generators were installed to expand the capacity of the existing facilities for the North Springs Improvement District. John’s tasks included scheduling, manpower and equipment allocations, subcontracts and subcontractor coordination, procurement, construction layout, permitting, payment applications, claims resolution, and project close-out. Project Manager and General Superintendent, 24-inch Subaqueous Water Main to Claughton Island, Miami-Dade County, FL. Prior to joining CDM Smith, John provided services such as budgeting, scheduling, safety, engineering and design, subcontracting and procurement, permitting, progress meetings and reports, cash flow analyses, payment applications, claims resolution, and project closeout. This project involved the construction of a 36-inch subaqueous micro-tunnel and a new 24-inch water main from the mainland to Claughton Island in Biscayne Bay. 66 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Yanice I. Mercado, PE Engineering Management BIOGRAPHY Yanice is an environmental engineer with 14 years of experience including capital improvements projects, change management, technology integration, drinking water infrastructure, odor dispersion modeling, and ash residue sampling. She is currently serving as the project manager for the West Palm Beach Citywide Program Management Consulting Services Contract. She was an essential core team member who was deployed in 2005 to provide Program Management Consulting (PMC) Services under a $2.4B Capital Improvements Program (CIP) for Puerto Rico Aqueduct and Sewer Authority (PRASA). From its inception, Yanice provided services as an extension of PRASA Infrastructure staff, ranging from CIP evaluation, overall project management (scope, schedule, budget), project planning, design management, consultant and subcontractor management, permitting and environmental services coordination, land acquisition and bidding/procurement support, among other responsibilities. Overall, Yanice helped PRASA by delivering projects associated with a Mega Consent Decree, improving client credibility with local regulatory agencies, implementing structured design management processes that reduced overall project costs, providing project continuity, and maximizing technical delivery and overall knowledge transfer for the client. Yanice has managed CIP projects in the various stages of planning, design, and procurement. These CIP projects ranged from $200,000 to $7.3M. Yanice also managed Phases 2 through 7 of a $5.5M Technology Integration Program. RELEVANT EXPERIENCE Project Manager, Citywide Program Management Consulting Services, City of West Palm Beach, FL. The City of West Palm Beach has retained CDM Smith to provide PMC services to act as an extension of City staff and support the administration of multiple CIPs. As project manager, Yanice is managing various Lift Stations Improvement projects (20, 26, 40, 52, 53, 73, 89, and 100), relocation of a historical chemical building project, c-17 water capture pump station, as well as phase I and phase II of the $16M 48-inch pre-stressed concrete cylinder pipe (PCCP) Force Main Renewal Project. Additionally, as part of her responsibilities, she is involved in public outreach initiatives, attends public meetings, and works with the City and stakeholders in maintaining open communication with communities, investigating and negotating the acquisition of easements for the City to complete visual improvements, and include landscaping for various lift station projects. Project Manager, Technology Integration Program, PRASA, Puerto Rico. Yanice managed Phase 7 of the Technology Integration Program as part of the Program Management Services for PRASA. This multi-phase program was designed and implemented to help PRASA in becoming a modern utility that leveraged its investments in technology. With this Program, PRASA with the help of CDM Smith was able to develop and implement a geographic information system (GIS) enterprise database and a custom web-based portal named AquaWeb. This user friendly portal has over 500 registered PRASA users and it integrates the enterprise GIS database with layers of information, real-time telemetry data and document management to provide a strong business intelligence tool for the Agency. As project manager, Yanice ensured that all seven project phases were delivered on schedule and within budget. Her responsibilities included: developing, negotiating and managing the scope of work, schedule and budget, coordinating and managing subcontracted work, reviewing and approving invoices, conducting application testing and ensuring CDM Smith’s quality standards were applied to all deliverables, conducting progress meetings and providing project training, and education and outreach for internal PRASA application users. Project Manager, PRASA CIP, PRASA, Puerto Rico. Yanice served as project manager under the Pre-Construction phase of the PRASA CIP. She managed projects through the planning, design, and bid phases to ensure the projects were delivered on schedule and within budget. She oversaw that projects were met in compliance with CDM Smith’s quality standards. Her responsibilities included requesting proposals, evaluating proposals, negotiating scope of work and budget for design and other subcontracted work, coordinating design review meetings (30, 60, 90 percent), Years Experience: 14 years Education: ME – Environmental Engineering, University of Florida; BS – Chemical Engineering, University of Puerto Rico da Licensing/Certifications: Professional Engineer (FL, Puerto Rico) Yanice I. Mercado, PE Engineering Management 67City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C approving invoices, preparing and submitting all required documents for the bid phase, attending the pre-bid meeting, and answering questions from prospective bidders via addendum’s. Projects included under this program include: „„Liner Repairs to the Lago Regulador – The $7.2M proposed works included construction of a bypass line, improvements to the existing dam perimeter road, restoration and conditioning of the existing clay layer and installation of an additional impermeable layer consisting of articulated concrete blocks (ACBs), and non-woven geotextile. This project benefited approximately 13,080 families in the Municipality of Isabela. „„Isabela Wastewater Treatment Plant (WWTP) transfer to Costa Isabela – The evaluation of the necessary capital improvements to the Isabela WWTP in order to comply with the Term 2 requirements of the EPA Consent Decree. The provisions of Section 301(h) of the Clean Water Act requires the diversion of the wastewater to the Aguadilla WWTP or a retrofit of the Isabela WWTP to achieve phosphorus removal. As an alternative, PRASA decided to evaluate the possibility of transferring wastewater to the Costa Isabela Resort to eliminate the use of groundwater for irrigation of the two golf courses. „„Investigation of the Potential for Development for Additional Groundwater Resources in the Northern Area of Puerto Rico – The objective of this program was to determine the maximum amount of groundwater that could be safely and economically withdrawn from the aquifers within the project area, and that would increase the potable water supply to systems that serve the North Region of Puerto Rico. The initial project phases were completed and consisted of the development of scientific data in support of a DNER water franchise application and testing of existing PRASA supply wells. „„Lajas/San German Planning Project – This project was developed to evaluate the costs and feasibility of transferring water from the Lajas municipality as an alternative to upgrading the San Germán WFP. „„Improvements to the Water Supply System Of San Germán – $1.2M construction of a new 203,000-gallon water storage tank and foundation, an access road leading from State Road PR-118 to the tank site, retaining walls, and piping which improved the service to La Tea community and benefited approximately 300 families. „„Improvements to the Water Supply System of Hormigueros – This $1.3M construction of a deep well with submersible pump of 500 gpm including concrete structure with chlorination facilities and electrical control panel, electrical facilities, site improvements, and installation of 8-inch pipeline for connection to existing potable water distribution system, etc. This project improved the Hormigueros water supply system and benefited approximately 4,800 people. „„CIP Evaluation and Recommendations – Assisted with the CIP Program Evaluation. The main objectives of this evaluation was to provide recommendations and determine if the CIP program satisfied regulatory requirements, improved the level of service, accommodated future growth, optimized the utilization of funds, and provided overall system simplification. Project Manager, Organizational Track, PRASA Automation Project, PRASA, Puerto Rico. Yanice managed the organizational track as part of the PRASA Automation project for water filtration plants. This program was designed to support PRASA’s initiative of becoming a world class utility, implementing new automation technology along with a cultural change within the organization. The organizational track led the process of change management throughout the various regions and was composed of sub-phases such as regional implementation and training. Project Manager, Investigation of the Potential for Development for Additional Groundwater Resources in the Northern Area of Puerto Rico, PRASA, Puerto Rico. Yanice managed the Arecibo Groundwater project as part of the Program Management Services for PRASA. This multi-phase program was designed to support PRASA’s initiative of developing a supplemental groundwater supply in the Barceloneta to Arecibo area of northern Puerto Rico. This project helped to determine the maximum amount of groundwater that can be safely and economically withdrawn from the aquifers within the project area, and increase the potable water supply to systems that serve the North Coast Region. The project’s three phases were 1) development of scientific data to support an application for a water franchise with the DNER; 2) testing of existing PRASA supply wells; and 3) design and construction of PRASA well supply sites and infrastructure. Project Engineer, Capital Improvements Program Evaluation and Recommendations, Puerto Rico. Yanice was involved in an evaluation of the existing CIP for the West Region of Puerto Rico as part of the Program Management Services for PRASA. The main objectives of this evaluation were to provide recommendations and determine if the program satisfied regulatory requirements, improved the level of service, accommodated future growth, optimized the utilization of funds, and provided overall system simplification. 68 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Anthony J. James, PSP Project Controls BIOGRAPHY Anthony has a decade of diversified experience in the construction and engineering field that includes roles ranging from senior project controls scheduler, field engineer, and office engineer. He has experience providing project controls support for projects including design-build delivery, building construction, environmental remediation, water/ wastewater treatment plants, water/sewer main extension, solid waste, and the development of project proposal schedules. He is proficient in Critical Path Method (CPM), Primavera P6, Microsoft Project Professional Server 2010, P3, SureTrak, and Primavera Contract Manager. Anthony has experience facilitating early project planning and project execution schedule review meetings with integrated design-build teams for small to large projects, creating detailed work breakdown schedules (WBS) and work plans, developing cash flows, and progress reports. He regularly reviews and analyzes contractors’ project schedules, and promptly reports any schedule slippage to the project management team so action may be taken to mitigate delays. He’s also the Regional Quality Auditor for construction projects in the Southeast. RELEVANT EXPERIENCE Program Controls, Consent Decree Compliance Program and Infrastructure Improvements Program Management (CW 2020), City of Columbia, SC. Anthony is in charge of leading planning sessions for this Consent Decree Mandated +$750M Capital Improvement Program (CIP) to collect, and integrate the work scope of all stakeholders into the P6 Integrated Master Schedule. He has worked with finance to integrate cost and resource loading into the master schedule. He’s in charge of maintaining and updating the program schedules and costs on a regular basis, tracking and reporting variances to the PgM team. Project Controls Specialist, Bee Ridge Road Expansion, City of Sarasota, FL. Anthony coordinated with the Construction Engineering and Inspection (CEI) Services management team to review the contractor’s baseline schedule and monthly updates on this 2.5-mile project which will transform the current two-lane, three-signal, multi-access, 35-mph roadway into a four-lane divided roadway with four two-lane roundabouts, low-impact development (LID) stormwater treatment, and LED lighting. Program Controls Specialist, Groundwater Extraction and Treatment Program, City of Sarasota, FL. Anthony served as the program controls specialist in the schedule development and maintenance of a Microsoft Project Professional Server 2010 Integrated Master Schedule providing program management coordination, communication and liaison amongst various project stakeholders, including client staff, project management consultants, and the project management team. With Microsoft Project Professional Server 2010 he supported several program control functions, including planning, tracking, and reporting, on the program and its multiple projects. He developed an Earned Value Management System (EVMS), as well as cost and resource loading of the entire master schedule. He was in charge of maintaining and updating the program and project schedules and costs on a regular basis, tracking and reporting cost variance indices, preparing expenditures, resource forecasts, and estimate-to-completion (ETC) projections to the client. He also led the conversion of the program schedules from Primavera P6 to Microsoft Project. This project consisted of development of RI/FS, groundwater monitoring and modeling, final design, construction of the LEED® treatment building, extraction wells, and conveyance piping, contaminated soil extraction, air monitoring, and building demolition. Project Controls Analyst, St. Johns County Mainland Water Treatment Plant (WTP), St. Johns County, FL. Anthony supported the project team by providing project and scheduling support including schedule analysis, progress updates, and coordination with project managers. This project consisted of revising the influent and effluent site piping, Years Experience: 10 years Education: MS – Construction Management, Florida International University; BS – Business Management, University of Central Florida Licensing/Certifications: Planning and Scheduling Professional, AACE International; Internal Auditing Basics 09M Ed., Quality WBT Center for Education Anthony J. James, PSP Project Controls 69City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C providing a 1.5 MG ground storage tank, degassifiers, chlorine contact chamber, and addition to the high service pump station, increased pumping capacity, chemical building, electrical upgrades, as well as paving drainage and site work. Project Controls Specialist, Anuvia Nutrients Biosolids-to-Fertilizer Project, Zellwood, FL. Anthony is responsible for the creation of the project master schedule, and on site he actively monitors progress against the baseline and provides schedule variance reporting to superintendents and project managers. CDM Smith will construct a facility that will produce approximately 210 tons per day (tpd) of fertilizer product using a standard “module.” The scope of this projects includes construction a Biosolids Receiving and Dryer System, Granulation Plant, Product Storage Warehouse, Chemical Storage Area, Ammonia Storage area, and ancillary facilities. Project Controls Specialist, South Miami Heights WTP Design-Build-Operate-Finance (DBOF), Miami-Dade Water and Sewer Department (WASD), FL. Anthony provided scheduling support in the development and maintenance of an integrated design, permitting, procurement and construction of a $100M WTP and Gravity Sewer project. He coordinated with engineering staff to input schedule progress and monitored and reported on key milestones with the management team. Project Controls Analyst, Water Main Extension Project, City of Valdosta, GA. For this $6.1M Construction Manager at Risk (CMAR) project, Anthony was responsible for the creation of the project master schedule and integrating subcontractor’s schedules to the master schedule. He actively monitored progress against the baseline and provided schedule variance reporting to superintendents and project managers. The project consisted of 4,400 ft of 12-inch and 18,500 ft of 30-inch ductile iron water main as well as numerous railroad crossings, jacks, and bores. Project Controls Analyst, Dania Beach 2.0 mgd Nanofiltration WTP, City of Dania Beach, FL. Anthony served as the project controls analyst developing and maintaining the master schedule WBS and work packages to construct in precise phases to minimize the impact on the existing water treatment plant operations. He additionally supported the project team by providing project and scheduling analysis, progress updates, and coordination with project managers of variances to the baseline. This project consisted of design and construction of a of LEED® treatment plant that included a 2.0 mgd nanofiltration process expansion to the city’s aging existing 3.0 mgd conventional lime softening WTP. The 2.0 mgd NF/RO Design-Build WTP was completed on a fast-track basis and the project reached substantial completion on October 20, 2011. The design-build process resulted in a 74-week reduction in implementation schedule. Project Controls Specialist, Red Top Regional Pump Station and Wastewater Interceptor Division I, City of Charleston, SC. Anthony provided project controls support for the design of a gravity sewer, force main, and pump station upgrades project. He worked with project team members to monitor and update the design schedule to meet the fast-track 60 percent design and GMP development delivery. During the construction phase he’s providing scheduling support including schedule analysis, progress updates, and coordination with project managers, in addition he’s assisted in developing a Risk Register and runs statistical models with @Risk software. The project involved construction of a wastewater pump station, deep gravity wastewater interceptor mains, demolition of existing pump stations and installation of new wastewater mains in the West Ashley section of Charleston. Project Controls Analyst, Roanoke Island Water Treatment System Expansion, Dare County, NC. Anthony’ responsibilities included the expansion of the project schedule from the conceptual stages through design, key coordination with local contractors and site supervision on pipeline installation, critical path analysis, and reporting variances to the baseline schedule. The project comprised approximately 56-miles of water distribution piping, ranging from 6- to 16-inches in diameter, including both open–cut and trenchless construction methods. The project also includes a new elevated storage tank; a new ground storage tank; and rehabilitation and upgrades to the high service pumps located at the Skyco WTP. Project Controls Analyst, Mud Creek Water Pollution Control Project, City of Valdosta, GA. Anthony served as the project controls analyst developing cash flow projections, reviewing and analyzing the contractor’s project baseline schedule, generating and updating schedules bi-weekly, noting schedule discrepancies, and recommending changes. The scope for this $30.5M CMAR project included a 2.4 mgd expansion with new headworks, anoxic aeration basin, secondary clarifiers, re-aeration basin, reuse pump station, alum feed, disk filters, UV disinfection system, and a new operations building. 70 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Jonathan Z. Goldman, PE, BCEE Design Services BIOGRAPHY Jonathan’s civil and environmental engineering experience is concentrated in the areas of water and wastewater collection, treatment, and distribution systems; energy savings and sustainability performance design and contracting; treatment plant design; stormwater management and treatment system design; modeling of large pumping and transmission systems; master planning; and hydraulics. He is also experienced in the areas of infrastructure construction, stormwater utilities, water resources, odor control, and environmental software development. RELEVANT EXPERIENCE Project Manager/Lead Design Engineer, Capital Improvement Plan Wastewater Program, City of Fort Lauderdale, FL. This $250M 10-year project involved the planning, design, and construction of new transmission force mains, sanitary sewer systems, stormwater and water main improvements and pump station and wastewater treatment plant (WWTP) upgrades that meet the City’s goal of sewering the entire service area by the year 2011. Project Manager, Bradley Road Master Wastewater Pump Station Improvements Preliminary Design Report (PDR), JEA, FL. CDM Smith was selected to develop the PDR for the Bradley Road Wastewater Pump Station Upgrade Evaluation. The Bradley Road Master Pump Station is a key component of JEA’s wastewater collection and transmission system and has increased in importance over time with the addition of an expanded service area. Jonathan served as the project manager for the development of the PDR, which evaluated the existing station condition and recommended alternative design improvements. One such alternative included the design of a new above ground in-line booster pump station, which CDM Smith recommended as our preferred alternative. The PDR was completed and submitted in early 2015, and will be used as JEA’s basis for award of the future design project. Program Manager, Various Projects, City of Deerfield Beach, FL. Jonathan and his engineering team identified and implemented several major water supply and treatment capital improvements projects for the City, which met changing regulatory requirements, provided renewal of aging infrastructure with award-winning state-of-the-art facilities, added efficiency to operations, and helped ensure the viable sustainable supply of fresh drinking water to the service area customers of Deerfield Beach. Projects included water treatment plant improvements, wellfield improvements, new Floridan wells and reverse osmosis treatment plant, concentrate disposal wells, water use permitting, and energy efficiency upgrades. Program Director, Southwest Community Center, City of Dania Beach, FL. Jonathan oversaw the design criteria professional services to the City for the Southwest Community Center project. He was responsible for contract administration and ensured the quality and integrity of the work performed by the team. The plant site improvements included the addition of a new community center. Together with the team architect he led an interactive charrette with all client stakeholders early on in project design to determine and outline the building spatial requirements, spatial adjacencies, owners’ needs, and establish project goals. Development of a building program and schematic floor plan and exterior building elevation options was based on the information from the charrette workshop. The design build criteria package included a sketch of the proposed building of approximately 2,500 sf consisting of a large meeting space, small kitchen, toilet facilities, two small offices, and small storage area. Interior finishes were selected based on low required maintenance and longevity. The community center provides the community a convenient place for its organizations’ monthly meetings, senior citizens meetings during the day, community events, as well as other activities. Years Experience: 26 years Education: ME – Environmental Engineering, University of Florida; BS – Environmental Engineering, University of Florida Licensing/Certifications: Professional Engineer (FL); Board Certified Environmental Engineer (BCEE), American Academy of Environmental Engineers Jonathan Z. Goldman, PE, BCEE Design Services 71City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Program Director, Public Works, Maintenance and Public Services Administration Building, City of Dania Beach, FL. Jonathan worked together with the team architect to provide the spatial arrangement of the 15,000 square foot (sf) administration building that is separated into three distinctly different and physically separated zones to meet the program and security requirements for each of the City’s Fleet Maintenance, Public Works, and Public Services divisions based on an interactive charrette with the City. He led the charrette meeting that not only solidified the program, but facilitated the client’s aggressive three-month design schedule. The Fleet Maintenance area includes a two bay 3,000 sf garage for routine vehicle maintenance and repairs to the City’s public works vehicles. It also includes a maintenance shop, wood working area, meeting room, office, and fleet shop. The Public Works area serves as a transient space for the public works field crews. Included are two large storage areas for public works and landscape maintenance equipment used throughout the City. Field crews typically use the space in the morning preparing for the workday, middle of the day for lunch and at the end of the day to conclude the workday. This area includes a large breakroom, large men’s and women’s toilet, and shower and locker room facilities. The Public Services area comprises the administrative spaces to assist the group in meeting their vision to provide safe, timely, and cost-effective infrastructure improvements to accommodate the safety, well-being and quality of life for the residents of Dania Beach. Spaces include public lobby, conference room, offices, toilet rooms, plan rooms, plan storage rooms, and breakroom. We designed the site parking, campus fire hydrants, metered water to the building, sewer collection from the building, and obtained the planning and zoning permit for developing the site. Jonathan was also responsible for contract administration and ensured the quality and integrity of the work performed by the team. Project Director, George T. Lohmeyer Regional Wastewater Treatment Plant (WWTP) Miscellaneous Improvements, City of Fort Lauderdale, FL. Jonathan oversees all of CDM Smith’s work at the City of Fort Lauderdale’s George T. Lohmeyer Regional WWTP. Projects to date have included replacement of LOX tanks, Florida Department of Environmental Protection (FDEP) operating permit renewal, biosolids evaluations, renewal of a Class I deep injection well operation permit, annual updated capacity analysis report, deep injection well mechanical integrity testing, industrial pretreatment program, plant hydraulics and pumping improvements, influent screenings and pretreatment, odor control, electrical system upgrades, and instrumentation and control improvements. Project Engineer, Solids Handling Study, City of Dania Beach, FL. Jonathan and his engineering team identified several options for the city to conserve water by reducing the water treatment plant’s total raw water demand through reducing the waste of water associated with the current lime sludge disposal method. CDM Smith proposed that the City take the opportunity to reduce the open land requirements for the sludge handling operation and to recover a significant portion of the flow by implementing treatment processes to allow the supernatant to be captured and returned to the plant while thickening and reducing the volume of the solids potion. It was anticipated that this process unit could recover up to 70 percent of the 20,000 to 30,000 gallons currently wasted per day, or over 5 MG of reusable water saved annually. With the large volume of water recovered from the lime sludge by the thickener, the reduced area currently available for the open lagoon will become much more manageable as well. Program Director, Design-Build (DB) Services for the 2.0-MGD Nanofiltration Water Treatment Plant, City of Dania Beach, FL. Jonathan oversaw design and permitting services for the new 2.0-mgd nanofiltration DB process at the City’s existing lime softening WTP. We completed the design in 12-weeks and obtained the six regulatory permits in the subsequent 12-weeks. The project involved surveying; site plan approval; on-site piping; pretreatment; two 1-mgd nanofiltration skids/ frames/treatment system; 6,000 sf (150 feet by 40 feet) with 20 foot eave height building; chemicals; chemical storage; cleaning system; post treatment; heating, ventilation, and air conditioning (HVAC); electrical connections; parking improvements; connections to the wet well; and other ancillary items. The new building provided operator office and laboratory space, and the connection of all instrumentation to one central control center in the new building. The improvements integrated the new nanofiltration WTP facilities with the then current lime softening facilities and coordinated construction to minimize disruption to current activities. Wiring for computers and other communication needs were included. Construction was in full conformance with the high velocity hurricane zone regulations in the most recent version of the Florida Building Code. The new building obtained LEED® Gold. Since available stimulus funding was on a fast track basis, the City recognized that a DB approach would be needed to meet the funding application deadline. The shovel ready project was recognized by the US Environmental Protection Agency (USEPA) for using American Recovery and Reinvestment Act (ARRA) funding to benefit the community by providing much needed water treatment infrastructure and creating desperately needed jobs. The project won an Honor Award from the Florida Design-Build Institute of America (DBIA) and the Florida Institute of Consulting Engineers (FICE) Engineering Excellence Grand Award in 2012. 72 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Gerald Soto Fernandez Construction Services BIOGRAPHY Gerald Soto has more than 13 years of experience in project management and project controls in the construction industry. He has strong leadership and communication capabilities that allow him to lead a multidisciplinary group as well as participating as part of a team. He has extensive experience performing cost and schedule project controls and hands on-experience in Project Management. Gerald has managed projects ranging from $500K to $15M in the residential, commercial, and industrial construction fields. RELEVANT EXPERIENCE Scheduler, Puerto Rico Aqueduct and Sewer Authority (PRASA) Capital Improvements Program (CIP), Puerto Rico. Gerald is currently working as the scheduler for PRASA’s CIP at the West Region. His responsibilities currently include reviewing and recommending for approval construction project’s baseline schedules, reviewing Contractor’s monthly schedule updates and preparing reports including tables, layouts and filters to show schedule changes, monthly progress, critical activities, and delays and recommendations to improve overall project’s schedule performance. In addition, he develops schedule scenarios to help the Construction Manager in the decision making and change order negotiation process, review Contractor’s time extension claims, prepare time extension claim analysis reports with recommendations and actively participate in time extension claims negotiation meetings with Contractors. Construction Coordinator, PRASA CIP, Puerto Rico. Gerald successfully managed construction teams including clients, designers, inspection firms, and contractors among other consultants. He managed several construction contracts to assure completion within budget and schedule, supervised project’s resident inspector, managed Designer’s support during construction to assure timely review of submittals and request for information (RFI), ensured that the construction work was performed in accordance with plans and specifications, evaluated and negotiated Contractor’s claims, prepared cost estimates, prepared and submit change orders documentation to the Owner, reviewed and recommended applications for payment, served as the liaison between the Contractor and the Owner to coordinate construction activities, facilitate and solve construction problems encountered, coordinate and participate of partial and final construction walk downs and recommend project’s substantial completion, monitored monthly progress and prepared monthly reports, and actively participated in weekly construction meetings. As part of PRASA’s CIP, he managed the following projects: Emergency Soil Stabilization for the Acietuna Water Storage Tank, New Pre-Sedimentation Tank at the Toa Vaca Water Filtration Plant as well as the Termination Project at the Toa Vaca Water Filtration Plant, Compliance Improvement Project for the Orocovis Water Filtration Plant, Design and Build of the Bridge Restoration and Raw Water Intake Improvements Project for the Patillas Water Filtration Plant, Emergency Replacement of the 24-inch Sanitary Sewer Line and River Embankment Restoration Project at Humacao, and the Distribution Tank Covers Installation Project at the Caguas Sur Water Filtration Plant. Project Manager, PRASA Automation Program, Puerto Rico. For the Automation program, Gerald was responsible for managing the software development phase. This required managing technical consultants as well as for close coordination with the Client to achieve the integration of the new software with the existing platform. He prepared request for proposals, managed consultants contracts, follow up on daily activities, monitoring project progress, and prepared progress reports. The new software was successfully implemented at 30 sites. Years Experience: 13 years Education: M Eng – Construction Engineering and Management University of Michigan; BS – Civil Engineering, University of Puerto Rico, Mayagüez Campus Licensing/Certifications: OSHA 10 hour Certificate, 2012 Gerald Soto Fernandez Construction Services 73City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Senior Construction Coordinator, Various Project, Various Locations. Gerald is currently providing construction management services for several projects such as: Membrane Treatment Conversion Project and Raw Water Repump Facilities Modification Project for Seacoast Utility Authority; Class I Landfill Cells 15 and 16 Lateral Expansion Project and Six-inch Leachate Force Main Replacement Project for the Solid Waste Authority of Palm Beach County (SWA) and Glades Road Water Treatment Plant Residuals System and Ancillary Improvements Project for the City of Boca Raton. Project Controls Engineer, Various Projects, PMA Consultants. Prior to joining CDM Smith, Gerald served as a Project controls engineer. He provided consulting services in the project controls and management field for several major capital improvements projects for Johnson and Johnson and the New York/New Jersey Port Authority. The projects ranged from $10M to $180M in design, construction, and commissioning/startup costs. Gerald prepared budgetary estimates, tracked project costs, developed and maintained schedules, prepared progress reports with forecast analysis, and performed risk analysis. Project Inspector, Various Projects, CMA Architects and Engineers. Gerald was responsible for inspecting a variety of industrial and public construction projects for compliance with construction drawings and specifications. He served as the liaison between the architect and engineering firm, the contractor, and the Owner. He also prepared daily reports, monitored progress, reviewed certifications for payment and change orders, prepared estimates and coordinated and maintained document control including but not limited to RFI and project submittals. Professor (Part Time), Construction Management Course, Polytechnic University of Puerto Rico, Puerto Rico. Gerald instructed the construction management course to undergrads level students. He was responsible of developing course outline, lessons plans, prepared and administered tests, as well as special projects. Project Engineer, Various Projects, Structural Preservation System, FL. Gerald worked as a project engineer for a general contractor in Fort Lauderdale, FL. He was involved in the structural restoration projects for residential and commercial buildings. His responsibilities included monitoring of construction progress and quality, developing and maintaining schedules, helping develop construction estimates, preparing change order documentation, tracking project’s expenditures and productivity, gathering field data to prepare certifications for payments, participating in weekly meetings, helping in the procurement and delivery of material and equipment, and helping in the preparation of maintenance of traffic (MOT) and Safety Plans. 74 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Lauren M. Miller Sustainability BIOGRAPHY Lauren specializes in climate change services, including greenhouse gas management, state and federal regulations, voluntary emissions reporting programs, climate change vulnerability assessments and adaptation plans. She has served as the technical lead on several municipal climate change-related projects throughout the US and internationally. With more than12 years of experience, she has worked closely with a broad range of stakeholders, from city department heads to CEOs to facility managers. Lauren is skilled in developing team relationships and project execution. RELEVANT EXPERIENCE Inventory Specialist and Greenhouse Gas (GHG) Strategic Expert, Boynton Beach Climate Action Plan, City of Boynton Beach, FL. The City of Boynton Beach received Energy Efficiency and Conservation Block Grant (EECBG) funding from the Department of Energy to conduct a GHG City facilities and community-wide GHG inventory and Climate Action Plan. Using the International Council for Local Environmental Initiatives (ICLEI) Clean Air Climate Protection software, Lauren created a GHG inventory based on data collected by City and state officials. Working with City officials, she established GHG emission forecasting years along with GHG emission scenarios to assist the City with GHG planning. She wrote a detailed report analyzing the results of the GHG inventory and forecasting. Lauren presented the resulting information to the Boynton Beach City Council. She task managed the GHG inventory aspect of this project. Inventory Specialist and Greenhouse Gas Strategic Expert, Lake Worth GHG Inventory, City of Lake Worth, FL. The City of Lake Worth conducted a GHG City facilities and community-wide GHG inventory and Climate Action Plan. Using an excel based model that incorporated calculation methodologies from the EPA GHG Mandatory Reporting Rule (40 CFR 98) and The Climate Registry, Lauren created a GHG inventory based on data collected by City and state officials. Working with City officials, she established GHG emission forecasting years along with GHG emission scenarios to assist the City with GHG planning. Lauren wrote a detailed report analyzing the results of the GHG inventory and forecasting. She task managed the GHG inventory aspect of this project. Project Manager and Technical Lead, Salem Vulnerability Assessment and Adaptation Plan, City of Salem, MA. CDM Smith partnered with Salem for a CDM Smith-sponsored Research and Development project to conduct a Climate Change Vulnerability Assessment and Adaptation Plan. The project established the top three climate change impacts based on downscaled Global Climate Models (GCMs), research from the National Oceanic and Atmosphere Administration (NOAA), and other sources. Lauren led the vulnerability assessment using the ICLEI approach to determine the sensitivity and the adaptive capacity of assets within the City. The adaptation plan outlined specific strategies for the City to make their climate vulnerable areas into climate resilient areas. The sectors included in this work were: water systems, stormwater, transportation, energy, critical infrastructure, and vulnerable populations. Greenhouse Gas Expert, City of Asheville Sustainability Plan, City of Asheville, NC. The City of Asheville, NC, is creating a city-wide Sustainability Plan which will address five major components – buildings, transportation, water systems, solid waste, and land use. Lauren is collaborating with the lead technical experts for each component to quantify greenhouse gas emissions reduced as part of each recommended sustainable option. These GHG reduction estimates will help the City evaluate each recommendation relative their city-wide reduction goal of no less than two percent per year. Inventory Specialist and Task Manager, Energy Action Plan, City of Charlotte, NC. The City of Charlotte received Energy Efficiency and Conservation Block Grant (EECBG) funding from the Department of Energy to conduct a GHG city facilities and community-wide GHG inventory and Energy Action Plan. Using the ICLEI Clean Air Climate Protection Years Experience: 12 years Education: MA – Energy and Environmental Analysis, Boston University; BS – Environmental Studies, Elon University Lauren M. Miller Sustainability 75City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C software, Lauren created a GHG inventory based on data collected by City and state officials. In addition, she wrote a report analyzing the results of the GHG inventory for use in the Energy Action Plan. She task managed the GHG inventory aspect of this project. Task Lead and Climate Change Vulnerability Expert, Regional Assessments of Climate Change, US Army Corps of Engineers (USACE) Institute for Water Resources (IWR), Nationwide. The USACE IWR tasked CDM Smith with assessing the observed and future impacts of climate change in 21 different 2-digit hydrologic unit codes (HUC) throughout the country. The project involved researching climate change impacts specific to the location of each HUC and determining the vulnerability on the USACE business lines, including: navigation, flood risk management, water supply, ecosystem restoration, hydropower, recreation, emergency management, regulatory, and military programs. Lauren led the task to determine the climate change vulnerabilities for each business line, specific to the HUC. Climate Change Expert, Federal Emergency Management Agency, Nationwide. CDM Smith is creating a report on new climate change adaptation projects that the Federal Emergency Management Agency (FEMA) may consider including in their list of projects types. Lauren led the task of establishing the regional climate change impacts throughout the country, based on credible, recent research. This information was used to determine new project types that FEMA may consider for funding under their jurisdiction. Project Manager and Climate Change Expert, Boston Living with Water Design Competition, Boston Harbor Association, MA. The Boston Harbor Association held a design competition to find resilient options for three areas on the coast that will be vulnerable to sea level rise in 2100. CDM Smith’s submittal for the Morrissey Boulevard area of Boston included resilient designs with adaptive infrastructure (transportation, the Massachusetts Bay Transportation Authority (MBTA), energy utilities, and water services), an elevated boulevard to maintain function during flood events, and restored natural resources with green infrastructure. Lauren served as the project manager and a technical lead for this effort. Project Manager and Climate Change Adaptation Expert, Harvard University, MA. The Boston Redevelopment Authority (BRA) has requested that Harvard University evaluate climate change vulnerabilities and potential adaptation measures as part of their Institutional Master Plan submittal for nine specific projects on the Allston campus. Ms. Miller is working with Harvard University to assess potential vulnerabilities on the campus at a high level to respond to the BRA’s request, while suggesting no-regret adaptation measures for consideration. Project Manager, Logan Centerfield Taxiway Air Quality Monitoring Study, Massachusetts Port Authority, MA. As a condition of the construction of the centerfield taxiway at Logan International Airport (Logan), the Massachusetts Port Authority (Massport) was required to collect air quality data near the flight paths and in the neighborhoods surrounding Logan before and after the construction of the taxiway. CDM Smith was tasked with analyzing this data and comparing the pre- and post-taxiway construction air quality. This project involves coordination of statistical analysis, a detailed technical report, and presenting information to the public. Lauren manages the project. Task Manager, ACRP Project 02-30, Enhancing the Airport-Industry SAGA Website, Transportation Research Board. The basis of this Transportation Research Board (TRB) project is to update the Sustainable Aviation Guidance Alliance’s (SAGA) website and associated database of sustainability measures for airports. Lauren served as task manager for the enhancements to the SAGA website and database resource that focus on creating a customizable format, improved search functions, easier navigation, a user’s guide for the database, and a more streamlined list of sustainability practices and projects. GHG Expert, Cape Cod Commission, MA. Fourteen communities in Cape Cod, MA were considering waste disposal options. The Commission was interested in the GHG impacts associated with the disposal of waste, the generation of electricity from the waste, and the transportation of waste to various sites. Lauren conducted a GHG emission analysis of waste sent to landfill with a landfill gas (LFG) control system, a waste to energy facility, the electricity displaced from the grid by using waste and LFG as a fuel, and transportation of the rail or truck. Greenhouse Gas Emissions Expert, ACRP Project 02-10, Practical Greenhouse Gas Emission Reduction Strategies for Airports, Transportation Research Board. CDM Smith is working on a guidebook and application tool of practical HG reduction strategies for airports. Lauren has been involved in every aspect of this project. To date, she has compiled multiple different GHG reduction strategies from an extensive literature review, assisted in the development of analysis criteria – particularly in how GHG reductions should be evaluated for different strategies, and coordinated with the application tool team to assist in making the tool user-friendly. 76 City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Sharon J. Merchant Public Involvement BIOGRAPHY Sharon Merchant brings 29 years of public and private leadership experience as a Member of the Florida House of Representatives; Vice President of a growing construction equipment rental business; and President of the woman-owned business enterprise (WBE). The Merchant Strategy, Inc. (TMS); providing clients public involvement and governmental and community relations. She has worked with public and private clients throughout the state of Florida and brings a depth of knowledge and experience working with different stakeholders in South Florida. As President of TMS, Sharon is responsible for development of new clients, firm and contract management, and strategic planning. She has teamed with CDM Smith for the Solid Waste Authority of Palm Beach County (SWA) Waste-to-Energy Facility, providing public involvement services. RELEVANT EXPERIENCE Public Involvement Officer, Private Firm, Project Development and Environmental (PD&E Study), Midway Road, St. Lucie County, FL. Stakeholder meetings were facilitated on a frequent basis, to alleviate resident fears that the character of the area would be negatively impacted. Press releases were written, all meetings were recorded, and minutes were provided. Sharon interacted with residents, engineers, County Commissioners, and all interested parties. Public Involvement Consultant, City of West Palm Beach, FL. Sharon helped solve challenges, such as strained internal and external relationships. Weekly meetings strengthened communications between the City and Florida Department of Transportation (FDOT), Palm Beach County, and the community. She delivered a variety of public involvement processes and activities comprising the blueprint to ensure awareness of all new construction. Public Involvement Officer, CDM Smith, SWA, West Palm Beach, FL. Sharon developed a fact sheet for stakeholders, built a database, responded to the concerns of citizens and secured meetings for the FDOT with elected officials for Multi Model Planning Enhancement Activities throughout Miami-Dade and Monroe Counties, including milling, paving, and widening the northbound shoulder for emergency evacuation. Public Involvement Project Manager, CDM Smith, SWA, West Palm Beach, FL. Sharon developed a plan to engage the leadership of all cities and towns, residents and stakeholders that were within proximity of the possible landfill sites. Sharon guided stakeholders through controversial issues and prepared the public by providing information to all stakeholders methodically to ensure buy in from all constituents. Sharon ultimately assisted in guiding stakeholders to accept a decision regarding the siting of a new landfill in Western Palm Beach County. In addition to facilitating meetings with stakeholders, Sharon also developed and managed the design of collateral materials to support this effort that included, newsletters, press releases, fact sheets, and general correspondence with public officials, residents and stakeholders. Sharon minimized objections and addressed not in my back yard (NIMBY) problems before they occurred. Public Involvement Project Manager, CDM Smith/Other Professional Consultants Team, SWA, West Palm Beach, FL. Sharon assisted the team in securing the largest contract ever granted by Palm Beach County—a $672M net present value—to build waste to energy facility. She worked with all stakeholders, including environmentalists and disgruntled union workers to keep them informed, and to define the needs and goals of all parties. Years Experience: 29 years Education: BS – International Affairs, Florida State University Sharon J. Merchant Public Involvement 77City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Public Involvement Officer, Professional Consultant, I-95 PD&E Study from South of Southwest High Meadows Road to North of Becker Road, FDOT District 4, FL. Sharon developed a Public Involvement Plan to inform residents and business owners in north Martin and south St. Lucie Counties about additional lane alternatives under consideration for I-95. She identified stakeholders, built databases, and kept local elected officials informed. Public Involvement Officer, Professional Consulting Firm, Boynton Beach, FL. Ms. Merchant provided quality control as her team delivered public involvement for the City of Boynton Beach Utilities projects. TMS provided graphic design and production of brochures, arranging public meetings, notifying stakeholders, and social media. Public Involvement Officer, Professional Consulting Firm, Florida Turnpike Enterprise, FL. Sharon will provide quality assurance/quality control (QA/QC) for public involvement service for the widening of SR 91, including helping to write the CAP plan, graphics, creating a PowerPoint, and newsletters. Public Involvement Officer, Professional Consulting Firm, Off-System Bridge Replacement, Palm Beach County, FL. For the four bridges being replaced databases will be created, modification letters written and distributed, renderings, PowerPoints, set-up, and staff meetings. Public Involvement Officer, Professional Consulting Firm, Riviera Beach, FL. Sharon will provide QA/QC for preparation of the database, newsletters, and graphics for typical sections. This page left intentionally blank. City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C78 Chapter 6 | Response Requirements (Section 2, Items 2B, 2C, 2D, 2E, & 2F) C h a p t e r 7 : E v i d e n c e o f I n s u r a n c e CH A P T E R 7 Evidence of Insurance 79City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C Chapter 7 Evidence of Insurance Per the City’s Request for Qualifications (RFQ), we have included evidence of insurance below. City of Delray Beach, FL | City-wide Project Management Services | RFQ No. 2016-111C80 Chapter 7 | Evidence of Insurance This page left intentionally blank. City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-467,Version:1 TO:Mayor and Commissioners FROM:Theresa Webb, Chief Purchasing Officer THROUGH:Neal de Jesus, Interim City Manager DATE:June 6, 2017 AWARD OF A PURCHASE AGREEMENT TO INTERLINE BRANDS, INC. DBA SUPPLYWORKS FOR PURCHASE OF JANITORIAL SUPPLIES Recommended Action: Motion to Award a purchase agreement to Interline Brands, Inc. DBA Supplyworks for janitorial supplies in the not-to-exceed amount of $175,000 per Fiscal Year. Background: On March 20, 2017, Purchasing issued ITB No. 2017-052 for janitorial supplies. Fifteen bids were received. Eleven were deemed responsive and responsible as indicated in the list below. All Green Chemical, All Brand Supplies Distributor, and ALJ Service submitted bids that did not meet the material requirements of the solicitation and therefore were deemed non-responsive. Unipak Corporation submitted a bid that did not meet the minimum qualifications of the solicitation and therefore was deemed non-responsible. The lowest responsive, responsible bidder is Interline Brands, Inc. DBA Supplyworks. The janitorial supplies include, but are not limited to, trash bags, tissue and towels, cleaners, air fresheners, and brooms and will be stocked at the Central Warehouse for use City-wide including Parks, Recreation, and Building Maintenance. Bidder Number of Items Bid Total Bid Price ·Interline Brands, Inc.45 $70,712.24 ·AGNI Enterprises, LLC 45 $88,203.99 ·Glocecol LLC 45 $88,954.75 ·Morning Star Industries Inc.41 $103,729.10 ·IPhone and IPad Warehouse LLC 40 $85,955.89 ·Pyramid Paper Company 28 $23,108.10 ·NCH2 Corporation 11 $13,289.40 ·Central Poly-Bag Corp. 8 $20,088.30 ·All American Poly Corp 6 $9,131.35 ·Interboro Packaging Corp 6 $12,989.20 ·Calico Industrial Supply of Florida, LLC 6 $17,645.75 The spend for janitorial supplies during the past three years is as follows: Year Spend FY15 $161,000 City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-467,Version:1 FY16 $176,000 FY17 YTD $105,000 Based upon the annual estimated usage of a market basket of 45 of the most commonly used items, Interline Brands, Inc. DBA Supplyworks (Supplyworks) submitted a bid amount of $70,712.24. Approval of a total not-to-exceed amount of $175,000 is requested to allow for the purchase these items and all other janitorial supplies not listed in the bid. 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 various departments' approved janitorial expense line items. City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 Invitation to Bid 2017-052 Janitorial Supplies (485) MAYOR - CARY D. GLICKSTEIN VICE MAYOR - JORDANA JARJURA DEPUTY VICE MAYOR - MITCH KATZ COMMISSIONER - SHELLY PETROLIA INTERIM CITY MANAGER - NEAL DE JESUS Purchasing Department ♦(561) 243-7129 ♦ purchasing@mydelraybeach.com CITY INVITATION TO BID 2017-052 CONFIRMATION OF RECEIPT OF BID Title: Janitorial Supplies 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. Bidders should keep this form with their records. Submission Deadline: April 18, 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 2017-052 Janitorial Supplies Page | 1 CITY OF DELRAY BEACH ITB No. 2017-052 Janitorial Supplies Contents INVITATION TO BID INSTRUCTIONS ...................................................................................... 2 SECTION 1: TERMS AND CONDITIONS .................................................................................. 5 SECTION 2: BID FORMAT .......................................................................................................13 SECTION 3: SPECIFICATIONS ...............................................................................................15 SECTION 4: FORMS FOR BID .................................................................................................20 Appendix A - Sample Agreement Appendix B - Pricing Page ITB 2017-052 Janitorial Supplies Page | 2 CITY OF DELRAY BEACH PURCHASING DEPARTMENT TEL: (561) 243-7161 FAX: (561) 243-7166 INVITATION TO BID INSTRUCTIONS ITB NO: 2017-052 TITLE: Janitorial Supplies ISSUE DATE: March 20, 2017 DEPARTMENT: Purchasing DUE DATE: April 18, 2017 TIME: 2:00 PM ET The City of Delray Beach, Florida (City) is soliciting bids for Janitorial Supplies for the Central Warehouse, as identified herein. Bidders must comply with the requirements contained in this Invitation to Bid (ITB) and submit all the required information and forms. 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. 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 ITB 2017-052 Janitorial Supplies Page | 3 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, indefinite, or ambiguous responses; fails to comply with the applicable deadlines; provides improper or undated signatures; or provides information that is false, misleading, or ITB 2017-052 Janitorial Supplies Page | 4 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 janitorial supplies to the City’s Central Warehouse on a term contract per 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 March 20, 2017 Deadline for Delivery of Questions April 10, 2017 Due Date and Time (for delivery of Bids) April 18, 2017, 2:00 P.M., ET Institute Cone of Silence April 18, 2017, 2:00 P.M., ET Phase 1 Evaluation Complete April 25, 2017 Phase 2 Bid Tabulation Complete April 25, 2017 ITB 2017-052 Janitorial Supplies 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 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 submitted 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 • Appendix B Pricing Page 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. TERM OF AGREEMENT: The Agreement, a sample of which is attached and made part of this ITB as Appendix A, will be in full force and effect upon full execution by the City of Delray Beach. The term of the Agreement shall be for a three-year period from June 5, 2017 through June 4, 2020 with one, two-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. 5. PRICING DISCOUNTS: 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. 6. 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. ITB 2017-052 Janitorial Supplies Page | 6 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. 7. 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. 8. 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. 9. 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 ITB 2017-052 Janitorial Supplies Page | 7 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. 10. 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 final execution of the Agreement. ITB 2017-052 Janitorial Supplies Page | 8 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. 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. 11. 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. 12. 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. 13. 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. 14. 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 ITB 2017-052 Janitorial Supplies Page | 9 15. EXCEPTIONS TO CONDITIONS: In the event Bid Specifications and Special Provisions differ from the Terms and Conditions; the Bid Specifications and Special Provisions will prevail. 16. 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 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. 17. 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). 18. 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. 19. 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. 20. 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. 21. 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. ITB 2017-052 Janitorial Supplies Page | 10 22. 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 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 23. 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. ITB 2017-052 Janitorial Supplies Page | 11 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. 24. 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. 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 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. 26. 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. 27. METHOD OF ORDERING: Purchase Orders will be issued for purchases under the Agreement. ITB 2017-052 Janitorial Supplies Page | 12 28. 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. [Remainder of page intentionally left blank] ITB 2017-052 Janitorial Supplies 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. Bidder 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 provided janitorial supplies under contract to a minimum of two clients during the past four years. Provide the following information for the two qualifying clients. (NOTE: both qualifying clients MUST respond to an inquiry from the City to confirm the contracts in order for Bidder to meet this minimum qualification requirement): 1. Entity Name 2. Entity’s Primary Contact for contract a. Name b. Title c. Phone Number d. Email Address 3. Contract Term (Start/End Date) 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 Documentation Chapter 3 Form 1, Bid Submittal Signature Page Form 2, Public Entity Crimes Form 3, Drug-Free Workplace ITB 2017-052 Janitorial Supplies Page | 14 Form 4, Conflict of Interest Form 5, Acknowledgement of Addenda Chapter 4 Form 6, Schedule of Pricing Appendix B, Pricing Page 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. 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 by an authorized official of Bidder and dated within the past 12 months. [Remainder of page intentionally left blank] ITB 2017-052 Janitorial Supplies Page | 15 SECTION 3: SPECIFICATIONS 1. SCOPE: The successful Bidder will furnish and deliver janitorial supplies to the Central Warehouse per the specifications and requirements herein. 2. BACKGROUND: The City Central Warehouse is located at 434 S. Swinton Avenue, Delray Beach, FL 33444. The Central Warehouse maintains inventory of janitorial supplies to be utilized city-wide including those utilized by the City’s contracted janitorial service provider. Over the past several years the City has purchased requirements on an ad hoc basis. The City’s goal with this solicitation is to combine all purchases for janitorial supplies into a single contract. As such, the City anticipates award to one Bidder. However, the City reserves the right to award to multiple Bidders if it is in the best interest of the City to do so. Bidders may elect to submit pricing on some or all items. 3. SPECIFICATIONS: The items listed below represent a market basket of the most commonly purchased janitorial supplies by the City. Bidder should bid the manufacturer and model noted in these specifications. If Bidder proposes any alternate products, Bidder must submit manufacturer information for the alternate item bid. The City at its sole discretion will determine if the alternate bid item(s) is acceptable to the City. Bidder may be required to provide samples of any alternate bid item for testing and/or evaluation. Description Manufacturer 1 XTREME TUFF 40x48 BLK LD 1.50 Mil CAN LINER 45 - 100 PER CASE JR PLASTICS CORP 2 8J8 DART 8oz FOAM CUP - 1000 PER CASE DART CONTAINER CORP 3 7OZ CONEX GLAXY TRANSLUCENT CUP - 2500 PER CASE SOLO CUP COMPANY 4 05701 WYPALL L40 WH WIPER QFOLD 12.5x14.4 - 18 PACKS OF 56; 1008 PER CASE KIMBERLY CLARK 5 31400 ECOSOFT CONTROLLED WHITE ROLL TOWELS - 800 SHEETS PER ROLL, 6 ROLLS PER CASE WAUSAU PAPER/BAY WEST 6 61600 ECOSOFT CONTROLLED TOILET TISSUE - 616 SHEETS PER ROLL, 48 ROLLS PER CASE WAUSAU PAPER/BAY WEST 7 74276 LYSOL COUNTRY SCENT DISINF SPRAY 19 oz., 12 CANS PER CASE RECKITT & BENCKISER 8 04650 LYSOL DISINFECTANT SPRAY ORIGINAL SCENT, 12 CANS PER CASE RECKITT & BENCKISER ITB 2017-052 Janitorial Supplies Page | 16 Description Manufacturer 9 04675 LYSOL DISINFECT SPRAY FRESH SCENT,12 CANS PER CASE RECKITT & BENCKISER 10 ANTISEPTIC HAND CLEANER, GALLON; 4 GALLONS PER CASE LAGASSE BROS INC 11 0510-12 BULLDOZER A/P CLNR/DEGREADY TO USE, QUART, 12 QUARTS PER CASE MIDLAB INC 12 01102 60" WOOD THREADED HANDLE ABCO BROOM & MOP MFG CORP 13 9BI8 24" HEAVY PUSH BROOM RUBBERMAID COMMERCIAL 14 BH11004 24" FINE PUSH BROOM ABCO BROOM & MOP MFG CORP 15 VIC BAY ANT & ROACH KILLER 14oz, 12 CANS PER CASE CLAIRE MANUFACTURING 16 VIC BAY WASP & HORNET KILLER 20oz CP005, 12 CANS PER CASE CLAIRE MANUFACTURING 17 11008745041 VIC BAY GERMICIDALBLEACH, GALLON; 6 GALLONS PER CASE KIK CUSTOM PRODUCTS 18 45114 JOY MANUAL POT & PAN DISH DETERGENT LIQUID, 38 oz, 8 BOTTLES PER CASE PROCTER & GAMBLE 19 74D PREM SCRUBBING SPONGE YELL/GRN 3.5"x6" 700, 24 SPONGES PER CASE 3M 20 01901 CHERRY URINAL BLOCK/SCREEN COMBO, 12 UNITS PER CASE HOSPECO 21 08411 4OX TOILET BOWL BLOCK W/HANGER, 12 UNITS PER CASE HOSPECO 22 91565 KLEENEX LUXURY FRAGRANCE FREE, 48 BOXES PER CASE KIMBERLY CLARK 23 9651-24 PURELL INSTANT HAND SANITIZER 4.25 oz, 24 BOTTLES PER CASE GOJO INDUSTRIES INC 24 CLEAR SPRAY BOTTLE - 32oz Impact Products ITB 2017-052 Janitorial Supplies Page | 17 Description Manufacturer 25 CITRUS CLEANER AND DEGREASER, QUART; 12 QUARTS PER CASE Betco 26 NON-ACID BOWL CLEANER 1 QUART, 12 QUARTS PER CASE RENOWN 27 ACID BOWL CLEANER, QUART, 12 QUARTS PER CASE RENOWN 28 WINDEX POWERIZED FOAMING GLASS CLEANER W/AMMONIA D - 20 oz, 12 BOTTLES PER CASE Diversey, Inc. 29 PREMIER AEROSOL DISPENSING REFILL SWEET ORCHARD 6 OZ, 12 UNITS PER CASE RENOWN 30 STANDARD LOOP-END BLEND WET MOP HEAD WITH 5 IN. HEADBAND, BLUE, MEDIUM, 12 UNITS PER CASE RENOWN 31 BORAXO POWDERED HAND SOAP 5 LB, 10 UNITS PER CASE Dial 32 ROLLED RIM CONE CUPS 4.5 OZ, 5,000 UNITS PER CASE KONIE 33 C-FOLD PAPER TOWELS, NATURAL, 10 1/8 IN. X 13 IN., 200 SHEETS PER PACK, 12 PACKS PER CASE RENOWN 34 CORELESS BATH TISSUE, 2-PLY, 1,000 SHEETS PER ROLL, 36 ROLLS PER CASE Kimberly Clark 35 FLAT FACIAL TISSUE, 2-PLY, WHITE, 100 TISSUES PER BOX, 46 BOXES PER CASE Kimberly Clark 36 SCOTT TOILET SEAT COVER 15X18, 24 COVERS PER SLEEVES, 250 SLEEVES PER CASE Kimberly Clark 37 15X9X32 1.0 LNR BLK MDB3 15-16 Gallons, 500 UNITS PER CASE Calico Industries, Inc. 38 LOW DENSITY TRASH BAG LINERS, 20-30 GAL, 16" x 14"D x 37"L, 4.0 Mil, Black, 100 PER CASE Calico Industries, Inc. 39 LOW DENSITY TRASH BAG LINERS, 55 GALLON, 22" x 14" x 60", 4.0 MIl, Black, 50 PER CASE Calico Industries, Inc. 40 100 ft. x 10 ft. POLYETHYLENE CONSTRUCTION FILM, CLEAR POLAR PLASTICS ITB 2017-052 Janitorial Supplies Page | 18 Description Manufacturer 41 HOT SHOT INDOOR FOGGER, 3 2 OZ. CANS PER CASE Hot Shot 42 ELECTRO 140° CONTACT CLEANER 11 OZ Can SKU 00916, 12 CANS PER CASE Lps laboratories 43 OFF! DEEP WOODS DRY INSECT REPELLENT VIII 4 OZ, 12 CANS PER CASE Diversey, Inc. 44 LOW DENSITY TRASH BAGS LINERS 30-33 GALLON, 33"W X 40"L, 2.0 MIL, BLACK, 50 UNITS PER CASE CALICO INDUSTRIES, INC. 45 LOW DENSITY TRASH BAGS LINERS 20-30 GALLON., 16"W X 14"D X 37"L, 2.0 MIL, CLEAR, 50 UNUTS PER CASE CALICO INDUSTRIES, INC. [Remainder of page intentionally left blank] ITB 2017-052 Janitorial Supplies Page | 19 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 Minimum Qualification Documentation W-9 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 Appendix B, Pricing Page ITB 2017-052 Janitorial Supplies Page | 20 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 2017-052 Janitorial Supplies Page | 21 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 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 2017-052 Janitorial Supplies Page | 22 Form 1 - Signature Authority Indicate below Bidder’s type of organization and provide the required documentation as applicable to demonstrate that the executor of Bidder’s Bid 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. ITB 2017-052 Janitorial Supplies Page | 23 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 2017-052 Janitorial Supplies Page | 24 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 2017-052 Janitorial Supplies Page | 25 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 2017-052 Janitorial Supplies Page | 26 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 Firm Name (print) Signature Date Printed Name and Title ITB 2017-052 Janitorial Supplies Page | 27 Form 6 - Schedule of Pricing Bidder Name: A. PRICING: Bidder must submit pricing per the specifications detailed in this ITB using the Appendix B, Pricing Page. Appendix B, in Microsoft Excel® format, is posted with this ITB and available for download. Bidders should use the Appendix B in Microsoft Excel® format for submission of bid pricing. B. PRICING CALCULATION: Appendix B, Pricing Page represents a market basket of the most commonly purchased janitorial supply items by the City. The City, at its sole discretion, may purchase other janitorial supplies not listed on Appendix B. Bidder shall price all such other janitorial supplies using the same calculation method as utilized for its submission of bid pricing. Provide in the space below the method by which prices submitted were calculated (e.g., cost + ___% markup, MSRP - ___% discount). Be specific. C. PRICE ESCALATION/DE-ESCALATION: Pricing submitted in response to this ITB will be valid for the initial one year term of the Agreement. Thereafter, on an annual basis prior to exercising any renewal option, requests 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 twelve month period (Not Seasonally Adjusted, Chemicals and allied products, Miscellaneous end use chemicals and chemical products, WPU06140399B). The City, at its sole discretion, may request any de-escalation in price during the applicable twelve-month period. D. 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 E. BID INFORMATION WAS OBTAINED FROM: BidSync Newspaper Ad City Hall City Website Other (specify) _______________________________________ Appendix A, Sample Agreement City of Delray Beach 1 Janitorial Supplies Agreement CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 PURCHASE AGREEMENT FOR SOLICITATION NO. 2017-052 CENTRAL WAREHOUSE JANITORIAL SUPPLIES TERM AGREEMENT <SUPPLIER> Appendix A, Sample Agreement City of Delray Beach 2 Janitorial Supplies Agreement CITY OF DELRAY BEACH 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 N.W. 1st Avenue, Delray Beach, FL 33444 and <company> (hereinafter referred to as Supplier), whose address is <address>, this ____ day of _____, 20__. WITNESSETH: WHEREAS, the City issued a solicitation 2017-052 for janitorial supplies on March 20, 2017; WHEREAS, Supplier submitted a response to the solicitation dated <date>. WHEREAS, the City desires to purchase janitorial supplies from Supplier subject to the terms and conditions of Solicitation No. 207-052, Supplier’s Bid response to Solicitation No. 2017- 052, and this Agreement. Solicitation No. 2017-052 and Suppliers Bid response hereto are attached and incorporated herein as Exhibits “A” and “B” respectively. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the parties do agree that the Agreement is amended as follows: 1. The above recitals are true and correct and are incorporated herein. 2. The Supplier shall provide to the City janitorial supplies in accordance with and pursuant to the terms, conditions and pricing as set forth. 3. This Agreement is in full force and effect upon full execution by the City for a not-to-exceed amount of <amount> Dollars ($<xxx>). The term of the Agreement shall be from June 5, 2017 through June 4, 2020, unless terminated earlier by the City, with one, two-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 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 Appendix A, Sample Agreement City of Delray Beach 3 Janitorial Supplies Agreement 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 6. This Agreement shall be construed in accordance with the City of Delray Beach Code of Ordinances and the laws of the State of Florida without respect to any conflict of laws. Any dispute relating to this Agreement shall only be filled 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. The following Public Records provision is hereby added and incorporated into the Agreement. 12. Public Records 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 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. Appendix A, Sample Agreement City of Delray Beach 4 Janitorial Supplies Agreement 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. Supplier 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. 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. 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 ATTN: City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 With Copy To: City of Delray Beach ATTN: City Attorney 200 N.W. 1st Ave. Delray Beach, FL 33444 For Supplier: ________________________ ________________________ ________________________ 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. Supplier 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 sub licensees and lower Appendix A, Sample Agreement City of Delray Beach 5 Janitorial Supplies Agreement tier sub licensees. Supplier understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Supplier 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. 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. ITB No. 2017-052, Janitorial Supplies, dated March 20, 2017, and all its addenda; C. Supplier’s response to ITB No. 2017-052, Janitorial Supplies, and any subsequent information submitted by Supplier during the evaluation process. [Remainder of page intentionally left blank] Appendix A, Sample Agreement City of Delray Beach 6 Janitorial Supplies Agreement IN WITNESS WHEREOF, the City and Supplier hereto have set their hands and corporate seals on this ______ day of __________________, 2017. ATTEST: CITY OF DELRAY BEACH BY: Kimberly Wynn, Interim City Clerk Cary D. Glickstein, Mayor Approved as to form for legal sufficiency: R. Max Lohman, City Attorney SUPPLIER 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 Ap p e n d i x B Pr i c i n g P a g e De s c r i p t i o n Ma n u f a c t u r e r It e m N u m b e r Es t i m a t e d An n u a l Us a g e UO M U n i t P r i c e E x t e n d e d P r i c e Alternate Bid Item Mfg, Model & Case Pack 1 XT R E M E T U F F 4 0 x 4 8 B L K L D 1 . 5 0 M i l C A N L I N E R 4 5 - 1 0 0 PE R C A S E J R P L A S T I C S C O R P 5 9 0 3 0 25 5 C a s e $ - 2 8 J 8 D A R T 8 o z F O A M C U P - 1 0 0 0 P E R C A S E DA R T C O N T A I N E R CO R P 8 0 0 9 7 10 C a s e $ - 3 7O Z C O N E X G L A X Y T R A N S L U C E N T C U P - 2 5 0 0 P E R CA S E SO L O C U P CO M P A N Y 2 9 3 0 7 2 15 C a s e $ - 4 05 7 0 1 W Y P A L L L 4 0 W H W I P E R Q F O L D 1 2 . 5 x 1 4 . 4 - 1 8 PA C K S O F 5 6 ; 1 0 0 8 P E R C A S E K I M B E R L Y C L A R K 3 3 8 0 3 0 13 0 C a s e $ - 5 31 4 0 0 E C O S O F T C O N T R O L L E D W H I T E R O L L T O W E L S - 80 0 S H E E T S P E R R O L L , 6 R O L L S P E R C A S E WA U S A U PA P E R / B A Y W E S T 3 4 6 1 2 9 50 0 C a s e $ - 6 61 6 0 0 E C O S O F T C O N T R O L L E D T O I L E T T I S S U E - 6 1 6 SH E E T S P E R R O L L , 4 8 R O L L S P E R C A S E WA U S A U PA P E R / B A Y W E S T 3 7 4 0 5 4 50 C a s e $ - 7 74 2 7 6 L Y S O L C O U N T R Y S C E N T D I S I N F S P R A Y 1 9 o z . , 1 2 CA N S P E R C A S E RE C K I T T & BE N C K I S E R C 0 0 0 8 2 7 C a s e $ - 8 04 6 5 0 L Y S O L D I S I N F E C T A N T S P R A Y O R I G I N A L S C E N T , 12 C A N S P E R C A S E RE C K I T T & BE N C K I S E R C 0 0 0 8 4 7 C a s e $ - 9 04 6 7 5 L Y S O L D I S I N F E C T S P R A Y F R E S H S C E N T , 1 2 CA N S P E R C A S E RE C K I T T & BE N C K I S E R C 0 0 0 8 7 7 C a s e $ - 10 AN T I S E P T I C H A N D C L E A N E R , G A L L O N ; 4 G A L L O N S PE R C A S E L A G A S S E B R O S I N C D 0 0 0 9 9 6 C a s e $ - 11 05 1 0 - 1 2 B U L L D O Z E R A / P C L N R / D E G R E A D Y T O U S E , QU A R T , 1 2 Q U A R T S P E R C A S E M I D L A B I N C D 0 1 0 1 6 25 C a s e $ - 12 0 1 1 0 2 6 0 " W O O D T H R E A D E D H A N D L E AB C O B R O O M & MO P M F G C O R P D 0 4 1 6 0 12 E a c h $ - 13 9 B I 8 2 4 " H E A V Y P U S H B R O O M RU B B E R M A I D CO M M E R C I A L D 0 4 1 2 7 12 E a c h $ - 14 B H 1 1 0 0 4 2 4 " F I N E P U S H B R O O M AB C O B R O O M & MO P M F G C O R P D 0 4 0 6 0 12 E a c h $ - 15 VI C B A Y A N T & R O A C H K I L L E R 1 4 o z , 1 2 C A N S P E R CA S E CL A I R E MA N U F A C T U R I N G E 0 0 0 2 0 12 C a s e $ - 16 VI C B A Y W A S P & H O R N E T K I L L E R 2 0 o z C P 0 0 5 , 1 2 C A N S PE R C A S E CL A I R E MA N U F A C T U R I N G E 0 0 0 2 4 12 C a s e $ - Ci t y o f D e l r a y B e a c h IT B N o . 2 0 1 7 - 0 5 2 Ja n i t o r i a l S u p p l i e s Pa g e 1 Ap p e n d i x B Pr i c i n g P a g e De s c r i p t i o n Ma n u f a c t u r e r It e m N u m b e r Es t i m a t e d An n u a l Us a g e UO M U n i t P r i c e E x t e n d e d P r i c e Alternate Bid Item Mfg, Model & Case Pack 17 11 0 0 8 7 4 5 0 4 1 V I C B A Y G E R M I C I D A L B L E A C H , G A L L O N ; 6 GA L L O N S P E R C A S E KI K C U S T O M PR O D U C T S G 0 0 0 7 7 13 0 C a s e $ - 18 45 1 1 4 J O Y M A N U A L P O T & P A N D I S H D E T E R G E N T LI Q U I D , 3 8 o z , 8 B O T T L E S P E R C A S E P R O C T E R & G A M B L E J 0 0 1 4 7 30 C a s e $ - 19 74 D P R E M S C R U B B I N G S P O N G E Y E L L / G R N 3 . 5 " x 6 " 7 0 0 , 24 S P O N G E S P E R C A S E 3 M K 0 2 1 0 2 1 C a s e $ - 20 01 9 0 1 C H E R R Y U R I N A L B L O C K / S C R E E N C O M B O , 1 2 UN I T S P E R C A S E H O S P E C O L 0 1 3 2 8 55 C a s e $ - 21 08 4 1 1 4 O X T O I L E T B O W L B L O C K W / H A N G E R , 1 2 U N I T S PE R C A S E H O S P E C O L 0 2 0 8 8 45 C a s e $ - 22 91 5 6 5 K L E E N E X L U X U R Y F R A G R A N C E F R E E , 4 8 B O X E S PE R C A S E K I M B E R L Y C L A R K L 0 3 0 1 8 10 C a s e $ - 23 96 5 1 - 2 4 P U R E L L I N S T A N T H A N D S A N I T I Z E R 4 . 2 5 o z , 2 4 BO T T L E S P E R C A S E GO J O I N D U S T R I E S IN C L 0 5 1 5 9 3 C a s e $ - 24 C L E A R S P R A Y B O T T L E - 3 2 o z Im p a c t P r o d u c t s 50 3 T 3 4 85 E a c h $ - 25 CI T R U S C L E A N E R A N D D E G R E A S E R , Q U A R T ; 1 2 QU A R T S P E R C A S E B e t c o 1 6 7 1 2 - 0 0 40 C a s e $ - 26 NO N - A C I D B O W L C L E A N E R 1 Q U A R T , 1 2 Q U A R T S P E R CA S E R E N O W N 0 2 8 3 6 - M S 5 C a s e $ - 27 A C I D B O W L C L E A N E R , Q U A R T , 1 2 Q U A R T S P E R C A S E R E N O W N 0 2 8 3 5 - M S 2 C a s e $ - 28 WI N D E X P O W E R I Z E D F O A M I N G G L A S S C L E A N E R W/ A M M O N I A D - 2 0 o z , 1 2 B O T T L E S P E R C A S E D i v e r s e y , I n c . 9 0 1 2 9 . 0 0 12 C a s e $ - 29 PR E M I E R A E R O S O L D I S P E N S I N G R E F I L L S W E E T OR C H A R D 6 O Z , 1 2 U N I T S P E R C A S E R E N O W N R E N 0 3 5 3 0 - C T 6 C a s e $ - 30 ST A N D A R D L O O P - E N D B L E N D W E T M O P H E A D W I T H 5 IN . H E A D B A N D , B L U E , M E D I U M , 1 2 U N I T S P E R C A S E R E N O W N R E N 0 2 1 5 0 2 C a s e $ - 31 BO R A X O P O W D E R E D H A N D S O A P 5 L B , 1 0 U N I T S P E R CA S E D i a l 7 2 4 6 1 8 . 0 0 4 C a s e $ - 32 RO L L E D R I M C O N E C U P S 4 . 5 O Z , 5 , 0 0 0 U N I T S P E R CA S E K O N I E 4 . 5 K R 25 C a s e $ - Ci t y o f D e l r a y B e a c h IT B N o . 2 0 1 7 - 0 5 2 Ja n i t o r i a l S u p p l i e s Pa g e 2 Ap p e n d i x B Pr i c i n g P a g e De s c r i p t i o n Ma n u f a c t u r e r It e m N u m b e r Es t i m a t e d An n u a l Us a g e UO M U n i t P r i c e E x t e n d e d P r i c e Alternate Bid Item Mfg, Model & Case Pack 33 C- F O L D P A P E R T O W E L S , N A T U R A L , 1 0 1 / 8 I N . X 1 3 I N . , 20 0 S H E E T S P E R P A C K , 1 2 P A C K S P E R C A S E R E N O W N 0 6 1 1 4 - W B 27 0 C a s e $ - 34 CO R E L E S S B A T H T I S S U E , 2 - P L Y , 1 , 0 0 0 S H E E T S P E R RO L L , 3 6 R O L L S P E R C A S E K i m b e r l y C l a r k 4 0 0 7 . 0 0 11 0 C a s e $ - 35 FL A T F A C I A L T I S S U E , 2 - P L Y , W H I T E , 1 0 0 T I S S U E S P E R BO X , 4 6 B O X E S P E R C A S E K i m b e r l y C l a r k K C C 2 1 4 0 0 20 C a s e $ - 36 SC O T T T O I L E T S E A T C O V E R 1 5 X 1 8 , 2 4 C O V E R S P E R SL E E V E S , 2 5 0 S L E E V E S P E R C A S E K i m b e r l y C l a r k 7 4 1 0 . 0 0 20 C a s e $ - 37 15 X 9 X 3 2 1 . 0 L N R B L K M D B 3 1 5 - 1 6 G a l l o n s , 5 0 0 U N I T S PE R C A S E C a l i c o I n d u s t r i e s , I n c . 9 9 1 0 1 8 4 . 0 0 20 5 C a s e $ - 38 LO W D E N S I T Y T R A S H B A G L I N E R S , 2 0 - 3 0 G A L , 1 6 " x 14 " D x 3 7 " L , 4 . 0 M i l , B l a c k , 1 0 0 P E R C A S E C a l i c o I n d u s t r i e s , I n c . 9 9 1 0 2 5 2 . 0 0 16 5 C a s e $ - 39 LO W D E N S I T Y T R A S H B A G L I N E R S , 5 5 G A L L O N , 2 2 " x 14 " x 6 0 " , 4 . 0 M I l , B l a c k , 5 0 P E R C A S E C a l i c o I n d u s t r i e s , I n c . 9 9 1 0 5 6 5 . 0 0 55 C a s e $ - 40 10 0 f t . x 1 0 f t . P O L Y E T H Y L E N E C O N S T R U C T I O N F I L M , CL E A R P O L A R P L A S T I C S C 1 0 4 15 E a c h $ - 41 H O T S H O T I N D O O R F O G G E R , 3 2 O Z . C A N S P E R C A S E H o t S h o t H G - 9 6 1 8 0 10 0 C a s e $ - 42 EL E C T R O 1 4 0 ° C O N T A C T C L E A N E R 1 1 O Z C a n S K U 00 9 1 6 , 1 2 C A N S P E R C A S E L p s l a b o r a t o r i e s 9 1 6 . 0 0 5 C a s e $ - 43 OF F ! D E E P W O O D S D R Y I N S E C T R E P E L L E N T V I I I 4 O Z , 12 C A N S P E R C A S E D i v e r s e y , I n c . C B 7 1 7 6 4 7 5 C a s e $ - 44 LO W D E N S I T Y T R A S H B A G S L I N E R S 3 0 - 3 3 G A L L O N , 33 " W X 4 0 " L , 2 . 0 M I L , B L A C K , 5 0 U N I T S P E R C A S E CA L I C O I N D U S T R I E S , IN C . 9 9 1 1 0 2 5 40 C a s e $ - 45 LO W D E N S I T Y T R A S H B A G S L I N E R S 2 0 - 3 0 G A L L O N . , 16 " W X 1 4 " D X 3 7 " L , 2 . 0 M I L , C L E A R , 5 0 U N U T S P E R CA S E CA L I C O I N D U S T R I E S , IN C . 9 9 1 0 2 2 5 15 C a s e $ - TO T A L -$ Ci t y o f D e l r a y B e a c h IT B N o . 2 0 1 7 - 0 5 2 Ja n i t o r i a l S u p p l i e s Pa g e 3 Addendum No. 1 ITB No.2017-052 Janitorial Supplies Page 1 of 2 CITY OF DELRAY BEACH 100 N.W. 1st AVENUE, DELRAY BEACH, FL 33444 Solicitation Addendum Addendum No.: 1 Solicitation No.: 2017-052 Project No.: N/A Solicitation Title: Janitorial Supplies Addendum Date: March 22, 2017 Purchasing Contact: Ryan Lingholm THE FOLLOWING ITEMS ARE MADE AND HEREBY BECOME A PART OF THIS SOLICITATION: QUESTIONS AND RESPONSES: Q1. Can you please provide me with the previous award information and tabulations? R1. The City does not have any previous award information or bid tabulations for Central Warehouse janitorial supplies; supplies have been purchased on an ad hoc basis thus far. Refer to Section 3, Item 2 Background for additional information. Q2. Can you supply us with the current pricing and vendor(s) for each of the items? Thank you. R2. The City does not currently have any contracted pricing for the items requested in this Bid. Q3. In order to submit our best pricing, it would be helpful if you can you tell us about how often you anticipate placing orders for the various trash can liners listed throughout the bid, and what would be an approximate case order. Thanks for your help. R3. The City places orders on an as-needed basis. To calculate the average amount of cases to be purchased per month, the Estimated Annual Usage should be divided by twelve (12). This applies to all items requested in this Bid. 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 ITB. Addendum No. 1 ITB No.2017-052 Janitorial Supplies Page 2 of 2 End of Addendum 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 Respondent’s response. Letter of Intent Supplyworks fully understands the services or goods that are to be rendered or provided to the City of Delray Beach. Bidders Contact information: Joe Pierami Supplyworks Account Executive 954-816-8031 Joseph.pierami@supplyworks.com 3031 North Andrews Ave Extension Pompano Beach, Fl. 33064 Bidders Statement of Organization i. ii. iii. iv. v. vi. vii. viii. ix. X. xi. Interline Brands dba Supplyworks 3031 North Andrews Ave Extension Pompano Beach Fl 33064 954-972-1700 954-816-8031 Joseph.pierami@supplyworks.com www.supplyworks.com Corporation 22-2232386 8am-7pm 25 years in business 701 San Marco Blvd Jacksonville Fl. 32207 City of Delray Beach Bid 2017-052 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 Code of Ethics provisions. Firm Name: .Svffli\.<Jol,l:=-S Street Address: 3D 3 \ ,-.\or-1\/\. Âv1.Jte.u.2.s Ä.Ye ' 5¥f£V\..$) o~ Mailing Address (if different from Street Address): TelephoneNumber(s): q5Lj - q, ~ - 1(0() Fax Number(s): 'ör( - :r 1) - 6 '-(::) kJ Federal Identification Number: :22:1'2. 3, :l 3 ÎS b Signature ïJÜe e; E eAM; Printed Name and Title By signing this document, the Bidder agrees to all terms and conditions of the 1TB 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. 1TB 2017-052 Janitorial Supplies 3/20/2017 3:02 PM Paqe 121 p.25 City of Delray Beach Bid 2017-052 Form 1 - Signature Authority Indicate below Bidder's type of organization and provide the required documentation as applicable to demonstrate that the executor of Bidder's Bid is duly authorized to execute on behalf of, and as the official act of, Bidder. Select Type of Officer Who Signed Required Authorizing Organization Proposal Submittal Documentation Signature Page D Corporation President, Vice President, None or Chief Executive Officer . ~ A Corporation Director, Manager, or Corporate resolution other title D Limited Liability Member Articles of Organization or Company (LLC) - Operating Agreement Member-Managed D Limited Liability Manager Articles of Organization or Company (LLC) - Operating Agreement Manager-Managed D Limited Partnership General Partner Document demonstrating the legal authority to bind the Limited Partnership D Partnership Partner None CEO, Director, Manager or Authorizing documentation other title D Individual Individual None D Documentation is not required. 1TB 2017-052 Janitorial Supplies 3/20/2017 3:02 PM Page 122 p. 26 City of Delray Beach Bid 2017-052 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) ~e~ Signature Printed Name and Title 1TB 2017-052 Janitorial Supplies 3/20/2017 3:02 PM Pagel23 p. 27 City of Delray Beach Bid 2017-052 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) ln 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 . .Svrf'i wce..~.s _ Firn, Name \pm,~ --zr;¿~, Signature Printed Name and Title 1TB 2017-052 Janitorial Supplies 3/20/2017 3:02 PM Page J 24 p. 28 City of Delray Beach Appendix A, Sample Agreement Bid 2017-052 CITY OF DEL RA Y BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 PURCHASE AGREEMENT FOR SOLICITATION NO. 2017-052 CENTRAL WAREHOUSE JANITORIAL SUPPLIES TERM AGREEMENT <SUPPLIER> City of Delray Beach Janitorial Supplies Agreement 3/20/2017 3:02 PM p. 32 City of Delray Beach Bid 2017-052 Form 6 - Schedule of Pricing Bidder Name: S<!fflyworh / 0b P,.ù.J......,: I A. PRICING: Bidder must submit pricing per the specifications detailed in this 1TB using the Appendix B, Pricing Page. Appendix 8, in Microsoft Excel® format, is posted with this ITS and available for download. Bidders should use the Appendix B in Microsoft Excel® format for submission of bid pricing. B. PRICING CALCULATION: Appendix 8, Pricing Page represents a market basket of the most commonly purchased janitorial supply items by the City. The City, at its sole discretion, may purchase other janitorial supplies not listed on Appendix B. Bidder shall price all such other janitorial supplies using the same calculation method as utilized for its submission of bid pricing. Provide in the space below the method by which prices submitted were calculated (e.g., cost + _% markup, MSRP - _% discount). Be specific. L-O.S.+ -+ IO';.( ~v\Jl e,4,:--.., j) \ C. PRICE ESCALATION/DE-ESCALATION: Pricing submitted in response to this 1TB will be valid for the initial one year term of the Agreement. Thereafter, on an annual basis prior to exercising any renewal option, requests 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 twelve month period (Not Seasonally Adjusted, Chemicals and allied products, Miscellaneous end use chemicals and chemical products, WPU061403998). The City, at its sole discretion, may request any de-escalation in price during the applicable twelve-month period. D. 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? ~es O No E. BID INFORMATION WAS OBTAINED FROM: O Newspaper Ad 0 City Hall O City Website O Other (specify) _ 1TB 2017-052 Janitorial Supplies 3/20/2017 3:02 PM Page 127 p. 31 City of Delray Beach Bid 2017-052 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 1TB. 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 I i..( I ii f 1, ~ I Signature 19 \ Printed Name and Title 1TB 2017-052 Janitorial Supplies 3/20/2017 3:02 PM p. 30 City of Delray Beach Bid 2017-052 Form4 Conflict of Interest Disclosure Form The award of this 1TB 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 1TB. 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: 1xr"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. D 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: Signature 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. 1TB 2017-052 Janitorial Supplies 3/20/2017 3:02 PM Paqe 125 p. 29 City of Delray Beach ITB No. 2017-052 Janitorial Supplies Page 1 Description Manufacturer Item Number Estimated Annual Usage UOM Unit Price Extended Price Alternate Bid Item Mfg, Model & Case Pack 1 XTREME TUFF 40x48 BLK LD 1.50 Mil CAN LINER 45 - 100 PER CASE JR PLASTICS CORP 59030 255 Case $ 23.80 $ 6,069.00 ren64516-ca 2 8J8 DART 8oz FOAM CUP - 1000 PER CASE DART CONTAINER CORP 80097 10 Case $ 17.63 $ 176.30 ren09007 3 7OZ CONEX GLAXY TRANSLUCENT CUP - 2500 PER CASE SOLO CUP COMPANY 293072 15 Case $ 24.05 $ 360.75 ren09025 4 05701 WYPALL L40 WH WIPER QFOLD 12.5x14.4 - 18 PACKS OF 56; 1008 PER CASE KIMBERLY CLARK 338030 130 Case $ 48.70 $ 6,331.00 kcc05701 5 31400 ECOSOFT CONTROLLED WHITE ROLL TOWELS - 800 SHEETS PER ROLL, 6 ROLLS PER CASE WAUSAU PAPER/BAY WEST 346129 500 Case $ 39.03 $ 19,515.00 ren06131-wb 6 61600 ECOSOFT CONTROLLED TOILET TISSUE - 616 SHEETS PER ROLL, 48 ROLLS PER CASE WAUSAU PAPER/BAY WEST 374054 50 Case $ 40.65 $ 2,032.50 ren06126-wb 7 74276 LYSOL COUNTRY SCENT DISINF SPRAY 19 oz., 12 CANS PER CASE RECKITT & BENCKISER C00082 7 Case $ 89.70 $ 627.90 rec74276 8 04650 LYSOL DISINFECTANT SPRAY ORIGINAL SCENT, 12 CANS PER CASE RECKITT & BENCKISER C00084 7 Case $ 90.74 $ 635.18 rec04650 9 04675 LYSOL DISINFECT SPRAY FRESH SCENT,12 CANS PER CASE RECKITT & BENCKISER C00087 7 Case $ 90.74 $ 635.18 rec04675 10 ANTISEPTIC HAND CLEANER, GALLON; 4 GALLONS PER CASE LAGASSE BROS INC D00099 6 Case $ 43.96 $ 263.76 spa3040-04 11 0510-12 BULLDOZER A/P CLNR/DEGREADY TO USE, QUART, 12 QUARTS PER CASE MIDLAB INC D01016 25 Case $ 26.88 $ 672.00 ren02703-ms 12 01102 60" WOOD THREADED HANDLE ABCO BROOM & MOP MFG CORP D04160 12 Each $ 1.83 $ 21.96 ren03975 13 9BI8 24" HEAVY PUSH BROOM RUBBERMAID COMMERCIAL D04127 12 Each $ 7.69 $ 92.28 ren03936 14 BH11004 24" FINE PUSH BROOM ABCO BROOM & MOP MFG CORP D04060 12 Each $ 9.63 $ 115.56 ren03979 15 VIC BAY ANT & ROACH KILLER 14oz, 12 CANS PER CASE CLAIRE MANUFACTURING E00020 12 Case $ 39.12 $ 469.44 3557095 16 VIC BAY WASP & HORNET KILLER 20oz CP005, 12 CANS PER CASE CLAIRE MANUFACTURING E00024 12 Case $ 48.72 $ 584.64 rem05020-am 17 11008745041 VIC BAY GERMICIDALBLEACH, GALLON; 6 GALLONS PER CASE KIK CUSTOM PRODUCTS G00077 130 Case $ 11.70 $ 1,521.00 kik11008635042 18 45114 JOY MANUAL POT & PAN DISH DETERGENT LIQUID, 38 oz, 8 BOTTLES PER CASE PROCTER & GAMBLE J00147 30 Case $ 32.56 $ 976.80 pgc45114 19 74D PREM SCRUBBING SPONGE YELL/GRN 3.5"x6" 700, 24 SPONGES PER CASE 3M K02102 1 Case $ 13.20 $ 13.20 ren02118 20 01901 CHERRY URINAL BLOCK/SCREEN COMBO, 12 UNITS PER CASE HOSPECO L01328 55 Case $ 11.85 $ 651.75 ren03007-fr 21 08411 4OX TOILET BOWL BLOCK W/HANGER, 12 UNITS PER CASE HOSPECO L02088 45 Case $ 10.09 $ 454.05 ren03003-fr 22 91565 KLEENEX LUXURY FRAGRANCE FREE, 48 BOXES PER CASE KIMBERLY CLARK L03018 10 Case $ 44.52 $ 445.20 kcc91565 23 9651-24 PURELL INSTANT HAND SANITIZER 4.25 oz, 24 BOTTLES PER CASE GOJO INDUSTRIES INC L05159 3 Case $ 32.88 $ 98.64 goj9651-24 24 CLEAR SPRAY BOTTLE - 32oz Impact Products 503T34 85 Each $ 0.58 $ 49.30 ren05141 25 CITRUS CLEANER AND DEGREASER, QUART; 12 QUARTS PER CASE Betco 16712-00 40 Case $ 32.24 $ 1,289.60 ren02831-ms 26 NON-ACID BOWL CLEANER 1 QUART, 12 QUARTS PER CASE RENOWN 02836-MS 5 Case $ 22.80 $ 114.00 ren02836-ms 27 ACID BOWL CLEANER, QUART, 12 QUARTS PER CASE RENOWN 02835-MS 2 Case $ 29.28 $ 58.56 ren02835-ms 28 WINDEX POWERIZED FOAMING GLASS CLEANER W/AMMONIA D - 20 oz, 12 BOTTLES PER CASE Diversey, Inc.90129.00 12 Case $ 72.60 $ 871.20 jdb990129 29 PREMIER AEROSOL DISPENSING REFILL SWEET ORCHARD 6 OZ, 12 UNITS PER CASE RENOWN REN03530-CT 6 Case $ 52.80 $ 316.80 ren03530-ct 30 STANDARD LOOP-END BLEND WET MOP HEAD WITH 5 IN. HEADBAND, BLUE, MEDIUM, 12 UNITS PER CASE RENOWN REN02150 2 Case $ 66.72 $ 133.44 ren02150 31 BORAXO POWDERED HAND SOAP 5 LB, 10 UNITS PER CASE Dial 724618.00 4 Case $ 69.20 $ 276.80 dia02203 32 ROLLED RIM CONE CUPS 4.5 OZ, 5,000 UNITS PER CASE KONIE 4.5KR 25 Case $ 49.46 $ 1,236.50 knc4.5kr 33 C-FOLD PAPER TOWELS, NATURAL, 10 1/8 IN. X 13 IN., 200 SHEETS PER PACK, 12 PACKS PER CASE RENOWN 06114-WB 270 Case $ 18.27 $ 4,932.90 ren06114-wb 34 CORELESS BATH TISSUE, 2-PLY, 1,000 SHEETS PER ROLL, 36 ROLLS PER CASE Kimberly Clark 4007.00 110 Case $ 38.13 $ 4,194.30 kcc04007 35 FLAT FACIAL TISSUE, 2-PLY, WHITE, 100 TISSUES PER BOX, 46 BOXES PER CASE Kimberly Clark KCC21400 20 Case $ 36.62 $ 732.40 kcc21400 36 SCOTT TOILET SEAT COVER 15X18, 24 COVERS PER SLEEVES, 250 SLEEVES PER CASE Kimberly Clark 7410.00 20 Case $ 31.20 $ 624.00 ren03801 37 15X9X32 1.0 LNR BLK MDB3 15-16 Gallons, 500 UNITS PER CASE Calico Industries, Inc.9910184.00 205 Case $ 21.12 $ 4,329.60 ren21512-ca 38 LOW DENSITY TRASH BAG LINERS, 20-30 GAL, 16" x 14"D x 37"L, 4.0 Mil, Black, 100 PER CASE Calico Industries, Inc.9910252.00 165 Case $ 21.64 $ 3,570.60 ren10403-ca 39 LOW DENSITY TRASH BAG LINERS, 55 GALLON, 22" x 14" x 60", 4.0 MIl, Black, 50 PER CASE Calico Industries, Inc.9910565.00 55 Case $ 38.55 $ 2,120.25 ren66024-ca 40 100 ft. x 10 ft. POLYETHYLENE CONSTRUCTION FILM, CLEAR POLAR PLASTICS C104 15 Each $ 13.70 $ 205.50 811878 41 HOT SHOT INDOOR FOGGER, 3 2 OZ. CANS PER CASE Hot Shot HG-96180 100 Case $ 7.45 $ 745.00 750391 42 ELECTRO 140° CONTACT CLEANER 11 OZ Can SKU 00916, 12 CANS PER CASE Lps laboratories 916.00 5 Case $ 114.36 $ 571.80 ren05017-am 43 OFF! DEEP WOODS DRY INSECT REPELLENT VIII 4 OZ, 12 CANS PER CASE Diversey, Inc.CB717647 5 Case $ 39.84 $ 199.20 757869 44 LOW DENSITY TRASH BAGS LINERS 30-33 GALLON, 33"W X 40"L, 2.0 MIL, BLACK, 50 UNITS PER CASE CALICO INDUSTRIES, INC.9911025 40 Case $ 26.32 $ 1,052.80 ren33303-am 45 LOW DENSITY TRASH BAGS LINERS 20-30 GALLON., 16"W X 14"D X 37"L, 2.0 MIL, CLEAR, 50 UNUTS PER CASE CALICO INDUSTRIES, INC.9910225 15 Case $ 21.64 $ 324.60 ren12500-ca TOTAL 70,712.24$ 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 N.W. 1st Avenue, Delray Beach, FL 33444 and Interline Brands, Inc. DBA Supplyworks (hereinafter referred to as Supplier), a New Jersey corporation authorized to do business in Florida, whose address is 701 San Marco Blvd., Jacksonville, FL 32207, this __ day of , 2017. WITNESSETH: WHEREAS, the City issued Solicitation No. 2017-052 for janitorial supplies on March 20, 2017;and WHEREAS, Supplier submitted a response to the solicitation dated April 19, 2017; and WHEREAS, the City desires to purchase products and services from Supplier subject to the terms and conditions of 1TB No. 2017-052, Supplier's Bid response to Solicitation No. 2017-052, and Exhibit A, Pricing Schedule. NOW, THEREFORE, for and in consideration of mutual promises contained herein and other good and valuable consideration, of which the parties do 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 janitorial supplies in accordance with andpursuant to the terms, conditions and pricing of 1TB No. 2017-052. 3.This Agreement is in full force and effect upon full execution by the City for a not- to-exceed amount of One Hundred and Seventy Five Thousand and 00/100 Dollars($175,000.00) per Fiscal Year. The term of the Agreement shall be from June 14, 2017 through June 13, 2020, unless terminated earlier by the City, with one, two-year option to renew. 4. The continuation of this Agreement beyond the end of any fiscal year shall be subject toboth 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 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 City of Delray Beach Janitorial Supplies Agreement 2 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 inwriting, 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 Ave. Delray Beach, FL 33444 Attn: City Manager With Copy To: City of Delray Beach 200 N.W. 1 st Ave. Delray Beach, FL 33444 Attn: City Attorney For Supplier: With copy to: Interline Brands, Inc. DBA Supplyworks Interline Brands, Inc. DBA Supplyworks 3031 North Andrews Ave. Extension 701 San Marco Blvd Pompano Beach, FL 33064 Jacksonville, FL 32207Attn: Account Executive. Attn: Legal Department 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.Supplier is aware that the Inspector General of Palm Beach County has theauthority 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 sub licensees and lower tier sub licensees. Supplier understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Supplier 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.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 City of Delray Beach Janitorial Supplies Agreement 4 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 thisAgreement; C. addenda; Terms and conditions of 1TB No. 2017-052, Janitorial Supplies, and all its d.Supplier's response to 1TB No. 2017-052, Janitorial Supplies, and anysubsequent information submitted by Supplier during the evaluation process. City of Delray Beach Janitorial Supplies [Remainder of page intentionally left blank] Agreement 5 EXHIBIT A, PRICING SCHEDULE - _ .. _ DNc- ---- - UDII ............ -- - ,k_ ....... -·-- XTREME TUFF 40x48 BLK LO 1.50 Mil CAN LINER 45 - , 100 PER CASE JR PLASTICS CORP 50030 255 c... s 23.60 s 6,De0.00 ren04518-ca DART CONTAINER 2 8J8 DART 8oz FOAM CUP • 1000 PER CASE CORP ,oog7 10 c... s 17.1!13 s 176.30 renOQ007 702 CONE.X GLAXY TRANSLUCENT CUP· 2500 PER SOLO CUP 3 CASE COMPANY 293:>72 15 c... s 24.05 s JeQ.75 r&n00025 05701 WYPALL L40 WH WIPERQFOLD 12.5x14.4-18 4 PACKS OF SC; 1008 PER CASE KIM3ERL Y CLARK 338030 130 c... s 48.70 s 8,331.00 kcc05701 31400 ECOSOFT CONTROLLED WHITE ROLL TOWELS - WAUSAU 5 800 SHEETS PER ROLL, e ROLLS PER CASE PAPER/BAY WEST 346120 SOD c... s 30.03 s 10,515.00 ren06131-....tl 611X>O ECOSOFT CONTROLLED TOILET TISSUE· 618 WAUSAU o SHEETS PER ROLL. 48 ROLLS PER CASE PAPER/BAY WEST 374054 so c... s 40.05 s 2,032.50 renOC128-Y.tl 7427e LYSOL COUNTRY SCENT DISINF SPRAY 19 oz., RECKITI& 7 12 CANS PER CASE BENCKISER C00082 1 c ... s 80.70 s 827.QO rec74276 04650 LYSOL DISINFECTANT SPRAY ORIGINAL SCENT, RECKITI& 8 12 CANS PER CASE BENCKISER C00084 7 c... s 00.74 s '535.18 """4650 04075 LYSOL DISINFECT SPRAY FRESH SCENT, 12 RECKITI& • CANS PER CASE BENCKISER C00087 7 c... s 00.74 s '535.18 rec04075 ANTISEPTIC HANO CLEANER, GALLON; 4 GALLONS 10 PER CASE LAGASSE BROS INC [)()()(XX¡ o ca.. s 43.Qe s 203.70 spa3043-04 0510-12 BULLDOZER AJP CLNR/OEGREAOY TO USE. 11 QUART, 12 QUARTS PER CASE MIDLAB INC 001010 25 c... s 20.88 s 072.00 reoCl2703-ms ABCOBROOM& 12 01102 eo· wooo THREADED HANDLE MOP Mf'G CORP 004100 12 Eaoh s 1.83 s 21.Qe reo031H5 RUBBERMAID 13 QBl8 24• HEAVY PUSH BROOM COMMERCIÁL 004127 12 Eaoh s 1.og s 02.28 ren0303e ABCO BROOM& 14 BH11004 24-FINE PUSH BROOM MOP MFG CORP 004060 12 Eaoh s 0.03 s 115.50 ren03070 VIC BAY ANT & ROACH KILLER 14oz, 12 CANS PER CLAIRE 15 CASE MANUFACTURING E00020 12 c... s JQ.12 s 4eg.44 3557095 VIC BA Y WASP & HORNET KILLER 20oz CP005, 12 CLAIRE 'º CANS PER CASE MANUFACTURING E00024 12 ca.e s 48.72 s 584."4 ren05020-am 11008745041 VIC BAY GERMICIDALBlEACH. GALLON; e KIKCUSTOM 17 GALLONS PER CASE PRODUCTS GOOOn 130 c... s 11.70 s 1,521.00 kik11008035042 45114 JOY MANUAL POT & PAN DISH DETERGENT PROCTER& 18 LIQUID, 38 oz, 8 BOTILES PER CASE GAWBLE J00147 30 c... s 32.56 s 07".80 PQc45114 740 PREM SCRUBBING SPONGE YELLJGRN 3.5-xe- 700. 10 24 SPONGES PER CASE 3M K02102 1 e ... s 13.20 s 13.20 ren02118 01001 CHERRY URINAL BLOCK/SCREEN COf.JBO, 12 20 UNITS PER CASE HOSPECO L01328 SS ca.e s 11.85 s G51.75 ren03007-fr 08411 40X TOILET BOWL BLOCK W/HANGER. 12 UNITS 21 PER CASE HOSPECO L02088 45 c... s 10.09 s 454.05 ren03003-fr 015"5 KLEENEX LUXURY FRAGRANCE FREE, 48 22 BOXES PER CASE KINBERL Y CLARK L03'.>18 10 c ... s 44.52 s 445.20 kcc01565 0651·24 PURELL INSTANT HANO SANITIZER 4.25 oz, 24 GOJO INDUSTRIES 23 BOTILES PER CASE INC L05150 3 c... s 32.88 s Q8."4 ooi0e51·24 Impact Products 24 CLEAR $PRA Y BOTTLE • 32oz 503T34 os Eaoh s O.SS s 40.30 reo05141 CITRUS CLEANER ANO DEGREASER, QUART: 12 25 QUARTS PER CASE """' 10712-00 ... c... s 32.24 s 1,280.60 ren0270J...ms NON-ACID BOWL CLEANER 1 QUART, 12 QUARTS PER 20 CASE RENOWN 02830-MS 5 c... s 22.80 s 114.00 ren02836-ms 27 ACID BOWL CLEANER, QUART, 12 QUARTS PER CASE RENOWN 02835-MS 2 c... s 20.28 s SS.SS ren02835-ms WINOEX POWERIZEO FOAMING GLASS CLEANER 28 W/AMMONIA O- 20 oz, 12 BOTTLES PER CASE Di'l'MSey, Inc. 00120.00 12 c... s rz.eo s 871.20 jdb000120 PREMIER AEROSOL DISPENSING REFILL SWEET 20 ORCHARD O OZ, 12 UNITS PER CASE RENOWN REN03530-CT • ca.e s 52.80 s 316.80 ren03530-ct STANDARD LOOP-ENO BLEND WET MOP HEAD WITH 5 30 IN. HEADBAND. BLUE, MEDIUM, 12 UNITS PER CASE RENOWN REN021SO 2 c... s 60.72 • 133.44 ren021SO BORA.XO POWDERED HAND SOAP 5 LB, 10 UNITS PER 31 CASE Dial 724018.00 • c ... s 00.20 s 27".80 diaQ2203 ROLLED RIM CONE CUPS 4.5 OZ, 5,000 UNITS PER 32 CASE KONIE 4.5KR 25 ca.. s 40.40 s 1,230.50 knc4.5kr C-FOLO PAPER TOWELS, NATURAL, 10 1/8 IN. X 13 IN .. 33 200 SHEETS PER PACK. 12 PACKS PER CASE RENOWN 00114-WB 270 c... s 18.27 s 4,932.00 ron00114-wb CORELESS BATH TISSUE, 2-PI..Y, 1,CK>O SHEETS PER 34 ROLL. se ROLLS PER CASE Kimberly Clark 4007.00 110 c... s 38.13 s 4,104.30 kCC04007 FLAT FACIAL TISSUE, 2-PL Y, WHITE, 100 TISSUES PER 35 BOX. 4fl BOXES PER CASE Kimberly Clari< KCC21400 20 ca.. s Jt1.02 $ 732.40 kcc.21400 scan TOILET SEAT COVER 15X18, 24 COVERS PER 38 SLEEVES, 250 SLEEVES PER CASE Kimbefly Clark 7410.00 20 ca.. s 31.20 s 024.00 ren03801 15X9X32 1.0 LNR BLK MD8315-10 Gallons. 500 UNITS 37 PER CASE Calico lndusbies. Inc. 9010184.00 205 c... s 21.12 s 4.329.eo ren20428-CA LOW DENSITY TRASH BAG LINERS, 20-30 GAL, 10" x 38 14·0 x 371., 4.0 Mil, Black, 100 PER CASE Calico Industries, Inc. Q010252.00 1 .. ca.. $ 21.04 s 3.510.eo LOW DENSITY TRASH BAG LINERS. 55 GALLON, 22· x Jg 14" x eo·. 4.0 MJ, Black. 50 PER CASE Catlco Industries, lnc. Q010565.00 SS C.• s 38.55 s 2,120.25 ren66030-Ca 100 ft. x 10 ft. POLYETHYLENE CONSTRUCTION FILM. 40 CLEAR POLAR Pl.ASTICS C104 15 Eaoh s 13.70 s 205.50 811878 41 HOT SHOT INDOOR FOGGER. 3 2 OZ. CANS PER CASE Hot Shot HG-Qe180 100 c... s 7.45 s 745.00 7S03Q1 ELECTRO 140• CONTACT CLEANER 11 OZ Can SKU 42 00018, 12 CANS PER CASE Lps laboratories 016.00 5 ca.e s 114.Jtl s 571.80 ren0S017-am OFF! DEEP WOODS DRY INSECT REPELLENT VIII 4 OZ, 43 12 CANS PER CASE Oiversey, Inc. CB717047 5 ca.. s 30.84 s 1Q0.20 757809 LOW DENSITY TRASH BAGS LINERS 30-33 GALLON, CALICO 44 33'W X 40"L, 2.0 MIL, BLACK, 50 UNITS PER CASE INDUSTRIES, INC. 0011025 ... c... s 20.32 s 1,052.80 ren63321<a tow "'"',,..,I , nn_,r, .,,....,..., ._,,,,;.,......, 20-30 UALLUI\I., 10'W X 14•0 X 371., 2.0 MIL, CLEAR. 50 UNUTS PER CALICO 45 CASE INDUSTRIES, 1NC. Q010225 15 c... s 21.04 s 324.eo ran 12500-ca TOTAL s 70,712.24 CityofDe1ray8eoeh ITBNo.2017-052 J8oiloria1Suppiee May 1, 2017 CITY ATTORNEY OFFICE - LEGAL REVIEW CHECKLIST Name of Agreement: Purchase Agreement Janitorial supplies Department: Contact person: City Manager approval: Yes No City Commission approval: Agenda Item # _________________________________________________________________ Agenda Meeting Date: ___________________________________________________________ Agreement Action: New Renewal Amendment (S/A). Standard City form agreement Has the agreement been signed and notarized/witnessed by the vendor: Yes No For City Attorney Use only: Agreement Terms: Comments/Specific Provision in Agreement Term (Duration of Agreement) 3 years Termination Clause Bid term #16 Renewal Clause 1 two-year option Insurance Bid term #10 Indemnification Agreement #5 Assignment Agreement #9 Disclaimers none Non-Discrimination Policy Bid #20 Inspector General Provision Agreement #10/Bid #25 FL. Public Records Provision (2016) Agreement #7 Governing Law FL Venue PBC Attorney’s fees none Waiver of Jury trial none Business Principles: Comments Fees: Total Value $525,000 ($875,000) Fees: Per Fiscal Year $175,000 Other Issues: Comments Non-Negotiable Issues/ Miscellaneous Issues/ Special Considerations Consistent with applicable policies including, but not limited to, Procurement policies. Yes Attorney: /s/ Janice Rustin Reviewed and approved as to form and legal sufficiency only City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-469,Version:1 TO:Mayor and Commissioners FROM:Dale S. Sugerman, Ph.D., Assistant City Manager THROUGH:Neal de Jesus, Interim City Manager DATE:June 6, 2017 AWARD OF THREE-YEAR AGREEMENTS TO MACMILLAN OIL COMPANY, INC. IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $760,000 AND PETROLEUM TRADERS CORPORATION IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $240,000 FOR GASOLINE AND DIESEL FUEL Recommended Action: Motion to Award three-year Agreements for routine and emergency deliveries of gasoline and diesel fuel to Macmillan Oil Company, Inc. as the primary supplier in an amount annual not-to-exceed $760,000 and Petroleum Traders Corporation as the secondary supplier in an amount not-to-exceed $240,000 annually. Background: On March 21, 2017, an Invitation to Bid, No. 2017-047 for Bulk Gasoline and Diesel Fuel was advertised. Six responsive and responsible bids were received from Indigo Energy Partners, Macmillan Oil Company, Mansfield Oil Company of Gainesville, Petroleum Traders Corporation, Pro Energy and RKA Petroleum Companies. MacMillian Oil and Petroleum Traders were the two lowest bidders. The bid quantities were based upon usage estimates for fuel for routine operational requirements for both transport and tank wagon deliveries. Due to the volatile nature of fuel pricing, Bidders were instructed to submit the amount to be added to, or subtracted from, the DTN FastRacks Average Price for fuel that is published daily by Schneider Electric and to utilize the fuel terminal in closest proximity to the City. Fuel usage for the past three years is as follows: Gasoline Gallons Spend 5/2014-5/2015 Usage 298,392 $882,480 5/2015-5/2016 Usage 298,039 $639,558 5/2016-5/2017 Usage 295,171 $653,508 Diesel Gallons Spend 5/2014-5/2015 Usage 95,285 $313,149 5/2015-5/2016 Usage 94,244 $201,360 5/2016-5/2017 Usage 92,910 $211,149 The agreements also include provisions for the purchase of fuel in emergency situations such as a hurricane. Currently, the City seeks fuel from local gas stations during emergency situations. However, this method is an unreliable source of fuel and makes tracking of purchases for FEMA City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-469,Version:1 reimbursements challenging. Because emergency quantities cannot easily be quantified due to the unknown circumstances that would be encountered, a contingency for additional purchases of fuel in the event of any emergencies has been included in the requested amounts. Staff is requesting approval of agreements with the two lowest Bidders for continuity of supply, particularly during any emergency situation; an agreement with Macmillan Oil Company as the primary fuel supplier in an annual amount not-to-exceed $760, 000 and an agreement with Petroleum Traders Corporation as the secondary fuel supplier in an annual not-to-exceed amount of $240,000. Neither MacMillan Oil Company or Petroleum Traders Corporation will charge the City any other fees such as delivery or demurrage. This recommendation complies with the City Code of Ordinances 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 501-3311-591.52-51 (Central Garage Fund: Central Garage Inventory-Fuel). City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 Invitation to Bid 2017-047 Bulk Gasoline and Diesel Fuel (405-15) MAYOR - CARY D. GLICKSTEIN VICE MAYOR - JORDANA JARJURA DEPUTY VICE MAYOR - MITCH KATZ COMMISSIONER - SHELLY PETROLIA INTERIM CITY MANAGER - NEAL DE JESUS Purchasing Department ♦(561) 243-7161 ♦ purchasing@mydelraybeach.com CITY INVITATION TO BID 2017-047 CONFIRMATION OF RECEIPT OF BID Title: Purchase and Delivery of Bulk Gasoline and Diesel Fuel 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. Bidders should keep this form with their records. Submission Deadline: April 25, 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 2017-047 Bulk Gasoline and Diesel Fuel Page | 1 CITY OF DELRAY BEACH ITB No. 2017-047 Bulk Gasoline and Diesel Fuel Contents INVITATION TO BID .................................................................................................................. 2 SECTION 1: TERMS AND CONDITIONS .................................................................................. 5 SECTION 2: BID FORMAT .......................................................................................................15 SECTION 3 SCOPE OF WORK ................................................................................................18 SECTION 4: FORMS FOR BID .................................................................................................22 Appendix A – Sample Agreement ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 2 CITY OF DELRAY BEACH PURCHASING DEPARTMENT TEL: (561) 243-7161 FAX: (561) 243-7166 INVITATION TO BID INSTRUCTIONS ITB NO: 2017-047 TITLE: Bulk Gasoline and Diesel Fuel ISSUE DATE: March 21, 2017 DEPARTMENT: Environmental Services DUE DATE: April 25, 2017 TIME: 2:00 PM ET The City of Delray Beach, Florida (City) is soliciting bids an Agreement for the purchase and delivery of Bulk Gasoline and Diesel Fuel, as identified herein. Bidders must comply with the requirements contained in this Invitation to Bid (ITB) and submit all the required information and forms. 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 2017-047 Bulk Gasoline and Diesel Fuel 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 2017-047 Bulk Gasoline and Diesel Fuel 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. INFORMATION: Any process questions in regard to the submission of Bids should be submitted via email to: purchasing@mydelraybeach.com. 13. SCOPE OF SERVICES: The successful Bidder will provide and deliver bulk gasoline and diesel fuel that meets the specifications and requirements as stated herein. 14. 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. 15. 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. 16. SOLICITATION SCHEDULE: ACTIVITY DATE Issue ITB March 21, 2017 Deadline for Delivery of Questions April 18, 2017, 5:00 P.M., ET Due Date and Time (for delivery of Bids) April 25, 2017, 2:00 P.M., ET Institute Cone of Silence April 25, 2017, 2:00 P.M., ET Phase 1 Evaluation Complete May 2, 2017 Phase 2 Bid Tabulation Complete May 2, 2017 ITB 2017-047 Bulk Gasoline and Diesel Fuel 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 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. TERM OF AGREEMENT: The Agreement, a sample of which is made part of this ITB as Appendix A, will be in full force and effect upon full execution by the City of Delray Beach. The term of the Agreement shall be for a three-year period from April 1, 2017 through March 31, 2020 with one, two- 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. 5. PRICING DISCOUNTS: 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. ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 6 6. 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. 7. 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. 8. 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. 9. 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: ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 7 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. 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. 10. 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. ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 8 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 final execution of the Agreement. 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. 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. E. Umbrella Liability Insurance or Excess Liability Insurance with limits of not less than one million ($1,000,000) dollars may be used to reach the limits of liability required for the General Liability and the Business Automobile Policy. If applicable, the amounts specified as Contract specific will be an initial layer of coverage which will be applicable only to claims arising out of, or in connection with, the work performed or the use or occupancy of Authority premises in connection with this Contract and will not be reduced or diminished in any manner by claims resulting from other than the work performed or the use or occupancy of Authority premises in connection with this Contract. The amounts specified as total limits will be the total minimum limits required, including the initial layer. 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. 11. 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. ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 9 12. 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. 13. 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. 14. 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 15. EXCEPTIONS TO CONDITIONS: In the event Bid Specifications and Special Provisions differ from the Terms and Conditions; the Bid Specifications and Special Provisions will prevail. 16. 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 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. 17. 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). 18. 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. 19. 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. 20. 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. ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 10 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. 21. 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. 22. 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 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 23. 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. ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 11 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. 24. 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. 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 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, ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 12 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. 26. MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS: The City will take all necessary affirmative steps, according to 2 CFR 200.321, to assure minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Successful Bidder shall be required to take the same affirmative steps listed in 2 CFR 200.321 when using subcontractors. 27. METHOD OF ORDERING: A Purchase Order(s) will be issued for purchases under the agreement resulting from this ITB. 28. 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. 29. BID BOND A Bid Bond is not required for this solicitation. 30. PERFORMANCE AND PAYMENT BOND The Successful Bidder will execute and deliver to the City, within ten business days after notification of award, a Cash Deposit, Performance Bond, or Unconditional Irrevocable Letter of Credit payable to the City, in the amount of Fifty Thousand Dollars ($50,000). A surety company of recognized standing, authorized to do business in the State of Florida, and having a resident agent must execute the Performance and Payment 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. Acknowledgment and agreement is given by both parties that 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 Successful Bidder to the City in the event of a material breach of the Agreement by the Successful Bidder. The City shall monitor the performance of all Successful Bidder. If Successful Bidder’s performance fails to meet the requirements specified within the contract, the City may without cause and without prejudice to any other right or remedy, terminate the contract whenever the City determines that such termination is in the best interest of the City. 31. CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 13 a) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708) - Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers 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, the Successful Bidder must 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 workweek. 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 underworking 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 or transmission of intelligence. b) Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33U.S.C. 1251–1387), as amended - If awarded, Bidder 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). Violations will be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). c) Debarment and Suspension (Executive Orders 12549 and 12689) - Any Bidder listed on the government wide exclusions in the System for Award Management (SAM), will not be eligible for award in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. d) Byrd Anti-Lobbying Amendment (31U.S.C. 1352) - Bidders for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify 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 obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must 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 non-Federal award. e) See § 200.322 Procurement of recovered materials. f) Minority/Women-owned/Labor Surplus Firms’ Participation - The City, in accordance with the requirements as stated in C.F.R. 200.321 encourages the active participation of minority businesses, women-owned business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. If subcontracts are to be let, by the successful Bidder, successful Bidder shall be required to take the affirmative steps listed in items 1 through 5 below: ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 14 1. Place qualified small and minority businesses and women-owned business enterprises on its solicitation lists; 2. Assure that small and minority businesses, and women-owned business enterprises are solicited whenever they are potential sources; 3. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small, minority, and women-owned business enterprises; 4. Establish delivery schedules, where the requirement permits, which encourage participation by small, minority, and women-owned business enterprises; 5. Use 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. g) Contract Cost and Price - City will perform a cost or price analysis in connection with this ITB prior to the Due Date and Time. 1. The City will negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, contractor’s investment, the amount of subcontracting, the quality of the subcontractor’s record of past performance, and industry profit rates in the surrounding geographical area for similar work. 2. Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the City under Subpart E - Cost Principles of this part. 3. The cost plus a percentage of cost method will not be used. [Remainder of page intentionally left blank] ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 15 SECTION 2: BID RESPONSE 1. 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. Bidder must have been in the business for a minimum of twenty-four (24) months prior to the Due Date and Time of this solicitation. Provide supporting documentation (e.g. state, county, city business license; occupational license) that confirms Bidder has been in business for a minimum of 24 months prior to the Due Date and Time. C. Bidder must not be listed on the Florida Department of Management Services, Convicted Vendor List as defined in Florida Statute Section 287.133(3)(d). (www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicte d_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list) No documentation is required. The City will verify the status. D. Bidder must not be listed on the Federal Convicted Vendor list. (www.sam.gov) Bidder submitted a completed Form 8, Debarment and Suspensions. The City will verify the status. E. Bidder must not be listed on the Florida State Board of Administration, Scrutinized List of Prohibited Companies. (http://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/PFIA/tabid/1478/ItemId/3354/ Default.aspx) Links – Scrutinized List of Prohibited Companies Bidder must submit a completed Form 9 – Scrutinized Company Certification. The City will verify the status. F. Bidder must employee and/or subcontract at least three personnel who possess a Commercial Driver’s License (CDL) with a HAZMAT Endorsement issued prior to the Due Date and Time for this solicitation. (https://www.tsa.gov/for-industry/hazmat- endorsement) Provide a copy of the CDL for each qualifying employee or subcontractor that clearly indicates a HAZMAT Endorsement issued prior to the Due Date and Time for this solicitation and provide supporting documentation confirming the individuals are either employees of Bidder or subcontractors of Bidder. G. 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 ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 16 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. 2. 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 Documents Chapter 3 Form 1, Bid Submittal Signature Page Form 2, Public Entity Crimes Form 3, Drug-Free Workplace Form 4, Conflict of Interest Form 5, Acknowledgement of Addenda Form 7, Byrd Anti-Lobbying Amendment Form 8, Debarment and Suspensions Form 9, Scrutinized Company Certification Chapter 4 Form 6, Schedule of Pricing Chapter 5 Proof of Current Insurances 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 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. Years in business x. Address of corporate headquarters xi. Address of local office(s) (if any) xii. List of owners and/or partners and managers of the firm and their contact information (addresses and phone numbers) 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 ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 17 identification number. W-9 must be signed by an authorized official of Bidder and dated within the past 12 months. D. Insurances: Include a copy of Bidder’s current insurances as they relate to the types of insurances shown in this ITB, Section 1, Item 10. [Remainder of page intentionally left blank] ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 18 SECTION 3: SCOPE OF SERVICES 1. HISTORY AND BACKGROUND: The City has an on-going need for gasoline and diesel fuel to ensure public safety and provision of key services, especially during an emergency situation. The City has numerous vehicles, such as fire trucks, ambulances, police vehicles, and utility vehicles, as well as generators and other equipment which operate using gasoline or diesel fuel. Delray Beach is located in Palm Beach County, Florida. It is a coastal community bordered by the cities of Boca Raton, Boynton Beach, Highland Beach, Gulfstream, and unincorporated Palm Beach County. The main roadways coming into the City are Interstate 95, Florida Turnpike, U.S. Hwy 1 and State Road A1A. Secondary routes into the City are Atlantic Avenue, Linton Road, Congress Avenue, and Military Trail. As a coastal community, the City may experience significant destruction from the impact of a hurricane, violent storms spawning tornadoes, or from other natural or man-made disasters or emergencies. 2. DEFINITIONS: i. Data Transmission Network (DTN) FastRacks Average Price – Fuel price published by the State of Florida, Department of Management Services that will be used as the base price to calculate daily fuel charges. http://www.dms.myflorida.com/content/download/130113/808401/file/1-02-17%20DTN%20FastRacks.pdf ii. Transport Truck Delivery – Delivery of fuel by Transport Truck with a minimum delivery of 8,000 gallons for gasoline, 7,200 gallons for diesel, and 7,200 gallons for a combination load of gasoline and diesel. iii. Tank Wagon Delivery – Delivery of fuel by Tank Wagon where maximum capacity of the fuel tank does not meet the minimum delivery of gallons specified for a Transport Truck. iv. Fuel – Any fuel type obtained through this Agreement. Fuel types shall include, but not be limited to, Unleaded E10 Gasoline, Ultra Low Sulfur No. 2 Diesel, Ultra Low Sulfur No. 2 Off-Road, Dyed Diesel, and Biodiesel. v. Surcharge – Dollar amount specified by Bidder to be added to DTN FastRacks Average Price to cover Bidder’s costs and profits. vi. Split Load – Delivery from a Transport Truck which contains multiple fuel types. 3. SCOPE: The Successful Bidder will provide all labor and equipment associated with providing and delivering fuel to the City’s fuel tanks located throughout Delray Beach for normal daily operational requirements, as well as during emergency situation or event. An emergency can be declared by the City, at its sole discretion, and may consist of natural and man-made disasters including, but not limited to, severe storms, hurricanes, wild fires, flooding, warfare, civil unrest, and terrorism. 4. ESTIMATED FUEL QUANTITIES: The City estimates approximately 240,000 gallons of gasoline and 102,500 gallons of diesel fuel will be purchased over the course of one year. Nearly 75% of fuel orders are estimated to utilize a Transport Truck, and the remaining 25% of fuel orders are estimated to utilize a Tank Wagon. ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 19 5. DELIVERY LOCATIONS AND STORAGE TANK CAPACITIES: i. Public Works Department 434 S. Swinton Avenue Delray Beach, FL 33444 (Entrance off of SW 4th Street) Two 5,000 gallon underground gasoline storage tanks One 5,000 gallon underground diesel storage tank ii. Utility Maintenance Department 434 S. Swinton Avenue Delray Beach, FL 33444 (Entrance off of SW 4th Street) One 2,000 gallon above ground diesel tank One 3,000 gallon above ground diesel tank iii. Water Treatment Plant 201 SW 7th Street Delray Beach, FL 33444 One 1,000 gallon above ground diesel tank One 6,000 gallon above ground diesel tank iv. Fire Station No. 113 651 W. Linton Blvd. Delray Beach, FL 33444 One 2,000 gallon above ground diesel tank v. Delray Beach Police Department 300 W. Atlantic Ave. Delray Beach, FL 33444 One 10,000 gallon underground gasoline tank One 1,000 gallon underground gasoline tank One 2,000 gallon underground diesel tank 6. REQUIREMENTS: The Successful Bidder shall: i. Deliver fuel under normal circumstances to the City within forty-eight hours of request by the City. ii. Deliver fuel under emergency conditions to the City within twenty-four hours of request by the City. iii. Provide emergency fuel to the City on a first-serve basis. For purposes of this ITB, first-serve basis means the Successful Bidder will deliver fuel to the City before delivering fuel to non-governmental entities. iv. Use the closest appropriate terminal for obtaining fuel. v. Only provide fuel from Environmental Protection Agency (EPA) registered terminals. 7. FUEL SPECIFICATIONS: i. Gasoline fuel shall meet the following specifications: 405-220-930-7800 Gasoline E10, Unleaded, 87 Octane, conforming to Florida Department of Agriculture and Consumer Services standards 5F-2.001 ii. Diesel fuel shall meet the following specifications: 4405-120-260-1030 Ultra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass % sulfur, minimum cetane index of 40) for use in over the road diesel engines, per A.S.T.M. ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 20 specification D975, conforming to Florida Department of Agriculture and Consumer Services standards 5F-2.001 8. FAULT AND RESPONSIBILITY: Issues related to delivery of fuel may include, but are not limited to, incorrect orders, fuel spills, delivering wrong fuel, and cross-fueling. The party at fault will be responsible for all direct costs incurred to correct any such issue. 9. SCHEDULE AND DAMAGES: The Successful Bidder agrees to pay any and all additional costs incurred by the City to procure fuel elsewhere if Successful Bidder fails to deliver per the requirements of this ITB, as well as reimburse the City for any out-of-pocket expenses the City directly or indirectly incurs due to Successful Bidder’s failure to meet the requirements. 10. FEDERAL AND STATE STANDARDS: It is the intent of the City that all specifications herein are in full and complete compliance with all federal and State laws and regulations applicable to the type and class of commodity being provided. This includes, but is not limited to, Federal Motor Equipment Safety Standards (FMVSS), Occupational Safety and Health Administration (OSHA), and Environmental Protection Agency (EPA) Standards. In addition, any federal or State legislation that becomes effective during the term of the Agreement, including any renewals, that changes such applicable laws and regulations shall immediately become a requirement of the Agreement. The successful Bidder must meet or exceed any such laws or regulatory requirements. If an apparent conflict exists between the specifications and requirements contained herein and federal and State laws and regulations, the Successful Bidder must contact the Contract Administrator immediately. Delivery of non-conforming product may be cause for termination of the Agreement and/or suspension of Successful Bidder. [Remainder of page intentionally left blank] ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 21 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 Bidder’s Statement of Organization W-9 Bid Submittal Signature Page Minimum Qualifications Documentation Public Entity Crimes Form Drug Free Workplace Form Conflict of Interest Form Acknowledgement of Addenda Form Schedule of Pricing Form Byrd Anti-Lobbying Amendment Form Debarment and Suspensions Form Scrutinized Company Certification Form Proof of Insurances ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 22 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 • Form 7 Byrd Anti-Lobbying Amendment • Form 8 Debarment and Suspensions • Form 9 Scrutinized Company Certification ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 23 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 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 2017-047 Bulk Gasoline and Diesel Fuel Page | 24 Form 1 – Bid Submittal Signature Page (cont’d) Signature Authority Indicate below Bidder’s type of organization and provide the required documentation as applicable to demonstrate that the executor of Bidder’s Bid 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. ITB 2017-047 Bulk Gasoline and Diesel Fuel 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 2017-047 Bulk Gasoline and Diesel Fuel 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 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 2017-047 Bulk Gasoline and Diesel Fuel 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 2017-047 Bulk Gasoline and Diesel Fuel 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 _______________________________________________________________ Bidder (firm name) ________________________________________________________________ Signature Date ________________________________________________________________ Printed Name and Title ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 29 Form 6 - Schedule of Pricing Bidder Name: A. PRICE: Bidder must submit pricing per the requirements and specification detailed in this ITB. Pricing submitted shall be a surcharge over the DTN FastRacks Average Price for each product at the time of delivery and shall include split loads. No other charges outside of the Fee Schedule shall be permitted. NOTE: Only pricing submitted under Other Charges and Bid Item Nos. 1, 2, 8, and 9 will be utilized during the evaluation of bids. a. Fee Schedule i. Transport Truck Delivery ITEM DESCRIPTION SURCHARGE AMOUNT 1 Gasoline 405-220-930-7800 Gasoline E10, Unleaded, 87 Octane $ per gallon 2 Diesel 4405-120-260-1030 Ultra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass % sulfur, minimum cetane index of 40) $ per gallon 3 Other Fuel Type (specify) ___________________ $ per gallon 4 Other Fuel Type (specify) ___________________ $ per gallon 5 Other Fuel Type (specify) ___________________ $ per gallon 6 Other Fuel Type (specify) ___________________ $ per gallon 7 Other Fuel Type (specify) ___________________ $ per gallon ii. Tank Wagon Delivery ITEM DESCRIPTION SURCHARGE AMOUNT 8 Gasoline 405-220-930-7800 Gasoline E10, Unleaded, 87 Octane $ per gallon 9 Diesel 4405-120-260-1030 Ultra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass % sulfur, minimum cetane index of 40) $ per gallon 10 Other Fuel Type (specify) __________________ $ per gallon 11 Other Fuel Type (specify) __________________ $ per gallon 12 Other Fuel Type (specify) __________________ $ per gallon 13 Other Fuel Type (specify) __________________ $ per gallon 14 Other Fuel Type (specify) __________________ $ per gallon ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 30 iii. Other Charges (if applicable) Delivery fees, pump off charges, etc. ITEM DESCRIPTION UNIT PRICE UNIT OF MEASURE 15 __________________________________________ $______________ _________ 16 __________________________________________ $______________ _________ 17 __________________________________________ $______________ _________ 18 __________________________________________ $______________ _________ 19 __________________________________________ $______________ _________ 20 __________________________________________ $______________ _________ 21 __________________________________________ $______________ _________ 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 City Website Other (specify) _______________________________________ ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 31 Form 7 - Byrd Anti-Lobbying Amendment By signing below, Bidder confirms that it 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 obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352 Signature Date Printed Name and Title Printed Firm Name ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 32 Form 8 – Debarment and Suspension By signing below, Bidder confirms that it is not listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ Signature Date Printed Name and Title Printed Firm Name ITB 2017-047 Bulk Gasoline and Diesel Fuel Page | 33 Form 9 - Scrutinized Company Certification ITB No. 2017-047 Bulk Gasoline and Diesel Fuel This certification is required pursuant to Florida State Statute Section 287.135. As of July 1, 2011, a company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more. Companies must complete and return this form with its Bid. Company. FID or EIN No. Address. City. State. Zip. I, , as a representative of certify and affirm that this company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Signature Title Printed Name Date 1 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND ____________________ FOR PURCHASE AND DELIVERY OF BULK GASOLINE AND DIESEL FUEL 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 "Second Party," (collectively referred to as the Parties). WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 9, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or designee. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Second Party and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or Appendix A 2 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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 Second Party shall perform all work identified in this Agreement and Exhibit "A". The Scope of Services is a description of Second Party’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 Second Party impractical, illogical, or unconscionable. 2.2 Second Party acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 This 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 1, 2017 through March 31, 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 Second Party agrees that it shall continue service upon the request of the Contract Administrator. The extension period shall not extend for greater than three months beyond the term of the Agreement. The Second Party shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement as amended. The Chief Purchasing Officer shall notify Second Party of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. Appendix A 3 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement ARTICLE 4 COMPENSATION 4.1 City will pay Second Party, in the manner specified in Section 4.3, the total amount of _______________________________ Dollars ($_________) for work actually performed and completed pursuant to this Agreement. Second Party acknowledges that this amount is the maximum payable and constitutes a limitation upon City’s obligation to compensate Second Party for its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Second Party’s obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.1.1 Second Party acknowledges that the dollar limitation set forth in Section 4.2.1 is a limitation upon, and describes the maximum extent of, City’s obligation, but does not constitute a limitation, of any sort, upon Second Party’s obligation to incur expenses or perform the services identified in Article 2. 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 Second Party may submit invoices for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. Second Party shall submit with each invoice a Certification of Payments to Subcontractors and Suppliers (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 form, explaining the good cause why payment has not been made. 4.3.2 City shall pay Second Party within thirty (30) calendar days of receipt of Second Party’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 Second Party to comply with a term, condition, or requirement of this Agreement. 4.3.3 Second Party shall pay its subcontractors and suppliers within thirty (30) days following receipt of payment from City for such subcontracted work or supplies. If Second Party withholds an amount from subcontractors or suppliers as retainage, such retainage shall be released and paid within Appendix A 4 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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 Second Party at: __________________________ __________________________ __________________________ ARTICLE 5 INDEMNIFICATION Second Party shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Second Party, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Second Party shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Second Party under this Agreement may be retained by City until all of 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 Second Party shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit C, Insurances, in accordance with the terms and conditions stated. Appendix A 5 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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, Second Party’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 Second Party is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Second Party provides a false certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the “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, Second Party shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Second Party acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Second Party, for City's right to terminate this Agreement for convenience. Appendix A 6 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 7.5 In the event this Agreement is terminated for any reason, any amounts due Second Party shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 NON-DISCRIMINATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Second Party to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Second Party shall 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. Second Party shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Second Party shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Second Party shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Second Party represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Second Party all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. Appendix A 7 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement ARTICLE 9 MISCELLANEOUS 9.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Second Party grants to City a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Second Party, whether finished or unfinished, shall become the property of City and shall be delivered by Second Party to the Contract Administrator within eight (8) days of termination of this Agreement by either party. Any compensation due to Second Party 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 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 Appendix A 8 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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. v. 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. 9.3 INSPECTOR GENERAL. Second Party is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Second Party and its sub licensees and lower tier sub licensees. Second Party understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Second Party or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Second Party and its subcontractors that are related to this Project. Second Party and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Second Party and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Second Party and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, Appendix A 9 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Second Party shall ensure that the requirements of this Section 9.3 are included in all agreements with its subcontractor(s). 9.5 TRUTH-IN-NEGOTIATION REPRESENTATION Second Party's compensation under this Agreement is based upon representations supplied to City by Second Party, and Second Party certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 9.6 PUBLIC ENTITY CRIME ACT Second Party represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Second Party further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a “public entity crime” and that it has not been formally charged with committing an act defined as a "public entity crime" Appendix A 10 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement regardless of the amount of money involved or whether Second Party has been placed on the convicted vendor list. 9.7 INDEPENDENT CONTRACTOR Second Party is an independent contractor under this Agreement. Services provided by Second Party pursuant to this Agreement shall be subject to the supervision of Second Party. In providing such services, neither Second Party nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Second Party or Second Party’s agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFICIARIES Neither Second Party nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City Manager City Hall 100 N.W. 1st Avenue Delray Beach, Florida 33444 For Second Party: ________________________ ________________________ ________________________ Appendix A 11 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 9.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Second Party shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Second Party of this Agreement or any right or interest herein without City's written consent. Second Party represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Second Party shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Second Party's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 9.11 CONFLICTS Neither Second Party nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Second Party’s loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Second Party’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 Second Party is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Second Party or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. Appendix A 12 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement In the event Second Party is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Second Party shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Second Party. 9.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 COMPLIANCE WITH LAWS Second Party shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Second Party elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 9.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 9.16 INTERPRETATION Appendix A 13 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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 Appendix A 14 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Second Party or others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 9.21 PAYABLE INTEREST 9.21.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Second Party waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 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 Appendix A 15 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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 AND PAYMENT BOND Second Party will execute and deliver to the City, within ten business days after notification of award, a Cash Deposit, Performance Bond, or Unconditional Irrevocable Letter of Credit payable to the City, in total the amount of Bidder’s bid amount. 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 Second Party to the City in the event of a material breach of the Agreement by the Second Party. The City shall monitor the performance of Second Party. If Second Party’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. ITB No. 2017-047, Purchase and Delivery of Bulk Gasoline and Diesel Fuel, dated March 27, 2017, and all its addenda; Appendix A 16 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement C. Second Party’s response to ITB No. 2017-047, Purchase and Delivery of Bulk Gasoline and Diesel Fuel, and any subsequent information submitted by Second Party during the evaluation and negotiation process. ARTICLE 12 APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. a) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where Successful Proposers violate or breach contract terms, and provide for such sanctions and penalties as appropriate. b) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. c) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, ‘‘Equal Employment Opportunity’’ (30 FR 12319, 12935, 3 CFR Part, 1964– 1965 Comp., p. 339), as amended by Executive Order 11375, ‘‘Amending Executive Order 11246 Relating to Equal Employment Opportunity,’’ and implementing regulations at 41 CFR part 60, ‘‘Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.’’ d) Davis-Bacon Act, as amended (40 U.S.C. 3141–3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction’’). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The Appendix A 17 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland ‘‘Anti- Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers 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 workweek. 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 underworking 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 or transmission of intelligence. f) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency. g) Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33U.S.C. 1251–1387), as amended—Contracts and subgrants of amounts in excess of $150,000must contain a provision that requires the non-Federal award to agree 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Appendix A 18 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement h) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. i) Byrd Anti-Lobbying Amendment (31U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must 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 obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must 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 non-Federal award. j) See § 200.322 Procurement of recovered materials. k) MINORITY / WOMEN’S / LABOR SURPLUS FIRMS PARTICIPATION: The City, in accordance with the requirements as stated in C.F.R. 200.321 encourages the active participation of minority businesses, women’s business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. If subcontracts are to be let, through a prime contractor, that contractor is required to take the affirmative steps listed in items a through e below: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; c. 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; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. 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. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014] (The remainder of this page is intentionally left blank.) Appendix A 19 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Board, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the _____ day of _________________, 20__, and Second Party, signing by and through its _________________________, duly authorized to execute same. ATTEST: CITY OF DELRAY BEACH, FLORIDA _______________________________ City Clerk By____________________________ Cary D. Glickstein, Mayor ____ day of ______________, 20___. APPROVED AS TO FORM: _______________________________ Janice Rustin, Interim City Attorney Appendix A 20 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement AGREEMENT BETWEEN DELRAY BEACH, FLORIDA AND ________________________________________________ SECOND PARTY By______________________________ WITNESS: (Signature) ______________________________ ____________________________ (Printed name, Title) (Signature) ____ day of ______________, 20___ ____________________________ (Printed name) WITNESS: ____________________________ (Signature) ____________________________ (Printed name) (SEAL) Appendix A 21 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution of Agreement] Appendix A 22 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement EXHIBIT B CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS Bid No. _______________ 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) Appendix A 23 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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) Appendix A 24 | Page Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement EXHIBIT C INSURANCE REQUIREMENTS Second Party 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. 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. E. Umbrella Liability Insurance or Excess Liability Insurance with limits of not less than one million ($1,000,000) dollars may be used to reach the limits of liability required for the General Liability and the Business Automobile Policy. If applicable, the amounts specified as Contract specific will be an initial layer of coverage which will be applicable only to claims arising out of, or in connection with, the work performed or the use or occupancy of Authority premises in connection with this Contract and will not be reduced or diminished in any manner by claims resulting from other than the work performed or the use or occupancy of Authority premises in connection with this Contract. The amounts specified as total limits will be the total minimum limits required, including the initial layer. 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 Second Party 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. Appendix A Ma c m i l l a n   O i l   C o m p a n y Pe t r o l e u m   T r a d e r s   C o r p o r a t i o n Ga i n e s v i l l e RK A   P e t r o l e u m   C o m p a n i e s In d i g o   E n e r g y   P a r t n e r s Pr o   E n e r g y 57 9 , 0 8 0 . 2 5 0 0 $                                                                                                                                                                               Bu l k   G a s o l i n e   a n d   D i e s e l   F u e l IT B   N o .   2 0 1 7 ‐ 0 4 7 Bi d   O p e n i n g :   A p r i l   2 5 ,   2 0 1 7 ,   2 : 0 0   P M   E T Bi d   T a b u l a t i o n   S u m m a r y Bi d d e r To t a l   B i d   A m o u n t (T r a n s p o r t   T r u c k   B i d   A m o u n t   +   T a n k   W a g o n   B i d   A m o u n t ) 56 0 , 4 1 4 . 6 2 5 0 $                                                                                                                                                                              56 6 , 5 8 7 . 4 3 7 5 $                                                                                                                                                                              57 2 , 1 2 5 . 6 2 5 0 $                                                                                                                                                                              57 2 , 7 6 1 . 1 2 5 0 $                                                                                                                                                                              57 7 , 6 0 2 . 9 3 7 5 $                                                                                                                                                                               Ty p e Ga s o l i n e   (G a l l o n ) D i e s e l   ( G a l l o n ) Pu m p   O f f   ( E a c h Ex t r a   S t o p   (E a c h ) De m u r r a g e   (H o u r ) Sp l i t   L o a d   (O c c u r r e n c e ) Fr e i g h t   f o r   Tr a n s p o r t   T r u c k   (G a l l o n )   TOTALS Es t i m a t e d   A n n u a l   Q t y 1 8 0 , 0 0 0                      7 6 , 8 7 5                          7 6                                      1 2                                    6                                                    1 5                                          2 4 0 , 0 0 0                    In d i g o   E n e r g y   P a r t n e r s ( 0 . 0 2 1 4 ) $                    0 . 0 1 6 2 $                        5 0 . 0 0 0 0 $              4 0 . 0 0 0 0 $              7 0 . 0 0 0 0 $                          ‐ $                                    ‐ $                                    4 1 9 , 5 4 7 . 3 1 2 5 $   Ma c m i l l a n   O i l   C o m p a n y ( 0 . 0 0 5 0 ) $                    ‐ $                                    ‐ $                                ‐ $                              ‐ $                                          ‐ $                                    ‐ $                                    4 1 6 , 5 5 3 . 9 3 7 5 $   Pr o   E n e r g y 0 . 0 1 5 0 $                      0 . 0 2 5 0 $                        3 5 . 0 0 0 0 $              ‐ $                              6 5 . 0 0 0 0 $                          3 5 . 0 0 0 0 $                  ‐ $                                    4 2 5 , 6 5 0 . 8 1 2 5 $   Ma n s f i e l d   O i l   C o m p a n y   o f   G a i n e s v i l l (0 . 0 5 0 3 ) $                    ( 0 . 0 2 7 7 ) $                    4 0 . 0 0 0 0 $              ‐ $                              ‐ $                                          4 5 . 0 0 0 0 $                  0 . 0 3 0 0 $                      4 1 7 , 1 8 5 . 5 0 0 0 $   Pe t r o l e u m   T r a d e r s   C o r p o r a t i o n ( 0 . 0 0 9 6 ) $                    0 . 0 1 3 1 $                        ‐ $                                ‐ $                              ‐ $                                          ‐ $                                    ‐ $                                    4 1 6 , 7 3 3 . 0 0 0 0 $   RK A   P e t r o l e u m   C o m p a n i e s ( 0 . 0 0 3 2 ) $                    0 . 0 2 2 4 $                        ‐ $                                ‐ $                              ‐ $                                          ‐ $                                    ‐ $                                    4 1 8 , 5 9 9 . 9 3 7 5 $   Ty p e G a s o l i n e   ( G a l l o n Di e s e l   ( G a l l o n ) P u m p   O f f   ( E a c h E x t r a   S t o p   ( E a c D e m u r r a g e   ( H o u r )Sp l i t   L o a d   ( O c c u rFr e i g h t   f o r   Tr a n s p o r t   T r u c k   (G a l l o n )   TOTALS Es t i m a t e d   A n n u a l   Q t y 6 0 , 0 0 0                            2 5 , 6 2 5                          7 6                                      1 2                                    6                                                    1 5                                          1 0 2 , 5 0 0                    In d i g o   E n e r g y   P a r t n e r s 0 . 1 6 5 8 $                      0 . 1 6 6 1 $                        5 0 . 0 0 0 0 $              4 0 . 0 0 0 0 $              7 0 . 0 0 0 0 $                          ‐ $                                    ‐ $                                    1 5 8 , 0 5 5 . 6 2 5 0 $   Ma c m i l l a n   O i l   C o m p a n y 0 . 0 5 5 0 $                      0 . 0 5 5 0 $                        ‐ $                                ‐ $                              ‐ $                                          ‐ $                                    ‐ $                                    1 4 3 , 8 6 0 . 6 8 7 5 $   Pr o   E n e r g y 0 . 1 2 5 0 $                      0 . 1 2 5 0 $                        3 5 . 0 0 0 0 $              ‐ $                              6 5 . 0 0 0 0 $                          3 5 . 0 0 0 0 $                  ‐ $                                    1 5 3 , 4 2 9 . 4 3 7 5 $   Ma n s f i e l d   O i l   C o m p a n y   o f   G a i n e s v i l l 0. 0 2 1 3 $                      0 . 0 2 1 3 $                        4 0 . 0 0 0 0 $              ‐ $                              ‐ $                                          4 5 . 0 0 0 0 $                  0 . 1 0 0 0 $                      1 5 4 , 9 4 0 . 1 2 5 0 $   Pe t r o l e u m   T r a d e r s   C o r p o r a t i o n 0 . 1 2 5 0 $                      0 . 1 2 5 0 $                        ‐ $                                ‐ $                              ‐ $                                          ‐ $                                    ‐ $                                    1 4 9 , 8 5 4 . 4 3 7 5 $   RK A   P e t r o l e u m   C o m p a n i e s 0 . 1 2 3 7 $                      0 . 1 4 8 6 $                        4 5 . 0 0 0 0 $              ‐ $                              6 0 . 0 0 0 0 $                          ‐ $                                    ‐ $                                    1 5 4 , 1 6 1 . 1 8 7 5 $   Tr a n s p o r t   T r u c k   D e l i v e r y Fu e l O t h e r   C h a r g e s Ta n k   W a g o n   D e l i v e r y Fu e l O t h e r   C h a r g e s AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND PETROLE'[JM TRADERS CORPORATION FOR PURCF-IASE AND DELIVERY OF BULK GASOLINE AND DIESEL FUEL This is an Agreement ("Agreement"), made and entered into by and between the City of Delray Beach, a municipal corporation of the State of Florida, hereinaffer referred to as "City," and Petroleum Traders Corporation, an Indiana Corporation, authorized to do business in the State of Florida, hereinafter referred to as "Contractor," (collectively referred to as the Parties). WI'INESSETH: In consideration of the mutual terrns, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE l 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 12, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Commission - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or designee. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Contractor and to manage and supervise execution and completion ofthe Scope of Services and the tertns 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 I I " (l g '- Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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 Commission. 1.5 City Attorney - The chief legal counsel for City appointed by the Commission. 1.6 Project - The Project consists of the services described in Exhibit A, Scope of Services. 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. 2.2 Contractor acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify Exhibit A, Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3. I 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 June 7, 2017 through June 6, 2020 with one, two-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. 3.2 In the event services are scheduled to end due to the expiration of this Agreement, the Contractor agrees that it shall continue service upon written request by City. 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. 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. 2 I' il '' e Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement ARTICLE 4 COMPENSATION 4. 1 City will pay Coritractor, in the manner specified in Section 4.2, an amount not to exceed Two Hundred Forty Thousand Dollars ($240,000.00) per year for work actually performed and completed pursuant to this Agreement, which amount shall be accepted by Contractor as full compensation for all such services and in accordance with Exhibit D, Schedule of Pricing. Contractor acla'iowledges 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 maxirnum amount, however, does not constitute a limitation, of any sort, upon Contractor's obligation to perforrn all items of work required by or which can be reasonably inferred from the Scope of Services. 4.2 METHOD OF BILLING AND PAYA/IENT 4.2.1 Contractormaysubmitinvoicesforcompensationnomoreoftenthanonamonthly 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 (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 foim, explaining the good cause why any such payment has not been made. 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 forrn and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of Contractor to comply with a terrn, condition, or requirement of this Agreement. 4.2.3 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 wtthholds an amount from subcontractors or suppliers as retamage, such retairiage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from City. 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. 3 Pitr"c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 4.4 Payment shall be made to Contractor at: Petroleum Traders Corporation 7120 Pointe Inverness Way Fort Wayne, IN 46804 ARTICLE 5 INDEMNIFICATION Contractor shall at all times hereafter indemnify, hold harnnless 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 terrnination 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 INStJRANCE 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 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 ofthe 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 of Delray Beach, 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 forrn of Certificate(s) of Insurance and applicable endorsements, 4 i P it '4 c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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 C. City shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to City upon expiration. 6.4 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. 6.5 If Contractor uses a subconsultant or subcontractor, Contractor shall ensure that each subconsultant or subcontractor names "City of Delray Beach, Florida" as an additional insured under the subconsultant's or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies. ARTICLE 7 TERMINATION 7.1 ThisAgreementmaybeterminatedforcausebytheaggrievedpartyifthepartyinbreach 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 terrninated for convenience by the Commission. Termination for convenience by the Commission 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 deterrnines 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 terrnination for convenience, which shall be effective thirty (30) days after such notice of terrnination 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 perforrn 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 5 P '(l 'r' C Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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 Commission: 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 terrninated for convenience, Contractor shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of terrnination. 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 convenlenCe. 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 perforrnance of this Agreement. Failure by Contractor to carry out any of these requirements shall constitute a material breach of this Agreement, which shall perrnit 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 ariy 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 6 P (l 'c ': Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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 debarrnent 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA ST ATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONT ACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1' AVE., DELRAY BEACH FLORIDA. THE CITY CLERK MAY BE REACH VIA TELEPHONE AT 561-243-7060 0R BY EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. 9.2.2 Contractor shall comply with public records laws, specifically to: Keep and maintain public records required by the City to perforrn the service. 7 P r I U c0 Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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. 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. 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, m a forrnat 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 perforrnance 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 AtJDIT 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 forrn, or in a forrn capable of conversion into written foim 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 forrn. 8 P it B c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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 terrnination 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 REPRESENT ATION Contractor's compensation under this Agreement is based upon representations supplied to City by Contractor, and Contractor certifies that the inforrnation 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 perforrn 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 tertnination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarrnent 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 Pal'i'ca Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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. IS' Avenue Delray Beach, Florida 33444 With Copy To: City of Delray Beach ATTN: City Attorney 200 N.W. 1" Ave. Delray Beach, FL 33444 lOi P a g c Purchase and Delivery of BulJc Gasoline and Diesel Fuel Agreement For Contractor Petroleum Traders Corporation ATTN: Contract Sales / Bids Manager 7120 Pointe Inverness Way Fort Wayne, IN 46804 9.10 ASSIGNMENT ANDPERFORMANCE 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 herem. 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 perforrnance 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 perforrnance under this Agreement. None of Contractor's officers or employees shall, during the terrn 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. 11 i P a g c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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 MATERIALITYANDWAIVEROFBREACH 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 COMPLIANCEWITHLAWS Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulattons 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 terrninate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 9.15 JOINTPREPARATION 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 12 I' ii !,! c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 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 I 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,WAIVEROFJURYTRIAL 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 paity may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CML LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQtJEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THF, 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 AW ARDED 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 terrns 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 13 i (" a =i c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement the Commission 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 Paities 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 wairants 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. 9.24 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. 14 P a L! c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement ARTICLE 10 PERFORMANCE AND PAYMENT BOND Contractor will execute and deliver to the City, within ten business days after notification of award, a Cash Deposit, Performance Bond, or Unconditional Irrevocable Letter of Credit payable to the City,intotaltheamountofFiftyThousandDollars($50,000). Ifthebondisonanannualcoverage 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 fom 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 terrns of the following documents will govern in the following order of precedence: A. Terms and conditions as contained in this Agreement; B. ITBNo.20l7-047,PurchaseandDeliveryofBulkGasolineandDieselFuel,datedMarch27, 2017, and all its addenda; C. Contractor's response to ITB No. 2017-047, Purchase and Delivery of Bulk Gasoline and Diesel Fuel, and any subsequent information submitted by Contractor during the evaluation and negotiation process. ARTICLE 12 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS To the extent that the following provisions apply to this Agreement, the Contractor hereby assures the City that it will comply with the following Federal requirements: 15i P ii g e Purchase ar+d Delivery of Bulk Gasoline and Diesel Fuel Agreement a) The Contractor will comply with Equal Employment Opportunity laws as provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Eqrial Employrnent Opportiinity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementu'ig regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor" and as further set forth below The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the foll6wing: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or terrnination; 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 contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advancements 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, sexual orientation, gender identity, or national origin. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation inforrnation of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such infornnation, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conduded by the employer, or is consistent with the Contractor's legal duty to furnish infoimation. 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 by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 16 P ii g c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement v. The Contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. Vlll. The Contractor will furnish all inforrnation and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the provisions of paragraphs (1) through (8) 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 No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971] b) Contractorwillcomplywiththe Davis-BaconAct(40U.S.C.3141-3144,and3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, " Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechamcs at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. c) Contractor will comply with the the Copeland " Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from tlie United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, 17i I' a 'g c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City is required to report all suspected or reported violations to the Federal awarding agency. d) The Contractor will comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers 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 workweek. 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 underworking 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 or transmission of intelligence. e) The Contractor will comply with the the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Orgamzations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the City. f) The Contractor will comply with the Clean Air Act (42 U.S.C. 7401 -7671q.) and the FederalWaterPollutionControlAct(33U.S.C. 1251-1387),asamended.Violationsmust be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). g) The Contractor will comply with the Byrd Anti-Lobbying Amendment (31U.S.C. 1352) and 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 obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must 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 non-Federal award. h) MINORITY/WOMEN'S / LABOR S{JRPLUS FIRMS PARTICIPATION: The City, in accordance with the requirements as stated in C.F.R. 200.321 encourages the active participation of minority businesses, women's business enterprises and labor surplus area firms as a part of this Agreement whenever possible. If subcontracts are to be let, through the Contractor, that Contractor is required to take the affirrnative steps listed in items a through e below: 18i P a g c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to perrnit maximum participation by small and mmority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. Using the services and assistance, as appropriate, of such orgamzations as the Small Bustness Administration and the Minority Business Development %ency of the Department of Commerce. (The remainder of this page is intentionally left blank.) 19 P a !2 c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement IN WIaINESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Commission, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Commission action on the day of , 2017, and Contractor, signing by and through its V!Ce Pres!dem , duly authorized to execute same. ATTEST:CITY OF DELRAY BEACH, FLORIDA Katerri Johnson, City Clerk BY Cary D. Glickstein, Mayor day of , 2017. APPROVED AS TO FORM: R. Max Lohman, City Attorney 20 P ,i q c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement AGREEA/IENT BETWEEN DELRAY BEACH, FLORIDA AND PETROLEUM TRADERS CORPORATION WITNESS: (S, g Gayle Newton (Printed name) CONTRACTOR (Signahire) Vicki Himes, Vice President (Printed name, Title) 22 day of May ,2017 WITNESS Renee Boyd (Printed name) (SEAL) 21 P a g e Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement EXHIBIT A SCOPE OF SERVICES 1. DEFINITIONS: i. Data Transmission Network (DTN) FastRacks Average Price - Fuel price published by Schneider Electric that will be used as the base price to calculate daily fuel charges. ii. Transport Truck Delivery - Delivery of fuel by Transport Truck with a minimum delivery of 8,000 gallons for gasoline, 7,200 gallons for diesel, and 7,200 gallons for a combination load of gasoline and diesel. iii. Tank Wagon Delivery - Delivery of fuel by Tank Wagon where maximum capacity of the fuel tank does not meet the mimmum delivery of gallons specified for a Transport Truck. iv. Fuel - Any fuel type obtained through this Agreement. Fuel types shall include, but not be limited to, Unleaded EIO Gasoline, Ultra Low Sulfur No. 2 Diesel, Ultra Low Sulfur No. 2 0ff- Road, Dyed Diesel, and Biodiesel. v. Surcharge - Dollar amount specified by Contractor to be added to D'IN FastRacks Averege Price to cover Contractor's costs and profits. Split Load - Delivery from a Transport Truck which contains multiple fuel types. 2. SCOPE: Contractor will provide all labor and equipment associated with providing and delivering fuel to the City's fuel tanks located throughout Delray Beach for normal daily operational requirements, as well as during emergency situation or event. An emergency can be declared by the City, at its sole discretton, and may consist of natural and man-made disasters including, but not limited to, severe storms, hurricanes, wild fires, flooding, warfare, civil unrest, and terrorism. For purposes of this Agreement, Contractor shall be City's Secondary Fuel Supplier. In the event that the Primary Fuel Supplter is unable to fulfill City's fuel order(s) for any reason, the Secondary Fuel Supplier may be utilized in order to fulfill Csty's fuel order(s). 3. ESTIMATED FUEL QUANTITIES: The City estimates approximately 240,000 gallons of gasoline and 102,500 gallons of diesel fuel will be purchased over the course of one year. Nearly 75% of fuel orders are estimated to utilize a Transport Truck, and the remaining 25% of fuel orders are estimated to utilize a Tank Wagon. 4. DELIVERY LOCATIONS AND STORAGE TANK CAP ACITIES: i. Public Works Department 434 S. Swinton Avenue Delray Beach, FL 33444 (Entrance off of SW 4th Street) Two 5,000 gallon underground gasoline storage tanks One 5,000 gallon underground diesel storage tank Utility Maintenance Department 434 S. Swinton Avenue Delray Beach, FL 33444 (Entrance off of SW 4th Street) One 2,000 gallon above ground diesel tank One 3,000 gallon above ground diesel tank Water Treatment Plant 201 SW 7th Street 22 i P .'i g c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement Delray Beach, FL 33444 One 1,000 gallon above ground diesel tank One 6,000 gallon above ground diesel tanJc Fire Station No. 113 651 W. Linton Blvd. Delray Beach, FL 33444 One 2,000 gallon above ground diesel tank V.Delray Beach Police Department 300 W. Atlantic Ave. Delray Beach, FL 33444 One 10,000 gallon underground gasoline tank One 1,000 gallon underground gasolme tank One 2,000 gallon underground diesel tank 5. REQUIREMENTS: Contractor shall: i. Deliver fuel under normal circumstances to the City within forty-eight hours of request by the City. ii. Deliver fuel under emergency conditions to the City within twenty-four hours of request by the City. ui. Provide emergency fuel to the City on a first-serve basis. For purposes of this Agreement, first- serve basis means Contractor will deliver fuel to City before delivermg fuel to non- govermnental entities. iv. Use the closest appropriate terminal for obtaining fuel. v. Only provide fuel from Environrnental Protection Agency (EPA) registered terrninals. 6. FUEL SPECIFICATIONS: i. Gasoline fuel shall meet the following specifications: 405-220-930-7800 Gasoline EIO, Unleaded, 87 0ctane, conforming to Florida Department of Agriculture and Consumer Services standards 5F-2.001 u. Diesel fuel shall meet the following specifications: 4405-120-260-1030 Ultra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass % sulfur, minimum cetane index of 40) for use in over the road diesel engines, per A.S.T.M. specification D975, conforrning to Florida Department of Agiiculture m'id Consumer Services standards 5F-2.001 7. FAULT AND RESPONSIBILITY: Issues related to delivery of fuel may include, but are not limited to, incorrect orders, fuel spills, delivering wrong fuel, and cross-fueling. The party at fault will be responsible for all direct costs incurred to correct any such issue. 8. SCHEDULE AND DAMAGES: Contractor agrees to pay any and all additional costs incurred by the City to procure fuel elsewhere if Contractor fails to deliver per the requirements of this Agreement, as well as reimburse the City for any out-of-pocket expenses the City directly or indirectly incurs due to Contractor's failure to meet the requirements. 9. FEDERAL AND ST ATE ST ANDARDS: It is the intent of the City that all specifications herein are in full and complete compliance with all federal and State laws and regulations applicable to the type and class of commodity being provided. This includes, but is not limited to, Federal Motor Equipment Safety Standards 23 P a v c Purchase mid Delivery of Bulk Gasoline and Diesel Fuel Agreement (FMVSS), Occupational Safety and Health Administration (OSHA), and Environmental Protection Agency (EPA) Standards. ii. In addition, any federal or State legislation that becomes effective during tlie term of the Agreement, including any renewals, that changes such applicable laws and regulations shall immediately become a requirement of the Agreement. Contractor must meet or exceed any such laws or regulatory requirements. iii. If an apparent conflict exists between the specifications and requirements contained herein and federal and State laws and regulations, the Contractor must contact the Contract Administrator immediately. Delivery of non-conforming product may be cause for termination of the Agreement and/or suspension of Contractor. (The remainder of this page is intentionally left blank.) 24 i P a g e Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement EXHIBIT B CERTIFICATION OF PAYMENTS TO S{JBCONTRACTORS AND S{JPPLIERS ITB No. 2017-047 Project Title Purchase and Delivery of Bulk Gasoline and Diesel Fuel 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 m reasonably specific detail the good cause why payment has not been made, is attached to this form: Subcontractor or Supplier's name and address Date of disputed lnVOlCe Amount in dispute 3.The undersigned is authorized to execute this Certification on behalf of CONTRACTOR. Dated May 12 , 2017 Petroleum Traders Corporation Contractor ny(sl0?a) 4 By Gayle Newton, Contract Sales Manager (Name and Title) 25 i P :i g e Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS (Continued) STATEOF Indiana ) ) SS. COUNTY OF Allen ) The foregoing instrument was acknowledged before me this 12th day of MaV , 2017, by GayleNewton who is personally known to me or who has produced satisfactory evidence as identification and who did/did not take an oath. WITNESS my hand and official seal, this 12 day of May , 2017, (NOT ARY SEAL) (Sign- ature of person takinowledginent) Michelle Beard (Name of officer taking acknowledgment) typed, printed, or stamped Internal Department Operations Director (Title or rank) My commission expires: 'r. I 1C}20 I S (Serial number, if any) 26 i P :i g c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement EXHIBIT C INS{JRANCE REOUIREMENTS Contractor 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 one hundred thousand dollars ($100,000) for each accident, one hundred thousand dollars ($100,000) for each disease, and five hundred thousand dollars ($500,000) for aggregate disease. C. Comprehensive General Liability Insurance: with limits of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for Bodily In)ury 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 in)ury. Personal in3ury coverage shall mclude 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 one million dollars ($1,000,000.00) combined single limit per each occurrence. E. Umbrella Liability Insurance or Excess Liability Insurance with limits of not less than one million ($1,000,000) dollars may be used to reach the limits of liability required forthe General Liability and the Business Automobile Policy. If applicable, the amounts specified as Contract specific will be an initial layer of coverage which will be applicable only to claims arising out of, or m connection with, the work performed or the use or occupancy of Authority premises in connection with this Contract and will not be reduced or diminished in any manner by claims resulting from other than the work performed or the use or occupancy of Authority premises in connection with this Contract. The amounts specified as total limits will be the total minimum limits required, including the initial layer. 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 ratuxg of A- VIII or better. All msurance policies shall name the City as an additional insured. Contractor agrees to notify the City within (5) busmess days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Purchasing Department. 27 I' ir !! e Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement EXHIBIT D SCHEDULE OF PRICING PRICE: Pricing shall be a surcharge over the DTN FastRacks Average Price for each product at the time of delivery. No other charges outside of the Fee Schedule, other than applicable fuel taxes, shall be permitted. Fee Schedule i. Transport Truck Delivery ITEM DESCRIPTION SURCHARGE AMOUNT l Gasoline 405-220-930-7800 Gasoline EIO, Unleaded, 87 Octane $ _-0.0096 per gallon 12 Diesel 4405-120-260-1030 Ultra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass % sulfur, minimum cetane index of 40)$ per gallon ii. Tank Wagon Delivery ITEM I DESCRIPTION SURCHARGE AMOUNT 3 Gasoline 405-220-930-7800 Gasoline EIO, Unleaded, 87 Octane $ 0_j_25_ per gallon 4 Diesel 4405-120-260-1030 Ultra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass oA sulfur, minimum cetane index of 40)$ Q__i2_2 per gallon 28 P a g c Purchase and Delivery of Bulk Gasoline and Diesel Fuel Agreement 4/25/2017 City of Delray Beach Slng MSIOn 100 N.W. 1s' Avenue Delray Beach, FL 33444 Re: Letter of Intent PETROLEUM TRADERS CORPORATION 7120 Point Inverness Way Fort Wayne, IN 46804-7928 (260) 432-6622 It is Petroleum Traders intent to supply and deliver approximately 240,000 gallons of gasoline and 102,500 gallons of diesel fuel to the City of Delray Beach, FL within the qualifications set forth in the bid document. Contract Sales Bid Department All contact regarding bids or awarded contracts are handled by the Contract Sales Bid Department. This will include all requests for fuel delivery as well as any questions about contract specifications, invoicing, pricing, taxes, or product information. Orders can be placed by emailinq bidorders@petroleumtraders.com or by calling 1-800-348-3705 option 4, Any staff member who answers will be able to assist you. Company Representatives that will be servicing your fuel contract if awarded, include, but are not limited to, the following Contract Sales Specialists. The current Bid staff includes the following members Renee Boyd Stephen Reuille Aaron Jorgensen Adam Carteaux Bret Rhen Kevin Smith Mariah Moonen Tricia Alonzo Kara Clark Austin Girardot Rob Irwin Seth Henline Alysha Waldren Gayle Newton is the Contract Sales/Bids Manager. Her email is qnewton@2petroleumtraders.com. Joseph Vanderpool and Amanda Durnell are the Assistant Managers. Their email is jvanderpoolppetroleumtraders.com and adurnell@2petroleumtraders.com respectively. For our customer's convenience, Petroleum Traders Corporation may be reached 24 hours a day, 7 days a week, 365 days a year. During normal business hours of 7AM to 5PM we may be reached at 800-348-3705 option 4. For after hours, weekends, or holidays dial the same number, but choose option #1 for the on call member of our dispatch staff and leave a message. All calls are returned within one hour. The Indiana Secretary of State filing offlce certifies that this copy is on file in this office. r,..=l,'i o -T! - ST ATE OF INDIANA OFFICE OP THE SECRETARY OF 8TATE CERTIFICATE OF INCORPORATION OF ,li r"' PETROLEUM TRADERS CORPORATION I, EDWIN J. SIMCOX, Secrerary of State of r)ie State of Indiana, hereby certify that Arricles of Incorporation of the abr>ve Corporation, rwthe form pre.icribed by my office, prepared ands)gned iri duplicate by the tncorporau:ir(s), and acknawledged and vertfied by thesame b4ore a Notary Pulyltc, hme been presented to me at my 4ce accompanred by tlie fees prescribed by law: rhat / have found such ArtiCle.l COnfOrm tO laW: that / haVe endOrSed my approval upOn Lhe dupliCale COpleS Oj.SuCh Al'r)Cks; Ihm al{ fees have been paid as required by law; fhat one copy of such Arrides has been filed in rny offrce; ond thar the remaining copy of such Arricles bearJn54 rhe endorsement of my approval and JilinB /I(IS beeri relurned by me to the incorporator(s) or hrs (their) representattves; all as prescrrbed by the pr'ovrsrons of the .........IN!)IAJVA..aEJ'lERAL...CO.RPORAT.ION..A.Cr.... u.s amended. NOW, THEREFORE, / hereb>i issue tosuch Corpormion this Ceriificare t4 Incmpor'ariorr mxd fin-tJi'ier cerrify that irs t'orporme exrstence has liegrm. In W ihurxs Whtttof, j havt hareunki Jal my haiid and affixad lhe ical of khe S[ale of lndiana, al Ihe C(ly of Irid:anapol:y 3rd Ihis ... .. ........dayof July 79 rp...... . EDWTN J. 8JMCOX, Seergbry o/ Slatg By........ Depuly Page 3 of 40 Certification Number: 2C)11033085451 The Indiana Secretary of State filing office certifies that this copy is on file in this office. Nt'laoo'ii'T";c't."Tt'hha'e"'aD!""el"it:""lhPa"iyMi!"ea'saail"oaan":o"IOboafla""riaodt"l":'oA""ct."p"oan"ad " ARTlcLEsoT'CoRPoRATloN Carporite Form No. 101 IJu. 1977)-Fage One bs formed purguant to the autbority of ons ol these a:f-18':5:. a-na ;pproprlat; :ffi;tu-tti, ;efere-iica Ih-O- u)-d- Incorporution In lhe Offlee ol the Count} Recarderbe made m the pragmb}e or ArtleJa u balow. la )10 lonmer required by tbo Indiana CieneralCorporatlon Aiit. ARTICLES OF INCORPORATION OF ,.,,,,,,...,,,,,,,,,,,,,,,,,,,,,,,,,,,p8%pQJJ,,,'ii 3p,,gQ8pQRA!':ION The undersigned incorporaloi or incoipnrators, dcsiting to form ii cor)ioralion (hcteinarrct rereried to as tlic "Corporatinn") pursunnl to the provisloni nr fi'ie Indiana Genctiii Cotpnra(ion Acl (Mctlicvl Pro{t.ssional Corporalion Acl/ DenlalProresslona}Coipnrallon Act/ProresstnnalCorpoialinn Acl t%l965), as iimcndttl (hetemorter nirctrttl tn as the '5tcli, execule the rollowing Artic)cs o(' (ncorpaiatlon. ARTICLE I Name '[The nama of Ihe Corporakion PE!'ROLEUM TRADERS OORPORATION ARTICLE II Purposes The purpOSeS for which the Corporation is formed arc: Eieati6n 1. ro aarpyr on the general buslness of deallnB ln the :@hBH(iByeaagned osralagAsao'ii nwhe,oleolBalleororoth"ew'alple!,raol1oenumg wprl'ohdulc'tsS fo"f anevgper0'y'ka':i nl0dn, s:very klnd, aharaater and desarlptlon and ror vhatever use. suiwf'olm4lsa Page 4 of 40 Certification Number: 2011033085451 Tiie Indiana Secretary of State filing office certifies that this copy is on file in this office. Section 2. !l'o buy, sell, hold, mortgage, pledge, exchange, :rent or manage personal and real property of e:very klnd, character, and descrlption whatsoever and wheresoever sltuated and any 1nterest therein. , lo do averythlng necessary, proper, advisable or aon- :venient for the a5compllshment of the purposes or the attalmnent of any of the-objeatlves and the furtherance of any of the powers hereln set forth; to do' ever7 othar act cir thing incldental thereto and 1n connec- tlon therewith whlch-ls not forbidden by the lavs of the 8tate of Indiana or the Provisions of the Articles of Inaorporatlon and to have, exercise and' enjoy all of the :toights, prlvlleges and powers authorlzed Corporatlons urxder the India:na'General Corporatlon Acts and all ths amendments thereto the same aB lf' they were speclflcall;y herein set fo:'th and enumerated. Page 5 of 40 Certiflcstion Number: 2014 033085451 P-01Jan-03-01 11 : 29A LYNTVOOD ROBERTS, TAX COLLECTOR 231 East Forsyth Strcet Room 212 Jacksonville, FL 32202 FAX TRANSMITTAL FOR'! DATE. //3/01 6 COMPANY'S PHONE# TOTAL NUMBER OF PAGES(INCLUDING COVER PAGE) 2 mt,coSvap. py} qutae.r;aoy, Ad5 <mc 7nr - ACCOUNTING SERVICES FAX: 904 -630 -7134 PH#: 904 -630 -2022 Jan - 03 - 01 11 : 30A P02 4'L1)'a:IV l ING! f'CiH I :iT PUBLI(: LERV It:if THX MF-lu rLR DUP F'G k'ER iuD k.-Fl I N-rER ;uR ll%JL.!Lll:(Y. lNufeQia K!.:Y I-Y'l:"U:DEQLER NU X BtJC3 I l'lESu NFThMi: X L[112 QDDR X HUU LLlhl$-'Lk tL- huH LIL!-lLbR NLI TYklE 1F<k4N CODE I NI)EX !=iLlktCIBJf=l,'t (SL-Ql:€;"I ',Tt -tT DEL(! t;ciuN'l C1'J H b 712il J Xui':16 11 ..S 14 -/ 121 hlU:i L NtsL:j N4M; N4M& ;? HI IN k'L-l +<L)LIUM l' H/4DL'-'FS CORk'UH/-l I- l UN KH'l-HY 'rHNVLR 51 k<Lh. I NU 711U L l I Y i U R I H Wt-l Y I%li LIHls.1 Nu./11121 L 1 I Y t- U H I H WH Y M LLIC411' IuN Ql)DHC:ju NQME F-OiN'T INI,1ERNESU :jlf-)l L ll%l l l ';' J+6 B1Z14 tYlQILINlj ?DDRL!,;'; N(4hlL:a g'OIN (' INlJERNEj:; UTQ-rL IN L1>' 46BlZk4 -l Y 4'E W Y TY):'E WY CR DI H D I R 44'-r NO. F'H €NE QF'ra Nu. 4'H ;E'l9 4J:-&6;o2 CRk41-l €iN D-l-:i &il/1A3/2k'll21l S 1-F-lkI Bl LL U i' 2 121 1 / ;:lZllZl 1 LQZ T' YCar' lUI 1- "/ : -qsi BILL nq're : iziBsStaizi Ll:lt 1- QL: 1 l U I T Y 1,11' :! 121 1 / 1213/ :ajlX l (,[lMl'l'-sl'J I (' L l N :i ,i:s - k 4tedL:7 Bid 2017 -047 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 Code of Ethics provisions. Firm Name: Petroleum Traders Corporation Mailing Address (if different from Street Address): 7120 Pointe Inverness Way Fort Wayne, IN 46804 Telephone Number(s): 800 -348 -3705 x4 Fax Number(s): Ema!l AddreSS: qnewton@petroleumtraders.com Federal Identification Number: 35-1462227 Linda Stephens, Vice President Printed Name and Title 4/25/2017 Date 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 -047 Bulk Gasoline and Diesel Fuel Page i 23 Bid 2017 -047 Form 1- Bid Submittal Signature Page (cont'd) Signature Authority Indicate below Bidder's type of organization and provide the required documentation as applicable to demonstrate that the executor of Bidder's Bid 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 [n Corporation President, Vice President, or Chief Executive Officer None a Corporation Director, Manager, or other title Corporate resolution a Limited Liability Company (LLC) - Member-Managed Member Articles of Organization or Operating Agreement a Limited Liability Company (LLC) - Manager-Managed Manager Articles of Organization or Operating Agreement a Limited Partnership General Partner Document demonstrating the legal authority to bind the Limited Partnership a Partnership Partner None CEO, Director, Manager or other title Authorizing documentation a Individual Individual None [] Documentation is not required. ITB 2017 -047 Bulk Gasoline and Diesel Fuel Page i 24 Bid 201 7-047 Form 2 Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notiTied 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 submitaBidonaBidderwitha blic fortheconstructionor ofa blicbuild' 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 [$35,000.001 for a period of thirty- six (36) months from the date of being placed on the convicted Bidders list. Acknowledged by: Petroleum Traders Corporation 4/25/2017 Date Linda Stephen5, Vice PresidentPrinted Name and Title ITB 2017 -047 Bulk Gasoline and Diesel Fuel Page i 25 Bid 2017-047 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 rams. Whenever two or more bids which are ual with to a 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 orcontractual 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. Petroleum Traders Firm Name Sig 4/25/17 Date Linda Stephens, Vice President Printed Name and Title ITB 2017-047 Bulk Gasoline and Diesel Fuel Page i 26 Bid 2017 -047 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 a em or a s of a 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 3udgment 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: [x 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. 0 The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 412, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: Petroleum Traders Corporation Sig-nafure 4/25/2017 Date Linda Stephens, Vice President 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. N/A ITB 2017 -047 Bulk Gasoline and Diesel Fuel Page 127 Bid 201 7-047 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 Addendum #al March 24, 2017 Addendum #2 March 30, 2017 Addendum #3 April 112017 Addendum #4 April 18, 2017 Petroleiim Traders Corporafion -// U Signature 4/25/2017 Date Linda Stephens, Vice President Printed Name and Title ITB 2017-047 Bulk Gasoline and Diesel Fuel Page i 28 Bid 2C11 7-047 Form 7 - Byrd Anti -Lobbying Amendment By signing below, Bidder confirms that it 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 obtaining any Federal contract, grant q any other award covered 31 u.s.c. 1352 Printed NWme and Title Date 4/25/2017 Linda Stephens, Vice President Printed Firm Name Petroleum Traders Corporation ITB 2017-047 Bulk Gasoline and Diesel Fuel Page i 31 Bid 201 7-047 Form 8 - Debarment and Suspension By signing below, Bidder confirms that it is not listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that tmplement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 'l 989 Comp., p. 235), "Debarment and Suspension." Signature 7 ("l Printed Name and Title Date 4/25/2017 Linda Stephens, Vice President Printed Firm Name Petroleum Traders Corporation ITB 2017 -047 Bulk Gasoline and Diesel Fuel Page l 32 Bid 201 7-047 Form 9 - Scrutinized Company Certification ITB No. 2017 -047 Bulk Gasoline and Diesel Fuel This certification is required pursuant to Florida State Statute Section 287.135. As of July 1, 2011, a company that, at the time of bidding or subma a a for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more. Companies must complete and return this form with its Bid. Company. Petroleum Traders Corporation FID or EIN No. 351462227 Address. 7120 Pointe Inventerness Way Fort Wayne City. Indiana State. 46804 Zip. 1, Linda Stephens , as a representative of Petroleum Traders Corporation Cer!!fV and affirm that this company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Linda Stephens Printed Name Vice President Title 4/25/2017 Date ITB 2017 -047 Bulk Gasoline and Diesel Fuel Page i 33 Bid 2017 -047 Form 6 - Schedule of Pricing Bidder Name: Petroleum Traders Corporation A. PRICE: Bidder must submit pricing per the requirements and specification detailed in this ITB. Pricing submitted shall be a surcharge over the DTN FastRacks Average Price for each product at the time of delivery and shall include split loads. No other charges outside of the Fee Schedule shall be permitted. NOTE: Only pricing submitted under Other Charges and Bid Item Nos. 1, 2, 8, and 9 will be utilized during the evaluation of bids. a. Fee Schedule i. Transport Truck Delivery ITEfVl DESCRIPTION SURCHARGE AMOUNT 1 Gasoline 405 -220 -930 -7800 Gasoline E1 0, Unleaded, 87 0ctane $ -0.0096 per gallon 2 Diesel 4405 -120 -260 -1030 Ultra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass % sulfur, minimum cetane index of 40)$ +0.01.31 pergallon ii. Tank Wagon Delivery ITEM DESCRIPTION SURCHARGE AMOUNT 8 Gasoline 405-220-930-7800 Gasoline E1 0, Unleaded, 87 0ctane $ +0.125 per gallon 9 Diesel 4405 -120 -260 -1030 Ultra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass % sulfur, minimum cetane index of 40)$ +0,125 per gallon ITB 2017-047 Bulk Gasoline and Diesel Fuel Page i 29 Bid 201 7-047 iii. Other Charges (if applicable) Deliverv fees. oumo off charaes. etc. ITEM DESCRIPTION UNIT PRICE UNIT OF MEASURE 15 16 17 18 N/A $ $ $ _s,__, I 19 7 20 J #_ 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? [x Yes g No D. BIDINFORMATIONWASOBTAINEDFROM: [X BidSync [1 Newspaper Ad [I City Hall 0 City Website 0 0ther (specify) ITB 2017 -047 Bulk Gasoline and Diesel Fuel Page I 30 PETRTRA -01 RENEER DATE (MMIDD/YYYY) 5/24/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENT ATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODLICER Lupke Rice Insurance & Financial Services 127 W. Berry Street, 8te 500Fort Wayne, IN 48802 INSuRED Petroleum Traders Corporation 7120 Pointe Inverness Way Fort Wayne, IN 48804 :2pTE6cT Renee Riles PHON IAIC, IPo, Extl : ' 9' 8 I rW, No): IE-MA ADDF LESS, rriles@lupkerice.com INSuRERiS) AFFORDING COVERAGE NAIC# rhsupepa:HDI-Gerlfng America Insurance Co.41343 1H3l1p5R B, Certain Underwriters at Lloyd's ixsupeqc :The North River Insurance Company 21105 INSuRER D : INSuRER E : INSURER F : COVERAGES I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHST ANDING ANY REQulREMENT, 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. INSFI LTR TYPE OF INSuRANCE ADDL INSD SUEIFI WVD I POLICY NuMBER lMMWr/');o ll(r /Y)LIMITS A I xiiCOMMERCIAL GENERAL LIABILITY ]CkAlMS-MADE [U] OCCuR I 15 06/01/2016 06/01/2017 EACH OCCuRRENCE l$ 2,000,000DAMAGE TO RENTED PREMISES (Ea occurrence) I s too,ooo MED EXP (Aiiy one petson)$ Excluded PERSONAL & ADV INJuRY s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER FeoPOrhLl=C; a ff:8T € LOC , GENERAL AGGREGATE s 2,000,000 PRODIICTS-COMP/OP AGG s 2,000,000 POLLUTION LIAB $ Included A ALLOWNED SCHEDULED I AUTOS M AtlTOS IM NON-OWNED I HIRED AuTOS 1_J AuTOS ALITOMOBILE LIABILITY X ANY AuTO I I I I EAGCDOOO194115 106/01/2016 I 06/01/2017 COMBINED SINGLE LIMIT (Ea accident)s 2,000,000 BODILY INJuRY (Per petson)s BODILY INJURY (Per accidenf)$ PROPERTY DAMAGE lPer accidenk'l $ $ I A x :B:,EL:_:IAB In OCCuR CI.AIMS-MADE I EXAGDOOO194115 06/01/2016 :06/01/2017 EACH OCCURRENCE s 3,000,000 AGGREGATE s 3,000,000 DE[) I X I RETENTION $ o $ -I WORKERS COMPENSATION AND EMPLOYERSa LIABILITY Y , N OFFICER/MEMBER EXCLUDE€? [N I(MandatorylnNH) i ITyes, descnbe under iDESCRIPTION OF OPERATIONS below i ANY PROPRIETOR/PARTNERjEXECuTIVE NIA IEWGCDOOO194115 06/01/2016 06/01/2017 X I SB'nlTE I I \R"- E.L EACH ACCIDENT s t,ooo,ooo E L DISEASE - EA EMPLOYEE s t,ooo,ooo E L DISEASE - POLICY LIMIT $ "i,ooo,ooo Bl:m;;;c:: ::;:: I I ITBD TBD :O::::I06/01/2017 06/01/2017 INSURERB 5,000,000 INSURERC 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, Addltional Remarks Schedule, may be attached If more space is requlred) CERTIFICATE HOLDER CERTIFICATE NUMBER:REVISION NUMBER: CANCELLATION INFORNIATION PURPOSES ONLY I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOnCE WILL BE DELIVERED IN ACCOROANCE WITH THE POLICY PROVISIONS. AuTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (201 4/01 )The ACORD name and logo are registered marks of ACORD Addendum No. 1 ITB No.2017-047 Bulk Gasoline and Diesel Fuel Page 1 of 3 CITY OF DELRAY BEACH 100 N.W. 1st AVENUE, DELRAY BEACH, FL 33444 Solicitation Addendum Addendum No.: 1 Solicitation No.: 2017-047 Project No.: N/A Solicitation Title: Bulk Gasoline and Diesel Fuel Addendum Date: March 24, 2017 Purchasing Contact: Ryan Lingholm THE FOLLOWING ITEMS ARE MADE AND HEREBY BECOME A PART OF THIS SOLICITATION: ADD: APPENDIX B, INVOICES AND BILL OF LADING Appendix B, Invoices and Bill of Lading is added per this Addendum No. 1. CHANGE TO: CONFIRMATION OF RECEIPT OF BID, TITLE Purchase and Delivery of Bulk Gasoline and Diesel Fuel Bulk Gasoline and Diesel Fuel CHANGE TO: CONTENTS Appendix A – Sample Agreement Appendix B – Invoices and Bill of Lading Addendum No. 1 ITB No.2017-047 Bulk Gasoline and Diesel Fuel Page 2 of 3 CHANGE TO: SECTION 1, ITEM 4 TERM OF AGREEMENT The Agreement, a sample of which is made part of this ITB as Appendix A, will be in full force and effect upon full execution by the City of Delray Beach. The term of the Agreement shall be for a three-year period from April 1, 2017 June 7, 2017 through March 31, 2020 June 6, 2020 with one, two-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. CHANGE TO: APPENDIX A, ARTICLE 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 1, 2017 June 7, 2017 through March 31, 2020 June 6, 2020 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. QUESTIONS AND RESPONSES: Q1. Please provide current copies of invoices and bill of ladings for each product. R1. Refer to Appendix B, Invoices and Bill of Lading added per this Addendum No. 1. Q2. Will you accept up to 5% bio in your diesel? R2. No, the City will not accept up to 5% bio in the delivered diesel fuel. Q3. Which terminal is the pricing to come from? There are many terminals on the State of Florida Dept. of Management Services website. R3. Terminal No. 6, Miami, shall be used as the primary DTN FastRacks Average Price. In the event of force majeure, the next available terminal which is closest in proximity shall be utilized to determine the temporary DTN FastRacks Average Price. Q4. Which sites will receive transport deliveries? R4. Section 3, Item 5 Delivery Locations and Storage Tank Capacities details each location’s storage tank capacities. Typically, transport deliveries are received by the Police Department and Public Works. Addendum No. 1 ITB No.2017-047 Bulk Gasoline and Diesel Fuel Page 3 of 3 Q5. Which sites will receive tank wagon deliveries? R5. Section 3, Item 5 Delivery Locations and Storage Tank Capacities details each location’s storage tank capacities. Typically, tank wagon deliveries are received by Fire Station No. 113. Q6. How often will the City split loads between more than one site? R6. Split loads between more than one site will be requested on a rare occasion. Q7. Is there a fee associated with submitting the bid through BidSync? If so, what is that fee? R7. Questions regarding BidSync should be directed to BidSync’s Supplier Support team at (800) 990-9339 or linksplus@bidsync.com. Q8. Who is your current vendor? R8. The City’s current fuel contract is with Mansfield Oil Company of Gainesville, Inc. through the State of Florida’s Contract # 405-000-10-1. The State contract and its associated documents can be found online at http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_inf ormation/state_contracts_and_agreements/state_term_contracts/bulk_fuel_gasol ine_and_diesel. Q9. On the schedule of pricing, what “other fuel type” products is the City looking for? R9. The City has specified the specific types of fuel required. Additionally, a table has been provided to Bidders to allow additional fuel types to be quoted at the Bidders discretion. Q10. What are your payment terms? Ex. Net 15 days, 30 days, etc. R10. The City’s payment terms are Net 30 days. 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 ITB. End of Addendum 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 Respondent’s response. ***** PLEASE PAY ***** ***** FROM THIS ***** ***** ORIGINAL ***** ***** INVOICE ***** INVOICE # 45933 SHIP TO: REMIT TO: CITY OF DELRAY BEACH MANSFIELD OIL COMPANY DELRAY BEACH FIRE STATION #3 PO BOX 638544 651 WEST LINTON BLVD CINCINNATI, OH 45263-8544 DELRAY BEACH, FL 33444-8149 FEIN 58-1091383 ACCOUNT # 28979-01-45933 ORDER # REQUIRED BILL TO: CITY OF DELRAY BEACH 100 NW, 1ST AVENUE ------------ CONTROL # ----------- 45933 DELRAY BEACH, FL 33444-2612 TERMS: SHIP VIA: TERMINAL: REL # DEL DATE INV DATE -------------- --------------- --------------- ------- ---------- ---------- Net 30 ON-SITE FUEL PT EVERGLADE,FL 668-401 12/28/2016 01/03/2017 B/L NO DESCRIPTION GROSS NET PRICE AMOUNT -------- ----------------------------- ---------- ---------- --------- ------------- 1291029 ULSD CLEAR 12:00 752 752 1.782800 1,340.67 DIESEL FREIGHT 752 .098500 74.07 FED EXC LUST GOVT TA .001000 .75 FL LOCAL OPTION TAX .144000 108.29 FL MTR FUEL TAX - D .173000 130.10 FL POLLUTION TAX .020714 15.58 FED ENV REC FEE .001902 1.43 ============== DUE DATE 2/02/2017 AMOUNT DUE $1,670.89 FUEL SOLD AT A TAX-EXCLUDED PRICE. WE CERTIFY THAT THE DIESEL FUEL DOES NOT CONTAIN VISIBLE EVIDENCE OF DYE. Appendix B, Invoices and Bill of Lading ***** PLEASE PAY ***** ***** FROM THIS ***** ***** ORIGINAL ***** ***** INVOICE ***** INVOICE # 150863 SHIP TO: REMIT TO: DELRAY BEACH PUBLIC WORKS MANSFIELD OIL COMPANY 434 SOUTH SWINTON AVENUE PO BOX 638544 CINCINNATI, OH 45263-8544 DELRAY BEACH, FL 33444 FEIN 58-1091383 ACCOUNT # 28979-02-150863 ORDER # RICHARD BILL TO: CITY OF DELRAY BEACH 100 NW, 1ST AVENUE ------------ CONTROL # ----------- 150863 DELRAY BEACH, FL 33444-2612 TERMS: SHIP VIA: TERMINAL: REL # DEL DATE INV DATE -------------- --------------- --------------- ------- ---------- ---------- Net 30 SUN FUELS INC PT EVERGLADE,FL 751-403 02/17/2017 02/21/2017 B/L NO DESCRIPTION GROSS NET PRICE AMOUNT -------- ----------------------------- ---------- ---------- --------- ------------- 641133 ULSD CLEAR 14:20 2998 2966 1.749500 5,189.02 DIESEL FREIGHT 2998 .098500 295.30 FED EXC LUST GOVT TA .001000 2.97 FL LOCAL OPTION TAX .144000 427.10 FL MTR FUEL TAX - D .174000 516.08 FL POLLUTION TAX .020714 61.44 FED ENV REC FEE .002141 6.35 ============== DUE DATE 3/23/2017 AMOUNT DUE $6,498.26 FUEL SOLD AT A TAX-EXCLUDED PRICE. WE CERTIFY THAT THE DIESEL FUEL DOES NOT CONTAIN VISIBLE EVIDENCE OF DYE. Appendix B, Invoices and Bill of Lading ***** PLEASE PAY ***** ***** FROM THIS ***** ***** ORIGINAL ***** ***** INVOICE ***** INVOICE # 150864 SHIP TO: REMIT TO: DELRAY BEACH PUBLIC WORKS MANSFIELD OIL COMPANY 434 SOUTH SWINTON AVENUE PO BOX 638544 CINCINNATI, OH 45263-8544 DELRAY BEACH, FL 33444 FEIN 58-1091383 ACCOUNT # 28979-02-150864 ORDER # RICHARD BILL TO: CITY OF DELRAY BEACH 100 NW, 1ST AVENUE ------------ CONTROL # ----------- 150864 DELRAY BEACH, FL 33444-2612 TERMS: SHIP VIA: TERMINAL: REL # DEL DATE INV DATE -------------- --------------- --------------- ------- ---------- ---------- Net 30 SUN FUELS INC PT EVERGLADE,FL 751-403 02/17/2017 02/21/2017 B/L NO DESCRIPTION GROSS NET PRICE AMOUNT -------- ----------------------------- ---------- ---------- --------- ------------- 952145 87 UNL W/10%ETH 13:58 5002 4952 1.600100 7,923.70 GASOLINE FREIGHT 5002 .098500 492.70 PALM BEACH CO GAS TX .194000 960.69 FED EXC LUST GOVT TA .001000 4.95 FL INSPECTION FEE .001250 6.19 FL MTR FUEL TAX .174000 861.65 FL POLLUTION TAX .020714 102.58 FED ENV REC FEE .001926 9.54 ============== DUE DATE 3/23/2017 AMOUNT DUE $10,362.00 Appendix B, Invoices and Bill of Lading ***** PLEASE PAY ***** ***** FROM THIS ***** ***** ORIGINAL ***** ***** INVOICE ***** INVOICE # 150952 SHIP TO: REMIT TO: DELRAY BEACH POLICE DEPARTMENT MANSFIELD OIL COMPANY 300 WEST ATLANTIC AVENUE PO BOX 638544 CINCINNATI, OH 45263-8544 DELRAY BEACH, FL 33444-3666 FEIN 58-1091383 ACCOUNT # 28979-03-150952 ORDER # TBD BILL TO: CITY OF DELRAY BEACH 100 NW, 1ST AVENUE ------------ CONTROL # ----------- 150952 DELRAY BEACH, FL 33444-2612 TERMS: SHIP VIA: TERMINAL: REL # DEL DATE INV DATE -------------- --------------- --------------- ------- ---------- ---------- Net 30 SUN FUELS INC PT EVERGLADE,FL 747-716 02/18/2017 02/21/2017 B/L NO DESCRIPTION GROSS NET PRICE AMOUNT -------- ----------------------------- ---------- ---------- --------- ------------- 952256 87 UNL W/10%ETH 09:21 8006 7929 1.759100 13,947.90 GASOLINE FREIGHT 8006 .098500 788.59 PALM BEACH CO GAS TX .194000 1,538.23 FED EXC LUST GOVT TA .001000 7.93 FL INSPECTION FEE .001250 9.91 FL MTR FUEL TAX .174000 1,379.65 FL POLLUTION TAX .020714 164.24 FED ENV REC FEE .001926 15.27 ============== DUE DATE 3/23/2017 AMOUNT DUE $17,851.72 FRIDAY Appendix B, Invoices and Bill of Lading ***** PLEASE PAY ***** ***** FROM THIS ***** ***** ORIGINAL ***** ***** INVOICE ***** INVOICE # 122010 SHIP TO: REMIT TO: DELRAY BEACH POLICE DEPARTMENT MANSFIELD OIL COMPANY 300 WEST ATLANTIC AVENUE PO BOX 638544 CINCINNATI, OH 45263-8544 DELRAY BEACH, FL 33444-3666 FEIN 58-1091383 ACCOUNT # 28979-03-122010 ORDER # tbd BILL TO: CITY OF DELRAY BEACH 100 NW, 1ST AVENUE ------------ CONTROL # ----------- 122010 DELRAY BEACH, FL 33444-2612 TERMS: SHIP VIA: TERMINAL: REL # DEL DATE INV DATE -------------- --------------- --------------- ------- ---------- ---------- Net 30 SUN FUELS INC PT EVERGLADE,FL 725-066 02/02/2017 02/07/2017 B/L NO DESCRIPTION GROSS NET PRICE AMOUNT -------- ----------------------------- ---------- ---------- --------- ------------- 639081 87 UNL W/10%ETH 06:27 8004 7965 1.667500 13,281.64 GASOLINE FREIGHT 8004 .098500 788.39 PALM BEACH CO GAS TX .194000 1,545.21 FED EXC LUST GOVT TA .001000 7.97 FL INSPECTION FEE .001250 9.96 FL MTR FUEL TAX .174000 1,385.91 FL POLLUTION TAX .020714 164.99 FED ENV REC FEE .001926 15.34 ============== DUE DATE 3/09/2017 AMOUNT DUE $17,199.41 thursday Appendix B, Invoices and Bill of Lading ***** PLEASE PAY ***** ***** FROM THIS ***** ***** ORIGINAL ***** ***** INVOICE ***** INVOICE # 122011 SHIP TO: REMIT TO: DELRAY BEACH PUBLIC WORKS MANSFIELD OIL COMPANY 434 SOUTH SWINTON AVENUE PO BOX 638544 CINCINNATI, OH 45263-8544 DELRAY BEACH, FL 33444 FEIN 58-1091383 ACCOUNT # 28979-02-122011 ORDER # KEVIN BILL TO: CITY OF DELRAY BEACH 100 NW, 1ST AVENUE ------------ CONTROL # ----------- 122011 DELRAY BEACH, FL 33444-2612 TERMS: SHIP VIA: TERMINAL: REL # DEL DATE INV DATE -------------- --------------- --------------- ------- ---------- ---------- Net 30 SUN FUELS INC PT EVERGLADE,FL 726-782 02/02/2017 02/07/2017 B/L NO DESCRIPTION GROSS NET PRICE AMOUNT -------- ----------------------------- ---------- ---------- --------- ------------- 639087 ULSD CLEAR 07:11 2999 2983 1.777500 5,302.28 DIESEL FREIGHT 2999 .098500 295.40 FED EXC LUST GOVT TA .001000 2.98 FL LOCAL OPTION TAX .144000 429.55 FL MTR FUEL TAX - D .174000 519.04 FL POLLUTION TAX .020714 61.79 FED ENV REC FEE .002139 6.38 ============== DUE DATE 3/09/2017 AMOUNT DUE $6,617.42 FUEL SOLD AT A TAX-EXCLUDED PRICE. WE CERTIFY THAT THE DIESEL FUEL DOES NOT CONTAIN VISIBLE EVIDENCE OF DYE. Appendix B, Invoices and Bill of Lading ***** PLEASE PAY ***** ***** FROM THIS ***** ***** ORIGINAL ***** ***** INVOICE ***** INVOICE # 122013 SHIP TO: REMIT TO: DELRAY BEACH PUBLIC WORKS MANSFIELD OIL COMPANY 434 SOUTH SWINTON AVENUE PO BOX 638544 CINCINNATI, OH 45263-8544 DELRAY BEACH, FL 33444 FEIN 58-1091383 ACCOUNT # 28979-02-122013 ORDER # KEVIN BILL TO: CITY OF DELRAY BEACH 100 NW, 1ST AVENUE ------------ CONTROL # ----------- 122013 DELRAY BEACH, FL 33444-2612 TERMS: SHIP VIA: TERMINAL: REL # DEL DATE INV DATE -------------- --------------- --------------- ------- ---------- ---------- Net 30 SUN FUELS INC PT EVERGLADE,FL 726-782 02/02/2017 02/07/2017 B/L NO DESCRIPTION GROSS NET PRICE AMOUNT -------- ----------------------------- ---------- ---------- --------- ------------- 639087 87 UNL W/10%ETH 07:11 4993 4969 1.667500 8,285.81 GASOLINE FREIGHT 4993 .098500 491.81 PALM BEACH CO GAS TX .194000 963.99 FED EXC LUST GOVT TA .001000 4.97 FL INSPECTION FEE .001250 6.21 FL MTR FUEL TAX .174000 864.61 FL POLLUTION TAX .020714 102.93 FED ENV REC FEE .001926 9.57 ============== DUE DATE 3/09/2017 AMOUNT DUE $10,729.90 Appendix B, Invoices and Bill of Lading A p p e n d i x B , I n v o i c e s a n d B i l l o f L a d i n g Addendum No. 2 ITB No.2017-047 Bulk Gasoline and Diesel Fuel Page 1 of 3 CITY OF DELRAY BEACH 100 N.W. 1st AVENUE, DELRAY BEACH, FL 33444 Solicitation Addendum Addendum No.: 2 Solicitation No.: 2017-047 Project No.: N/A Solicitation Title: Bulk Gasoline and Diesel Fuel Addendum Date: March 30, 2017 Purchasing Contact: Ryan Lingholm THE FOLLOWING ITEMS ARE MADE AND HEREBY BECOME A PART OF THIS SOLICITATION: CHANGE TO: APPENDIX A, ARTICLE 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 June 7, 2017 through June 6, 2020 with three one-year options one two-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. QUESTIONS AND RESPONSES: Q1. Do you consider common carriers to be subcontractors? R1. If a common carrier is to perform work for the Contractor pursuant to an Agreement between City and Contractor but as a separate business, then a common carrier will be considered a subcontractor. Addendum No. 2 ITB No.2017-047 Bulk Gasoline and Diesel Fuel Page 2 of 3 Q2. The City’s current contract has freight listed as a separate line item. Do you want vendors to bid freight as a separate firm margin, or include freight in our markup? R2. Bidders may include freight as a separate line item if indicated as such on Form 6, Item (A)(a)(iii) Other Charges. No other charges outside of the Fee Schedule shall be permitted. Q3. Will the bid award be split by product or awarded all to one bidder? R3. The City prefers to enter into a contract with one Bidder. However, the City reserves the right to accepts Bids that in its judgment will be for the best interest of the City. Q4. Will you split the award by tank wagon and transport? R4. The City prefers to enter into a contract with one Bidder. However, the City reserves the right to accepts Bids that in its judgment will be for the best interest of the City. Q5. Will the bid be awarded per location? R5. The City is asking for consistent pricing throughout all its locations. Therefore, the bid is not anticipated to be awarded by location. Q6. Are the extensions mutually agreed upon? R6. Yes, agreement renewals and extensions are subject to mutual acceptance by City and Contractor. Q7. What are the delivery hours? R7. The delivery hours are from 8:00AM to 3:00PM, Monday through Friday. Deliveries on Saturdays, Sundays and after hours shall only be made during an emergency situation, as declared by the City. Q8. Can or will deliveries be split between locations? R8. Yes, deliveries split between locations will be a required option offered to the City. Per Addendum No. 1, an order for such delivery will be requested on a rare occasion. Q9. Will a firm fixed price be considered? If not, why? R9. No, the City will not consider a firm, fixed price. This is due to the inconsistency of fuel costs. Q10. If we were to insert any conditions into our alternate firm fixed bid, would they be taken into consideration or rejected? R10. Bids submitted with modified terms and conditions or altered forms may not be considered for award. Q11. Can a transport truck fit into the water treatment plant and the utility maintenance department? R11. No. These tanks are above ground and will require delivery by tank wagon only. Addendum No. 2 ITB No.2017-047 Bulk Gasoline and Diesel Fuel Page 3 of 3 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 ITB. End of Addendum 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 Respondent’s response. Addendum No. 3 ITB No.2017-047 Bulk Gasoline and Diesel Fuel Page 1 of 2 CITY OF DELRAY BEACH 100 N.W. 1st AVENUE, DELRAY BEACH, FL 33444 Solicitation Addendum Addendum No.: 3 Solicitation No.: 2017-047 Project No.: N/A Solicitation Title: Bulk Gasoline and Diesel Fuel Addendum Date: April 11, 2017 Purchasing Contact: Ryan Lingholm THE FOLLOWING ITEMS ARE MADE AND HEREBY BECOME A PART OF THIS SOLICITATION: QUESTIONS AND RESPONSES: Q1. What payment method will be used? R1. The method of payment for this contract will be determined by the City and Successful Bidder once the contract has been awarded. Q2. Who are the incumbent suppliers? R2. Refer to Addendum No. 1, Response No. 8. Q3. Will you accept alternate pricing methodologies (OPIS, PLATTS, etc.)? R3. No, the City will not accept alternate pricing methodologies, such as OPIS or PLATTS. Q4. What are the minimum gallons for a tank wagon and for a transport truck? R4. The minimum number of gallons of fuel per delivery is defined in Section 3, Items 2(ii) and 2(iii). Q5. Will pricing be based off of Ft. Lauderdale? R5. Refer to Addendum No. 1, Response No. 3. Q6. Do you have a breakdown on how many gallons each delivery site receives of each product? R6. Refer to Appendix B, added per Addendum No. 1. Addendum No. 3 ITB No.2017-047 Bulk Gasoline and Diesel Fuel Page 2 of 2 Q7. Can you provide the last Bid Tabulation? R7. Refer to Addendum No. 1, Response No. 8. Q8. Can the Index to be priced against be Miami OPIS Daily Contract Average? R8. Refer to this Addendum No.1, Response No. 3. 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 ITB. End of Addendum 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 Respondent’s response. Addendum No. 4 ITB No.2017-047 Bulk Gasoline and Diesel Fuel Page 1 of 1 CITY OF DELRAY BEACH 100 N.W. 1st AVENUE, DELRAY BEACH, FL 33444 Solicitation Addendum Addendum No.: 4 Solicitation No.: 2017-047 Project No.: N/A Solicitation Title: Bulk Gasoline and Diesel Fuel Addendum Date: April 18, 2017 Purchasing Contact: Ryan Lingholm THE FOLLOWING ITEMS ARE MADE AND HEREBY BECOME A PART OF THIS SOLICITATION: QUESTIONS AND RESPONSES: Q1. Is there a sample of the DTN FastRacks Report available? R1. Yes, refer to Exhibit A of this Addendum No. 4. Note that this report is sent daily by Schneider Electric, the company who creates the report. Suppliers can sign up to receive this report by emailing racks@dtn.com. 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 ITB. End of Addendum 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 Respondent’s response. Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 1 Schneider Electric FastRacks DPD1 6960 RCK-2478 04-14-17 START MSG PADD1 0049 Bainbridge, GA 04/14/2017 07:01:09 CT dtnFastRacks(tm) LS & ULS Diesel GROSS W/O SF City Term Ex ULS #2 Move C Date Valero U BnbrMotiva 1.6819 - .0025 Y 04/13 TPSI U BnbrTPSI 1.6860 - .0020 Y 04/13 Murphy U BnbrTPSI 1.6887 - .0015 Y 04/13 Marathon U BnbrMotiva 1.6975 .0125 Y 04/13 Citgo B BnbrTPSI 1.7055 - .0015 Y 04/13 Citgo B BnbrMotiva 1.7055 - .0015 Y 04/13 Valero B BnbrMotiva 1.7102 .0075 Y 04/12 XOM B BnbrTPSI 1.7099 .0014 Y 04/13 XOM B BnbrMotiva 1.7099 .0014 Y 04/13 BP Oil B BnbrTPSI 1.7157 - .0006 Y 04/13 Marathon B BnbrTPSI 1.7197 .0126 Y 04/13 Chevron B BnbrTPSI 1.7210 - .0020 Y 04/13 Chevron B BnbrMotiva 1.7210 - .0020 Y 04/13 Texaco B BnbrMotiva 1.7210 - .0020 Y 04/13 Sunoco B BnbrTPSI 1.7305 - .0017 Y 04/13 Gulf Oil B BnbrTPSI 1.7330 - .0020 Y 04/13 Gulf-GIE U BnbrTPSI 1.7330 - .0020 Y 04/13 FlintHillU BnbrMotiva 1.7375 .0040 Y 04/12 AVERAGE 1.7126 LOW 1.6819 HIGH 1.7375 BRD AVERAGE 1.7169 UNB AVERAGE 1.7041 BRD LOW 1.7055 BRD HIGH 1.7330 UNB LOW 1.6819 UNB HIGH 1.7375 CONTRACT AVG 04/14/2017 1.7130 THUR/PUB/AVG 04/13/2017 1.7126 PADD1 0049 Bainbridge, GA 04/14/2017 07:01:09 CT dtnFastRacks(tm) LS & ULS Dyed Diesel GROSS W/O SF City Term Ex ULS2DY Move C Date Valero U BnbrMotiva 1.6869 - .0025 Y 04/13 TPSI U BnbrTPSI 1.6910 - .0020 Y 04/13 Murphy U BnbrTPSI 1.6932 - .0015 Y 04/13 Marathon U BnbrMotiva 1.7025 .0125 Y 04/13 Citgo B BnbrTPSI 1.7095 - .0015 Y 04/13 Citgo B BnbrMotiva 1.7095 - .0015 Y 04/13 Valero B BnbrMotiva 1.7152 .0075 Y 04/12 BP Oil B BnbrTPSI 1.7207 - .0006 Y 04/13 Marathon B BnbrTPSI 1.7247 .0126 Y 04/13 Gulf Oil B BnbrTPSI 1.7380 - .0020 Y 04/13 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 2 Gulf-GIE U BnbrTPSI 1.7380 - .0020 Y 04/13 FlintHillU BnbrMotiva 1.7450 .0040 Y 04/12 AVERAGE 1.7145 LOW 1.6869 HIGH 1.7450 BRD AVERAGE 1.7196 UNB AVERAGE 1.7094 BRD LOW 1.7095 BRD HIGH 1.7380 UNB LOW 1.6869 UNB HIGH 1.7450 CONTRACT AVG 04/14/2017 1.7147 THUR/PUB/AVG 04/13/2017 1.7137 PADD1 0049 Bainbridge, GA 04/14/2017 07:01:09 CT dtnFastRacks(tm) Renewable Diesel GROSS W/O SF City Term Ex U2R5B5 Move 2R5B5D C Date Motiva U BnbrMotiva 1.6899 .0060 1.6949 Y 04/13 Motiva B BnbrMotiva 1.7070 .0061 ----- Y 04/13 AVERAGE 1.6985 1.6949 LOW 1.6899 1.6949 HIGH 1.7070 1.6949 BRD AVERAGE 1.7070 UNB AVERAGE 1.6899 1.6949 BRD LOW 1.7070 BRD HIGH 1.7070 UNB LOW 1.6899 1.6949 UNB HIGH 1.6899 1.6949 CONTRACT AVG 04/14/2017 1.6985 1.6949 THUR/PUB/AVG 04/13/2017 1.6924 1.6889 PADD1 0049 Bainbridge, GA 04/14/2017 07:01:09 CT dtnFastRacks(tm) Clear 10% Ethanol Oxy Gas GROSS W/O SF City Term Ex U87E10 Move M89E10 P93E10 C Date Marathon U BnbrMotiva 1.6620 - .0015 1.8287 2.1620 Y 04/13 TPSI U BnbrTPSI 1.6634 - .0109 1.8551 2.2425 Y 04/13 FlintHillU BnbrMotiva 1.6665 - .0125 1.8165 2.1465 Y 04/12 Valero U BnbrMotiva 1.6669 - .0060 1.8269 2.1469 Y 04/13 Motiva U BnbrMotiva 1.6769 - .0060 1.8569 2.2419 Y 04/13 Murphy U BnbrTPSI 1.6935 - .0012 1.9035 2.1435 Y 04/13 Valero B BnbrMotiva 1.6986 - .0050 1.8386 2.2286 Y 04/13 Marathon B BnbrTPSI 1.6995 - .0030 1.8644 2.1944 Y 04/13 Marathon B BnbrMotiva 1.6995 - .0030 1.8644 2.1944 Y 04/13 Gulf Oil B BnbrTPSI 1.7000 - .0050 1.8400 2.2300 Y 04/13 Citgo B BnbrTPSI 1.7015 - .0017 1.8298 2.2217 Y 04/13 Citgo B BnbrMotiva 1.7015 - .0017 1.8298 2.2217 Y 04/13 Sunoco B BnbrTPSI 1.7024 - .0028 1.8124 2.2810 Y 04/13 Gulf-GIE U BnbrTPSI 1.7025 - .0060 1.9770 2.2710 Y 04/13 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 3 Chevron B BnbrTPSI 1.7050 - .0050 1.8640 2.2810 Y 04/13 Chevron B BnbrMotiva 1.7050 - .0050 1.8640 2.2810 Y 04/13 Texaco B BnbrMotiva 1.7050 - .0050 1.8640 2.2810 Y 04/13 BP Oil B BnbrTPSI 1.7059 - .0023 1.8829 2.2859 Y 04/13 XOM B BnbrTPSI 1.7041 - .0055 1.8716 2.2791 Y 04/13 XOM B BnbrMotiva 1.7041 - .0055 1.8716 2.2791 Y 04/13 Motiva B BnbrMotiva 1.7084 - .0040 1.8906 2.2906 Y 04/13 AVERAGE 1.6939 1.8597 2.2335 LOW 1.6620 1.8124 2.1435 HIGH 1.7084 1.9770 2.2906 BRD AVERAGE 1.7029 1.8563 2.2535 UNB AVERAGE 1.6760 1.8664 2.1935 BRD LOW 1.6986 1.8124 2.1944 BRD HIGH 1.7084 1.8906 2.2906 UNB LOW 1.6620 1.8165 2.1435 UNB HIGH 1.7025 1.9770 2.2710 CONTRACT AVG 04/14/2017 1.6942 1.8599 2.2338 THUR/PUB/AVG 04/13/2017 1.6983 1.8641 2.2379 PADD1 0049 Bainbridge, GA 04/14/2017 07:01:09 CT dtnFastRacks(tm) Ethanol & Flexible Fuels GROSS W/O SF City Term Ex Flx85% Move C Date TPSI U BnbrTPSI 1.7664 - .0062 Y 04/13 AVERAGE 1.7664 LOW 1.7664 HIGH 1.7664 UNB AVERAGE 1.7664 UNB LOW 1.7664 UNB HIGH 1.7664 CONTRACT AVG 04/14/2017 1.7664 THUR/PUB/AVG 04/13/2017 1.7726 PADD1 0043 Pensacola, FL 04/14/2017 07:01:09 CT dtnFastRacks(tm) LS & ULS Diesel GROSS W/O SF City Term Ex ULS #2 Move C Date Motiva U PnscTPSI W 1.7020 - .0015 Y 04/13 Motiva B PnscTPSI W 1.7192 - .0015 Y 04/13 BP Oil B PnscTPSI W 1.7284 .0011 Y 04/13 Citgo B PnscTPSI W 1.7353 - .0015 Y 04/13 Marathon B PnscTPSI W 1.7384 - .0015 Y 04/13 AVERAGE 1.7247 LOW 1.7020 HIGH 1.7384 BRD AVERAGE 1.7303 UNB AVERAGE 1.7020 BRD LOW 1.7192 BRD HIGH 1.7384 UNB LOW 1.7020 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 4 UNB HIGH 1.7020 CONTRACT AVG 04/14/2017 1.7247 THUR/PUB/AVG 04/13/2017 1.7256 PADD1 0043 Pensacola, FL 04/14/2017 07:01:09 CT dtnFastRacks(tm) LS & ULS Dyed Diesel GROSS W/O SF City Term Ex ULS2DY Move C Date Motiva U PnscTPSI W 1.7070 - .0015 Y 04/13 Marathon B PnscTPSI W 1.7434 - .0015 Y 04/13 AVERAGE 1.7252 LOW 1.7070 HIGH 1.7434 BRD AVERAGE 1.7434 UNB AVERAGE 1.7070 BRD LOW 1.7434 BRD HIGH 1.7434 UNB LOW 1.7070 UNB HIGH 1.7070 CONTRACT AVG 04/14/2017 1.7252 THUR/PUB/AVG 04/13/2017 1.7267 PADD1 0043 Pensacola, FL 04/14/2017 07:01:09 CT dtnFastRacks(tm) Clear 10% Ethanol Oxy Gas GROSS W/O SF City Term Ex U87E10 Move M89E10 P93E10 C Date Motiva U PnscTPSI W 1.6895 - .0060 1.8295 2.1895 Y 04/13 Citgo B PnscTPSI W 1.7222 - .0067 1.8636 2.1869 Y 04/13 Marathon B PnscTPSI W 1.7222 - .0081 1.8737 2.1768 Y 04/13 BP Oil B PnscTPSI W 1.7225 - .0045 1.8765 2.2405 Y 04/13 Motiva B PnscTPSI W 1.7290 - .0031 1.8809 2.2455 Y 04/13 AVERAGE 1.7171 1.8648 2.2078 LOW 1.6895 1.8295 2.1768 HIGH 1.7290 1.8809 2.2455 BRD AVERAGE 1.7240 1.8737 2.2124 UNB AVERAGE 1.6895 1.8295 2.1895 BRD LOW 1.7222 1.8636 2.1768 BRD HIGH 1.7290 1.8809 2.2455 UNB LOW 1.6895 1.8295 2.1895 UNB HIGH 1.6895 1.8295 2.1895 CONTRACT AVG 04/14/2017 1.7171 1.8648 2.2078 THUR/PUB/AVG 04/13/2017 1.7228 1.8705 2.2135 PADD1 0045 Tampa, FL 04/14/2017 07:01:09 CT dtnFastRacks(tm) LS & ULS Diesel GROSS W/O SF City Term Ex ULS #2 Move C Date Musket U MnteTPSI 1.7061 - .0016 Y 04/13 Apex Oil U TmpaBuckey 1.7104 - .0050 Y 04/13 Apex Oil U TmpaKMEP 1.7104 - .0050 Y 04/13 Marathon U TmpaMarath 1.7145 - .0065 Y 04/13 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 5 Motiva U TmpaKMEP 1.7174 - .0025 Y 04/13 Huguenot U TmpaKMEP 1.7179 - .0030 Y 04/13 Valero U TmpaKMEP 1.7180 - .0004 Y 04/13 Motiva U TmpaMotiva 1.7240 - .0035 Y 04/13 FlintHillU TmpaChevro 1.7250 - .0015 Y 04/13 FlintHillU TmpaMarath 1.7250 - .0015 Y 04/13 Global U TmpaMotiva 1.7286 - .0025 Y 04/13 Motiva B TmpaKMEP 1.7347 - .0026 Y 04/13 Citgo B TmpaCitgo 1.7374 - .0025 Y 04/13 Citgo B TmpaMarath 1.7374 - .0025 Y 04/13 Marathon B TmpaMarath 1.7404 - .0066 Y 04/13 Valero B TmpaKMEP 1.7410 - .0060 Y 04/13 CoastalSuB TmpaMarath 1.7411 - .0018 Y 04/13 Sunoco B TmpaMarath 1.7411 - .0018 Y 04/13 Motiva B TmpaMotiva 1.7414 - .0035 Y 04/13 BP Oil B TmpaBuckey 1.7458 .0040 Y 04/12 BP Oil B TmpaKMEP 1.7458 .0040 Y 04/12 BP Oil B TmpaMarath 1.7458 .0040 Y 04/12 Gulf-GIE U TmpaTPSI 1.7465 - .0020 Y 04/13 TPSI U TmpaTPSI 1.7468 - .0030 Y 04/13 XOM B TmpaKMEP 1.7458 .0023 Y 04/13 XOM B TmpaMarath 1.7458 .0023 Y 04/13 XOM B TmpaMotiva 1.7458 .0023 Y 04/13 Chevron B TmpaChevro 1.7510 - .0020 Y 04/13 Texaco B TmpaChevro 1.7510 - .0020 Y 04/13 Gulf Oil B TmpaKMEP 1.7565 - .0020 Y 04/13 TPSI U MnteTPSI 1.7568 - .0030 Y 04/13 Gulf-GIE U MnteTPSI 1.7665 - .0020 Y 04/13 Gulf-GIE U TmpaKMEP 1.7965 - .0020 Y 04/13 AVERAGE 1.7381 LOW 1.7061 HIGH 1.7965 BRD AVERAGE 1.7440 UNB AVERAGE 1.7319 BRD LOW 1.7347 BRD HIGH 1.7565 UNB LOW 1.7061 UNB HIGH 1.7965 CONTRACT AVG 04/14/2017 1.7384 THUR/PUB/AVG 04/13/2017 1.7406 PADD1 0045 Tampa, FL 04/14/2017 07:01:09 CT dtnFastRacks(tm) LS & ULS Dyed Diesel GROSS W/O SF City Term Ex ULS2DY Move C Date Musket U MnteTPSI 1.7111 - .0016 Y 04/13 Marathon U TmpaMarath 1.7195 - .0065 Y 04/13 Apex Oil U TmpaBuckey 1.7179 - .0050 Y 04/13 Apex Oil U TmpaKMEP 1.7179 - .0050 Y 04/13 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 6 Motiva U TmpaKMEP 1.7224 - .0025 Y 04/13 Huguenot U TmpaKMEP 1.7229 - .0030 Y 04/13 Valero U TmpaKMEP 1.7230 - .0004 Y 04/13 Motiva U TmpaMotiva 1.7290 - .0035 Y 04/13 FlintHillU TmpaChevro 1.7325 - .0015 Y 04/13 FlintHillU TmpaMarath 1.7325 - .0015 Y 04/13 Global U TmpaMotiva 1.7336 - .0025 Y 04/13 Citgo B TmpaCitgo 1.7414 - .0025 Y 04/13 Citgo B TmpaMarath 1.7414 - .0025 Y 04/13 Marathon B TmpaMarath 1.7455 - .0065 Y 04/13 Valero B TmpaKMEP 1.7460 - .0060 Y 04/13 CoastalSuB TmpaMarath 1.7461 - .0018 Y 04/13 Sunoco B TmpaMarath 1.7461 - .0018 Y 04/13 BP Oil B TmpaBuckey 1.7508 .0040 Y 04/12 BP Oil B TmpaKMEP 1.7508 .0040 Y 04/12 BP Oil B TmpaMarath 1.7508 .0040 Y 04/12 Gulf-GIE U TmpaTPSI 1.7515 - .0020 Y 04/13 TPSI U TmpaTPSI 1.7518 - .0030 Y 04/13 Chevron B TmpaChevro 1.7560 - .0020 Y 04/13 Texaco B TmpaChevro 1.7560 - .0020 Y 04/13 Gulf Oil B TmpaKMEP 1.7615 - .0020 Y 04/13 Gulf-GIE U MnteTPSI 1.7715 - .0020 Y 04/13 Gulf-GIE U TmpaKMEP 1.8015 - .0020 Y 04/13 AVERAGE 1.7419 LOW 1.7111 HIGH 1.8015 BRD AVERAGE 1.7494 UNB AVERAGE 1.7359 BRD LOW 1.7414 BRD HIGH 1.7615 UNB LOW 1.7111 UNB HIGH 1.8015 CONTRACT AVG 04/14/2017 1.7420 THUR/PUB/AVG 04/13/2017 1.7446 PADD1 0045 Tampa, FL 04/14/2017 07:01:09 CT dtnFastRacks(tm) Gas & LRVP GROSS W/O SF City Term Ex Unl 87 Move Mid 89 Pre 90 C Date Murphy U TmpaMurphy 1.9451 - .0030 1.9901 2.0020 Y 04/13 TPSI U TmpaTPSI 2.0602 - .0186 ----- ----- Y 04/13 TPSI U MnteTPSI 2.1580 .0363 ----- ----- Y 04/13 BP Oil B TmpaBuckey ----- ----- 2.2136 ----- Y 04/13 Chevron U TmpaChevro ----- ----- 2.1600 ----- Y 04/13 Citgo B TmpaCitgo ----- ----- ----- 2.1357 Y 04/13 FlintHillU TmpaKMEP ----- ----- ----- 2.0770 Y 04/13 Huguenot U TmpaKMEP ----- ----- ----- 2.1971 Y 04/13 Marathon U TmpaMarath ----- ----- ----- 2.2260 Y 04/13 Marathon B TmpaMarath ----- ----- ----- 2.2586 Y 04/13 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 7 Motiva B TmpaMotiva ----- ----- 2.2572 ----- Y 04/13 Valero U TmpaKMEP ----- ----- ----- 2.1471 Y 04/13 Valero B TmpaKMEP ----- ----- ----- 2.1679 Y 04/13 AVERAGE 2.0544 2.1552 2.1514 LOW 1.9451 1.9901 2.0020 HIGH 2.1580 2.2572 2.2586 BRD AVERAGE 2.2354 2.1874 UNB AVERAGE 2.0544 2.0751 2.1298 BRD LOW 2.2136 2.1357 BRD HIGH 2.2572 2.2586 UNB LOW 1.9451 1.9901 2.0020 UNB HIGH 2.1580 2.1600 2.2260 CONTRACT AVG 04/14/2017 2.0551 2.1558 2.1517 THUR/PUB/AVG 04/13/2017 2.0502 2.1603 2.1567 PADD1 0045 Tampa, FL 04/14/2017 07:01:09 CT dtnFastRacks(tm) CBOB for blending with Et GROSS W/O SF City Term Ex 91CBOB Move C Date Murphy U TmpaMurphy 2.0020 - .0130 Y 04/13 AVERAGE 2.0020 LOW 2.0020 HIGH 2.0020 UNB AVERAGE 2.0020 UNB LOW 2.0020 UNB HIGH 2.0020 CONTRACT AVG 04/14/2017 2.0041 THUR/PUB/AVG 04/13/2017 2.0171 PADD1 0045 Tampa, FL 04/14/2017 07:01:09 CT dtnFastRacks(tm) Clear 10% Ethanol Oxy Gas GROSS W/O SF City Term Ex U87E10 Move M89E10 P93E10 P92E10 C Date Marathon U TmpaMarath 1.6785 - .0080 1.8285 2.1285 2.0535 Y 04/13 FlintHillU TmpaMarath 1.6860 - .0050 1.8360 2.0860 ----- Y 04/13 Huguenot U TmpaKMEP 1.6870 - .0075 1.8870 2.2744 ----- Y 04/13 Valero U TmpaKMEP 1.6871 - .0060 1.8871 2.1471 ----- Y 04/13 Motiva U TmpaKMEP 1.6895 - .0060 1.8795 2.2745 ----- Y 04/13 Motiva U TmpaMotiva 1.6895 - .0060 1.8795 2.2745 ----- Y 04/13 Mystik B TmpaCitgo 1.6908 - .0054 1.8474 2.1605 ----- Y 04/13 Mystik B TmpaMarath 1.6908 - .0054 1.8474 2.1605 ----- Y 04/13 FlintHillU TmpaChevro 1.6920 - .0050 1.8420 2.0920 ----- Y 04/13 BP Oil B TmpaBuckey 1.6936 - .0029 1.8616 2.2536 ----- Y 04/13 BP Oil B TmpaKMEP 1.6936 - .0029 1.8616 2.2536 ----- Y 04/13 BP Oil B TmpaMarath 1.6936 - .0029 1.8616 2.2536 ----- Y 04/13 Global U TmpaMotiva 1.6942 - .0060 1.8857 2.2807 ----- Y 04/13 Citgo B TmpaCitgo 1.6959 - .0053 1.8474 2.1807 ----- Y 04/13 Citgo B TmpaMarath 1.6959 - .0053 1.8474 2.1807 ----- Y 04/13 Valero B TmpaKMEP 1.6979 - .0050 1.8579 2.1979 ----- Y 04/13 Gulf Oil B TmpaKMEP 1.6985 - .0050 1.8525 2.2425 ----- Y 04/13 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 8 CoastalSuB TmpaMarath 1.6995 - .0036 1.8195 2.2300 ----- Y 04/13 Marathon B TmpaMarath 1.6995 - .0056 1.8611 2.1843 ----- Y 04/13 Sunoco B TmpaMarath 1.7020 - .0036 1.8220 2.2325 ----- Y 04/13 Chevron B TmpaChevro 1.7030 - .0050 1.8760 2.2580 ----- Y 04/13 Texaco B TmpaChevro 1.7030 - .0050 1.8760 2.2580 ----- Y 04/13 XOM B TmpaKMEP 1.7046 - .0045 1.8546 2.2596 ----- Y 04/13 XOM B TmpaMarath 1.7046 - .0045 1.8546 2.2596 ----- Y 04/13 XOM B TmpaMotiva 1.7046 - .0045 1.8546 2.2596 ----- Y 04/13 Citgo U TmpaCitgo 1.7067 - .0050 1.8582 2.1612 ----- Y 04/13 Citgo U TmpaMarath 1.7067 - .0050 1.8582 2.1612 ----- Y 04/13 TPSI U TmpaTPSI 1.7080 .0082 ----- 2.0577 ----- Y 04/13 Motiva B TmpaKMEP 1.7096 - .0131 1.8918 2.2716 ----- Y 04/12 Motiva B TmpaMotiva 1.7096 - .0131 1.8918 2.2716 ----- Y 04/12 Gulf-GIE U TmpaTPSI 1.7115 - .0060 1.9160 2.0310 ----- Y 04/13 FlintHillU TmpaKMEP 1.7120 - .0050 1.8620 2.1120 ----- Y 04/13 Gulf-GIE U TmpaKMEP 1.7125 - .0060 1.9170 2.1720 ----- Y 04/13 TPSI U MnteTPSI 1.7180 .0082 ----- 2.0677 ----- Y 04/13 Global U TmpaKMEP 1.7270@- .0079 ----- 2.2073@ ----- Y 04/14 Gulf-GIE U MnteTPSI 1.7725 - .0060 1.9820 2.2480 ----- Y 04/13 Buckeye U TmpaBuckey 1.8071 .0200 ----- ----- ----- Y 04/13 AVERAGE 1.7048 1.8668 2.1985 2.0535 LOW 1.6785 1.8195 2.0310 2.0535 HIGH 1.8071 1.9820 2.2807 2.0535 BRD AVERAGE 1.6995 1.8572 2.2299 UNB AVERAGE 1.7103 1.8799 2.1633 2.0535 BRD LOW 1.6908 1.8195 2.1605 BRD HIGH 1.7096 1.8918 2.2716 UNB LOW 1.6785 1.8285 2.0310 2.0535 UNB HIGH 1.8071 1.9820 2.2807 2.0535 CONTRACT AVG 04/14/2017 1.7050 1.8670 2.1986 2.0535 THUR/PUB/AVG 04/13/2017 1.7085 1.8719 2.2047 2.0615 PADD1 0045 Tampa, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) Ethanol & Flexible Fuels GROSS W/O SF City Term Ex Flx85% Move Flx80% C Date Marathon U TmpaMarath 1.4415 .0030 1.4415 Y 04/13 TPSI U TmpaTPSI 1.4492 .0186 ----- Y 04/13 TPSI U MnteTPSI 1.4592 .0187 ----- Y 04/13 AVERAGE 1.4500 1.4415 LOW 1.4415 1.4415 HIGH 1.4592 1.4415 UNB AVERAGE 1.4500 1.4415 UNB LOW 1.4415 1.4415 UNB HIGH 1.4592 1.4415 CONTRACT AVG 04/14/2017 1.4500 1.4415 THUR/PUB/AVG 04/13/2017 1.4365 1.4385 PADD1 0042 Panama City, FL 04/14/2017 07:01:10 CT Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 9 dtnFastRacks(tm) LS & ULS Diesel GROSS W/O SF City Term Ex ULS #2 Move C Date Valero U PnCyChevro 1.6830 - .0025 Y 04/13 FlintHillU PnCyChevro 1.6840 - .0025 Y 04/13 Murphy U PnCyChevro 1.6842 .0013 Y 04/13 Motiva U PnCyChevro 1.6879 - .0010 Y 04/13 Motiva B PnCyChevro 1.7049 - .0011 Y 04/13 Marathon B PnCyChevro 1.7066 - .0010 Y 04/13 BP Oil B PnCyChevro 1.7108 .0011 Y 04/13 Valero B PnCyChevro 1.7120 .0065 Y 04/12 XOM B PnCyChevro 1.7104 .0039 Y 04/12 Citgo B PnCyChevro 1.7151 - .0015 Y 04/13 Chevron B PnCyChevro 1.7180 - .0020 Y 04/13 Texaco B PnCyChevro 1.7180 - .0020 Y 04/13 AVERAGE 1.7029 LOW 1.6830 HIGH 1.7180 BRD AVERAGE 1.7120 UNB AVERAGE 1.6848 BRD LOW 1.7049 BRD HIGH 1.7180 UNB LOW 1.6830 UNB HIGH 1.6879 CONTRACT AVG 04/14/2017 1.7033 THUR/PUB/AVG 04/13/2017 1.7042 PADD1 0042 Panama City, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) LS & ULS Dyed Diesel GROSS W/O SF City Term Ex ULS2DY Move C Date Valero U PnCyChevro 1.6880 - .0025 Y 04/13 Murphy U PnCyChevro 1.6887 .0013 Y 04/13 FlintHillU PnCyChevro 1.6915 - .0025 Y 04/13 Motiva U PnCyChevro 1.6929 - .0010 Y 04/13 Marathon B PnCyChevro 1.7116 - .0010 Y 04/13 Citgo B PnCyChevro 1.7191 - .0015 Y 04/13 AVERAGE 1.6986 LOW 1.6880 HIGH 1.7191 BRD AVERAGE 1.7154 UNB AVERAGE 1.6903 BRD LOW 1.7116 BRD HIGH 1.7191 UNB LOW 1.6880 UNB HIGH 1.6929 CONTRACT AVG 04/14/2017 1.6990 THUR/PUB/AVG 04/13/2017 1.7002 PADD1 0042 Panama City, FL 04/14/2017 07:01:10 CT Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 10 dtnFastRacks(tm) Gas GROSS W/O SF City Term Ex Mid 89 Move C Date Chevron U PnCyChevro 2.1690 - .0050 Y 04/13 AVERAGE 2.1690 LOW 2.1690 HIGH 2.1690 UNB AVERAGE 2.1690 UNB LOW 2.1690 UNB HIGH 2.1690 CONTRACT AVG 04/14/2017 2.1690 THUR/PUB/AVG 04/13/2017 2.1740 PADD1 0042 Panama City, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) Clear 10% Ethanol Oxy Gas GROSS W/O SF City Term Ex U87E10 Move M89E10 P93E10 C Date FlintHillU PnCyChevro 1.6880 - .0025 1.8780 2.1480 Y 04/13 Valero U PnCyChevro 1.6915 - .0060 1.8815 2.1415 Y 04/13 Murphy U PnCyChevro 1.6927 - .0028 ----- 2.1227 Y 04/13 BP Oil B PnCyChevro 1.7301 - .0058 1.9101 2.2601 Y 04/13 Marathon B PnCyChevro 1.7374 - .0055 1.8889 2.1919 Y 04/13 Valero B PnCyChevro 1.7384 - .0050 ----- 2.2084 Y 04/13 Citgo B PnCyChevro 1.7385 - .0038 1.8849 2.1930 Y 04/13 XOM B PnCyChevro 1.7376 - .0090 1.9101 2.2626 Y 04/13 Chevron B PnCyChevro 1.7420 - .0080 1.9080 2.2660 Y 04/13 Texaco B PnCyChevro 1.7420 - .0080 1.9080 2.2660 Y 04/13 Motiva B PnCyChevro 1.7475 - .0011 1.9298 2.2792 Y 04/13 AVERAGE 1.7260 1.8999 2.2127 LOW 1.6880 1.8780 2.1227 HIGH 1.7475 1.9298 2.2792 BRD AVERAGE 1.7392 1.9057 2.2409 UNB AVERAGE 1.6907 1.8798 2.1374 BRD LOW 1.7301 1.8849 2.1919 BRD HIGH 1.7475 1.9298 2.2792 UNB LOW 1.6880 1.8780 2.1227 UNB HIGH 1.6927 1.8815 2.1480 CONTRACT AVG 04/14/2017 1.7263 1.9001 2.2130 THUR/PUB/AVG 04/13/2017 1.7315 1.9057 2.2183 PADD1 0038 Jacksonville, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) LS & ULS & HS Diesel GROSS W/O SF City Term Ex ULS #2 Move C Date Apex Oil U JcvlApex O 1.6954 - .0025 Y 04/13 Apex Oil U JcvlApex O 1.6954 - .0025 Y 04/13 Colonial U JcvlNuStar 1.6995 - .0015 Y 04/13 Marathon U JcvlMarath 1.7015 - .0015 Y 04/13 Huguenot U JcvlBuckey 1.7164 - .0025 Y 04/13 Motiva U JcvlBuckey 1.7190 .0041 Y 04/12 Motiva U JcvlApex O 1.7190 - .0008 Y 04/12 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 11 Motiva U JcvlApex O 1.7190 - .0008 Y 04/12 Buckeye U JcvlBuckey 1.7249 - .0050 Y 04/13 Marathon B JcvlMarath 1.7273 - .0015 Y 04/13 Motiva B JcvlBuckey 1.7364 .0041 Y 04/12 Motiva B JcvlApex O 1.7364 - .0008 Y 04/12 Motiva B JcvlApex O 1.7364 - .0008 Y 04/12 Marathon B JcvlBuckey 1.7374 - .0015 Y 04/13 Valero B JcvlNuStar 1.7385 .0040 Y 04/12 CoastalSuB JcvlBuckey 1.7388 .0015 Y 04/13 Sunoco B JcvlBuckey 1.7388 .0015 Y 04/13 FlintHillU JcvlMarath 1.7400 - .0015 Y 04/13 FlintHillU JcvlApex O 1.7400 - .0015 Y 04/13 XOM B JcvlBuckey 1.7408 .0040 Y 04/12 XOM B JcvlMarath 1.7408 .0040 Y 04/12 XOM B JcvlNuStar 1.7408 .0040 Y 04/12 BP Oil B JcvlMarath 1.7445 - .0003 Y 04/13 Citgo B JcvlBuckey 1.7512 - .0015 Y 04/13 Chevron B JcvlApex O 1.7560 - .0020 Y 04/13 Texaco B JcvlApex O 1.7560 - .0020 Y 04/13 AVERAGE 1.7304 LOW 1.6954 HIGH 1.7560 BRD AVERAGE 1.7413 UNB AVERAGE 1.7155 BRD LOW 1.7273 BRD HIGH 1.7560 UNB LOW 1.6954 UNB HIGH 1.7400 CONTRACT AVG 04/14/2017 1.7309 THUR/PUB/AVG 04/13/2017 1.7318 PADD1 0038 Jacksonville, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) LS & ULS Dyed Diesel GROSS W/O SF City Term Ex ULS2DY Move C Date Apex Oil U JcvlApex O 1.7004 - .0025 Y 04/13 Colonial U JcvlNuStar 1.7045 - .0015 Y 04/13 Marathon U JcvlMarath 1.7065 - .0015 Y 04/13 Huguenot U JcvlBuckey 1.7214 - .0025 Y 04/13 Motiva U JcvlBuckey 1.7240 .0041 Y 04/12 Motiva U JcvlApex O 1.7240 - .0008 Y 04/12 Motiva U JcvlApex O 1.7240 - .0008 Y 04/12 Buckeye U JcvlBuckey 1.7299 - .0050 Y 04/13 Marathon B JcvlMarath 1.7323 - .0015 Y 04/13 CoastalSuB JcvlBuckey 1.7438 .0015 Y 04/13 Sunoco B JcvlBuckey 1.7438 .0015 Y 04/13 FlintHillU JcvlMarath 1.7475 - .0015 Y 04/13 BP Oil B JcvlMarath 1.7495 - .0003 Y 04/13 Citgo B JcvlBuckey 1.7552 - .0015 Y 04/13 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 12 AVERAGE 1.7291 LOW 1.7004 HIGH 1.7552 BRD AVERAGE 1.7449 UNB AVERAGE 1.7202 BRD LOW 1.7323 BRD HIGH 1.7552 UNB LOW 1.7004 UNB HIGH 1.7475 CONTRACT AVG 04/14/2017 1.7294 THUR/PUB/AVG 04/13/2017 1.7304 PADD1 0038 Jacksonville, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) Gas & LRVP GROSS W/O SF City Term Ex Unl 87 Move Mid 89 C Date Huguenot U JcvlBuckey 2.1721 .1277 2.2376 Y 04/13 Colonial U JcvlNuStar ----- ----- 2.2435 Y 04/13 Marathon U JcvlMarath ----- ----- 2.2590 Y 04/13 Marathon B JcvlMarath ----- ----- 2.2919 Y 04/13 Motiva B JcvlBuckey ----- ----- 2.2911 Y 04/13 Motiva B JcvlApex O ----- ----- 2.2911 Y 04/13 AVERAGE 2.1721 2.2690 LOW 2.1721 2.2376 HIGH 2.1721 2.2919 BRD AVERAGE 2.2914 UNB AVERAGE 2.1721 2.2467 BRD LOW 2.2911 BRD HIGH 2.2919 UNB LOW 2.1721 2.2376 UNB HIGH 2.1721 2.2590 CONTRACT AVG 04/14/2017 2.1721 2.2690 THUR/PUB/AVG 04/13/2017 2.0444 2.2520 PADD1 0038 Jacksonville, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) Clear 10% Ethanol Oxy Gas GROSS W/O SF City Term Ex U87E10 Move M89E10 P93E10 C Date Apex Oil U JcvlApex O 1.6581 - .0015 ----- ----- Y 04/13 Colonial U JcvlNuStar 1.6610 - .0085 1.7955 2.0620 Y 04/13 Marathon U JcvlMarath 1.6625 - .0085 1.7958 2.0625 Y 04/13 FlintHillU JcvlMarath 1.6640 - .0085 1.8040 2.0640 Y 04/13 FlintHillU JcvlApex O 1.6955 - .0085 1.8555 2.1455 Y 04/13 BP Oil B JcvlMarath 1.6958 - .0016 1.8758 2.2208 Y 04/13 Citgo B JcvlBuckey 1.6992 - .0046 1.8507 2.1840 Y 04/13 Marathon B JcvlBuckey 1.6995 - .0056 1.8611 2.1843 Y 04/13 Marathon B JcvlMarath 1.6995 - .0056 1.8611 2.1843 Y 04/13 Valero B JcvlNuStar 1.7015 - .0050 1.8615 2.2165 Y 04/13 Sunoco B JcvlBuckey 1.7024 - .0051 1.8524 2.2282 Y 04/13 Chevron B JcvlApex O 1.7050 - .0050 1.8600 2.2260 Y 04/13 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 13 Texaco B JcvlApex O 1.7050 - .0050 1.8600 2.2260 Y 04/13 Huguenot U JcvlBuckey 1.7056 - .0060 1.7921 2.0487 Y 04/13 Motiva U JcvlApex O 1.7057 - .0060 1.8857 2.2407 Y 04/13 XOM B JcvlBuckey 1.7041 - .0080 1.8766 2.2241 Y 04/13 XOM B JcvlMarath 1.7041 - .0080 1.8766 2.2241 Y 04/13 XOM B JcvlNuStar 1.7041 - .0080 1.8766 2.2241 Y 04/13 Motiva B JcvlBuckey 1.7085 - .0030 1.8907 2.2350 Y 04/13 Motiva B JcvlApex O 1.7085 - .0030 1.8907 2.2350 Y 04/13 Gulf-GIE U JcvlBuckey 1.7160 - .0060 ----- 2.1420 Y 04/13 TPSI U JcvlBuckey 1.7527 - .0079 ----- ----- Y 04/13 Buckeye U JcvlBuckey 1.8541 .0200 ----- ----- Y 04/13 AVERAGE 1.7049 1.8538 2.1789 LOW 1.6581 1.7921 2.0487 HIGH 1.8541 1.8907 2.2407 BRD AVERAGE 1.7029 1.8688 2.2163 UNB AVERAGE 1.7075 1.8214 2.1093 BRD LOW 1.6958 1.8507 2.1840 BRD HIGH 1.7085 1.8907 2.2350 UNB LOW 1.6581 1.7921 2.0487 UNB HIGH 1.8541 1.8857 2.2407 CONTRACT AVG 04/14/2017 1.7053 1.8541 2.1792 THUR/PUB/AVG 04/13/2017 1.7103 1.8606 2.1864 PADD1 0041 Orlando, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) LS & ULS Diesel GROSS W/O SF City Term Ex ULS #2 Move C Date Vitol U CpCnVitol 1.7300 .0050 Y 04/13 Gulf-GIE U CpCnTPSI 1.7340 - .0020 Y 04/13 Marathon U OrldKMEP 1.7540 - .0015 Y 04/13 FlintHillU OrldKMEP 1.7590 - .0015 Y 04/13 Huguenot U OrldKMEP 1.7624 .0020 Y 04/13 Valero U OrldKMEP 1.7625 .0031 Y 04/13 Gulf-GIE U OrldKMEP 1.7650 - .0020 Y 04/13 Citgo B OrldKMEP 1.7734 - .0015 Y 04/13 CoastalSuB OrldKMEP 1.7760 - .0019 Y 04/13 Sunoco B OrldKMEP 1.7760 - .0019 Y 04/13 TPSI U CpCnTPSI 1.7764 - .0030 Y 04/13 Valero B OrldKMEP 1.7775 - .0025 Y 04/13 Motiva B CpCnVitol 1.7776 .0046 Y 04/12 BP Oil B OrldKMEP 1.7780 - .0003 Y 04/13 Marathon B OrldKMEP 1.7803 - .0015 Y 04/13 Chevron B OrldKMEP 1.7850 - .0020 Y 04/13 Texaco B OrldKMEP 1.7850 - .0020 Y 04/13 XOM B CpCnVitol 1.8036 .0039 Y 04/12 CoastalSuB CpCnTPSI 1.8463 - .0015 Y 04/13 Sunoco B CpCnTPSI 1.8463 - .0015 Y 04/13 AVERAGE 1.7774 LOW 1.7300 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 14 HIGH 1.8463 BRD AVERAGE 1.7921 UNB AVERAGE 1.7554 BRD LOW 1.7734 BRD HIGH 1.8463 UNB LOW 1.7300 UNB HIGH 1.7764 CONTRACT AVG 04/14/2017 1.7775 THUR/PUB/AVG 04/13/2017 1.7783 PADD1 0041 Orlando, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) LS & ULS Dyed Diesel GROSS W/O SF City Term Ex ULS2DY Move C Date Vitol U CpCnVitol 1.7335 .0050 Y 04/13 Gulf-GIE U CpCnTPSI 1.7390 - .0020 Y 04/13 Marathon U OrldKMEP 1.7590 - .0015 Y 04/13 FlintHillU OrldKMEP 1.7665 - .0015 Y 04/13 Huguenot U OrldKMEP 1.7674 .0020 Y 04/13 Valero U OrldKMEP 1.7675 .0031 Y 04/13 Gulf-GIE U OrldKMEP 1.7700 - .0020 Y 04/13 Citgo B OrldKMEP 1.7774 - .0015 Y 04/13 CoastalSuB OrldKMEP 1.7810 - .0019 Y 04/13 Sunoco B OrldKMEP 1.7810 - .0019 Y 04/13 TPSI U CpCnTPSI 1.7814 - .0030 Y 04/13 BP Oil B OrldKMEP 1.7830 - .0003 Y 04/13 XOM B OrldKMEP 1.7827 - .0022 Y 04/13 CoastalSuB CpCnTPSI 1.8513 - .0015 Y 04/13 Sunoco B CpCnTPSI 1.8513 - .0015 Y 04/13 AVERAGE 1.7795 LOW 1.7335 HIGH 1.8513 BRD AVERAGE 1.8011 UNB AVERAGE 1.7605 BRD LOW 1.7774 BRD HIGH 1.8513 UNB LOW 1.7335 UNB HIGH 1.7814 CONTRACT AVG 04/14/2017 1.7796 THUR/PUB/AVG 04/13/2017 1.7803 PADD1 0041 Orlando, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) Gas & LRVP GROSS W/O SF City Term Ex Mid 89 Move C Date TPSI U CpCnTPSI 2.1823 - .0066 Y 04/13 AVERAGE 2.1823 LOW 2.1823 HIGH 2.1823 UNB AVERAGE 2.1823 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 15 UNB LOW 2.1823 UNB HIGH 2.1823 CONTRACT AVG 04/14/2017 2.1823 THUR/PUB/AVG 04/13/2017 2.1889 PADD1 0041 Orlando, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) Clear 10% Ethanol Oxy Gas GROSS W/O SF City Term Ex U87E10 Move M89E10 P93E10 C Date Vitol U CpCnVitol 1.6800 - .0050 1.8400 2.0600 Y 04/13 TPSI U OrldKMEP 1.6938 - .0079 ----- 2.2476 Y 04/13 Marathon U OrldKMEP 1.6950 - .0105 1.8517 2.1650 Y 04/13 FlintHillU OrldKMEP 1.6960 - .0050 1.8360 2.1160 Y 04/13 Valero U OrldKMEP 1.6961 - .0060 1.8561 2.1661 Y 04/13 Mystik B OrldKMEP 1.7041 - .0053 1.8607 2.1688 Y 04/13 BP Oil B OrldKMEP 1.7073 - .0062 1.8653 2.2073 Y 04/13 Citgo U OrldKMEP 1.7088 - .0049 1.8704 2.1835 Y 04/13 Citgo B OrldKMEP 1.7092 - .0052 1.8607 2.1587 Y 04/13 Valero B OrldKMEP 1.7105 - .0050 1.8605 2.2105 Y 04/13 Marathon B OrldKMEP 1.7121 - .0056 1.8737 2.1970 Y 04/13 CoastalSuB OrldKMEP 1.7137 - .0033 1.8437 2.2227 Y 04/13 Chevron B OrldKMEP 1.7160 - .0050 1.8750 2.2210 Y 04/13 Texaco B OrldKMEP 1.7160 - .0050 1.8750 2.2210 Y 04/13 Sunoco B OrldKMEP 1.7162 - .0033 1.8462 2.2252 Y 04/13 TPSI U CpCnTPSI 1.7168 - .0058 1.9579 2.0565 Y 04/13 XOM B OrldKMEP 1.7151 - .0050 1.8801 2.2101 Y 04/13 Motiva U OrldKMEP 1.7172 - .0060 1.8972 2.2372 Y 04/13 Motiva B OrldKMEP 1.7209 - .0030 1.8931 2.2222 Y 04/13 Motiva B CpCnVitol 1.7209 - .0030 1.8931 2.2222 Y 04/13 XOM B CpCnVitol 1.7221 - .0070 1.8521 2.2221 Y 04/13 Sunoco B CpCnTPSI 1.7262 - .0033 1.8562 2.2352 Y 04/13 Gulf-GIE U CpCnTPSI 1.7580 - .0060 1.9630 2.2290 Y 04/13 Gulf-GIE U OrldKMEP 1.7675 - .0060 2.0270 2.3105 Y 04/13 AVERAGE 1.7141 1.8798 2.1965 LOW 1.6800 1.8360 2.0565 HIGH 1.7675 2.0270 2.3105 BRD AVERAGE 1.7150 1.8668 2.2103 UNB AVERAGE 1.7129 1.8999 2.1771 BRD LOW 1.7041 1.8437 2.1587 BRD HIGH 1.7262 1.8931 2.2352 UNB LOW 1.6800 1.8360 2.0565 UNB HIGH 1.7675 2.0270 2.3105 CONTRACT AVG 04/14/2017 1.7143 1.8799 2.1966 THUR/PUB/AVG 04/13/2017 1.7197 1.8851 2.2075 PADD1 0041 Orlando, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) Ethanol & Flexible Fuels GROSS W/O SF City Term Ex Ethanl Move C Date Vitol U CpCnVitol 1.8400 .0200 Y 04/10 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 16 AVERAGE 1.8400 LOW 1.8400 HIGH 1.8400 UNB AVERAGE 1.8400 UNB LOW 1.8400 UNB HIGH 1.8400 CONTRACT AVG 04/14/2017 1.8400 THUR/PUB/AVG 04/13/2017 1.8400 PADD1 0039 Miami, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) LS & ULS Diesel GROSS W/O SF City Term Ex ULS #2 Move C Date Marathon U FtLdMarath 1.7035 - .0040 Y 04/13 Motiva U FtLdMotiva 1.7066 .0008 Y 04/13 Motiva U PtEvMotiva 1.7066 .0008 Y 04/13 Global U PtEvMotiva 1.7118 .0008 Y 04/13 FlintHillU FtLdChevro 1.7165 - .0015 Y 04/13 FlintHillU FtLdMarath 1.7165 - .0015 Y 04/13 Motiva B PtEvMotiva 1.7238 .0008 Y 04/13 Marathon B FtLdMarath 1.7293 - .0040 Y 04/13 Colonial U FtLdCitgo 1.7295 - .0015 Y 04/13 Valero U DniaValero 1.7299 - .0025 Y 04/13 Citgo B FtLdCitgo 1.7347 - .0016 Y 04/13 Valero B DniaValero 1.7360 - .0050 Y 04/13 BP Oil B PtEvKMEP 1.7375 .0007 Y 04/13 XOM B PtEvTPSI 1.7403 - .0011 Y 04/13 XOM B FtLdMarath 1.7403 - .0011 Y 04/13 CoastalSuB FtLdMarath 1.7430 - .0016 Y 04/13 Sunoco B FtLdMarath 1.7430 - .0016 Y 04/13 Gulf-GIE U PtEvTPSI 1.7455 - .0020 Y 04/13 Chevron B FtLdChevro 1.7590 - .0020 Y 04/13 Texaco B FtLdChevro 1.7590 - .0020 Y 04/13 TPSI U PtEvTPSI 1.7622 - .0020 Y 04/13 Citgo B PtEvTPSI 1.7847 - .0016 Y 04/13 Sunoco B PtEvTPSI 1.8254 - .0015 Y 04/13 AVERAGE 1.7385 LOW 1.7035 HIGH 1.8254 BRD AVERAGE 1.7505 UNB AVERAGE 1.7229 BRD LOW 1.7238 BRD HIGH 1.8254 UNB LOW 1.7035 UNB HIGH 1.7622 CONTRACT AVG 04/14/2017 1.7386 THUR/PUB/AVG 04/13/2017 1.7401 PADD1 0039 Miami, FL 04/14/2017 07:01:10 CT Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 17 dtnFastRacks(tm) LS & ULS Dyed Diesel GROSS W/O SF City Term Ex ULS2DY Move C Date Marathon U FtLdMarath 1.7085 - .0040 Y 04/13 Motiva U FtLdMotiva 1.7116 .0008 Y 04/13 Motiva U PtEvMotiva 1.7116 .0008 Y 04/13 Global U PtEvMotiva 1.7168 .0008 Y 04/13 FlintHillU FtLdChevro 1.7240 - .0015 Y 04/13 FlintHillU FtLdMarath 1.7240 - .0015 Y 04/13 Motiva B PtEvMotiva 1.7289 .0008 Y 04/13 Marathon B FtLdMarath 1.7343 - .0041 Y 04/13 Colonial U FtLdCitgo 1.7345 - .0015 Y 04/13 Valero U DniaValero 1.7349 - .0025 Y 04/13 Citgo B FtLdCitgo 1.7387 - .0016 Y 04/13 BP Oil B PtEvKMEP 1.7425 .0007 Y 04/13 CoastalSuB FtLdMarath 1.7480 - .0016 Y 04/13 Sunoco B FtLdMarath 1.7480 - .0016 Y 04/13 Gulf-GIE U PtEvTPSI 1.7505 - .0020 Y 04/13 TPSI U PtEvTPSI 1.7672 - .0020 Y 04/13 Citgo B PtEvTPSI 1.7887 - .0016 Y 04/13 AVERAGE 1.7360 LOW 1.7085 HIGH 1.7887 BRD AVERAGE 1.7470 UNB AVERAGE 1.7284 BRD LOW 1.7289 BRD HIGH 1.7887 UNB LOW 1.7085 UNB HIGH 1.7672 CONTRACT AVG 04/14/2017 1.7360 THUR/PUB/AVG 04/13/2017 1.7373 PADD1 0039 Miami, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) Gas & LRVP GROSS W/O SF City Term Ex Unl 87 Move Mid 89 C Date Huguenot U FtLdBuckey 2.1563 - .0075 2.2148 Y 04/13 BP Oil B PtEvKMEP ----- ----- 2.2146 Y 04/13 BP Oil B FtLdXOM ----- ----- 2.2146 Y 04/13 Chevron U FtLdChevro ----- ----- 2.2270 Y 04/13 Motiva B PtEvMotiva ----- ----- 2.3078 Y 04/13 AVERAGE 2.1563 2.2358 LOW 2.1563 2.2146 HIGH 2.1563 2.3078 BRD AVERAGE 2.2457 UNB AVERAGE 2.1563 2.2209 BRD LOW 2.2146 BRD HIGH 2.3078 UNB LOW 2.1563 2.2148 UNB HIGH 2.1563 2.2270 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 18 CONTRACT AVG 04/14/2017 2.1563 2.2358 THUR/PUB/AVG 04/13/2017 2.1638 2.2447 PADD1 0039 Miami, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) Clear 10% Ethanol Oxy Gas GROSS W/O SF City Term Ex U87E10 Move M89E10 P93E10 P92E10 C Date Marathon U FtLdMarath 1.6715 - .0105 1.8215 2.1215 2.0465 Y 04/13 Huguenot U FtLdBuckey 1.6724 - .0095 1.8224 1.9317 ----- Y 04/13 Marathon U PtEvMarath 1.6725 - .0095 1.8225 2.1225 2.0475 Y 04/13 Valero U DniaValero 1.6925 - .0173 1.8225 2.0825 ----- Y 04/13 FlintHillU FtLdMarath 1.6935 - .0050 1.8635 2.1135 ----- Y 04/13 FlintHillU FtLdChevro 1.6985 - .0050 1.8685 2.1385 ----- Y 04/13 Motiva U PtEvMotiva 1.7055 - .0060 1.8955 2.2905 ----- Y 04/13 Global U PtEvMotiva 1.7102 - .0060 1.9017 2.2992 ----- Y 04/13 Citgo U FtLdCitgo 1.7155 - .0040 1.8670 2.1700 ----- Y 04/13 TPSI U PtEvTPSI 1.7250 - .0079 1.9079 2.1847 ----- Y 04/13 Gulf-GIE U PtEvTPSI 1.7265 - .0060 1.8305 1.9585 ----- Y 04/13 Marathon B FtLdMarath 1.7283 - .0106 1.8899 2.2131 ----- Y 04/13 Marathon B PtEvMarath 1.7283 - .0106 1.8899 2.2131 ----- Y 04/13 FlintHillU FtLdXOM 1.7315 - .0050 1.9015 2.1515 ----- Y 04/13 Colonial U FtLdCitgo 1.7335 - .0060 ----- 1.9485 ----- Y 04/13 BP Oil B FtLdBuckey 1.7346 - .0078 1.9126 2.2996 ----- Y 04/13 BP Oil B PtEvKMEP 1.7346 - .0078 1.9126 2.2996 ----- Y 04/13 BP Oil B FtLdXOM 1.7346 - .0078 1.9126 2.2996 ----- Y 04/13 Global U FtLdXOM 1.7367@- .0300 1.9062@2.1262@ ----- Y 04/14 Citgo B FtLdCitgo 1.7412 - .0084 1.8927 2.1958 ----- Y 04/13 Sunoco B PtEvTPSI 1.7415 - .0122 1.8715 2.2744 ----- Y 04/13 Sunoco B FtLdMarath 1.7415 - .0122 1.8715 2.2744 ----- Y 04/13 Sunoco B PtEvMarath 1.7415 - .0122 1.8715 2.2744 ----- Y 04/13 Valero B DniaValero 1.7440 - .0050 1.9140 2.1740 ----- Y 04/13 Citgo B PtEvTPSI 1.7453 - .0083 1.8927 2.1958 ----- Y 04/13 XOM B FtLdXOM 1.7461 - .0075 1.9161 2.3061 ----- Y 04/13 Chevron B FtLdChevro 1.7500 - .0050 1.9090 2.3070 ----- Y 04/13 Texaco B FtLdChevro 1.7500 - .0050 1.9090 2.3070 ----- Y 04/13 Motiva B PtEvMarath 1.7546 - .0021 1.9369 2.3217 ----- Y 04/13 Motiva B PtEvMotiva 1.7546 - .0021 1.9369 2.3217 ----- Y 04/13 Citgo U PtEvTPSI 1.7660 - .0040 1.9175 2.1751 ----- Y 04/13 AVERAGE 1.7265 1.8863 2.1965 2.0470 LOW 1.6715 1.8215 1.9317 2.0465 HIGH 1.7660 1.9369 2.3217 2.0475 BRD AVERAGE 1.7419 1.9025 2.2675 UNB AVERAGE 1.7101 1.8678 2.1210 2.0470 BRD LOW 1.7283 1.8715 2.1740 BRD HIGH 1.7546 1.9369 2.3217 UNB LOW 1.6715 1.8215 1.9317 2.0465 UNB HIGH 1.7660 1.9175 2.2992 2.0475 CONTRACT AVG 04/14/2017 1.7266 1.8863 2.1966 2.0470 THUR/PUB/AVG 04/13/2017 1.7348 1.8941 2.2039 2.0570 Exhibit A – Sample DTN FastRacks Report Exhibit A Addendum No. 4 ITB No. 2017-047 Bulk Gasoline and Diesel Fuel 19 PADD1 0039 Miami, FL 04/14/2017 07:01:10 CT dtnFastRacks(tm) Ethanol & Flexible Fuels GROSS W/O SF City Term Ex Flx85% Move Flx80% C Date TPSI U PtEvTPSI 1.7771 .0177 ----- Y 04/13 Marathon U FtLdMarath ----- ----- 1.4200 Y 04/13 Marathon U PtEvMarath ----- ----- 1.4160 Y 04/13 AVERAGE 1.7771 1.4180 LOW 1.7771 1.4160 HIGH 1.7771 1.4200 UNB AVERAGE 1.7771 1.4180 UNB LOW 1.7771 1.4160 UNB HIGH 1.7771 1.4200 CONTRACT AVG 04/14/2017 1.7771 1.4180 THUR/PUB/AVG 04/13/2017 1.7594 1.4163 PADD3 0383 Hattiesburg, MS 04/14/2017 07:01:10 CT dtnFastRacks(tm) Propane GROSS W/O SF City Term Ex Propne Move C Date EPO U PetlEPO 0.7216@ .0025 Y 04/14 CHS B HtbgTarga 0.7321@ .0075 Y 04/14 AVERAGE 0.7269 LOW 0.7216 HIGH 0.7321 BRD AVERAGE 0.7321 UNB AVERAGE 0.7216 BRD LOW 0.7321 BRD HIGH 0.7321 UNB LOW 0.7216 UNB HIGH 0.7216 CONTRACT AVG 04/14/2017 0.7269 THUR/PUB/AVG 04/13/2017 0.7219 x = prices excluded from averages, @ = multiple price moves. Information is deemed to be reliable, although accuracy is not guaranteed. (c)2017 Schneider Electric. All rights reserved. www.schneider-electric.com DPD1 6960 RCK-2478 04-14-17 END MSG May 1, 2017 CITY ATTORNEY OFFICE - LEGAL REVIEW CHECKLIST Name of Agreement: AGREEMENT w/MACMILLAN for PURCHASE AND DELIVERY OF BULK GASOLINE AND DIESEL FUEL Department: Contact person: City Manager approval: Yes No City Commission approval:  Agenda Item # _________________________________________________________________  Agenda Meeting Date: ___________________________________________________________ Agreement Action: New Renewal Amendment (S/A). Standard City form agreement Has the agreement been signed and notarized/witnessed by the vendor: Yes No For City Attorney Use only: Agreement Terms: Comments/Specific Provision in Agreement Term (Duration of Agreement) 3 years Termination Clause Article 7 Renewal Clause 1 x 2 year Insurance City Standard Indemnification City Standard Assignment Sec. 9.10 Disclaimers none Non-Discrimination Policy Article 8 Inspector General Provision Sec. 9.3 FL. Public Records Provision (2016) Sec. 9.2 Governing Law Florida Venue PBC Attorney’s fees None Waiver of Jury trial Sec. 9.18 Business Principles: Comments Fees: Total Value $2.28 million ($3.8 million if renewed) Fees: Per Fiscal Year Not to exceed $760,000 Other Issues: Comments Non-Negotiable Issues/ Miscellaneous Issues/ Special Considerations Requirements agreement. Consistent with applicable policies including, but not limited to, Procurement policies. Yes Attorney: /s/ Janice Rustin Reviewed and approved as to form and legal sufficiency only May 1, 2017 CITY ATTORNEY OFFICE - LEGAL REVIEW CHECKLIST Name of Agreement: AGREEMENT w/PETROLEUM TRADERS CORPORATION for PURCHASE AND DELIVERY OF BULK GASOLINE AND DIESEL FUEL Department: Contact person: City Manager approval: Yes No City Commission approval:  Agenda Item # _________________________________________________________________  Agenda Meeting Date: ___________________________________________________________ Agreement Action: New Renewal Amendment (S/A). Standard City form agreement Has the agreement been signed and notarized/witnessed by the vendor: Yes No For City Attorney Use only: Agreement Terms: Comments/Specific Provision in Agreement Term (Duration of Agreement) 3 years Termination Clause Article 7 Renewal Clause 1 x 2 year Insurance City Standard Indemnification City Standard Assignment Sec. 9.10 Disclaimers none Non-Discrimination Policy Article 8 Inspector General Provision Sec. 9.3 FL. Public Records Provision (2016) Sec. 9.2 Governing Law Florida Venue PBC Attorney’s fees None Waiver of Jury trial Sec. 9.18 Business Principles: Comments Fees: Total Value $720,000 ($1.2 million if renewed) Fees: Per Fiscal Year Not to exceed $240,000 Other Issues: Comments Non-Negotiable Issues/ Miscellaneous Issues/ Special Considerations Requirements agreement. Consistent with applicable policies including, but not limited to, Procurement policies. Yes Attorney: /s/ Janice Rustin Reviewed and approved as to form and legal sufficiency only City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-429,Version:1 TO: Mayor and Commissioners FROM: Timothy R. Stillings, Planning, Zoning and Building Director THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 REQUEST FOR A WAIVER OF LDR SECTION 4.6.14(B)(6)TO REDUCE THE SIGHT VISIBILITY TRIANGLE FROM 40'X 40'ON THE SOUTH PARCEL OF PALM TRAIL AND MCKEE LANE AND THE NORTH PARCEL OF PALM TRAIL AND WITHERSPOON LANE TO 25'X 25'.(QUASI- JUDICIAL HEARING) Recommended Action: Motion to Approve the waiver request to LDR Section 4.6.14(B)(6)to reduce the sight visibility triangle from 40’x 40’on the south parcel of Palm Trail and McKee Lane and the north parcel of Palm Trail and Witherspoon Lane to 25’ x 25’. Background: On April 12,2017,the Site Plan Review and Appearance Board approved a Class V Site Plan Modification,Landscape Plan and Architectural Elevations for the development proposal which consists of the construction of two three-story townhome buildings with two car garages.There are five units on two separate parcels.The site plan was approved conditioned on the approval of the sight visibility waiver. Pursuant to LDR Section 4.6.14(B)(6), the area of property located at a corner formed by the intersection of two or more public rights of way with two sides of the triangular area being 40’ in length along the abutting public right of way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. This area is defined as the visibility triangle.The objective of these requirements is to provide sufficient view corridors for safe interaction of vehicles and pedestrians at intersections. All Departments including Police, Fire, and Engineering reviewed the waiver request and did not have any issues. The applicant is requesting relief on the south parcel of Palm Trail and McKee Lane and the north parcel of Palm Trail and Witherspoon Lane, therefore requiring a waiver to LDR Section 4.6.14(B)(6). Waiver Analysis: Pursuant to LDR Section 2.4.7(B)(5),prior to granting a waiver,the approving body shall make a finding that the granting of the waiver: City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-429,Version:1 (a)Shall not adversely affect the neighboring area; (b)Shall not significantly diminish the provision of public facilities; (c)Shall not create an unsafe situation; and, (d)Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The granting of this waiver will not adversely affect the neighboring area,diminish the provision of public facilities and is not creating an unsafe situation.The elimination of the 40’x 40’sight visibility triangle on both corners will not negatively affect traffic flow,nor present a danger to vehicular traffic or pedestrians.The property is zoned RM and is adjacent to R-1-A and RL which is not highly traveled.This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege.Subsequently,a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. At its meeting of April 12,2017,the Site Plan Review And Appearance Board approved (6-0)the recommendation to the City Commission regarding the waiver request to LDR section 4.6.14(B)(6), Sight Visibility,to reduce the sight visibility from 40’x 40’on the south parcel of Palm Trail and McKee Lane and the north parcel of Palm Trail and Witherspoon Lane to 25’ x 25’. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: N/A City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 12, 2017 ITEM: 912 Palm Trail (2017-001) – Approval of a Class V Site Plan Modification and associated Landscape Plan, Architectural Elevations and Waiver request RECOMMENDATION: GENERAL DATA: Approval with conditions Applicant/Owner.......................... Shovel Ready Projects, LLC Agent.......................................... Richard Jones Architects Inc. Location...................................... Westside of Palm Trail north of George Bush Blvd. Property Size.............................. 0.953 acres Future Land Use Map............... MD (Medium Density) Current Zoning............................ RM (Multiple Family Residential) Adjacent Zoning................North: RM East: R-1-A (Single Family Residential) South: RM West: RM Existing Land Use...................... 13 Unit Multiple Family Development Proposed Land Use…………… Two townhome units with 5 units each Water Service......................... Existing on site via an 6” water line in the Palm Trail, McKee Lane and Witherspoon Lane right of way. Sewer Service........................ Existing on site via an 8” water line throughout the neighborhood. ITEM BEFORE THE BOARD The item before the Board is the approval of a Class V Site Plan Modification and associated Landscape Plan, Architectural Elevations and Waiver request for 912 Palm Trail, pursuant to Land Development Regulations (LDR) Section 2.4.5(F)(1)(a). BACKGROUND This project is located on Palm Trail north of George Bush Blvd between McKee Lane and Witherspoon Lane on two separate parcels, and consists of Kenmont First addition lots 8 to 11 inclusive according to plat therof as recorded in plat book 22, page 24 of the public records of Palm Beach. The property consists of 0.953 acres with 13 units and it is currently zoned (RM) Multiple Family. The existing structures were built in 1960. PROJECT DESCRIPTION The development proposal consists of the following: • Demolition of the two existing buildings • Construct two fee simple townhome buildings with five units on each separately platted lot. • Each individual unit is three bedroom town home (the under-air square footages for Unit “A” is 3,973 sq. ft., Unit “B” is 4,932 sq. ft. and Unit “C” is 4,052 sq. ft.). All units will accommodate a two-car garage. Each unit will be three stories. • Installation of a 6 ft. aluminum fence with a 3’ x 6’ gate in a bronze finish. • Installation of grade level pools. • Installation of associated landscaping. • Waiver request. SITE PLAN ANALYSIS Items identified in the Land Development Regulations (LDR) shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.4.6 RM Zone District: Pursuant to LDR Section 4.4.6; the Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six units per acre and a maximum of twelve units per acre for this property. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which call for accommodating a variety of housing types. LDR Section 4.4.6(I) Performance Standards: Pursuant to LDR Section 4.4.6(I), the following standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six units per acre, the approving body must make a finding that the development substantially SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 2/15 complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City’s Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: The density of the overall development is 10.5 units per acre, which requires a finding of substantial compliance with all applicable Performance Standards since it exceeds six units per acre. The following are the specific Performance Standards with an analysis of each: a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. Analysis This performance standard applies to larger developments that include an interior road network. Thus, this performance standard is not applicable. b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. Analysis The proposed three story residential development is designed with a 25’ side setback on each side which reduces the overall massing and provides a feeling of open space between the subject development and the adjacent properties. There is an additional 5’ front setback and interior side setback for the 3rd story which reduces overall massing and provides a level transition from second to third level. The middle unit is staggered 5’ to 8’ from the end unit to help reduce the building frontage size while providing an individual entrance for each residence. Each unit has a functional outdoor area which includes a ground swimming pool, open space and landscape area. Based on the above, a finding of compliance can be made. c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. Analysis The proposed development is surrounded to the north and south by RM (Multiple Family Residential - Medium Density) zoning designated properties; to the west and north by RL (Multiple Family Low Density) and to the east by R-1-A, single family homes, the current land use for surrounding properties varies from 5 to 10 unit condominium developments; the performance standard does not apply to the R-1-A to the east nor the the RL to the north as it is separated by a street and alley. The setback must be increased only on the west side of the north parcel by 25% which would be 31.25’ and the proposal is 25’1”, thus not meeting this SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 3/15 standard. However, there is a 6’ garden proposed along the west side with a lush underground landscaping, a 5’ Podocarapus Hedge and twenty eight 16’ Areca Palms. Therefore, the performance standard partially meets the required setback. d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. Analysis There are 5’ offsets found at ground level and each townhome has an open air terrace, ground level pool, courtyard, 2 story interior volumes at the front entry’s and varied window shapes and designs. Based on the above, the development proposal complies with this requirement. e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Analysis Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. This will provide opportunities that may be attractive to families. The project consists of five units per building. Yet of the 5 total there are three unique unit plans. Each unit plans unique configuration is based on its unique stair and elevator layout. There are three 2 bedroom floor plans and three upper levels with a bedroom, a club room and an open terrace. Due to square footage size of these units it is impractical to have one bedroom or two bedroom units. Therefore, this performance standard is not applicable. f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. Analysis Each of the 5 units per building will have lush landscaped private backyards and private swimming pools. In addition, the middle unit will have a landscape private courtyard. Since this standard is for larger projects, it does not apply to smaller in-fill developments. Therefore, this performance standard is not applicable. g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. Analysis The project is proposing new concrete sidewalks on all three sides of each building; this adds to the bicycle/pedestrian network of the area and enhances the walkability of the neighborhood and the access to the very close A1A. However, this standard pertains to larger developments and not in-fill projects. Therefore, this performance standard is not applicable. SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 4/15 Summary In conclusion, a finding of compliance can be made to (b) and (d) and partially to (c). With respect to (a), (e), (f), and (g) each of the standards is not applicable to the project. Pursuant to section 4.4.6(I)(2), it is acknowledged that some of the above referenced standards may not be entirely, applicable to small infill type residential projects. For those types of projects, the ultimate density should be based on the attainment of those standards which are applicable, as well as the developments ability to meet or exceed other minimum code requirements. LDR Section 4.4.6 (H) (Special Regulations - RM zone district): Pursuant to LDR Section 4.4.6(H)(3) recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than twenty-five (25) units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. This development will consist of two buildings of five fee-simple townhouse owner-occupied units. The development will not have a homeowners association as there is no retention, private streets or common areas. As there are only five units per building it is not practical to require a common tot lot or recreation area/swimming pool. It is noted that the proposal includes the construction of individual swimming pools for each unit. There is a City owner pocket park located to the north in the La Hacienda neighborhood that could easily be accessible by bicycle and the beach and downtown is also in walking distance. Based upon the above, compliance with this code requirement has been achieved. LDR Section 4.3.3(O) (Townhouse Design Standards): As described below, the development proposal complies with the design standards for townhouse developments outlined in LDR Sections 4.3.3(O)(4)(a) through (d): a) No more than two townhouses may be constructed without providing a front setback of no less than 4’ offset front to rear. The purpose of this requirement is to prevent a long linear appearance. The front setback for the proposed development is along Palm Trail for both the South and North Parcel. A 10’ off-set is provided for the units located along Palm Trail and additional 8’ for the middle unit. b) No townhouse row shall consist of more than 8 units or a length of 200’. The townhouse row consists of 2 units with one in the middle and is 125’ in length, thus meeting this code requirement. c) Service features, garages, parking areas, and entrances to dwelling units shall, whenever possible, is located on a side of the individual lot having access to the interior street. Walkways should be designed to connect dwelling units with each other and connect each dwelling unit with common open space. SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 5/15 This standard applies to large townhouse developments, and does not apply in this in-fill situation. d) Not less than 25% of the total area, less water bodies, shall be usable open space, either for recreational or some other suitable purpose, public or private. The basis for this standard is to assure that larger residential developments provide adequate recreational amenities. With smaller developments, provision of these amenities is not considered financially feasible, and the required contribution of $500.00 per unit (park impact fee) is considered adequate. It is noted, however, that the South parcel 30.75% of the site will be landscape/open space area and the North parcel 31.17%of of the site will be landscape/open space area. Platting: LDR Section 4.3.3(O)(2) and 5.1.3(A) (Plat required) states that each townhouse, or townhouse type development shall be platted. The plat must be recorded prior to issuance of any building permits, and this is attached as a technical item in Appendix “A.” LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K), as it pertains to the RM (Multiple Family Residential – Medium Density) zoning district: South Parcel Zoning RM (Medium Density – Multiple Family Residential) Required (1&2/3*) Proposed (1&2/3*) Building Setbacks (min.): - Front (east) 25’/30’* 25’-5”/30’-51/2” Interior Side 15’/30’* N/A Side Street (north) 25’/30’* 25’3”/30’1” Side Street (south) 25’/30* 25’2”1/2/30-0” Rear(west) 25-0” 25’-1” Maximum Lot Coverage: 40% 34.11% Open Space: 25% 30.75% Building Height (max.): 35‘ 35’ Minimum Floor Area: 3BR (Unit A) 1,250 sq. ft. 3,973 sq. ft. 3BR (Unit B) 1,250 sq. ft. 4,932 sq. ft. 3BR (Unit C) 1,250 sq. ft. 4,051 sq. ft. Minimum/Maximum Density:** 6-12 units/acre 5 units (10.5 units/acre) Min. Lot Size (sq.ft.) 8,000 sq. ft. 20,744 sq. ft. Min. Lot Frontage (ft.) 60 ft. 128.55 ft. Min. Lot Width (ft.) 60 ft. 128.55 ft. Min. Lot Depth (ft.) 100 ft. 149.92/187.05 ft. SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 6/15 North Parcel Zoning RM (Medium Density – Multiple Family Residential) Required (1&2/3*) Proposed (1&2/3*) Building Setbacks (min.): - Front (east) 25’/30’* 25’-5”/30’-51/2” Interior Side 15’/30’* N/A Side Street (north) 25’/30’* 25’6”/30’4” Side Street (south) 25’/30* 25’2”1/2/30-0” Rear(west) 25-0” 25’-1” Maximum Lot Coverage: 40% 34.03% Open Space: 25% 31.17% Building Height (max.): 35‘ 35’ Minimum Floor Area: 3BR (Unit A) 1,250 sq. ft. 3,973 sq. ft. 3BR (Unit B) 1,250 sq. ft. 4,932 sq. ft. 3BR (Unit C) 1,250 sq. ft. 4,051 sq. ft. Minimum/Maximum Density:** 6-12 units/acre 5 units (10.5 units/acre) Min. Lot Size (sq.ft.) 8,000 sq. ft. 20,7786 sq. ft. Min. Lot Frontage (ft.) 60 ft. 128.89 ft. Min. Lot Width (ft.) 60 ft. 128.89 ft. Min. Lot Depth (ft.) 100 ft. 149.84/187.05 ft. * 1&2/3 = 1st and 2nd Story/ 3rd Story. There is an additional 5’ front setback and 15’ interior side setback for the 3rd story. **Performance standards are applied to density requests over the min. six (6) units per acre. LDR Chapter 4.6 Supplementary District Regulations: Vehicle Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two spaces per unit and one-half a space of guest parking. There are a total of five residential units per buildings and fifteen parking spaces are provided. The parking requirement for the site is (10 units x 2 spaces = 20 spaces/guest space 10 units x .05 = 5 spaces. This is an overall requirement of 25 spaces.) The development proposes one standard guest space in front of the two-car garage for each unit. Thus, there is a parking surplus of five spaces for the overall site. Therefore, the parking requirement is met. Pool Setbacks: LDR Sections 4.6.15(G)(1), a minimum ten foot (10’) setback is required for swimming pools located in the rear, interior or side street setback areas. Swimming pools shall not extend into the front setback area noted in Section 4.3.4(K). SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 7/15 The swimming pools are all located in the rear (west side) and side interiors (north and south) the required setback of 10 feet is met. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1), when an access way intersects a public right-of-way, triangular areas shall provide unobstructed cross-visibility. The area on both sides of a driveway formed by the intersection of a driveway and a street with a length of ten (10) feet along the driveway, a length of 10’ along the street right-of-way and the third side being a line connecting the ends of the other two lines. Visibility triangles for the three access driveways along the street rights-of-way have been depicted and comply with this LDR requirement. Pursuant to LDR Section 4.6.14(B)(2) is the area formed by the intersection of an alley and a street with a length of 10’ along the alley right-of-way, a length of 20’ along the street right of way, and the third side being a line connecting the ends of the other two lines. The north parcel intersects an alley way in which only a 10’ sight visibility is shown on Palm Trail. As a condition of approval, the plans must indicate a 20’ sight visibility on Palm Trail prior to certification. Pursuant to LDR Section 4.6.14(B)(6), in all other situations, the area of property located at a corner formed by the intersection of two or more public rights of way with two sides of the triangular area being 40’ in length along the abutting public right of way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. The south parcel is showing the only required 40’ x 40’ required sight visibility triangle located on the corner of Palm Trail and Witherspoon Lane. The sight visibility triangle located on Palm Trail and McKee Lane and Palm Trail and the north Parcel of Palm Trail and Witherspoon Lane have only proposed 25’ x 25’ sight visibility triangles. Thus the applicant is seeking a waiver from this section of the code. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The elimination of the 40’ x 40’ sight visibility triangle located at the corner of the property on the south parcel of (McKee and Palm Trail) and the north parcel of (Witherspoon and Palm Trail) for 912 Palm Trail will not negatively affect traffic flow, nor present a danger to vehicular traffic or pedestrians. The property is zoned RM and is adjacent to R-1-A and is not highly traveled. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 8/15 supported under similar circumstances and therefore will not result in the granting of a special privilege. Subsequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Right-of-Way: Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for a local street without curb and gutter is 60’ and alleys are 20’. The right-of-way width for Palm Trail, McKee Lane and Witherspoon Lane is 50’. At its meeting of February 9, 2017, the Development Management Service Group (DSMG) approved a reduction of the required right-of-way from 60’ to the existing 50’. In addition, August 11, 2016, DSMG granted a 2.5’ reduction for the alley way on the northern portion of this project. Therefore no additional dedication of right-of-way is required. Sidewalk: Pursuant to LDR Section 6.1.3(B)(1), a 5’ to 8’-wide sidewalk is required along all sides of the street for medium and high density residential Areas. As depicted on the plans, the applicant has opted to build a 5’ wide sidewalk. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. All utilities lines that will serve the subject development shall be placed underground. A condition of approval is attached that a note be added to the plan prior to site plan certification that all service utilities be placed underground. 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 proposed landscaping consists of a mixture of shrubs, trees, and groundcover. The landscaping being provided is more than adequate pursuant to LDR section 4.6.16. There will a minimal removal of trees and the relocation of some sabal and coconut palms. There are proposed trees outside of the property line which will require a landscape maintenance agreement prior to certification of the plans. ARCHITECTURAL ELEVATIONS 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. SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 9/15 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 development proposal consists of the construction of two three-story townhome buildings with two car garages. There are five units on two separate parcels. The building is a Modern Architectural style with cantilevered balconies, horizontal aluminum bronze finished railings, vertical windows with clear glass and bronze frames. The (vertical accents) will be Resysta Veneer and the columns are a Purtain Gray. The walls are a smooth stucco in Extra White. The design incorporates parapet walls with flat roofs and upper terraces with the middle units containing a courtyard. The two car garages are Resysta Veneer and face the right-of-way with a 20’ x 8’ pool in the required 10’ setback enclosed with a 6’ garden wall and 3’ x 6’ aluminum gate in bronze finish; each wall contains a decorative horizontal bronze finish railing. The proposed architectural elevations present design elements that will contribute to the image of the residential area by introducing a development that will maintain the architectural harmony, compatibility and quality of the neighborhood. It will not cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. Based on the above, positive findings with respect to LDR Section 4.6.18(E) can be made. REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(F)(1)(a), Class V Site Plan Modification, a new application for development of vacant land, or for modification of a developed property when no valid site plan of record exists and which requires full review of Performance Standards found in Section 3.1.1. 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: Section 3.1.1 (A), Future Land Use Map: The subject property has a Future Land Use Map designation of MD (Medium Density Residential), and is zoned RM (Medium Density Residential). 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). Since compliance with the Performance Standards has been provided, the proposed density increase to 10.5 units per acre is permitted and appropriate. Section 3.1.1 (B), Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, streets and traffic, sewer, drainage, parks and recreation, open space, and solid waste. SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 10/15 Section 3.1.1 (C), Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D), Compliance with the Land Development Regulations: As described under the Site Plan Analysis Section of this report, a positive finding of compliance with the Land Development Regulations can be made, subject to compliance. Section 2.4.5 (F)(5), Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. Compatibility is not a concern, as similar uses exist on surrounding properties. This multiple family development will be compatible and harmonious with the adjacent and nearby properties and should enhance property values in the area. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies and objectives are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed two three-story townhome building development is appropriate and consistent with the surrounding area. There are existing multi-family residential developments on the adjacent properties to the north, south and west. Thus, the proposed 912 – 914 Palm Trail development can be deemed a compatible and appropriate use for this site. Housing Element Policy A-12.3: 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. There are existing multi-family residential developments on the adjacent properties to the north, south and west. Nuisances such as noise, odors, and dust will not be a factor to the adjacent residential uses. The traffic volumes will be minimal and can be accommodated by the surrounding road network. Thus, the proposal will not negatively impact the stability of the adjacent residential areas. Housing Element Objective B-2: 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 this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 11/15 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. The project will contain ten 3-bedroom units. Thus, the proposed development complies with this policy. NOTICES The development proposal is not located in an area which requires review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), Pineapple Grove Main Street (PGMS) or West Atlantic Redevelopment Coalition (WARC). Courtesy notices have been sent to the following homeowner’s and/or civic associations: • La Hacienda • Palm Trail • Seacrest Neighborhood • Beach Property Owners, Association, Inc. • Del Ida Park Association Letters of objection or support, if any, will be presented at the SPRAB meeting. ASSESSMENT AND CONCLUSION The property consists of 0.953 acres with 13 units and it is currently zoned (RM) Multiple Family. The existing structures were built in 1960. The development proposal consists of the demolition of the two existing buildings and the construction of two fee simple townhome units on separately platted lots. Each individual unit will be a three bedroom town home (the under-air square footages for Unit “A” is 3,973 sq. ft., Unit “B” is 4,932 sq. ft. and Unit “C” is 4,052 sq. ft.). All units will accommodate a two-car garage and swimming pool with a garden wall. The Modern Architectural style of the multi-family building will be aesthetically pleasing, a visual asset and is compatible with existing multi-family developments on adjacent properties to the north, south, and west. The development substantially meets the performance standards in LDR Section 4.4.6. The applicant is seeking a waiver to LDR Section 4.6.14(B)(1); Sight Visibility. Based upon this report including all findings, the proposed development can be found in compliance with applicable requirements in the Land Development Regulations as analyzed in this report with the recommendation of the waiver request to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Class V Site Plan Modification, Landscape Plan, and Architectural Elevations and waiver request for sight visibility for 912 – 914 Palm Trail, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.7(F)(5), LDR Section 2.4.7(B)(5), Chapter 3, Section 4.6.16, and 4.6.18(E). SPRAB 04-12-17 912-914 Palm Trail Class V Site Plan Modification (2017-001) Page 12/15 C. Move denial of the Class V Site Plan Modification, Landscape Plan and Architectural Elevations and waiver request for sight visibility for 912 – 914 Palm Trail, 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(F)(5), LDR Section 2.4.7(B)(5), Chapter 3, Section 4.6.16, and 4.6.18(E). STAFF RECOMMENDATION By Separate Motions: Waiver Request: Move to recommend approval to the City Commission of the waiver to LDR Section 4.6.14(B)(1) to allow the sight visibility triangles located on Palm Trail and McKee Lane and Palm Trail and the north Parcel of Palm Trail and Witherspoon Lane to exist at 25’ x 25’, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Site Plan Move approval of the Class V Site Plan Modification for 912 – 914 Palm Trail, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Pursuant to LDR Section 4.3.3(O)(2) and 5.1.3(A), a plat and/or replat is required. Provide the separate application(s) and processing fee(s) required per LDR Section 2.4.3(K)(1)(l). 2. That a park impact fee of $500.00 per unit ($5,000 total) be paid prior to the issuance of a building permit. 3. Sight Visibility Waiver is approved by the City Commission. 4. That a note be added to the plan prior to site plan certification that all service utilities be placed underground. Landscape Plan Move approval of the Landscape Plan for 912 – 914 Palm Trail, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the condition that a landscape maintenance plan be executed. Architectural Elevations Move approval of the Architectural Elevations for 912 – 914 Palm Trail, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 4.6.18(E). Report Prepared by: Jennifer Buce, Assistant Planner APPENDIX A CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service can be provided to the site through an existing 6” water main along Palm Trail, McKee lane and Witherspoon Lane. There are also several existing 8” sewer lines throughout the neighborhood which can service the new residential units. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service standard at the City’s build-out population based on the current FLUM. Streets and Traffic: A traffic statement through Palm Beach County Traffic Division was provided on November 29, 20-16 it has been determined the proposal development does not have significant peak hour traffic impact on the roadway network and therefore meets the Traffic Performance Standards of Palm Beach County. Parks and Recreation Facilities: Pursuant to Land Development Regulations (LDR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Based upon the proposed units, a park impact fee of $5,000 will be required. Solid Waste: The subject property will consist of 10 new units. Based on a waste generation rate of 0.52 tons per year for apartment and townhome units, the new units will generate an additional 73.63 tons of solid waste per year will result in a property total of 5.2 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 2048. Schools: The Palm Beach County School District has approved the development proposal with respect to compliance with the adopted Level of Service for School Concurrency. Written verification was received on January 31, 2017. Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on-site drainage. Based upon the above, positive findings with respect to this level of service standard can be made. APPENDIX B STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable x Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable 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. 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 Appendix B Standards for Site Plan Actions Page 2 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 a l m T r l N E 8 t h A v e N E 9 t h A v e Bond Way George Bush Blvd S Lake Ave N E 7 t h A v e N F e d e r a l H w y Denery Ln McKee Ln NE 7th Ct Estuary Trl Witherspoon Ln L a k e T r l PLANNING & ZONINGDEPARTMENT 912 Palm Trail LOCATION MAP Subject PropertyN Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\912 Palm Trail.mxd I n t r a c o a s t a l W a t e r w a y COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 C O V E R S H E E T C V R DRAWING INDEX C O D E R E S E A R C H P A L M T R A I L T O W N H O M E S D E L R A Y B E A C H , F L O R I D A D E S I G N P A R A M E T E R S L O C A T I O N M A P C L I E N T R I C H A R D J O N E S A R C H I T E C T U R E 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 . 3 3 4 4 4 T E L E P H O N E : 5 6 1 - 2 7 4 - 9 1 8 6 A R C H I T E C T E N G I N E E R I N G P L U S 1 9 5 2 8 S E D G E F I E L D T E R R A C E B O C A R A T O N , F L 3 3 4 9 8 C E L L : 5 6 1 - 7 5 6 4 1 0 6 F A X : 5 6 1 - 4 7 9 3 7 4 3 S T R U C T U R A L ARCHITECTURALBUILDING THIRD AND ROOF PLAN PROPOSED SITE PLAN CVRSP-1A-2A-3 COVER SHEETNORTH ELEVATIONA-4WEST ELEVATIONA-5TH-A FLOOR PLANS A-7A-9A-10 BUILDING GROUND & SECOND FLOOR PLANA-1A-11 A-8 6 0 F T . ( M A Y U S E L O W R I S E P R O V I S I O N S O F T H E 5 t h A D D I T I O N ( 2 0 1 4 ) F L O R I D A R E S I D E N T I A L C O D E ) B U I L D I N G D E S I G N E D A S B U I L D I N G H E I G H T M E A N R O O F H E I G H T C O M M E R C I A L , I N D U S T R I A L - D E S C R I B E ) O C C U P A N C Y ( S I N G L E F A M I L Y , D U P L E X , M U L T I - F A M I L Y , X E X P O S U R E C O N D I T I O N X C P A R T I A L L Y E N C L O S E D 6 0 F T . ( A S C E 7 - 1 0 C H A P T E R 2 6 ) T E S T E D ( W I N D T U N N E L ) X X S I N G L E F A M I L Y O P E N E N C L O S E D A S C E 7 - 1 0 C H A P T E R 2 6 1 . 0 S E C . R 3 0 1 . 2 . 1 . 4 . 3 5 t h A D D I T I O N ( 2 0 1 4 ) F L O R I D A R E S I D E N T I A L C O D E R O O F D E A D L O A D ( A C T U A L D E A D L O A D O F M A T E R I A L U S E D F O R D E T E R M I N I N G U P L I F T R E A C T I O N S ) N O T E : A C T U A L D E S I G N P R E S S U R E S F O R A L L E X T E R I O R W I N D O W S , D O O R S , G A R A G E D O O R S , A N D S I M I L A R E N V E L O P E E L E M E N T S ( 3 S E C O N D G U S T ) ( 3 S E C O N D G U S T ) S Y S T E M , O R B U I L D I N G E N V E L O P E C O M P O N E N T S A N D C L A D D I N G A S A P P L I C A B L E : V E R I F Y A P P R O P R I A T E P O S I T I V E / N E G A T I V E P R E S S U R E C O E F F I C I E N T S H A V E B E E N A P P L I E D T O M A I N W I N D F O R C E R E S I S T I N G R E V I E W E D F O R S H E A R W A L L R E Q U I R E M E N T S S O I L B E A R I N G C A P A C I T Y M U S T B E I N D I C A T E D O N C O N S T R U C T I O N P L A N S . A S C E 7 - 1 0 C H 2 6 - B A S I C W I N D V E L O C I T Y P R E S S U R E S : 5 t h A D D I T I O N ( 2 0 1 4 ) F L O R I D A R E S I D E N T I A L C O D E W I N D S P E E D U L T I M A T E W I N D S P E E D X 2 5 0 0 P S F N A 1 7 0 Y E S P S F P S F P S F N O ( I F N O , I N D I C A T E R E A S O N ) B A S I C V E L O C I T Y P R E S S U R E B A S I C V E L O C I T Y P R E S S U R E 5 N A 4 0 5t h A D D I T I O N ( 2 0 1 4 ) F L O R I D A R E S I D E N T I A L C O D E - R E F E R T O 5 t h A D D I T I O N ( 2 0 1 4 ) F L O R I D A R E S I D E N T I A L C O D E O R A S C E 7 - 1 0 C H A P T E R 2 6 ) 3 5 ' - 0 " ( F r o m C r o w n o f R o a d ) IM P O R T A N C E F A C T O R ( D E T E R M I N E D B Y B U I L D I N G U S E / O C C U P A N C Y , D A V E B O D K E R L A N D S C A P E A R C H I T E C T U R E 6 0 1 N . C O N G R E S S A V E S U I T E 1 0 5 - A D E L R A Y B E A C H , F L 3 3 4 4 5 C E L L : 5 6 1 - 2 7 6 - 6 3 1 1 F A X : 5 6 1 - 2 7 6 - 3 8 6 9 L A N D S C A P E E N V I R O D E S I G N A S S O C I A T E S , I N C . 2 9 8 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 T E L E P H O N E : 5 6 1 - 2 7 4 - 6 5 0 0 F A X : 5 6 1 - 2 7 4 - 8 5 5 8 C I V I L E N G I N E E R O ' B R I E N , S U I T E R & O ' B R I E N 9 5 5 N . W . 1 7 T H A V E . S U I T E K - 1 D E L R A Y B E A C H , F L 3 3 4 4 5 T E L E P H O N E : 5 6 1 - 2 7 6 - 4 5 0 1 F A X : 5 6 1 - 2 7 6 - 2 3 9 0 L A N D S U R V E Y O R S I T E L O C A T I O N M C K E E N L A N E PALM T R A I L INTRACOASTAL W A T E R W A Y A-6SH O V E L R E A D Y P R O J E C T S , L L C 6 3 0 N O R T H 3 r d S T R E E T P H I L A D E L P H I A , P A 1 9 1 2 3 SITE PLAN SOUTH PARCELSP-2SITE PLAN NORTH PARCELSP-3TH-B FLOOR PLANSTH-C FLOOR PLANS W I T H E R S P O O N L A N E B O N D W A Y NE 9th AVENUE NE 8th AVENUE PALM TRAIL PROPO S E D P R O J E C T : GOVER N I N G C O D E : BUILDI N G H E I G H T : TYPE O F CONST R U C T I O N : BUILDI N G D E S I G N E D : WIND S P E E D : EXPOS U R E : ZONIN G D I S T R I C T : HAZAR D CLASSI F I C A T I O N : REQUI R E D S E T B A C K S : 3 S T O R Y T O W N H O M E B U I L D I N G W I T H ( 2 ) C A R G A R A G E F B C 5 t h E D I T I O N ( 2 0 1 4 ) , F F P C 5 t h E D I T I O N ( 2 0 1 4 ) , N F P A 1 F C 2 0 1 2 E D I T I O N , N F P A 1 0 1 L S C 2 0 1 2 E D I T I O N 3 5 ' - 0 " F R O M C R O W N O F R O A D T Y P E V B S P R I N K L E R E D F O R 3 - S T O R Y T O W N H O M E S E N C L O S E D 1 7 0 M P H U L T I M A T E W I N D S P E E D C R M - M E D I U M H I G H D E N S I T Y O R D I N A R Y H A Z A R D F R O N T S E T B A C K = 2 5 ' - 0 " / 3 0 ' - 0 " R E A R S E T B A C K = 2 5 ' - 0 " S I D E I N T E R I O R S E T B A C K = 1 5 ' - 0 " / 3 0 ' - 0 " S I D E S T R E E T = 2 5 ' - 0 " / 3 0 ' - 0 " P R O V I D E D : F R O N T S E T B A C K = 2 5 ' - 4 " / 3 0 ' - 0 " R E A R S E T B A C K = 2 5 ' - 1 " S I D E I N T E R I O R = N / A S I D E S T R E E T = 2 5 ' - 2 " / 3 0 ' - 1 " CIVILLANDSCAPEPAVING AND DRAINAGE PLAN1 OF 82 OF 83 OF 84 OF 85 OF 8 PAVING AND DRAINAGE DETAILSPAVING AND DRAINAGE DETAILSWATER AND WASTEWATER DETAILSPOLLUTION PREVENTION PLAN1 OF 1COMPOSITE UTILITY PLAN EXISTING TREE PLAN NORTH PARCEL L-1PLANTING PLAN NORTH PARCEL L-2SPECIFICATIONS, DETAILS, NOTES L-3 CVRCOVER SHEETS-1SURVEYWINDOW & DOOR SCHEDULE BUILDING SECTION SOUTH ELEVATIONEAST ELEVATION6 OF 87 OF 88 OF 8 PAVING AND DRAINAGE PLAN SOUTH PARCELPAVING AND DRAINAGE PLAN NORTH PARCELPAVING AND DRAINAGE NOTESL-4L-5L-6 OVERALL PLANTING PLANEXISTING TREE PLAN SOUTH PARCELPLANTING PLAN SOUTH PARCEL C L PROPERTY LINE 128.55' N16°43'28"E.P A L M T R A I L M c K E E L A N E W I T H E R S P O O N L A N E PROPERTY LINE 149.92' N89°54'28"E.PROPERTY LINE123.18' N00°03'44"W. P R O P E R T Y L I N E 1 8 7 . 0 5 ' N 8 9 ° 5 7 ' 0 0 " E . P R O P E R T Y L I N E 1 2 3 . 4 0 ' N 0 0 ° 0 3 ' 1 6 " W . P R O P E R T Y L I N E 1 8 7 . 0 5 ' N 8 9 ° 5 6 ' 4 8 " E . P A L M T R A I L P R O P E R T Y L I N E 1 2 8 . 8 9 ' N 1 6 ° 4 3 ' 2 8 " E . P R O P E R T Y L I N E 1 4 9 . 8 4 ' N 8 9 ° 5 7 ' 0 0 " E . 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y CL C L C L S O U T H P A R C E L N O R T H P A R C E L 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y S O U T H P A R C E L N O R T H P A R C E L P r o p o s e d O v e r a l l S i t e P l a n S c a l e : 1 " = 2 0 ' N O R T H SOUTH PARCEL - Z O N I N G D E S I G N A T I O N : P R O P O S E D P R O J E C T : G O V E R N I N G C O D E S : R M - M E D I U M D E N S I T Y R E S I D E N T I A L P R O P O S E D 3 S T O R Y T O W N H O M E B U I L D I N G F L O R I D A B U I L D I N G C O D E - 2 0 1 4 5 T H E D I T I O N F L O R I D A F I R E P R E V E N T I O N C O D E - 2 0 1 5 E D I T I O N N F P A 1 U F C F L O R I D A 2 0 1 2 E D I T I O N N F P A 1 0 1 L S C F L O R I D A 2 0 1 2 E D I T I O N T Y P E O F C O N S T R U C T I O N : T Y P E V - B ( S P R I N K L E D ) P R O P E R T Y A D D R E S S : 9 1 2 P A L M T R A I L , D E L R A Y B E A C H , F L O R I D A C O D E D A T A P R O J E C T D A T A 1 0 0 % 2 5 ' - 3 " / 3 0 ' - 1 " S Q . F E E T % O F S I T E T O T A L S I T E A R E A T O T A L B U I L D I N G F O O T P R I N T P A R K I N G / P A V E D A R E A S I D E W A L K S / M I S C . W A T E R B O D I E S T O T A L I M P E R V I O U S A R E A T O T A L P E R V I O U S A R E A O P E N S P A C E C I T Y R E Q U I R E M E N T - 6 , 3 7 8 - - - - 2 5 % L O T C O V E R A G E 4 0 % N U M B E R O F D W E L L I N G U N I T S D W E L L I N G U N I T S P E R A C R E 5 U N I T S L E G A L D E S C R I P T I O N S B U I L D I N G D A T A P A R K I N G B R E A K D O W N G A R A G E : = 1 0 S P A C E S T O T A L : = 1 5 S P A C E S - N O C O M P A C T P A R K I N G R E Q U I R E D 3 B E D R O O M U N I T : C A L C U L A T E D A T 2 S P A C E S P E R U N I T = 5 x 2 = 1 0 S P A C E S T O T A L R E Q U I R E D = 1 3 S P A C E S G U E S T P A R K I N G : F O R T H E F I R S T 2 0 U N I T 0 . 5 S P A C E S P E R U N I T = 5 x 0 . 5 = 2 . 5 S P A C E S P A R K I N G P R O V I D E D B U I L D I N G S E T B A C K S P U R S U A N T T O L D R S E C T I O N 4 . 4 . 1 3 ( F ) ( 4 ) F R O N T ( E ) P R O V I D E D I N T E R I O R S I D E S I D E S T R E E T ( N ) R E A R ( W ) H E I G H T R E Q U I R E D 2 5 ' / 3 0 ' 1 5 ' / 3 0 ' 2 5 ' / 3 0 ' 2 5 ' - 0 " 3 5 ' - 0 " 3 5 ' - 0 " D R I V E W A Y : = 0 5 S P A C E S - F U L L S I Z E 1 8 ' X 9 ' 2 0 , 7 4 4 2 5 ' - 5 " / 3 0 ' - 5 1 / 2 " 2 5 ' - 1 " N / A L O T S 8 , 9 , 1 0 A N D 1 1 , F I R S T A D D I T I O N T O K E N M O N T , A C C O R D I N G T O T H E P L A T T H E R E O F A S R E C O R D E D I N P L A T B O O K 2 2 , P A G E 2 4 , O F T H E P U B L I C R E C O R D S O F P A L M B E A C H C O U N T Y , F L O R I D A P . C . N . : 1 2 - 4 3 - 4 6 - 0 9 - 0 9 - 0 0 0 - 0 0 8 0 7 , 0 7 5 3 4 . 1 1 % 7 , 0 7 5 3 4 . 1 1 % 1 0 . 5 U N I T S N / A 1 4 , 3 6 6 6 , 3 7 8 3 0 . 7 5 % 3 0 . 7 5 % 6 9 . 2 5 % N / A 7 , 2 9 1 3 5 . 1 5 % 0 0 % P O O L S E T B A C K S P U R S U A N T T O L D R S E C T I O N 4 . 6 . 1 5 ( G . 1 & 2 ) F R O N T P R O V I D E D I N T E R I O R S I D E S I D E S T R E E T R E A R R E Q U I R E D 2 5 ' 1 0 ' 1 0 ' 1 0 ' N / A 1 0 ' N / A 1 0 ' E A S T N / A N O R T H / S O U T H W E S T POOL20'x8'POOL20'x8'PROPOSED25'x25'SIGHT TRIANGLE40'x 4 0 ' RE Q U I R E D SIG H T T R I A N G L E TH-ATH-BTH-CTH-C S Q . F E E T % O F S I T E T O T A L S I T E A R E A T O T A L B U I L D I N G F O O T P R I N T P A R K I N G / P A V E D A R E A S I D E W A L K S / M I S C . W A T E R B O D I E S T O T A L I M P E R V I O U S A R E A T O T A L P E R V I O U S A R E A O P E N S P A C E - - - - - - 2 5 % L O T C O V E R A G E 4 0 % N U M B E R O F D W E L L I N G U N I T S D W E L L I N G U N I T S P E R A C R E 5 U N I T S B U I L D I N G D A T A P A R K I N G B R E A K D O W N B U I L D I N G S E T B A C K S P U R S U A N T T O L D R S E C T I O N 4 . 4 . 1 3 ( F ) ( 4 ) F R O N T ( E ) P R O V I D E D I N T E R I O R S I D E S I D E S T R E E T ( N ) R E A R ( W ) H E I G H T R E Q U I R E D 2 5 ' / 3 0 ' 1 5 ' / 3 0 ' 2 5 ' / 3 0 ' 2 5 ' - 0 " 3 5 ' - 0 " 3 5 ' - 0 " 2 0 , 7 8 6 2 5 ' - 4 " / 3 0 ' - 4 1 / 2 " 2 5 ' - 1 " N / A 1 0 0 % 2 5 ' - 6 " / 3 0 ' - 4 " 7 , 0 7 5 3 4 . 0 3 % 1 0 . 4 8 U N I T S N / A 1 4 , 3 6 9 6 , 4 1 7 6 , 7 9 6 3 1 . 1 7 % 3 0 . 8 7 % 6 9 . 1 3 % N / A 7 , 2 9 4 3 5 . 0 9 % 0 0 % P O O L S E T B A C K S P U R S U A N T T O L D R S E C T I O N 4 . 6 . 1 5 ( G . 1 & 2 ) F R O N T P R O V I D E D I N T E R I O R S I D E S I D E S T R E E T R E A R R E Q U I R E D 2 5 ' 1 0 ' 1 0 ' 1 0 ' N / A 1 0 ' N / A 1 0 ' E A S T N / A N O R T H / S O U T H W E S T G A R A G E : = 1 0 S P A C E S T O T A L : = 1 8 S P A C E S - N O C O M P A C T P A R K I N G R E Q U I R E D 3 B E D R O O M U N I T : C A L C U L A T E D A T 2 S P A C E S P E R U N I T = 5 x 2 = 1 0 S P A C E S T O T A L R E Q U I R E D = 1 3 S P A C E S G U E S T P A R K I N G : F O R T H E F I R S T 2 0 U N I T 0 . 5 S P A C E S P E R U N I T = 5 x 0 . 5 = 2 . 5 S P A C E S P A R K I N G P R O V I D E D D R I V E W A Y : = 0 5 S P A C E S - F U L L S I Z E 1 8 ' X 9 ' POOL20'x8'PROPOSED±3000 SQ.FT.3-STORYTOWNHOUSEPROPOSED±3000 SQ.FT.3-STORYTOWNHOUSEPROPOSED±3000 SQ.FT.3-STORYTOWNHOUSE TH-A PROPOSED±3000 SQ.FT.3-STORYTOWNHOUSEPROPOSED±3000 SQ.FT.3-STORYTOWNHOUSE P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' 1 0 ' x 1 0 ' R E Q U I R E D S I G H T T R I A N G L E P R O P O S E D 2 5 ' x 2 5 ' S I G H T T R I A N G L E P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' T H - A T H - B T H - C T H - C P O O L 2 0 ' x 8 ' P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E T H - A P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' 7 , 0 7 5 3 4 . 0 3 % 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' 25'-0"REQ.SETBACK 25'-0"REQ. S E T B A C K 10'-0"POOLSETBK. 1 0 ' - 0 " P O O L S E T B K . 24'-11"CENTER OF R/W 25'-0"CENT E R O F R / W 25'-0"REQ. SETBACK 25'-0"REQ. SETBACK 2 5 ' - 0 " R E Q . S E T B A C K 10'-0"POOL SETBK.25'-0"CENTER OF R/W 2 5 ' - 0 " 2 5 ' - 0 " R E Q . S E T B A C K 2 5 ' - 0 " C E N T E R O F R / W 2 5 ' - 0 " R E Q . S E T B A C K 2 5 ' - 0 " R E Q . S E T B A C K 1 0 ' - 0 " P O O L S E T B K . 1 0 ' - 0 " P O O L S E T B K . 1 0 ' - 0 " P O O L S E T B K . 16'-0" DRIVEWAY 16'-0" DRIVEWAY E X I S T I N G M I L T Y - F A M I L Y B U I L D I N G 10'-0"DRAINAGEEASEMENT10'-0"DRAINAGEEASEMENT10'-0"DRAINAGEEASEMENT5'-0"U.E. 10'-0" DRAINAGE EASEMENT 10'-0" DRAINAGE EASEMENT 1 0 ' - 0 " D R A I N A G E E A S E M E N T 5'-0" U.E. 5 ' - 0 " U . E . 5'-0"U.E. 5 ' - 0 " U . E . 7'-0" U.E. 5 ' - 0 " U . E . NORTH PARCEL E X I S T I N G F E N C E 1 0 ' - 0 " D R A I N A G E E A S E M E N T 1 0 ' - 0 " D R A I N A G E E A S E M E N T U N I T S I Z E T A B L E U N I T T Y P E U N I T A ( 3 B E D R O O M ) U N I T B ( 3 B E D R O O M ) U N I T C ( 3 B E D R O O M ) M I N . S T A N D A R D 1 , 2 5 0 S . F . 1 , 2 5 0 S . F . 1 , 2 5 0 S . F . P R O V I D E D 3 , 9 7 3 S . F . 4 , 9 3 2 S . F . 4 , 0 5 1 S . F . U N I T C O U N T 1 0 0 1 0 0 1 0 0 % T O T A L U N I T S 3 3 3 3 3 3 2 5 ' - 2 1 / 2 " / 3 0 ' - 0 " S I D E S T R E E T ( S ) 2 5 ' / 3 0 ' S I D E S T R E E T ( S ) 2 5 ' / 3 0 ' 2 5 ' - 2 1 / 2 " / 3 0 ' - 0 " 50'-0"ULTIMATE RIGHT OF WAY 5 0 ' - 0 " U L T I M A T E R I G H T O F W A Y 50'-0"ULTIMATE RIGHT OF WAY 50'-0" ULTI M A T E R I G H T O F W A Y COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 P R O P O S E D S I T E P L A N S P - 1 1 C L P R O P E R T Y L I N E 1 2 8 . 5 5 ' N 1 6 ° 4 3 ' 2 8 " E . P A L M c K E E L A N E W I T H E R S P O O N L A N E PROPERTY LINE 149.92' N89°54'28"E. P R O P E R T Y L I N E 1 2 3 . 1 8 ' N 0 0 ° 0 3 ' 4 4 " W . P R O P E R T Y L I N E 1 8 7 . 0 5 ' N 8 9 ° 5 7 ' 0 0 " E . P R O P E R T Y L I N E 1 4 9 . 8 4 ' N 8 9 ° 5 7 ' 0 0 " E . CL C L 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' S i t e P l a n S o u t h P a r c e l S c a l e : 1 " = 1 0 ' N O R T H 25'-0"REQ.S E T B A C K 16'-0" DRIVEWAY T H - A T H - B T H - C T H - C T H - A 25'-0"REQ. SETBACK 25'-0"REQ. SETBACK 2 5 ' - 0 " R E Q . S E T B A C K 10'-0"POOL SETBK. 2 5 ' - 0 " C E N T E R O F R / W 25'-0"CENTER OF R/W 25'-0"CENT E R O F R / W P A L M T R A I L M c K E E L A N E P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' CL C L P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E 6 ' H I G H G A R D E N W A L L P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' 6' HIGH GARDEN WALL 6' H I G H G A R D E N W A L L 6' HIGH GARDEN WALL 1 0 ' - 0 " P O O L S E T B A C K 6' HIGH GARDEN WALL 6 ' H I G H G A R D E N W A L L 6' HIGH GARDEN WALL 6' HIGH GARDEN WALL 6' HIGH GARDEN WALL·REFER TO LANDSCAPE DRAWINGS FORLANDSCAPE BUFFER AROUND EQUIPMENT.G.C. TO COORDINATE.·ALL MECHANICAL, ELECTRICAL EQUIPMENTAND DEVICES TO BE INSTALLED ABOVEFEMA FLOOD ELEVATION PER APPLICABLEFLOOD ZONES. G.C. TO COORDINATE WITHALL SUB-CONTRACTORS.·REFER TO CIVIL DRAWINGS FOR ALLEASEMENTS.·7.60' N.G.V.D. LOWEST FINISH FLOOR FORSOUTH AND NORTH PARCEL BUILDINGS.REFER TO CIVIL DRAWINGS CONCRETE STOOP REFERTO STRUCTURALDRAWINGS 25'-5"PROV I D E D S E T B A C K STEPPING STONES REFERTO LANDSCAPE DRAWINGS10'-0"DRAINAGEEASEMENT 5'-0"U.E.16'-0"PROPOSED DRIVEWAY 72" HIGH ALUMINUM FENCEBRONZE FINISH REFER TOLANDSCAPE DRAWINGS72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGSSTEPPING STONES REFERTO LANDSCAPE DRAWINGS36"x72" ALUMINUM GATEBRONZE FINISH. PROVIDESHOP DRAWINGS FORARCHITECTS APPROVAL16'-0"PROPOSED DRIVEWAYSTEPPING STONES REFERTO LANDSCAPE DRAWINGS72" HIGH ALUMINUM FENCEBRONZE FINISH REFER TOLANDSCAPE DRAWINGS 72" HIGH CMU WALL REFERTO STRUCTURAL DRAWINGS 36"x72" ALUMINUM GATEBRONZE FINISH. PROVIDESHOP DRAWINGS FORARCHITECTS APPROVAL 60" WIDE CONCRETESIDEWALK REFER TO CIVILDRAWINGS36"x72" ALUMINUM GATEBRONZE FINISH. PROVIDESHOP DRAWINGS FORARCHITECTS APPROVALPROPOSED 25'x25'SIGHT TRIANGLE 10'-0" DRAINAGE EASEMENT 1 6 ' - 0 " P R O P O S E D D R I V E W A Y 1 6 ' - 0 " P R O P O S E D D R I V E W A Y STEPPING STONES REFERTO LANDSCAPE DRAWINGS 4 0 ' x 4 0 ' R E Q U I R E D S I G H T T R I A N G L E S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S 7 2 " H I G H A L U M I N U M F E N C E B R O N Z E F I N I S H R E F E R T O L A N D S C A P E D R A W I N G S 3 6 " x 7 2 " A L U M I N U M G A T E B R O N Z E F I N I S H . P R O V I D E S H O P D R A W I N G S F O R A R C H I T E C T S A P P R O V A L S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S 5'-0" U.E. 10'-0" DRAINAGE EASEMENT 6 0 " W I D E C O N C R E T E S I D E W A L K R E F E R T O C I V I L D R A W I N G S 16'-0" PROPOSED DRIVEWAY 6 0 " W I D E C O N C R E T E S I D E W A L K R E F E R T O C I V I L D R A W I N G S S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S 7 2 " H I G H A L U M I N U M F E N C E B R O N Z E F I N I S H R E F E R T O L A N D S C A P E D R A W I N G S 3 6 " x 7 2 " A L U M I N U M G A T E B R O N Z E F I N I S H . P R O V I D E S H O P D R A W I N G S F O R A R C H I T E C T S A P P R O V A L 1 0 ' - 0 " D R A I N A G E E A S E M E N T 10'-0"POOL SETBACK 5 ' - 0 " U . E . 7 ' - 2 " 8 ' - 0 " 4 ' - 2 " 1 1 ' - 5 " 8 ' - 0 " 7 ' - 6 " 7'-2"8'-0"4'-0"4'-10" ( B Y O T H E R S U . S . P . ) ( B Y O T H E R S U . S . P . ) ( B Y O T H E R S U . S . P . ) ( B Y O T H E R S U . S . P . ) 7'-2"8'-0"4'-0"4'-10" 8'-10"4'-0" 2 0 ' - 0 " 7 ' - 0 " 6 ' - 8 " 7 ' - 0 " 2 0 ' - 0 " 4 ' - 0 " 8 ' - 1 0 " 5 ' - 1 1 " 5'-11" 4'-2"20'-0"8'-2" 10'-11"20'-0"4'-7" 60" WIDE CONCRETESIDEWALK REFER TO CIVILDRAWINGS 1 0 ' x 1 0 ' S I G H T T R I A N G L E T Y P I C A L 10'x10' SIGHTTRIANGLE TYPICAL10'x10' SIGHTTRIANGLETYPICAL10'x10' SIGHT TRIANGLETYPICAL72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGS POOL EQUIPMENT & HEATERPOOL EQUIPMENT &HEATER P O O L E Q U I P M E N T & H E A T E R P O O L E Q U I P M E N T & H E A T E R P O O L E Q U I P M E N T & H E A T E R 25'-212"PROVIDED SETBACK 2 5 ' - 3 " P R O V I D E D S E T B A C K 2 5 ' - 1 " PROVIDED SETBACK12'-6" 1 2 ' - 6 " 4'-0" POOL20'x8'(BY OTHERSU.S.P.)3'-0"8'-0"20'-0"7'-10"4'-4"8'-0"7'-0"50'-0"ULTIMATE RIGHT OF WAY 5 0 ' - 0 " U L T I M A T E R I G H T O F W A Y 50'-0"ULTIMATE RIGHT OF WAY COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 S I T E P L A N S O U T H P A R C E L S P - 2 C LW I T H E R S P O O N L A N EPROPERTY LINE 187.05' N89°57'00"E. P R O P E R T Y L I N E 1 2 3 . 4 0 ' N 0 0 ° 0 3 ' 1 6 " W . P R O P E R T Y L I N E 1 8 7 . 0 5 ' N 8 9 ° 5 6 ' 4 8 " E . P A L M P R O P E R T Y L I N E 1 2 8 . 8 9 ' N 1 6 ° 4 3 ' 2 8 " E . PROPERTY LINE 149.84' N89°57'00"E. 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y C L SOUTH PARCELNORTH PARCEL 1 5 . 0 0 ' P L A T T E D A L L E Y R I 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y 2 5 ' - 0 " R E Q . S E T B A C K T H - A T H - B T H - C T H - C T H - A 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' S i t e P l a n N o r t h P a r c e l S c a l e : 1 " = 1 0 ' N O R T H 25'-0"REQ.S E T B A C K 16'-0" DRIVEWAY 25'-0"REQ. SETBACK 1 0 ' - 0 " P O O L S E T B K . 25'-0"CENT E R O F R / W 1 0 ' x 1 0 ' R E Q U I R E D S I G H T T R I A N G L E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E 6' HIGH GARDEN WALL/FENCE 6 ' H I G H G A R D E N W A L L 6' HIGH GARDEN WALL 6 ' H I G H G A R D E N W A L L / F E N C E 1 0 ' - 0 " P O O L S E T B A C K 6' HIGH GARDEN WALL 6 ' H I G H G A R D E N W A L L 6 ' H I G H G A R D E N W A L L 6' HIGH GARDEN WALL 6' HIGH GARDEN WALL 1 0 ' - 0 " 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 25'-5"SETB A C K P R O V I D E D STEPPING STONESREFER TO LANDSCAPEDRAWINGS 72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGSSTEPPING STONES REFERTO LANDSCAPE DRAWINGS36"x72" ALUMINUM GATEBRONZE FINISH. PROVIDE SHOPDRAWINGS FOR ARCHITECTSAPPROVALSTEPPING STONES REFERTO LANDSCAPE DRAWINGS72" HIGH ALUMINUM FENCEBRONZE FINISH REFER TOLANDSCAPE DRAWINGS 72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGS 36"x72" ALUMINUM GATEBRONZE FINISH.PROVIDE SHOPDRAWINGS FORARCHITECTS APPROVAL 60" WIDE CONCRETESIDEWALK REFER TO CIVILDRAWINGS36"x72" ALUMINUM GATEBRONZE FINISH. PROVIDESHOP DRAWINGS FORARCHITECTS APPROVALPROPOSED 25'x25'SIGHT TRIANGLESTEPPING STONES REFERTO LANDSCAPE DRAWINGS 1 0 ' x 1 0 ' R E Q U I R E D S I G H T T R I A N G L E S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S 7 2 " H I G H A L U M I N U M F E N C E B R O N Z E F I N I S H R E F E R T O L A N D S C A P E D R A W I N G S 3 6 " x 7 2 " A L U M I N U M G A T E B R O N Z E F I N I S H . P R O V I D E S H O P D R A W I N G S F O R A R C H I T E C T S A P P R O V A L S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S 7 2 " H I G H A L U M I N U M F E N C E B R O N Z E F I N I S H R E F E R T O L A N D S C A P E D R A W I N G S 3 6 " x 7 2 " A L U M I N U M G A T E B R O N Z E F I N I S H . P R O V I D E S H O P D R A W I N G S F O R A R C H I T E C T S A P P R O V A L 7'-2"8'-0"4'-0"4'-10" 7'-2"8'-0"4'-0"4'-10" 8'-10" 4 ' - 0 " 2 0 ' - 0 " 7 ' - 0 " 6 ' - 8 " 7 ' - 0 " 2 0 ' - 0 " 4 ' - 0 " 8 ' - 1 0 " 6 ' - 1 3 4 " 5'-11" 7 ' - 2 " 8 ' - 0 " 1 1 ' - 5 " 8 ' - 0 " 8 ' - 2 " 4'-2"20'-0"8'-2" 8'-5"20'-0"4'-7" 1 0 ' - 0 " D R A I N A G E E A S E M E N T 5'-0"U.E.16'-0"PROPOSED DRIVEWAY10'-0"POOL SETBACK 10'-0" DRAINAGE EASEMENT 1 6 ' - 0 " P R O P O S E D D R I V E W A Y 1 6 ' - 0 " P R O P O S E D D R I V E W A Y 10'-0" DRAINAGE EASEMENT 5'-0" U.E. 5 ' - 0 " U . E . 7'-0" U.E. 72" HIGH ALUM,INUM FENCEBRONZE FINISH. REFER TOLANDSCAPE DRAWINGS 72" ALUMINUM FENCE BRONZEFINISH. REFER TO LANDSCAPEDRAWINGS · R E F E R T O L A N D S C A P E D R A W I N G S F O R L A N D S C A P E B U F F E R A R O U N D E Q U I P M E N T . G . C . T O C O O R D I N A T E . · A L L M E C H A N I C A L , E L E C T R I C A L E Q U I P M E N T A N D D E V I C E S T O B E I N S T A L L E D A B O V E F E M A F L O O D E L E V A T I O N P E R A P P L I C A B L E F L O O D Z O N E S . G . C . T O C O O R D I N A T E W I T H A L L S U B - C O N T R A C T O R S . · R E F E R T O C I V I L D R A W I N G S F O R A L L E A S E M E N T S . · 7 . 6 0 ' N . G . V . D . L O W E S T F I N I S H F L O O R F O R S O U T H A N D N O R T H P A R C E L B U I L D I N G S . R E F E R T O C I V I L D R A W I N G S 10'x10' SIGHTTRIANGLETYPICAL10'x10' SIGHTTRIANGLETYPICAL10'x10' SIGHT TRIANGLETYPICAL72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGS 1 0 ' x 1 0 ' S I G H T T R I A N G L E T Y P I C A L 1 0 ' x 1 0 ' S I G H T T R I A N G L E T Y P I C A L P O O L E Q U I P M E N T & H E A T E R P O O L E Q U I P M E N T & H E A T E R P O O L E Q U I P M E N T & H E A T E R POOL EQUIPMENT & HEATERPOOL EQUIPMENT & HEATER 25'-2 1 2 " PROVIDED S E T B A C K 2 5 ' - 6 " P R O V I D E D S E T B A C K 2 5 ' - 1 " P R O V I D E D S E T B A C K 1 2 ' - 6 " 1 2 ' - 6 " 4'-0" 2'-6" 3'-0"8'-0"20'-0"7'-10" 4'-4"8'- 0 " 7 ' - 0 " P O O L 2 0 ' x 8 ' ( B Y O T H E R S U . S . P . ) P O O L 2 0 ' x 8 ' (BY O T H E R S U. S . P . ) P O O L 2 0 ' x 8 ' ( B Y O T H E R S U . S . P . ) P O O L 2 0 ' x 8 ' ( B Y O T H E R S U . S . P . ) P O O L 2 0 ' x 8 ' ( B Y O T H E R S U . S . P . ) 50'-0"ULTIMATE RIGHT OF WAY50'-0"ULTIMATE RIGHT OF WAY 4 ' - 2 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 S I T E P L A N N O R T H P A R C E L S P - 3 Second Floor PlanSca l e : 1 / 8 " = 1 ' - 0 " N O R T H G r o u n d F l o o r P l a n S c a l e : 1 / 8 " = 1 ' - 0 " N O R T H TH-CTH- C TH-B T H - B T H - C T H - C T H - A T H - A TH-ATH-A 36'-4"36'-4 " 72'-8" 3 6 ' - 4 " 3 6 ' - 4 " 7 2 ' - 8 " 40'-3"36'-4"40'-2" 40'-3"25'-8"40'-2"106'-1" 116'-9" 40'-3"36'-4"40'-2" 116'-9" 40'-3"25'-8"40'-2" 106'-1" 36'-0"36'- 8 " 3 6 ' - 0 " 3 6 ' - 8 " 1 A - 5 1 A - 5 1 A - 5 1 A - 5 COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 B U I L D I N G G R O U N D & S E C O N D F L O O R P L A N A - 1 Upper Roof PlanSca l e : 1 / 8 " = 1 ' - 0 " N O R T H T h i r d F l o o r P l a n S c a l e : 1 / 8 " = 1 ' - 0 " N O R T H T H - C T H - C T H - B T H - A T H - A 3 1 ' - 6 " 3 1 ' - 6 " 6 3 ' - 0 " 40'-3"36'-4"36'-2" 112'-9" 40'-3"25'-8"36'-2" 102'-1" 3 1 ' - 2 " 3 1 ' - 1 0 " T.O.ROOF SLABELEV.+33'-0" 1 A - 5 1 A - 5 1 A - 5 1 A - 5 3 0 ' - 0 " R E Q U I R E D U P P E R F L O O R S E T B A C K T O B U I L D I N G E N C L O S E D S T R U C T U R E 30'-0" REQUIRED UPPER FLOOR SETBACK TO BUILDING ENCLOSED STRUCTURE 30'-0" REQUIRED UPPER FLOOR SETBACK TO BUILDING ENCLOSED STRUCTURE 30'-0" REQUIRED UPPER FLOOR SETBACKTO BUILDING ENCLOSED STRUCTURE 3 0 ' - 0 " R E Q U I R E D T H I R D F L O O R S E T B A C K T O B U I L D I N G E N C L O S E D S T R U C T U R E 30'-0" REQUIRED THIRD FLOOR SETBACK TO BUILDING ENCLOSED STRUCTURE 30'-0" REQUIRED THIRD FLOOR SETBACK TO BUILDING ENCLOSED STRUCTURE P R O P E R T Y L I N E 3 0 ' - 1 " P R O V I D E D S E T B A C K @ T H I R D F L O O R PROPERTY LINE PROPERTY LINE 3 0 ' - 0 " P R O V I D E D S E T B A C K @ T H I R D F L O O R 30'-51 2"PROV I D E D S E T B A C K @ THI R D F L O O R COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 B U I L D I N G T H I R D & R O O F P L A N A - 2 1 1 1 1 1 1 L I G H T F I X T U R E ( B U I L D E R S E L E C T E D ) S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " J H G F E D C A B E L E V A T I O N N O T E S M A S O N R Y G A R D E N W A L L W / S M O O T H S T U C C O F I N I S H . R E F E R T O S T R U C T U R A L D R A W I N G S . P A I N T E D W / " E X T R A W H I T E S W - 7 0 0 6 " F L U S H P A N E L M E T A L D O O R W I T H R E S Y S T A A P P L I E D M A T E R I A L . R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O I M P A C T R E S I S T A N T D O O R S A N D W I N D O W S W / B R O N Z E F R A M E . R E F E R T O D O O R A N D W I N D O W S C H E D U L E P R O V I D E N . O . A . F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L 8 " T H I C K C O N C R E T E E Y E B R O W . R E F E R T O S T R U C T U R A L D W G S . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 8 " R E S Y S T A A P P L I E D M A T E R I A L F V G C 2 3 A G E D T E A K . ( S A M P L E T O B E P R O V I D E D F O R A R C H I T E C T S A P P R O V A L P R I O R T O O R D E R I N G ) R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O 3 9 " H I G H A L U M I N U M R A I L B R O N Z E F I N I S H . B Y S O U T H F L O R I D A A L U M . P R O V I D E S H O P D R A W I N G F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L P A R A P E T W A L L W / S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " K 8 " x 8 " P O U R E D C O N C R E T E C O L U M N & B E A M S S M O O T H F I N I S H . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 2 n d F I N I S H F L O O R E L E V : 1 1 ' - 8 " 1 s t F I N I S H F L O O R E L E V : 0 ' - 0 " N o r t h E l e v a t i o n S c a l e : 3 / 1 6 " = 1 ' - 0 " T . O . A V E R A G E C R O W N O F R O A D E L E V : - 2 ' - 0 " A V E R A G E C R O W N O F R O A D E L . + 5 . 6 0 ' T . O . W I N D O W S E L E V : 1 9 ' - 8 " T . O . W I N D O W S E L E V : 9 ' - 0 " 3 r d F I N I S H F L O O R E L E V : 2 2 ' - 4 " T . O . W I N D O W S E L E V : 3 0 ' - 4 " T . O . R O O F S L A B E L E V : 3 3 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 5 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 6 ' - 8 " KAHABKHED B A K H E F D B G G J C N o r t h E l e v a t i o n W / G a r d e n W a l l S c a l e : 3 / 1 6 " = 1 ' - 0 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 N O R T H E L E V A T I O N A - 3 L I G H T F I X T U R E ( B U I L D E R S E L E C T E D ) S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " J H G F E D C A B E L E V A T I O N N O T E S M A S O N R Y G A R D E N W A L L W / S M O O T H S T U C C O F I N I S H . R E F E R T O S T R U C T U R A L D R A W I N G S . P A I N T E D W / " E X T R A W H I T E S W - 7 0 0 6 " F L U S H P A N E L M E T A L D O O R W I T H R E S Y S T A A P P L I E D M A T E R I A L . R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O I M P A C T R E S I S T A N T D O O R S A N D W I N D O W S W / B R O N Z E F R A M E . R E F E R T O D O O R A N D W I N D O W S C H E D U L E P R O V I D E N . O . A . F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L 8 " T H I C K C O N C R E T E E Y E B R O W . R E F E R T O S T R U C T U R A L D W G S . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 8 " R E S Y S T A A P P L I E D M A T E R I A L F V G C 2 3 A G E D T E A K . ( S A M P L E T O B E P R O V I D E D F O R A R C H I T E C T S A P P R O V A L P R I O R T O O R D E R I N G ) R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O 3 9 " H I G H A L U M I N U M R A I L B R O N Z E F I N I S H . B Y S O U T H F L O R I D A A L U M . P R O V I D E S H O P D R A W I N G F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L P A R A P E T W A L L W / S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " K 8 " x 8 " P O U R E D C O N C R E T E C O L U M N & B E A M S S M O O T H F I N I S H . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 2 n d F I N I S H F L O O R E L E V : 1 1 ' - 8 " 1 s t F I N I S H F L O O R E L E V : 0 ' - 0 " W e s t E l e v a t i o n S c a l e : 3 / 1 6 " = 1 ' - 0 " T . O . A V E R A G E C R O W N O F R O A D E L E V : - 2 ' - 0 " A V E R A G E C R O W N O F R O A D E L . + 5 . 6 0 ' T . O . W I N D O W S E L E V : 1 9 ' - 8 " T . O . W I N D O W S E L E V : 9 ' - 0 " 3 r d F I N I S H F L O O R E L E V : 2 2 ' - 4 " T . O . W I N D O W S E L E V : 3 0 ' - 4 " 35'-0"3'-8" T . O . R O O F S L A B E L E V : 3 3 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 5 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 6 ' - 8 " G J K H H B 1 H E B A H J K GJKHHBBHEBAH J KLIGHT FIXTURE BY HINKLEY (2924 PS-GU24) W e s t E l e v a t i o n W / G a r d e n W a l l S c a l e : 3 / 1 6 " = 1 ' - 0 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 W E S T E L E V A T I O N A - 4 L I G H T F I X T U R E ( B U I L D E R S E L E C T E D ) S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " J H G F E D C A B E L E V A T I O N N O T E S M A S O N R Y G A R D E N W A L L W / S M O O T H S T U C C O F I N I S H . R E F E R T O S T R U C T U R A L D R A W I N G S . P A I N T E D W / " E X T R A W H I T E S W - 7 0 0 6 " F L U S H P A N E L M E T A L D O O R W I T H R E S Y S T A A P P L I E D M A T E R I A L . R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O I M P A C T R E S I S T A N T D O O R S A N D W I N D O W S W / B R O N Z E F R A M E . R E F E R T O D O O R A N D W I N D O W S C H E D U L E P R O V I D E N . O . A . F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L 8 " T H I C K C O N C R E T E E Y E B R O W . R E F E R T O S T R U C T U R A L D W G S . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 8 " R E S Y S T A A P P L I E D M A T E R I A L F V G C 2 3 A G E D T E A K . ( S A M P L E T O B E P R O V I D E D F O R A R C H I T E C T S A P P R O V A L P R I O R T O O R D E R I N G ) R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O 3 9 " H I G H A L U M I N U M R A I L B R O N Z E F I N I S H . B Y S O U T H F L O R I D A A L U M . P R O V I D E S H O P D R A W I N G F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L P A R A P E T W A L L W / S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " K 8 " x 8 " P O U R E D C O N C R E T E C O L U M N & B E A M S S M O O T H F I N I S H . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 2 n d F I N I S H F L O O R E L E V : 1 1 ' - 8 " 1 s t F I N I S H F L O O R E L E V : 0 ' - 0 " S o u t h E l e v a t i o n S c a l e : 3 / 1 6 " = 1 ' - 0 " T . O . A V E R A G E C R O W N O F R O A D E L E V : - 2 ' - 0 " A V E R A G E C R O W N O F R O A D E L . + 5 . 6 0 ' T . O . W I N D O W S E L E V : 1 9 ' - 8 " T . O . W I N D O W S E L E V : 9 ' - 0 " 3 r d F I N I S H F L O O R E L E V : 2 2 ' - 4 " T . O . W I N D O W S E L E V : 3 0 ' - 4 " T . O . R O O F S L A B E L E V : 3 3 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 5 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 6 ' - 8 " H K A B E D G J GBHBHFEAD A K C A S o u t h E l e v a t i o n W / G a r d e n W a l l S c a l e : 3 / 1 6 " = 1 ' - 0 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 S O U T H E L E V A T I O N A - 5 L I G H T F I X T U R E ( B U I L D E R S E L E C T E D ) S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " J H G F E D C A B E L E V A T I O N N O T E S M A S O N R Y G A R D E N W A L L W / S M O O T H S T U C C O F I N I S H . R E F E R T O S T R U C T U R A L D R A W I N G S . P A I N T E D W / " E X T R A W H I T E S W - 7 0 0 6 " F L U S H P A N E L M E T A L D O O R W I T H R E S Y S T A A P P L I E D M A T E R I A L . R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O I M P A C T R E S I S T A N T D O O R S A N D W I N D O W S W / B R O N Z E F R A M E . R E F E R T O D O O R A N D W I N D O W S C H E D U L E P R O V I D E N . O . A . F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L 8 " T H I C K C O N C R E T E E Y E B R O W . R E F E R T O S T R U C T U R A L D W G S . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 8 " R E S Y S T A A P P L I E D M A T E R I A L F V G C 2 3 A G E D T E A K . ( S A M P L E T O B E P R O V I D E D F O R A R C H I T E C T S A P P R O V A L P R I O R T O O R D E R I N G ) R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O 3 9 " H I G H A L U M I N U M R A I L B R O N Z E F I N I S H . B Y S O U T H F L O R I D A A L U M . P R O V I D E S H O P D R A W I N G F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L P A R A P E T W A L L W / S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " K 8 " x 8 " P O U R E D C O N C R E T E C O L U M N & B E A M S S M O O T H F I N I S H . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % LIGHT FIXTURE BY HINKLEY (2924 PS-GU24) 2 n d F I N I S H F L O O R E L E V : 1 1 ' - 8 " 1 s t F I N I S H F L O O R E L E V : 0 ' - 0 " E a s t E l e v a t i o n S c a l e : 3 / 1 6 " = 1 ' - 0 " T . O . A V E R A G E C R O W N O F R O A D E L E V : - 2 ' - 0 " A V E R A G E C R O W N O F R O A D E L . + 5 . 6 0 ' T . O . W I N D O W S E L E V : 1 9 ' - 8 " T . O . W I N D O W S E L E V : 9 ' - 0 " 3 r d F I N I S H F L O O R E L E V : 2 2 ' - 4 " T . O . W I N D O W S E L E V : 3 0 ' - 4 " T . O . R O O F S L A B E L E V : 3 3 ' - 0 " 35'-0" T . O . P A R A P E T W A L L E L E V : 3 5 ' - 0 " 3'-8" T . O . P A R A P E T W A L L E L E V : 3 6 ' - 8 " K H J H A K H A E 1 D F B G KHAHAKHAEHDF B G E a s t E l e v a t i o n W / G a r d e n W a l l S c a l e : 3 / 1 6 " = 1 ' - 0 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 E A S T E L E V A T I O N A - 6 L I G H T F I X T U R E ( B U I L D E R S E L E C T E D ) S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " J H G F E D C A B E L E V A T I O N N O T E S M A S O N R Y G A R D E N W A L L W / S M O O T H S T U C C O F I N I S H . R E F E R T O S T R U C T U R A L D R A W I N G S . P A I N T E D W / " E X T R A W H I T E S W - 7 0 0 6 " F L U S H P A N E L M E T A L D O O R W I T H R E S Y S T A A P P L I E D M A T E R I A L . R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O I M P A C T R E S I S T A N T D O O R S A N D W I N D O W S W / B R O N Z E F R A M E . R E F E R T O D O O R A N D W I N D O W S C H E D U L E P R O V I D E N . O . A . F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L 8 " T H I C K C O N C R E T E E Y E B R O W . R E F E R T O S T R U C T U R A L D W G S . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 8 " R E S Y S T A A P P L I E D M A T E R I A L F V G C 2 3 A G E D T E A K . ( S A M P L E T O B E P R O V I D E D F O R A R C H I T E C T S A P P R O V A L P R I O R T O O R D E R I N G ) R E F E R T O M A N U F A C T U R E S S P E C S F O R I N S T A L L A T I O N I N F O 3 9 " H I G H A L U M I N U M R A I L B R O N Z E F I N I S H . B Y S O U T H F L O R I D A A L U M . P R O V I D E S H O P D R A W I N G F O R A R C H I T E C T S R E V I E W A N D A P P R O V A L P A R A P E T W A L L W / S M O O T H S T U C C O F I N I S H . P A I N T E D C O L O R " E X T R A W H I T E S W - 7 0 0 6 " K 8 " x 8 " P O U R E D C O N C R E T E C O L U M N & B E A M S S M O O T H F I N I S H . P A I N T E D C O L O R B . M . H C 1 6 4 P U R I T A N G R A Y 5 0 % 2 n d F I N I S H F L O O R E L E V : 1 1 ' - 8 " 1 s t F I N I S H F L O O R E L E V : 0 ' - 0 " B u i l d i n g S e c t i o n 1 S c a l e : 3 / 1 6 " = 1 ' - 0 " T . O . A V E R A G E C R O W N O F R O A D E L E V : - 2 ' - 0 " A V E R A G E C R O W N O F R O A D E L . + 5 . 6 0 ' T . O . W I N D O W S E L E V : 1 9 ' - 8 " T . O . W I N D O W S E L E V : 9 ' - 0 " 3 r d F I N I S H F L O O R E L E V : 2 2 ' - 4 " T . O . W I N D O W S E L E V : 3 0 ' - 4 " T . O . R O O F S L A B E L E V : 3 3 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 5 ' - 0 " T . O . P A R A P E T W A L L E L E V : 3 6 ' - 8 " 10'-0" CEILING HEIGHT 9'-0" CEILING HEIGHT 9'-0" CEILING HEIGHT 10'-0"CEILING HEIGHT 9'-0"CEILING HEIGHT 9'-0"CEILING HEIGHT 10'-0" CEILING HEIGHT 9'-0" CEILING HEIGHT 9'-0" CEILING HEIGHT G R O U N D F L O O R T H - B G R O U N D F L O O R T H - A GROUND FLOORTH-C S E C O N D F L O O R T H - B S E C O N D F L O O R T H - A SECOND FLOORTH-C T H I R D F L O O R T H - B T H I R D F L O O R T H - A THIRD FLOORTH-C ( E L E V . + 7 . 6 0 ' N . G . V . D . ) 11'-8"10'-8"10'-8" COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 B U I L D I N G S E C T I O N A - 7 T H - A : G r o u n d F l o o r P l a n S c a l e : 3 / 1 6 " = 1 ' - 0 " TH-A: Second Floor Plan S c a l e : 3 / 1 6 " = 1 ' - 0 " TH-A: Third Floor Plan S c a l e : 3 / 1 6 " = 1 ' - 0 " 9 6 7 S Q . F T . A R E A C A L C U L A T I O N S S E C O N D F L O O R A / C 1 , 2 2 0 S Q . F T . T H I R D F L O O R A / C 8 2 6 S Q . F T . T O T A L A / C 3 , 0 1 3 S Q . F T . G A R A G E 4 0 3 S Q . F T . B A L C O N I E S 2 3 5 S Q . F T . O P E N T E R R A C E 2 1 0 S Q . F T . T O T A L A R E A 3 , 9 7 3 S Q . F T . E Q U I P M E N T A R E A 1 1 2 S Q . F T . G R O U N D F L O O R A / C G r e a t R o o m 3 8 ' - 7 " x 2 1 ' - 0 " / 1 5 ' - 3 " C E I L I N G H E I G H T : 1 0 ' - 0 " 2 C a r G a r a g e 1 9 ' - 6 " x 1 9 ' - 6 " C E I L I N G H E I G H T : 1 1 ' - 0 " 2 S t o r y F o y e r C L G H T : 2 1 ' - 0 " P w d r . U P UPDNDN PANTRY48"REF DBL.SINKDW 48" RANGE W/HOOD E L E V . OpentoBelow OpentoBelow Master Suite18'-0" x 17'-1"CEILING HEIGHT: 9'-0"Suite - 212'-11" x 12'-4"CEILING HEIGHT: 9'-0"HisClosetCLG HT: 9'-0"HerClosetCLG HT: 9'-0"MasterBathCLG HT: 9'-0"W.I.C.CLG HT: 9'-0"W.I.C.CLG HT: 9'-0"BathCLG HT: 9'-0"BathCLG HT: 9'-0"WASHDRYBalconyBalcony BalconyELEV.ELEV.Club Room15'-11" x 21'-0"CEILING HEIGHT: 9'-0"Suite - 313'-9" x 13'-2"CEILING HEIGHT: 9'-0"Open Terrace12'-6" x 16'-4" F I N I S H F L O O R E L E V : 0 ' - 0 " FINISH FLOORELEV: 11'-8"FINISH FLOORELEV: 22'-4" 2 A 1 3 6 77812BCDBCD R O L L O U T B I N S 1 9 ' - 6 " 19'-6" COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 T H - A F L O O R P L A N S A - 8 1 1 T H - B G r o u n d F l o o r P l a n S c a l e : 3 / 1 6 " = 1 ' - 0 " TH-B: Third Floor PlanScale: 3/16"=1'-0" T H - B : S e c o n d F l o o r P l a n S c a l e : 3 / 1 6 " = 1 ' - 0 " 2 C a r G a r a g e 2 0 ' - 0 " x 2 0 ' - 2 " C E I L I N G H E I G H T : 1 1 ' - 0 " F o y e r C L G H T : 1 0 ' - 0 " P w d r . G r e a t R o o m 3 6 ' - 0 " x 1 8 ' - 8 " C E I L I N G H E I G H T : 1 0 ' - 0 " PANTRY48"REF DBL.SINKDW 48" RANGE W/HOOD P a n t r y C L G H T : 1 0 ' - 0 " E L E V . E L E V . ELEV. M a s t e r S u i t e 1 6 ' - 0 " x 1 8 ' - 8 " C E I L I N G H E I G H T : 9 ' - 0 " S u i t e - 2 1 9 ' - 1 " x 1 3 ' - 7 " C E I L I N G H E I G H T : 9 ' - 0 " H i s C l o s e t C L G H T : 9 ' - 0 " H e r C l o s e t C L G H T : 9 ' - 0 " M a s t e r B a t h C L G H T : 9 ' - 0 " O p e n t o B e l o w U P D N U P DN W . I . C . C L G H T : 9 ' - 0 " W.I.C.CLG HT: 9'-0" B a t h C L G H T : 9 ' - 0 " BathCLG HT: 9'-0"Club Room21'-8" x 14'-0"CEILING HEIGHT: 9'-0"Suite - 319'-8" x 13'-7"CEILING HEIGHT: 9'-0" B a l c o n y Balcony B a l c o n y Open Terrace19'-8" x 13'-9"EquipmentArea10'-1" x 10'-7" 1 , 1 2 7 S Q . F T . A R E A C A L C U L A T I O N S S E C O N D F L O O R A / C 1 , 5 4 1 S Q . F T . T H I R D F L O O R A / C 1 , 0 1 7 S Q . F T . T O T A L A / C 3 , 6 8 5 S Q . F T . G A R A G E 4 4 1 S Q . F T . B A L C O N I E S 2 2 4 S Q . F T . O P E N T E R R A C E 4 7 1 S Q . F T . T O T A L A R E A 4 , 9 3 2 S Q . F T . E Q U I P M E N T A R E A 1 1 1 S Q . F T . G R O U N D F L O O R A / C AHU#3 A H U # 2 AHU#1 WASH DRY MEDIA WALL FINISH FLOORELEV: 22'-4" F I N I S H F L O O R E L E V : 0 ' - 0 " F I N I S H F L O O R E L E V : 1 1 ' - 8 " 1 4 5 7 9 1 0 1 0 7 1011 E F G GFH ROLL OUT BINS 2 0 ' - 0 " 20'-2" COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 T H - B F L O O R P L A N S A - 9 1 1 DN DNUP ELEV.WASHAHU#2 SEATDRY U P PANTRY48"REF DBL.SINKDW 48" RANGE W/HOOD 9 7 1 S Q . F T . A R E A C A L C U L A T I O N S S E C O N D F L O O R A / C 1 , 2 6 5 S Q . F T . T H I R D F L O O R A / C 7 8 8 S Q . F T . T O T A L A / C 3 , 0 2 4 S Q . F T . G A R A G E 4 1 5 S Q . F T . B A L C O N I E S 2 3 5 S Q . F T . O P E N T E R R A C E 2 6 9 S Q . F T . T O T A L A R E A 4 , 0 5 1 S Q . F T . E Q U I P M E N T A R E A 1 0 8 S Q . F T . G R O U N D F L O O R A / C OpentoBelowTH-C: Third Floor Plan S c a l e : 3 / 1 6 " = 1 ' - 0 " TH-C: Second Floor Plan S c a l e : 3 / 1 6 " = 1 ' - 0 " T H - C : G r o u n d F l o o r P l a n S c a l e : 3 / 1 6 " = 1 ' - 0 " Master Suite18'-0" x 13'-9"CEILING HEIGHT: 9'-0" G r e a t R o o m 3 5 ' - 0 " x 1 8 ' - 2 " C E I L I N G H E I G H T : 1 0 ' - 0 " Club Room19'-11" x 14'-6"CEILING HEIGHT: 9'-0"MasterBath16'-7" x 9'-4"CLG HT: 9'-0"HisClosetCLG HT: 9'-0"BalconyHerClosetCLG HT: 9'-0"LoftCLG HT: 9'-0"W.I.C.CLG HT: 9'-0"BathCLG HT: 9'-0"Balcony Suite - 213'-1" x 15'-7"CEILING HEIGHT: 9'-0" 2 C a r G a r a g e 1 9 ' - 6 " x 2 0 ' - 1 " C E I L I N G H E I G H T : 1 1 ' - 0 " 2 S t o r y F o y e r C L G H T : 2 1 ' - 0 " P w d r . E L E V . ELEV.Suite - 313'-2" x 11'-4"CEILING HEIGHT: 9'-0"BathCLG HT: 9'-0"Open Terrace19'-8" x 13'-10"EquipmentArea10'-1" x 10'-0"BalconyAHU#3 M E D I A W A L L FINISH FLOORELEV: 22'-4" F I N I S H F L O O R E L E V : 0 ' - 0 " FINISH FLOORELEV: 11'-8" 3 1 2 867812 J JADDKM R O L L O U T B I N S 20'-1" 1 9 ' - 6 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 T H - C F L O O R P L A N S A - 1 0 1 1 D O O R T Y P E S : ( A S V I E W E D F R O M E X T E R I O R ) WINDOW TYPES: 4 3 1 BA NOTES:WINDOW SCHEDULE D O O R S C H E D U L E : D O O R S D O O R S I Z E W I D T H H E I G H T M A T E R I A L F R A M E S G L A Z I N G R E M A R K S S T Y L E F I N I S H X T H I C K N E S S WINDOW SIZEREMARKSXWIDTHHEIGHTWINDOW TYPEFRAMEFRAME FINISHROUGH OPENINGA2'-4"ALUM.BRONZE5'-0"BALUM.DALUM.20'-0"PER MANUF. SPECSC10'-7"ALUM.20'-0"F2'-4"8'-0"FIXEDALUM. 5 G8'-6"8'-0"ALUM. E X T E R I O R 5 3 7 8 9 1 0 9 ' - 0 " 1 4 ' - 0 " 1 3 4 " A L U M . 1 3 4 " A L U M . 1 2 ' - 0 " 8 ' - 0 " 1 0 ' - 0 " 8 ' - 0 " 2 ' - 1 0 " 8 ' - 0 " 1 3 4 " M E T A L H O L L O W C O R E M A T C H I N T E R I O R W I T H I N T E R I O R D O O R F I N I S H E S & S T Y L E L O W E I N S U L A T E D L O W E I N S U L A T E D L O W E I N S U L A T E D S L I D I N G G L A S S 1 3 4 " A L U M . 4 P A N E L S L I D E R ( O X X O ) S L I D I N G G L A S S 2 P A N E L S L I D E R ( O X ) 2 7 8 9 1. ALL EXTERIOR GLAZING UNITS SHALL BE IMPACT RESISTANT WITH FLORIDA PRODUCT APPROVAL.(SHADING COEFFICIENT OF GLAZING SHALL COMPLY WITH FLORIDA ENERGY CALCULATIONS.)2. COORDINATE ALL ROUGH OPENINGS WITH WINDOW / DOOR MANUFACTURER - ALL DIMENSIONSARE NOMINAL (CONCRETE OR ROUGH OPENING) DIMENSIONS, PROVIDE ENGINEERED SHOPDRAWINGS & METRO DADE PRODUCT APPROVAL NOTICES FOR ALL WINDOWS, EXT. DOORS3. ALL WINDOWS / DOORS SHALL COMPLY WITH FBC 5th EDITION (2014)4. PROVIDE SHOP DRAWINGS FOR ALL GLAZING FOR ARCHITECTS REVIEW AND APPROVAL PRIOR TOFABRICATION.5. ALL DOORS TO COMPLY WITH CODE. IMPACT AND WIND LOAD REQUIREMENTS (SUBMITMANUFACTURES CUT SHEET / PRODUCT APPROVALS.)6. FIELD VERIFY ALL WINDOW AND DOOR OPENINGS PRIOR TO FABRICATION.7. ALL WINDOWS NOTED AS EGRESS WINDOWS S H A L L C O M P L Y W I T H F . B . C . S I L L H E I G H T S H A L L N O T EXCEED 44' A.F.F. MIN. OPG. HT. SHALL BE 24" AN D M I N O P G . W I D T H S H A L L B E 2 0 " . M I N . C L E A R O P E N AREA SHALL BE 5.7 SQ. FT. (5.0 SQ FT. @ 1ST FLO O R ) . 8. ALL EGRESS WINDOWS IN SLEEPING ROOM SH O U L D H A V E A M I N I M U M C L E A R O P E N I N G O F 5 . 7 S Q . FT9. ALL EXTERIOR DOORS / WINDOWS SHALL BE I N S T A L L E D P E R F L O R I D A P R O D U C T A P P R O V A L . 10. ALL MUNTINS TO BE RAISED TYPE ON BOTH IN S I D E A N D O U T S I D E O F W I N D O W . 11. APPLY SHERWIN WILLIAMS SHER-CRETE FLEX I B L E C O N C R E T E W A T E R P R O O F ( T E X T U R E D A 5 SERIES) AT EXTERIOR PERIMETER OF ALL DOOR & W I N D O W M A S O N R Y O P E N I N G S T O A D I S T A N C E OF 12" FROM EDGE OF OPENING UNLESS OTHER W I S E N O T E D . 12. USE LOUVERED DOOR AT HVAC CLOSET IF N O R E T U R N A I R I S P R O V I D E D 9 ' - 0 " 2 4 ' - 0 " B R O N Z E 1 1 1 2 6 6 L O W E I N S U L A T E D 7 ' - 0 " 8 ' - 0 " S L I D I N G G L A S S 1 3 4 " A L U M . 2 P A N E L S L I D E R ( O X ) L O W E I N S U L A T E D 8 ' - 0 " L O W E I N S U L A T E D 3 ' - 0 " 8 ' - 0 " F R E N C H 1 3 4 " A L U M . 9'-0"E8'-6"FIXED/STOREFRONT SYS.ALUM.3'-10"21'-6"E HALUM.9'-8"8'-0"JALUM.8'-0"K 1 - 8 ' - 8 " 1 6 ' - 0 " O V E R H E A D M E T A L G A R A G E D O O R W / R E S Y S T A V E N E E R . P R O V I D E N O A F O R A P P R O V A L - - - 2 9 ' - 0 " 3 ' - 6 " 1 3 4 " W O O D C U S T O M C U S T O M S T A I N T O B E C O O R D I N A T E D W I T H R E S Y S T A F I N I S H T O M A T C H S T A I N - 4 9 ' - 0 " 3 ' - 0 " 1 3 4 " W O O D C U S T O M C U S T O M S T A I N T O B E C O O R D I N A T E D W I T H R E S Y S T A F I N I S H T O M A T C H . W / 3 ' - 0 " x 9 ' - 0 " S I D E L I T E S E A C H S I D E S T A I N - L O W E I N S U L A T E D S L I D I N G G L A S S 1 3 4 " A L U M . 6 P A N E L S L I D E R ( O X X X X O ) L O W E I N S U L A T E D 1 4 ' - 0 " 8 ' - 0 " S L I D I N G G L A S S 1 3 4 " A L U M . 4 P A N E L S L I D E R ( O X X O ) B R O N Z E B R O N Z E B R O N Z E B R O N Z E B R O N Z E B R O N Z E 1 0 ' - 6 " S L I D I N G G L A S S 1 3 4 " A L U M . 3 P A N E L S L I D E R ( O X X ) W I T H 3 ' - 0 " x 8 ' - 0 " S I D E L I T E S E A C H S I D E 3 P A N E L S L I D E R ( O X X ) B R O N Z E S L I D I N G G L A S S P A I N T - 3 ' - 6 " 9'-0" 1 6 ' - 0 " 8'-8" 1 4 ' - 0 " 9'-0" 3 ' - 0 " 3 ' - 1 0 " 3 ' - 0 " 9 ' - 1 0 " 3 ' - 6 " 9'-0" 2 4 ' - 0 " 9'-0" 7 ' - 0 " 8'-0" 8'-0" 1 4 ' - 0 " 1 0 ' - 6 " 8'-0" 3 ' - 0 " 3 ' - 1 0 " 3 ' - 0 " 9 ' - 1 0 " 3 ' - 6 " 8'-0" 1 0 1 2 ' - 0 " 8'-0" 1 1 1 0 ' - 0 " 8'-0" 2 ' - 1 0 " 9'-0" 1 2 L BRONZEBRONZEBRONZEBRONZEBRONZEBRONZEBRONZEBRONZEBRONZEBRONZEFIXED/STOREFRONT SYS.FIXED/STOREFRONT SYS.FIXED/STOREFRONT SYS.FIXED/STOREFRONT SYS.FIXED/STOREFRONT SYS.FIXED/STOREFRONT SYS.FIXED/STOREFRONT SYS.FIXED/STOREFRONT SYS.ALUM.ALUM.- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -FIXED7'-10"8'-2"3'-10"11'-8"20'-0"20'-0"2'-4"5'-0"3'-0"8'-0"FIXED/STOREFRONT SYS.FIXED 3'-10"8'-5"2'-3"8'-4"2'-5"21'-6"C FIXED/STOREFRONT SYS.3'-612"3'-412"3'-712"10'-7"8'-0"3'-11"8'-1"20'-0"3'-11"3'-11 " 7'-10" 8'-0"3'-11"8'-1" 20'-0" D FIXED/STOREFRONT S Y S . FIXED/STOREFRONT SYS.9'-0"4'-3"4'-3"8'-6"2'-4"8'-0"F FIXEDGFIXED/STOREFRONT SYS.8'-0"4'-3"4'-3"8'-6" 8'-0" EQ.EQ.9'-8"EQ.H FIXED/STOREFRONT SYS. J F I X E D / S T O R E F R O N T S Y S . 4 ' - 1 " 4 ' - 1 " 8 ' - 2 " 8'-5"2'-4"8'-11" 19'-8" K F I X E D / S T O R E F R O N T S Y S . 8'-4"2'-5" 10'-10" 3 ' - 1 0 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 W I N D O W & D O O R S C H E D U L E A - 1 1 P a l m T r l N E 8 t h A v e N E 9 t h A v e Bond Way George Bush Blvd S Lake Ave N E 7 t h A v e N F e d e r a l H w y Denery Ln McKee Ln NE 7th Ct Estuary Trl Witherspoon Ln L a k e T r l PLANNING & ZONINGDEPARTMENT 912 Palm Trail LOCATION MAP Subject PropertyN Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\912 Palm Trail.mxd I n t r a c o a s t a l W a t e r w a y C L PROPERTY LINE 128.55' N16°43'28"E.P A L M T R A I L M c K E E L A N E W I T H E R S P O O N L A N E PROPERTY LINE 149.92' N89°54'28"E.PROPERTY LINE123.18' N00°03'44"W. P R O P E R T Y L I N E 1 8 7 . 0 5 ' N 8 9 ° 5 7 ' 0 0 " E . P R O P E R T Y L I N E 1 2 3 . 4 0 ' N 0 0 ° 0 3 ' 1 6 " W . P R O P E R T Y L I N E 1 8 7 . 0 5 ' N 8 9 ° 5 6 ' 4 8 " E . P A L M T R A I L P R O P E R T Y L I N E 1 2 8 . 8 9 ' N 1 6 ° 4 3 ' 2 8 " E . P R O P E R T Y L I N E 1 4 9 . 8 4 ' N 8 9 ° 5 7 ' 0 0 " E . 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y CL C L C L S O U T H P A R C E L N O R T H P A R C E L 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y S O U T H P A R C E L N O R T H P A R C E L T T W I T H E R S P O O N L A N E P A L M T R A I L P r o p o s e d O v e r a l l S i t e P l a n S c a l e : 1 " = 2 0 ' N O R T H SOUTH PARCEL - Z O N I N G D E S I G N A T I O N : P R O P O S E D P R O J E C T : G O V E R N I N G C O D E S : R M - M E D I U M D E N S I T Y R E S I D E N T I A L P R O P O S E D 3 S T O R Y T O W N H O M E B U I L D I N G F L O R I D A B U I L D I N G C O D E - 2 0 1 4 5 T H E D I T I O N F L O R I D A F I R E P R E V E N T I O N C O D E - 2 0 1 5 E D I T I O N N F P A 1 U F C F L O R I D A 2 0 1 2 E D I T I O N N F P A 1 0 1 L S C F L O R I D A 2 0 1 2 E D I T I O N T Y P E O F C O N S T R U C T I O N : T Y P E V - B ( S P R I N K L E D ) P R O P E R T Y A D D R E S S : 9 1 2 P A L M T R A I L , D E L R A Y B E A C H , F L O R I D A C O D E D A T A P R O J E C T D A T A 1 0 0 % 2 5 ' - 3 " / 3 0 ' - 1 " S Q . F E E T % O F S I T E T O T A L S I T E A R E A T O T A L B U I L D I N G F O O T P R I N T P A R K I N G / P A V E D A R E A S I D E W A L K S / M I S C . W A T E R B O D I E S T O T A L I M P E R V I O U S A R E A T O T A L P E R V I O U S A R E A O P E N S P A C E C I T Y R E Q U I R E M E N T - 6 , 3 7 8 - - - - 2 5 % L O T C O V E R A G E 4 0 % N U M B E R O F D W E L L I N G U N I T S D W E L L I N G U N I T S P E R A C R E 5 U N I T S L E G A L D E S C R I P T I O N S B U I L D I N G D A T A P A R K I N G B R E A K D O W N G A R A G E : = 1 0 S P A C E S T O T A L : = 1 5 S P A C E S - N O C O M P A C T P A R K I N G R E Q U I R E D 3 B E D R O O M U N I T : C A L C U L A T E D A T 2 S P A C E S P E R U N I T = 5 x 2 = 1 0 S P A C E S T O T A L R E Q U I R E D = 1 3 S P A C E S G U E S T P A R K I N G : F O R T H E F I R S T 2 0 U N I T 0 . 5 S P A C E S P E R U N I T = 5 x 0 . 5 = 2 . 5 S P A C E S P A R K I N G P R O V I D E D B U I L D I N G S E T B A C K S P U R S U A N T T O L D R S E C T I O N 4 . 4 . 1 3 ( F ) ( 4 ) F R O N T ( E ) P R O V I D E D I N T E R I O R S I D E S I D E S T R E E T ( N ) R E A R ( W ) H E I G H T R E Q U I R E D 2 5 ' / 3 0 ' 1 5 ' / 3 0 ' 2 5 ' / 3 0 ' 2 5 ' - 0 " 3 5 ' - 0 " 3 5 ' - 0 " D R I V E W A Y : = 0 5 S P A C E S - F U L L S I Z E 1 8 ' X 9 ' 2 0 , 7 4 4 2 5 ' - 5 " / 3 0 ' - 5 1 / 2 " 2 5 ' - 1 " N / A L O T S 8 , 9 , 1 0 A N D 1 1 , F I R S T A D D I T I O N T O K E N M O N T , A C C O R D I N G T O T H E P L A T T H E R E O F A S R E C O R D E D I N P L A T B O O K 2 2 , P A G E 2 4 , O F T H E P U B L I C R E C O R D S O F P A L M B E A C H C O U N T Y , F L O R I D A P . C . N . : 1 2 - 4 3 - 4 6 - 0 9 - 0 9 - 0 0 0 - 0 0 8 0 7 , 0 7 5 3 4 . 1 1 % 7 , 0 7 5 3 4 . 1 1 % 1 0 . 5 U N I T S N / A 1 4 , 3 6 6 6 , 3 7 8 3 0 . 7 5 % 3 0 . 7 5 % 6 9 . 2 5 % N / A 7 , 2 9 1 3 5 . 1 5 % 0 0 % P O O L S E T B A C K S P U R S U A N T T O L D R S E C T I O N 4 . 6 . 1 5 ( G . 1 & 2 ) F R O N T P R O V I D E D I N T E R I O R S I D E S I D E S T R E E T R E A R R E Q U I R E D 2 5 ' 1 0 ' 1 0 ' 1 0 ' N / A 1 0 ' N / A 1 0 ' E A S T N / A N O R T H / S O U T H W E S T POOL20'x8'POOL20'x8'PROPOSED25'x25'SIGHT TRIANGLE40'x 4 0 ' RE Q U I R E D SIG H T T R I A N G L E TH-ATH-BTH-CTH-C S Q . F E E T % O F S I T E T O T A L S I T E A R E A T O T A L B U I L D I N G F O O T P R I N T P A R K I N G / P A V E D A R E A S I D E W A L K S / M I S C . W A T E R B O D I E S T O T A L I M P E R V I O U S A R E A T O T A L P E R V I O U S A R E A O P E N S P A C E - - - - - - 2 5 % L O T C O V E R A G E 4 0 % N U M B E R O F D W E L L I N G U N I T S D W E L L I N G U N I T S P E R A C R E 5 U N I T S B U I L D I N G D A T A P A R K I N G B R E A K D O W N B U I L D I N G S E T B A C K S P U R S U A N T T O L D R S E C T I O N 4 . 4 . 1 3 ( F ) ( 4 ) F R O N T ( E ) P R O V I D E D I N T E R I O R S I D E S I D E S T R E E T ( N ) R E A R ( W ) H E I G H T R E Q U I R E D 2 5 ' / 3 0 ' 1 5 ' / 3 0 ' 2 5 ' / 3 0 ' 2 5 ' - 0 " 3 5 ' - 0 " 3 5 ' - 0 " 2 0 , 7 8 6 2 5 ' - 4 " / 3 0 ' - 4 1 / 2 " 2 5 ' - 1 " N / A 1 0 0 % 2 5 ' - 6 " / 3 0 ' - 4 " 7 , 0 7 5 3 4 . 0 3 % 1 0 . 4 8 U N I T S N / A 1 4 , 3 6 9 6 , 4 1 7 6 , 7 9 6 3 1 . 1 7 % 3 0 . 8 7 % 6 9 . 1 3 % N / A 7 , 2 9 4 3 5 . 0 9 % 0 0 % P O O L S E T B A C K S P U R S U A N T T O L D R S E C T I O N 4 . 6 . 1 5 ( G . 1 & 2 ) F R O N T P R O V I D E D I N T E R I O R S I D E S I D E S T R E E T R E A R R E Q U I R E D 2 5 ' 1 0 ' 1 0 ' 1 0 ' N / A 1 0 ' N / A 1 0 ' E A S T N / A N O R T H / S O U T H W E S T G A R A G E : = 1 0 S P A C E S T O T A L : = 1 8 S P A C E S - N O C O M P A C T P A R K I N G R E Q U I R E D 3 B E D R O O M U N I T : C A L C U L A T E D A T 2 S P A C E S P E R U N I T = 5 x 2 = 1 0 S P A C E S T O T A L R E Q U I R E D = 1 3 S P A C E S G U E S T P A R K I N G : F O R T H E F I R S T 2 0 U N I T 0 . 5 S P A C E S P E R U N I T = 5 x 0 . 5 = 2 . 5 S P A C E S P A R K I N G P R O V I D E D D R I V E W A Y : = 0 5 S P A C E S - F U L L S I Z E 1 8 ' X 9 ' POOL20'x8'PROPOSED±3000 SQ.FT.3-STORYTOWNHOUSEPROPOSED±3000 SQ.FT.3-STORYTOWNHOUSEPROPOSED±3000 SQ.FT.3-STORYTOWNHOUSE TH-A PROPOSED±3000 SQ.FT.3-STORYTOWNHOUSEPROPOSED±3000 SQ.FT.3-STORYTOWNHOUSE P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' 2 0 ' x 1 0 ' R E Q U I R E D S I G H T T R I A N G L E P R O P O S E D 2 5 ' x 2 5 ' S I G H T T R I A N G L E P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' T H - A T H - B T H - C T H - C P O O L 2 0 ' x 8 ' P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E T H - A P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P O O L 2 0 ' x 8 ' P O O L 2 0 ' x 8 ' 7 , 0 7 5 3 4 . 0 3 % 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' 25'-0"REQ.SETBACK 25'-0"REQ.S E T B A C K 10'-0"POOLSETBK. 1 0 ' - 0 " P O O L S E T B K . 24'-11"CENTER OF R/W 25'-0"CENT E R O F R / W 25'-0"REQ. SETBACK 25'-0"REQ. SETBACK 2 5 ' - 0 " R E Q . S E T B A C K 10'-0"POOL SETBK.25'-0"CENTER OF R/W 2 5 ' - 0 " 2 5 ' - 0 " R E Q . S E T B A C K 2 5 ' - 0 " C E N T E R O F R / W 2 5 ' - 0 " R E Q . S E T B A C K 2 5 ' - 0 " R E Q . S E T B A C K 1 0 ' - 0 " P O O L S E T B K . 1 0 ' - 0 " P O O L S E T B K . 1 0 ' - 0 " P O O L S E T B K . 16'-0" DRIVEWAY 16'-0" DRIVEWAY E X I S T I N G M I L T Y - F A M I L Y B U I L D I N G 10'-0"DRAINAGEEASEMENT10'-0"DRAINAGEEASEMENT10'-0"DRAINAGEEASEMENT5'-0"U.E. 10'-0" DRAINAGE EASEMENT 10'-0" DRAINAGE EASEMENT 1 0 ' - 0 " D R A I N A G E E A S E M E N T 5'-0" U.E. 5 ' - 0 " U . E . 5'-0"U.E. 5 ' - 0 " U . E . 7'-0" U.E. 5 ' - 0 " U . E . NORTH PARCEL E X I S T I N G F E N C E 1 0 ' - 0 " D R A I N A G E E A S E M E N T 1 0 ' - 0 " D R A I N A G E E A S E M E N T U N I T S I Z E T A B L E U N I T T Y P E U N I T A ( 3 B E D R O O M ) U N I T B ( 3 B E D R O O M ) U N I T C ( 3 B E D R O O M ) M I N . S T A N D A R D 1 , 2 5 0 S . F . 1 , 2 5 0 S . F . 1 , 2 5 0 S . F . P R O V I D E D 3 , 9 7 3 S . F . 4 , 9 3 2 S . F . 4 , 0 5 1 S . F . U N I T C O U N T 1 0 0 1 0 0 1 0 0 % T O T A L U N I T S 3 3 3 3 3 3 2 5 ' - 2 1 / 2 " / 3 0 ' - 0 " S I D E S T R E E T ( S ) 2 5 ' / 3 0 ' S I D E S T R E E T ( S ) 2 5 ' / 3 0 ' 2 5 ' - 2 1 / 2 " / 3 0 ' - 0 " 50'-0"ULTIMATE RIGHT OF WAY 5 0 ' - 0 " U L T I M A T E R I G H T O F W A Y 50'-0"ULTIMATE RIGHT OF WAY 50'-0" ULTIM A T E R I G H T O F W A Y PROPOSED TRANSFORMERLOCATION WITH EASEMENT.REFER TO CIVILDRAWINGS.NOTE: USE 'LOW BOY'MODEL WITH MAXIMUM HEIGHT(INCLUDING CONCRETE PAD) OF+32" ABOVE FINISH GRADE P R O P O S E D T R A N S F O R M E R L O C A T I O N W I T H 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 . N O T E : U S E ' L O W B O Y ' M O D E L W I T H M A X I M U M H E I G H T ( I N C L U D I N G C O N C R E T E P A D ) O F + 3 2 " A B O V E F I N I S H G R A D E 56'-014" 5 5 ' - 1 0 1 4 " COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 P R O P O S E D S I T E P L A N S P - 1 1 C LW I T H E R S P O O N L A N EPROPERTY LINE 187.05' N89°57'00"E. P R O P E R T Y L I N E 1 2 3 . 4 0 ' N 0 0 ° 0 3 ' 1 6 " W . P R O P E R T Y L I N E 1 8 7 . 0 5 ' N 8 9 ° 5 6 ' 4 8 " E . P A L M P R O P E R T Y L I N E 1 2 8 . 8 9 ' N 1 6 ° 4 3 ' 2 8 " E . PROPERTY LINE 149.84' N89°57'00"E. 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y C L SOUTH PARCELNORTH PARCEL 1 5 . 0 0 ' P L A T T E D A L L E Y R I 1 5 . 0 0 ' P L A T T E D A L L E Y R I G H T O F W A Y T W I T H E R S P O O N L A N EP A L M T R A I L 2 5 ' - 0 " R E Q . S E T B A C K T H - A T H - B T H - C T H - C T H - A 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' 0 ' 1 0 ' 2 0 ' 3 0 ' 4 0 ' S i t e P l a n N o r t h P a r c e l S c a l e : 1 " = 1 0 ' N O R T H 25'-0"REQ.S E T B A C K 16'-0" DRIVEWAY 25'-0"REQ. SETBACK 1 0 ' - 0 " P O O L S E T B K . 25'-0"CENT E R O F R / W 1 0 ' x 1 0 ' R E Q U I R E D S I G H T T R I A N G L E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E P R O P O S E D ± 3 0 0 0 S Q . F T . 3 - S T O R Y T O W N H O U S E 6' HIGH GARDEN WALL/FENCE 6 ' H I G H G A R D E N W A L L 6' HIGH GARDEN WALL 6 ' H I G H G A R D E N W A L L / F E N C E 1 0 ' - 0 " P O O L S E T B A C K 6' HIGH GARDEN WALL 6 ' H I G H G A R D E N W A L L 6 ' H I G H G A R D E N W A L L 6' HIGH GARDEN WALL 6' HIGH GARDEN WALL 1 0 ' - 0 " 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 25'-5"SETB A C K P R O V I D E D STEPPING STONESREFER TO LANDSCAPEDRAWINGS 72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGSSTEPPING STONES REFERTO LANDSCAPE DRAWINGS36"x72" ALUMINUM GATEBRONZE FINISH. PROVIDE SHOPDRAWINGS FOR ARCHITECTSAPPROVALSTEPPING STONES REFERTO LANDSCAPE DRAWINGS72" HIGH ALUMINUM FENCEBRONZE FINISH REFER TOLANDSCAPE DRAWINGS 72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGS 36"x72" ALUMINUM GATEBRONZE FINISH.PROVIDE SHOPDRAWINGS FORARCHITECTS APPROVAL 60" WIDE CONCRETESIDEWALK REFER TO CIVILDRAWINGS36"x72" ALUMINUM GATEBRONZE FINISH. PROVIDESHOP DRAWINGS FORARCHITECTS APPROVALPROPOSED 25'x25'SIGHT TRIANGLESTEPPING STONES REFERTO LANDSCAPE DRAWINGS 2 0 ' x 1 0 ' R E Q U I R E D S I G H T T R I A N G L E S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S 7 2 " H I G H A L U M I N U M F E N C E B R O N Z E F I N I S H R E F E R T O L A N D S C A P E D R A W I N G S 3 6 " x 7 2 " A L U M I N U M G A T E B R O N Z E F I N I S H . P R O V I D E S H O P D R A W I N G S F O R A R C H I T E C T S A P P R O V A L S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S S T E P P I N G S T O N E S R E F E R T O L A N D S C A P E D R A W I N G S 7 2 " H I G H A L U M I N U M F E N C E B R O N Z E F I N I S H R E F E R T O L A N D S C A P E D R A W I N G S 3 6 " x 7 2 " A L U M I N U M G A T E B R O N Z E F I N I S H . P R O V I D E S H O P D R A W I N G S F O R A R C H I T E C T S A P P R O V A L 7'-2"8'-0"4'-0"4'-10" 7'-2"8'-0"4'-0"4'-10" 8'-10" 4 ' - 0 " 2 0 ' - 0 " 7 ' - 0 " 6 ' - 8 " 7 ' - 0 " 2 0 ' - 0 " 4 ' - 0 " 8 ' - 1 0 " 6 ' - 1 3 4 " 5'-11" 7 ' - 2 " 8 ' - 0 " 1 1 ' - 5 " 8 ' - 0 " 8 ' - 2 " 4'-2"20'-0"8'-2" 8'-5"20'-0"4'-7" 1 0 ' - 0 " D R A I N A G E E A S E M E N T 5'-0"U.E.16'-0"PROPOSED DRIVEWAY10'-0"POOL SETBACK 10'-0" DRAINAGE EASEMENT 1 6 ' - 0 " P R O P O S E D D R I V E W A Y 1 6 ' - 0 " P R O P O S E D D R I V E W A Y 10'-0" DRAINAGE EASEMENT 5'-0" U.E. 5 ' - 0 " U . E . 7'-0" U.E. 72" HIGH ALUM,INUM FENCEBRONZE FINISH. REFER TOLANDSCAPE DRAWINGS 72" ALUMINUM FENCE BRONZEFINISH. REFER TO LANDSCAPEDRAWINGS · R E F E R T O L A N D S C A P E D R A W I N G S F O R L A N D S C A P E B U F F E R A R O U N D E Q U I P M E N T . G . C . T O C O O R D I N A T E . · A L L M E C H A N I C A L , E L E C T R I C A L E Q U I P M E N T A N D D E V I C E S T O B E I N S T A L L E D A B O V E F E M A F L O O D E L E V A T I O N P E R A P P L I C A B L E F L O O D Z O N E S . G . C . T O C O O R D I N A T E W I T H A L L S U B - C O N T R A C T O R S . · R E F E R T O C I V I L D R A W I N G S F O R A L L E A S E M E N T S . · 7 . 6 0 ' N . G . V . D . L O W E S T F I N I S H F L O O R F O R S O U T H A N D N O R T H P A R C E L B U I L D I N G S . R E F E R T O C I V I L D R A W I N G S 10'x10' SIGHTTRIANGLETYPICAL10'x10' SIGHTTRIANGLETYPICAL10'x10' SIGHT TRIANGLETYPICAL72" HIGH CMU WALLREFER TO STRUCTURALDRAWINGS 1 0 ' x 1 0 ' S I G H T T R I A N G L E T Y P I C A L 1 0 ' x 1 0 ' S I G H T T R I A N G L E T Y P I C A L P O O L E Q U I P M E N T & H E A T E R P O O L E Q U I P M E N T & H E A T E R P O O L E Q U I P M E N T & H E A T E R POOL EQUIPMENT & HEATERPOOL EQUIPMENT & HEATER 25'-2 1 2 " PROVIDED S E T B A C K 2 5 ' - 6 " P R O V I D E D S E T B A C K 2 5 ' - 1 " P R O V I D E D S E T B A C K 1 2 ' - 6 " 1 2 ' - 6 " 4'-0" 2'-6" 3'-0"8'-0"20'-0"7'-10" 4'-4"8'- 0 " 7 ' - 0 " P O O L 2 0 ' x 8 ' ( B Y O T H E R S U . S . P . ) P O O L 2 0 ' x 8 ' (BY O T H E R S U. S . P . ) P O O L 2 0 ' x 8 ' ( B Y O T H E R S U . S . P . ) P O O L 2 0 ' x 8 ' ( B Y O T H E R S U . S . P . ) P O O L 2 0 ' x 8 ' ( B Y O T H E R S U . S . P . ) 50'-0"ULTIMATE RIGHT OF WAY50'-0"ULTIMATE RIGHT OF WAY 4 ' - 2 " P R O P O S E D T R A N S F O R M E R L O C A T I O N . N O T E : U S E ' L O W B O Y ' M O D E L W I T H M A X I M U M H E I G H T ( I N C L U D I N G C O N C R E T E P A D ) O F + 3 2 " A B O V E F I N I S H G R A D E COPYRIGHT 2015 BY RICHARD JONES ARCHITECTURE INCORPORATED ALL RIGHTS ALL RESERVED. NO PART OF THESE PLANS, DESIGNS, OR INFORMATION MAY BE REPRODUCED, COPIED OR UTILIZED GRAPHICALLY IN ANY FORM WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF RICHARD JONES ARCHITECTURE INCORPORATED.© 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 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 : 1 6 - 0 1 7 R B 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 F L O R I D A L I C E N S U R E R E V I S I O N S : 912 PALM TRAIL DELRAY BEACH, FLORIDA PALM TRAIL TOWNHOMESI S S U E F O R C L A S S V S U B M I T T A L 0 9 . 3 0 . 1 6 1 B L D . D E P T . C O M M E N T S 0 1 . 1 1 . 1 7 S I T E P L A N N O R T H P A R C E L S P - 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 912 Palm Trail 1.This waiver request came before the City Commission on June 6, 2017. 2.The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 912 Palm Trail. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I. I.WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a)Shall not adversely affect the neighboring area; (b)Shall not significantly diminish the provision of public facilities; (c)Shall not create an unsafe situation; and, (d)Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A.Waiver to LDR Section 4.6.14(B)(6) Pursuant to LDR Section 4.6.14(B)(6), Sight Visibility (other intersections), is subject to the following standard the area of property located at a corner formed by the intersection of two or more public rights-of-way with two sides of the triangular area being forty feet in length along the abutting public right-of-way lines, measured from point of intersection, and the third side being a line connecting the ends of the other two lines. 1. Should the waiver to Section 4.6.14(B)(6) to reduce the sight visibility triangle from 40’ x 40’ on the south parcel of Palm Trail and McKee Lane and the north parcel of Palm Trail and Witherspoon Lane to 25’ x 25’ be granted. Yes ______No _______ 3.The City Commission has applied the Comprehensive Plan, and LDR requirements in existence at the time the original development application was submitted 2 and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4.The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5.Based on the entire record before it, the City Commission approves _____ denies _____ this waiver request. 6.Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of June, 2017, by a vote of ____in favor and ____ opposed. ________________________________ ATTEST:Cary D. Glickstein, Mayor ________________________________ Kimberly Wynn, Acting City Clerk Approved as to legal form And sufficiency: ________________________________ City Attorney Department Head: ________________________________ Timothy Stillings, Director of Planning & Zoning City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-475,Version:1 TO: Mayor and Commissioners FROM: Katerri Johnson, City Clerk THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 NOMINATIONS FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD Recommended Action: Motion to Approve nominations for appointment for four (4) regular members to serve on the Downtown Development Authority Board for three (3) year terms ending July 1, 2020. Background: The term for regular members,Mr.Ryan Boylston,Mr.Mark Denkler,Mr.Frank Frione,and Mr. Albert Richwagen,will expire on July 1,2017.Mr.Ryan Boylston and Mr.Albert Richwagen will have served two (2)full terms and are not eligible for reappointment.Mr.Mark Denkler and Mr.Frank Frione will have served one (1)full term,are eligible,and would like to be nominated for reappointment.Nominations for appointment are needed for four (4)regular members to serve three (3) year terms ending July 1, 2020. To qualify for appointment,a prospective member must reside in or have his or her principal place of business in the City,and shall not be serving as a City officer or employee.There is a requirement that at least four of the members must be owners of real estate within the downtown area,a lessee thereof required by the lease to pay taxes thereon,or a director,officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon.A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. Alan Costilo and Mr. Mark Denkler. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted.None were found.Voter registration verification was completed and all are registered with the exception of Ms. Annette Gray. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1), Vice Mayor Chard (Seat #2) and Commissioner Katz (Seat #3) for four (4) regular members to serve on the Downtown Development Authority for three (3) City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-475,Version:1 year terms ending July 1, 2020. City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT “A” Annie Adkin-Roof Attorney (Currently serving on the Parking Management Advisory Board) Kellie Ames Business Owner - Real Estate Associate (also applying to the Board of Adjustment) David Beale Attorney /Tax Qualification (also applying to the Community Redevelopment Agency) Mavis Benson Business Owner / Tax Qualification John Brewer Real Estate Associate (also applying to the Community Redevelopment Agency Board) Eric Camacho IT Support Specialist Lee Cohen Attorney / Tax Qualification Dr. John Conde Chiropractic Neurologist / Tax Qualification Phillip Culmone President & CEO of The Jasper Group International (also applying to the Community Redevelopment Agency Board) Shannon Dawson Real Estate Associate Mark Denkler Business Owner - Sales Incumbent / Tax Qualification Nicole Fontaine Real Estate Broker (also applying to the Community Redevelopment Agency Board and the Delray Beach Housing Authority Board) Frank Frione Chief Executive Officer / Incumbent Bruce Gimmy Business Owner / Tax Qualification (Currently serving on the Parking Management Advisory Board and applying to the Community Redevelopment Agency Board) Annette Gray Real Estate Broker / Self Employed (also applying to the Community Redevelopment Agency Board) Scott Matthew Hyman Attorney (also applying to the Community Redevelopment Agency Board and the Board of Adjustment) Pamela Ramsey Director of Marketing & Public Relations Harold Van Arnem Real Estate Broker / Business Owner / Tax Qualification (also applying to the Community Redevelopment Agency Board) Page Wiggins Certified Master Seller - IBM DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 85 SE 4th Avenue, Suite #108 Delray Beach, FL 33483 3-years term 5/17 Laura Simon Executive Director of DDA TERM EXPIRES REGULAR MEMBERS 07/01/2018 Appt 06/19/12 Reapp 07/7/15 Bonnie Beer, Treasurer 07/01/2017 Appt 07/05/11 Reappt 06/17/14 Ryan Boylston *Tax qualification 07/01/2018 Reg Appt 06/16/15 Alan Costilo *Tax qualification 07/01/2017 Appt 12/02/14 Mark Denkler, Chair *Tax qualification 07/01/2017 Appt 06/17/14 Frank Frione, Vice Chair 07/01/2017 Appt 06/21/11 Reappt 07/01/14 Albert Richwagen, Secretary *Tax qualification 07/01/2019 Reg Appt 07/05/16 Peter Arts S/City Clerk/Board 17 /DDA Contact person: Laura Simon Phone: 243-1077 Membership increased to 7 members on 07/01/99 Laura Simon, Executive Director Delray Beach Downtown Development Authority 85 SE 4th Avenue, Suite #108. Delray Beach, FL 33483 Fax: 561-243-1079 Cell: 561-271-3168 ATTENDANCE RECORDS - 2017 DOWNTOWN DEVELOPMENT AUTHORITY NAME JAN 9 FEB 13 MAR 13 spec mtg APR MAY JUN JUL AUG SEPT OCT NOV DEC Bonnie Beer Reg Appt 06/19/12 Treasurer Reappt 07/07/15 Exp 07/01/18 P P P P Ryan Boylston Reg Appt 07/05/11 Reapp 06/17/14 Exp 07/01/17 P P P A Alan Costilo Appt 06/16/15 Exp 07/01/18 P A A A Mark Denkler Reg Appt 12/02/14 Chair Exp 07/01/17 P P P P Frank Frione Reg Appt 06/17/14 Vice Chair Exp 07/01/17 P A P P Reg Appt 06/21/11 Albert Richwagen Reapp 07/01/14 Secretary Exp 07/01/17 P P P P Peter Arts Reg Appt 07/05/16 Exp 07/01/19 P P P P S/City Clerk/Board Attendance 17/Downtown Development Authority City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-477,Version:1 TO: Mayor and Commissioners FROM: Katerri Johnson, City Clerk THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 NOMINATIONS FOR APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY BOARD Recommended Action: Motion to Approve nominations for appointment for four (4) regular members to serve on the Community Redevelopment Agency Board for four (4) year terms ending July 1, 2021. Background: The term for regular members,Mr.Joseph Bernadel,Mr.Reginald Cox,Mr.Herman Stevens,and Mr.Paul Zacks,will expire on July 1,2017.Mr.Herman Stevens will have served two (2)full terms and is not eligible for reappointment.Mr.Joseph Bernadel will have served one (1)full term and would not like to be nominated for reappointment.Mr.Reginald Cox and Mr.Paul Zacks will have served one (1)full term,are eligible,and would like to be nominated for reappointment.Nominations for appointment are needed for four (4)regular members to serve four (4)year terms ending July 1, 2021. Per Florida Statute,any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business,practicing a profession or performing a service for compensation,or serving as an officer or director of a corporation or other business entity)within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment.A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted.None were found.Voter registration verification was completed and all are registered with the exception of Ms. Annette Gray. Based on the rotation system,the nominations for appointment will be made by Commissioner Katz (Seat #3),Deputy Vice Mayor Johnson (Seat #4),Mayor Glickstein (Seat #5)and Commissioner Petrolia (Seat #1) for four (4) regular members to serve four (4) year terms ending July 1, 2021. City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ COMMUNITY REDEVELOPMENT AGENCY EXHIBIT A David Beale Attorney (also applying to the Downtown Development Authority) John Brewer Real Estate Associate Ryan Boylston Marketing & Mass Communications Morris Carstarphen Business Owner Michael Caruso Certified Public Accountant / Business Owner (currently serving on the Police Advisory Board) Reginald Cox Architect / Building Official License / Incumbent Phillip Culmone President & CEO (also applying to the Downtown Development Authority Board) Nicole Fontaine Real Estate Broker (also applying to the Downtown Development Authority Board and the Delray Beach Housing Authority Board) Bruce Gimmy Business Owner (Currently serving on the Parking Management Advisory Board and applying to the Downtown Development Authority Board) Scott Matthew Hyman Attorney (also applying to the Downtown Development Authority Board and the Board of Adjustment) Robert Long Civil Engineering (currently serving on the Green Implementation Advancement Board) Steve Mackey Real Estate Broker / Business Owner William Morris Real Estate Developer / Self Employed Jessica Rosato Real Estate Broker Associate Samuel Spear, Jr. Retired / Self-Employed (currently serving on the Code Enforcement Board) Harold Van Arnem Real Estate Broker / Business Owner (also applying to the Downtown Development Authority Board) Marc Yavinsky Real Estate Broker / Business Owner Paul Zacks Attorney / Incumbent Applicants who do not live or have a business in the CRA district: Nicholas Coppola Retired / Certified Journeyman Electrician / Retired (also applying to the Board of Adjustment Board) Annette Gray Real Estate Broker / Self Employed (also applying to the Downtown Development Authority Board) Gerry Franciosa Retired Sarah Lucas Chief Executive Officer (also applying to the Board of Adjustment) Nancy Senelier Electrical Engineering Dudley Veillard Certified Nursing Assistant (currently serving on the Board of Adjustment) Bryan Weber Attorney (currently serving on the Education Board) Allen Zeller Attorney COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Beach, FL 33444 5/17 Jeff Costello Executive Director of CRA TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/01/2018 Appt 06/17/14 Cathy Balestriere, First Vice Chair Managing Director 07/01/2017 Appt 06/18/13 Joseph Bernadel, Vice Chair Chief Operating Officer 07/01/2017 Appt 07/09/13 Reginald Cox, Chair Architect / Chief Building Official 07/01/2019 Appt 06/16/15 Daniel Rose Attorney 07/01/2017 Appt 06/16/09 Reappt 06/18/13 Herman Stevens, Treasurer Attorney 07/01/2020 Reg Appt 06/07/16 Dedrick Straghn Attorney 07/01/2017 Appt 07/25/13 Paul Zacks Attorney S/City Clerk/Board 17/CRA Contact person: Jeff Costello 276-8640 ATTENDANCE RECORDS – 2017 COMMUNITY REDEVELOPMENT AGENCY NAME JAN 12 26 FEB 9 23 MAR 9 23 APR 13 27 MAY 11 25 JUN 8 22 JUL 13 27 AUG 24 SEPT 14 28 OCT 12 26 NOV 9 DEC 14 Catherine Balestriere Vice Chair Reg Appt 07/01/14 Exp 07/01/18 P P A P P A Joseph Bernadel Appt 06/18/13 First Vice Chair Exp 07/01/17 A P P A P P Reginald Cox Reg Appt 07/09/13 Chair Exp 07/01/17 P P P P P P Daniel Rose Reg Appt 07/11/15 Exp 07/01/19 A P P P P A Herman Stevens Reg Appt 06/16/09 Reappt 06/18/13 Exp 07/01/17 A P P A P P Dedrick Straghn Reg Appt 06/07/16 Exp 07/01/20 P P P P P A Paul Zacks Appt 07/25/13 Exp 07/01/17 P P P P P P S/City Clerk/Board Attendance 17/Community Redevelopment Agency . City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-478,Version:1 TO: Mayor and Commissioners FROM: Katerri Johnson, City Clerk THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 NOMINATIONS FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT Recommended Action: Motion to Approve nominations for appointment for two (2) alternate members to serve on the Board of Adjustment for unexpired terms ending August 31, 2019. Background: There are two (2)vacancies on the Board of Adjustment.The terms are unexpired ending August 31,2017.Per the Code of Ordinances,Chapter 32,Section 32.09,the appointed member shall be allowed to serve the following full regular term without reappointment because the unexpired term is for a period of time less than six months.Nominations for appointment are needed for two (2) alternate members. The Board of Adjustment shall consist of five (5)regular members and two (2)alternate members.To qualify for appointment,a person shall be either a resident of or own property in the City,and/or own a business within the City.In addition,the City Commission shall fill three seats on the Board with either an architect,landscape architect,realtor/real estate broker,engineer,general contractor or land planner.The remaining two seats shall be at large.The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted.None were found.Voter registration verification was completed and all are registered. Based on the rotation system,the nominations for appointment will be made by Commissioner Petrolia (Seat #1)and Vice Mayor Chard (Seat #2)for two (2)alternate members to serve unexpired terms ending August 31, 2019. City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ BOARD OF ADJUSTMENT APPLICANTS EXHIBIT A Applicants with experience in the professions required: Kellie Ames Real Estate Associate - Business Owner (also applying to the Downtown Development Authority Board) Dina Branham Real Estate Broker - Business Owner Nicholas Coppola Retired / Certified Journeyman Electrician (also applying to the Community Redevelopment Agency Board) Applicants for At Large Seat: Scott Matthew Hyman Attorney (also applying to the Downtown Development Authority Board and the Community Redevelopment Agency Board) Ryan C. Hnatiuk Attorney Sarah Lucas Chief Executive Officer (also applying to the Community Redevelopment Agency Board) Bryce Sartory Government Affairs Coordinator BOARD OF ADJUSTMENT 5/17 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2018 Alt Unexp Appt 11/01/11 Alt Reappt 10/01/13 Reg Appt 09/04/14 Reappt 09/08/16 Brenda Cullinan, Vice-Chair Retired Superintendent Public Resources 08/31/2017 Unexp Appt 11/15/16 Christopher Davey Real Estate Broker License 08/31/2018 Reg Appt 09/08/16 Dudley Veillard, 2nd Vice-Chair Certified Nursing Assistant 08/31/2018 Reg Appt 11/15/16 Mark Gregory ES Contractors License / Real Estate License 08/31/2017 Unexp Appt 03/19/13 Reg Appt 08/11/15 Jess Sowards, Chair Architect ALTERNATES 08/31/2017 Vacant Retired 08/31/2017 Vacant S/City Clerk/Board 17/Board of Adjustment Contact: Planning & Zoning 243-7000 Ext. 6210 ATTENDANCE RECORDS - 2017 BOARD OF ADJUSTMENT NAME JAN 5 FEB 16 MAR 2 APR MAY JUN JUL AUG SEPT OCT NOV DEC Alt Unexp Appt 06/07/11 Brenda Cullinan Alt Reappt 10/01/13 Vice Chair Reg Appt 09/04/14 Reappt 09/08/16 Exp 08/31/18 P P P Unexp Appt 11/15/16 Christopher Davey Exp 08/31/17 P P P Mark Gregory Reg Appt 11/15/16 Exp 08/31/18 P P P Dudley Veillard Reg Appt 09/08/16 2nd Vice Chair Exp 08/31/18 A A A Alt Unexp Appt 03/19/13 Jess Sowards Reg Appt 08/11/15 Chair Exp 08/31/17 P P P ALTERNATES Vacant Unexp Appt Exp 08/31/17 _ _ _ Unexp Appt Vacant Exp 08/31/17 _ _ _ S/City Clerk/Board Attendance 17/Board of Adjustment N O M E E T I N G S City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-476,Version:1 TO: Mayor and Commissioners FROM: Katerri Johnson, City Clerk THROUGH: Chief Neal de Jesus, Interim City Manager DATE: June 6, 2017 RECOMMENDATION FOR APPOINTMENT TO THE DELRAY HOUSING AUTHORITY BOARD Recommended Action: Motion to Recommend for appointment one (1) regular member to serve on the Delray Beach Housing Authority Board for a four (4) year term ending July 14, 2021. Background: The term for Mr.Gregory Wicklman,regular member on the Delray Beach Housing Authority,will expire on July 14,2017.Mr.Gregory Wicklman will have served an unexpired term,is eligible,and would like to be recommended for reappointment.Recommendation for appointment is needed for one (1) regular member to serve a four (4) year term ending July 14, 2021. Per Florida Statute,Chapter 421,an appointee may not be an officer or employee of the City.The following individuals have submitted applications and would like to be recommended for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted.None were found.Voter registration verification was completed and all are registered.According to Florida Statutes,members are appointed by the Mayor and ratified by the Commission.However,at the City Commission meeting of June 5,1991,a consensus was reached whereby each Commissioner would,on an informal basis and according to the rotation procedure,make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system,the recommendation for appointment will be made by Vice Mayor Chard (Seat #2)for one (1)regular member to serve on the Delray Beach Housing Authority for a four (4)year term ending July 14, 2021. City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ DELRAY BEACH HOUSING AUTHORITY EXHIBIT “A” Nicole Fontaine Real Estate Broker (also applying to the Community Redevelopment Agency Board and the Downtown Development Authority Board) Gregory George Attorney Sharese Gillard Assistant Principal Gregory Wicklman Finance / Marketing / Incumbent DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 82 NW 5th Avenue Delray Beach, FL 33444 5/17 TERM EXPIRES REGULAR MEMBERS 07/14/2018 Unexp Appt 05/19/09 Reappt 07/06/10 Reappt 07/01/14 Choli Aronson 07/14/2018 Unexp Appt 10/04/11 Reappt 07/01/14 Marcia Beam 07/14/2017 Unexp Appt 10/04/16 Gregory Wicklman 07/14/2018 Unexp Appt 07/10/07 Reappt 07/06/10Reappt 07/15/14 Sylvia Morris 10/27/2019 Reg Appt 10/20/15 Jesse Saginor 03/06/2018 Unexp Appt 10/05/10 Reappt 5/13/14 Guarn Sims 07/14/2020 Unexp Appt 06/02/15 Reappt 6/21/16 Morris Weinman Director: Dorothy Ellington Contact: Charmaine Jackson 561-272-6766 X-21 jfernandez@dbha.org Housing Authority Fax 561-278-4937 561-272-7352 ATTENDANCE RECORDS - 2017 DELRAY BEACH HOUSING AUTHORITY NAME JAN 19 FEB 15 MAR 17 APR 21 MAY 19 JUNE 16 JUL 21 AUG 18 SEPT 15 OCT 20 NOV 17 DEC 15 Unexp Appt 05/19/09 Choli Aronson Reg Appt 07/06/10 Vice Chair Reappt 07/01/14 Exp 07/14/18 P P A Unexp Appt 10/04/11 Marcia Beam Reg Appt 07/01/14 Exp 07/14/18 P P P Unexp Appt 07/10/07 Sylvia Morris Reg Appt 07/15/14 Exp 07/14/18 A A P Jesse Saginor Reg Appt 10/20/15 Exp 10/27/19 P P P Unexp Appt 10/05/10 Guarn Sims Reg Appt 5/13/14 Chair Exp 03/06/18 P P P Unexp Appt 6/18/15 Morris Weinman Reappt 06/21/16 Exp 07/14/20 P P A Reg Appt 10/20/16 Gregory Wicklman Exp 07/14/17 P P P S/City Clerk/Board Attendance 17/Delray Beach Housing Authority City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-485,Version:1 TO:Mayor and Commissioners FROM:Timothy Stillings, Planning, Zoning and Building Director THROUGH:Neal de Jesus, Interim City Manager DATE:June 6, 2017 ORDINANCE NO.17-17:AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF WAY”BY AMENDING SECTION 6.3.3 “SIDEWALK CAFE”TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY;AMENDING SECTION 6.3.3 (A)“PERMIT AND FEES”TO ADD LEASING FEES;AMENDING SECTION 6.3.3 (F) “REGULATIONS GOVERNING THE USE,DESIGN,AND MAINTENANCE OF A SIDEWALK CAFE”TO CREATE TWO ZONES,PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE;PROVIDING AN EFFECTIVE DATE;AND FOR OTHER PURPOSES. (SECOND READING) Recommended Action: Motion to Approve Ordinance No. 17-17 on Second Reading. Background: In March 2005,the City Commission approved Ordinance No.05-05 that modified the Sidewalk Cafe regulations by increasing setbacks from street curbing from 2’to 5’.Increasing the setback was intended to improve safety for Sidewalk Cafes and support better pedestrian flow through the sidewalk cafe areas.Ordinance No.05-05 had a provision to allow the previous setback to remain in effect until the next permit renewal cycle,which occurred in October of that year.The Sidewalk Cafe regulations were amended again in July of that year (Ordinance No.51-05).This amendment added the words “…outside whether on public or private property (excluding interior courtyard seating which is subject to parking requirements) …” . As the Clean and Safe Staff enforced the new Sidewalk Cafe regulations,many of the Sidewalk Cafe Operators could not meet the new requirements.The new regulations also resulted in the decrease of the number of tables and chairs.It became apparent that the regulations were not meeting the goals established by the City.The current regulations have resulted in many complaints from the Sidewalk Cafe Operators and resulted in eight waiver requests since adoption. At the City Commission Workshop meeting in November 2015,Community Improvement Staff presented the challenges of the regulations.The discussion resulted in recommendations to City of Delray Beach Printed on 5/30/2017Page 1 of 4 powered by Legistar™ File #:17-485,Version:1 presented the challenges of the regulations.The discussion resulted in recommendations to remove the reference of sidewalk cafes on private property and allowed for different configurations of the Sidewalk Cafe widths based on geographical areas of the City.For instance,the area along Atlantic Avenue between Swinton Avenue and the Intracoastal has the most number of cafes and pedestrians that affect the level of service of the sidewalks. Therefore,a Sidewalk Cafe may be located on one side with a 6’clear pedestrian pathway and may be located on both sides if a 7’clear pedestrian pathway is provided.In other areas of the city, the Sidewalk Cafe may be located on both sides with a 6’ clear pedestrian pathway. As this proposed amendment was being drafted,the City was contacted by the Florida Department of Transportation (FDOT)requesting the City enter into a “Leasing Agreement”to collect rental fees for those Sidewalk Cafes and valet queues located in their right-of-ways along East Atlantic Avenue and on South Ocean Boulevard (affects approximately 12 Sidewalk Cafes).This Leasing Agreement between the City of Delray Beach and the FDOT was approved at the City Commission meeting of May 17,2016.The ability to collect those fees is included in the proposed Ordinance No.17-17. Proposed Ordinance: The following summarizes the amendments proposed in Ordinance No. 17-17: The definition of a Sidewalk Cafe was updated to add clarification to the location of the Sidewalk Cafe to better distinguish it from other outdoor dining areas.The updated definition is as follows: Definition:A “Sidewalk Cafe”is a group of tables with chairs grouping of dining furniture which may include tables and chairs and associated articles,which has been approved by the City through a Sidewalk Cafe permit and is situated and maintained outside within a public right-of-way,a portion of which may be located in a public pedestrian way (sidewalk),between the building front (and/or side for corner lots)and the curb at the edge of the roadway whether on public or private property (excluding interior courtyard seating which is subject to parking requirements);and such area is used for the consumption of food and beverages sold to the public from an adjoining restaurant or other eligible business.All tables and chairs,and associated articles must be located within the sidewalk Cafe permit area.Sidewalk Cafes are allowed only when in compliance with this Section. Permit and Fees: 1.If the initial Sidewalk Cafe permit or any renewal permit is cancelled,a new application fee is required for any subsequent permits issued. 2.Fees are removed from the ordinance and shall be adopted by resolution that will be presented at the second reading of this ordinance. 3.Additional “leasing fees”shall be collected for any Sidewalk Cafe located in the FDOT right- of-way along East Atlantic Avenue and along South Ocean Boulevard. 4.The City may cancel a Sidewalk Cafe permit without notice if the payment,along with accrued late fees is not fully paid by October 1 of any renewal period. 5.Due to the change in the definition,any existing establishment that currently has a Sidewalk Cafe permit but no longer fits the definition,is granted a one (1)year period to either modify their site plan to seek approved for an outdoor dining area or to remove the City of Delray Beach Printed on 5/30/2017Page 2 of 4 powered by Legistar™ File #:17-485,Version:1 furniture from the public pedestrian way. Regulations Governing the Use,Design,and Maintenance of a Sidewalk Cafe:Two figures were added to provide graphical examples of the regulations.Regulations were added to require a minimum height of 7’for all umbrellas and canopy’s within a Sidewalk Cafe area and that the barrier that defines the Sidewalk Cafe area shall be 3’ in height. Establishes two geographic zones for regulating the location of the clear pedestrian pathways and widths: ZONE-1:This is defined as the area East-to-West between Swinton Avenue and the Intercostal Waterway on Atlantic Avenue,and North-to-South between NE/SE 1st Streets (Clean and Safe Boundary).A map was added to show this area.Within Zone 1,a Sidewalk Cafe may be establishes on only one side of the required 6’clear pedestrian pathway and on both sides if a 7’ clear pedestrian pathway is provided. ZONE-2:This is defined as all geographical areas of the City that are outside of Zone 1. Within Zone 2,a Sidewalk Cafe may be established on both sides of the required 6’pedestrian pathway. In both zones,if the area adjacent to the curb is interrupted by street furniture,trees,tree grates or similar impediments,the sidewalk cafe operator may provide for a six foot (6’)clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. Signage:The proposed ordinance eliminates the specific types of additional signs (i.e.menu boards) and allows for one additional business sign for Sidewalk Cafes. At its meeting of April 17,2017,the Planning and Zoning (P&Z)Board recommended approval of Ordinance No.17-17 on a vote of 5 to 0 (Joycelyn Patrick and Leslie Marcus absent).The P&Z Board raised the following issues: -The Board suggested that the definition of sidewalk cafe,Section 6.3.3 (A)is reworded so that seating is not limited to just tables and chairs as a restaurant may wish to include other furniture. -That a graphic illustration is included in the ordinance to show the area that is a sidewalk cafe versus outdoor seating on private property. - That all references to signs are removed from the sidewalk cafe regulations. Subsequent to the P&Z Board meeting Ordinance No.17-17 was revised to modify the definition of sidewalk cafe and to provide content neutral language with respect to signage. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Not Applicable. City of Delray Beach Printed on 5/30/2017Page 3 of 4 powered by Legistar™ File #:17-485,Version:1 Funding Source: Not Applicable Timing of Request: Second Reading is tentatively scheduled for June 6, 2017. Attachments: ·Ordinance No. 17-17 ·Planning and Zoning Board Staff Report, April 17, 2017. City of Delray Beach Printed on 5/30/2017Page 4 of 4 powered by Legistar™ ORDINANCE NO. 17-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF WAY” OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 6.3.3 “SIDEWALK CAFE” TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY; AMENDING SECTION 6.3.3 (A) “PERMIT AND FEES” TO ADD LEASING FEES; AMENDING SECTION 6.3.3 (F) “REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE” TO CREATE TWO ZONES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City has permitted sidewalk cafes to be located in certain areas of the City; and WHEREAS, the City desires to modify the Land Development Regulations (LDRs) governing sidewalk Cafes to provide for the public health, safety and welfare of the residents of the City and its visitors; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals, objectives, and policies of the Comprehensive Plan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 17, 2017, and voted 5 to 0 to recommend that the amendments be approved; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning Staff report; and WHEREAS, the City Commission at duly notice public meetings on _________2017, and on _______2017, received and considered comments from the public and gave careful consideration to all aspects of this Ordinance; and 2 ORD NO. 17-17 WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray Beach that the LDRs be amended as described in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1.That the recitations set forth above are incorporated herein. Section 2.That Article 6.3, “Use and Work in the Public Right of Way”, Section 6.3.3 “Sidewalk Cafe”, of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 6.3.3 Sidewalk Cafe: (A)Definition:A “Ssidewalk Ccafe” is a group of tables with chairs grouping of dining furniture which may include tables and chairs and associated articles, which has been approved by the City through a Sidewalk Cafe permitand issituated and maintained outside within a public right- of-way, a portion of which may be located in a public pedestrian way (sidewalk), between the building front (and/or side for corner lots) and the curb at the edge of the roadway whether on public or private property (excluding interior courtyard seating which is subject to parking requirements); and such area is used for the consumption of food and beverages sold to the public from an adjoining restaurant or other eligible business. All tables and chairs, and associated articles must be located within the sidewalk Cafe permit area. Sidewalk Cafes are allowed only when in compliance with this Section. (AB)Permit and Fees: It shall be unlawful for any person to establish a Sidewalk Cafe at any site unless a valid permit to operate a Ssidewalk Cafe has been obtained for that site, from the City pursuant to this Section. The permit shall be issued on a form provided by the City of Delray Beach. No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. All permits shall comply with the following: (1)Each Sidewalk Cafe permit shall be effective for one year, from July 1st until June 30th. Any new permit application received after July 1st until December 31st will pay the full cost of the permit fee and the permit shall expire June 30th of the following year. Any new permit application received after December 31st will pay one-half of the cost of the permit fee and the permit shall expire June 30th of the same year. In addition, should the initial Sidewalk Cafe permit or any renewal permit be cancelled for any reason pursuant to this section, a new application fee shall be required for any subsequent permits issued. (2)The initial Sidewalk Cafe application fee is one hundred fifty dollars ($150.00). The along with the annual permit fee is $4.75 based upon per the square footage of approved Ssidewalk Cafe space. shall both be established by a resolution of the City Commission. Additional “leasing fees” shall be collected for any Sidewalk Cafe located in the Florida 3 ORD NO. 17-17 Department of Transportation (FDOT)right-of-way along East Atlantic Avenue and along South Ocean Boulevard. The FDOT leasing fees will also be established by resolution of the City Commission and collected based on the terms outlined in the Lease Agreement between the City and the FDOT, which may be amended from time to time. (3)Renewals:Renewals of a Sidewalk Cafe permit and payment of fees must be submitted and approved on or before July 1 st of each year. (4) Late Renewal Fee:If a renewal payment is not submitted by July 1st, it shall be considered late and subject to a late fee of ten-percent (10%), plus an additional five- percent (5%) late fee if payment is not received by the first of each month thereafter until paid, provided that the total late fee shall not exceed twenty-percent (20%) of the permit fee. If a renewal payment is not submitted by July 1st, the City has the right to immediately cancel the Ssidewalk Cafe permit upon written notice to the permit holder and the City may also cancel such permit without notice if the payment, along with accrued late fees is not fully paid by October 1st. of any renewal period.[Amd. Ord. 56-09 10/20/09] (5) Any applicant that was issued a Cafe permit prior to this ordinance and no longer meets the definition of a Sidewalk Cafe shall be eligible for one (1) one-year extension of their Sidewalk Cafe permit after which the applicant shall be required to submit a site plan modification (if the area of the Cafe is not shown on an approved site plan) or shall be required to remove all Sidewalk Cafe elements. (B)Applicability: The provisions of this section shall apply to all existing and proposed sidewalk Cafes effective July 1, 2005 (C) — (E) (These subsection shall be renumbered according and shall remain in full force and effect as previously adopted) (F)Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe: (1)A Sidewalk Cafe shall only be established in conjunction with a legally established restaurant or business where the food product is prepared, processed, or assembled on the premises (for example: deli, ice cream store, sandwich shop) where the food product preparation is the main or sole purpose of the business. These businesses shall be deemed eligible to apply for a Sidewalk Cafe permit. A business that prepares, processes, or assembles food on the premises, where such food preparation or assemblage is not the main or sole purpose of the business shall not be allowed to establish a Sidewalk Cafe. (2)A Sidewalk Cafe may only be established in the area between the curb of a public roadway and in the front of the business or along a side street adjacent to the businesson a corner lot or in front of public open space plazas adjacent to the business. The area may also include portions of a public pedestrian ways (sidewalk) or a public plaza and such businesses immediately 4 ORD NO. 17-17 adjacent to the business with which the sidewalk Cafe is associated. However, businesses located on Atlantic Avenue which also have a side street frontage shall be allowed to establish a Sidewalk Cafe along only one (1)of the street frontages (e.g. Sidewalk Cafe permitted on either the side street or on Atlantic Ave, but not on both street frontages).The Ssidewalk Cafe shall not be established adjacent to a travel lane or on-street parking, unless there is no ability to establish a Ssidewalk Cafe adjacent to the storefront, in which case a Ssidewalk Cafe may be located adjacent to a traffic lane or street parking as long as a six foot clear pedestrian path is provided and the tables and associated chairs provide a minimum setback of five feet (5’)from the vehicular travel lane and associated curbing. This five feet (5’)setback does not apply when the tables are immediately adjacent to on-street parking. (3)Alcoholic beverages may be consumed within Ssidewalk Cafe area. (4)The use of the tables and chairs dining furniture shall be only for the customers of the business with which the Ssidewalk Ccafe is associated.Tables, chairs, umbrellas, barriers and other objects associated with a Ssidewalk Ccafe shall be of quality design, materials and workmanship both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the urban environment, as previously approved by the City and as shown and depicted in the approved Sidewalk Cafe permit.All tables, chairs, umbrellas, barriers and associated objects must be located within the Sidewalk Cafe permit area. All umbrellas and canopies must maintain a minimum seven feet (7’)clear area and shall not extend outside of the Sidewalk Cafe area.All barriers shall be three (3’)in height. See Figures 6.3.3 –1&2 for more details. Figure 6.3.3 –1 Sidewalk Cafe Cross section diagram 5 ORD NO. 17-17 (5)Sidewalk Cafe operators shall maintain a clear pedestrian path of a minimum of six feet (six’) at all times. The six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. In the event a six foot (6’) clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional clearance is required to assure safe pedestrian travel, additional clear space shall be required. A clear pedestrian path greater than six feet (6’) may be required on sidewalks with an adjacent traffic lane. For sidewalk cafes with permits approved prior to [effective date of this ordinance], the dimensions of approved pedestrian paths will prevail until the next permit renewal. (5)Within “ZONE-1”, defined as that area east-to-west between Swinton Avenue and the Intracoastal Waterway, and north-to-south between NE 1st Street and SE 1st Street (see Figure 6.3.3-3), the following regulations shall apply: (a)When a Sidewalk Cafe operator provides a clear pedestrian path of a minimum of six feet (6’),the operator can choose to place the associated tables and chairs on either side of the pathway, but not on both sides. The six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. (b)In the event that a six foot (6’) clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the Sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. Figure 6.3.3 –2 Sidewalk Cafe plan view diagram (Example) 6 ORD NO. 17-17 (c)If a Sidewalk Cafe operator provides a clear pedestrian path of a minimum of seven feet (7’), the operator can place the associated tables and chairs on both sides of the pathway. The seven foot (7’) clear pedestrian path shall be parallel to the street and/or alley. (d)For Sidewalk Cafes with permits approved prior to the effective date of this ordinance, the dimensions of approved pedestrian paths will prevail until the next annual permit renewal. In the event of any dispute as to the placement and/or dimension of any required pedestrian path within any ZONE, the Planning Zoning and Building Director, or a designee of the Director, shall make the final determination in order to bring the operator into conformance with any pedestrian pathway regulations set forth herein. (6) Within “ZONE-2” as defined as all other geographical areas of the City, the following regulations shall apply: (a)When a Sidewalk Cafe operator provides a clear pedestrian path of a minimum of six feet (6’), the operator can choose to place the associated tables and chairs on either side or both sides of the pathway. In either case, the six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. Figure 6.3.3 - 3 - Sidewalk Cafe Zone 1 7 ORD NO. 17-17 (b)When the Sidewalk Cafe is established on one side of the six foot (6’) clear pedestrian path adjacent to the curb and is interrupted by street furniture, trees, tree grates or similar impediments, then the Sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. (c)For Sidewalk Cafes with permits approved prior to effective date of this ordinance, the dimensions of approved pedestrian paths will prevail until the next annual permit renewal. (6) (7) A “No Table Zone” is hereby established. No Ssidewalk Cafe tables or chairs shall be located within the “No Table Zone”. The “No Table Zone” is that area located at the intersections of Atlantic Avenue with any side street, within fifteen feet (15’) of the extended curb line. The fifteen feet (15’) will be measured perpendicular to the street from the extended curb. For non-Atlantic Avenue intersections, the “No Table Zone” shall be ten (10’) feet as measured above. (7) (8) The Sidewalk Cafe area is to be segregated from the pedestrian pathway by means of barriers such as planters, railings or other similar moveable fixtures or other clearly visible demarcation. No part of the barrier shall be located within the required 5’clear pedestrian pathway as defined in subsection (5) and (6) above. (8) (9) In addition to previously approved business signs, the Sidewalk Cafe may have one (1) additional business sign of the following signs which shall be approved administratively with the approval or renewal of the sidewalk café permit: (a)A wall mounted menu board sign that does The business sign shall not exceed three four square feet (3 4 sq. ft.). (b)The business sign shall A free standing easel or art object that does not exceed five feet (5’) forty-two inches (42”) in height. that holds a menu board with a sign face not to exceed six square feet (2 ft. x 3 ft. or 6 sq. ft.). (c)Logos upon table umbrellas. The free standing easel or art object must be placed immediately in front of the business in the permitted sidewalk Cafe area. These signs shall not require further Site Plan Review and Appearance Board approval and are an exemption to requirements with the City's sign code. Portable signs shall be prohibited except as allowed in Section 4.6.7(E)(3)(d) Grand Opening Portable Signs. 8 ORD NO. 17-17 (9) (10)Use area and/or seating capacity realized through a Sidewalk Cafe use and contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters. (10) (11)Food may be carried to tables by patrons or served by a table waiter/waitress for all uses that have been assessed restaurant parking requirements. All other uses that have been assessed general commercial parking requirements, but otherwise qualifying for Sidewalk Cafe permit, shall be for take-out food only (food may be carried to tables by patrons; no waiter/waitress service is allowed). The use of food preparation stations, trash receptacles and cash registers are prohibited within the Sidewalk Cafe area. (11) (12)The use of carpeting, artificial turf, or other services of any kind must be approved as a part of the Sidewalk Cafe application. (12) (13)All services provided to patrons of a Sidewalk Cafe and all patron activity (i.e., sitting, dining, etc.) shall occur within the designated Sidewalk Cafe area, and shall not impinge on the required 5’ clear distance clear pedestrian pathways as provided for in subsections (F)(5) and (6) above for pedestrian passage at any time. Chairs shall be arranged parallel to the clear pedestrian path so that they do not encroach into the clear pedestrian path to accommodate patrons. (13) (14)Hours of operation shall be the same as the associated businesses. (14) (15)The area covered by the permit, including the sidewalk, curb and gutter immediately adjacent to it, shall be maintained in a clean, neat, attractive and orderly manner at all times and the area shall be cleared of all debris and stains on a periodic basis during the day and again at the close of each business day, ensuring a tidy appearance. The permittee shall also be responsible to pressure clean the sidewalk surface on which the Sidewalk Cafe is located at least once a week or more frequently, if needed and pick up all litter and debris including litter and debris in the landscaped areas adjacent to the Sidewalk Cafe area under permit. (15) (16)No tables, chairs, or any other part of Sidewalk Cafes shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area. (G) — (H) (These subsection shall remain in full force and effect as previously adopted) (I)Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; Jurisdiction of the Code Enforcement Board or Civil Violations; Emergencies: (1)In addition to the remedies for late fees set forth hereinabove at subparagraph (A)(4), Tthe City Manager or his/her designee may deny, revoke, or suspend a permit of any Sidewalk Cafe in the City if it is found that: 9 ORD NO. 17-17 (a)Any necessary business or health permit has either been suspended, revoked, or canceled or has lapsed. (b)The permittee does not have insurance which is correct and effective. (c)Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal or modification of the Sidewalk Cafe, in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic. (d)The permittee has failed to correct violations of this subchapter or conditions of permitting within three (3) days of receipt of written notice of same. (e)If the permittee receives more than three (3) Code Enforcement violations and/or civil violations in a twelve (12) month period from the issuance of its permit for non-compliance to this Section, the permit shall be terminated and no refunds of the permit application fee shall be granted. The permittee may not receive a new permit for six months. (f)The Sidewalk Cafe does not enhance or conform to the aesthetic ambiance of the area or is not compatible with other adjacent businesses or Sidewalk Cafes. (I)(2) through (6) —(J) (These subsection shall remain in full force and effect as previously adopted) Section 3.Repeal of Conflicting Ordinances. All ordinances or parts thereof or parts of the Code conflicting or inconsistent with the provisions of this ordinance are hereby repealed. Section 4.Severability. If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this ordinance. Section 5.Inclusion in Code. This ordinance shall be codified in the Code of Ordinances of the City of Delray Beach, Florida. Section 6.Effective Date. The provisions of this Ordinance shall become effective immediately upon adoption. 10 ORD NO. 17-17 ASSED AND ADOPTED in regular session on second and final reading on this _______ day of ________________, 2017. _______________________________________ Cary D. Glickstein, Mayor ATTEST: _______________________________ City Clerk First Reading ________________ Second Reading ________________ PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: April 17, 2017 ITEM: VIII.A AGENDA ITEM: File Number 2017-130: ORDINANCE 17-17 – CITY INITIATED AMENDMENT AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING SECTION 6.3.3 SIDEWALK CAFE TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY, PROVIDE GEOGRAPHIC REGULATIONS, LEASING FEES; PROVIDING A SAVING CLAUSE; A GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding Ordinance 17-17, a City-initiated amendment to LDR Section 6.3.3, “Sidewalk Cafes”, to remove the reference to maintaining sidewalk cafes on “private” property, amending Subsections (A)(2), “Permit and Fees” to add collection of leasing fees, amending Subsection (F)(5); and adding Section (F)(5) & (6), “Regulations Governing Use, Design, and Maintenance of a Sidewalk Café to establish regulations by geographical zones. Sidewalk Cafes are regulated in the LDR’s under ARTICLE 6.3 USE AND WORK IN THE PUBLIC RIGHT OF WAY. This amendment will remove the reference to regulating sidewalk cafes on “private” property and establish clear pedestrian pathway widths by Geographical Zones to better manage the downtown core area to accommodate different pedestrian thresholds. BACKGROUND & DESCRIPTION In March of 2005, the City Commission approved Ordinance No.05-05 that modified the Sidewalk Cafe regulations increasing setbacks from curbing from 2’ to 5’ and the width of the pedestrian pathways from 5’ to 6’. Increasing the dimensions was to improve safety issues and pedestrian flow. The Ordinance had a provision to allow the existing dimensions to prevail until the next permit renewal cycle which occurred in July. As the Clean and Safe staff started monitoring and enforcing the new sidewalk regulations, many of the sidewalk cafe operators could not meet the requirements which resulted in the decrease of the number of tables and chairs. Through this process it became apparent that the regulations were not meeting the goals and values of the City as it resulted in many Sidewalk Cafe Operator complaints that lead to 8 waiver requests and a Commission who Planning and Zoning Board Meeting of 04.17.17 LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe 2 wished to be supportive of the economic benefits of the sidewalk cafes while ensuring the safety of pedestrians and ADA requirements were met. In November of last year at a workshop meeting, staff presented to the City Commission the challenges of the regulations and obtained their input. The outcome of those discussion resulted in recommendations to remove the reference of sidewalk cafes on private property as they felt the property owners should be responsible for regulating ADA Requirements and set different pedestrian pathway widths based on geographical areas of the City. For instance, that area along Atlantic Avenue between Swinton Avenue and the Intracoastal has the most number of cafes and pedestrians that impact the sidewalks. Therefore their widths would be wider than in other areas of the city outside of the downtown core where the pedestrian flow is less impacting. As the amendment to the Ordinance was being created, the City was contacted by the Florida Department of Transportation (FDOT) requesting the City enter into a “leasing agreement” to collect rental fees for those cafes and valet ques located in their right-of-ways along East Atlantic Avenue and on South Ocean Boulevard (affects approximately 12 cafes). This Leasing Agreement between the City of Delray Beach and the FDOT was just recently approved at the City Commission meeting of May 17, 2016. The ability to collect those fees has been included in the Ordinance. The proposed new sections will read as follows: Definition: 6.3.3 (A) A Sidewalk Cafe is a group of tables with chairs and associated articles approved by the City situated and maintained outside whether on public or private property (excluding interior courtyard seating which is subject to parking requirements) within a public right-of-way and used for the consumption of food and beverages sold to the public from an adjoining business. All tables and chairs, and associated articles must be located within the sidewalk Cafe permit area. Sidewalk Cafes are allowed only when in compliance with this Section. Applicibility: (B) Applicability: The provisions of this section shall apply to all existing and proposed sidewalk Cafes effective July 1, 2005 Permit and Fees: 6.3.3 (B) (1) Each permit shall be effective for one year, from July 1st until June 30th. Any new permit application received after July 1st until December 31st will pay the full cost of the permit fee and the permit shall expire June 30th of the following year. Any new permit application received after December 31st will pay one-half of the cost of the permit fee and the permit shall expire June 30th of the same year. In addition, should the initial sidewalk Cafe permit or any renewal permit be cancelled for any reason pursuant to this section, a new application fee shall be required for any subsequent permits issued. (2) The initial sidewalk Cafe application fee is one hundred fifty dollars ($150.00) along with Tthe annual permit fee is $4.75 based upon per the Planning and Zoning Board Meeting of 04.17.17 LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe 3 square footage of approved sidewalk Cafe space within the public right-of-way shall both be established by a resolution of the City. Additional “leasing fees” shall be collected for any sidewalk Cafe located in the Florida Department of Transportation (FDOT) right-of-way along East Atlantic Avenue and along South Ocean Boulevard. The FDOT Leasing fees will also be established by resolution of the City and collected based on the terms outlined in the Lease Agreement between the City and the FDOT, which may be amended from time to time. (4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be considered late and subject to a late fee of ten-percent (10%), plus an additional five-percent (5%) late fee if payment is not received by the first of each month thereafter until paid, provided that the total late fee shall not exceed twenty- percent (20%) of the permit fee. If a renewal payment is not submitted by July 1st, the City has the right to immediately cancel the Sidewalk Cafe permit upon written notice to the permit holder and the City may also cancel such permit without notice if the payment, along with accrued late fees is not fully paid by October 1st. of any renewal period. Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe: 6.3.3(F)(5) Within “ZONE-1” defined as that area East-to-West between Swinton Avenue and the Intercostal Waterway on Atlantic Avenue, and North-to-South between NE/SE 1st Streets (see Map), the following regulations shall apply: (a) When a sidewalk café operator provides a clear pedestrian path of a minimum of six feet (6’) the operator can choose to place the associated tables and chairs on either side of the pathway, but not on both sides. The six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. (b) In the event a six foot (6’) clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk café operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. (c) If a sidewalk café operator provides a clear pedestrian path of a minimum of seven feet (7’) the operator can place the associated tables and chairs on both sides of the pathway. The seven foot (7’) clear pedestrian path shall be parallel to the street and/or alley. (d) For sidewalk cafes with permits approved prior to effective date of this ordinance, the dimensions of approved pedestrian paths will prevail until the next annual permit renewal. 6.3.3 (F)(6) Within “ZONE-2” as defined as all other geographical areas of the City other than that which is described in Zone 1 above, the following regulations shall apply: (a) When a sidewalk café operator provides a clear pedestrian path of a minimum of six feet (6’) the operator can choose to place the associated tables and chairs on either side or both sides of the Planning and Zoning Board Meeting of 04.17.17 LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe 4 pathway. In either case, the six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. (b) When the sidewalk café is established on one side of the six foot (6’) clear pedestrian path adjacent to the curb and is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk café operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. (c) For sidewalk cafes with permits approved prior to effective date of this ordinance, the dimensions of approved pedestrian paths will prevail until the next annual permit renewal. 6.3.3 (F) (8) (9) In addition to previously approved business signs, the sidewalk cafe may have one (1) of the following signs which shall be approved administratively with the approval or renewal of the sidewalk café permit: (a) A wall mounted menu board sign that does not exceed three square feet (3 sq.ft.). (b) A free standing easel or art object that does not exceed five feet (5’) in height that holds a menu board with a sign face not to exceed six square feet (2 ft. x 3 ft. or 6 sq. ft.). The free standing easel or art object must be placed immediately in front of the business in the permitted sidewalk Cafe area. (c) Logos upon table umbrellas. ANALYSIS Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. STAFF COMMENT: The proposed amendments were initiated by the City Commission at its November 10, 2015 meeting. Pursuant to LDR Section 2.4.5(M)(5),Findings, in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: Planning and Zoning Board Meeting of 04.17.17 LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe 5 TRANSPORTATION • Goal Area C: A convenient, safe and efficient transportation network which emphasized safety and which meets the needs of residents, both year-round and seasonal, shall be created. Its focus shall be upon avoiding congestion and accommodating all forms of travel through the City. Sidewalks are a critical element in the multi-modal transportation network here in the City and in particular the downtown core area. Providing a safe and efficient flow of pedestrian thresholds will help to eliminate congestion. • Objective C-2: Existing conditions which impose obstacles to accommodating this Goal of providing safer bicycle, pedestrian, automobile and public transportation shall be rectified. Creating geographical regulations to help with managing the pedestrian thresholds in different areas of the community will increase safety. • Objective D-2: Facilities which accommodate the needs of the handicapped, pedestrians and bicyclists shall be assessed and required during development review, complying with state and national standards. The amendments to the Ordinance is to accommodate the needs of the handicapped and pedestrians by increasing the dimensions for clear pathways. These factors will be addressed as part of the review process for sidewalk Café Permits. STAFF ANALYSIS: The proposed amendments to LDR Section 6.3.3 Sidewalk Café strengthens the language of this section to better manage the pedestrian flow in the downtown corridor while maintaining the economic benefits of the cafes and meeting the goals and intent of Comprehensive Plan. City staff and elected officials are working to make sure that the pedestrian access within the public rights-of-way is adequate to meet the proposed lovel of service as well as safety and ADA requirements. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed this item at their June 29, 2016 meeting and acknowledged support of this amendment. The Downtown Development Authority (DDA) reviewed this item at their March 14, 2016 and recommended approval. (See attached letter) The Community Redevelopment Agency (CRA) reviewed this item at their July 14, 2016 and was supportive of the proposed amendments. The West Atlantic Redevelopment Coalition (WARC) reviewed this item at their September 1, 2016 meeting and voted unanimously to recommend approval of the text amendment. The Historic Preservation Board (HPB) reviewed this item at their April 5, 2017 meeting and voted unanimously to recommend approval of this text amendment. Planning and Zoning Board Meeting of 04.17.17 LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe 6 RECOMMENDED ACTION Recommend approval to the City Commission of Ordinance XX-17, a City-initiated LDR amendment to revise Section 6.3.3, “Sidewalk Cafes”, to remove the reference to maintaining sidewalk cafes on “private” property, amending Subsections (A)(2) to add leasing fees and amending Subsection (F) to establish “regulations” by geographical zones; by adopting the findings of fact and law contained in the staff report, and finding that the amendments and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Report by: Mark E Stivers, AICP Principal Planner Janet Meeks, Education Coordinator Attachments: Draft Ordinance 17-17 DDA Letter of support ORDINANCE 17-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF WAY” BY AMENDING SECTION 6.3.3 SIDEWALK CAFÉ TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY; AMENDING SECTION 6.3.3 (A) “PERMIT AND FEES” TO ADD LEASING FEES; AMENDING SECTION 6.3.3 (F) “REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFÉ” TO CREATE TWO ZONES, PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City has permitted sidewalk Cafes to be located in certain areas of the City; and WHEREAS, the City desires to modify the Land Development Regulations governing sidewalk Cafes to provide for the public health, safety and welfare of the residents of the City and its visitors; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals, objectives, and policies of the Comprehensive Plan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 17, 2017, and voted ______ to recommend that the changes be approved; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the staff report; and WHEREAS, the City Commission at duly notice public meetings on _________2017, and on _______2017, received and considered comments from the Planning and Zoning Board and from the public, and gave careful consideration to all aspects of this ordinance; and WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray Beach that the Land Development Regulations be amended as described in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. 2 ORD 17-17 Section 2. That Article 6.3, “Use and Work in the Public Right of Way”, Section 6.3.3 “Sidewalk Cafe”, of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 6.3.3 Sidewalk Cafe: (A) A Sidewalk Cafe is a group of tables with chairs and associated articles approved by the City situated and maintained outside whether on public or private property (excluding interior courtyard seating which is subject to parking requirements) within a public right-of-way and used for the consumption of food and beverages sold to the public from an adjoining business. All tables and chairs, and associated articles must be located within the sidewalk Cafe permit area. Sidewalk Cafes are allowed only when in compliance with this Section. (AB) Permit and Fees: It shall be unlawful for any person to establish a sidewalk Cafe at any site unless a valid permit to operate a sidewalk Cafe has been obtained for that site, from the City pursuant to this Section. The permit shall be issued on a form provided by the City of Delray Beach. No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. All permits shall comply with the following: (1) Each permit shall be effective for one year, from July 1st until June 30th. Any new permit application received after July 1st until December 31st will pay the full cost of the permit fee and the permit shall expire June 30th of the following year. Any new permit application received after December 31st will pay one-half of the cost of the permit fee and the permit shall expire June 30th of the same year. In addition, should the initial sidewalk Cafe permit or any renewal permit be cancelled for any reason pursuant to this section, a new application fee shall be required for any subsequent permits issued. (2) The initial sidewalk Cafe application fee is one hundred fifty dollars ($150.00) along with Tthe annual permit fee is $4.75 based upon per the square footage of approved sidewalk Cafe space within the public right-of-way shall both be established by a resolution of the City. Additional “leasing fees” shall be collected for any sidewalk Cafe located in the Florida Department of Transportation (FDOT) right-of-way along East Atlantic Avenue and along South Ocean Boulevard. The FDOT Leasing fees will also be established by resolution of the City and collected based on the terms outlined in the Lease Agreement between the City and the FDOT, which may be amended from time to time. (3) Renewals of a sidewalk Cafe permit and payment of fees must be submitted and approved on or before July 1st of each year. (4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be considered late and subject to a late fee of ten-percent (10%), plus an additional five-percent (5%) late fee if payment is not received by the first of each month thereafter until paid, provided that the total late fee shall not exceed twenty-percent (20%) of the permit fee. If a renewal payment is not submitted by 3 ORD 17-17 July 1st, the City has the right to immediately cancel the Sidewalk Cafe permit upon written notice to the permit holder and the City may also cancel such permit without notice if the payment, along with accrued late fees is not fully paid by October 1st. of any renewal period. [Amd. Ord. 56-09 10/20/09] (B) Applicability: The provisions of this section shall apply to all existing and proposed sidewalk Cafes effective July 1, 2005 (C) — (E) (These subsection shall remain in full force and effect as previously adopted) (F) Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe: (1) A sidewalk Cafe shall only be established in conjunction with a legally established restaurant or business where the food product is prepared, processed, or assembled on the premises (for example: deli, ice cream store, sandwich shop) where the food product preparation is the main or sole purpose of the business. A business that prepares processes or assembles food on the premises, where such food preparation or assemblage is not the main or sole purpose of the business shall not be allowed to establish a sidewalk Cafe. (2) A sidewalk Cafe may only be established in front of the business or along a side street adjacent to the business, or in front of public open space plazas adjacent to the business, and such businesses immediately adjacent to the business with which the sidewalk Cafe is associated. However, restaurants located on Atlantic Avenue which also have a side street frontage shall be allowed to establish a sidewalk Cafe along only one of the street frontages (e.g. Cafe permitted on either the side street or on Atlantic Ave, but not on both street frontages). The sidewalk Cafe shall not be established adjacent to a travel lane or on-street parking, unless there is no ability to establish a sidewalk Cafe adjacent to the storefront, in which case a sidewalk Cafe may be located adjacent to a traffic lane or street parking as long as a six foot clear pedestrian path is provided and the tables and associated chairs provide a minimum setback of 5’ from the vehicular travel lane and associated curbing. This 5’ setback does not apply when the tables are immediately adjacent to on street parking. (3) Alcoholic beverages may be consumed within sidewalk Cafe area. (4) The use of the tables and chairs shall be only for the customers of the business with which the sidewalk Cafe is associated. Tables, chairs, umbrellas, barriers and other objects associated with a sidewalk Cafe shall be of quality design, materials and workmanship both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the urban environment, as previously approved by the City and as shown and depicted in the approved Sidewalk Cafe permit. All tables, chairs, umbrellas, barriers and associated objects must be located within the Sidewalk Cafe permit area. (5) Sidewalk Cafe operators shall maintain a clear pedestrian path of a minimum of six feet (six’) at all times. The six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. In the event a six foot (6’) clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates 4 ORD 17-17 or similar impediments, then the sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional clearance is required to assure safe pedestrian travel, additional clear space shall be required. A clear pedestrian path greater than six feet (6’) may be required on sidewalks with an adjacent traffic lane. For sidewalk cafes with permits approved prior to [effective date of this ordinance], the dimensions of approved pedestrian paths will prevail until the next permit renewal. (5) Within “ZONE-1”, defined as that area east-to-west between Swinton Avenue and the Intracoastal Waterway, and north-to-south between NE 1st Street and SE 1st Street (see Figure 6.3.3), the following regulations shall apply: (a) When a sidewalk Cafe operator provides a clear pedestrian path of a minimum of six feet (6’), the operator can choose to place the associated tables and chairs on either side of the pathway, but not on both sides. The six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. (b) In the event that a six foot (6’) clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. (c) If a sidewalk Cafe operator provides a clear pedestrian path of a minimum of seven feet (7’), the operator can place the associated tables and chairs on both sides of the pathway. The seven foot (7’) clear pedestrian path shall be parallel to the street and/or alley. (d) For sidewalk Cafes with permits approved prior to effective date of this ordinance, the dimensions of approved pedestrian paths will prevail until the next annual permit renewal. In the event of any dispute as to the placement and/or dimension of any required pedestrian path within any ZONE, the Planning Zoning and Building Director, or a designee of the Director, shall make the final determination in order to bring the operator into conformance with any pedestrian pathway regulations set forth herein. (6) Within “ZONE-2” as defined as all other geographical areas of the City, the following regulations shall apply: (a) When a sidewalk Cafe operator provides a clear pedestrian path of a minimum of six feet (6’), the operator can choose to place the associated tables and chairs on either side or both sides of the pathway. In either case, the six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. 5 ORD 17-17 (b) When the sidewalk Cafe is established on one side of the six foot (6’) clear pedestrian path adjacent to the curb and is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of six feet (6’) towards the building. (c) For sidewalk Cafes with permits approved prior to effective date of this ordinance, the dimensions of approved pedestrian paths will prevail until the next annual permit renewal. Figure 6.3.3 - 1 - Sidewalk Cafe Zone 1 (6) (7) A “No Table Zone” is hereby established. No sidewalk Cafe tables or chairs shall be located within the “No Table Zone”. The “No Table Zone” is that area located at the intersections of Atlantic Avenue with any side street, within fifteen feet (15’) of the extended curb line. The fifteen feet (15’) will be measured perpendicular to the street from the extended curb. For non-Atlantic Avenue intersections, the “No Table Zone” shall be ten (10’) feet as measured above. (7) (8) The sidewalk Cafe area is to be segregated from the pedestrian pathway by means of barriers such as planters, railings or other similar moveable fixtures or other clearly visible demarcation. No part of the barrier shall be located within the required 5’ clear pedestrian pathway as defined in subsection (5) and (6) above. 6 ORD 17-17 (8) (9) In addition to previously approved business signs, the sidewalk cafe may have one (1) of the following signs which shall be approved administratively with the approval or renewal of the sidewalk café permit: (a) A wall mounted menu board sign that does not exceed three square feet (3 sq.ft.). (b) A free standing easel or art object that does not exceed five feet (5’) in height that holds a menu board with a sign face not to exceed six square feet (2 ft. x 3 ft. or 6 sq. ft.). The free standing easel or art object must be placed immediately in front of the business in the permitted sidewalk Cafe area. (c) Logos upon table umbrellas. The free standing easel or art object must be placed immediately in front of the business in the permitted sidewalk Cafe area. These signs shall not require further Site Plan Review and Appearance Board approval and are an exemption to requirements with the City's sign code. Portable signs shall be prohibited except as allowed in Section 4.6.7(E)(3)(d) Grand Opening Portable Signs. (9) (10) Use area and/or seating capacity realized through a sidewalk Cafe use and contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters. (10) (11) Food may be carried to tables by patrons or served by a table waiter/waitress for all uses that have been assessed restaurant parking requirements. All other uses that have been assessed general commercial parking requirements, but otherwise qualifying for sidewalk Cafe permit, shall be for take-out food only (food may be carried to tables by patrons; no waiter/waitress service is allowed). The use of food preparation stations, trash receptacles and cash registers are prohibited within the sidewalk Cafe area. (11) (12) The use of carpeting, artificial turf, or other services of any kind must be approved as a part of the sidewalk Cafe application. (12) (13) All services provided to patrons of a sidewalk Cafe and all patron activity (i.e., sitting, dining, etc.) shall occur within the designated sidewalk Cafe area, and shall not impinge on the required 5’ clear distance clear pedestrian pathways as provided for in subsections (F)(5) and (6) above for pedestrian passage at any time. Chairs shall be arranged parallel to the clear pedestrian path so that they do not encroach into the clear pedestrian path to accommodate patrons. (13) (14) Hours of operation shall be the same as the associated businesses. (14) (15) The area covered by the permit, including the sidewalk, curb and gutter immediately adjacent to it, shall be maintained in a clean, neat, attractive and orderly manner at all times and the area shall be cleared of all debris and stains on a periodic basis during the day and again at the close of each business day, ensuring a tidy appearance. The permittee shall also be responsible to pressure clean the 7 ORD 17-17 sidewalk surface on which the sidewalk Cafe is located at least once a week or more frequently, if needed and pick up all litter and debris including litter and debris in the landscaped areas adjacent to the sidewalk Cafe area under permit. (15) (16) No tables, chairs, or any other part of sidewalk Cafes shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area. (G) — (H) (These subsection shall remain in full force and effect as previously adopted) (I) Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; Jurisdiction of the Code Enforcement Board or Civil Violations; Emergencies: (1) In addition to the remedies for late fees set forth hereinabove at subparagraph (A)(4), Tthe City Manager or his/her designee may deny, revoke, or suspend a permit of any sidewalk Cafe in the City if it is found that: (a) Any necessary business or health permit has either been suspended, revoked, or canceled or has lapsed. (b) The permittee does not have insurance which is correct and effective. (c) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal or modification of the sidewalk Cafe, in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic. (d) The permittee has failed to correct violations of this subchapter or conditions of permitting within three (3) days of receipt of written notice of same. (e) If the permittee receives more than three (3) Code Enforcement violations and/or civil violations in a twelve (12) month period from the issuance of its permit for non-compliance to this Section, the permit shall be terminated and no refunds of the permit application fee shall be granted. The pemittee may not receive a new permit for six months. (f) The Sidewalk Cafe does not enhance or conform to the aesthetic ambiance of the area or is not compatible with other adjacent businesses or sidewalk Cafes. (I)(2) through (6) —(J) (These subsection shall remain in full force and effect as previously adopted) 8 ORD 17-17 Section 2. Repeal of Conflicting Ordinances. All ordinances or parts thereof or parts of the Code conflicting or inconsistent with the provisions of this ordinance are hereby repealed. Section 3. Severability. If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this ordinance. Section 4. Inclusion in Code. This ordinance shall be codified in the Code of Ordinances of the City of Delray Beach, Florida. Section 5. Effective Date. The provisions of this Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on second and final reading on this _______ day of ________________, 2017. _________________________________________ Cary D. Glickstein, Mayor ATTEST: _______________________________ City Clerk First Reading ________________ Second Reading ________________ 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 • (561) 243-1077 Fax: (561) 243-1079 July 14, 2016 Planning & Zoning Board Members City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33483 Dear Board Members: This concerns Planning & Zoning item that came before the Delray Beach Downtown Development Authority at the March 14, 2016 meeting. ITEM – Amendment to the Land Development Regulations Regarding Sidewalk Cafés ACTION - Motion to approve the Amendment to the Land Development Regulations Regarding Sidewalk Cafés Motion: Peter Arts; 2nd: Ryan Boylston Motion carried unanimously. Please know that we send this information to assist you in making your decisions as they affect the DDA District of Downtown Delray Beach. Sincerely, Mark Denkler Chairman c: DDA Board of Directors Laura Simon, Executive Director DowntownDelrayBeach.com BOARD OF DIRECTORS Mark Denkler Chair Vince Canning Shoes Frank Frione Vice-Chair GFA International, Inc Albert Richwagen Secretary Richwagen’s Bicycles Bonnie Beer Treasurer Caffe Luna Rosa Ryan Boylston Woo Creative Alan Costilo Big Al’s Steaks Peter Arts Plastridge Insurance City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-480,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:June 6, 2017 RESOLUTION NO. 46-17 ESTABLISHING A FEE SCHEDULE FOR SIDEWALK CAFE PERMITS Recommended Action: Motion to Approve Resolution No. 46-17 adopting a fee schedule for the establishment and/or renewal of a Sidewalk Cafe Permit. Background: This resolution is the companion to Ordinance No. 17-17 amending LDR Section 6.3.3 "Sidewalk Cafe" to provide the fees in accordance with section 6.3.3 (B) "Permits and Fees." City Attorney Review: City Attorney recommends adoption of this resolution. Finance Department Review: Finance recommends approval. Funding Source: N/A Timing of Request: As the companion resolution to Ordinance No. 17-17, this Resolution needs to be adopted at the same time to establish the fees for Sidewalk Cafe permits. City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ RESOLUTION NO. 46-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A SCHEDULE OF FEES FOR THE ESTABLISHMENT AND RENEWAL OF A SIDEWALK CAFE PERMIT PURSUANT TO RECENTLY REVISED SECTION 6.3.3. SIDEWALK CAFE. OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the City Commission (“Commission”) of the City of Delray Beach (“City”), pursuant to section Sec. 6.3.3(B). Permit and Fees. of the Land Development Regulations (“LDRs”) of the City is authorized to set fees associated with Sidewalk cafe permits by resolution in accordance with newly adopted Ordinance No. 17-17; and WHEREAS, the Commission desires to set Sidewalk Cafe permit fees by resolution pursuant to the LDRs which will include an initial application fee, a City annual permit fee, and an additional leasing fee to cover the leasing costs of the Florida Department of Transportation (FDOT) Lease as set forth in the most recent executed lease agreement between the City and FDOT for those right-of-way areas locate adjacent to Sidewalk Cafes which are located along E. Atlantic Avenue and along S. Ocean Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1.The foregoing recitals are true and accurate, and are incorporated herein Section 2.The City of Delray Beach hereby adopts the following fees for the establishment and/or renewal of a sidewalk cafe permit: Application Fee..............................................................................................$150 City Annual Permit Fee (based on square footage of space)..................$4.75/sq. ft. FDOT Lease Fee along East Atlantic Avenue.........................................$3.50/sq. ft. FDOT Lease Fee along S Ocean Boulevard.............................................$4.00/sq. ft Section 3.One copy of the Fee Schedule as set forth herein shall be identified as an official copy and shall be kept on file with the City Clerk for public use, inspection and examination. Section 4.This Resolution shall become effective immediately upon adoption. All resolutions or parts of resolutions in conflict with this resolution are to the extent of such conflict hereby repealed. 2 RES. NO. 46-17 PASSED AND ADOPTED by the City Commission of the City of Delray Beach this ____ day of June, 2017. Cary D. Glickstein, Mayor ATTEST: Katerri Johnson, CMC., City Clerk City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-486,Version:1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: June 6, 2017 ORDINANCE NO. 21-17 REPEALING AND READOPTING CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY" (SECOND READING) Recommended Action: Motion to approve Ordinance No. 21-17 on Second Reading. Background: Ordinance No.21-17 repeals and readopts Chapter 36,“Acquisition of Goods and Services and Disposal of City Property”,as revised in accordance with Exhibit “A”of this ordinance and authorizes the City Manager to implement a Purchasing Policies and Procedures Manual. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ CITY OF DELRAY BEACH 100 NW 1st Avenue Delray Beach, Florida 33444 PURCHASING DEPARTMENT PURCHASING POLICIES AND PROCEDURES MANUAL May 2017 City of Delray Beach Purchasing Policies and Procedures Manual Page | 1 PURCHASING DEPARTMENT VISION STATEMENT To contribute ethically, quantitatively, and qualitatively to the strategic goals of the City by employing technology and best practices to achieve efficiency, transparency, cost savings, and fairness in the City’s procurement efforts. *** MISSION STATEMENT The Purchasing Department is committed to the fair, equitable, and timely acquisition of goods and services for the City of Delray Beach. Using technology, competition, and best practices, we strive to bring the greatest value to the City and its residents in an efficient and cost-effective manner. *** VALUES STATEMENT The primary objectives of a first-class procurement organization extend beyond the traditional belief that procurement’s primary role is to obtain goods and services in response to internal needs. These primary objectives include: Support operational requirements Manage the purchasing and contracting process equitably, efficiently, and effectively Develop strong relationships with other functional groups and stakeholders Support organizational goals and objectives The Purchasing Department is committed to the fair, equitable, and timely acquisition of goods and services for the City of Delray Beach, and to cultivating an ethical and professional environment. Using technology, competition, and best practices, we strive to bring the greatest value to the City and its residents in an efficient and cost-effective manner. The Department embraces the Values and Guiding Principles of Public Procurement, which are: Accountability Ethics Impartiality Professionalism Services Transparency *** City of Delray Beach Purchasing Policies and Procedures Manual Page | 2 I N D E X SECTION PAGE Introduction 4 Vendor Enrollment and Registration 5 Purchasing Organization and Authority 5 Responsiveness and Responsibility Determinations 8 Advance Acquisition Planning 11 Cone of Silence 12 Non-Collusion Affidavit 12 Dispute Resolution 12 Requisitions 13 Technical Specifications, Scope of Services and Statements of Work 14 Purchasing Authorization Levels 14 Revenue Generating Contracts 17 Solicitation Preparation 17 Solicitation Advertisement 17 Pre-Bid and Pre-Proposal Conferences 17 Addenda to Solicitation Documents 17 Opening of Bids and Closing of Proposals 18 Late Bids or Proposals 18 Offer (Bid or Proposal) Requirements 18 Tied Bids 18 Recommendation for Award 18 Appeal and Protest Procedures 19 Formal ITB/RFP Process 20 Authority to Exercise Options to Renew (OTR)20 City of Delray Beach Purchasing Policies and Procedures Manual Page | 3 SECTION PAGE Request for Information (RFI)21 Request for Qualifications (RFQ)21 Request for Proposals (RFP)21 Formation and Performance of Evaluation/Selection Committee 21 Negotiations 25 Rejection of Bids/Proposals 25 Vendor Pool Contracts 26 Accessing Contracts from other Government Agencies and Not for Profit Organizations 27 Limited Competition Acquisitions 28 Emergency Purchases 31 Request to Modify a Purchase Order or Contract 32 Monitoring and Reporting Vendor Performance 33 Offer Guarantee, Performance and Payment Bonds, and Insurance 34 Market Research 35 Blanket Purchase Orders 37 Cooperative Purchasing 38 Purchase of Used Equipment 38 Change Orders and Amendments 39 Petty Cash 39 Sales Tax Exemption 40 References and Endorsements 40 Excellence in Public Procurement – Code of Ethics 41 How to Do Business with the City of Delray Beach 42 *** City of Delray Beach Purchasing Policies and Procedures Manual Page | 4 INTRODUCTION This policy and proceduralmanualis intended to provide basic orientation information for the operational activities of the Purchasing Department of the City of Delray Beach, Florida. It is not intended to be a detailed guide describing each aspect of all of the department’s internal specific procedures. However, this manual is intended to provide sufficient procedural detail to enable City departments, other governmental entities, and the vendor community to: a. be fully aware of, and comply with, City purchasing policies, and b. effectively participate in the City’s purchasing program. In the event there is any contradiction between these guidelines and City, County, State or Federal legislation, the legislation shall prevail. The funding source(s) of procurement action may determine which legislation shall be adhered to, as applicable. The basic purchasing policies of the City of Delray Beach are conducted on the basis of full and open competition to the greatest extent possible, with award being made to: i.the lowest responsive responsible bidder under Invitations to Bid; ii.the best value proposer under Requests for Proposals that involve pricing as a competitive selection factor; iii.the highest ranked technical proposer(s) with which a fair and reasonable price may subsequently be negotiated under solicitations that do not involve pricing as an initial competitive selection factor; iv.that all specifications or statements of work included in City purchasing actions accurately describe the essential needs of the City, and contain no artificial or arbitrary requirements that limit competition or increase cost; v.that each purchasing action is conducted in accordance with the best interests of the City, and with the highest level of integrity and fairness to all involved parties throughout the acquisition cycle; vi.that all City purchasing operations be conducted in compliance with federal, state, and local laws as applicable and ensure the highest degree of ethical standards; vii.and that transparency and community inclusion be sustained throughout the purchasing process. City of Delray Beach Purchasing Policies and Procedures Manual Page | 5 VENDOR ENROLLMENT AND REGISTRATION The City of Delray Beach does not require vendors or any firm, individual or organization to register with the City in order to do business. However, vendors are encouraged to visit the Purchasing Department’s webpage at www.mydelraybeach.com/business/purchasing_department and enroll online by joining the Vendors List to receive bid notifications when solicitations are advertised by the City. The Finance Department also requires that vendors complete a Vendor Registration Form (www.mydelraybeach.com/business/supplier_resources), to receive a Vendor ID to allow for the processing of Purchase Orders and invoice payments. The City also uses the vendor database maintained by BidSync, and vendors areencouraged to visit the Bidsyncwebsite at www.bidsync.com to register with this company to receive notices of City solicitations. PURCHASING ORGANIZATION AND AUTHORITY GENERAL INFORMATION AND POLICY The Purchasing Departmentis the central purchasing agency of the City of Delray Beachgovernment. It is the responsibility of the Purchasing Department to issue and maintain purchasing policies, procedures and guidelines for the City’s departments. It is also the responsibility of the Purchasing Department to issue solicitations and prepare contracts at the authorization levels established within the purchasing guidelines. The Purchasing Department’s goal is to provide the City with the required goods and services in the most cost effective manner and at the time and place necessary to help ensure that the Cityprovides the public timely and quality service. The following policies and procedures, including stated approval authorization levels, apply equally to expenditure and revenue producing contracts. Technical specification reviews, prior to solicitation advertisement, must be completed by the requesting departments and returned to the Purchasing Department in a timely manner. Additionally, the review of bid or proposal responses during the evaluation phase shall also be completed and returned to the PurchasingDepartmentby the requesting department no later than ten (10) working days after receipt of the bids. If additional time is required for either review, the request must be made in writing (email is acceptable) by the Department Head (or designee) of the requesting department to the Purchasing Director. To obtain the best value for the taxpayer and to promote equitable economic participation by all segments of our community, the PurchasingDepartment is mandated to utilize a competitive bidding process, with the award being made to the lowest, responsive and responsible bidder. Chapter 36 of the City’s Code of Ordinances establishes purchasing procedures for the competitive bidding process and associated alternative processes. These procedures also allow for the use of other than full and open competition should it be determined to be in the best interest of the City. All purchases shall be made in compliance with Florida Statutes, the City Code of Ordinances, these purchasingguidelinesand public procurement best practices. No person may make any purchase utilizing City of Delray Beach Purchasing Policies and Procedures Manual Page | 6 Cityfunds unless specifically authorized to do so by the City Codeof Ordinances, resolution, ordesignation by the City Commission or the City Manager. Payment for any unauthorized purchase may be the responsibility of the person placing the order (see "Unauthorized Purchases” section of these guidelines for further information). The Purchasing Director is appointed by the City Manager and is the City’s Chief Procurement Officer (CPO). As such, the Purchasing Director is the City Manager’s designee for all procurement actions governed by the City Ordinance. The PurchasingDirector is responsible for implementing programs and initiatives to improve competition. This includes, but is not limited to, assuring effective and efficient market research, ensuring contracting opportunities for small business entities, scrutinizing sole source and bid waiver requests, reviewing change orders, and challenging specifications and statements of work (SOWs) to ensure no artificial barriers limit or reduce competition. EXCEPTIONS A.Certain purchases made by the City are authorized for direct payments. The current list of purchases authorized for direct payment is shown below: i.Utilities ii.Casualty and Property Insurance iii.Life, Health and Dental Insurance iv.Employee Benefits/Contracts with Third Parties for Payroll Deduction v.Services Procured with Non-City Funds that are a “pass-through” (Developer Deposits, etc.) vi.Debt Service Payments vii.Pension Payments viii.Unemployment Compensation ix.Tax Withholding Payments x.Section 457 (Deferred Compensation) Contributions xi.Memberships, Dues, Subscriptions, Publications City of Delray Beach Purchasing Policies and Procedures Manual Page | 7 xii.Seminars and Travel Expenses xiii.Retirement Plan Contributions xiv.Investments xv.Postage xvi.Recording Fees xvii.Automobile License Plates xviii.Advertisements B.Certain purchases made by the City are exempt from the competitive processes outlined in this Manual. The current list of purchases exempt from the competitive process is shown below: i.Legal Services ii.Items Purchased for Re-Sale iii.Recreational Programs provided by Independent Contractors iv.Lobbying Services v.Training (where a provider is contracted by the City to provide the training) vi.Art and talent/artistic services. vii.Medical services. When appropriate, the City shall encourage and actively promote local, minority and small business enterprises to bid on City purchases. The purchasing guidelines may not govern every purchasing situation that may arise. In the event a specific purchase is not covered by these guidelines, the purchase shall be made based on these objectives following consultation with the Purchasing Director. City of Delray Beach Purchasing Policies and Procedures Manual Page | 8 Goods and services to be procured, which are funded by a Federal Grant Program, must be procured in accordance with 2 CFR §200.318 through §200.326 (aka Federal Super Circular), current version as may be amended by the Federal government. RESPONSIVENESS AND RESPONSIBILITY DETERMINATIONS The Cityshall award its contracts to the responsive, responsible vendoroffering the best value, and whose offer or proposal is technically compliant with the City’srequirements. Award shall be made to the bidder or proposer offering the lowest price, being the highest ranked, or as otherwise prescribed in the solicitation or by prevailing legislation. The use of the term bidder shall be understood to include any participant in the City’s procurement process and the term bid shall be understood to include any offer in response to a solicitation. The following is intended to be used as general guidelines: 1. Bidder responsiveness refers to a bidder’s unequivocal promise, as shown on the face of its offer, to provide the items or services called for by the material terms of the solicitation. A responsive bid means one submitted at the correct time and place, in the correct format, containing all required information, signatures, and affidavits. A bid that deprives the government of the assurance that the contract will be entered into in accordance with its terms is not responsive. Any omission is normally not curable, as a bidder submitting an incomplete or qualified bid could opt in or out of the process at its will, depriving the City of a valid offer and placing that bidder at a material advantage over other bidders who have made firm offers. The determination of responsiveness is based on the application of bid requirements and legal precedent to facts provided by City staff or developed in the course of a bid protest. In consultation with the City Attorney, the Purchasing Director has the authority to decide whether a bid is responsive or non-responsive. 2. Bidder responsibility refers towhether the bidder can perform as provided in the bid. In general, solicitation requirements for information relating to a bidder’s financial condition, capability, experience and past performance pertain to a bidder’s responsibility. The term responsibility is not limited in its meaning to financial resources and ability. Under its definition, the City has discretionary power to make determinations upon the honesty and integrity of the bidder necessary to a good faith performance of a contract, upon a bidder’sskill and business judgment, its experience and its facilities for carrying out the contract, the bidder’s previous conduct under other contracts, and the quality of its previous work. The type of information bearing on a bidder’s ability to perform may be furnished up to the time of recommendation to award. In the event the City has knowledge of facts which may exist that would render a bidder non- responsible, the Purchasing Director shall conduct a responsibility review and inquiry as may be reasonably required to make the affirmative finding of responsibility as a condition of recommending the bidder for award. City departments shall advise in a timely manner, the Purchasing Director, of knowledge of any facts that may render a bidder non-responsible. Given City of Delray Beach Purchasing Policies and Procedures Manual Page | 9 the variety of goods and services purchased by the City, and the unique issues that may arise, the issues of responsibility must be addressed on a case-by-case basis. A determination of bidder responsibility shall be made, on a contract-by-contract basis. A responsible bidder is a bidder which the City affirmatively determines (prior to the award of a contract) has the ability, capability and skill to perform under the terms of the contract; can provide the materials or service promptly within the time specified, without delay or interference; and has a satisfactory record of integrity and business ethics. a.In making the determination of whether the bidder has the capability to perform the contract the City may consider factors including, but not limited to, the following: i.past performance of the bidder, its principals, affiliates, or supervisory personnel in the execution of prior City contracts; ii.any information which the City may obtain relating to the performance of the bidder, its principals, affiliates, or supervisory personnel on contracts with third parties, including without limitation, contracts with other governmental entities; iii.financial performance and capability, including without limitation, pending and unsatisfied claims; iv.qualifications and past performance of the personnel who will have supervisory responsibility for the performance of the specific City contract; v.licensing, certifications and other permits; and vi.any significant changes in the bidder’s financial position or business organization. b.In makingthe determination whether the bidder has a satisfactory record of integrity and business ethics, the City may consider factors including, but not limited to, the following: i.pending criminal charges against the contractor, its principals, affiliates, or supervisory personnel; ii. criminal conviction of bidder, its principals, affiliates, or supervisory personnel; iii. debarment of the bidder, its principals, affiliates, or supervisory personnel in the City of Delray Beachor any other jurisdiction; iv. pending disciplinary proceedings against the bidder, its principals, affiliates, or supervisory personnel; City of Delray Beach Purchasing Policies and Procedures Manual Page | 10 v. pending enforcement cases, civil judgments, citations, or notices of violation of regulatory authorities with jurisdiction over the goods or services to be rendered, or any adverse determination resulting therefrom, including, but not limited to, those related to environmental protection, the health and safety of labor, and determinations by any government entity; vi. pending investigation related to, or arising from allegations of dishonesty illegal or fraudulent business practices; vii. efforts by the bidder to redress any breach of prior contracts, and compliance with settlement agreements to redress any contract deficiency; viii. inaccurate, incomplete, or fraudulent accounting practices; ix. efforts by the bidder to remediate any of the adverse conditions mentioned herein, including compliance with the terms and conditions of any compliance agreement; and x. the preponderance of the evidence, nature and credibility of any and all facts underlying any of the above-cited investigations, allegations, charges, accusations, proceedings or indictments. In evaluating the factors above, the City shall give priority to acts or legal proceedings occurring within the past five (5) years, and any violation or deficiency that is continuous or uncured. Additionally, at any time, the Citymay require that the bidder submit documentary evidence and other proof necessary to evaluate the factors identified above. The City shall be entitled to rely on information of the type reasonable persons rely on, in the conduct of business affairs. Ifthe bidder is unable to furnish such documentary evidence or other proof, or if the City is otherwise unable to make an affirmative determination that the bidder is responsible to perform the work as required, the bidder shall be determined non-responsible. Failure of the bidder to provide requested information to determine responsibility in response to a solicitation may cause such bid or proposal to be rejected. Generally, prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors. Determinations of prospective subcontractor responsibility may affect the City’s determination of the prospective prime contractor’s responsibility. A prospective contractor may be required to provide written evidence of a proposed interest to do so, and the City may directly determine a prospective subcontractor’s responsibility. In this case, the same standards used to determine a prime contractor’s responsibility shall be used. All meetings considering the responsibility determination shall be recorded. Specific questions relevant to the unique responsibility issues of the procurement will be developed in advance. In City of Delray Beach Purchasing Policies and Procedures Manual Page | 11 the event a bidder is determined to be non-responsible, thePurchasing Director shall make, sign, and place in the contract file a determination of non-responsibility, which shall state the basis for the determination. All documents, reports, recordings of meetings, supporting a determination of non-responsibility shall also be included in the contract file. No responsibility determinations shall be made without consulting the City Attorney, or designee. 3. In addition to responsiveness and responsibility determinations, the Purchasing Department, in collaboration with the City requesting department, shall ensure that the goods or services to be procured are technically compliant with the specifications and requirements of the City’s solicitation. The requesting department (or consultant, as may be the case) shall act as subject matter experts in determination whether the offered goods or services are technically compliant with the specifications of the solicitation. ADVANCED ACQUISITION PLANNING The Purchasing Department, in collaboration with the various City departments, procures a wide range of supplies and services for the on-going and future operations of the City. In the past, the Purchasing Department’s function essentially commenced upon receipt of requisitions and relevant supporting documentation from the requesting departments. While this approach may be sufficient for some purchases, it may not be appropriate for most major acquisitions. Advance acquisition planning is especially necessary for major procurements, and should be conducted in accordance with sound business practices and in a timely manner. Advance acquisition planning involves the Purchasing Department, in collaboration with the requesting departments, reviewing specifications and statements of work to determine that the purpose of the acquisition is clear, and that the minimum requirements are clearly defined and stated in terms of performance and/or functionality when possible. It should also include market research and analysis to determine sources of supply and available solutions in the market place. Advanced acquisition planning results in effective competitive solicitations, accurate budgetary projections, timely procurement of goods and services, consideration of multiple products or solutions, and enhanced competition. It is often the case that procurement actions are delayed due to circumstances such as conflicting or unanticipated workloads, redundant requirements, repetitive after-the-fact revision of specifications or solicitation provisions, or initially unconsidered competition or business utilization issues. The best to minimize the potential for such delays is to identify and resolve such concerns during the initial planning phases for a given purchase. It is the Purchasing Department’s desire, intent, and goal to work with departments at the earliest point possible in the acquisition cycle. The acquisition cycle begins when a department perceives a need for a given product or service and decides to purchase that good or service. The Purchasing Department can provide a significant value-added service by working collaboratively with requesting departments in the early phases of the acquisitioncycle. Such early coordination will minimize or even eliminate procurement pitfalls such as those addressed above. It is the Purchasing Department’s mission to ensure that City City of Delray Beach Purchasing Policies and Procedures Manual Page | 12 purchases are completed in the most effective and timely manner possible. The Purchasing Department considers Advance Acquisition Planning to be a major element towards achieving that goal. Actions and policies intended to effect such planning are in progress, and will be expanded in coordination with all City departments. CONE OF SILENCE Pursuant to Section 2-355 of the Palm Beach County Ordinance No. 2011-039, and the purchasing policies of the City of Delray Beach, all solicitations, once advertised and until the appropriate authority has approved an award recommendation, are under the “Cone of Silence”. This limits and requires documentation of communications between potential bidders and/or bidders on City solicitations, the City’s professional staff, and the City Commission members. The Purchasing Department may issue an addendum in response to any inquiry received, prior to the close of the solicitation period, which changes, adds, or clarifies the terms, provisions, or requirements of the solicitation. The vendor should not rely on any representation, statement, or explanation whether written or verbal, other than those made in the solicitation document or in the addenda issued. Where there appears to be a conflict between the solicitation and any addenda, the last addendum issued shall prevail. It is the vendor’s responsibility to ensure receipt of all addenda, and any accompanying documentation. The vendor is required to submit with its bid or proposal a signed “Acknowledgment of Addenda” form, when any addenda have been issued. NON-COLLUSION AFFIDAVIT Any bidder or proposer which submits a bid or proposal in response to a City solicitation shall submit an affidavit under the penalty of perjury, on a form provided by the City stating either that the contractor is not related to any other parties bidding in the competitive solicitation or identifying all related parties with which it has colluded in offering a bid in the solicitation; or attesting that the contractor’s proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from proposing, and that theproposer has not in any manner sought by collusion to secure to the proposer an advantage over any other proposer. In the event a recommended contractor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award unless that presumption is rebutted to the satisfaction of the City. Any person or entity that fails to submit the required affidavit shall be ineligible for contract award. The Non-Collusion Affidavit will be included in all solicitations and bidders or proposers may submit the executed document with their bid proposals, or during the bid evaluation period. DISPUTE RESOLUTION Any dispute arising out of or relating to Citycontracts shall be resolved by following the procedure below: City of Delray Beach Purchasing Policies and Procedures Manual Page | 13 a.The department and/or vendor shall bring details of dispute to the attention of the Purchasing Director or designee; b. The Purchasing Director shall obtain details of the dispute from both parties and develop a reasonable and fair solution acceptable to both parties, which shall be incorporated into an agreement; c. The agreement shall contain details as to the responsibilities of each party to include: i.Actions to be taken; ii.Follow-up schedule; iii.Assessment of damages, penalties, or fees; iv.Periodic monitoring must be done by City staff to ensure that disputes are dealt with in a timely manner and closed out. d.If the dispute cannot be resolved through the previous steps, the City Attorney will be consulted for appropriate legal action (litigation, arbitration, mediation). REQUISITIONS When there is a need for goods and/or services which are not available from anexisting City contract,and which exceed the dollar limits of the small purchase order, an electronically generated requisition must be submitted to the Purchasing Department. Requesting department staff should evaluate the need for goods and services, determine expected usage, and plan their purchases to effectively meet program and operational demands. Before submitting a requisition, the requesting departments must ensure that: a.Valid requirements have been established; b.Funds are available to cover the purchase; c.Sufficient data is available to determine the best method to secure the purchase; d.Quotations or contract information are attached; e.Specifications are available; and f.Estimated total dollar value of procurement should be identified. City of Delray Beach Purchasing Policies and Procedures Manual Page | 14 The Purchasing Department will review the requisition for accuracy and compliance with purchasing guidelines and procedures. TECHNICAL SPECIFICATIONS, SCOPE OF SERVICES, AND STATEMENTS OF WORK Technical Specifications, Scope of Services, or Statements of Work should be stated in terms of function, performance or design. The type of specificationsselected is to be based on the requestingdepartment’s minimum requirements and the market available to satisfy those requirements. Design specifications are the least desirable type of specifications. Functional or performance types of specifications are preferred to increase the potential for full and open competition. Requesting departments should consider the following factors in developing specifications: a. Does it describe the needs in terms of function or performance required? b. Does it clearly state the minimum requirements acceptable to the City? c. Does it indicate the end usage or expected results? d. Is it clear, concise, and understandable? e. Does it encourage competition by considering more than one source of supply? f.Are standard specifications available? g. Are the specifications tailored to more than one vendor? h. If a specific brand and model are referenced, have you included the term “or approved equal”? If not, have you included a reason why an equal is not acceptable? i.Is there anything unusual to be considered? PURCHASING AUTHORIZATION LEVELS ***All purchasing limits are based upon total expenditure during a single fiscal year*** PURCHASES EQUAL TO OR LESS THAN $2,500 These acquisitions may be made by those city employees who have been designated such authority in writing by their respective department heads. Single or multiple purchases of goods, commodities and services that are equal to or less than $2,500 require departmental approval and may be made using the City of Delray Beachpurchasing card, check request,or petty cash. These purchases are to be made from vendors who supply the item at a reasonable price and with an appropriate quality level, using sound purchasing practices and common sense. These purchasing practices may include, but are not limited to, City of Delray Beach Purchasing Policies and Procedures Manual Page | 15 verbal quotations or written records of telephone/e-mail quotations. For purchases that will not be immediately paid with a purchase card, the department must issue an appropriate purchase order through the ERP system, whichwill constitute the City’s authorization for the vendor to perform the work or provide the goods. All policies and procedures governing the use of the purchasing card can be found in the City of Delray Beach’s Purchasing Card Policies and Procedures Manual. Each department may establish more stringent rules to govern purchases up to $2,500, as they deem appropriate. PURCHASES GREATER THAN $2,500 BUT LESS THAN $10,000 Department Head approval is required. Single or multiple purchases of goods, commodities and services that are greater than $2,500 and less than $10,000 require a Purchase Requisition with at least three (3) documented quotations as provided below. Quotations may be solicited by telephone or fax. In cases when the requirements cannot adequately be expressed orally, a written request for quotation must be sent to potential bidders. Documentation of the quotations requested and received must be attached to the Purchase Requisition. If at least three (3) or more bidders cannot be identified, or if other than the lowest quote is being recommended for purchase, the reasons shall be documented on the Purchase Requisition. The completed Purchase Requisition shall be submitted to the Purchasing Department or designee for approval prior to making the purchase. In certain emergency circumstances, a purchase may be made after receiving oralapproval from the PurchasingDirector. Any requisition receiving verbal approval must be delivered or faxed to the Purchasing Department by the end of business that day. The purchase requisition shall be approved by the Department Head or his/her designee. Purchases ordered per an existing piggybacked contract must include the vendor name, contract number, and contracting entity on the Purchase Requisition (i.e., State of Florida, SNAPS, Other Governmental Entity, Southeast Co-Op, etc.) The person responsible for receiving purchases must check vendor invoices to ensure that quantities match the purchase order prior to approving the invoice for processing. City of Delray Beach Purchasing Policies and Procedures Manual Page | 16 PURCHASES GREATER THAN OR EQUAL TO $10,000 BUT LESS THAN $65,000 City Manager, or written designee, approval is required. Single or multiple purchases of goods and commodities that are greater than or equal to $10,000 but less than $65,000 require a Purchase Requisition. A minimum of three (3) quotes must be obtained as provided below. BIdsync may be used to obtain quotes. Additional quotes may be obtained from vendors that are not members of Bidsync. All quotations must be documented and a copy attached in ERP prior to submitting the request for approval. In certain emergency circumstances, a purchase may be made after receiving oral approval from the PurchasingDirector. Any requisition receiving verbal approval must be delivered or faxed to the Purchasing Department by the end of business that day. The purchase requisition shall be approved by the Department Head or designee. Persons responsible for receiving purchases must check vendor invoices to ensure that quantities match the purchase order prior to approving the invoice for processing. Written agreements shall be reviewed by the Purchasing Director, the City Attorney, and executed by the City Manager or designee when applicable. PURCHASES GREATER THAN OR EQUAL TO $65,000 For all purchases of $65,000 or more, formal bids or quotations shall be obtained as provided in Section IV, “Formal Bid/RFP Process”. A market research summary will be conducted by the Purchasing Department for all purchases that fall within this authorization level. Requesting departments should also conduct their own market research to supplement the market intelligence that influences the purchasing decision. Quotations shall be solicited using a bidders’ list and by publishing notice of request for bids in a newspaper of general circulation throughout the City. Advertisement for bids shall be published at least two weeks in advance of the bid opening date. Any bids that require a pre-bid conference shall be advertised at least 30 days in advance of the bid opening date. All contracts to be awarded pursuant to Requests for Proposals or formal bids shall be approved by the City Manager or the City Commission, as applicable. City of Delray Beach Purchasing Policies and Procedures Manual Page | 17 REVENUE GENERATING CONTRACTS Contracts with any Person where the City estimates the City will receive revenue in the amount of $65,000 or greater over the term of the contract (including revenue during renewal periods) shall require approval by the City Commission and shall be subject to a Sealed Competitive Method, unless the City utilizes one of the limited competition or direct acquisition methods as set forth herein below . This Section shall not apply to the sale or lease of the City’s real or non-real property. SOLICITATION PREPARATION Requesting departments shall be involved in the preparation of solicitations to ensure that project or product specific requirements are adequately addressed in the solicitation document. Requesting departments mayalso be involved after solicitation issuance in the conducting of pre-bid (or pre-proposal) conferences, and the preparation of any requisite solicitation addenda. All solicitations shall be reviewed and approved by the City Attorney, or designee, prior to advertisement. SOLICITATION ADVERTISEMENT The Purchasing Directorshall publish all announcements and advertisements for solicitations falling within the purchasing authorization levels in accordance with City policies and procedures, and all related directives and ordinances. This requirement applies to all Invitations to Bid/Requests for Proposalactions regardless of dollar value. PRE-BID AND PRE-PROPOSAL CONFERENCES A pre-bid conference shall be scheduled for Invitations to Bid where it is deemed advisable to allow potential proposers to consult with Purchasingstaff and the requestingdepartment(s) to ensure clarity of the required goods or services and, if applicable, to view the site where the work is to be performed. A pre-proposal conference shall be scheduled under all Requests for Proposal solicitations. This conference shall be scheduled roughly in the middle of the solicitation period to allow enough time for vendors to prepare for the conference, and to consider the information provided during the course of the conference. Attendance at Pre-bid and Pre-proposal conferences by vendors is generally optional. However, vendor attendance at such conferences may be made mandatory depending upon the specific requirements of the project. Mandatory conferences may serve to limit competition and shall be the exception to the procedure. The “Cone of Silence” is not applicable during pre-bid and pre-proposal conferences and/or site visits. ADDENDA TO SOLICITATION DOCUMENTS There may be occasions when it will be necessary to change the specifications, terms, or conditions of a given solicitation during the course of the bid (or proposal) period. Such changes may be required in response to requesting department requests or clarifications, contractor questions (submitted in writing City of Delray Beach Purchasing Policies and Procedures Manual Page | 18 per the “Cone of Silence”), or other reasons. Such changes shall be formalized by the issuance of solicitation addenda by the Purchasing Department, to all potential vendors that have obtained the solicitation document. The addenda become part of, and supersedes, the solicitation document. OPENING OF BIDS AND CLOSING OF PROPOSALS Sealed bids under the Invitation to Bid process shall be opened by the Purchasing Departmentat the place, date and time specified in the solicitation or any subsequent addendum. Proposals submitted under the Requests for Proposals process shall be opened at the time and place specified in the solicitation or any subsequent addendum. No further proposals from a given vendor will be accepted after the first proposal from that vendor is opened. LATE BIDS OR PROPOSALS The City will not accept late bids or proposals. All late bids or proposals will be returned to the sender unopened. OFFER (BID OR PROPOSAL) REQUIREMENTS Each offer shall meet all the requirements of the specific solicitation, unless waived as an irregularity or informality by the Purchasing Director or designee. Affidavits mandated by City Ordinance(s) or Resolutions(s) can be waived only by provisions contained within the Ordinance(s) or Resolution(s) of the City Commission. TIED BIDS Tied bids are offers where one or more responsive and responsible bidders offer the same low price for an item or group of items, depending on the method of award. In such instances, the Purchasing Department will request best and final offers (BAFOs) from the bidders that offered the same price. The BAFOs must be requested at the same time or soon after the preliminary bid tabulation is provided to all responding bidders. This allows all bidders to see the prices that were bid, and the bidders that offered the same pricing. Request for best and final offers must include a due date (close of business is acceptable) and may be emailed directly to the PurchasingDirector or delivered to the Office of the Clerk. In the event responses to best and final offers result in another tied bid, the tie shall be broken by the City Manager or designee flipping a coin in the presence of the PurchasingDirector and/or the City Clerk. RECOMMENDATION FOR AWARD Recommendation for award(s) within the purchase authorization levels shall be made to the responsive and responsible vendor(s) offering the lowest price, whenever possible (note: the RFP process is based on a “best value” evaluation). The City Manageror designee, subject to further delegation of authority, shall have the authority to recommend and award such contracts. All such awards shall be completed in accordance with the City’s established internal purchasing policies and procedures. City of Delray Beach Purchasing Policies and Procedures Manual Page | 19 APPEAL AND PROTEST PROCEDURES BID/PROPOSAL PROTEST PROCEDURE -NOTICES Immediately after the Selection Committee or others convened for the purpose of selection make a determination of the intended award of contract, the Purchasing Director or designee shall post a tabulation of the bid/proposal evaluation results with intended award recommendations. Posting shall be in the City Hall lobby or in such other public place in City Hall designated for postings and shall be on display for public viewing. All bidders, proposers, offerors or contractors affected by the proposed award of contract shall also be notified by the Purchasing Department at the time of posting, via facsimile or email, of the intended award. Any person adversely affected by the decision of award may file a formal written protest within seventy- two (72) consecutive hours (excluding Saturdays, Sundays and legal holidays) from the time of initial posting by the City Clerk’s Office. Protestors shall file their written protests with the City between the hours of 8:00 a.m. and 5:00 p.m. Written protests shall contain, at a minimum: i.The name of the petitioner; ii.The petitioner’s address and phone number, and fax number; iii.The name of the petitioner’s representative, if applicable; iv.The title and bid number of the solicitation; v.A plain clear statement of the grounds on which the protest is based; and vi.Specific information regarding the relief to which the petitioner deems itself entitled and/or the remedy requested. Formal written protests shall not exceed fifteen (15) type-written pages and in all other respects shall comply with the formatting requirements for an appellate brief as set forth in the Florida Rules of Appellate Procedure. A written protest is considered received by the City when it is delivered to and received by the City Clerk or designee. The City Clerk shall time/date stamp all written protest immediately upon receipt. Delivery to and receipt by any other City employee or staff member shall not constitute receipt by the City of Delray Beach. Protests submitted via email do not meet the requirements of this section. Failure to file a timely formal written protest within the time period specified shall constitute a waiver by the vendor of all rights of protest under the Bid/Proposal Protest Procedure. In the event of a timely protest and/or appeal, the City shall not proceed further with the solicitation or with the award of the bid/contract until all administrative remedies have been exhausted, unless the City City of Delray Beach Purchasing Policies and Procedures Manual Page | 20 Manager determines that the award of the contract without delay is immediately necessary to protect the public health, safety, and welfare. Within seven (7) days (excluding Saturdays, Sundays and legal holidays) of receipt of the formal written protest, the Purchasing Director and the City Attorney shall attempt to settle or resolve the dispute, with or without a hearing at the City Attorney’ssole discretion. A decision will be rendered in writing and shall: (1) state the reasons for the action taken; and (2) inform the protestor of its right to appeal as provided herein. A copy of the decision of the Purchasing Director and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. Any person aggrieved by the decision of the PurchasingDirector and the City Attorney, may appeal to the City Manager within seven (7) days from the date of the written decision. The appeal shall be in writing and shall state with specificity the grounds therefore and also the action requested of the City Manager. The City Manager shall attempt to settle or resolve the matter, with or without a hearing at his/her sole option. The City Manager shall render a decision, in writing, within seven (7) calendar days following receipt of the appeal. A decision of the City Manager under this section shall be final and conclusive on the protester. Failure to follow the protest procedures or failure to meet any deadline set forth herein shall automatically nullify any protest or claim brought by an aggrieved bidder, offeror, or contractor. The City is not subject to or bound by the requirements and/or procedures set forth in Chapter 120, Florida Statutes. FORMAL ITB AND RFP PROCESS All purchases to be made through a formal ITB or RFP process shall be conducted at the discretion of the Purchasing Director or designee. All specifications must be reviewed and approved by the Purchasing Director or designee. The City Clerk shall be authorized to publish an advertisement for the solicitation of bids or proposals. Piggybacking on State, County and other municipality’s bids is permitted within the approval thresholds of the City Manager or City Commission, as applicable in accordance with the purchasing criteria set forth herein. The department must specifically identify the contract being piggybacked and include that information in the documents to be sent to the Purchasing Department. Any piggybacking on an out-of- state contract must also be reviewed by the Purchasing Director and the City Attorney. AUTHORITY TO EXERCISE OPTIONS TO RENEW (OTR) An Option to Renew (OTR) contract contains a provision providing for the option to renew at the expiration of the initial term of the contract. The City Commission must authorize the award of any City of Delray Beach Purchasing Policies and Procedures Manual Page | 21 contract wherethe cumulative value of the initial term of the contract and any option to renew terms will exceed Sixty-FiveThousand Dollars ($65,000). Authorization to exercise future OTRs of contracts must be contained in the language of the Resolution approving the contract, if applicable, or the contract itself. REQUEST FOR INFORMATION (RFI) A Request for Information (RFI) is a written solicitation prepared and issued for the purpose of seeking information, comments, or reactions from the industry by a certain date and time. A RFI may be used during the market research phase of an acquisition to assist the City in identifying potential proposers, approaches, prices, or other relevant information. The RFI precedes the issuance of a Request for Proposals or Request for Qualifications. Contract awards cannot be made on responses to an RFI. REQUEST FOR QUALIFICATIONS (RFQ) A Request for Qualifications(RFQ)is used to obtain statements of qualifications from proposers when the scope of services cannot, or has not, been completely established by the City. That situation requires the identification of specific qualifications in order to evaluate responding proposers. A Request for Qualifications includes, but is not limited to, a brief explanation of the purpose of the Request for Qualifications, a description of the service to be purchased, required qualifications, instructions for response, and evaluation and selection criteria. These types of contract awards are generally not based solely upon price. Instead, there is an extensive evaluation, which may include such criteria as qualifications and experience of principals and staff, technical superiority, financial stability, experience and history of the firm, and references. REQUEST FOR PROPOSALS (RFP) A Request for Proposal (RFP) is a solicitation whose associated award evaluation and vendor selection process is predicated on a best value evaluation, rather than strictly upon award to the lowest priced responsive and responsible vendor. This type of evaluation is a sensitive and demanding process, and detailed guidelineshave been developed to ensuresuch evaluations are conducted in an appropriate and accurate manner. The following section provides an overview of those procedures to enable departments to prepare for, and participate in, negotiated acquisitions in conjunction with the Purchasing Department. FORMATION AND PERFORMANCE OF EVALUATION/SELECTION COMMITTEES The Purchasing Director, or designee, is responsible for the review of all proposals for responsiveness before distributing them to the Selection Committee. A proposer is considered responsive if the proposal conforms in all material respects to the terms and conditions in the solicitation. SELECTION COMMITTEE TEAM MEMBERS The City Manager or designee will determine the number and makeup of the Selection Committee. a. Each member must have no personal or financial interest in any vendor or firm which has submitted a proposal to the City. City of Delray Beach Purchasing Policies and Procedures Manual Page | 22 b. Each member must have a professional interest that the recommendations of the Committee can be supported and defended legally and ethically. c. Each member must have a professional interest that the recommendations of the Committee will lead to the selection of a vendor which will provide goods or services that is the best value for the City. The Purchasing Director, or designee, shall serve as the Selection Committee Chairperson, and may not award points for proposals. INITIAL MEETING OF THE SELECTION COMMITTEE The PurchasingDirector, or designee, shall conduct an initial meeting(Kick-Off Meeting) with the Selection Committee to ensure that each member has a clear understanding of their duties and responsibilities in the selection process. A copy of these guidelines, the solicitation and any addenda, each proposer’s submittal, and a copy of the evaluation criteria will be distributed to Committee members. CONFLICT OF INTEREST Once proposals have been received, and it is known which proposers are involved in the evaluation competition, each member of the Selection Committee will be informed. Each member will be asked if the member has a personal or financial interest in any proposer, and if the member understands and can perform impartially within the Selection Committee guidelines. If a conflict of interest exists or appears to exist, that member will be disqualified from the Committee. An Evaluator’s Statement of Independence and Non-Conflict of Interest form (see attached) must be signed by each Committee member prior to the commencement of the evaluation of the proposals. COMMITTEE RULES AND PROCEDURES All evaluators on the Selection Committee are required to apply sound and unbiased judgment in awarding points to the proposals for the purpose of ranking them. It is very important that all Selection Committee members read the solicitation thoroughly and have a clear understanding of the requirements and evaluation criteria before attempting to evaluate the proposals. All questions should be directed to the Purchasing Director, or designee. a. The Selection Committee meetings must follow the requirements of Florida Statute 286.011 for public meetings and meetings must be noticed at least 72 hours in advance. These meetings are open to the general public, which may include proposers which have submitted responses to the City’s solicitations. Meetings will be recorded and all recordings are available for the general public to listen to upon scheduling an appointment with the City Clerk’s office. b. Selection Committee members are prohibited from communicating with anyone, either verbally City of Delray Beach Purchasing Policies and Procedures Manual Page | 23 or in writing, regarding the proposals, outside of the scheduled and publicly noticed Selection Committee meetings. Violations of FS 286.011 are very serious and have legal and ethical ramifications. If a vendor or proposer contacts a Committee member, the member must refer the vendor or proposer to the Purchasing Department. Selection Committee members are prohibited from participating in individual meetings, informal consultations, lunches, entertainment or any other direct or indirect contact with vendors or proposers. c. After receipt of proposals, each Committee must review and evaluate each proposal independently, without discussing their evaluation with other Committee members. d. Evaluations must be based on the criteria established in the solicitation. All criteria must be scored. If a member elects to score only some of the proposals or criteria, the evaluations completed by that member will be thrown out in order to prevent skewing of the final scores. e. Evaluations must be both qualitative and quantitative based on the evaluation criteria outlined in the solicitation. If a member scores a zero (0) in any category, that member must identify the deficiency and provide a written explanation for the zero (0) score. All scores and comments become part of the solicitation and contract file and are subject to disclosure under the Florida PublicRecords Law. Committee members should have a reasonable, rational, and consistent basis for their scores, and be prepared to explain their scores in the event of a protest or inquiry. f.Prior to the Selection Committee meeting in a public forum, any questions, clarifications, or additional information requested from a proposer by a member must be submitted in writing through the Purchasing Department. The Purchasing Department is responsible for obtaining a written response from the proposer and sharing the response with all Committee members prior to the first publicly advertised meeting. g. Score sheets must be completed prior to the Committee meeting where rankings will be determined. After the Selection Committee members have independently completed the initial review and scoring of all proposals, the Committee will convene at a publicly posted meeting to openly discuss the proposals. Members may adjust their initial scoring based on their interpretation of any additional information gained from the Committee’s discussions. After all discussions have been completed each Committee member shall finalize their scores. Each member is required to sign the score sheet and any note pages and submit them to the Chairperson as part of the public record. h. Score sheets will be tabulated and ranked from the highest to the lowest by the Chairperson. i.Depending on the outcome of the scoring, the Committee will recommend one of the following: a.Award the contract to the highest ranked proposer; or City of Delray Beach Purchasing Policies and Procedures Manual Page | 24 b.Short-list the top ranked proposers and request scheduling of oral presentations j.If the Committee recommends awarding the contract to the highest ranked proposal, no further action is required by the Selection Committee. k. If oral presentations are requested, the Selection Committee shall identify which proposers will be asked to provide oral presentations. The Selection Committee may request oral presentations from as many proposers as necessary; however, it is recommended that the Committee come to a consensus and request presentations only from the top-ranked proposers. l.When oral presentations are requested by the Selection Committee, the members shall submit a written request to the Chairperson for specific areas needing additional explanation and/or clarification or any other information the Committee would like the proposers to provide during the oral presentations. m. All proposers selected for oral presentations will be notified in writing of the publicly posted meeting by the Committee Chairperson or designee, identifying the date, time, location, with a uniform script listing the specific questions or information requested by the Selection Committee to be addressed at the presentation. n. Prior to the oral presentations, the Chairperson will provide the evaluation criteria and score sheets to the Selection Committee. o. During the oral presentations, Committee members will be able to ask questions of the proposers for a clear understanding of each proposer’s position. p. After oral presentations are completed, the Committee will have the opportunity to continue discussions among themselves. After discussions are completed, each member shall finalize their scores. Each member is required to sign the score sheet and any note pages, and submit them to the Chairperson as part of the public record. q. Score sheets will be tabulated and ranked from the highest to the lowest by the Chairperson. The award recommendation will be for the proposer with the highest ranked score. r.The Selection Committee Chairperson shall work with the City department on a recommendation to award for processing through the City Manager and/or the City Commission, as appropriate. s. Florida Statutes require that all internal workings of the Selection Committee be kept confidential until the Committee has completed its work and all proposers have been officially notified of the selection. City of Delray Beach Purchasing Policies and Procedures Manual Page | 25 NEGOTIATIONS The Purchasing Director, or designee, shall manage the negotiation process for all City procurement projects. However, this shall not preclude the use of consultants or legal assistance in developing negotiation strategy and conduction negotiations and discussions with vendors. In general, negotiations shall be conducted under the principle of “win-win”, where the City and vendor share benefits from the process and subsequent contracts. All negotiations shall follow the requirements of Florida Statutes, and must be conducted with the highest ethical standards, fairness and equity; and with the understanding that the City shall not be placed in an unfair or unreasonable position to the vendor’s. All negotiation meetings with vendors must be recorded and conform to the public records requirements of applicable laws. The Purchasing Director, in consultation with the City Manager or designee, have the option to appoint a Negotiation Team to assist with various aspect of developing negotiation strategy and conducting negotiations with the vendor(s). The Team shall comprise stakeholders and individuals who are familiar with the project, and have the ability to describe fully the scope of the project and articulate clearly the City’s position. All negotiating team meetings at which negotiation strategies are developed or discussed shall be recorded in accordance with Section 286.0113 Florida Statutes. In general, the ability to negotiate, and the process to be followed are restricted as follows: a.INVITATIONS TO BID; INVITATIONS TO QUOTE; INFORMAL QUOTATIONS Negotiationson price only with the responsive and responsible bidderoffering the lowest price. b.REQUESTS FOR PROPOSALS Negotiations on price, scope, and terms, based on the conditions for negotiations established in the Solicitation. c.REQUESTS FOR QUALIFICATIONS Negotiations on price only, based on the procedures established in the Solicitation. REJECTION OF BIDS OR PROPOSALS The City Manager, or designee, may reject any and all bids or proposals or parts of all bids or proposals when such rejection is in the best interest of the City. Rejection of bids or proposals may also be protested. A bid or proposal may be rejected if any of the following conditions exist: a. The bid or proposal does not conform to the technical specifications and/or solicitation documents; City of Delray Beach Purchasing Policies and Procedures Manual Page | 26 b. Insufficient financial resources and/or lack of technical ability, physical capacity and/or skill of the vendor to perform the contract or the service required; c. Inability of the vendor to perform the contract or provide the service within the time specified without delays or interference; d. Previous and existing non-compliance by the vendor with laws and ordinances relating to the contract or services; e. Inadequate quality or performance on previous contracts for goods and/or services; f.Vendor has been declared to be in default on any City or public entity contract, or debarred or suspended by any public entity; g. Taking exceptions to the terms, conditions and specifications of the bid or proposal; h. Non-conformance with minority business and/or disadvantaged business enterprise provisions and requirements, where applicable; i.When the City determines that the price quoted is not fair and reasonable; j.Insufficient competition; k. Any other cause in the best interest of the City. VENDOR POOL CONTRACTS Vendor Pool contracts are contracts that have been awarded to multiple vendors which have met the basic qualifying requirements established for the contract, but do not contain within the contract itself all of the data needed to establish firm pricing for a specific product or specific service to be provided under the contract. Examples of these contracts include, but are not limited to: a. Pre-qualification contracts awarded by the City. These contracts simply specify a pool of contractors who are authorized to provide the required product or service to the City; b. Contracts awarded by the City that include pricing information relating only to hourly rates, or discount rates from catalogs or otherwise established commercial pricing sources, may be determined to beVendor Pool contracts. Contracts structured in this manner often do not include all the information necessary to determine the firm price for a given product or service from the information contained in the contract. Contracts that do not contain sufficient information in that regard are considered to be Vendor Pool contracts; City of Delray Beach Purchasing Policies and Procedures Manual Page | 27 c. Contracts awarded by other Government Agencies and not-for-profit organizations that include pricing information relating only to hourly rates, or discount rates from catalogs or otherwise established commercial pricing sources, may be determined to be Vendor Pool contracts. Vendor Pool contracts require additional competitive action prior to award of a specific purchase to a specific vendor listed on the contract. Specific quoting and award procedures (i.e.; a “road map”) for use of each Vendor Pool contract will be developed on a case-by-case basis by the Purchasing Department in coordination with the requesting departments. These procedures shall be structured to provide the competitive structure and documentation necessary to clearly support the award of a specific purchase to a specific vendor. ADDITION OF VENDORS TO POOL CONTRACTS A pre-qualification contract that establishes a pool of vendors based on minimumrequirements may allow for additional vendors to be added to the pool at any time during the contract term. If this is allowed, it must be specifically stated in the contract terms and conditions. Additional qualified vendors must meet the minimum qualifications establishedin the original solicitationto be added to the pre-qualified vendor pool. ACCESSING CONTRACTS FROM OTHER GOVERNMENT AGENCIES AND NOT-FOR-PROFIT ORGANIZATIONS The City may award a contract by accessing the goods or services from any State of Florida contract, or contracts from any subdivisions, or from any other governmental entity (other than the Federal government), and from Not-For-Profit Organizations; provided the item or service is not available through an existing City contract, and was competitively solicited. Before any purchase controlled by this section can be made, vendors shall comply with all City requirements, (including but not limited to City affidavits), prior to recommendation of approval by the Purchasing Department, the City Manager, or the City Commission. A copy of the contract or award documents shall be obtained from the government agency. If these documents are not available, copies of specific pages with information on the contract number and its expiration date, terms and conditions, the item(s) description and price, warranty period, payment terms, FOB terms, and other pertinent information shall be obtained. Contracts awarded by other government agencies and not-for-profit organizations, can be used on a direct award basis when those contracts were awarded based on full and open price competition. Use of pool-type contracts awarded by other governmental agencies (or not-for- profit organizations) is also authorized, but such contracts aresubject to further competitive action by the Purchasing Department on a case-by-case basis. When accessing another entity’s contract, staff is to carefully review the terms and conditions of that contract, noting that vendors can provide services only in those categories in which they were awarded on the competitively solicited proposal or bid. LIMITED OR NO COMPETITION ACQUISITIONS City of Delray Beach Purchasing Policies and Procedures Manual Page | 28 POLICY It is the policy of the City of Delray Beach to purchase its goods and services through a full open and competitive process. However, when competition is not available or when it is determined in the best interest of the Cityto utilize other than full and open competition, Citylegislation authorizes the execution of purchases by other methods, such as a Bid Waiver, Sole Source or Emergency basis (specific guidance on emergency actions is contained in a separate section of this guide - this section pertains only to bid waiver and sole source acquisitions). One of the Purchasing Department’sprimary goals is to foster full and open competition in the acquisition of goods and services for the City departments. The Purchasing Director will review all Sole Source, Bid Waiver, and City Standard purchase requests to determine the appropriate acquisition approach. The Department will also perform industry and product market research to determine if alternative sources of supply are available. The Purchasing Department will work closely with requesting departments to ensure that contract scope and work requirements are expressed in terms of performance or functionality whenever practical. When the requestingdepartment has decided internally that full and open competition is not in the City’s best interests, the appropriate justification for that decision must be submitted to the Purchasing Department for approval to waive the competitive process. Using the appropriate justification form, the requesting department must indicate the purpose of the acquisition, the uniqueness of the item or service, why waiving the competitive process is in the City’s best interests, thatmarket research has been performed by the requestingdepartment to support itsdecision, and what proposed actions will enhance competition in future acquisitions. DEFINITIONS A sole source purchase is the acquisition of a good or service for which there is only one source that can provide the good or service, and an equal product or service is not available from any other source. A bid waiver is a purchase of a good or service without formal competitive bidding, when it is determined to be in the best interest of the City. In a non-competitive bid waiver only one quote is sought. In a competitive bid waiver (limited informal competition) more than one quote is sought. A city standard purchase is the acquisition of a good when the City has determined that a particular style, brand, make or model is the only type that meets the City’s requirements for performance, consistency, compatibility, or other salient characteristics, and such determination has resulted in therebeing only one source available to the City. The Purchasing Department may negotiate with the vendor(s) to obtain the best possible contractual arrangements for the City. PROCESS City of Delray Beach Purchasing Policies and Procedures Manual Page | 29 The Purchasing Department will review all justifications to determine the appropriate acquisition approach. This will include evaluating specifications and statements of work to ensure that no artificial barriers or unnecessary restrictions prohibit or reduce competition. The Department will work closely with requesting departments to ensure that minimum requirements are expressed in terms of performance or functionality. The Department shall perform product and industry market research in order to determine if alternative sources of supply may be available to meet the requirements. To make the administration of non-competitive acquisition effective and efficient, and to avoid redundant efforts, requesting departments must submit a completed sole source, bid waiver, or city standard justification form to the Purchasing Department for review and approval prior to entering into any type of negotiations with a proposed supplier. Both advance acquisition planning, and early Purchasing Department involvement in the planning process, are key to a successful procurement, competitive or otherwise. It is the responsibility of the requesting department to justify in writing to the Purchasing Department why it is in the City’s best interest to waive thecompetitive process. For all sole source,bid waiver, or city standard requests, the requesting department must submit a fully completed justification form to the Purchasing Department supported by: a. Specifications or statement of work that clearly establishes the minimum performance or functional requirements of the product(s) or service(s); b. Description of the requesting department’s unique need that precludes full and open competition; c. For sole source requests, evidence that the supplier is the exclusive distributor or authorized repair or service center or has exclusive territorial rights (if applicable); d. Evidence of proprietary rights (if applicable); e. Vendor proposal and quote (if any); and f.Any other supporting documentation. SOLE SOURCES Upon receipt of a signed justification for a sole source, the Purchasing Department shall make a determination, through a review of the material and appropriate market research. If it is determined that more than one source is present in the market, the Department will provide the requesting department with a written market research summary and a recommendation on the appropriate procurement process to follow. If the Purchasing Department determines that there is only one source, and competition is not available, and the dollar value of the action is less than $65,000; the Purchasing Department, with the support of, City of Delray Beach Purchasing Policies and Procedures Manual Page | 30 and in collaboration with the requesting department, will negotiate a contract with the vendor that represents the best interest of the City, including terms and conditions, and price. The Purchasing Departmentwill then issue the appropriatecontract award, subject to the applicable authorization levels. BID WAIVERS Upon receipt of a signed justification for a bid waiver, the Purchasing Department shall make a determination, through a review of the material and appropriate market research. If it is determined that a bid waiver is appropriate, the Purchasing Department with the support of and in collaboration with the requesting department, negotiates a contract with the vendor in the best interest of the City, including terms and conditions, and pricing. Upon completing negotiation, the Purchasing Department will then issue the appropriate contract award, subject to the applicable authorization levels. CITY STANDARD Upon receipt of a signed justification for a city standard purchase, the Purchasing Department shall make a determination, through a review of the material and appropriate market research. If it is determined that a city standard purchase is appropriate, the Purchasing Department with the support of and in collaboration with the requesting department, negotiates a contract with the vendor in the best interest of the City, including terms and conditions, and pricing. Upon completing negotiation, the Purchasing Department will then issue the appropriate contract award, subject to the applicable authorization levels. AWARD When all requirements are met, and the PurchasingDirectoror designee is satisfied that there is only one source of supply, or determines that a non-competitive situation exists for goods or services to be purchased, full and open competition may be waived by the Director. When the expenditure exceeds $65,000, the Purchasing Director shall forward an appropriate recommendation to the City Manager. If the City Manager is satisfied that a no competition or limited competition purchase request is in the best interests of the City, he/she shall forward the subject request to the City Commisison for award. All vendors must comply with all City requirements prior to award. Additional funds and/or extensions of time that may be requested during the resultant contract period are subject to the authority levels for all such contract modifications. In addition to the above described limited competition actions, there may be certain exceptional situations where full and open competition procedures cannot be used in association with a given administrative requirement. Such actions are hereby identified as “Administrative Purchases”. The only administrative situations that justify processing “Administrative Purchases” on a limited competition basis are as follows: a. Post-expiration fund disbursement: This authorized Administrative Purchase is defined as an administrative function which allows for the disbursement of funds after the expiration date of a contract period or which allows additional funds to be allocated in order to effectuate previously executed lease agreements. This category of Administrative Purchase shall only be approved by City of Delray Beach Purchasing Policies and Procedures Manual Page | 31 the Purchasing Director in consultation with the Finance Administrator in accordance with the authority limits established herein and only then to satisfy a financial commitment made under a previously approved contract that has expired. Administrative Purchases are necessary primarily to facilitate lease agreements and other type arrangements that may out live the original contract term. b. Unauthorized/Confirmation purchases:This administrative purchase is defined as a ratification of an unauthorized purchase executed by a requesting department that is not in compliance with the policies contained in the City’s purchasing and contracting policies and guidelines. A Confirmation Purchase requires retroactive approval (if appropriate) of an unauthorized purchase. A confirmation purchase requires retroactive approval by the City Managerfor actions over $2,500 up to $65,000, and by the CityCommissionfor commitmentsexceeding that amount. Payment for any unauthorized purchase may be the responsibility of the person placing the order. The department director having responsibility over the unauthorized purchase shall provide to the Purchasing Department a complete written justification for the specific unauthorized purchase and the corrective action intended to prevent recurrenceof the incident. A copy of this justification shall be included or attached to the Confirmation Purchase Form. EMERGENCY PURCHASES An emergency purchase shall be defined as an unforeseen or unanticipated urgent and immediate need for equipment, supplies, or services where the protection of life, health, safety or welfare of the community or the preservation of public properties would not be possible using normal purchasing procedures. EMERGENCY PURCHASES Before any purchase controlled by this section is made, the requesting department shall contact the Purchasing Department for concurrence, explain the nature of the emergency, and provide a written certification of the emergency. Unless precluded by the nature of the emergency situation, vendors are to comply with all City purchasing requirements, including but not limited to City affidavits, prior to recommendation of approval by the Purchasing Director, City Manageror the City Commission. If the item or service cannot be obtained from a vendor with an existing City contract, the requesting department should obtain four (4) quotations, whenever possible, from active City vendors. The requesting department shall be responsible for obtaining from the contracted vendor the necessary affidavits, insurance certificates, proof of proper licenses, trade certificates, permits, etc., as the emergency work may require. As soon as possible, the requesting department shall submit to the Purchasing Department the following documentation: a. Emergency input document with appropriate signatures; City of Delray Beach Purchasing Policies and Procedures Manual Page | 32 b. Vendor(s)’s written quotation(s); c. Department’s justification and/or explanation of circumstances for emergency purchase, to include a clear definition of the products and/or services sought and how and where it will be used; and d. Any other supporting documentation, as may be applicable. AUTHORITY TO AWARD EMERGENCY PURCHASES In the event a Department Director, or an authorized designee, determines that an emergency situation exists which requires an immediate response, a contract may be awarded regardless of the amount of expenditure. A purchase order will be issued by the Purchasing Department upon receipt of acceptable supporting documentation from the requesting department. If the expenditure is in excess of $65,000, the City Manager shall present the circumstances to the City Commission for its ratification. MONITORING EMERGENCY PURCHASE REQUESTS The Purchasing Department shall report to the City Manager, through the Purchasing Director, any City requestingdepartmentprocurement practices thatreflect poor operational planning or management and have the potential effect of defeating the purpose of the procurement process. EMERGENCY DISASTER PURCHASES Emergency disaster purchases are those purchases needed due to unforeseen acts of nature, to include but not limited to: hurricanes, tornados, floods, fire, etc.; and only when the City Manager or designee declares that a state of emergency exists. For acquisitions of this type, the following procedures apply: a.The Requesting Department Director or designee, after verbal consultations with the Purchasing Director and the City Manager, shall have the authority to enter into any contract when the Director determines, based on his/her expertise, that such work is necessary to preserve the life and safety of City residents and the wider community; b.The Requesting Department Director or designee shall first contract with vendors which are already on City contracts for the goods or services needed; c.All disaster purchases that are acquired without full and open competition or under an existing contract must be subsequently ratified by the City Manager or City Commission, as appropriate. City of Delray Beach Purchasing Policies and Procedures Manual Page | 33 REQUEST TO MODIFY A CONTRACT OR PURCHASE ORDER When a requestingdepartment requires a change to a purchase order or to modify a contract, the request must be submitted to Purchasing Department for review and approval. Before submitting a request to modify a purchase order or contract, the requesting department should review the following conditions: a.Valid requirements have been established; b.Funds are available to cover the purchase; and c.Appropriate justification is included with the request package. The requesting department shall submit its request, together with all supporting documentation, to the Purchasing Department for review and determination as follows: d.Justification and/or explanation for request to modify the purchase order or contract. If goods and/or services are going to be used for the first time, state what the department was using before; and e.Any other supporting documentation as may be applicable. Modifications and change orders to contracts and purchase orders require approval at the established authorization levels. Requesting departments may not proceed with any action on modified contracts or purchase orders until approval has been received from the Purchasing Director, the City Manager, or the City Commission, as appropriate. MONITORING AND REPORTING VENDOR PERFORMANCE Vendor performance is any action or inaction by a vendor under a contract, purchase order or other binding agreement with the City of Delray Beach. Any action or inaction by a vendor, which does not comply with the contractual terms and conditions, will be considered nonperformance and is to be documented and reported to the Purchasing Department. Nonperformance includes but is not limited to, late or non-deliveries, substandard or unacceptable goods and/or service levels, habitual under or over shipments, and unauthorized subcontracting or contract assignments. The requesting department shall appoint project managers, who shall be responsible for monitoring vendor performance as it relates to the terms and conditions of the contract(s) and/or purchase order(s) issued. Vendor nonperformance actions are to be documented and reported to the Purchasing Department for appropriate action aimed at correcting vendor performance, placing the vendor on probation for a period of time, suspension from bidding on City contracts, vendor debarment, and/or contract termination. ACTION BY REQUESTING DEPARTMENT City of Delray Beach Purchasing Policies and Procedures Manual Page | 34 The non-performing vendor should first be contacted by telephone to discuss the problems being experienced. A mutual understanding should be reached, if possible, and a time frame for corrective action established. The requesting department should convene a meeting with the vendor to help resolve problems, whenever possible.Should the vendor continue to not meet the requirements, the requesting department should submit a memo to the Purchasing Director, attach any available documentation to substantiate the problem, including a copy of any letters sent to the vendor or records of meetings (as applicable). After receiving the vendor nonperformance, the Purchasing Department will review the documentation to determine the appropriated course of action. This action may include: calling the vendor, sending vendor a “Notice to Cure”, or scheduling a meeting with the vendor. Where progressive steps aimed at correcting vendor performance have proven futile, the Purchasing Department may hold a hearing to determine the next course of action. The vendor and the requesting department will be invited tothis meeting,wherethe PurchasingDirector or designeewill act as a hearing officer. After listening to all parties, the hearing officer may: a.Establish a probation period for the vendor to correct all noncompliance problems; b.Terminate the contract for default; c.Terminate the contract for convenience; or d.Find no action necessary. A copy of all written actions or documents will be provided to the requesting department. The final decision and formal action will be filed in the contract e-folder for future use in determining vendor responsibility in future award recommendations. For contracts up to $65,000, the PurchasingDirector may terminate the vendor for convenience or default in accordance with the relevant provisions of the contract. For contracts greater than $65,000, the City Manager will recommend to the City Commission the best course of action to safeguard the interests of the City. OFFER GUARANTEE, PERFORMANCE AND PAYMENT BONDS, AND INSURANCE BID OR OFFER GUARANTEE A bid deposit to guarantee the vendor’s intention to enter into a contract with the City, not to exceed ten percent (10%) of the estimated total bid price, may be required by the Purchasing Department. If a bid or offer deposit or bid or offer bond is required, it shall be in the form and amount specified in the solicitation. City of Delray Beach Purchasing Policies and Procedures Manual Page | 35 PERFORMANCE AND PAYMENT BONDS The Purchasing Department may require performance and payment bonds from the vendor selected for contract award in such amounts as may be deemed reasonably necessary to protect the best interests of the City. The bonds shall be in the form supplied by the City (no other form will be accepted) and in the amounts required by the solicitation. INSURANCE The Purchasing Department may require insurance coverage from the vendor selected for award as may be deemed reasonably necessary to protect the best interest of the City. The insurance coverage shall be in the form and amount(s) as required by the solicitation. Awards may be contingent upon submission of required insurance coverage and performance and payment bonds. If the vendor selected for award fails to fulfill these requirements the following default actions will be followed. a. For contracts up to $65,000, the City Manager or designee, in consultation with the City Attorney, may render the vendor in default, re-award the contract to the next lowest responsive/responsible vendor, and subject the defaulted vendor to re-procurement charges or to forfeiture of the bid/offer bond, or security in an amount equal to the damages sustained by the City as a result of the default. b. For contracts greater than $65,000, the City Manager, in consultation with the City Attorney, may declare the vendor in default. The City may re-award to a new vendor who participated in the solicitation, but was not awarded any portion of the contract. The City Manager will obtain approval from the City Commission. MARKET RESEARCH Market research must be conducted in anticipation of City procurement in order to ensure that specifications are suitable for fair and open competition. Market research is the foundation for developing an effective solicitation and successful contract that includes terms and conditions consistent with sound business practices and procurement laws. PURPOSE OF MARKET RESEARCH The primary purpose of market research in public procurement is to determine the availability of sources of supply or alternatives solutions that will meet minimum requirements. Market research should always begin with the intent to satisfy a legitimate Cityrequirement or need. The need should be stated in terms of performance or functionality whenever practical. This means that the minimum requirements must be clearly understood and defined before market research can begin. Once the need has been established, market research must be conducted in order to determine the capability of the marketplace to meet the need of the City. City of Delray Beach Purchasing Policies and Procedures Manual Page | 36 Market research includes identifying the attributes of existing products, processes or services that meet minimum requirements, or identifying the characteristics that of a yet to be identified product, process or service must possess. Effective market research should provide adequate information regarding existing products or services,qualified sources,industry trends,pricing,and what other entities are doing to meet the same or similar requirements. Failure to conduct thorough market research may result in requests for sole source or bid waiver purchases that cannot be adequately justified. It is extremely important that the integrity of the procurement process be sustained at the highest standards and that suppliers are given a fair opportunity to compete for City business. In anticipation of a City procurement, market research must be conducted to ensure that specifications are not exclusionary, restrictive or favor any one vendor or proposer. WHEN TO CONDUCT MARKET RESEARCH When planning for a purchase (prior to or during the development of specifications or statements of work) of any dollar amount, the requesting department should conduct market research. Contact, whenever possible, a minimum of three different sources to determine if existing products or services are available to meet requirements or if existing products or services can be modified to meet requirements. MARKET RESEARCH TECHNIQUES Research should include, whenever practical: a. The industry trends and customary terms and conditions regarding warranties, acceptance and inspection; b. Buyer financing – method and best practices; c. Standard maintenance support; d. Capable sources (including small businesses) e. General pricing information and availability of product(s); f.Competitive factors such as quality, product features, speed of technology and typical lead time; g. Commercial practices, other government entities practices; and industry support capabilities and practices; and h. Environmental issues – recovery and disposal of products and energy efficiency standards as might be appropriate. City of Delray Beach Purchasing Policies and Procedures Manual Page | 37 EXTENT OF MARKET RESEARCH As indicated before, a minimum of three potential sources must be sought prior to or during the planning of a pending acquisition. However, the extent of market research may vary depending on factors such as urgency, the estimated dollar value, complexity, past experience and the amount of information already available. In some circumstances, the Purchasing Department may perform the market research. It is important to remember that market research is not a substitute for full and open competition. It is not to be used to determine which product or service, supplier or proposer is best. Market research is conducted to determine the availability of products or services that meet the City’s minimum requirements and to ensure that specifications are not exclusionary or otherwise restrictive. SOURCES OF RESEARCH DATA There are a variety of sources for information. However, perhaps the first place to start is with the City’s (or Public Purchase’s or DemandStar’s) own database of vendors. Using commodity codes, departments may find firms with the ability to meet their requirements. Departments may also contact one or more of the following: a. Subject matter experts within the City, other governments or private industry; b. Publications and trade journals from industry; c. Marketing organization, professional associations and tradeshows; d. Colleagues from other jurisdictions; e. NIGP website: www.NIGP.org; or f.Web searches using Internet search engines like Yahoo, Google, etc. BLANKET PURCHASE ORDERS A blanket purchase order is utilized for the recurring acquisition of particular goods from a particular vendor for multiple small purchases (generally not exceeding $2,500 each)and may be established within the guidelines below. This purchase method is typically utilized for the acquisition of goods or services on an “as needed” basis (a requirements contract) with vendors who do not accept P-cards. a.The blanket purchase order must indicate the maximum permitted expenditure for the particular budgeted line item, which may not exceed $20,000 for the fiscal year. The blanket purchase order may not exceed the total amount budgeted for that line item account. b.Blanket purchase orders expire on September 30, at the end of the fiscal year. City of Delray Beach Purchasing Policies and Procedures Manual Page | 38 c.Blanket purchase orders are subject to the same review process outlined for all other purchase orders. COOPERATIVE PURCHASING The City Manager or designee shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the City would be served thereby, subject to the requirement that any purchase in excess of sixty-five thousand dollars ($65,000) shall require City Commission approval. PURCHASE OF USED EQUIPMENT Used equipment may be purchased within the following guidelines. a.PURCHASE AT AUCTION The appropriate Department Head shall submit a written request to the Purchasing Director and City Manager requesting authority to purchase an item at auction. The request shall include: i.An estimated cost and a maximum bid amount. ii.A justification for purchasing used, rather than new equipment. iii.The result of an inspection by a mechanic or other qualified technician, indicating the condition of the equipment, estimated repair cost if not operational, annual maintenance costs, and expected life of equipment after acquired by the City. If the maximum bid is expected to be more than $65,000, the City Commissionmust approve a bid waiver prior to the auction. If the maximum bid amount is expected to be less than $65,000, the PurchasingDirector and City Manager must approve the request in writing, and indicate the approved maximum bid amount prior to the auction. After approval, the Department Head may bid up to the maximum bid amount to purchase the equipment. A purchase requisition must be prepared as part of this procedure. b.PURCHASE FROM OTHER AGENCIES/ENTITIES City of Delray Beach Purchasing Policies and Procedures Manual Page | 39 The Department Head shall submit a written request to the Purchasing Director and City Manager requesting authority to negotiate the purchase of an item from another agency or entity. The request shall include: i.An estimated cost and a maximum offer amount. ii.A justification for purchasing used, rather than new equipment. iii.The result of an inspection by a mechanic or other qualified technician, indicating the condition of the equipment, estimated repair cost of not operational, annual maintenance costs and expected life of equipment after acquired by the City. If the maximum offer is more than $65,000, the City Commission must approve a bid waiver. If the maximum offer is $65,000 or less, the Purchasing Director and City Manager must approve the request in writing and indicate the approved maximum offer amount prior to the commencement of negotiations. After approval, the Department Head shall negotiate a price with the agency or entity, not offering more than the maximum as approved above. The Department Head shall prepare a purchase requisition as part of this procedure. Under no circumstances shall an unauthorized employee offer to purchase used equipment from an individual, including an employee of the City. CHANGE ORDERS AND AMENDMENTS Contracts must be amended in the same manner in which they were executed, and at the requisite authorization levels, unless the contract provides for an alternative method of amendment. PETTY CASH Petty cash accounts may be established, with the approval of the Finance Administrator, to expedite miscellaneous small purchases. Petty cash can be used by all departments for facilitating the transaction of City business, but shall not normally be authorized for purchases in excess of $50. Petty cash reimbursements greater than $50 must be approved by the Finance Administrator or designee. The use of petty cash shall be limited to: a.The purchase of items that are not ordinarily on hand in the City. City of Delray Beach Purchasing Policies and Procedures Manual Page | 40 b.The payment of handling or C.O.D. charges for goods delivered. c.Small purchases that must be made from vendors who do not offer the City a credit account. d.Meals for local seminars, conferences and other business meetings. e.Toll receipts and mileage reimbursement. Petty cash requests must be accompanied by a receipt and approved by a petty cash custodian. Each department that manages a petty cash box must provide the Finance Administrator with a list of authorized custodians, designating each as a primary or alternate custodian. SALES TAX EXEMPTION The City of Delray Beachis exempt from paying Florida State Sales Tax. All employees who purchase goods or services on behalf of the City shall supply each vendor with a copy of the City’s tax exemption certificate or number to avoid being assessed state sales taxes. Employees will not be reimbursed for the payment of state sales tax, except for travel outside the State of Florida. The Sales Tax Exemption privilege is for the purchase of goods exclusively for use of the City of Delray Beach. City employees are expressly prohibited from purchasing goods or supplies for personal use using the City’s tax exemption number/certificate. REFERENCES AND ENDORSEMENTS Only Department Heads or senior management staff may provide references for City vendors. These vendors must be very general in scope and information, and should provide information in a non- emotional and non-inflammatory manner. Department Heads and senior management staff may decline to provide a reference on any City vendor for any reason whatsoever. City staff shall not give endorsements or make statements on behalf of the City to vendors for use in vendor advertising, sales brochures, website promotions, etc. Such requests must be referred to the Purchasing Director for review and discussion with the City Manager. City of Delray Beach Purchasing Policies and Procedures Manual Page | 41 EXCELLENCE IN PUBLIC PROCUREMENT – CODE OF ETHICS The Purchasing Department of the City of Delray Beach embraces and subscribes to the professional standards of the Code of Ethics of the National Institute for Governmental Purchasing. Those professional standards are: Seeks or accepts a position as head (or employee) only when fully in accord with the professional principles applicable thereto and when confident of possessing the qualifications to serve under those principles to the advantage of the employing organization. Believes in the dignity and worth of the service rendered by the organization, and the societal responsibilities assumed as a trusted public servant. Is governed by the highest ideals of honor and integrity in all public and personal relationships in order to merit the respect and inspire the confidence of the organization and the public being served. Believes that personal aggrandizement or personal profit obtained through misuse of public or personal relationships is dishonest and not tolerable. Identifies and eliminates participation of any individual in operational situations where a conflict of interest may be involved. Believes that members of the Institute and its staff should at no time, or under any circumstances, accept directly or indirectly, gifts, gratuities, or other things of value from suppliers, which might influence or appear to influence purchasing decisions. Keeps the governmental organization informed, through appropriate channels, on problems and progress of applicable operations by emphasizing the importance of the facts. Resists encroachment on control of personnel in order to preserve integrity as a professional manager. Handles all personnel matters on a merit basis, and in compliance with applicable laws prohibiting discrimination in employment on the basis of politics, religion, color, national origin, disability, gender, age, pregnancy and other protected characteristics. Seeks or dispenses no personal favors. Handles each administrative problem objectively and empathetically, without discrimination. City of Delray Beach Purchasing Policies and Procedures Manual Page | 42 HOW TO DO BUSINESS WITH THE CITY OF DELRAY BEACH Each year, the City of Delray Beach contracts with various vendors for more than $20 million of different types of goods, services, and commodities for the benefit of the residentsof Delray Beach. The Purchasing Department is the City’s central purchasing unit with the responsibility for managing the City’s purchasing and contracting processes. The City welcomes and encourages qualified vendors and contractors, including local businesses, minority-owned firms, small business enterprises, veteran-owned companies, to respond to solicitations by submitting offers and proposals. Delray Beach does not require vendors or any firm, individual or organization to register with the City in order to do business. However, vendors are encouraged to visit the City’s website at www.mydelraybeach.com and join the Vendors List to receive email notifications when solicitations are advertised. City solicitations are advertised in the Palm Beach Post, and are also available on Demand Star and Public Purchase. Vendors are encouraged to visit the Demand Star and Public Purchase websites at www.bidsync.com to register with those companies to receive notices of City solicitations. When a vendor is awarded a contract with the City, the Finance Department contacts the vendor to obtain a copy of the vendor’s W-9 and to register the vendor in the financial system for invoice processing and payment. Vendors may choose direct-deposit for payments, as this process results in quicker payment of invoices. Delray Beach awards contracts and agreements to responsible and responsive bidders and proposers, and whose offers or proposals represent the lowest price or best value for the City. The City has a strict No Gifts Policy, observes a Cone of Silence on all advertised solicitations, and has a Vendor Code of Conduct, which outline expected ethical and professional behavior. The Purchasing Department also reviews vendor performance on City contracts, and other public entity contracts, in arriving at a determination if a bidder or proposer meets the definition of a responsible vendor and may be recommended for award. For more information on the City’s purchasing policies and procedures, and to learn more about doing business with Delray Beach, please visit City’s website at www.mydelraybeach.com or telephone (561) 243-7000 x-1810 to speak directly with the Purchasing Department. City of Delray Beach Purchasing Policies and Procedures Manual Page | 43 May 2017 *** City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-448,Version:1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: June 6, 2017 ADOPTION OF RESOLUTION NO. 44-17 SALE OF 15’ RIGHT OF WAY (602 ALLEN AVENUE) THROUGH QUIT CLAIM DEED Recommended Action: Motion to Approve Resolution No. 44-17. Background: According to the Property Appraiser,the City of Delray Beach owns a land-locked parcel that lies adjacent to and south of lots 7,8 and 9 of the Snow Hill Plat.As early as 1982,the subject parcel was abandoned by the City as evidenced by various warranty deeds of neighboring properties. Through a Tax Deed signed in 1997,the parcel was deeded back to the City of Delray Beach from Palm Beach County. The land-locked parcel is of no use to the City.In fact,the parcel was recently advertised as a “surplus property”for sale.ESD has confirmed that no easement is necessary.City staff believes it is in the City’s best interest to quit-claim deed the parcel to the property owner,pursuant to their request.However,the property owner,in exchange for the Quit-Claim Deed,will be required to complete and record a Unity of Title in order to finalize the transaction. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: N/A Timing of Request: N/A City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-452,Version:1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: June 6, 2017 ADOPTION OF RESOLUTION NO.45-17 SALE OF 15’RIGHT OF WAY (604 ALLEN AVE) THROUGH QUIT CLAIM DEED Recommended Action: Motion to Approve Resolution No. 45-17. Background: According to the Property Appraiser,the City of Delray Beach owns a land-locked parcel that lies adjacent to and south of lots 7,8 and 9 of the Snow Hill Plat.As early as 1982,the subject parcel was abandoned by the City as evidenced by various warranty deeds of neighboring properties. Through a Tax Deed signed in 1997,the parcel was deeded back to the City of Delray Beach from Palm Beach County. The land-locked parcel is of no use to the City.In fact,the parcel was recently advertised as a “surplus property”for sale.ESD has confirmed that no easement is necessary.City staff believes it is in the City’s best interest to quit-claim deed the parcel to the property owner,pursuant to their request.However,the property owners,Kenneth and Anita Orr will be required to complete and record a Unity of Title in order to finalize the transaction. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: N/A Timing of Request: N/A City of Delray Beach Printed on 5/30/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-454,Version:1 TO:Mayor and Commissioners FROM:Timothy R Stillings, AICP, Director of Planning, Zoning, and Building THROUGH:Chief Neal de Jesus, Interim City Manager DATE:June 6, 2017 ORDINANCE NO. 16-17 ADOPTING A NEW OFFICIAL ZONING MAP PURSUANT TO SECTION 4.1.2 OF THE CITY OF DELRAY BEACH LAND DEVELOPMENT REGULATIONS (FIRST READING) Recommended Action: Motion to Approve Ordinance No. 16-17 on First Reading, as presented. Background: Section 4.1.2 of the Land Development Regulations requires the City to maintain an official copy of the zoning map ("Official Map"). This Official Map is to be held in the City Clerk's office as the official record. The last Official Map update was in 2012. Since that time, there have been several rezonings and one annexation. All adopted changes to date have been included in this map. The proposed ordinance adopts the Official Map and also amends the process by which a new Official Map shall be adopted by allowing such adoption via resolution rather than by Ordinance. This in no way impacts the process by which rezonings are adopted by the City. This proposed ordinance does not rezone any properties, but merely memorializes the current map as the New Official Zoning Map. In addition, the previous map was prepared and maintained in AutoCAD. This new map was prepared and will be maintained utilizing Geographic Information Systems (GIS). City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: This is a City-initiated amendment to adopt an Official Zoning Map that includes all adopted amendments to date. Once approved, the map will be signed and kept in the City Clerk's office and all other maps in City Hall and other City facilities and on the City website will be updated City of Delray Beach Printed on 5/30/2017Page 1 of 2 powered by Legistar™ File #:17-454,Version:1 accordingly. The Official Zoning Map will be updated periodically. City of Delray Beach Printed on 5/30/2017Page 2 of 2 powered by Legistar™ ORDINANCE NO. 16-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A NEW OFFICIAL ZONING MAP PURSUANT TO SECTION 4.1.2 OF THE CITY OF DELRAY BEACH LAND DEVELOPMENT REGULATIONS; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City of Delray Beach, Florida, is required to create and maintain an Official Zoning Map pursuant to Section 4.1.2 of its Land Development Regulations; and WHEREAS, said zoning map was transitioned from a mylar based map to a CAD based map through the adoption of Ordinance No. 53-93 by the City Commission on September 14, 1993; and WHEREAS, the City has upgraded its mapping capabilities through the use of Geographic Information Systems (GIS) and has created a new base map which is current in nature; and WHEREAS, it is necessary and appropriate that the City use its enhanced GIS mapping capabilities in the creation and maintenance of the Official Zoning Map for the future; and WHEREAS, the City's Local Planning Agency (LPA) has reviewed and recommended approval of replacement of the Official Zoning Map at a regular meeting held on March 20, 2017; and WHEREAS, the City Commission considered such an action following an advertised public hearing held on __________, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: Section 1. That the recitations set forth above are incorporated herein. Section 2.The Official Zoning Map of the City of Delray Beach, Florida, is hereby replaced with a new Official Zoning Map to be maintained on the GIS systems. Section 3.A copy of the new Official Zoning Map, upon being executed by the Mayor and attested to by the City Clerk, shall be retained in the Office of the City Clerk in accordance with Section 4.1.2(C) of the Land Development Regulations (LDRs). Section 4. The Planning, Zoning and Building Director of the City of Delray Beach, Florida, is hereby directed to publish, to distribute, to maintain and to provide revisions and updates to the new Official Zoning Map for official purposes as the need arises pursuant to Section 4.1.2(B) of the LDRs; and any subsequent Official Zoning Map revision, being ministerial in nature, may be 2 ORD. NO. 16 -17 approved in the future, without the necessity of review by the Local Planning Agency, through the adoption of a Resolution of the City Commission approving an updated version of the Official Zoning Map. Section 5.If any clause, section or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 6.All ordinances or parts of ordinances in conflict herewith are to the extent of such conflicts hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2017. ____________________________________ Cary D. Glickstein, M A Y O R ATTEST _______________________________ City Clerk First Reading__________________ Second Reading________________ RM I I CBD OSR PC OSR MROC I AC PC R-1-AB OS R-1-AA RM RM MIC RL RM R-1-AA-B PC R-1-AA RM RM PC PRD R-1-AA PCC RL RL PRD CF I RM CF R-1-AAA-B CF CF R - 1 - A CBD AC GC OSR CF RM R-1-AA RR RM R-1-AAA CF CF PC PRD RM-7 OS RO OSR R-1-AAA PRD-5 R M M I C PRD-4 O S S H A D CF CF RM-10 O S R RM-8 R-1-AA R M RL OSR R-1-A CF LI R - 1 - A RR CF RM-8 C D CF R-1-A R-1-A CF PRD R - 1 - A A RL PC R-1-A CF R-1-A M R O C RM R M CFOS RM CF R L RM OSR C F CF C F P C R-1-AA R-1-AAA-B S A D RR RM OSR C F R -1 -A R -1 -A A R -1 -A CD G C R -1 -A R -1 -A A R M RM RL C F R M R -1 -A A S A D S A D P O C O S R S A D OS R - 1 - A A R -1 -A A R -1 -A O S R AC P O C O S R P O D R -1 -A OS R-1-AA R -1 -A R M -9 NC O S R C F O S R RM R-1-AAA OSR PRD NC R-1-AA RM GC AC OS OSR OSR R -1 -A A A OS POC A O S RL R -1 -A A PRDRM RM RM RM OS O S OSO S R OSR OSR OSR G C CF A PRDRM OSR POD ARM-8 CF GC OSR MROC M R O C POD R-1-A R-1-A OS OS R - 1 - A R-1-A O S O S OS POC POD POD OS C F CF RM RM RM-6 R-1-AA CF CF GCACSAD POC RM SAD G C A R M -8 RM POCSAD P O C AGC GC POC RM GC GC NC MH NC POD P C O S R PRD PRD R M -8 R-1-A A R-1-AAA CD R-1-A C F GC AC P C P C AC RM RM RM OSR GC NC SAD SAD SAD GC RM RM M I C PC POD CF C F MIC GC O S R M OS CF R-1-AA R-1-AA RL R-1-AAA O S NC C F L I O S CF R-1-A R-1-A R-1-A OS OS O S CF R-1-A NC RMPOD R-1-A R-1-A CBD CF CF RM CF C FCFRO R-1-A R-1-A R-1-A CF O S RM RM RM C F CF CF CF CF R M OSR R-1-A R-1-A CF CF CF CFCBD CF OSRCF CF CF CBD CBD CBDRL R-1-AAA R-1-AAA SAD SAD OS RO R-1-AAA R-1-AA R-1-AA R-1-AA OSR CF AC GC GC GC CF CF NC R-1-A CF CF MIC R -1 -A R -1 -A R-1-A RM CD RM RO RM-10 AC AC CF AC R-1-AA OS CFCFCFCF CF CF GC RM RM LI RM CBDCBD R-1-A OS CD CD CD A OSR-1-AA OSR A t l a n t i c O c e a n City of Boca Raton City of Boynton Beach Town of Gulf Stream Town of Highland Beach NE 2nd St NE 1st St E Atlantic Ave SE 2nd St W Linton Blvd NE 14th St SE 10th St George Bush Blvd L i n d ell Blvd Casita Way N o r t h r i d g e R d S Latitude Cir Fiore Way W Atlant i c Av e Jefferson Rd N S w i n t o n A v e SW 2nd St NE 3rd St M c N a b R d Audubon Blvd S M i l i t a r y T r l Ad m i r a lsW a y Riviera Dr NE 4th St SE 1st St NW 10th St S e a c r e s t B l v d F e n t o n D r Cortez Ln Bolender Dr N Magnolia Cir Lake Ter NW 5th St Thomas St SW 11th St SE 9th St Dotterel Rd W h a t l e y R d SW 10th St S u n f l o w e r A v e H a r b o r C i r NW 6th St S C o n g r e s s A v e NE 22nd St Del Aire Blvd G a l l a g h e r R d Temple Dr 4 8 t h T r l S S W 1 s t A v e S W 2 n d A v e V i a V e r o n a O l d D i x i e H w y W a s h i n g t o n A v e SW 11th Ct Lowson Blvd S E 6 t h A v e Capta insWa l k N Classical Blvd NE 5th St L a w r e n c e R d N F e d e r a l H w y C ommod o r e C i r N E 9 t h A v e N O c e a n B l v d S e a b r e e z e A v e NW 13th St Conklin Dr Lake Shore Dr C o r a l W a y F l a m e V i n e A v e SE 7th St S O c e a n B l v d Ave Degien N W 3 7 t h A v e NW 1st St Franwood Dr NE 6th St Eve St Georgia St F o r e s t R d Juniper Dr Black Olive Blvd SE 6th St S W 7 t h A v e S W 8 t h A v e Bexley Park Dr Gramercy Square Dr S o u t h ridge Rd A n d r e w s A v e SW 13th St Laing St Egret Cir Old Germantown Rd Lakeview Blvd SW 15th St SW 13thCt Ave Villandry Sunshine Dr Eldorado Ln H i g h l a n d L n Avocet Rd E a g l e D r Tropic Isle Dr Ave Montressor Milfred St Mallard Dr SE 3rd St Coral Trace Cir N LaurelwoodL n Ocean Ter S W 3 r d A v e SW 12th Ct BlueJayRd W R a i n b e r r y C i r N E 7 t h A v e NW 12th St Lake Ida Rd W ildwoodDr NW 3rd Ter N E 8 t h A v e Ave L Iris Dr L i v e O a k Blvd Hibiscus Rd Hummingbird Dr SW 3rd St Reigle Ave Curlew Rd A l t a M e a d o w s L n Dorson Way Bucida Rd S F e d e r a l H w y Miramar Dr NW 11th St Gallinule Dr Blvd Chatelaine NW 14th St S W 2 7 t h T e r Ingraham Ave NW 4th Ter NE 16th St Ha m ptonCirS C o r m o r a n t R d D u n l i n R d NW 2nd St N E 3 r d A v e Dogwood Dr Benjamin Ave N D i x i e B l v d N W 3 r d A v e D e l Haven Dr Ave C N W 1 8 t h A v e SW 29th St Hamp t on Cir N Highgate Dr Lamat Ave C o c o n ut K e y L n South Dr Casuarina Rd H i g h P o i n t B l v d V a l e n c i a D r H i g h P o i n t B l v d W Highland Ave S W 1 0 t h A v e S u t t o n P l L a n c a s t e r L n DolphinDr NE 7th St North Dr Ave H SW 4th St SE 8th St L i m e L n Beach Dr S E 4 t h A v e NW 3rd St S E 5 t h A v e S E 7 t h A v e SW 1st St N W 2 7 t h A v e Bond Way Ella St SW 6th St N W 1 4 t h A v e NW 7th St Gardenia Ter NW 3rd Ct O c e a n v i e w A v e W e b b A v e Ave F Harbor Dr NW 22nd St Moder n D r Lincoln Rd Delray Lakes Dr N W 2 n d Ln RiversideWay N E 1 s t A v e NW 18th St S W 3 5 t h A v e C i r c l e D r L ee Rd N AveG S W 2 2 n d A v e N W 1 s t A v e Grove Way R o y a l C t P a l m C t NW2ndCt A l m a r B l v d N W 5 0 t h A v e D o v e r R d Lee Rd S 5 2 n d A v e S NW 24th St SW 23rd St K i n g s l e y P l Central Ave Bay St Cherry Laurel Ln Genoa WaySW24thLn B osun Way Gardenia Dr F i s h e r L n Tropic Blvd S E 2 n d A v e N W 1 3 t h A v e L innetCir P i n e L n D a l e L n San C l a r a D r N W 2 8 t h A v e P a r k T r e e P l Eastview Ave A ugus t a C i r Waterway Ln Auburn Cir N Beverly Dr SW 9th St SW 9th Ct Lucky Ln Coconut Rd L a g o R d L a k e C t Southways N W 1 5 t h A v e Avocado Rd Wiggins Rd NW 4th St NE 22nd Ln Ga rd en D r Azalea Rd Seacrest Ln E a s t D r SW 1 0 t h C t D o u g l a s Ave F l o r i d a B l v d S W 5 t h A v e Seaspray Ave SW 5th S t L a k e w oodDr LakefrontBlvd S a l i n a A v e F e r n F o r e s t P l Frances Dr Z e d e r A v e Osprey Dr NE 20th St Coral Trace Pl S w e e t B a y D r S alerno Way Maurice Dr Royal Palm Dr Pelican Ln NE 1st Ct NE 21st St N W 7 t h A v e Evans Rd M a r i n e W a y H i g h P o i n t D r E S W 9 t h A v e S E 1 s t A v e N E 4 t h A v e G w e n z e l l A v e SW 8th Ct SW 7th St N W 6 t h A v e SW 8th St S W 1 1 t h A v e S W 1 2 t h A v e BluebirdDr H i g h P o i n t D r W P a l m S q Pine Lake Ct R a i l r o a d A v e Prospect St N W 3 0 t h A v e Lee St NE 19th St NW 16th St C l u b D r NW 15th St N W 4 5 t h W a y N W 1 2 t h A v e N W 1 1 t h A v e N W 9 t h A v e Crestwood Dr NW 17th St NE 18th St Eagle Cir SW 3rd Ct S Lancewood Pl F e r n L n C o c o p l u m W a y 143rd Pl L i n c o l n L n NE 16th Ct Circle Ter E NW 6th Ct Rhodes Villa Ave White Dr N W 3 2 n d A v e O a k v i e w C t NW 9th St N Vista Del MarDr NE 11th St NE 12th St NE 13th St NE 10th St NE 9th St Tangerine Trl E Linton Blvd High Point Ct W High Point Ter W KnightLn N W 15th P l N eedham Ct Brooks Ln Fern Dr B u n t i n g D r Sunrise Blvd Lewis Cv Pinetree Dr Owens Baker Rd Gallinule Cir C a r d i n a l D r S Citation Dr N La Sedona Cir S La Sedona Cir IbisDr Circle Ter W S Classical Blvd 133rd Rd S AnglerDr NE 15th St SLake Ave N LakeAve B o x w o o d D r S u n s e t D r G l e n v i e w D r PlChateau R o s e A p p l e D r Island Dr FulmarDr T r e e F e r n D r Danson Way NE 17th St Ellwood Dr McCleary St Allamanda Dr Sterling Ave Zorno Way Banyan Dr Sherwood Blvd Allen Ave Hyacinth Dr Cypress Dr Via D ' E s t e High Point Dr Barrett St Brady Blvd Gree n s wardLn S W 1 6 t h A v e Ko k o moKeyLn M a r k l a n d L n L a k e w o o d e C ir W C a n a l v i e w D r Brandon Dr Lone Pine Rd Crystal Way Village Dr L a k e I d a P a r k R d E s t u a r y T r l N W 8 t h A v e N W 4 t h A v e S w i nton Cir P onceDeLeonB l v d C a m i n o R d N W 4 6 t h A v e H a m l e t D r U d e l l L n N E 6 t h A v e S e a S a g e D r N W 5 t h A v e C ongress P a r k D r D a v i s R d S e a g a t e D r V e n e t i a n D r A u b u r n C i r W S n a p p e r W a y A u b u r n Cir E C o r a l T r a c e B l v d P elican Way N W 1 0 t h A v e C i t r u s W a y P a l m T r l Sabal Lakes R d C a t h e r ine D r S S w i n t o n A v e NW7thCt C a r l B o l t e r D r H o m e w o o d B l v d SpanishWel l s D r E R ain b erry C ir Clearbrook C ir Satin Leaf Ct N E 5 t h A v e Country Manors B l v d E n c l a v e L a k e s Dr N W 2 6 t h A v e E C l a s s i c a l B l v d F o x p o i n t e C i r N W 2 6 t h L n Par Cir Legacy C t E L a n c e w o o d P l A y l e s b u r y R d R o o s e v e l t A v e P i n e L a k e D r J a e g e r D r A l b a t r o s s R d A u b u r n A v e N W 2 2 n d A v e Lake Dr M a h o g a n y W a y P a r k A c c e s s R d N W 2 5th A v e R a i n b e r r y L a k e s D r O r c h a r d L n M a c F a r l a n e D r S W 2 8 t h A v e R a b b i t H o l l owe Cir N W 4 7 t h A v e S D r i v e W a y S E 3 r d A v e Jasmine Dr C l u b D r W Basin Dr S W 3 6 t h Ave Sh e r w o o d ForestDr S p a n i s h T r l P r e s erveDr W a l l a c e D r N W 2 n d A v e Commerce Dr High Point Blvd N N W 2 9 t h A v e S u n d y A v e Sea Grape Cir I l e n e C t R y e L n N W 2 3 r d L n S W 1 4 t h A v e WhiteCedarLn N W 2 0 t h A v e Hammock C i r C o r a l T r a c e C i r E S W 1 3 t h A v e F ount a i n s W a y R o s s D r S W 1 5 t h A v e W e s t D r S W 2 7 t h A v e Are l i a DrS S anJuan Dr S Pa l m Forest Dr S W 2 1 s t T e r RiverBirch C i r L e e R d E N W 4 5 t h D r S u n s e t A v e B r i d l e w o o d C i r M a n g o D r D e p o t A v e Silve r O a k C i r Wo o d P i n e D r S W 1 7 t h A v e I m p e r i al Cir E a s t R d NW 1 3 t h C t N W 4 8 t h A v e L e e R d W O a k v i e w D r Pl Valencay S W 1 1 t h T e r P e e rLn W a t e r f o r d P l Ancho r P t Windham Ct S a b a lwood Ct KingbirdCir N W 1 9 th Ter S W 2 6 t h Ter H a m p t o n C i r W Her o n Dr S W 2 0 t h T e r 5 1 s t T e r S D u k e L n N C o n g r e s s A v e C o r a l T r a c e C i r W G l e n w o o d D r SW17 t h C i r H a m p t o n C i r E S Vista DelMa r D r N W 1 7 t h A v e S W 1 5 t h T e r I r o n w o o d D r Lakewood e Cir E N PalmF or est Dr Mocki n g b i r d L n Arelia Dr N M e adowlark L n B l u ebird Ln Card i n a l L nWhippoorwillLn F l a mingoLn San d p i p e r C i r H u m m i n g b irdL n LaversCir N Citation D r L i n t o n R i d g e C i r S D r i v e C i r S W 2 9 t h A v e S W 2 0 t h C t Village Square C i r EstatesDr P i n e v i ewCir Lak e view Dr S W 2 2 n d C i r Nesting Way I -9 5 L i n t o n L a k e D r Las Verdes Way I 1 inch = 800 feet Date: 5/16/2017 Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Zoning Maps\Current Zoning Map.mxd SINGLE FAMILY RESIDENTIAL:R-1-AR-1-ABR-1-AAR-1-AA-BR-1-AAAR-1-AAA-BRL - MULTIPLE FAMILY RESIDENTIAL (LOW DENSITY)RM - MULTIPLE FAMILY RESIDENTIAL (MEDIUM DENSITY)RM-6 - MULTIPLE FAMILY RESIDENTIAL (MEDIUM DENSITY)RM-7 - MULTIPLE FAMILY RESIDENTIAL (MEDIUM DENSITY)RM-8 - MULTIPLE FAMILY RESIDENTIAL (MEDIUM DENSITY)RM-9 - MULTIPLE FAMILY RESIDENTIAL (MEDIUM DENSITY)RM-10 - MULTIPLE FAMILY RESIDENTIAL (MEDIUM DENSITY)MH - MOBILE HOMEPRD - PLANNED RESIDENTIALPRD-4 - PLANNED RESIDENTIALPRD-5 - PLANNED RESIDENTIALRR - RURAL RESIDENTIAL A - AGRICULTURALMROC - MIXED RESIDENTIAL OFFICE AND COMMERCIALRO - RESIDENTIAL OFFICEPOC - PLANNED OFFICE CENTERPOD - PROFESSIONAL OFFICE DISTRICTCF - COMMUNITY FACILITIESGC - GENERAL COMMERCIALAC - AUTOMOTIVE COMMERCIALNC - NEIGHBORHOOD COMMERCIALPC - PLANNED COMMERCIALCBD - CENTRAL BUSINESS DISTRICTPCC - PLANNED COMMERCE CENTERMIC - MIXED INDUSTRIAL & COMMERCIALLI - LIGHT INDUSTRIALI - INDUSTRIALSAD - SPECIAL ACTIVITIES DISTRICTOSSHAD - OLD SCHOOL SQUARE HISTORIC ARTS DISTRICTCD - CONSERVATION DISTRICTOS - OPEN SPACEOSR - OPEN SPACE & RECREATION ATTEST: CITY CLERK MAYOR THIS IS TO CERTIFY THAT THIS IS THE OFFICIALZONING MAP REFERRED TO IN SECTION 4.1.2 OFTHE CITY'S LAND DEVELOPMENT Future Annexation Area Historic Districts (5) Municipal City Limits DATE: DATE: I n t r a c o a s t a l W a t e r w a y I n t r a c o a s t a l W a t e r w a y Overlay Districts Four Corners Lake Ida Medical Arts North Beach Seagate Ocean Neighborhood North Federal Highway Wallace Drive West Atlantic U n i n c o r p o r a t e d P a l m B e a c h C o u n t y U n i n c o r p o r a t e d P a l m B e a c h C o u n t y U n i n c o r p o r a t e d P a l m B e a c h C o u n t y CITY OF DELRAY BEACH ZONING MAP ON THE DATE SHOWN, BY OFFICIAL ACTION OF THE CITY COMMISSION, CHANGES WERE MADE TO THEOFFICIAL ZONING MAP AS FOLLOWS: DATE ORDINANCE NO. / DESCRIPTION MAYOR ATTEST: CITY CLERK PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE:March 20, 2017 AGENDA NO: VII.D AGENDA ITEM: ADOPTION OF OFFICIAL ZONING MAP FILE:2017-121 PREPARED BY:Daneé Smith, GIS Specialist Mark E Stivers, AICP, Principal Planner ITEM BEFORE THE BOARD The item before the Board is to recommend to the City Commission the adoption of the attached map as the Official Zoning Map of the City of Delray Beach. BACKGROUND This Zoning Map is being brought forward to be adopted by the City Commission as the Official Zoning Map in accordance with Section 4.1.2 of the Land Development Regulations. Last signed update was January 2012 Last update to the zoning map was in 2014 Since 2012 the City has annexed the parcel located at 14461 Barwick Road and has adopted several zoning changes throughout the City. ANALYSIS Changes to the map are as follows: 1. Corrections to polylines along I-95, removed polylines. 2. Change to the color of overlay districts, made colors more bold. 3. Change to color of Zoning District Text, made text more bold. 4. Correction to overlay area bleeding into PBC area, correction to Medical Arts Overlay. 5. Removal of fly-out Zoning District Text and used text that was more consistent throughout map. 6. Changes in zoning pertaining to Ordinance No. 03-16. 7. Changes in zoning pertaining to Ordinance No. 30-16. P&Z Board Staff Report - March 20, 2017 Adoption of Official Zoning Map Page 2 8. Changes in color to the Historic Districts, to identify and label on the legend all five historic zoning districts. REVIEW BY OTHERS As this is a City initiated action to adopt a new Official Zoning Map, there was no additional review. Such comments can be presented at the Planning and Zoning Board meeting or at the City Commission meetings. ASSESSMENT AND CONCLUSION Due to the number of amendments that have been made and the desire to create a map that not only shows the base zoning districts but also shows the overlay and the historic districts, it is now appropriate to adopt a new Official Zoning Map. ALTERNATIVE ACTIONS A. Move a recommendation of approval to the City Commission of the City- initiated amendment for the adoption of the Official Zoning Map based upon the finding that the proposed Official Map is consistent with the Comprehensive Plan and includes all map amendments to date. B. Move a recommendation of approval, as amended, to the City Commission of the City-initiated amendment for the adoption of the Official Zoning Map based upon the finding that the proposed Official Map is consistent with the Comprehensive Plan and includes all map amendments to date. C. Move a recommendation of denial to the City Commission of the City-initiated amendment for the adoption of the Official Zoning Map based upon the finding that the proposed Official Map is inconsistent with the Comprehensive Plan. STAFF RECOMMENDATION A. Recommend to City Commission the adoption of the Official Zoning Map of the City of Delray Beach as presented based upon the finding that the proposed Official Map is consistent with the Comprehensive Plan and includes all map amendments to date. ATTACHMENT: Draft Official Zoning Map Draft Ordinance XX-17