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HomeMy WebLinkAboutAgenda Council Agenda 110112� CITY OF PALM BEACH GARDENS � ��°''" ' �"�'��� � COUNCIL AGENDA i ���� ot — — � ���� November 1, 2012 � ����� � 7:00 P.M. �� � � �,�' �� � ,_�� �. ��� -' ��,�' Mayor Levy // , ,. Vice Mayor Premuroso Council Member Tinsley Council Member Russo Council Member Jablin I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. PRESENTATION TO COMMISSIONER KAREN MARCUS IN HONOR OF 28 YEARS OF SERVICE AS DISTRICT I COUNTY COMMISSIONER. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VL CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the A�enda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. Pa e 4 APPROVE MINUTES FROM OCTOBER 11, 2012 CITY COUNCIL MEETING. b. (Staff Report on Paqe 8, Resolution on Paqe 10) RESOLUTION 87, 2012 — SELECT A DATE FOR THE JANUARY 2013 REGULAR CITY COUNCIL MEETING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF THE REGULAR CITY COUNCIL MEETING FOR JANUARY 2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Staff Report on Paqe 15, Resolution on Paqe 17) RESOLUTION 92, 2012 — DEDICATION OF THE KAREN MARCUS/SANDHILL CRANE PARK. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RECOGNIZING AND COMMENDING THE HONORABLE KAREN T. MARCUS FOR HER SERVICE TO THE CITIZENS OF PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 1, 2012 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. PRESENTATION TO COMMISSIONER KAREN MARCUS IN HONOR OF 28 YEARS OF SERVICE AS DISTRICT I COUNTY COMMISSIONER. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 4) APPROVE MINUTES FROM OCTOBER 11, 2012 CITY COUNCIL MEETING. b. (Staff Report on Page 8, Resolution on Page 10) RESOLUTION 87, 2012 – SELECT A DATE FOR THE JANUARY 2013 REGULAR CITY COUNCIL MEETING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF THE REGULAR CITY COUNCIL MEETING FOR JANUARY 2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Staff Report on Page 15, Resolution on Page 17) RESOLUTION 92, 2012 – DEDICATION OF THE KAREN MARCUS/SANDHILL CRANE PARK. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RECOGNIZING AND COMMENDING THE HONORABLE KAREN T. MARCUS FOR HER SERVICE TO THE CITIZENS OF PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy Vice Mayor Premuroso Council Member Tinsley Council Member Russo Council Member Jablin d. (Staff Report on Page 20, Resolution on Page 40) RESOLUTION 95, 2012 – PLAT EXEMPTION PETITION LOCATED WITHIN PALOMA. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN EXCEPTION TO THE REQUIREMENTS OF PLATTING FOR LOTS 116 AND 117 LOCATED WITHIN THE PALOMA PLANNED UNIT DEVELOPMENT (PUD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 52, Resolution on Page 57) RESOLUTION 96, 2012 – EASEMENT FOR THE TREVI PLANNED UNIT DEVELOPMENT (PUD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A RESIDENTIAL ENTRY SIGN AND AN EASEMENT AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND KENNEDY HOMES LLC, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f. (Staff Report on Page 76, Resolution on Page 78) RESOLUTION 99, 2012 – BIG HEART BRIGADE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDENDUM I TO THE AGREEMENT WITH THE BIG HEART BRIGADE, INC. FOR USE OF FACILITIES AND IN-KIND SUPPORT SERVICES IN IMPLEMENTING THE THANKSGIVING FEAST EVENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. g. (Page 94) PURCHASE AWARD FOR RESTROOM/CONCESSION BUILDING FOR LILAC PARK. h. (Page 248) PROCLAMATION – WORLD AIDS DAY 2012. i. (Page 249) PROCLAMATION – ELEVATOR ESCALATOR SAFETY AWARENESS WEEK. j. (Page 250) PROCLAMATION – NATIONAL GIS DAY. IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. *(Staff Report on Page 251, Ordinance on Page 285, Resolution on Page 289) ORDINANCE 28, 2012 – (FIRST READING) REZONE THE EXISTING MCDONALD’S PROPERTY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.01 ACRES IN SIZE, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND SUNRISE DRIVE, WITH A STREET ADDRESS OF 3805 NORTHLAKE BOULEVARD, TO BE KNOWN AS THE MCDONALD’S PUD; PROVIDING THAT THIS PARCEL OF REAL PROPERTY WHICH IS MORE PARTICULARLY DESCRIBED HEREIN SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 98, 2012 IS A COMPANION ITEM TO ORDINANCE 28, 2012 AND WILL REQUIRE COUNCIL ACTION AT SECOND READING. *RESOLUTION 98, 2012 - REZONE THE EXISTING MCDONALD’S PROPERTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MCDONALD’S PLANNED UNIT DEVELOPMENT (PUD) WITH SITE PLAN AND MAJOR CONDITIONAL USE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. (Page 338) RACE TO THE TOP PROGRAM XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 10-11-12 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 October 11, 2012 4 5 The regular meeting was called to order at 7:06 p.m. by Vice Mayor Premuroso. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Levy (arrived at 7:25 p.m.), Vice Mayor Premuroso, Council Member 9 Tinsley, Council Member Russo, Council Member Jablin. 10 ABSENT: None. 11 III. ADDITIONS, DELETIONS, MODIFICATIONS 12 None. 13 IV. ANNOUNCEMENTS AND PRESENTATIONS 14 Linda Davidson, Presented the Government Finance Officers Association Budget Award. 15 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 16 Council Member Marcie Tinsley: attended the Police Explorers Golf Tournament; participated 17 in the Read for the Record, attended the PGA Corridor Breakfast, Palm Beach Gardens Yard 18 Sale, participated in the Fish for the Cure, attended the Youth Triathlon, announced the Green 19 Market Grand Opening, Congratulated Allan Owens, Mary Anderson Pickle and the entire 20 department on the Government Finance Officers Association Budget Award; announced October 21 is domestic violence month. 22 Council Member Joseph Russo: advised certificates will be forthcoming for the Anderson 23 Family; discussed the Inspector General Lawsuit. 24 Vice Mayor Robert Premuroso: thanked Dr. Underwood for allowing the Borland Center to 25 hold a welcoming for the JFK Emergency Medical Center. 26 Council Member Eric Jablin: introduced the Anderson family, Wayne, Chris, William and 27 Adam; four generations of Eagle Scouts; thanked staff for preparing for the Green Market. 28 Mayor David Levy: Attended two ribbon cuttings, Transdermal and JFK Emergency Medical 29 Center located at Mid-town. 30 VI. CITY MANAGER REPORT 31 Discussed survey results for residents of 40th Terrace N. and Sunset Drive for capital 32 improvements; Palm Beach Post article regarding the proposed charter amendment. 33 VII. COMMENTS FROM THE PUBLIC 34 Kevin Easton, 8511 40th Terrace North, Palm Beach Gardens; Carol Courtney, 8511 40th 35 Terrace, Palm Beach Gardens; Tom Cairnes, 3101 PGA Boulevard, Palm Beach Gardens; Joan 36 Elias, 1009 Diamond Head Way, Palm Beach Gardens. 37 VIII. CONSENT AGENDA 38 a. APPROVE MINUTES FROM SEPTEMBER 13, 2012 CITY COUNCIL MEETING. 39 b. APPROVE MINUTES FROM SEPTEMBER 20, 2012 CITY COUNCIL MEETING. 40 c. RESOLUTION 84, 2012 - APPROVING AN AGREEMENT FOR ECONOMIC 41 DEVELOPMENT INCENTIVES WITH TBC CORPORATION. A RESOLUTION OF THE 42 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING 43 THE MAYOR TO EXECUTE AN ECONOMIC DEVELOPMENT INCENTIVES 44 AGREEMENT WITH TBC-TIRE & BATTERY CORPORATION AND SUBSIDIARIES; 45 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 46 Council Member Jablin made a motion for approval of the Consent Agenda. 47 Council Member Tinsley seconded. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 10-11-12 Motion passed 5-0. 1 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 2 Those preparing to give testimony were sworn in. 3 The City Clerk read Resolution 78, 2012 by title. 4 a. *RESOLUTION 78, 2012 - PGA COMMONS PARCEL 2 PLANNED UNIT 5 DEVELOPMENT AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE 6 CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE 7 PGA COMMONS PARCEL 2 PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW 8 MODIFICATIONS TO THE APPROVED SITE PLAN, SPECIFICALLY RELATED TO 9 ACCENT LIGHTING, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 10 WAIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 11 Vice Mayor Premuroso abstained from voting, stepped away from the Dias and filled out form 12 8B. 13 Mayor Levy opened the Public Hearing. 14 Petitioner: Anne Booth, Urban Design Kilday Studios. 15 Staff presentation: Senior Planner, Kathryn DeWitt. 16 Public comment: None. 17 Mayor Levy closed the Public Hearing. 18 Council Member Jablin made a motion to approve Resolution 78, 2012. 19 Council Member Russo seconded. 20 Motion passed 4-0. 21 Vice Mayor Premuroso returned to the Dias. 22 X. RESOLUTIONS 23 The City Clerk read Resolution 89, 2012 by title. 24 a. RESOLUTION 89, 2012 – APPOINT MEMBERS TO THE ART IN PUBLIC PLACES 25 ADVISORY BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 26 BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND 27 ALTERNATE MEMBERS TO THE ART IN PUBLIC PLACES ADVISORY BOARD; 28 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 29 Council Member Jablin made a motion to approve Resolution 89, 2012. 30 Council Member Russo seconded. 31 Motion passed 5-0. 32 The City Clerk read Resolution 90, 2012 by title. 33 b. RESOLUTION 90, 2012 – APPOINT MEMBERS TO THE RECREATION ADVISORY 34 BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 35 GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND 36 ALTERNATE MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD; 37 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 38 Council Member Tinsely made a motion to approve Resolution 90, 2012. 39 Council Member Jablin seconded. 40 Motion passed 5-0. 41 The City Clerk read Resolution 91, 2012 by title. 42 c. RESOLUTION 91, 2012 – APPOINT MEMBERS TO THE PLANNING ZONING AND 43 APPEALS BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 44 BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF REGULAR AND 45 ALTERNATE MEMBERS TO THE PLANNING, ZONING, AND APPEALS BOARD; 46 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 47 Council Member Jablin made a motion to approve Resolution 91, 2012. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 10-11-12 Council Member Tinsley seconded. 1 Motion passed 5-0. 2 The City Clerk read Resolution 93, 2012 by title. 3 d. RESOLUTION 93, 2012 – AMENDMENT 4 TO THE FLORIDA CONSTITUTION. A 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 5 FLORIDA CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, 6 IF ADOPTED, WOULD CREATE ADDITIONAL INEQUITIES IN FLORIDA’S TAX 7 SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE 8 EXPENSE OF OTHER TAXPAYERS; PROVIDING AN EFFECTIVE DATE; AND FOR 9 OTHER PURPOSES. 10 Council Member Jablin made a motion to approve Resolution 91, 2012. 11 Council Member Russo seconded. 12 Motion passed 5-0. 13 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 14 None. 15 XII. CITY ATTORNEY REPORT 16 None. 17 (The remainder of this page intentionally left blank.) 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 10-11-12 XIII. ADJOURNMENT 1 Mayor Levy made a motion to adjourn. 2 Councilmember Russo seconded. 3 Motion passed 5-0. 4 The meeting adjourned at 8:46 p.m. 5 The next regularly scheduled City Council meeting will be held November 1, 2012. 6 APPROVED: 7 8 9 10 David Levy, Mayor 11 12 13 14 Robert G. Premuroso, Vice Mayor 15 16 17 18 Marcie Tinsley, Councilmember 19 20 21 22 Joseph R. Russo, Councilmember 23 24 25 26 Eric Jablin, Councilmember 27 28 29 30 31 32 33 34 ATTEST: 35 36 37 38 39 Patricia Snider, CMC 40 City Clerk 41 42 43 44 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 45 meeting. A verbatim audio record is available from the Office of the City Clerk. 46 All referenced attachments are on file in the Office of the City Clerk. 47 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date:November 1, 2012 Resolution 87, 2012 Subject/Agenda Item: Select a date for the January 2013 regular City Council meeting. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $_0 __ Council Action: City Clerk (Total) ~ [ ]Approved Patricia Snider, CMC $ City Clerk CurrentFY [ ] Approved w/ Conditions ] Denied Advertised: NA Funding Source: ] Continued to: Date: [ 1 Operating Attachments: Paper: [x] Other • Resolution 87 , 2012 • Resolution 90, 2010 [ x] Not Required Submitted by: Contract/Agreement: D~r Effective Date: nla Patricia Snider, CMC City Clerk Expiration Date: nla Affected parties Budget Acct.#: Approved by: ] Notified BACKGROUND: Meeting Date: November 1, 2012 Resolution 87, 2012 Page 2 of2 Resolution 90, 201 0 (attached) modified the schedule for regular City Council meetings to once per month on the first Th.~rsday commencing January 2011. Recognizing that the regularly scheduled meeting will be in a shortened work week which may include vacation plans for some due to the New Year's holiday, an alternative date for the January 2013 Ctiy Council meeting date is the second Thursday of the month; January 10,2013. This would allow staff sufficient time to prepare agenda items, advertisement and notices. STAFF RECOMMENDATION: Staff recommends approval of Resolution 87, 2012 as presented. 1 2 3 4 RESOLUTION 87, 2012 5 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 8 BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF THE 9 REGULAR CITY COUNCIL MEETING FOR JANUARY 2013; 10 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, Section 18-3 of the Charter of the City of Palm Beach Gardens 14 provides that the dates of the regular meetings of the City Council shall be set by 15 Resolution; and 16 17 WHEREAS, the City Council has determined that it is in the best interests of the 18 citizens of the City to modify the schedule of the January meeting to avoid a conflict 19 with the New Year's holiday; and 20 21 WHEREAS, the City Council deems approval of this Resolution to be in the best 22 interest of the health, safety, and welfare of the residents and citizens of the City of 23 Palm Beach Gardens and the public at large. 24 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF PALM BEACH GARDENS, FLORIDA that: 28 29 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 30 31 SECTION 2. The Regular Meeting of the City Council in January 2013 shall 32 convene at 7 :00 p.m. on the date established by vote of the City Council. 33 34 SECTION 3. This Resolution shall become effective immediately upon adoption. 35 36 37 38 39 40 41 42 43 44 45 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 87, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ----------------David Levy, Mayor ATTEST: BY: --------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: ---------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G :\attorney_share\AGENDA SUMMARY\Resolution 87 2012-amending schedule of january 2013 meeting date.doc Page 2 of 2 1 RESOLUTION 90, 2010 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF 5 REGULAR CITY COUNCIL MEETINGS; PROVIDING AN 6 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 7 8 WHEREAS, Section 18-3 of the Charter of the City of Palm Beach Gardens 9 provides that the dates of the reg•llar meetings of the City Council shall be set by 10 Resolution or by a vote of the majority of the members of the Council; and 11 12 WHEREAS, pursuant to Resolution 50, 1999, the City Council's regularly 13 scheduled meetings have been held on the First and Third Thursdays of each month; 14 and 15 16 WHEREAS, the City Council has determined that it is in the best interests of the 17 citizens of the City to modly the schedule of regular City Council meetings such that 18 City Council meetings shall be held once per month on the first Thursday of the month 19 at 7:00 P.M .• with the exception of the month of July during which the subject meeting 20 will be held on the third Thursday at 7:00P.M.; and 21 22 WHEREAS, the City Council shaH, by vote, establish the two (2) required 23 September meetings to adq)t the budget; and 24 25 WHEREAS, the City Council may schedule Special Meetings as necessary to 26 condud the business of the City; and 27 28 WHEREAS, the City Council deems approval of this Resolution to be in the best 29 interests of the health, safety, and welfare of the residents and citizens of the City of 30 Palm Beach Gardens and the public at large. 31 32 NOW, n-IEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 36 37 SECTION 2. The Regular Meetings of the City Council of the City of Palm Beach 38 Gardens, Florida shall convene at 7:00 P.M. on the First Thursday of each month 39 commencing January 1, 2011, with the exception of the month of July during which the 40 subject meeting shall convene at 7:00 P .M. on the Third Thursday of the month. The 41 dates of the two (2) required September meetings, necessary to adopt the City's annual 42 budget, shall be established by vote of the City Council. 43 44 SECTION 3. This Resolution shall become effective immediately upon adoption. 45 Page 1 of2 Resolution 90,2010 -:::c: 1 PASSED AND ADOPTED this If-day of J./IVP!Slf\ , 2010. 2 3 4 CrrY OF PALM BEACH GARDENS, FLORIDA 5 L -~ -· ,,_ BY: lli~~aym ·e ; v_ -~9-:'~;~~~-~-. ·-/.../ ~, . ,~,'f~ ... 1 ;~;;.-~::~:.~~~--~ .:.1-:~···· ~-.• .... - 1 ... ~:;:!...!-__!.." -~ ... ~~~-~----::----------.~~4 -:_~ ri~Snidef; CMC, City Clerk 16'-.... -._ -_, ;;.-· . 16 •. "-:"7 ? . 17 APPROVED AS TO FORM A 18 LEGAL FFICIENCY 19 20 21 BY::~~~~~~====~~-22 23 24 25 26 VOTE: 27 28 MAYOR LEVY 29 30 VICE MAYOR PREMUROSO 31 32 COUNCILMEMBER RUSSO 33 34 COUNCILMEMBER JABLIN 35 36 COUNCILMEMBER TINSLEY 37 38 39 40 41 42 43 44 AYE NAY ABSENT v ----- v 45 46 G:\attomey_ahant\RESOLUTI0NS\2010\Resolution 90 2010 establishing COli'ICil meetng dates.docx Page 2 of2 §18-1 PALM BEACH GARDENS CODE (c) A proposed resolution may be read by title only when authorized by a majority vote of the city council. ( 4) A m~ority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present shall be necessary to enact any ordinance or adopt any resolution; except that two-thirds of the membership of the board is required to enact an emergency ordinance. On final passage, the vote of each member of the governing body voting shall be entered on the official records of the meeting. All ordinances or resolutions paned by the governing body shall become effective ten (10) days after passage or as otherwise provided therein. (Ord. No. 18, 1984, § 1, 9-20-84111-6-84) Section 18-2. Reserved. Editor's note-Ord. No. 9-1996, § 12, adopted July 27, 1996, repealed the provisions of former§ 18-2, which pertained to action requiring an ordinance, as the powers of the city to act have been established by F.S., Chapter 166. The provisions of former § 18-2 derived from Ord. No. 26, 1975, adopted January 29, 1976. Section 18-3. City council meetiDp. The city council shall hold at least one regular meeting a month and as many special meetings as may be necessary to conduct the business of the city. The number of regular meetings in excess of one and the dates ofre ar meetings shall be set b resolution of the ci council r y a majority of all members of the city council. Special meetings may be called in an emergency when the business to be transacted cannot be held over until the date of a regular meeting. The minutes of the special meeting shall contain a statement of the purpose of the meeting and the circumstances of the emergency. Special meetings may be called by the mayor or by a m~ority of all members of the city council. All meetings of the city council shall be held in the city hall, or in the event that city hall is not convenient for the holding of a meeting, then a meeting of the city council may be held in such other place in the City of Palm Beach Gardens as the city council may determine, provided, however, that notice of the time and place of any meeting of the city council other than in the city hall shall be posted at least five (5) consecutive days before said meeting at the city hall. The city council may determine its own rules of procedure, may punish its own members for misconduct and may compel attendance of members. The majority of all the members of the council shall constitute a quorum to do business, but a smaller number may acljourn from time to time. Section 18-4. Posting or publication of ordinances. It shall be the duty of the city clerk to keep a record of all ordinances adopted by the council in a book kept for that purpose. A copy of any ordinance therefrom. certified to by the clerk under the seal of the city, shall be taken and considered in all courts of this state as prima facie evidence that such ordinance was duly passed and poated or published as required by law. It shall be the duty of the city council to keep a record of all ordinances enacted by it. The council Supp. No.2 CHT:34 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 1, 2012 Resolution 92, 2012 Subject/Agenda Item: Re-naming and dedication of Sandhill Crane Park to the Honorable Karen T. Marcus to be known as the Karen T. Marcus Sandhill Crane Access Park. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Submitted by: Department Director f.i?.fif CMC, City Clerk ~-------~ Approved by: Originating Dept.: c~ Pabicia Snider, City Clerk Advertised: NA Date: Paper: ( x 1 Not Required Affected parties [ ] Notified Costs:$, ___ _ (Total) $'------ CurrentFY Funding Source~ [ 1 Operating [x] Other Contract/Agreement: Effective Date: Expiration Date: Budget Acct.#: Council Action: [ ] Approved ] Approved w/ Conditions l Denied [ ] Continued to: Attachments: • Resolution 92 2012 BACKGROUND: Meeting Date: November 1, 2012 Resolution 92, 2012 Page 2 of 2 In honor of Commissioner Karen Marcus' twenty-eight (28) years of service as District One County Commissioner, the City Council has unanimously approved the re-naming of Sandhill Crane Park to be known as the "Karen T. Marcus Sandhill Crane Access Park". Among her many accomplishments, Commissioner Marcus is especially respected for her advocacy and support of thousands of acres of parks and recreation property, natural resources and environmentally sensitive land. Due to her efforts, Northern Palm Beach County currently has twenty-two (22) parks and more beachfront property than any other district in the entire county. STAFF RECOMMENDATION: Staff recommends approval of Resolution 92, 2012 as presented. 1 RESOLUTION 92,2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA RECOGNIZING AND COMMENDING 6 THE HONORABLE KAREN T. MARCUS FOR HER SERVICE TO 7 THE CITIZENS OF PALM BEACH COUNTY; PROVIDING AN 8 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 9 10 11 WHEREAS, Commissioner Marcus was first elected in 1984 and is the longest- 12 serving member representing Northern Palm Beach County District One; and 13 14 WHEREAS, Commissioner Marcus has served as President of the Florida 15 Councils Association and President of the Florida Association of Counties from 16 November 2000 to June 2002, and has served on the Treasure Coast Regional 17 Planning Council and the School Advisory Council for Palm Beach Gardens High 18 School; and 19 20 WHEREAS, as an advocate to protect Palm Beach County's natural resources, 21 Commissioner Marcus received the Nature Conservancy's distinguished Public Service 22 Award and the Nature Conservancy's Grassroots Leadership Award; and 23 24 WHEREAS, Commissioner Marcus also worked to get approval and funding for 25 the Juno Pier and negotiated to keep baseball in Palm Beach County, which resulted in 26 the building of Roger Dean Stadium at Abacoa. In addition, she took the lead in the 27 preservation of the historic 1916 Courthouse in West Palm Beach for use as a history 28 museum; and 29 30 WHEREAS, Northern Palm Beach County has 22 parks and has more public 31 beachfront property than any District in the entire County. Since Commissioner Marcus 32 has been in office, she has supported the acquisition of more than 1 ,430 acres of park 33 and recreation property in District One alone. Through various funding sources, parks 34 and beaches such as Ocean Cay, Diamond Head/Radnor, Riverbend Park, and many 35 others will be available for all of us to enjoy. Riverbend Park is considered the "jewel" of 36 the County's parks system and is located in Jupiter Farms along Florida's first nationally 37 designated "Wild and Scenic River". The Park boasts 684 acres of natural beauty and 38 historical sites and is now open seven {7) days a week. In February 2008, Palm Beach 39 County purchased the 230-acre Hatcher/Halparin property, which is located immediately 40 west of Riverbend Park. A portion of the property will be used as a natural area 41 preserve and storage for the treatment of stormwater, and the remaining property will be 42 added to Riverbend Park; and 43 44 45 46 Page 1 of 3 Resolution 92,2012 1 WHEREAS, in 2005, Commissioner Marcus, as Chair of the Board, took the lead 2 in negotiations to bring the Scripps Research Institute to Palm Beach County in District 3 One. Although a complex and complicated project, Commissioner Marcus is making 4 sure Scripps positively impacts our current residents. Working together with the Town 5 of Lake Park, City of Palm Beach Gardens, Town of Jupiter, Town of Mangonia Park, 6 and the City of Riviera Beach, the North Palm Beach County LifeScience Corridor 7 became a reality when the site was chosen by the County Commission on February 14, 8 2006. This will transform Florida and Palm Beach County into a leading center for 9 scientific and medical research. In 2009, the Max Planck Florida Corporation broke 10 ground on its facility, joining Scripps at Abacoa. The Max Planck Society is a 60-year- 11 old research institute that will bring an international component to Palm Beach County's 12 bioscience industry. In recent activities, Phase II of Scripps Florida began moving 13 forward. The Briger Tract, located in the City of Palm Beach Gardens, will be a 681- 14 acre mixed-use development focused on biotechnology and bioscience research 15 industries. The potential of 4.0 million square feet, including Scripps Phase II, of 16 biotechnology research and development has been allocated on the plan for the second 17 phase of the Scripps Florida Campus; and 18 19 WHEREAS, in recognition of Commissioner Marcus' hard work and dedication to 20 the residents and citizens of Northern Palm Beach County District One, the City Council 21 officially dedicates Sandhill Crane Park to now be known as the "Karen T. Marcus 22 Sandhill Crane Park"; and 23 24 WHEREAS, the City Council deems approval of this Resolution to be in the best 25 interests of the health, safety, and welfare of the residents and citizens of the City of 26 Palm Beach Gardens and the public at large. 27 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF PALM BEACH GARDENS, FLORIDA that: 31 32 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 33 34 SECTION 2. The City Council hereby officially dedicates Sandhill Crane Park to 35 now be known as the "Karen T. Marcus Sandhill Crane Park" in recognition of her hard 36 work and dedication to the residents and citizens of Northern Palm Beach County 37 District One. 38 39 SECTION 3. This Resolution shall become effective immediately upon adoption. 40 41 42 43 44 45 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ----~,.--------------------------------- Resolution 92, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ------------------David Levy, Mayor ATTEST: BY: --------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: --------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 92 2012-Marcus park dedication.docx Page 3 of 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 1, 2012 Resolution 95, 2012 Subject/Agenda Item: Resolution 95, 2012-Plat Exception for Lots 116 and 117 within the Paloma Planned Unit Development (PUD) Consideration for Approval: A request from Paloma 2007 LLC to allow for the recombination of existing platted Lots 116 and 117 where no new street is created and all current district regulations can be met for the zoning district in which these lots are located. The Paloma Planned Unit Development (PUD) is located at the southwest corner of Military Trail and Hood Road. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Ianning & N ent Compliance tJ Approved By: Originating Dept.: Finance: Planning & Zoning: Accountant Sarah Varga 1-----------1 Fees Paid: N/A [X] Quasi -Judicial [ ] Legislative Funding Source: r--[X_]_P_u_b_li_c_H_e_ar_in_g_--1 [ 1 Operating Advertised: [X] Other N/A [ ] Required [ X] Not Required Budget Acct.#: N/A Contract/Agreement: 1---------~ ffected parties: [ ] Notified [ X] Not Required Effective Date: N/A Expiration Date: N/A Council Action: ] Approval ] Approved w/ Conditions ] Denial ] Continued to: __ Attachments: • Development Application • Project Narrative and Surveyor Affidavit • Quit Claim Deeds for Property Conveyance • Sketch and Legal Description for Parcel A • Sketch and Legal Description for Parcel 8 • Resolution 95, 2012 • Sketch and Legal Description for New Lot 116 • Sketch and Legal Description for New Lot 117 EXECUTIVE SUMMARY Meeting Date: November 1, 2012 Resolution 95, 2012 Page 2 of 5 The Applicant is seeking to correct the common property line between lots 116 and 117 in the Paloma PUD utilizing the City's platting exception process. The common property line recorded on the plat for Paloma is misaligned and includes a bearing change part of the way along the line. The misaligned common property line and bearing change are not consistent with the common property lines of the other townhouse lots within the community. The impact of these errors was discovered during building permitting and will cause the townhouse building on lot 116 to be located further back on the property in order to meet the approved side setback. If the common property line is left uncorrected, the townhouse building will be out of character with the approved overall design of the adjacent townhouse buildings in the Paloma PUD and will significantly reduce the rear yard for the building . The misalignment and bearing change to the common property line were unintended and should have been excluded . This is affirmed and evidenced by the Affidavit included by the original surveyor, JeffS. Hodapp, PSM. Staff recommends approval of the subject request. LAND USE & ZONING The land-use designation of the Property, as shown on the City's Future Land Use Map, is Residential High (RH). The site is currently zoned Residential Low-3 (RL3) with a Planned Urtit Development (PUD) Overlay (PUD/RL3). The existing land uses and zoning designations of properties surrounding the subject site are provided in the following table: TABLE 1: ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS EXISTING USE ZONING LAND USE Subject Property Planned Unit Development Residential High Paloma PUD (PUD)/Residential Low (RH) and Residential (RL-3) Medium (RM) North N/A N/A Hood Road Planned Unit Development Magnolia Bay (PUD)/Residential Low 3 (RL3) Residential High Temple Beth David Residential High (RH) (RH) Planned Unit Development Gardens Presbyterian Church (PUD)/Residential High (RH) South Planned Unit Development Professional Office NOVA Southeastern University (PUD)/Professional Office (PO) (PO) Planned Unit Development Residential Medium Sabal Ridge (PUD)/Residential Medium (RM) (RM) East The Isles West Cimarron Cove BACKGROUND Meeting Date: November 1, 2012 Resolution 95 , 2012 Page 3 of 5 Planned Unit Development (PUD)/Residential Low 3 Residential Low (RL) (RL3) Planned Unit Development Mixed Used (MXD) (PUD)/Mixed Use (MXD) On December 17 , 2009, the City Council adopted Ordinance 36, 2009, which approved a myriad of modifications to the subdivision regulations contained within the City's Code of Ordinances . The modifications included the addition of platting exception criteria and established the review process for such applications. City Code Section 78-428, entitled Platting Exceptions, exempts the following circumstances and exempts them from platting requirements: * * * * * * * (Portions of this Code Section have been omitted for purposes of brevity) (b) Applicability. No subdivision, PUD , PCD, or site plan shall be platted or recorded , nor shall any building permit be issued unless such subdivision meets all the provisions of this chapter and those of any applicable laws of the State of Florida, and has been approved in accordance with the requ irements as herein set forth, except that the following shall be exempt and not subject to the platting requirement of this chapter. (1) The combination or recombination of portions of previously platted lots where no new parcels or residual parcels result in lots of less area, width, or depth than the original platted lots or the existing replatted lots, where no new street is created and where all current district regulations can be met for the zoning district in which the property is located. (emphasis provided) (2) The sale or exchange of parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots and does not reduce any lot to an area less than the zoning district in which the property is located , permits and no dedications or improvements are required under this chapter. (3) The division of real estate property is for the conveyance of land to a federal , state, county , or municipal governmental agency , entity, political subdivision , or a public utility as defined herein . (4) The division of land into parcels of more than ten acres not involving the need to create any new access, change in existing access, public easements, utility easements, or public infrastructure improvements is not to be deemed a subdivision within the meaning of these regulations. * * * * * * * STAFF ANALYSIS Meeting Date: November 1, 2012 Resolution 95, 2012 Page 4 of 5 In accordance with the City's Land Development Regulations, platting is required prior to the subdivision of any land for the purpose of sale and conveyance of real estate in the City. However, Section 78-428 of the City's regulations provides for certain platting exceptions, including the combination or recombination or portions of previously-platted lots where no new parcels or residual parcels result in lots of less area, width, or depth than the original platted lots or the existing replatted lots, where no new street is created and where all current district regulations can be met for the zoning district in which the property is located . Therefore, the provision of platting through the platting exception process is permitted . The Applicant is proposing to correct the surveying and platting mistakes utilizing two (2) land exchanges. The first exchange will excise approximately 126.47 square feet of land, referred to as "Parcel A ", from Lot 117 to Lot 116. This will in effect realign the front portion of the common property line between Lots 116 and 117 to be consistent with other townhouse lots in the Paloma PUD . The second exchange will excise approximately 2.3 square feet of land , referred to as "Parcel B" from Lot 116 to Lot 117. This second conveyance will straighten out the misalignment along the middle portion of the common property line. The property exchange is illustrated in Diagrams 1 and 2 included on the following page. The exchange is being recorded with quit claim deeds, legal descriptions , and sketches (see attachments ). Staff and the Engineering Department have reviewed the subject petition and have determined that the proposed request meets criterion Number 1, and therefore qualifies for a platting exception. City Code Section 78-729, entitled Requirement in lieu of platting, states , " ... a certified survey shall be submitted to the Growth Management Department along with the application for the platting exception prior to City Council review ." The Applicant has submitted certified sketches depicting "Parcel A ", "Parcel B", and the adjusted common property line for Lots 116 and 117, in addition to quit claim deeds and legal descriptions. Diagram 1 Lots 116 and 117 La Diagram 2 Revised Lots 116 and 117 Layout STAFF RECOMMENDATION Meetin g Date: November 1, 2012 Resolut ion 95, 2012 Page 5 of 5 Staff recommends APPROVAL of Resolution 95, 2012 as presented. CITY OF PALM BEACH GARDENS -DEVELOPMENT APPLICATION Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: []Planned Community Development (PCD) [JPlanned Unit Development (PUD) [JAmendment to PCD, PUD or Site Plan nconditional Use nAmendment to the Comprehensive Plan n Administrative Approval nAdministrative Appeal [JAnnexation []Rezoning []Site Plan Review []Concurrency Certificate rTime Extension []Miscellaneous [l.]Other jPiat Exception ___ .., _____________ .. ______________________ ~----····-···---·--j Date Submitted: L ____________ _j Project Name: Paloma -------------------------------------------------- Owner: Paloma 2007 LLC Applicant (if notOwner):Same -------------------------------------------- Applicant's Address:701 S Olive Ave, #104 WPB FL 334iifelephoneNo.561-682-9500 Agent: _____________________________________________________ _ Contact Person: =-Sco=tt'-'-'M=o=rt=on-=---------------E-Mail: smorton@kolter.com Agent's Mailing Address: _________________________________________ _ Agent's TelephoneNumber: ----------------------------------------- FOR OFFICE USE ONLY Petition Number: _____ _ Date & Time Received : _____ _ Fees Received Application$ Receipt Number: ________ __ A h. N/A rc 1tect: ----------------------------------------------------- E . N/A ngmeer: ____________________________________________________ _ N/A Planner: ------------------------------------------------------ LandscapeArchitect: N/A ---------------------------------------------- Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. G I L . Paloma PUD Lots 116 and 117 enera ocat1on: ------------------------------------------------ Add 4592 Cadiz Circle (lot 116) and 4588 Cadiz Circle (lot 117) ress: ------------------------------------------------------ Section: Ytl f l Township: ~1_$ 1 Lf~ 2 Range: P C IN b () 52424136100021160 (lot 116) roperty ontro urn er s : ------------------------------------------ 52424136100021170 (lot 117) Acreage: f54.lffo Current Zoning: AJO {t.L:~) RequestedZoning: /Jb C~ Flood Zone I> Base Flood Elevation (BFE) -to be indicated on site plan ___ _ Current Comprehensive Plan Land Use Designation: P\10 ( ~l-\-) Existing Land Use: fSESI Oa.lllAL Requested Land Use: f.}fJ C«tl-,V k -~--~~~~-- Proposed Use(s) i.e. hotel, single family residence, etc.: fJ Pr Proposed Square Footage by Use: _________ 1/ __ A-__________________________ __ ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): 2 Justification Infonnation concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} 1. Explain the nature of the request: Plat exception for the recombination of exis itng platted lots 116 and 117 where no new street is created and all current district regulations can be met fo r the zon ing district in which the lots are located. 2. What will be the impact of the proposed change on the surrounding area? None 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. N/A 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? No impact to any natural resources or native vegetation 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261 , Land Development Regulations)? Overall Paloma project already in compliance 6. Has project received concurrency certification? N/A Date Received~'-------·-····--·-·····-·-···-·-·--__j Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately 0 mile(s} from the intersectionof Military Tr _an_d_H_o_o_d_R_o_a_d ______ , on thel I north,Qeast,Osouthl{lwest side of Military Tr (street/road}. ------------------ 4 Statementof Ownership and Designationof AuthorizedAge1t Before me, the undersigned authority, personally appeared William Johnson who, being by me first duly sworn, on oath deposed and says: ---------------------- 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. Th t h I h . ti' a plat exception 1·n the a e s e ts reques ng ----------------------------------City of Palm Beach Gardens, Florida. 3. That he/she has appointed _sc_o_tt_M_o_rt_o_n ___________________________ to act as authorized agent on his/her behalf to accomplish the above project. N f 0 Paloma 2007 LLC ameo wner: __________________________________________________ _ 701 S. Olive Ave #104 Street Address P. 0. Box 561-682-9500 TelephoneNumber wjohnson@kolter.com E-mail Address Sworn and subscribed before me this £0 My Commission expires: Lf/,711~ William Johnson, Manager By: Nameffitle West Palm Beach, FL 33401 City, State, Zip Code City, State, Zip Code 561-682-1050 Fax Number 5 .flj~ MAJLIS SUE ROBINSON {!( li.~~ MY COMMISSION ## EE 190266 =w: EXPIRES April 17,2016 I (<&O?j 39&-o,ss FIDrida .com ·, Applicant's Certification 1/W e affirm and certify that Vwe understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, Vwe understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: 17 Owner 0 Optionee C Lessee D Agent D Contract Purchaser Paloma 2007 LLC Print Name of Applicant 701 S. Olive Ave, #104 Street Address West Palm Beach, FL 33401 City, State, Zip Code 561-682-9500 TelephoneNumber 561-682-1050 Fax Number wjohnson@kolter.com E-Mail Address 6 ·. Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 Permit# ________________ _ Financial Responsibility Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice . If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a completed fonn, signed and notarized by the responsible party, and delivered to the City Planning and Zoning Department if the name and/or address of the responsible party changes at anytime during the app ication .review process. Date William Johnson Owner printed name Property Control Number DESIGNEE/BILL TO: The Kolter Group, Attn Scott Morton 701 S Olive Ave,# 104 Designee Acceptance Signature West Palm Beach, FL 33401 NOTARY ACKNOWLEDGEMENT STATE OF FLORIDA ------------- COUNTY OF _PA_L_M_B_E_A_C_H ______ _ I hereby certify that the foregoing instrument was acknowledged before me this£Q.. day of ~nt beY , 20/ ~ by William Johnson . He or she is personally known to mz; h~s oduced as identification . r-~-----------------:#~'~ MAJLJS SUE ROBINSON :*: ·•: MY COMMISSION tl EE190288 EXPIRES April17, 2016 ll=laflda - Notary pub 1c stgnature .d!t<tlis fbbt'(JJOfZ if Printed name State of Dor/c/q at-large .. To: Peter Hofheinz, AICP City of Palm Beach Gardens, Growth Management Dept From: Scott Morton Date; September 21, 2012 Re: Paloma Lots 116 and 117 Plat Exception Request Narrative As owner of Paloma, Lots 116 and 117, we hereby request that the City of Palm Beach Gardens approve a platting exception in accordance with the City's Municipal Code Section 78-428. Under sub-paragraph (b) Applicability, our application meets the requirements of sub-section: (2) The sale or exchange of parcels of land to or between adjoining lots where such sale or exchange does not create additional lots and does not reduce any lot to an area less than the zoning district in which the property is located, permits and no dedications or improvements are required under this chapter. The original common property line between lots 116 and 11 7 as shown on the recorded plat for Paloma (PB 1 08; PG 144 thru 159), describes a bearing change part way along the property line. This change in the property line bearing causes the building on lot 116 to be placed almost near the rear of the lot in order to meet the required setbacks. As evidenced by the attached Surveyors Affidavit, this bearing change was unintended and a correct bearing for this common property line is identified that would be more in keeping with the other platted lots in this area. The owner is proposing to record the attached quit claim deeds, which would exchange portions of each lot to the adjoining lot thereby correcting the problem. Te quit claim deeds have been reviewed by a title underwriter and found to be sufficient for the transfer of insurable title between the two lots If staff believes that this solution is acceptable and meets the requirements of Section 78-428, we would respectfully request that our application be forwarded to the first available city council agenda for consideration of approval. Should City Council approve our request, the attached quit claim deeds would be recorded and copies provided to the City for its records. Should you have any questions I would be please to review them with you at your convenience. ,- Prepared by & when recorded return to JeffS. Hodapp, PSM Perimeter Surveying & Mapping 949A Clint Moore Road Boca Raton, FL 33487 AFFIDAVIT OF SURVEYOR STATE OF FLORIDA ) COUNTY OF PALM BEACH) Before me, the undersigned authority, personally appeared JeffS. Hodapp (the "Affiant"), a Florida Professional Surveyor and Mapper, who having first been duly sworn according to law, deposes and says: 1. I am a Florida Professional Surveyor and Mapper and I maintain a professional registration number of LS5111. 2. I prepared the plat of"Paloma P.U.D." as recorded in Plat Book 108 at pages 144 through 159 of the Public Records of Palm Beach County, Florida. 3. On Sheet 6 of said plat, a bend in the common line between Lots 116 and 117 was shown. This common line should have excluded the bend and had a dimension of North 88°30'27" West, 126.63 ',to be consistent with the other lot lines of this type. A detail of Lots 116 and 117, as shown on said plat, is attached as Exhibit "A". A detail of Lots 116 and 117 with the corrected dimensions is attached as Exhibit "B". FURTHER AFFIANT SA YETH NAUGHT. --~- o a , PSM #LS5111 of Florida Perimeter Surveying & Mapping, Inc. Certificate of Authorization #LB7264 SWORN TO AND SUBSCRIBED before me this 5th day of October, 2012. The affiant is personally known to me and did take an oath. (Notarial Seal) ~·d)Ut{tt;. . Print Name: J.es\ae ~.~vrh., NOTARY PUBLIC-STATE OF FLORIDA Commission Number : Ee \'W'l.-1 ~ My Commission Expires: 10~ ~~ ·IS ·. Parcel Identification No: 52-42-41-36-10-t)02..1170 This Instrument Prepared By and Return to: Guido Virgili K Title Company, LLC 701 S. Olive Ave. Suite 114 West Palm Beach, FL 33401 QUITCLAIM DEED This Quitclllim Deed, made this ~ day o~e 4" '-t( , 2012, between Paloma 2007 LLC, a Florida Umited liability c:o•pany being the owner or 117, Bloc:k 2 orPatoJU PUD whose address II: 701 S. Olive Ave., Suite 104, West Palm Beac:h, Fl. 33401, Onmtor, and Paloma 2007 LLC, a Florida limited liability company being the owner or Lot 116 Block 2 or Paloma PUD wbose address is: 701 S. Olive Ave., Suite 104, West Palm Beac:b, FL 33401, Grantee. (Wiw~ URd Mreln the terms wGrantor" and "Grtmt1e" inclruk all tM portia to this instrwnent and 1M hein. legal npremrltlltvu and antgm of individiiDls. and tM S~~CUMon and tJ1slg111 of corporotioru) WITNESSETH, that the Grantor, for and in consideration of the sum of---TEN & N0/100 ($10.00)-- --DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt of which is hereby acknowledged, has granted, bargained and quitclaimed to the said Grantee and Grantee's heirs and assigns forever, the following described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: SEE EXHIBIT .. A., ATTACHED HERETO AND MADE A PART HEREOF The purpose ofthis Quit Claim Deed is to convey to Lot 116, Block 2 of Paloma PUD that portion of Lot 117 described herein so that when lot 116 is conveyed, this portion of Lot 117 will be included therewith. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in Jaw or equity, for the use, benefit and profit of the said Grantee forever . . IN WITNESS WHEREOF, the Grantor has hereunto set his/her hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Wftn=~~ Witness #2 Signature \ Cv.r\.,, \c:-Q,~ Witness #2 Printed Name \ STATE OF COUNTY OF Paloma 2007 LLC, a Florida limited liability company, Name: Title: The foregoing instrument was acknowledged before me this '2£) day of £e~be. V' , \ 2. by \.l,j; \\ i Ct Yh Sfi)ho&Vb Db ~v of Paloma 2007, LLC, a Flori limited liability company wh~ o me or who bas produced as · identification. SEAL My Commission Expires: -~~~ MAJLIS SUE ROBINSON fwrr~ ·:~ MYCOMMISSIONitEE190266 :. • • EXPIRES Apri117. 2016 •,, ,ff, FleridaN ·"""' I (407l 308-01~ File# Lot 116 &117 Parcel Identification No: 52-42-41-36-10-002-1160 This Instrument Prepared By and Return to: Guido Virgili K Title Company, LLC 701 S. Olive Ave. Sui~ 114 West Palm Beach, FL 33401 ·QUITCLAIM DEED This Quiklaim Deed. made this ;>~-1'\iay of~"" J.~ , :ZOU, between Paloma l007 LLC. a Florida limited liability company being tile owner of t 116 Block 2 of Palma PVD whose addre$$ Is: 701 S. OUve Ave., Suite 104, West Palm Beach. Fl. 33401, Granr.or, and Paloma 2007 LLC. a Florida limited liability company belog the owner of Lot 117 Block 2 of Palma PVD whose address is: 701 S. Olive Ave., Suffe 104, West Palm Beach, FL 33401, Grantee. ~ ll#d lw~Yill 1M temu "Gt'd1flor" <Utd "Gt'd1fln" illchuJJI oil the pa111eA ttJ t/IU illstnnnent QN/ tlw "Min, legal reprue~ and aufgn.r of intllviJJuaU, and 1M s:uct:U$or.l aNi auigru of corporatltJtU) WITNESSETH, that the Grantor, for and in consideration of the sum of---TEN & N0/100 ($10.00)-- ---DOLLARS, and other good and valuable consideration to Grantor in band paid by Gr.mtee, the receipt of whic;h is hereby aclalowledged, has granted, bargained md quitclaimed to the said Grantee and Grantee's heirs and assigns forever, the following descn'bed land, situate, lying and being in the Co1mty of Palm Beach. State of Florida, to-wit SEE EXHIBIT "A" ATIACHED HERETO AND MADE A PART HEREOF The purpose of this Quit Claim Deed is to convey aud allocate to Lot 117, Block 2 of Paloma PUD that portion ofLot 116 described herein so tbat when Lot 117 is conveyed that portion of Lot 116 wm be included lherewith. TO HAVE AND TO BOLD the same together with all and siogular the appurtenances thereunto belonging or in anywise appertaining. and all the ~. right. title. interest, lien, equity and claim whatsoever of Grantor, either in Jaw or equity, for the use. benefit and profit of the said Grantee forever. IN WITNESS WHEREOF, the Grantor has hemmto set hislher hand and seal the day and year first above written. Signed, scaled and delivered in our presence: Wi~ STATE OF COUNTY OF ,.r..,s Paloma 2007 LLC, a Florida limited liability company, Nwne~~ Tttle: ~\~ The_f9moing=entwasacknowledgedbeforemethis 20 . da.yor.5i2..de,nthelt./2.. byH/, ,'t;Yh, IJ'7 , mai(1Q';£y-ofPaloma2007,LLC,aFloridalimited ~b~ty ~pany who~ersonally ~o~ to me or who bas produced as Identification. ~~-· ·-· ·- SEAL Mv~· • • .~~ MAJL~sUi: ROBINSON :wr~ ~:; MYCOMMISS10NfEE190266 ":._' • -EXPIRES Apri117, 2016 ... Jlr ,, . ~. ,CIQfn !.!..aT) 39&-o1§S f'loridall File# Lot 116 &117 ~ 4-ROLAND E. ROLLINS ~ ~/PROFESSIONAL LAND SURVEYOR ~+ P 3221 SW CRUMPACKER STREET ~ 0 ~ PORT ST. LUCIE, FLORIDA 34953 v 772-873-4700 LEGAL DESCRIPTION: PARCEL A A PART OF LOT 117, BLOCK 2, PALOMA P.U.D., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 08, PAGES 144 THROUGH 159, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THIS TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; ' BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 116; THENCE SOUTH 33"22'51" EAST, ALONG THE EAST LINE OF SAID LOT 116 AND THE WEST RIGHT -OF -WAY LINE OF CADIZ CIRCLE, A DISTANCE OF 5.02 FEET TO A POINT; THENCE NORTH 88.30'27" WEST, A DISTANCE OF 61.42 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 116: THENCE NORTH 87.28'09" EAST, ALONG THE SOUTH LINE OF SAID LOT 116 AND THE NORTH LINE OF LOT 117, BLOCK 2, A DISTANCE OF 58.70 FEET TO THE POINT OF BEGINNING AND CONTAINING 126.478 SQUARE FEET OF LAND MORE OR LESS. ADDENDUM DATE BY CHECKED CERTIFY TO: -::S~K;-;:::ET=c=H-;-----;A~N=D---;-;LE=G::-7A-:-L+-0-9_/_1 _7_/_20_1_2-;-R-E -R-+-R _E_R__, 1 ) PALOMA 2007, LLC DESCRIPTION · · · · · · NOTES: 1) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS, OWNERSHIP AND/OR RIGHT- -OF-WAYS OF RECORD. 2) NO UNDERGROUND OR INTERIOR IMPROVEMENTS WERE LOCATED EXCEPT AS NOTED. 3) LEGAL DESCRIPTION AS SUPPLIED BY CLIENT. 4) BUILDING TIES ARE 90' OR RADIAL TO THE PROPERTY LINE. 5) ALL EASEMENTS SHOWN ARE PER RECORD PLAT UNLESS OTHERWISE NOTED. 6) BEARINGS ARE BASED ON THE RECORD PLAT UNLESS OTHERWISE NOTED. 7) ANGLES ARE BASED ON THE RECORD PLAT UNLESS OTHERWISE NOTED. 8) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. I HEREBY CERTIFY THAr THE SURVEY SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTR.A.TIVE CODE , PURSUANT TO ;:;~7~~7;;: ~:;:;I~,~ ROLAND E. ROLLINS I DATE PROFESSIONAL LAND SURVEYOR I FLORIDA REGISTRATiON NUMBER 4945 DATE OF LAST FIELD WORK: N/A JOB NUMBER: RR120802LDA I PAGE ONE OF TWO ------------------------------------------------------- SKETCH AND LEGAL DESCRIPTION CENTRAL ANGLE = 22"01'29" RADIUS = 20.00' ARC LENGTH = 7.69' CHORD LENGTH = 7.64' SCALE 1" = 20' PALOMA P.U.D. (PLAT BOOK 108, PAGES 144 THROUGH 159) PALM BEACH COUNlY, FLORIDA CHORD BEARING = N 09"27'23" W SOUTHWEST CORNER OF LOT 116 N 88"26' 40" W 64.21' SOUTH LINE =E OF LOT 116-- LOT 117 BLOCK 2 s 87"28'09" w 1.01' en 0'1 N ...... . z \oo TRACT WM-1 N 01"33'20" E 24.1 o· LOT 116 B~OCK 2 (/) CD ~ ~ LOT 115 ~BLOCK 2 ...... ...... ~ 0 0 a 'j );! \d SOUTH LINE C en \ <a• OF LOT 11 6 :; \f11 I PARCEL A PART OF LOT 117 ~~ \?» s 01"33'20" w 4.85~ POINT OF BEGINNING SOUTHEAST CORNER OF LOT 116 PARCEL A ~-' --~~------' . CENTRAL ANGLE = 34"56'13" RADIUS = 25.00' ARC LENGTH ~ 15.24' CHORD LENGTH = 15.01' S 33"22'51" E CHORD BEARING = S 15"54'46" E 14.99' (TOTAL) CADIZ CIRCLE ----:---.,-"" -----1;£~ ~IGHT -OF-WAY VARIES) JOB NUMBER: RR120802LDA PAGE TWO OF TWO ~ 4.:: ROLAND E. ROLLINS ~ ~/PROFESSIONAL LAND SURVEYOR ~· P 3221 SW CRUMPACKER STREET ~ 0 ~ PORT ST. LUCIE, FLORIDA 34953 v 772-873-4700 LEGAL DESCRIPTION: PARCEL 8 A PART OF LOT 116, BLOCK 2, PALOMA P.U.D., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 108, PAGES 144 THROUGH 159, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THIS TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 116, BLOCK 2 AND THE NORTHWEST CORNER OF LOT 117, BLOCK 2; THENCE SOUTH 88.30'27" EAST, A DISTANCE OF 65.21 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 11 6 AND THE NORTH LINE OF SAID LOT 117; THENCE SOUTH 87"28'09" WEST, ALONG THE SOUTH LINE OF SAID LOT 116 AND THE NORTH LINE OF SAID LOT 117, A DISTANCE OF 1.01 FEET TO AN ANGLE POINT; THENCE NORTH 88.26'40" WEST, ALONG THE SOUTH LINE OF SAID LOT 116 AND THE NORTH LINE OF SAID LOT 117, A DISTANCE OF 64.21 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.302 SQUARE FEET OF LAND MORE OR LESS. ADDENDUM DATE BY CHECKED CERTIFY TO: --=s:-:-K=ET=c=H-:--:A....,.,N=D---:--::LE=G:-:-A-:-L+- 0 - 9 _/_ 1 _ 7 _/_20_1_ 2 -+-R-E -R--+--R-E_R_, 1) PALOMA 2007, LLC DESCRIPTION · · · · · · NOTES: 1) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS, OWNERSHIP AND/OR RIGHT- -OF-WAYS OF RECORD. 2) NO UNDERGROUND OR INTERIOR IMPROVEMENTS WERE LOCATED EXCEPT AS NOTED. 3) LEGAL DESCRIPTION AS SUPPLIED BY CLIENT. 4) BUILDING TIES ARE 90' OR RADIAL TO THE PROPERTY LINE. 5) All EASEMENTS SHOWN ARE PER RECORD PLAT UNLESS OTHERWISE NOTED. 6) BEARINGS ARE BASED ON THE RECORD PLAT UNLESS OTHERWISE NOTED. 7) ANGLES ARE BASED ON THE RECORD PLAT UNLESS OTHERWISE NOTED. 8) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472 .027, FLORIDA STATUTES. ti-Y-J ~ to/or;(z_et"L ROLAND E. ROLLINS I DA1E PROFESSIONAL LAND SURVEYOR f FLORIDA REGISTRATION NUMBER 4945 DATE OF LAST FIELD WORK: N/A JOB NUMBER: RR120802LDB [PAGE ONE OF TWO SKETCH AND LEGAL DESCRIPTION CENTRAL ANGLE = 22"01 '29" RADIUS = 20.00' ARC LENGTH = 7.69' CHORD LENGTH = 7.64' SCALE 1" = 20' PALOMA P.U.D. (PLAT BOOK 108, PAGES 144 THROUGH 159} PALM BEACH COUNTY, FLORIDA CHORD BEARING = N 09"27'23" W POINT OF BEGINNING SOUTHWEST CORNER OF LOT 11 PARCEL B N 88"26' 40" W 64.21 I PARCEL B z PART OF LOT 11 6 co az VI 0 N ........ ::a SOUTH LINE :e OF LOT 116 ---- LOT 117 BLOCK 2 s 8/28'09" w 1.01' TRACT WM-1 N 01"33'20" E 24.10' LOT 116 BLOCK 2 \ .. S 33"22'51" E 14.99' (TOTAL) (/) co az ~ LOT 115 ~BLOCK 2 s 01"33'20" w 4.85' CENTRAL ANGLE = 34"56'13" RADIUS = 25.00' ARC LENGTH !!!!!! 15.24' CHORD LENGTH = 15.01' CHORD BEARING ~ S 15"54' 46" E CADIZ CIRCLE ----=--___,.._.:...._...c,__· (RIGHT-OF-WAY VARIES) £ JOB NUMBER: RR120802LDB PAGE TWO OF TWO 1 2 RESOLUTION 95, 2012 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING AN EXCEPTION TO 7 THE REQUIREMENTS OF PLATTING FOR LOTS 116 AND 117 8 LOCATED WITHIN THE PALOMA PLANNED UNIT DEVELOPMENT 9 (PUD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 1 0 PURPOSES. 11 12 13 WHEREAS, City Code Section 78-428. Platting Exceptions. establishes the 14 review process and criteria for exceptions to the platting requirements contained within 15 the subdivision regulations of Chapter 78; and 16 17 WHEREAS, the Planning and Zoning Department and Engineering Department 18 have reviewed the development application and have determined that the subject 19 petition meets Criterion No. 1, and therefore qualifies for an exception to the City's 20 platting requirements; and 21 22 WHEREAS, the Engineering Department has reviewed the certified sketches and 23 legal descriptions of Parcel A and Parcel B, contained within Lot 116 and Lot 117, 24 respectively; and 25 26 WHEREAS, the survey is consistent with the City's Comprehensive Plan and 27 Land Development Regulations; and 28 29 WHEREAS, the City Council deems approval of this Resolution to be in the best 30 interests of the health, safety, and welfare of the residents and citizens of the City of 31 Palm Beach Gardens and public at large. 32 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF PALM BEACH GARDENS, FLORIDA that: 36 37 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 38 39 SECTION 2. The sketch and legal description of Lot 116, consisting of two (2) 40 sheets with four (4) pages, prepared by Roland E. Rollins, is attached hereto as Exhibit 41 "A". 42 43 SECTION 3. The sketch and legal description of Lot 117, consisting of two (2) 44 sheets with four (4) pages, prepared by Roland E. Rollins, is attached hereto as Exhibit 45 "B". 46 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 95, 2012 PASSED AND ADOPTED this __ day of--------' 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ----------------David J. Levy, Mayor ATTEST: BY: ------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 95 2012-platting exceptions-Paloma.doc Page 2 of 2 Resolution 95 , 2012 EXHIBIT "A" ~ d ROLAND ·E. ROLLINS ~ ~/PROFESSIONAL LAND SURVEYOR ~+ P 3221 SW CRUMPACKER STREET ~ 0 ~ PORT ST. LUCIE, FLORIDA 34953 v 772-873-4700 LEGAL DESCRIPTION: ALL OF LOT 116, BLOCK 2, PALOMA P.U.D., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 108, PAGES 144 THROUGH 159, PUBLIC RECORDS OF PALM BEACH COUNlY, FLORIDA; TOGETHER WITH: PARCEL A A PART OF LOT 117, BLOCK 2, PALOMA P.U.D., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 08, PAGES 144 THROUGH 159, PUBLIC RECORDS OF PALM BEACH COUNlY, FLORIDA AND THIS TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 116; THENCE SOUTH 33"22'51" EAST, ALONG THE EAST LINE OF SAID LOT 116 AND THE WEST RIGHT -OF-WAY LINE OF CADIZ CIRCLE, A DISTANCE OF 5.02 FEET TO A POINT; THENCE NORTH 88.30'27" WEST, A DISTANCE OF 61.42 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 116; THENCE NORTH 87.28'09" EAST, ALONG THE SOUTH LINE OF SAID LOT 116 AND THE NORTH LINE OF LOT 117, BLOCK 2, A DISTANCE OF 58.70 FEET TO THE POINT OF BEGINNING AND CONTAINING 126.478 SQUARE FEET OF LAND MORE OR LESS. LESS: PARCEL B A PART OF LOT 116, BLOCK 2, PALOMA P.U.D., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT . BOOK 108, PAGES 144 THROUGH 159, PUBLIC RECORDS OF PALM BEACH COUNlY, FLORIDA AND THIS TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 116, BLOCK 2 AND THE NORTHWEST CORNER OF LOT 117, BLOCK 2; THENCE SOUTH 88.30'27" EAST, A DISTANCE OF 65.21 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 11 6 AND THE NORTH LINE OF SAID LOT 117; THENCE SOUTH 87.28'09" WEST, ALONG THE SOUTH LINE OF SAID LOT 116 AND THE NORTH LINE OF SAID LOT 117, A DISTANCE OF 1.01 FEET TO AN ANGLE POINT; THENCE NORTH 88.26' 40" WEST, ALONG THE SOUTH LINE OF SAID LOT 116 AND THE NORTH LINE OF SAID LOT 117, A DISTANCE OF 64.21 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.302 SQUARE FEET OF LAND MORE OR LESS. ADDENDUM DATE BY CHECKED CERTIFY lO: ~==~~~~~~--------~----~----~ SKETCH AND LEGAL 1 0/15;2012 R E R R E R 1) PALOMA 2007 LLC DESCRIPTION · · · · · · ' NOTES: 1) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS, OWNERSHIP AND/OR RIGHT- -OF-WAYS OF RECORD. 2) NO UNDERGROUND OR INTERIOR IMPROVEMENTS WERE LOCATED EXCEPT AS NOTED. 3) LEGAL DESCRIPTION AS SUPPLIED BY CLIENT. 4) BUILDING TIES ARE 90" OR RADIAL TO THE PROPERTY LINE. 5) ALL EASEMENTS SHOWN ARE PER RECORD PLAT UNLESS OTHERWISE NOTED. 6) BEARINGS ARE BASED ON THE RECORD PLAT UNLESS OTHERWISE NOTED. 7) ANGLES ARE BASED ON THE RECORD PLAT UNLESS OTHERWISE NOTED . 8) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER SJ-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO ~~7~~;::: ;:T;,~~~~~ ROLAND E. R()LLINS I [fATE PROFESSIONAL LAND SURVEYOR I FLORIDA REGISTRATION NUMBER 4945 DATE OF LAST FIELD WORK: N/A JOB NUMBER: RR120805LD I PAGE ONE OF FOUR SKETCH AND LEGAL DESCRIPTION THIS SKETCH IS NOT A BOUNDARY SURVEY CENTRAL ANGLE = 22.01'29" RADIUS = 20.00' ARC LENGTH = 7.69' CHORD LENGTH = 7.64' SCALE 1" = 20' PALOMA P.U.D. (PLAT BOOK 108, PAGES 144 THROUGH 159} PALM BEACH COUNTY, FLORIDA CHORD BEARING = N 09.27'23" W POINT OF BEGINNING TRACT WM 1 SOUTHWEST CORNER OF LOT 116 - PARCEL B N 01.33'20" E 24.10' NORTHWEST CORNER----~~--..;;;...;.;;..;..;;.--,----- OF LOT 117 N 88.26'40" W 64.21' PARCEL B z PART OF LOT 116 .00 CXl u 0 ,...; -...J SOUTH LINE OF LOT 116 LOT 117 BLOCK 2 s 8/28'09" w 1.01' NOTE: SEE DETAIL ON SHEET 3 AND 4. NORTHEAST CORNER OF LOT 117 ll POINT OF BEGINNING- SOUTHEAST CORNER OF LOT 116 PARCEL A (/) NORTH LINE OF LOT 117 (/) 00 00 LOT 116 . BLOCK 2 ~ LOT 115 ~BLOCK 2 NORTH LINE .-...... OF LOT 117 01 0 0 CENTRAL ANGLE = 34.56'13" RADIUS = 25.00' ARC LENGTH = 15.24' CHORD LENGTH = 15.01' S 3S22'51" E CHORD BEARING = S 15•54' 46" E 14.99' {TOTAL) • I ' t £ CADIZ CIRCLE i_RIGHT -OF-WAY VARIES} JOB NUMBER: RR120805LD PAGE TWO OF FOUR Resolution 95, 2012 EXHIBIT "8" SKETCH AND LEGAL DESCRIPTION THIS SKETCH IS NOT A BOUNDARY SURVEY NOT TO SCALE PALOMA P.U.D. (PLAT BOOK 108, PAGES 144 THROUGH 159) PALM BEACH COUNTY, FLORIDA TRACT WM-1 NORTHWEST CORNER OF LOT 117 LOT 117 BLOCK 2 I I I I I ZJ ())I (f) 02 ()) ~I 02 . .,.., ~ 01 . ll 1\.) ...... :e I I ,,., ml .,..,0) 1\.) (}l -:.1 N ,-:. I I I I NORTH LINE 1 OF LOT 117~ I NOTE: SEE DETAIL ON I SHEET 3 AND 4. I I ~ POINT OF BEGINNING SOUTHWEST CORNER OF LOT 116 PARCEL B LOT 116 BLOCK 2 PARCEL B PART OF LOT 116 NOTE: THE SOUTH LINE OF LOT 116 CROSSES OVER THE NORTH LINE OF LOT 117 AT THIS POINT. s 8/28'09" w~ 1.01' \ NORTH LINE \~·//OF LOT 117 SOUTH LINE · OF LOT 116 PARCEL A PART OF LOT 117 \ \ JOB NUMBER: RR120805LD PAGE FOUR OF FOUR SKETCH AND LEGAL DESCRIPTION THIS SKETCH IS NOT A BOUNDARY SURVEY NOT TO SCALE PALOMA P .U.D. (PLAT BOOK 1 08, PAGES 144 THROUGH 159} PALM BEACH COUNlY, FLORIDA NOTE: THE SOUTH LINE OF LOT 116 CROSSES OVER THE NORTH LINE OF LOT 117 AT THIS POINT. SOUTH LINE OF LOT 116 z z I(X) LOT 116 (X) I j BLOCK 2 (X) I CXI_ ~ I f5. LOT 117 r.; BLOCK 2 ~ ,.., • I =e I I g; NORTH LINE m ~· OF LOT 117 :-" q / ~ ~ 1/ PARCEL A /~ S 33"22'51" E PART OF LOT 117 / r 5.02' / I o~ / I ~~c.."~ NORTHEAST CORNER OF LOT 117 :\ \J c..~ ~~~S>(l. c..~ POINT OF BEGINNING SOUTHEAST CORNER OF LOT 116 PARCEL A CADIZ CIRCLE (RIGHT -OF -WAY VARIES) JOB NUMBER: RR120805LD PAGE THREE OF FOUR SKETCH AND LEGAL DESCRIPTION THIS SKETCH IS NOT A BOUNDARY SURVEY SCALE 1" = 20' PALOMA P.U.D. (PLAT BOOK 108, PAGES 144 THROUGH 159) PALM BEACH COUNTY, FLORIDA CENTRAL ANGLE = 26"05'32" RADIUS = 20.00' ARC LENGTH = 9.11' CHORD LENGTH = 9.03' ·TRACT WM-1 CHORD BEARING = N 33"30'53" W CENTRAL ANGLE = 34.23'29" RADIUS = 48.00' ARC LENGTH = 28.81 I CHORD LENGTH = 28.38' CHORD BEARING = N 29.21'55" W NOTE: SEE DETAIL ON SHEET 3 AND 4. LOT 118 BLOCK 2 S 33"22'51" E 5.02' ----- z Q) 02 N 88"26'40" W 64.21' 0.089 ACRE ~ _. ~ s 87"28'09" w "-> N 0> ~ 1.01' . =E LOT 117 ~ ~ BLOCK 2 c ?> 0) VI _. "-> PARCEL A ~ PART OF LOT 117 WEST RIGHT -OF -WAY LINE OF CADIZ CIRCLE s 01.18'38" w 10.14' POINT OF BEGINNING SOUTHWEST CORNER OF LOT 116 PARCEL B NORTHWEST CORNER OF LOT 117 PARCEL B PART OF LOT 116 LOT 116 BLOCK 2 NORTH LINE OF LOT 117 SOUTH LINE OF LOT 116 POINT OF BEGINNING SOUTHEAST CORNER OF LOT 116 PARCEL A ~------ S 33"22'51 ~ E 14.99' (TOTAL) CENTRAL ANGLE = 34• 41'29" RADIUS = 25.00' ARC LENGTH = 15.14' CHORD LENGTH = 14.91' CHORD BEARING = S 16"02'07" E CADIZ CIRCLE ---------4;£;...._ i_RIGHT-OF-WAY VARIES) JOB NUMBER: RR120813LD PAGE TWO OF FOUR ~ d ROLAND E. ROLLINS ~ ~/PROFESSIONAL LAND SURVEYOR ~· P 3221 SW CRUMPACKER STREET ~ 0 ~ PORT ST. LUCIE, FLORIDA 34953 v 772-873-4700 LEGAL DESCRIPTION: ALL OF LOT 117, BLOCK 2, PALOMA P.U.D., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 108, PAGES 144 THROUGH 159, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LESS: PARCEL A A PART OF LOT 117, BLOCK 2, PALOMA P.U.D., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 108, PAGES 144 THROUGH 159, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THIS TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 116; THENCE SOUTH 33"22'51" EAST, ALONG THE EAST LINE OF SAID LOT 116 AND THE WEST RIGHT -OF -WAY LINE OF CADIZ CIRCLE, A DISTANCE OF 5.02 FEET TO A POINT; THENCE NORTH 88"30'27" WEST, A DISTANCE OF 61.42 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 116; THENCE NORTH 87"28'09" EAST, ALONG THE SOUTH LINE OF SAID LOT 116 AND THE NORTH LINE OF LOT 117, BLOCK 2, A DISTANCE OF 58.70 FEET TO THE POINT OF BEGINNING AND CONTAINING 126.478 SQUARE FEET OF LAND MORE OR LESS. TOGETHER WITH: PARCEL B A PART OF LOT 116, BLOCK 2, PALOMA P.U.D., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 108, PAGES 144 THROUGH 159, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THIS TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 116, BLOCK 2 AND THE NORTHWEST CORNER OF LOT 117, BLOCK 2; THENCE SOUTH 88"30'27" EAST, A DISTANCE OF 65.21 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 116 AND THE NORTH LINE OF SAID LOT 117; THENCE SOUTH 87"28'09" WEST, ALONG THE SOUTH LINE OF SAID LOT 116 AND THE NORTH LINE OF SAID LOT 117, A DISTANCE OF 1.01 FEET TO AN ANGLE POINT; THENCE NORTH 88"26' 40" WEST, ALONG THE SOUTH LINE OF SAID LOT 116 AND THE NORTH LINE OF SAID LOT 117, A DISTANCE OF 64.21 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.302· SQUARE FEET OF LAND MORE OR LESS. ADDENDUM DATE BY CHECKED CERTIFY TO: .r~==~~=-~~+---------+-----+------4 SKETCH AND LEGAL 1 0/15;2012 R E R R E R 1) PALOMA 2007, LLC DESCRIPTION · · · · · · NOTES: 1} LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS, OWNERSHIP AND/OR RIGHT- -OF-WAYS OF RECORD. 2) NO UNDERGROUND OR INTERIOR IMPROVEMENTS WERE LOCATED EXCEPT AS NOTED. 3) LEGAL DESCRIPTION AS SUPPLIED BY CLIENT. 4) BUILDING TIES ARE 90' OR RADIAL TO THE PROPERTY LINE. 5) ALL EASEMENTS SHOWN ARE PER RECORD PLAT UNLESS OTHERWISE NOTED. 6) BEARINGS ARE BASED ON THE RECORD PLAT UNLESS OTHERWISE NOTED. 7) ANGLES ARE BASED ON THE RECORD PLAT UNLESS OTHERWISE NOTED. 8) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 5J-17, FLORIDA ADMINISTRAT IVE CODE , PURSUANT TO ;::;2z~·= ST;:;,7 J~,~ ROLAND E. RCiLL!NS I D'fE PROFESSIONAL LAND SURVEYOR FLORIDA REG ISTRATI ON NUMBER 4945 DATE OF LAST FIELD WORK: N/A JOB NUMBER: RR120813LD j PAGE ONE OF TWO SKETCH AND LEGAL DESCRIPTION THIS SKETCH IS NOT A BOUNDARY SURVEY NOT TO SCALE PALOMA P.U.D. (PLAT BOOK 108, PAGES 144 THROUGH 159) PALM BEACH COUNlY, FLORIDA TRACT WM-1 NORTHWEST CORNER OF LOT 117 LOT 117 BLOCK 2 I I I I I Zl m1(/) ~~m 0) • ~-~ ~ 01 -lit 1\) ......., :e I • IJ'Tl ml .,.1 0) 1\) 01 ~I f-.l I~ I I I I NORTH LINE 1 Of LOT 117~ I I I I ~ POINT OF BEGINNING SOUTHWEST CORNER OF LOT 116 PARCEL B LOT 116 BLOCK 2 PARCEL B PART OF LOT 116 NOTE: THE SOUTH LINE OF LOT 116 CROSSES OVER THE NORTH LINE OF LOT 117 AT THIS POINT. s 87"28'09" w ___________.... 1.01' \ NORTH LINE \/OF LOT 117 SOUTH LINE OF LOT 116 PARCEL A PART OF LOT 117 \ \ JOB NUMBER: RR120813LD PAGE FOUR OF FOUR SKETCH AND LEGAL DESCRIPTION THIS SKETCH IS NOT A BOUNDARY SURVEY NOT TO SCALE PALOMA P.U.D. (PLAT BOOK 108, PAGES 144 THROUGH 159) PALM BEACH COUNTY, FLORIDA . SOUTH LINE OF LOT 116 z NOTE: THE SOUTH LINE OF LOT 116 CROSSES OVER THE NORTH LINE OF LOT 117 AT THIS POINT. z l(X) LOT 116 (X) l j BLOCK 2 az ~~ LOT 117 ~ lg. BLOCK 2 ~ :"' ~ ' l g: NORTH LINE en ~· OF LOT 117 ~ q / ~ ~ 1/ PARCEL A /~ S 33"22'51" E PART OF LOT 117 · / { 5.02' / I o«- / I ~«... CJ"«... NORTHEAST CORNER OF LOT 117 ~ vCJ~ ~«_,<":> S>\1.-(j~ POINT OF BEGINNING SOUTHEAST CORNER OF LOT 116 PARCEL A CADIZ CIRCLE (RIGHT -OF -WAY VARIES) JOB NUMBER: RR120813LD PAGE THREE OF FOUR -------------------------------------------, CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 1, 2012 Resolution 96, 2012 Subject/Agenda Item: Resolution 96, 2012 Trevi at the Gardens Planned Unit Development (PUD) Signage Easement Consideration for Approval: A request for the City Council to authorize an easement to be placed over a City right-of-way to allow a ground sign to be installed to identify the Trevi PUD residential community . The 1.74-acre City-owned right-of-way parcel is located approximately 950 feet west of Interstate 95 on the south side of Hood Road . [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Planning & Development Compliance Ba~ ~lfs , AICP Planning & Zoning: Project Manager [X] Quasi -Judicial [ ] Legislative [X] Public Hearing ~------------~ Advertised: [ ] Required [ ] Not Required Date: N/A Paper: N/A ~--~~----------i Finance: Accountant Sarah Varga Fees Paid: N/A Funding Source: [ ] Operating [X] Other N/A Budget Acct.#: N/A Contract/Agreement: Approved By: r------------i Effective Date: cted parties: ] Notified [X] Not Required N/A Expiration Date N/A Council Action: ] Approval ] Approved w/ Conditions ] Denial ] Continued to: ___ Attachments: • Resolution 96, 2012- Easement Agreement with Attachments ---------------------------------- Meeting Date: November 1, 2012 Resolution 96, 2012 Page 2 of 5 EXECUTIVE SUMMARY The Applicant, Kennedy Homes LLC, is requesting approval of a 416-square-foot easement to be placed over a portion of a City-owned right-of-way to allow a ground sign to be installed that identifies the Trevi at the Gardens Planned Unit Development (PUD). Trevi at the Gardens PUD is accessed via Mediterranean Drive, which is a City-owned street. The Applicant is requesting the City Council grant an easement adjacent to Mediterranean Drive to allow motorists approaching the development from Hood Road to see the sign and identify the location to turn. Due to the unique way the site is accessed, staff recommends approval of the subject request. BACKGROUND On June 7, 2012, the development application for Trevi at the Gardens Planned Unit Development (PUD) was approved by the City Council via the adoption of Resolution 27, 2012. Trevi at the Gardens PUD site plan was approved for 75 two-(2) story townhome units on an approximately 1 0.4-acre parcel located at the southwest corner of Hood Road and Interstate 95. The parcel is accessed via an off-site right-of-way parcel transferred from the FDOT to the City. Following the approval of the Trevi at the Gardens PUD on June 7, 2012, the City Council approved the transfer of two (2) right-of-way parcels from the Florida Department of Transportation's (FOOT's) jurisdiction to the City's ownership. One (1) parcel is located at the northeast quadrant of Hood Road and Interstate 95, and the second parcel is located at the southwest quadrant of Hood Road and Interstate 95. The second parcel, located south of Hood Road, is the subject of this request. PROJECT DETAILS Site Details The Applicant is requesting approval of a 416-square-foot easement to be granted on C ity- owned property to allow a ground sign to be installed that identifies the Trevi at the Gardens PUD. The PUD is located at the southwest corner of Hood Road and Interstate 95 and is accessed via Mediterranean Drive. Mediterranean Drive, a City-owned roadway, provides access from the PUD to Hood Road . The Applicant proposes the ground sign adjacent to Mediterranean Drive, within the City-owned right-of-way. The following aerial depicts the approximate location in which the ground sign is proposed to be located: (The remainder of this page intentionally left blank) L__ _________ - Sign age ---------------------------------------------------------- Meeting Date: November 1, 2012 Resolution 96,2012 Page 3 of5 City Code Section 78-285, entitled Permitted Signs, provides for standards and criteria for signage located within the City . Table 24 of City Code Section 78-285, allows a residential development to have two (2) perimeter wall or entry feature ground signs on either side of the entrance, subject to City Council approval. The ground sign is located approximately 114 feet south from the pavement of Hood Road. The Applicant proposes a ten-(1 0) foot by nine-(9) foot ground sign that incorporates elements of the Mediterranean architecture that is found throughout the PUD . A tower mimicking the barrel tile roof treatment of the townhomes is incorporated into the design of the sign. The sign will be consistent with the colors of the townhome units. An illustration of the proposed monument sign follows: (The remainder of this page intentionally left blank) TCP OF ttt'N...M:NT 0 '-()' Landscaping/Buffering TREVI GAlfDENS . . Meeting Date : November 1, 2012 Resolution 96, 2012 Page 4 of5 . '. . . ' .. -.·: i ·.~of f ~·: ..... ~ ~ • • ' ~ • , " .~ _. • w , ' • , ' _. .I ~ MONUMENT El.f.VATION The proposed monument sign will be landscaped with flowering trees, shrubs, and flowering bushes in accordance with the City's LDRs. The Applicant proposes a mix of the following trees and plants around the base of the sign: Tabebuia, triple Alexander Palms, Green Island Ficus, Gold Mound Duranta, Foxtail Ferns, and flowering annuals. Easement Agreement An easement agreement was prepared by the City and furnished to the Applicant for signature (see attached). The agreement authorizes the Applicant at its sole cost and expense to install, maintain, and repair a ground sign and associated landscaping within the 416-square-foot area identified in the attached legal description and sketch. Also, the proposed easement agreement would allow the Applicant to install temporary signage, such as a development sign , subject to the limitations provided for in City Code Section 78-290. STAFF ANALYSIS Trevi at the Gardens PUD is located adjacent to Interstate 95 on the south side of Hood Road. The PUD is accessed via a City-owned off-site right-of-way parcel named Mediterranean Drive. The driveway of Mediterranean Drive is located approximately 112 feet west of the Hood Road I Interstate 95 bridge. The proposed monument sign location will assist vehicular motorists crossing the bridge to identify the entrance of the residentia·l community . Furthermore, due to the proximity of the bridge to the driveway, the proposed sign location will assist motorists who are unfamiliar with the area to identify the entrance to the community; thus, improving the overall safety of the roadway. City staff has reviewed the Meeting Date: November 1, 2012 Resolution 96,2012 Page 5 of5 request and is supportive of the Applicant's request for an off-site ground sign due to the unique access and location of the Trevi at the Gardens PUD. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 96, 2012 as presented. 1 RESOLUTION 96,2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A RESIDENTIAL 6 ENTRY SIGN AND AN EASEMENT AGREEMENT BETWEEN THE 7 CITY OF PALM BEACH GARDENS AND KENNEDY HOMES LLC, 8 AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN 9 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, the City Council, as the governing body of the City of Palm Beach 13 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 14 Statutes, and the City's Land Development Regulations, is authorized and empowered 15 to consider petitions related to zoning and land development orders; and 16 17 WHEREAS, the City Council adopted Resolution 53, 2012, approving a roadway 18 transfer from the Florida Department of Transportation (FOOT) to the City for two (2) 19 parcels of land to be used for right-of-way and access purposes of adjacent properties; 20 and 21 22 WHEREAS, the City Council adopted Resolution 27, 2012, approving the Trevi at 23 the Gardens Planned Unit Development (PUD) for 75 two-(2) story townhome units on 24 an approximately 1 0.4-acre site; and 25 26 WHEREAS, the Planning and Zoning Department has reviewed the application, 27 has determined that it is sufficient and consistent with the City's Comprehensive Plan 28 and Land Development Regulations, and has recommended approval; and 29 30 WHEREAS, the City Council has considered the evidence and testimony 31 presented by the Applicant and other interested parties and the recommendations of the 32 various City of Palm Beach Gardens reviewing agencies and staff; and 33 34 WHEREAS, the City Council deems approval of this Resolution to be in the best 35 interests of the health, safety, and welfare of the residents and citizens of the City of 36 Palm Beach Gardens and the public at large. 37 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 40 OF PALM BEACH GARDENS, FLORIDA that: 41 42 SECTION 1. The foregoing recitals are hereby affirmed and ratified . 43 44 45 Page 1 of 3 Resolution 96 , 2012 1 SECTION 2. The application is hereby APPROVED for an easement agreement 2 between the City of Palm Beach Gardens and Kennedy Homes LLC for the real property 3 described as follows: 4 5 (See Exhibit "A" for Legal Description) 6 7 SECTION 3. This petition is approved subject to strict compliance with the 8 Exhibits listed below, which are attached hereto and made a part hereof as Exhibit "B": 9 1 0 1. Easement Agreement. 11 12 2. Trevi at the Gardens Monument Sign, 2 Sheets, prepared by Affiniti 13 Architects, and dated September 14, 2012. 14 15 SECTION 4. This approval shall be consistent with all representations made by 16 the Applicant or the Applicant's agent at any public hearing. 17 18 SECTION 5. This Resolution shall become effective immediately upon adoption. 19 20 (The remainder of this page intentionally left blank) 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 96, 2012 PASSED AND ADOPTED this __ day of _______ ,, 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: -----------------David Levy, Mayor ATTEST: BY: --------------~---Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: ---------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 96 2012-easement agmt with Kennedy Homes.docx Page 3 of 3 Resolution 96, 2012 EXHIBIT "A" THIS IS NOT A BOUNDARY SURVEY LEGAL DESCRIPTION A PARCEL OF LAND LYING IN TRACT "D", PLAT NO. 3 WESTWOOD GARDENS AS RECORDED IN PLAT BOOK 48, PAGES 174 THROUGH 178, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT "D"; THENCE SOUTH 88°06'56" EAST ALONG THE NORTH LINE OF SAID TRACT "D", A DISTANCE OF 240.19 FEET; THENCE SOUTH 01°53'04" WEST, A DISTANCE OF 83.46 FEET TO THE POINT OF BEGINN ING; THENCE SOUTH 85°49'35" EAST, A DISTANCE OF 26.00 FEET; THENCE SOUTH 04°10'25" WEST, A DISTANCE OF 16.00 FEET; THENCE NORTH 85°49'35" WEST, A DISTANCE OF 26.00 FEET; THENCE NORTH 04°10'25" EAST, A DISTANCE OF 16.00 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 416 SQUARE FEET { 0 .01 ACRES) MORE OR LESS. SURVEYOR'S NOTES: 1.) NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2.) BEARINGS AS SHOWN HEREON ARE BASED UPON THE NORTH LINE OF TRACT "D", PLAT NO.3 WESTWOOD GARDENS AS RECORDED IN PLAT BOOK 48, PAGES 174-178, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A PLATTED BEARING OF SOUTH 88°06'56" EAST, -Ill UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWIN G, MAP, SKETCH OR PLAT IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID. DATE : ---='-+1-'-t~~A_t_tJI._'Z. __ 7 I MICHAEL B. SCHORAH & ASSOCIATES, INC. - LE~---,-------------- PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NUMBER 5698 SKETCH AND DESCRIPTION 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH, FLORIDA 33406 EB# 2438 TEL {561) 968-0080 FAX. (561) 642-9726 LB# 2438 OF SIGN EASEMENT IN TRACT "D" I-F-IELD_: _N_IA __ +-DRA_WN_: _L_.c_.B_. -----1f-sc_ALE_' _No_r r_o_sc_AL-lE PLAT NO. 3 WESTWOOD GARDENS BOOK: N/A PAGE: N/A DATE: SEPT., 2012 PROJ.FILE: TREVI CADDFILE: CHECKED: J .T.G. 1514 SIGN_EASE SHEET NO. 1 OF 2 I JOB NO. 1514 THIS IS NOT A BOUNDARY SURVEY PLAT N0.1 WESTWOOD GARDENS P.B. 46, PAGES 156-161 ((f_ HOOD ROAD 80'RIW(APRIL21, 1956) (RIW WIDTH VARIES) (PER D.B . 1139, PAGE 281) 14' ADDITIONAL RIW FOR HOOD ROAD _:E~.B. 48, PAGE 174'1_ ~ t-----1:---- .. S88 oo6·s6"E .240.19;.-.. , .. ~ .. -.. t .. -· · P.O.C. ~ I . N.LINEOFTRACT"D" I NW CORNER (g eo I (BEARING BASE) OF TRACT "D" c., ~I ll)C"') t ~col 0<9· S85°49'35"E / I .. -.. -.. -.. '· Cl) 'I ~ . 26.00' N04o10'25"E S04°10'25"W 16.oo· L 16.oo· I I "-··--.. I N85° 49'35"W 26.00' PLAT NO.3 WESTWOOD GARDENS PLAT BOOK48, PAGES 174-178 LEGEND P.O.C. = POINT OF COMMENCEMENT P.O.B. " POINT OF BEGINNING F.D.O.T. = FLORIDA DEPARTMENT OF TRANSPORTATION O.R.B. • ·oFFICIAL RECORD BOOK l 1- (.) ~ 1- I P .B. • PLAT BOOK N/A • NOT APPLICABLE R!W "RIGHT-OF-WAY C.M. = CONCRETE MONUMENT · U.E. = UTILITY EASEMENT L --1 ~ "' CURVE CENTRAL ANGLE R =RADIUS L =LENGTH ~ • CENTERLINE I ...J - WC"') w . () " __cr:: <( ___ _ <(a. a..c!i ("') ,0') QM 0~ ·o LL,_. L - Cl w 1- ~ a.. 1- 0 z I I MICHAEL B. SCHORAH & ASSOCIATES, INC. 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH, FLORIDA 33406 SKETCH AND DESCRIPTION EB# 2438 TEL. (561) 968-0080 FAX. (561) 642-9726 LB# 2438 Ill -Fl£lD: N/A DRAWN: L.C.B. SCALE: NOT TO SCALE BOOK: N/A DATE: SEPT., 2012 PROJ.FILE TREVI 1-------t------:-c=--=-----i CADDFILE: PAGE: N/A CHECKED: J.T.G. 1514_SIGN_EASE OF SIGN EASEMENT IN TRACT "D" PLAT NO.3 WESTWOOD GARDENS SHEET NO. 2 OF 2 JOBNO. 1514 COLOR SQ-IEME FASCIA. SOFFIT, SOFFIT TRIM CLC 1243W -U. TRA SLEDE BAr-DS TRIM CLC 1243W -U. TRA SLEDE ROOF TILE -CANYON BLEND BODY 111- CLW 1012 -CEDAR BOWL COLOR PALETTE BY• COLOR W~L __..---CONCRETE TILE ROOF ------'lX6' P.T. WOOD FACIA WI METAL DRIP ~------TOTAL COPY AREA= 4.50 SF. ~--I 1/2" WALL CAP SLOPED TO "-'1.----~-+-~~r-=+-----f~b,.~;;;_ PROVIDE POSITIVE DRAINAGE TCP OF EEAM cJ. 4'-4'ABOVE GRADE V TCPOFEEAM -+---SMOOTH STUCCO FINISH 'l-Q'ABOVE GRADE MONUMENT FRONT ELEVATION l:::::::ll lllll ll lll llll lllll lllllllllft1 : ~ 'l-8' 'l-8' r:;-o· • • • AFFINITI archiiC"cts Broken Sound Pkwy. NW -Suite 8-Boca Raton FL-33487 561750.()445 AFFNnARorntCI'S.OOM z-o· r-a· MONUMENT PLAN T RE V I AT T H E GA RDE NS BY KENNE D Y H OMES ~ i U') ~ f"T'1 <:iJ ~ f~ @ ~ N $ TOP OF MON.NENT 10'-o'/lOOVE GRACE GRADE 0'·0' . TREVI GARDENS . . . ~r~~·-.·. MONUMENT ELEVATION l l 'r MONUMENT PIAN • • • AFFINITI a r c h / I t' c I s Brokm Sound Pkwy. NW -Suite 8 -Boca Raton FL-33487 TREVI AT THE GARDENS BY KENNEDY HOMES 561.750.()445 AFfiNIT1AROiJTECI'S.COM Resolution 96, 2012 EXHIBIT "B" The instrument prepared by and return to: R. Max Lohman, Esq. City of Palm Beach Gardens, Florida 10500 N. Military Trail Palm Beach Gardens, FL 33410 EASEMENT AGREEMENT This Easement Agreement ("Agreement") is made and entered into this day of _____ , 2012, by and between the City of Palm Beach Gardens, a municipal corporation organized and existing under the laws of the State of Florida, whose mailing address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410 ("City") and TREY I AT THE GARDENS HOMEOWNERS'ASSOCIATION, INC., a Florida nonprofit corporation ("Association"), whose mailing address is 6400 Congress Avenue, Suite 2175, Boca Raton, Florida 33487. WHEREAS, Association, in connection with its operation of the development known as Trevi at the Gardens" ("Development"), proposes a monument sign upon the City's property; and WHEREAS, Association has requested a perpetual easement across a portion of the City's property, for the installation, operation, maintenance, and repair of said monument sign for the benefit of the owners, tenants, and visitors of the Development, and the general public to the Development~ and WHEREAS, the City is the fee title owner of certain real property lying herein described in Exhibit "A", attached hereto and made part hereof, and desires to grant to Association, its successors, and assigns a non-exclusive, perpetual easement in, on, over, under, and across a portion of its property for the purposes described herein; and WHEREAS, the parties desire to establish the rights and responsibilities of the parties with respect to the easement created herein. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: Page 1 of4 1. The City hereby represents that it is the fee simple owner of the real property described in Exhibit "A", attached hereto and made part hereof (the "Property"); that it has the right to enter into this Agreement; and that the person signing this Agreement has the authority to sign and execute this Agreement on behalf of the City. The City and its successors-in-interest to the City Property are referred to herein as the "City." 2. The City hereby grants and conveys to Association, its successors, and assigns a perpetual, non-exclusive easement (hereinafter referred to as the "Easement") for access over, on, under, and across the Propetty, which shall permit Association and its officers, agents, employees, servants, and independent contractors the right and authority to enter upon the Property any time to use, install, operate, service, maintain, construct, reconstruct, remove, relocate, repair, and replace Association's sign. In addition to a permanent monument sign, the Association shall be permitted to install temporary signage within said Easement, subject to the standards and regulations as set forth in the City Code of Ordinances. The legal description of the Easement is more specifically described in Exhibit "A", and the location of the Easement is depicted on the location sketch attached hereto as Exhibit "B", both of which are incorporated herein and made a part hereof. 3. Association shall, at its sole cost and expense, install, maintain, and repair its sign. Association shall perform its obligations described herein in a manner so as to minimize damage, disruption, and inconvenience to the Property. 4.. Association, its officers, agents, employees, servants, and independent contractors shall install, maintain, repair, and replace the sign in a proper operating and reasonably safe condition. The City shall maintain and repair all other portions of the Property of which the Easement is a part, in a proper and reasonably safe condition, unless otherwise mutually agreed upon by the City and Association. or as may be set forth in any City-issued development order relating to the Development. 5. Association indemnifies the City against, and holds it harmless from, any and all claims, demands, actions, suits, losses, damages, expenses, judgments (including court costs and reasonable attorney's fees at all levels), and claims of liability which arise as a result of the use and/or occupancy of the Easement and the Property by Association. 6. The Easement hereby created, granted, and conveyed includes the creation of all incidental rights and easements reasonably necessary for the use and enjoyment of the Easement by Association for its intended purposes. The Easement shall be perpetual and non-exclusive, shall be binding upon the City, and sha11 run with and be binding upon the Property. The City may, for its own purposes, utilize the Property and shall retain a right of free ingress and egress under, over, and upon the Property; provided, however, that the City shall not grant any easement, lease, license, nor make any covenants or agreements permitting the use or occupancy Page 2 of4 ------------~----------------- of the Easement or Property, which may in any way interfere with or impede the Easement or the exercise of the rights granted by the City under this Agreement or which may violate the terms of this Agreement, except as may be necessary to serve transportation or public utility purposes. Should the City require the use of the Property for transportation or public utility purposes in any manner which would conflict or frustrate the Associations use of the Property pursuant to this Agreement, the City's use of the Property shall take precedence, and/or the City shall have the right to unilaterally terminate this Agreement without any liability to the Association, its successors, and/or assigns. 7. This Agreement shall be governed by, construed under, and interpreted and enforced in accordance with the laws of the State of Florida, with venue for any litigation concerning this Agreement to be in a court of competent jurisdiction located in Palm Beach County, Florida. The parties hereby consent and submit to the exclusive jurisdiction of any such court and agree to accept service of process outside the State of Florida in any matter to be submitted to any such court pursuant hereto. 8. The prevailing party in any action or proceeding in any court to enforce the terms of this Agreement shall be entitled to receive its reasonable attorney's fees and other reasonable costs and expenses from the non-prevailing party. 9. This Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises, or understandings between the parties. Neither this Agreement nor the Easement may be terminated and/or otherwise modified except by a writing executed by the City and Association and recorded in the Public Records of Palm Beach County, Florida. 10. Upon full execution by the parties, this Easement Agreement and Exhibits "A" and "B", attached hereto, shall be recorded by Association in the Public Records ofPalm Beach County, Florida with Association to pay the costs of recording. II. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of the Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable will not be affected, and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. I2. This Easement shall be for the benefit of Association and Association's successors and/or assigns. Page 3 of4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. ASSOCIATION: TREVI AT THE GARDENS HOMEOWNERS' ASSOCIATION, INC., a Florida nonprofit corporation By:~ Michael Ehrlich, President STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) CITY: CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: __________ _ David Levy, Mayor ~~-0 The foregoing instrument was acknowledged before me this J3 day of t-7 , 2012, by Michael Ehrlich, as President of TREVI AT THE 9ARDENS HOMEOWNERS' ASSOCIATION, INC., a Florida nonprofit corporation, . o..,L_ is personally known or _ has produced ·•~·c~ . . {type ofidentificafon) as identificatio~. •.''.~ ~AAM.PARK k L .... ::(:: .. !~ fu~~,~~~~o~ ~po ~70575 (L__ /' n. . ' ~'''•"'' t=>\ ltt!l:\ .J}Jiy l:t, .,1() 14 "'--. '""- (AFFIX NQIA ::·· ' -· il¥i'einlnll1Jranc:e800-385-70li Notary Public 1; A • A Print Name: ~A V\IL f'/tl(.K!. STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this _ day of , 2012, --- by David Levy, as Mayor of the CITY OF PALM BEACH GARDENS, FLORIDA. (AFFIX NOTARY SEAL) Notary Public Print Name: ------------------ G:\attorney _share\AGREEMENTS\Trevi at the Gardens Sign easement agreement.docx Page 4 of4 EXHffiiT "A" THIS IS NOT A BOUNDARY SURVEY LEGAL DESCRIPTION A PARCEL OF LAND LYING IN TRACT "D", PLAT NO. 3 WESTWOOD GARDENS AS RECORDED IN PLAT BOOK 48, PAGES 174 THROUGH 178, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT "D"; THENCE SOUTH 88°06'56" EAST ALONG THE NORTH LINE OF SAID TRACT "D", A DISTANCE OF 240.19 FEET; THENCE SOUTH 01°53'04" WEST, A DISTANCE OF 83.46 FEET TO THE PO INT OF BEGINNIN G; THENCE SOUTH 85°49'35" EAST, A DISTANCE OF 26.00 FEET; THENCE SOUTH 04°10'25" WEST, A DISTANCE OF 16.00 FEET; THENCE NORTH 85°49'35" WEST, A DISTANCE OF 26 .00 FEET; THENCE NORTH 04°10'25" EAST, A DISTANCE OF 16.00 FEET TO THE AFOREMENTIONED P91NT OF BEGINNING. CONTAINING 416 SQUARE FEET ( 0.01 ACRES) MORE OR LESS. SURVEYOR'S NOTES: 1.) NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2.) BEARINGS AS SHOWN HEREON ARE BASED UPON THE NORTH LINE OF TRACT "D", PLAT NO.3 WESTWOOD GARDENS AS RECORDED IN PLAT BOOK 48, PAGES 174-178, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A PLATTED BEARING OF SOUTH 88°06'56" EAST, UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, MAP, SKETCH OR PLAT IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID. DATE : -----=':-r,/--"1....:..,~~0~1)-/Z. __ _ MICHAEL B. SCHORAH /~~~~ LESLIE C. BfSPOTT- PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NUMBER 5698 ......_........ 1850FORESTHILLBLVD .• SUITE206 SKETCH AND DESCRIPTION II & ASSOCIATES, INC • WEST PALM BEACH, FLORIDA 33406 EB#2438 TEL.(561)968-0080 FAX.(561)642-9726 LB#2438 OF SIGN EASEMENT IN TRACT "D" .,.__....,.lUI t-F-IEL.D_= _N_tA __ +-D-RA_-_, _L_c._e._+-sCA_LE:_·No-=r=ro=sc:--A--;Le PLAT NO.3 WESTWOOD GARDENS BOOK: N/A DATE: SEPT., 2012 PROJ.FILE: TREVI ~~~~!) 1------+-----:--::::-::---l CADDALE: PAGE: N/A CHECKED: J.T.G. 1514_SIGN_EASE SHEET NO. 1 OF 2 I JOB NO. 1514 THIS IS NOT A BOUNDARY ·SURVEY PLAT N0.1 WESTWOOD GARDENS (~ HOOD ROAD . P.B. 46, PAGES 156-161 80' RIW (APRIL 21, 1956) I _J (<) (RIWWIDTH VARIES) (PER D.B.1139, PAGE 281) W w -~ . 0~ --.--_a: <C ___ _ -=--_ 14' ADDITIONAL R1W FOR HOOD ROAD PER P.B. 48, PAGE 174 b ~ 0:_ TRACT "C'' _ 1 •• _ .. --_ _ _ ~ ~ ~ ~ ~ ~ · P.O.C. ? I N. LINE OF TRACT "D" · U.: 0 w ~ I I NW CORNER ~ (o I (BEARING BASE) -....JfB~ OFTRACT"D" C")-.;t;l L <9-..... I L()C") ilL / f-.. ~ --I ~.,~~9~· ;:~9'35"E "' ~I I N04.10'25"E~ S04.10'25'W p ~\);........ 1 , / 1600' . L .. __ y _::o· tJ N85.49'35"W__/ .. l . ~ 26.00' 1- LEGEND PLAT NO.3 WESTWOOD GARDENS PLAT BOOK 48, PAGES 174-178 P.O.C. = f>OINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING F.D.O.T. = FLORIDA DEPARTMENT OF TRANSPORTATION O.R.B. • ·oFFICIAL RECORD BOOK I I I I P.B. • PLAT BOOK N/A " NOT APPLICABLE RNV "RIGHT-OF-WAY C.M. = CONCRETE MONUMENT ·U.E. =UTILITY EASEMENT L ---1 1!. = CURVE CENTRAL ANGLE R =RADIUS L =LENGTH ~ " CENTERLINE - 0 w § c. 1- 0 z MICHAEL B. SCHORAH & ASSOCIATES, INC. 1850FORESTHILLBLVD.,SUITE206 SKETCH AND DESCRIPTION . - II.,_..___.. WEST PALM BEACH, FLORIDA 33406 TEL.(561)968-0080 FAX.(561)642-9726 LB#2438 OF SIGN EASEMENT IN TRACT "D" EB# 2438 1--F-IEL_o,_N_IA __ +-o-RA_WN_: _L_.c_.B_._+-sc-A_Le:_No_r_ro_s_cA_LE-1 PLAT NO. 3 WESTWOOD GARDENS N/A DATE: SEPT., 2012 PROJ.FILE TREVI !-------+---,_;....,...~ CADDFILE: N/A CHECKED: J.T.G. 1514_SIGN_EASE -111 BOOK: PAGE: SHEET NO. 2 OF 2 . I JOB NO. 1514 EXHIBIT "B" COLOR SCHEME FASCIA. SOFFIT, SOFFIT TRIM CLC 1243W -LURA SLEDE BANDS TRIM CLC 1243W -LURA Sl.EDE ROOF TILE -CANYON BLEND BODY *II- CLW 1012 -CEDAR BOWL COLOR PALETTE BY• COLOR WI-EEL .------CONCRETE TILE ROOF ------TX6' P.T. WOOD FACIA WI METAL DRIP TOP OF MON..tBIT ~ J::--------DECORATIVE CHIM\EY IO'-<Y"ABOVE GRADE ~--I 112" WALL CAP SLOPED TO 4=3~=:::;-c-t::::l:'===:::=!~;_ PROVIDE POSITIVE DRAINAGE TOP OF BEAM A 4'-4'ABOVE GRADE V ---+---SMOOTH STUCCO FINISH TOP OF BEAM '1-Q'ABOVE GRADE GRADE . o·-o· MONUMENT FRONT ELEVATION 1 :::::::11111 1 1111 1 1111 11 111 1 11111111 1 ~ : ~ '1-B' '1-B' 9'-Q' • • • AFFINITI ar c hilecls Broken Sound Pkwy. NW -Suite 8 -Boca Raton R.- 561.750.()445 AFfiNITIARQIII'ECfS.COM z-o· 1·-a· MONUMENT PLAN T RE VI AT THE GA RD EN S B Y KENNEDY H OMES ~ ~ 'en ~ ,.., -o ~ f~ ~ 1'3 $ TOP OF MONJVENT GRADE o·-o· . ~----------- TREVI GARDENS . . .. . . • • ' •J • ~~~.:·~~.~ MONUMENf ELEVATION r;-o· MONUMENf PLAN • • • AFFINITI archirecrs Broken Sound Pkwy. NW -Suite 8-Boca Raton R.-33487 561.750.0445 AfflNI11ARQIITECI'S.OOM TREVI AT THE GARDENS BY KENNEDY HOMES CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 11,2012 Resolution 99, 2012 Subject/Agenda Item: Addendum I to Agreement for Use of Facilities between the City of Palm Beach Gardens and the Big Heart Brigade, Inc. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: Council Action: Fire Rescue $ N/A (Total) ~ ] Approved $ N/A ] Approved w/ Fire Chief Current FY Conditions ] Denied Advertised: N/A Funding Source: ] Continued to: Date: [ ] Operating Attachments: Paper: [x] Other • Resolution 99, 2012 -Exhibit "A": Addendum I to [ x] Not Required Agreement for Use of Facilities -Exhibit "B": Agreement for Use of Facilities Submitted by: Department Director ~~ Fire Chief Affected parties Budget Acct.#: Approved by: [ ] Notified N/A [ x ] Not required Meeting Date: November 11, 2012 Resolution 99, 2012 Page 2 of2 BACKGROUND: The Big Heart Brigade (BHB), a registered 501 (c)3 organization, was formed in 1992 in Martin County by Tom DeRita and Charlie DiToro. The original mission of the organization was to serve meals to the less fortunate. In 1997, with the approval of the City Manager and Council, the BHB expanded to Palm Beach Gardens and began providing meals to the community at Thanksgiving from Fire Station 1. In 1999, the event was relocated to Fire Station 3 due to growth of the event and the availability of vacant land located behind the station. Since its inception, the event has grown from producing approximately 300 meals to the proposed 100,000 meals for the 2011 event. The BHB is a volunteer organization with no paid staff, returning 100% of all proceeds raised going to the community through events sponsored by the BHB. On November 3, 2011, City Council approved an Agreement for Use of Facilities for a one (1) year term with the option of renewing or extending with the mutual consent of the parties. Staff desires to extend the term of the Agreement for two (2) years from the effective date of Addendum I. In consideration of the benefit to the City and the charitable purposes of the Big Heart Brigade, staff recommends approval of Addendum I to the Agreement for the Use of Facilities with the Big Heart Brigade. STAFF RECOMMENDATION: Staff recommends approval of Resolution 99, 2012 as presented. 1 RESOLUTION 99, 2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING ADDENDUM I TO THE 6 AGREEMENT WITH THE BIG HEART BRIGADE, INC. FOR USE OF 7 FACILITIES AND IN-KIND SUPPORT SERVICES IN 8 IMPLEMENTING THE THANKSGIVING FEAST EVENT; PROVIDING 9 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, the Thanksgiving Feast is a six-(6) day event that will draw 13 approximately 5,000 volunteers and have an impact to the City and Palm Beach County 14 by providing meals to the less fortunate; and 15 16 WHEREAS, the Thanksgiving Feast benefits local charities, residents, and other 17 non-profits by receiving donated meals; and 18 19 WHEREAS, in light of the significant impact to the City and contribution to local 20 charities receiving meals from the Thanksgiving Feast, and in consideration of services 21 provided by the BHB to the City, the City wishes to continue to donate in-kind services 22 to the BHB to assist in the production of the Thanksgiving Feast; and 23 24 WHEREAS, City staff has concluded that the City will be able to provide such in- 25 kind services prior to and during the Thanksgiving Feast without disrupting or otherwise 26 impairing the City's ability to serve its residents; and 27 ·28 WHEREAS, on November 3, 2011, the City Council approved the Agreement for 29 Use of Facilities with The Big Heart Brigade, Inc (BHB) for use of facilities and in-kind 30 support services in implementing the Thanksgiving Feast Event (a copy of which is 31 attached hereto as Exhibit "A") for one (1) year from the effective date of November 3, 32 2011, with an option to renew or extend by mutual written agreement of the parties; and 33 34 WHEREAS, the City wishes to extend the Agreement for Use of Facilities for a 35 period of two (2) years; and 36 37 WHEREAS, Addendum I to the Agreement for Use of Facilities has been 38 prepared and is attached hereto as Exhibit "B"; and 39 40 WHEREAS, the City Council deems approval of this Resolution to be in the best 41 interest of the health, safety, and welfare of the residents and citizens of the City of 42 Palm Beach Gardens and the public at large. 43 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 46 OF PALM BEACH GARDENS, FLORIDA that: Page 1 of 3 Resolution 99, 2012 1 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 2 3 SECTION 2. The City Council hereby approves Addendum I to the Use of 4 Facilities Agreement and the provision of in-kind services between the City of Palm 5 Beach Gardens and The Big Heart Brigade and authorizes the Mayor to execute said 6 Addendum I, which is attached hereto as Exhibit "B". 7 8 SECTION 3. This Resolution shall become effective immediately upon adoption. 9 10 11 (The remainder of this page intentionally left blank) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 99, 2012 PASSED AND ADOPTED this __ day of ________ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ·-----~-------------David Levy, Mayor ATTEST: BY: --------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: -------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\resolution 99 2012-addendum 1-facilities use agmt for bhb.docx Page 3 of 3 Resolution 99, 2012 EXHIBIT "A" PALM BEACH GARDENS ':4 unique placeio live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, Fl33410 ADDENDUM I TO AGREEMENT FOR USE OF FACILITIES THIS ADDENDUM I to the Agreement by and between the City of Palm Beach Gardens (City), a municipal corporation, whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and The Big Heart Brigade, Inc., a Florida not-for- profit corporation ("BHB"}, whose address is 5770 Whirlaway Road, Palm Beach Gardens, Florida 33418, is hereby entered into this day of ______ _ 2012. WHEREAS, on November 3, 2011, the City entered into an Agreement for Use of Facilities with the BHB for the use of the Fire Station for logistics, preparation, and distribution of Thanksgiving meals in connection with the BHB Thanksgiving Meal Drive (the "Agreement"),; and WHEREAS, the City and the BHB hereby desire to renew the term of the Agreement for an additional two-(2) years term commencing November 1, 2012, and ending October 31, 2014, on such terms and conditions as provided herein below. NOW, THEREFORE, the City and the BHB mutually agree as follows: 1. The Agreement by and between the City and the BHB is hereby renewed for the period November 1, 2012, through October 31, 2014. 2. To the extent not specifically amended herein, all other provisions of the Agreement dated November 3, 2011, shall remain in full force and effect. Page 11 of 2 First Addendum to Agreement For Use of Facilities IN WITNESS WHEREOF, the City and the BHB executed this Agreement as of the day and year first above written. CITY OF PALM BEACH GARDENS, FLORIDA By: ____ ~---=--:-:------:-::--------- David Levy, Mayor ATTEST: By: ____________ _ Patricia Snider, CMC, City Clerk WITNESSES: By:Qkdrt/~ Print Name: JJ..e.JxJrd.)..._ R0...UJf: By: ex?~ Print Name: f~-~ G:\attorney_share\AGREEMENTS\addendum 1-big heart brigade-use offacilities.doc Page 12 of 2 ------------------------------- Resolution 99, 2012 EXHIBIT "8" I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 73, 2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH THE BIG HEART BRIGADE, INC. FOR USE OF FACILITIES AND IN- KIND SUPPORT SERVICES IN IMPLEMENTING THE THANKSGIVING FEAST EVENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Big Heart Brigade, Inc (BHB) has relocated the annual Thanksgiving Feast to the City of Palm Beach Gardens Fire Station Three; and WHEREAS, the Thanksgiving Feast is a six-(6) day event that will draw approximately 5,000 volunteers and have an impact to the City and Palm Beach County by providing meals to the less fortunate; and WHEREAS, the Thanksgiving Feast benefits local charities, residents, and other non-profits by receiving donated meals; and WHEREAS, in light of the significant impact to the City and contribution to local charities receiving meals from the Thanksgiving Feast, and in consideration of services provided by the BHB to the City, the City wishes to donate in-kind services to the BHB to assist in the production of the Thanksgiving Feast; and WHEREAS, City staff has concluded that the City will be able to provide such in- kind services prior to and during the Thanksgiving Feast without disrupting or otherwise impairing the City's ability to serve its residents; and WHEREAS, the City Council deems approval of this Resolution to be in the best interest of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Agreement for Use of Facilities and the provision of in-kind services as described in Exhibit "A", which is attached hereto. SECTION 3. This Resolution shall become effective immediately upon adoption. Page 1 of 2 I __ Resolution 73, 2011 1 2 3 PASSED AND ADOPTED this ~day of wove,..,6p£, '2011. 4 5 6 7 .... -. . ~ :-~:- -:~·g.~-~·~.-::::;.=~: .. :.;/·'/ --; _ to~·~· 'Am~-:; -:.; -ti; ' . / ·~ .. . . ~ . -:i~~c. cnyclerk 15' ·:, . 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 ~~~~~ 23 24 25 26 VOTE: 27 28 MAYOR LEVY 29 30 VICE MAYOR PREMUROSO 31 32 COUNCILMEMBER JABLIN 33 34 COUNCILMEMBER RUSSO 35 36 COUNCILMEMBER TINSLEY 37 38 39 40 41 42 43 44 45 CITY OF PALM BEACH GARDENS, FLORIDA BY:---+-h~~~'a+--~____,c._--~ Dav~ AYE NAY ABSENT 46 47 G:\attorney_share\RESOLUTIONS\2011\Resolution 73 2011 -facilities use agmt for BHB.docx Page 2 of2 Resolution 73, 2011 EXHIBIT "A" AGREEMENT FOR USE OF FACILITIES THIS AGREEMENT is made and entered into this ~ day of November, 2011, by and between the City of Palm Beach Gardens, Florida, a Florida municipal corporation ("City"), with offices located at 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and The Big Heart Brigade, Inc., a Florida not-for-profit corporation ("BHB"), having offices located at 5770 Whirlaway Road, Palm Beach Gardens, Florida 33418. WITNESSETH: WHEREAS, the City owns and operates a Fire Station located at 5161 Northlake Boulevard, Palm Beach Gardens, Florida ("Facility"); and WHEREAS, the City agrees to allow the BHB to utilize the Facility for logistics, preparation, and distribution of Thanksgiving meals in connection with the BHB Thanksgiving Meal Drive ("Thanksgiving Feast") in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the City and the BHB hereby agree as follows: 1. Introduction and Scope. The City and BHB both hereby agree to enter into this Agreement for the purpose permitting the non-exclusive use of the Facility by the BHB for the year-round storage of equipment and materials owned by the BHB and the non-exclusive use of the Facility for logistics, preparation, and distribution of meals in connection with the BHB's annual Thanksgiving Feast. 2. Use of Facility. The BHB's use of the Facility shall be subject to the following conditions: A. The BHB shall comply with all applicable federal, state, county, and City statutes, ordinances, rules, orders, regulations, and requirements applicable to its use of the Facility. The BHB shall not engage in the sale of any goods or materials, with the exception of on-site t-shirt sales so long as such sales do not interfere with the City's customary use and operation of the Facility. B. The BHB shall provide its own furnishings and equipment for preparation of the Thanksgiving Feast and shall provide for daily maintenance and interior custodial cleaning of the Facility from October 15th through December 151 of each year of this Page 1 of6 Agreement. The BHB shall pay, at its own expense, all charges incurred in connection with its use of the Facility for the Thanksgiving Feast, including, but not limited to, garbage pick-up and pest control service. C. The BHB shall not discriminate against any person on the basis of race, color, religion, gender, or national origin in its use of the Facility. D. The BHB shall not make any structural changes or improvements to the Facility without prior written consent of the City Manager or designee. Any structural changes or improvements approved by the City Manager or designee shall remain part of the Facility upon termination of this Agreement. E. The BHB's use of the Facility shall in no way interfere with the use of the Facility by members of City fire-rescue personnel, City staff, or the general public. Nor shall BHB's use of the Facility interfere, in any manner whatsoever, with the City's use of the Facility for daily fire-rescue operations, the City's on-site employee health clinic, or any other customary use. The City hereby retains the right to enter the Facility at any time for the purpose of building maintenance and/or inspection. F. Upon execution of this Agreement, the BHB shall provide a copy of its current articles of incorporation, by-laws, and certificate of non-profit status to the City's Community Services Administrator. The BHB agrees to provide the Community Services Administrator with any amendments to the subject documents within fourteen (14) days of such amendments becoming effective. 3. Term of Agreement and Termination. This Agreement shall be for a term of one (1) year from the Effective Date and may be renewed or extended by mutual written agreement of the parties. Either party may terminate this Agreement, for any or no reason, by giving thirty (30) days' written notice to the other party in accordance with paragraph 8 hereinbelow. Upon termination by either party, the BHB shall immediately remove all of its equipment and materials from the Facility and shall surrender the Facility to the City in the same or better condition as it was on the Effective Date of this Agreement. 4. Payment to the City. In consideration for the use of the Facility, the BHB shall, throughout the term of this Agreement and any renewals or extensions thereto, provide the after-tournament meal, in sufficient quantity to feed all of the participants and volunteers for the City of Palm Beach Gardens' Mayor's Annual Veterans Day Golf Tournament, at no cost to the City. Additionally, the BHB shall provide all of its cooking equipment and grills for the City's exclusive use for the duration of any declared state of emergency and/or natural or man-made disaster immediately upon the City's request for the use of same. Page 2 of6 5. Indemnification. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the BHB's use of the Facility or its performance under the terms of this Agreement, the BHB hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever, including the payment of reasonable attorney's fees. Nothing contained herein shall constitute a waiver of sovereign immunity by the City or an agreement by the City to indemnify the BHB in any manner whatsoever. 6. Prohibition Against Liens or Other Encumbrances. The BHB shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against any real property or personal property owned or possessed by the City. 7. Insurance. During the term of this Agreement, and any renewals or extensions thereto, the BHB shall maintain Commercial General Liability and Property Damage policies of insurance in amounts of not less than One Million Dollars ($1 ,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) general aggregate with respect to its use of the Facility. The City shall be named as an "additional insured" on all policies relating to this Agreement and shall be provided with a standard form of certificate of insurance within ten (10) days of the Effective Date of this Agreement. Such certificate shall provide that the City shall be notified at least thirty (30) days prior to any cancellation or change in coverage. 8. Miscellaneous Provisions. A. Notice. All notices or other communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered, or mailed by certificated mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens Attn: City Manager 10500 North Military Trail Palm Beach Gardens, Florida 33410 Page 3 of6 With a copy to: City of Palm Beach Gardens Attn: City Attorney 1 0500 North Military Trail Palm Beach Gardens, Florida 33341 0 As to the BHB: The Big Heart Brigade, Inc. Attn: Bill Tumulty, Vice President 5770 Whirlaway Road Palm Beach Gardens, FL 33418 B. Attorney's Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs, and all expenses, even if not taxable as court costs (including, without limitation, all such fees, costs, and expenses incidental to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefrt of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. D. Assignment. This Agreement may not be assigned without the prior written consent of both parties to this Agreement. E. Severability. If any term, covenant, condition, or provision of this Agreement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Page4 of6 ------------------------------------- F. 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 laws of the State of Florida without regard to any contrary conflict of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue and its right to trial by jury. G. Headings. The headings contained in this Agreement are for convenience and reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. H. Effective Date. The effective date of this Agreement shall be as of the date first above written. I. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. J. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. (The remainder of this page intentionally left blank) Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates first above written. CITY OF PALM BEACH GARDENS, FLORIDA WITNESS: G:\attomey_share\AGREEMENTS\AGREEMENT FOR USE OF FACILITIES-BHB.docx Page 6 of6 PALM BEACH GARDENS ':4 unique place to live, learn, work&: play" CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410-4698 PURCHASING AWARD TRANSMITIAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Oerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Piggyback/Access Contract TITLE: Concession Stand/Restroom Facility (Lilac Park) DATE ADVERTISED: Not applicable WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: Rec0140 301.2000.572.6900 CONTRACT TERM: Upon Completion CONTRACT NO.: A2012-007CS DEPARTMENT: Community Services BIDS/PROPOSALS DUE DATE: Not applicable RESPONSES RECEIVED: Not applicable CONTRACT VALUE: One Hundred Thirty-Six Thousand Seven Hundred Forty-One Dollars and Eighty-Nine Cents ($136,741.89} OPTIONS TO RENEW: None BACKGROUND: This is a piggyback of a competitively solicited and awarded Palm Beach County School District contract for the purchase and installation of a modular facility to be used at Lilac Park as a concession stand/restroom facility. The drawings and specifications were reviewed and approved by the City Engineer and the pricing was extracted from the contract as per the terms and conditions. The contractor, Royal Concrete Concepts, is an established company with several years experience manufacturing and installing these modular construction systems for public and private customers. COMMENTS: The City is installing a concession stand/restroom facility at the Lilac Park Soccer Field located at 4175 Lilac Street, Palm Beach Gardens. The facility will be utilized by residents and participants who utilize the Park facilities for various recreational programs. Jack R. Max lohman Finance Allan Owens Purchasi Km!Ra 0 DEFERRED DATE PALM BEACH -GARDENS "A rmique p/tlce lo livt, leam, work & ploy" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT TO ACCESS ANOTHER CONTRACT FOR CONSTRUCTION OF A CONCESSION STAND/RESTROOM FACILITY AT LILAC PARK SOCCER FIELD AGREEMENT NO.: A2012-007CS THIS CONTRACT AGREEMENT is made and entered into this __ day of ______ , 2012 by and between the City of Palm Beach Gardens , a Florida municipal corporation (hereafter referred to as "City"), whose address is 10500 North Military Trail , Palm Beach Gardens, Florida 33410 , and Royal Concrete Concepts, LLC , a Florida Limited Liability company (hereafter referred to as "Contractor"), whose address is 1410 Park Lane South , Suite 2, Jupiter, Florida 33458 . WHEREAS, Section 2-294, Code of Ordinances permits the City to "piggyback" an agreement awarded to another governmental agency pursuant to a competit ive sealed bid ; and WHEREAS, The School District of Palm Beach County , Florida awarded a competitively solicited contract under a Request for Proposals for Modular Classroom and Non-Instructional Buildings Purchase and Placement; and WHEREAS , the Contract's effective date is May 17 , 2012, and expires on May 16 ,2015;and WHEREAS, the Contract terms and conditions allow the City to access the Contract to purchase the goods or serv ices awarded at the prices agreed therein ; and WHEREAS , the City desires to access this Contract and purchase the goods or services described therein, under the exist ing terms and conditions. NOW , THEREFORE, in consideration of the mutual covenants and promises hereafter set forth , the Contractor and the City agree as follows : Page 11 of 6 ARTICLE 1. SCOPE OF SERVICES City of Palm Beach Gardens Agreement No.: A2012-007CS The Contractor shall construct, fabricate, deliver, and install one (1) modular concession stand/restroom facility, in accordance with the specifications, which are attached hereto and incorporated herein as Exhibit "A" -Drawings and Specifications, at the Lilac Park Soccer Field located at 4175 Lilac Street (off Military Trail) in Palm Beach Gardens. ARTICLE 2 . PAYMENT The City will pay the Contractor One Hundred Thirty-Six Thousand Seven Hundred Forty-One Dollars and Eighty-Nine Cents ($136,741.89), based on the description, pricing, and payment frequency described in the Pricing Schedule, Exhibit "B" -Line Item Pricing, and upon receipt and acceptance of the goods or services by a duly authorized representative of the City. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. ARTICLE 3. TERM AND LIQUIDATED DAMAGES Time is of the essence for the completion of the work described in this Agreement. It is anticipated by the parties that all work described herein will be completed, to include the issuance of a certificate of occupancy/completion, within one hundred thirty-five (135) days of the issuance of the Notice to Proceed and that any delay in the completion of the work described herein shall constitute a material breach of this Agreement. The parties further recognize that the City will suffer financial loss if the work is not completed in accordance with the construction schedule set forth in the Notice to Proceed, plus any extensions thereof agreed to by both parties. The parties also recognize the time, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual losses or damages suffered by the City if the work is not completed on time. Accordingly, instead of requiring any such proof, the parties agree that the Contractor shall pay liquidated damages for delay (but not as a penalty) as follows: The Contractor shall pay the City Two Hundred Fifty Dollars ($250.00) for each calendar day that expires, beginning with the 136th day following the City's issuance of the Notice to Proceed, notwithstanding any proper extension of time granted by the City. The term of this Agreement shall be for one (1) year from the date duly executed by both parties. Page 12 of6 ARTICLE 4. TERMINATION City of Palm Beach Gardens Agreement No .: A2012-007CS This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination , the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 5. INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents that is in anyway related to, connected with or arising out of the Contractor's performance under this Agreement, the Contractor hereby agrees to indemnify , save, and hold harmless the City, its officers , employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever. This Article 5. shall survive and thereby continue in full force and effect in perpetuity beyond the term of this Agreement. ARTICLE 6. INSURANCE The Contractor shall comply with the insurance requirements established in the Contract. The Contractor shall provide a copy of its insurance certificate , listing the City as an additional insured, to the City's Risk Management Coordinator for review and approval prior to commencement of any performance under this Agreement. ARTICLE 7. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required , contemplated , or permitted under this Ag reement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested , to the following addresses: As to the City: With a copy to: Page 13 of 6 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn : City Manager Facsimile: (561) 799-4111 City of Palm Beach Gardens 1 0500 North Military Trail Palm Beach Gardens, Florida 33410 Attn : City Attorney Email: bchabre@pbgfl.com City of Palm Beach Gardens Agreement No.: A2012-007CS As to the Contractor: Royal Concrete Concepts, LLC 1410 Park Lane South, Suite 2, Jupiter, Florida 33458 Attn: Paul Davisson Email: PDavisson@RoyaiConcreteConcepts.com b. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. c. 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 lega l representatives, successors, and permitted assigns. d. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. e. 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. f. 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 laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. g. 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. h. Effective Date. The effective date of this Agreement shall be as of the date hereinabove first written. i. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. Page 14 of6 City of Palm Beach Gardens Agreement No.: A2012-007CS j. Attorney's Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. k. Equal Opportunity. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age, be discriminated against in the performance of this Agreement. (This remainder of this page intentionally left blank) Page 15 of6 City of Palm Beach Gardens Agreement No.: A2012-007CS IN WITNESS WHEREOF , the parties have executed this Agreement on the date hereinabove first written . CITY OF PALM BEACH GARDENS, FLORIDA [SEAL] By: ____ --=-----:-:-:-----:-:-------- David Levy, Mayor ATTEST: By:. ______________________ ___ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM LEGAL SUFFICIENCY By: __ ____:~~~I-----===-~._L..----­ n J. Locke hief Operating Officer G:\attorney_share\AGREEMENTS\Royal Concrete Concepts -A2012-007CS Access Agreement.docx Page 16 of6 EXHIBIT "A" DRAWINGS AND SPECIFICATIONS City of Palm Beach Gardens Agreement No.: A2012-007CS 10'-0" -t~ ~ MEN 0 jr... _I tD / EJ 9'-4" 0 I (]) ST ORAGE - !ED I ~ ( F ~ I (o rr/ WOMEN 22'-1" 1" D t-=- ( ::.r I "r0 "' 8 12'-o" li 0 lli 0 ll I l IGGGI 11'-4" CONCESSION j_ lJ 0 I ";q- ::.r I Lo 0 I ";q- ::.r I Lo ----··-------------------------., EXHIBIT "8" PRICING SCHEDULE City of Palm Beach Gardens Agreement No.: A2012-007CS Item Item Description Unit/ Quantity Price per Unit Total Sale Number Measurement Price COST OF SERVICES FOR MODULARS • UNIT PRICING DESIGN DEVELOPMENT, DESIGN & PERMITTING 1 PRELIMINARY SITE PLAN PROJECT 0 Cost+ 2% $ - 2 PRELIMINARY ARCHITECTURAL LAYOUT PROJECT 0 Cost+ 2% $ - 3 PRELIMINARY MEP DESIGN PROJECT 0 Cost+ 2% $ - 4 GEO-TECHNICAL SITE EXPLORATION PROJECT 0 Cost+ 2% $ - 5 SITE/CIVIL INVESTIGATION PROJECT 0 Cost+ 2% $ - 6 100% ARCHITECTURAL DESIGN PROJECT 1500 Cost+ 2% $ 1,500 .00 7 100% MEP DESIGN PROJECT 2250 Cost+ 2% $ 2,250 .00 8 100% STRUCTURAL DESIGN PROJECT 1250 Cost+ 2% $ 1,250.00 9 100% CIVIL DESIGN PROJECT 0 Cost+ 2% $ - 10 DCA REVIEW & APPROVAL PROJECT 750 Cost+ 2% $ 750.00 11 PREPARATION OF PERMIT SUBMITTALS PROJECT 0 Cost+ 2% $ - 12 PERMIT FEES PROJECT 0 Cost+ 2% $ - .~:m~· ~·BUILDINGS &~1!1 .k: w 13 24 X 36 CLASSROOM BLDG. 0 $ 98,858.00 $ - 14 24 X 40 CLASSROOM BLDG. 0 $ 102 ,936.00 $ - 15 24 X 36 RESTROOM BUILDING BLDG. 0 $ 169,543.00 $ - 16 24 X 40 RESTROOM BUILDING BLDG. 0 $ 174,273.00 $ - 17 24 X 36 PITCH OR FLAT CONCRETE MODULAR STRUCTURE BLDG. 0 $ 85,224.73 $ - 18 24 X40 PITCH OR FLAT CONCRETE MODULAR STRUCTURE BLDG. 0 $ 94,465.17 $ - 19 24 X42 PITCH OR FLAT CONCRETE MODULAR STRUCTURE BLDG. 0 $ 99,602.33 $ - 20 27 X 36 PITCH OR FLAT CONCRETE MODULAR STRUCTURE BLDG. 0 $ 95,483.91 $ - 21 27 X40 PITCH OR FLAT CONCRETE MODULAR STRUCTURE BLDG. 0 $ 106 ,365.85 $ - 22 27 X 42 PITCH OR FLAT CONCRETE MODULAR STRUCTURE BLDG. 0 $ 111 ,712.50 $ - 23 24 X 36 FLAT RIGHT/LEFT END CONCRETE MODULAR STRUCTURE BLDG. 0 $ 85,525 .53 $ - 24 24 X 40 FLAT RIGHT/LEFT END CONCRETE MODULAR STRUCTURE BLDG. 0 $ 94,626.19 $ - 25 24 X 42 FLAT RIGHT/LEFT END CONCRETE MODULAR STRUCTURE BLDG. 0 $ 99,442.17 $ - 26 12 X 36 SLEEVE CONCRETE MODULAR STRUCTURE BLDG. 0 $ 42,627.84 $ - 27 12 X 40 SLEEVE CONCRETE MODULAR STRUCTURE BLDG. 0 $ 47,188.04 $ - 28 12 X 42 SLEEVE CONCRETE MODULAR STRUCTURE BLDG. 0 $ 49 ,824.72 $ - 29 CUSTOM SIZED CONCRETE MODULAR STRUCTURE (BUILDING SIZE) BLDG.SQFT 528 $ 95.68 $ 50,519.04 30 CONCRETE MODULAR STAIR STRUCTURE STRAIGHT BLDG. 0 $ 77,337.50 $ - 31 CONCRETE MODULAR STAIR STRUCTURE LEFT OR RIGHT SWITCHBACK BLDG. 0 $ 77,023.61 $ - 32 CONCRETE MODULAR STAIR STRUCTURE LEFT OR RIGHT 90 BLDG. 0 $ 81,914.29 $ - 33 CONCRETE MODULAR ELEVATOR SHAFT WITH PIT BLDG. 0 $ 62,065.28 $ - 34 8 X 24 CONCRETE CORRIDOR SECTION SECTION 0 $ 19,170.24 $ - 35 10 X 24 CONCRETE CORRIDOR SECTION SECTION 0 $ 21,007.23 $ - 36 12 X 24 CONCRETE CORRIDOR SECTION SECTION 0 $ 22,103.70 $ - 37 14 X 24 CONCRETE CORRIDOR SECTION SECTION 0 $ 24,415.19 $ - 38 CUSTOM SIZED CONCRETE CORR IDOR SECTION BLDG. SQFT 0 $ 71.43 $ - 39 CONCRETE MODULAR EQUIPMENT/ELECTRICAL ROOM BLDG.SQFT 0 $ 98.68 $ - 40 CORR IDOR FLOOR POUR FOR ENCLOSED CORRIDOR APPLICATION SQ. FT. 0 $ 9.48 $ - 41 CORRIDOR FLOOR CAP POUR SQ. FT. 0 $ 6.25 $ - 42 PRECAST FLOOR SECTIONS FOR TWO STORY CORRIDORS SQ. FT. 0 $ 9.72 $ - 43 PRECAST ROOF SECTIONS FOR TWO STORY CORRIDORS SQ. FT. 0 $ 10.42 $ - 44 PRECAST WALL SYSTEM SQ. FT. 0 $ 11.88 $ - 45 ARCHITECTURAL PRECAST PANELS SQ. FT. 0 $ 24.72 $ - INTERIOR OPTIONS 46 SINGLE HANDICAPPED BATHROOM FOR ANY SINGLE MODULAR STRUCTURE UNIT 2 $ 5,423.00 $ 10,846.00 47 56 SF STORAGE CLOSET FOR ANY CLASSROOM WITH SHELVING UNIT 0 $ 4,214.29 $ - 48 2100LB ELEVATOR UNIT 0 $ 68,829.17 $ - 49 3500LB ELEVATOR UNIT 0 $ 73,506.94 $ - 50 3-0 X 7-0 EXTERIOR METAL DOOR UNIT 3 $ 2,244.44 $ 6,733.32 51 3-0 X 7-0 INTER IOR METAL DOOR UNIT 1 $ 1,823.61 $ 1,823.61 52 3-0 X 6-8 INTERIOR METAL DOOR UNIT 0 $ 1,823.61 $ - 53 3-0 X 7-0 INTERIOR WOOD DOOR UNIT 0 $ 1,773.61 $ - 54 3-0 X 6-8 INTERIOR WOOD DOOR UNIT 0 $ 1,768.06 $ - 55 SPECIALTY DOOR UNIT/DESIGN 0 Cost+ 15% $ - 56 8' ROLL UP DOOR UNIT 0 $ 3,232.39 $ - 57 1 0' ROLL UP DOOR UNIT 0 $ 3,528.17 $ - 58 INDOOR ROOM ACCORDION PARTITION UNIT 0 $ 26 ,208.33 $ - 59 DOOR HARDWARE UNIT 0 $ 1,590.28 $ - 60 ADD RATING TO ANY DOOR UNIT 0 $ 9.72 $ - 61 FIRE RATED DOUBLE DOORS UNIT 0 $ 3,247.00 $ - 62 SINGLE HUNG WINDOW -IMPACT UNIT 2 $ 1,763.89 $ 3,527.78 63 CASEMENT WINDOW-IMPACT UNIT 0 $ 2,598.61 $ - 64 SPECIALTY WINDOWS UNIT 0 Cost+ 15% $ - 65 INTERIOR FRAMING MATERIAL & LABOR SQ. FT. 185 $ 2.36 $ 436.60 66 DRYWALL HANG & FINISH SQ. FT. 548 $ 2.43 $ 1,331.64 67 STAIR OR RAMP RAILING LF 0 $ 155.56 $ - 68 BUILT IN TEACHER WORKSTATION PER DISTRICT STANDARD UNIT 0 $ 3,452.78 $ - 69 BUILT IN TEACHER CABINET 36"W X 30"D X 72"H PER DISTRICT STANDARD UNIT 0 $ 1,222.22 $ - 70 BUILT IN BOOKCASES 36"W X 15"D X 36"H PER DISTRICT STANDARD UNIT 0 $ 504.17 $ - 71 BUILT IN LAB DEMONSTRATION AREA PER DISTRICT STANDARD **Per Crestwood UNIT 0 $ 6,097.22 $ - 72 BUILT IN COMPUTER DESK 14"W X 30"D PER DISTRICT STANDARD UNIT 0 $ 1,604.17 $ - 73 BUILT IN MEDIA CABINET 24"W X 24"D X 60"H PER DISTRICT STANDARD UNIT 0 $ 763.89 $ - 74 BUlL T IN UPPERS & LOWERS WITH SINK & BUBBLER 8LF LONG SECTION UNIT 0 $ 6,647.22 $ - 75 BUILT IN CUBBIES 30"H PER DISTRICT STANDARD UNIT 0 $ 458.33 $ - 76 DISTRICT STANDARD LAB CASEWORK UNIT 0 $ 43,055.56 $ - 77 CUSTOM CASEWORK LF 0 $ 390.28 $ - 78 LOCKERS UNIT 0 $ 506.94 $ - 79 SINGLE WATER FOUNTAIN UNIT 0 $ 3,009 .72 $ - 80 HI/LO WATER FOUNTAIN UNIT 1 $ 3,995.83 $ 3,995.83 81 UPGRADE TO FLUSH VALVE WATER CLOSET UNIT 0 $ 694.44 $ - 82 UPGRADE TO WALL MOUNTED WATER CLOSETS UNIT 0 $ 987.50 $ - 83 MOP SINK UNIT 0 $ 1,944.44 $ - 84 ACCOUSTICAL CEILING SQ. FT. 0 $ 3.13 $ - 85 VCT FLOORING SQ. FT. 0 $ 4.17 $ - 86 STR IP & WAX VCT FLOORING SQ. FT. 0 $ 0.69 $ - 87 CARPE T SQ. FT. 0 $ 5.50 $ - 88 BATHROOM FLOOR TILE SQ. FT. 126 $ 11.11 $ 1,399.86 89 BATHROOM WALL TILE SQ. FT. 346 $ 10.90 $ 3,771.40 90 OCCUPANCY SENSOR UNIT 0 $ 388.89 $ - 91 DATA OUTLET UNIT 0 $ 215.28 $ - 92 ELECTRICAL OUTLET UNIT 0 $ 59.71 $ - 93 HEAT DETECTOR UNIT 0 $ 132.13 $ - 94 GPSCLOCK UNIT 0 $ 336.00 $ - 95 SIGNAGE UNIT 0 $ 69.44 $ - 96 ALUMINUM RAILING-MILL FINISH LF 0 $ 116.67 $ - 97 DISTRICT STANDARD PROJECTION PACKAGE UNIT 0 $ 2,875.00 $ - SYSTEMS 98 BARD MANUFACTURING WALL HUNG AIC UNIT & ASSOCIATED DUCTWORK UNIT 0 $ 682.11 $ - 99 BARD MANUFACTURING Q-TEC AIC UNIT 7 ASSOCIATED DUCTWORK UNIT 0 $ 14,210.53 $ - 100 NEW CHILLER SYSTEM UNIT/DESIGN 0 Cost+ 15% $ - 101 UPGRADE OF EXISTING CHILLER SYSTEM FOR USE WITH NEW BUILDING UNIT/DESIGN 0 Cost+ 15% $ - 102 SPLIT HVAC SYSTEM UNIT/DESIGN 0 Cost+ 15% $ - 103 HEAT PUMP UNIT 0 $ 1,041.67 $ - 104 RE-FURBISH EXISTING BARD UNIT UNIT 0 $ 3,0 55.56 $ - 105 ENCLOSE AND A/C CORR IDORS 24' SECTION UNIT 0 $ 4,166.67 $ - 106 ENCLOSE AND A/C STAIRWELLS UNIT 0 $ 4,605 .26 $ - 107 LAB GAS SYSTEM UNIT/DESIGN 0 Cost+ 15% $ - 108 AUTOMATIC LOGIC CONTRO LS UNIT 0 $ 1,815.79 $ - 109 FIRE SPRINKLER SYSTEM BLDG/COMP 0 $ 4,210.53 $ - 110 LIGHTNING PROTECTION SYSTEM BLDG/COMP 0 $ 659.72 $ - 111 SOUND FIELD SYSTEM BLDG/COMP 0 $ 2,777.78 $ - 112 FA SYSTEM & CERTIFICATION BLDG/COMP 0 $ 3,191.67 $ - 113 PASYSTEM BLDG/COMP 0 $ 1,336.11 $ - 114 LOW VOLTAGE DATA SYSTEM BLDG/COMP 0 $ 2,341.67 $ - 115 SECURITY SYSTEM BLDG/COMP 0 $ 1,388.89 $ - 116 RESTROOM . BLDG/COMP 0 $ 4,358 .97 $ - 117 PLUMBING TIE-IN FOR INTER BUILDING CONNECTIONS . GROUP BATHROOM . BLDG/COMP 0 $ 8,9 55.22 $ - 118 ELECTRIC TIE-IN FOR INTER BUILDING CONNECTIONS BLDG/COMP 0 $ 8,633.09 $ - 119 INSTALLATION OF TRANSFORMERS 7 ELECTRICAL GEAR FOR MODULAR EXPANSION UNIT/DESIGN 0 Cost+ 15% $ -- EXTERIOR OPTIONS 120 ROOFING SQ. FT. 528 $ 14.72 $ 7,772.16 121 GUTTERS & LEADERHEADS LF 22 $ 27 .78 $ 611.16 122 BUILDING ACCENTS SQ. FT . 877 .5 $ 8.54 $ 7,493 .85 123 STUCCO BLDG/COMP 1196 $ 7.85 $ 9,388 .60 STRUCTURAL MODIFICATIONS 124 1" HOLE HOLE 0 $ 35.80 $ - 125 11/4" HOLE HOLE 0 $ 35.80 $ - 126 1 1/2" HOLE HOLE 0 $ 35.80 $ - 127 2" HOLE HOLE 0 $ 35.80 $ - 128 3" HOLE HOLE 0 $ 35.80 $ - 129 4" HOLE HOLE 0 $ 35.80 $ - 130 5" HOLE HOLE 0 $ 35.80 $ - 131 6" HOLE HOLE 0 $ 35.80 $ - 132 SAW CUT CONCRETE FOR RETROFIT SYSTEMS HOUR 0 $ 90.28 $ - 133 STRUCTURAL MODIFICATIONS TO EXISTING UNIT HOUR 0 $ 90.28 $ - 134 STRUCTURAL MODIFICATION TO STANDARD MODULAR BUILDING FOOTING SQ. FT. 0 $ 18.06 $ -. ADDITIONAL SERVICES 135 LOCATES SITE 0 $ 1,111.11 $ - 136 CLEAR & GRUB MODULAR BUILDING SITE CUBIC YARD 0 $ 38.89 $ - 137 FILL AND COMPACT TO GRADE CUBIC YARD 0 $ 20.83 $ - 138 INSTALL TEMPORARY CONSTRUCTION FENCE LF 0 $ 9.86 $ - 139 REMOVE & REPLACE EXISTING FENCE FOR DELIVERY OF MODULAR STRUCTURES LF 0 $ 22 .22 $ - 140 TRENCHING LF 0 $ 4.75 $ - 141 CONCRETE SLAB SQ. FT . 0 $ 6.25 $ - 142 SIDEWALKS SF 0 $ 7.32 $ - 143 DISCONNECT PLUMBING FROM EXISTING UNIT UNIT 0 $ 548.61 $ - 144 DISCONNECT ELECTRIC FROM EXISTING UNIT UNIT 0 $ 777.78 $ - 145 SITE DEMOLITION OF EXISTING FOUNDATIONS/FOOTINGS LF 0 $ 7.64 $ - 146 SOD INSTALLATION SQ. FT. 0 $ 0.40 $ - 147 PAINTING SQ. FT. 0 $ 0.90 $ - 148 GENERAL LABOR HOUR 0 $ 40 .00 $ - 149 MACHINE & OPERATOR LABOR HOUR 0 $ 75.00 $ - 150 CON TRACTOR TO PROVIDE PORT-A-POT MONTH 0 $ 134.72 $ - 151 CONTRACTOR TO PROVIDE DUMPSTERS FOR TRASH DISPOSAL PULL 0 $ 416.67 $ --BUILDING DELIVERY NEW MODULAR BUILDING AND COMPONENT DELIVERY 152 1 BUILDING/COMPONENT PER SITE BLDG./COMP. 0 $ 9,840 .00 $ - 153 2 BUILDINGS/COMPONENTS PER SITE BLDG./COMP. 2 $ 6,770.00 $ 13,540 .00 154 3 BUILDINGS/COMPONENTS PER SITE BLDG./COMP . 0 $ 5,747.00 $ - 155 4 BUILDINGS/COMPONENTS PER SITE BLDG./COMP . 0 $ 5,885 .00 $ - 156 5 BUILDINGS/COMPONENTS PER SITE BLDG./COMP . 0 $ 5,448 .00 $ - 157 6 BUILDINGS/COMPONENTS PER SITE BLDG./COMP . 0 $ 5,157.00 $ - 158 7 BUILDINGS/COMPONENTS PER SITE BLDG./COMP. 0 $ 5,320.00 $ - 159 8 BUILDINGS/COMPONENTS PER SITE BLDG./COMP . 0 $ 5,118.00 $ - 160 9 BUILDINGS/COMPONENTS PER SITE BLDG./COMP . 0 $ 4,960 .00 $ - 161 10 OR MORE BUILDINGS/COMPONENTS PER SITE BLDG./COMP . 0 $ 4,835.00 $ - EXISTING MODULAR BUILDING RELOCATION 162 1 BUILDING/COMPONENT PER NEW SITE BLDG./COMP . 0 $ 7,862.00 $ - 163 2 BUILDINGS/COMPONENTS PER NEW SITE BLDG./COMP . 0 $ 6,032 .00 $ - 164 3 BUILDINGS/COMPONENTS PER NEW SITE BLDG./COMP . 0 $ 4,769.00 $ - 165 4 BUILDINGS/COMPONENTS PER NEW SITE BLDG./COMP . 0 $ 4,134.00 $ - 166 5 BUILDINGS/COMPONENTS PER NEW SITE BLDG./COMP . 0 $ 3,989.00 $ - 167 6 BUILDINGS/COMPONENTS PER NEW SITE BLDG./COMP . 0 $ 3,722.00 $ - 168 7 BUILDINGS/COMPONENTS PER NEW SITE BLDG./COMP . 0 $ 3,531.00 $ - 169 8 BUILDINGS/COMPONENTS PER NEW SITE BLDG./COMP. 0 $ 3,517.00 $ - 170 9 BUILDINGS/COMPONENTS PER NEW SITE BLDG./COMP . 0 $ 3,394.00 $ - 171 10 OR MORE BUILDINGS/COMPONENTS PER NEW SITE BLDG./COMP. 0 $ 3,303.00 $ - COST OF SERVICES FOR INSTALLATION GENERAL - 1 Site research and plan preparation N/A 0 a Locator Service N/A 0 2 Site clearing N/A 0 $ 38.89 $ - 3 Soil Bearing Test N/A 0 $ 280.00 $ - 4 Fill and Compact to Grade N/A 0 $ 20.83 $ - 5 Building Foundation Type 1 N/A 1 $ 7,801.04 $ 7,801.04 6 Building Foundation Type 2 N/A 0 $ 7,801.04 $ - 7 Building Foundation Type 3 N/A 0 $ 7,801.04 $ - 8 Building Foundation Type 4 N/A 0 $ 7,801.04 $ - 9 Remove Tie-Downs N/A 0 $ 138.89 $ - 10 Disconnect Then Demolish Ramps and Remove From Site -, - a Wood Ramps N/A 0 $ 166.67 $ - b Concrete Ramps N/A 0 $ 166.67 $ - 11 Disconnect Then Demolish Stairs and Remove From Site ii a Wood Stairs N/A 0 $ 122.22 $ - b Concrete Stairs N/A 0 $ 122.22 $ - 12 Disconnect Then Demolish Skirts and Remove From Site N/A 0 $ 333.33 $ - 13 Install Anchor Plates Labor Only (Plates Provided by District) N/A 0 $ 333.33 $ - a Install Anchors N/A 0 $ 50.00 $ - b Remove Anchors N/A 0 $ 25.00 $ - 15 Contractor to provide port-a-pot N/A 0 $ 133.61 $ - 16 Contractor to provide dumpsters for trash disposal N/A 0 $ 416.67 $ - FENCING Fencing to include all post, rails, GATES and hardware needed to install Fences lr 17 Provide 50' Fence Opening for Access to Site N/A 0 $ 486.98 $ - 18 Fence Removal From Site N/A 0 $ 5.73 $ - 19 Fence Closures: Close 50' Fence Opening ' a Temporary closure N/A 0 $ 24.55 $ - b Permanent Closure N/A 0 $ 33.06 $ - 20 Provide New 6' High Chain link Fencing .,. ... , I a Galvanized N/A 0 $ 19.44 $ - ------------ b Vinyl N/A 0 $ 29.17 $ - 21 Provide New 1 0' High Chain link Fencing At Tennis Courts a Galvanized N/A 0 $ 29.65 $ - b Vinyl N/A 0 $ 36.94 $ - 22 Provide New 4' wide 6' High Fence Gate a Galvanized N/A 0 $ 486.11 $ - b Vinyl N/A 0 $ 515.28 $ - 23 Provide New 6' wide 6' High Chain Link Gate ~,[l n .. ~ " a Galvanized N/A 0 $ 559.03 $ - b Vinyl N/A 0 $ 593.06 $ - 24 Provide New 12' wide 6' High Chain Link Gate a Galvan ized N/A 0 $ 680.56 $ - b Vinyl N/A 0 $ 719.44 $ - 25 6' High Fence enclosure 8' Wide x 8' Deep with 3' x 6' Gate For Transformer Galvanized N/A 0 $ 2,315.83 $ - Vinyl N/A 0 $ 2,885 .56 $ - 26 Ground Preparation and Sod Replacement I' ,, a Bahia N/A 0 $ 0.40 $ - b St. Augustine N/A 0 $ 0.50 $ - 27 Remove and dispose of Electrical Equipment N/A 0 $ 0.29 $ - 28 Remove and dispose of Electrical Wire N/A 0 $ 0.10 $ - 29 Remove and dispose of Sanitary Sewer and Water Piping N/A 0 $ 31.60 $ - 30 Remove Transformer, Pad, Panels, System Boxes, Rack and Fencing N/A 0 $ 590.14 $ - 31 Remove and/or Relocate Playground Equipment N/A 0 $ 2,055.56 $ - PAVING 32 Install Asphaltic Concrete Sidewalks 6' Wide N/A 0 $ 37.08 $ - 33 Install Concrete Sidewalk 4" thick, 6' wide N/A 0 $ 43.96 $ - 34 Concrete slab Reinforced, 4" thick N/A 0 $ 9.86 $ - 35 Demolish Asphalt Sidewalks and Base and Remove From Site N/A 0 $ 16.67 $ - 36 Demo lish Concrete Sidewalk and Remove From Site N/A 0 $ 21.11 $ - 37 Repair Asphalt N/A 0 $ 15.83 $ - 38 Resurface Asphalt N/A 0 $ 12.68 $ - 39 Seal coat Asphalt N/A 0 $ 1.54 $ - 40 Parking Lot Striping N/A 0 $ 4.72 $ - 41 Parking Bumpers ' '" a Removal N/A 0 $ 13.89 $ - b Install Reused N/A 0 $ 17.36 $ - c Install New N/A 0 $ 52.08 $ - CARPENTRY 42 Paint T-111 Exterior Sheeting N/A 0 $ 1.02 $ - 43 Paint Primed Ferrous Metal N/A 0 $ 1.09 $ - 44 Paint Unprimed Ferrous Metal N/A 0 $ 1.27 $ - 45 Paint Galvanized Metal and Aluminum N/A 0 $ 1.27 $ - 46 Paint Polyvinyl Chloride N/A 0 $ 1.09 $ - 47 Provide T-111 Skirting with 8 Ventilation and 2 Access Grills and Attachment to Portable N/A 0 $ 1,111 .13 $ - 48 Construct Lift Station Cover N/A 0 $ 763.89 $ - " PLUMBING - 49 Trenching, Back Fill, compact to Grade For Water and Sanitary Lines N/A 0 $ 4.74 $ -. 50 Water and Sanitary Pipe All Trenching to be included in Line 49 . ~ a 3/4" PVC Schedule 40 N/A 0 $ 6.99 $ - b 3/4" PVC Schedule 80 N/A 0 $ 8.34 $ - c 1" PVC Schedule 40 N/A 0 $ 8.34 $ - d 1" PVC Schedule 80 N/A 0 $ 10.10 $ - e 1 1/4" PVC Schedule 40 N/A 0 $ 10.10 $ - f 1 1/4" PVC Schedule 80 N/A 0 $ 11.35 $ - g 1 1/2" PVC Schedu le 40 N/A 0 $ 12.74 $ - h 11/2" PVC Schedule 80 N/A 0 $ 14.13 $ - i 2" PVC Schedule 40 N/A 0 $ 14.13 $ - j 2" PVC Schedule 80 N/A 0 $ 16.88 $ - k 2 1/2" PVC Schedule 40 N/A 0 $ 18.26 $ - I 2 1/2" PVC Schedule 80 N/A 0 $ 23.72 $ - m 3" PVC Schedule 40 N/A 0 $ 19.62 $ - n 3" PVC Schedule 80 N/A 0 $ 23.72 $ - 0 4" PVC Schedule 40 N/A 0 $ 21.88 $ - p 4" PVC Schedule 80 N/A 0 $ 25.56 $ - 51 Connect Water to Portable Including All Fittings and Valves N/A 0 $ 295.14 $ - 52 Connect to Existing Water Distribution System Including all Fittings and Valves N/A 0 $ 295.14 $ - 53 Connect Sewer to Portable Including All Fittings and Valves N/A 0 $ 545.14 $ - 54 Connect to Existing Sewer System Including all Fittings and Valves N/A 0 $ 545.14 $ - 55 Disconnects a Water Cap at Portable and Main N/A 0 $ 208.33 $ - b Sewer Cap at Portable and Main N/A 0 $ 340.28 $ - 56 Disconnect and/or Connect Handicap Water Cooler N/A 0 $ 239.24 $ - 57 Handicap Water Cooler N/A 0 $ 1,359.56 $ - 58 Packaged Lift Station With Cover - a Duplex pre-fabricated 20 GPM capacity lift station to include 6' manhole, two alternating pumps, valves and pit, wet well influent and effluent piping and fittings, controls and electrical power supply devices safety equipment, appurtenances, and site furnishings. Use hydromatic SK series mode l, submersible sewage ejector pump or approved equal, minimum 2" diameter N/A 0 $ 8,750.00 $ - b 2 1/2" force main including fittings and valves N/A 0 $ 17.00 $ - c Fire Hydrant N/A 0 $ 3,388 .75 $ - 59 Packaged -Pump provide 208 volt single phase self-contained Pump system including pump, basin, cover, check valve N/A 0 $ 5,738.00 $ - 60 Disconnect, Remove and reinstall packaged pump system to new location N/A 0 $ 1,250.00 $ - ~ GUTTERS 61 Concrete Splash pan for downspout gutter N/A 0 $ 39.10 $ - 62 4" PVC Underground Drain N/A 0 $ 21.46 $ - 63 Install Condensate Drains N/A 0 $ 10.10 $ - 64 Install Dry-Well 3' Deep, 3' diameter , fill with gravel and geotextile fabric. N/A 0 $ 451.53 $ - ELECTRICAL ; 65 Provide all Material and Labor to connect Power, Systems , and Grounding at the Portable. Test all Systems and Power N/A 0 $ 874.86 $ - 66 Disconnect all Power and Systems at Portable and remove all conduit and wire to Systems and Power Rack N/A 0 $ 777.78 $ - 67 Install Power and systems Rack. All Conduit, wire, J-Boxes, Panels, Disconnects, Gutters and Transformers will be Priced Separately. N/A 0 $ 1,966.60 $ - DISCONNECTS 68 Provide Prices to Purchase, Install and connect Wiring for the following Items All Disconnects Will Be Heavy Duty with Ground and Neutral Bars (Copper) a 60 Amp-2 Pole 3 wire H.D. Fusible 120/240 Volt with 2-60A Dual element Fuses 1) Nema 1 Enclosure N/A 0 $ 241.86 $ - 2) Nema 3R Enclosure N/A 0 $ 318.91 $ - ~ b 100 Amp 2 Pole 3 Wire H.D. Fusible 120/240 Volts with 2-100 Amp Dual Element Fuses --1) Nema 1 Enclosure N/A 0 $ 353.60 $ - 2) Nema 3R Enclosure N/A 0 $ 411.40 $ - c 200 Amp 2 Pole 3 Wire H.D. Fusible 120/240 Volt with 2-200 A Dual Element ~ 1) Nema 1 Enclosure N/A 0 $ 502.62 $ - 2) Nema 3R Enclosure N/A 0 $ 582.33 $ - :'•' d 100 Amp 3 Pole 4 Wire H.D. Fusible 120/240 Volt with 3-100 Amp Dual Element Fuses 1) Nema 1 Enclosure N/A 0 $ 397.78 $ - 2) Nema 3R Enclosure N/A 0 $ 497.65 $ - e 200 Amp 3 Pole 4 Wire H.D. Fusible 120/240 Volt with 3-200 Amp Dual Element Fuses II ,. 1) Nema 1 Enclosure N/A 0 $ 552.99 $ - 2) Nema 3R Enclosure N/A 0 $ 778.73 $ - f 400 Amp 3 Pole 4 Wire H.D. Fusible 120/240 Volt with 3-400 Amp Dual Element Fuses .i. ··ij' •tii ,,I 1) Nema 1 Enclosure N/A 0 $ 1,242.56 $ - 2) Nema 3R Enclosure N/A 0 $ 1,465.10 $ - g 100 Amp 3 Pole 4 Wire H.D. Fusible 600 Volt with 3-100 Amp Dual Element Fuses II _;:_ 1) Nema 1 Enclosure N/A 0 $ 510.28 $ - 2) Nema 3R Enclosure N/A 0 $ 626.38 $ - h 200 Amp 3 Pole 4 Wire H.D. Fusible 600 Volt with 3-150/200 Amp Dual Element Fuses 1) Nema 1 Enclosure N/A 0 $ 746.62 $ - 2) Nema 3R Enclosure N/A 0 $ 873.89 $ - n i 400 Amp 3 Pole 4 Wire H.D. Fusible 600 Volt with 3-400 Amp Dual Element Fuses •: ll 1) Nema 1 Enclosure N/A 0 $ 1,739.13 $ - 2) Nema 3R Enclosure N/A 0 $ 1,980.47 $ - J.0A0 CENTERS/ PANEL BOARDS 69 120/240 Volt Rated. Cutler Hammer or Square 0 Panels to include Ground Bars and Neutral Bars. All Bus Bars to be Copper. Include Wire Connection. All To Have Main Breaker Rated for Equipment. Price to Include Installation ~ a 100 Amp 2 Pole 3 Wire 12/16 Circuit N/A : 1) Nema 1 Enclosure N/A 0 $ 242.13 $ - 2) Nema 3R Enclosure N/A 0 $ 203.53 $ - b 1 00 Amp 3 Pole 4 Wire .-· ~ 1) Nema 1 Enclosure N/A 0 $ 315.87 $ - 2) Nema 3R Enclosure N/A 0 $ 359.17 $ - c 200 Amp 2 Pole 3 Wire ..., 1) Nema 1 Enclosure N/A 0 $ 634.38 $ - 2) Nema 3R Enclosure N/A 0 $ 825.91 $ - d 200 Amp 3 Pole 4 Wire ·;fEU ;'::ip!i~ J .. ~ .3l 1) Nema 1 Enclosure N/A 0 $ 722.38 $ - 2) Nema 3R Enclosure N/A 0 $ 913.90 $ - e 100 Amp 3 Pole 4 Wire 12/16 Circuit .:r: "j!_ :·~ 1) Nema 1 Enc losure N/A 0 $ 315.87 $ - 2) Nema 3R Enclosure N/A 0 $ 359.17 $ - f 400 Amp 3 Pole 4 Wire 30/40 Circuit Mt:h~1 ~ ~:~"t!nr~ '~ -".r'.r'l"; 1) Nema 1 Enclosure N/A 0 $ 11138.68 $ - 2) Nema 3R Enclosure N/A 0 $ 1,460.20 $ - BREAKERS 70 Price to Include Breaker and Mounting Hardware, Installation and Wire Termination ··-~ -- a 2 Pole 60 Amp 120/208 V Bolt in Breaker N/A 0 $ 300.53 $ - b 2 Pole 80 Amp 120/208 V Bolt in Breaker N/A 0 $ 300.53 $ - c 200 AMP 3 Pole 480 Volt in MOP N/A 0 $ 2,004.61 $ - d 400 AMP 3 Pole 480 Volt in MOP N/A 0 $ 2,482.61 $ - e 400 AMP 3 Pole 120/208 Volt in MOP N/A 0 $ 2,482.61 $ - f 200 AMP 3 Pole 120/208 Volt in MOP N/A 0 $ 2,004.61 $ - g 20 AMP 2 Pole 120 Volt N/A 0 $ 136.11 $ - h 20 AMP 2 Pole 120/208 Volt N/A 0 $ 161 .11 $ - BOXES/HANDHOLES/GUTTERS 71 All Boxes and Gutters to be Weather Proof. Include all Mounting Hardware II a 12"x12"x6" Hoffman Nema 3R N/A 0 $ 130.00 $ - b 18"x18"x6" Hoffman Nema 3R N/A 0 $ 249.89 $ - c 8"x8"x6" Galvanized Box N/A 0 $ 87.53 $ - d 12"x12"x6" Galvanized Box N/A 0 $ 126.07 $ - e 18"x18"x6" Galvanized Box N/A 0 $ 279.57 $ - f 24"x24"x1 0" Galvanized Box N/A 0 $ 458.52 $ - g 8"x8"x5' Gutter Galvanized N/A 0 $ 275.19 $ - h 12"x12"x5' Gutter Galvanized N/A 0 $ 443.51 $ - i 8"x8"x6" PVC Box with Cover N/A 0 $ 72.03 $ - j 1 O"x1 O"x6" PVC Box with Cover N/A 0 $ 82.40 $ - k 12"x12"x8" PVC box with Cover N/A 0 $ 106.44 $ - I 12"x18"x8" PVC Box with Cover N/A 0 $ 191.63 $ - m 14"x19" Brooks Box with Cover or Equal N/A 0 $ 276.39 $ - n 13"x24" brooks Box with Cover or Equal N/A 0 $ 555.05 $ - TRA NSFORMERS ~ '• II All Transformers to be 480 Volt Primary 120/208 Volt Secondary, 60 HZ, Nema 3R. To Include n 72 •• ••• ••• • I .~{~ lit...: Rain Guards, Ground Rods, Ground Rod Clamps or Cadweld, Ground Wire, Lugs and all Hr ····I· it~;~]L;h ~~-"'-• ~~~:,~~~~: ' Connections to Line and Load. ·u -:'~'-}B~~9J .. 'f. a 150 KVA -Delta/Wye -General Purpose Outdoor Type, 3 Phase, 62 1/2% rate of Rise, 80 Degrees, Pad Mount. N/A 0 $ 9,289.35 $ - b 75 KVA-Delta/Wye-General Purpose Outdoor Type, 3 Phase, 62 1/2% rate of Rise, 80 Degrees, Pad Mount. N/A 0 $ 5,133.45 $ - c 112.5 KVA -Delta/Wye -General Purpose Outdoor Type, 3 Phase, 621/2% rate of Rise, 80 Degrees, Pad Mount. N/A 0 $ 6,862.79 $ - d 45 KVA-Delta/Wye-General Purpose Outdoor Type, 3 Phase, 62 1/2% rate of Rise, 80 Degrees, Pad Mount. N/A 0 $ 4,473.80 $ - 73 Trenching for all Electrical Conduit. Trenches to have Multiple Conduit for Power and Systems N/A 0 $ 10.00 $ - CONDUIT 74 All Conduit Runs to Include Couplings, Strapping, and 2 Connectors with Grounding Bushings. Trenching is not Included in this Line Item. ( In Line Item 73} All Empty Conduit to have 200 lb pull String Include 90 Degree Bends and Condlets a 3/4" 1) Schedule 40 PVC N/A 0 $ 3.10 $ - 2) Schedule 80 PVC N/A 0 $ 3.20 $ - 3) Rigid Galvanized Conduit N/A 0 $ 9.10 $ - 4) Electrical Metallic Tubing N/A 0 $ 4.20 $ - b 1" .! 1) Schedule 40 PVC N/A 0 $ 3.60 $ - 2) Schedule 80 PVC N/A 0 $ 3.70 $ - 3) Rigid Galvanized Conduit N/A 0 $ 10.91 $ - 4) Electrical Metallic Tubing N/A 0 $ 6.70 $ - c 1 1/4" :i, •• /'L 1) Schedule 40 PVC N/A 0 $ 4.00 $ - 2) Schedule 80 PVC N/A 0 $ 4.20 $ - 3) Rigid Galvanized Conduit N/A 0 $ 13.60 $ - 4) Electrical Metallic Tubing N/A 0 $ 6.90 $ - d 11/2" ~ ..... ;•:0 )11 i . ~·" '..r~ 1) Schedule 40 PVC N/A 0 $ 4.60 $ - 2) Schedule 80 PVC N/A 0 $ 4.80 $ - 3) Rigid Ga lvanized Conduit N/A 0 $ 15.10 $ - 4) Electrical Metallic Tubing N/A 0 $ 8.80 $ - e 2" -~ .·'.Jl~ ·~ r ........ 1) Schedule 40 PVC N/A 0 $ 5.60 $ - 2) Schedule 80 PVC N/A 0 $ 5.80 $ - 3) Rigid Galvanized Conduit N/A 0 $ 19.50 $ - 4) Electrical Metallic Tubing N/A 0 $ 10.80 $ - f 21/2" 'd;~,w \t~~ ~~tt: 1l ~~-; 1) Schedu le 40 PVC N/A 0 $ 7.20 $ - 2) Schedule 80 PVC N/A 0 $ 7.50 $ - 3) Rigid Galvan ized Co ndu it N/A 0 $ 26 .00 $ - 4) Electrical Metall ic Tubing N/A 0 $ 15.40 $ - g 3" . -~,tm,;· ~ ':: 1) Schedule 40 PVC N/A 0 $ 9.10 $ - 2) Schedule 80 PVC N/A 0 $ 10.60 $ - 3) Rigid Galvanized Conduit N/A 0 $ 34.40 $ - 4) Electrical Metallic Tubing N/A 0 $ 16.60 $ - h 4" 1) Schedule 40 PVC N/A 0 $ 13.60 $ - 2) Schedule 80 PVC N/A 0 $ 14.20 $ - 3) Rigid Galvanized Conduit N/A 0 $ 45.20 $ - 4) Electrical Metallic Tubing N/A 0 $ 21.60 $ - WIRE 75 All Power Wire to be THHN Stranded or THWN Stranded COPPER a #12 N/A 0 $ 0.70 $ - b #10 N/A 0 $ 0.90 $ - c #8 N/A 0 $ 1.00 $ - d #6 N/A 0 $ 1.40 $ - e #4 N/A 0 $ 1.90 $ - f #3 N/A 0 $ 2.20 $ - g #2 N/A 0 $ 2.80 $ - h #1 N/A 0 $ 3.40 $ - i #0 N/A 0 $ 3.90 $ - j #00 N/A 0 $ 4.70 $ - k #000 N/A 0 $ 5.70 $ - I #0000 N/A 0 $ 7.20 $ - m 250 MCM N/A 0 $ 9.10 $ - n 350 MCM N/A 0 $ 11.70 $ - 0 500 MCM N/A 0 $ 17.00 $ - p 600 MCM N/A 0 $ 19.80 $ - q 750 MCM N/A 0 $ 24.20 $ - r 22 Ga 2 Pair One Pair Shielded ( Intercom) N/A 0 $ 1.80 $ - s 22 Ga 15 Pair Overall Shield N/A 0 $ 5.60 $ - t 22 Ga 27 Pair Overall Shield N/A 0 $ 7.20 $ - u RG 11 lTV Coax Solid Core w/ Connectors N/A 0 $ 2.60 $ - v RG 59U lTV Coax Solid Core w/ Connectors N/A 0 $ 1.50 $ - INTERCOM Price to Include All Connections at the Portable and at the Console or J-Box Include Testing of ,::,:::,:::· ::.: ::: :,::cc: I :·:· C',' " 76 Intercom System ·" a Purchase and Install Wall Speaker N/A 0 $ 180.94 $ - b Purchase and Install Call Button N/A 0 $ 40.57 $ - c Purchase and Install Punch Down Block N/A 0 $ 181.55 $ - d Purchase and Install Surge Protection (OPX) N/A 0 $ 99.25 $ - " FIRE ALARM 77 Price to Include All Connections at the Portable and at the Fire Alarm Control Cab. Include Testing of Fire Alarm System ~· " a Purchase and Install Horn/Strobe (interior) N/A 0 $ 187.48 $ - b Purchase and Install Horn/Strobe (exterior) N/A 0 $ 232.48 $ - c Purchase and Install Manual Pull Station N/A 0 $ 197.88 $ - d Purchase and Install Smoke Detectors N/A 0 $ 337.98 $ - e Purchase and Install Heat Detectors N/A 0 $ 123.69 $ - f Purchase and Install Power Supply Driver with Supervisory Capability N/A 0 $ 1,173.61 $ " MISCELLANEOUS 78 a 120 Volt Fluorescent 2 Lite Electronic Ballast N/A 0 $ 92.36 $ - b 120 Volt Fluorescent 3 Lite Electronic Ballast N/A 0 $ 117.36 $ - c 120 Volt Fluorescent 4 Lite Electronic Ballast N/A 0 $ 159.00 $ - d T-8 Fluorescent Lamp N/A 0 $ 9.34 $ - e Single Pole 120 Volt Switch N/A 0 $ 46.66 $ - f 3 Way 120 Volt Switch N/A 0 $ 56.95 $ - g Single Switch Plate ( Stainless Steel) N/A 0 $ 6.58 $ - h 2 Gang Switch Plate (Stainless Steel) N/A 0 $ 13.23 $ - i 3 Gang Switch Plate ( Stainless Steel) N/A 0 $ 19.66 $ - j 120 Volt Duplex Receptacle N/A 0 $ 57.20 $ - k Single Duplex Receptacle Plate ( Stainless) N/A 0 $ 6.58 $ - I 80 Amp Main Breaker w/Lock Down Kit N/A 0 $ 244.85 $ - m Time Delay Switch (for bathroom lighUfan) N/A 0 $ 168.80 $ - n 120 Volt GFCI Receptacle w/Cover N/A 0 $ 122.22 $ - 0 lTV Outlet with Jack and Plate N/A 0 $ 73.39 $ - p Bathroom Exhaust Fan (Motor) N/A 0 $ 247.12 $ - q Bathroom Exhaust Fan N/A 0 $ 360.66 $ - r Photocell N/A 0 $ 55.85 $ - s PL 13 Single Light fixture w/ Lamp N/A 0 $ 373.01 $ - t Repair Fluorescent Fixture Tombstones, Ballast Covers, Lenses N/A 0 $ 167.79 $ - u REPLACE EMERGENCY LIGHT N/A 0 $ 370.03 $ - v REPLACE EMERGENCY LIGHT BATTERY N/A 0 $ 100.00 $ - w REPLACE EMERGENCY LIGHT LAMP N/A 0 $ 20.00 $ - STAIRS AND RAMPS 79 Furnish & install to include all railings, legs pads and necessary hardware a 5' x 5' Landing N/A 0 $ 1,294.44 $ - b 2 step riser N/A 0 $ 630.56 $ - c 3 step riser N/A 0 $ 922.22 $ - d 4 step riser N/A 0 $ 980.56 $ - e 5 step riser N/A 0 $ 1,236.11 $ - f 10' ramp N/A 0 $ 2,240.28 $ - g 12' ramp N/A 0 $ 2,984.72 $ - h 14' ramp N/A 0 $ 3,197.22 $ - i 16' ramp N/A 0 $ 3,402.78 $ - j 18' ramp N/A 0 $ 3,700.00 $ - k 20' ramp N/A 0 $ 4,127.78 $ - I 24 ' ramp N/A 0 $ 5,025.00 $ - m 26' ramp N/A 0 $ 5,343.06 $ - n 28' ramp N/A 0 $ 5,620.83 $ - 0 30, ramp N/A 0 $ 5,918 .06 $ - p Turn back ramp and landing as needed to be preapproved by PBDSB N/A 0 $ 2,752.78 $ - q Disconnect and relocate Stairs N/A 0 $ 208.33 $ - r Disconnect and relocate Ramps N/A 0 $ 451.39 $ - s Reconnect relocated Stairs N/A 0 $ 208.33 $ - t Reconnect relocated Ramps N/A 0 $ 590.28 $ - DATA II " I• I l Install sufficient 12 strand fiber optic cables from systems rack to closest data cabinet to provide two strands per portable new and existing . Install one 4 strand fiber optic cable to each portable 80 as designated by the PBDSB. lnstall1 four port, 1 two port, 1 six port data outlet, and Electronics "~""' in each portable Electronics to be supplied by the PBDSB. Terminate all Category 5E data cables ' ·~ and Fiber Optic Cable. Install all wire management and velcro cable ties. Make all necessary splices in fiber optic cables, keep splices to a minimum. Test all Category 5E and Fiber Optic II Cables and provide test results to PBDSB personnel. All terminations and test to be performed by "' "' ''"' ,, ""'"""""'' ............ 11-: ...... : ... ''""'"'"<!"""'""""'"'"""'"'" BICSI Certified personnel, Provide proof of Certification to PBDSB before starting work. PBDSB ,, I, 01 100 I I I I "" ~~ IIIIIIIL.UII UUU.Hmlll """''""""'"""""""'"''"'''"''''''"""" '" ;. I ~•" • '" " '' '" ... :· ... " "''"II I ""' representative will provide outlet locations. All materials and equipment under this line item will be provided by PBDSB. i Fiber Optic Coupling Module ( Panduit # CMSTIW ) N/A 0 $ 230.21 $ - j Fiberlok II Splice ( 3M # 2529 ) N/A 0 $ 230.21 $ - k 6100 Hot Melt Fiber Connectors ( 3M #80 -611-2753-3) N/A 0 $ 230.21 $ - FURNISH AND INSTALL THE FOLLOOWING ITEMS Install sufficient 12 strand fiber optic cables from systems rack to closest data cabinet to provide 81 two strands per portable new and existing. lnstallone 4 strand fiber optic cable to each portable as designated by the PBDSB. lnstall1 four port, 1 two port, 1 six port data outlet, and Electronics in each portable Electronics to be suppl ied by the PBDSB. Terminate all Category 5E data cables li and Fiber Optic Cable. Install all wire management and velcro cable ties. Make all necessary sp lices in fiber optic cables, keep splices to a min imum. Test all Category 5E and Fiber Optic I! Cables and provide test results to PBDSB personnel. All terminations and test to be performed by II BICSI Certified personnel, Provide proof of Certification to PBDSB before starting work. PBDSB representative will provide outlet locations. a 4 strand fiber optic cable ( Brand Rex part # CG-0041 ) N/A 0 $ 1.71 $ - b 12 strand fiber optic cable ( Brand Rex part# CG-0121 ) N/A 0 $ 3.69 $ - c Cat 5E Plenum Cable ( Mohawk# M55988 ) N/A 0 $ 2.44 $ - d Cat 5E Non-Plenum Cable ( Mohawk # M55989 ) N/A 0 $ 2.44 $ - e Mini-Jacks ( Panduit # CJ5881W) N/A 0 $ 40.51 $ - f 2 Port Face Plates ( Panduit # CFPE2 1W) N/A 0 $ 10.04 $ - g 4 Port Face Plates ( Panduit # CFPE4 1W) N/A 0 $ 10.04 $ - h 6 Port Face Plates ( Panduit # CFPW61W) N/A 0 $ 10.04 $ - i Fiber Optic Coup ling Module ( Panduit # CMSTIW ) N/A 0 $ 201.65 $ - j Fiberlok II Splice ( 3M # 2529 ) N/A 0 $ 208.49 $ - k 6100 Hot Melt Fiber Connectors (3M #80-611-2753-3) N/A 0 $ 201.93 $ - DEMOLITION OF TYPE 6 WOOD PORTABLE 82 a Disconnect all Power and Systems N/A 0 $ 741.32 $ - b Remove and Demolish Wood Stairs and Ramps N/A 0 $ 130.42 $ - c Demolish Wooden Portable N/A 0 $ 2,750.00 $ - d Demolish Concrete Sidewa lks N/A 0 $ 7.92 $ - e Remove all Freon, N/A 0 $ 6.94 $ - f Remove all Lam ps N/A 0 $ 1.39 $ - g Remove all Ballast N/A 0 $ 1.39 $ - h Remove all Battries N/A 0 $ 1.39 $ - i Remove all Debris from Site. N/A 0 $ 17.92 $ - j Remove all Plumbing Pipiing N/A 0 $ 145.83 $ - k Remove Lift Stations N/A 0 $ 486.25 $ - I Grade and Replace Sod as Needed N/A 0 $ 10.00 $ - FIRE PROTECTION INSTALLATION .. - 83 Providing of design, labor, material and equipment necessary to complete a wet automatic fire sprinkler systems N/A 0 $ 4,888.89 $ - l 84 MAKE REPAIR TO EXISTING IRRIGATION SYSTEM OR MODIFY TO ALLOW FOR THE INSTALLATION OF PORT ABLES. USE SCHEDULE 40 PVC TO INCLUDE ALL FITTINGS. a ROTARY HEAD N/A 0 $ 50.00 $ - b ~MIST HEAD N/A 0 $ 50.00 $ - c X MIST HEAD N/A 0 $ 50.00 $ - d FULL MIST HEAD N/A 0 $ 50.00 $ - UNIT PRICES FOR LABOR II I• l II II 85 Certain Purchase orders may require the proposer to complete task on a time and materials II 1: basis. Such purchase orders will be invoiced by the proposer for materials actually used and for !! labor provided as based on hourly rates provided below. Completed labor rates as required f) I! below must be provided. Proposals, which do not include the following, will not be considered. ~1~j (Please provide labor rates in figures only) .<. (='' ,: ~ 1 LABORER per hour 0 $ 40.00 $ - 2 CARPENTER JOURNEY PERSON per hour 0 $ 45.00 $ - 3 CARPENTERFOREPERSON per hour 0 $ 50.00 $ - 4 CARPENTER HELPER per hour 0 $ 40.00 $ - 5 ELECTRICAL JOURNEY PERSON per hour 0 $ 50.00 $ - 6 ELECTRICAL FOREPERSON per hour 0 $ 45.00 $ - 7 ELECTRICAL HELPER per hour 0 $ 35.00 $ - 8 PLUMBING JOURNEY PERSON per hour 0 $ 60.00 $ - 9 PLUMBING FOREPERSON per hour 0 $ 50.00 $ - 10 PLUMBING HELPER per hour 0 $ 40.00 $ - 11 MASON JOURNEY PERSON per hour 0 $ 50.00 $ - 12 MASON FOREPERSON per hour 0 $ 40.00 $ - 13 MASON HELPER per hour 0 $ 35.00 $ - 14 ROOFING JOURNEY PERSON per hour 0 $ 50.00 $ - 15 ROOFING FOREPERSON per hour 0 $ 40.00 $ - 16 ROOFING HELPER per hour 0 $ 35.00 $ - 17 OPERATOR per hour 0 $ 75.00 $ - 18 IRRIGATION JOURNEY PERSON per hour 0 $ 35.00 $ - 19 IRRIGATION HELPER per hour 0 $ 30.00 $ - $ 136,741.89 REQUEST FOR PROPOSALS (RFP) FOR MODULAR CLASSROOM AND NON-INSTRUCTIONAL BUILDINGS PURCHASE AND PLACEMENT Proposals to be submitted at: School District of Palm Beach County Construction Purchasing Department 3661 Interstate Park Road North, #200 Riviera Beach, FL 33404-5906 THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA SECTION 00002 TABLE OF CONTENTS MODULAR CLASSROOM AND NON-INSTRUCTIONAL BUILDINGS PURCHASE AND PLACEMENT DIVISION AND SECTION TITLE TOTAL PAGES SECTION 00001 TITLE PAGE ...................................................................................................................... 1 SECTION 00002 TABLE OF CONTENTS ................................................................................................... 2 SECTION 00030 ADVERTISEMENT FOR REQUEST FOR PROPOSALS ................................................. 2 SECTION 00035 M/WBE CERTIFICATION APPLICATION INSTRUCTIONS .......................................... 1 SECTION 00040 INSTRUCTIONS TO PROPOSERS .................................................................................. 4 SECTION 00050 GENERAL TERMS AND CONDITIONS .................................................................... 5 SECTION 00090 MINORITY/WOMEN BUSINESS ENTERPRISE REQUIREMENTS ............................... 7 SECTION 00200 INSURANCE REQUIREMENTS ...................................................................................... 2 SECTION 00250 PERFORMANCE AND PAYMENT BOND REQUIREMENTS & FORMS ....................... 7 SECTION 00260 CONTRACTOR'S RESPONSIBILITIES .................................................................. 4 SECTION 00300 EVALUATION PROCESS ............................................................................................... 5 SECTION 00400 STANDARD FORM OF AGREEMENT BETWEEN OWNERICONTRACTOR ................. 4 SECTION 10000 SPECIFICATIONS AND DRAWINGS ................................................................... 25 EXHIBIT A 1. COST OF SERVICES FOR MODULARS -UNIT PRICING (5 Pages) 2. COST OF SERVICES FOR INSTALLATION-UNIT PRICING (24 Pages) 3. HYPOTHETICAL PROJECT COST SHEETS (3 Pages) .............................................. 32 EXHIBIT B PROPOSAL RESPONSE FORM ........................................................................... 1 EXHIBIT C DISCLOSURE STATEMENTS ............................................................................. 1 EXHIBIT D MWBE PARTICIPATION REQUIREMENTS RESPONSE FORM ................................ 1 EXHIBIT E PUBLIC ENTITY CRIME CERTIFICATION ............................................................. 2 EXHIBIT F BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT, PBSD FORM 1997 ........................................................................... 1 EXHIBIT G DRUG FREE WORKPLACE CERTIFICATION ........................................................... 1 ATTACHMENT A M/WBE LETTER OF INTENT, PBSD FORM 1525 ................................................... 1 ATTACHMENT B SUBCONTRACTORISUBCONSULTANT (INCLUDING M/WBE) UTILIZATION REPORT, PBSD FORM 1528 ........................................................... 3 ATTACHMENT C GOOD FAITH EFFORTS NON-COMPLIANCE SUPPLEMENT .................................. 4 PBSD FORM 1629 00002-1 ATTACHMENT D STATEMENT OF GOOD FAITH EFFORTS, PBSD FORM 1527 ................................ 1 ATTACHMENT E TRENCH SAFETY ACT COMPLIANCE STATEMENT ............................................ 1 ATTACHMENT F SITE VISIT EVALUATION SCORESHEET ............................................................ 1 ATTACHMENT G SHORT FORM AGREEMENT ............................................................................. 2 ATTACHMENT H AVAILABLILITY OF EQUIPMENT AND COMPONENTS ......................................... 2 ATTACHMENT I M/WBE SUBCONTRACTOR SUMMARY ............................................................. 1 END OF SECTION 00020-2 ------------------------------------------- SECTION 00030 LEGAL ADVERTISEMENT FOR REQUEST FOR PROPOSAL MODULAR CLASSROOM AND NON-INSTRUCTIONAL BUILDINGS PURCHASE AND PLACEMENT The School Board of Palm Beach County, Florida invites qualified firms (here and after called "Contractor'') licensed by the State of Florida, to submit proposals for Modular Classrooms and Non-Instructional Buildings Purchase and Placement. SCOPE OF WORK: The purpose and intent of this request for proposal is to establish a term contract for the purchase and placement of modular classroom buildings and non-instructional buildings (and relocation, as needed) as specified herein and as outlined in the project specific Short Form Agreement for each project and/or location. Construction shall incorporate all of the requirements set forth in the current Board approved Educational Specifications, Florida Building Code, Florida Accessibility Codes, District Master Specifications, Design Criteria and all other applicable specifications. The RFP document and all additional project information published as part of the RFP document may be obtained at: www.DemandStar.com For General Inquiries contact: Helen Stokes by email at helen.rinkerstokes@palmbeachschools.org or phone 561-882-1954 Debby Boutet by email at debra.boutet@palmbeachschoold.org or phone 561-882-1953 SCHEDULE FOR SELECTION Pre-Proposal Conference* RFP Questions Due Final Addendum Issued (if necessary) Proposals Due Phase I Evaluation Meeting* Site Visits Phase 2 Evaluation Meeting* Scheduled Board Approval of Contract *OPEN TO PUBLIC ATTENDANCE* 3661 Interstate Park Road North, #200 Riviera Beach, FL 33404 February 24, 2012 @ 1 :00 pm February 28, 2012 not later than 2:00pm March 2, 2012 March 9, 2012, not later than 2:00 pm March 22, 2012@ 9:00am April2-13, 2012 April 16, 2012 @ 1 :00 pm June 20, 2012 All issues or questions regarding the project shall be addressed and resolved through the Construction Purchasing Department. There shall be no communication between selection committee members or their staff and the Proposers. Minority/Woman Business Enterprise (M/WBE) Participation Requirements: The School Board of Palm Beach County is committed to affirmatively ensuring the equitable award of construction services agreements to certified MIWBE firms. School Board Policy 6.143 requires that the School District shall take all necessary, reasonable and legal action to prevent discrimination and to ensure that all businesses, including MIWBE's are afforded maximum equitable opportunity to participate in the District's purchasing process. In accordance with this policy, the Industry Specific Remedial Program that is being applied to this Agreement is described in Section 00090, Paragraph 2.1 of the RFP. For more information on the District's MIWBE programs as well as a list of certified vendors go to www.palmbeachschools.org/mwbe. 00030-1 -------------------------------------------------- Lobbying: Proposers/Consultants are hereby advised that lobbying is not permitted with any District personnel or Board members related to or involved with this RFP until the administration's recommendation for award has been posted in the Construction Purchasing Department. All oral or written inquiries must be directed through the Construction-Purchasing Department. Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of a Board member or District personnel on the award of this Contract. Any Proposer of any individuals that lobby on behalf of Proposer during the time specified by the schedule will result in rejection/disqualification of said Proposal. Any Proposer who is adversely affected by the recommended award may address the School Board at a regularly scheduled Board meeting. Protest Proceedings: If a proposer wishes to protest the Request for Proposal documents or the recommended award, they must do so in strict accordance with the procedures outlined in FS 120.57(3) and as outlined in the Request for Proposal documents. Failure to file a protest within the time prescribed in Section 120.57(3) Florida Statutes or failure to post a protest security at the time of filing the formal written protest, will constitute a waiver of proceedings under Chapter 120, Florida Statutes. By: Frank A. Barbieri, Jr., Esq., Chairperson Attest: E. Wayne Gent, Superintendent PUBLISH DATES: February 6, 13 and 20, 2012 The School District of Palm Beach County is an Equal Education Opportunity Provider and Employer. http://www.palmbeachschools.org/purchasing/documents/eguity coordinators.pdf END OF SECTION 00030-2 SECTION 00035 CERTIFICATION APPLICATION INSTRUCTIONS NOTICE TO PROPOSERS MINORITY BUSINESS ENTERPRISE Each Proposer shall submit a letter listing their Sub-contractors for this project as applicable and in the format as required in Section 00040 Instructions to Proposers. If any of the proposed Sub-contractors are Minority/ Women Business Enterprises (MIWBEs) that have been certified as specified in Section 00090 MIWBE Participation Requirements, the Proposer shall include a copy of their written MIWBE certifications in the tabbed section with the Proposer's response. CERTIFICATION APPLICATION INSTRUCTIONS To ensure that firms seeking to participate in the MIWBE program are at least fifty-one (51%) percent legitimately owned, operated and controlled by minorities, each firm shall be required to be certified as to its minority ownership prior to the time of the Proposal submission. An application, with supporting documentation, submitted by the firm and completed by the School District of Palm Beach County is required. Important Points to Remember: (a) Please make application prior to the time of Proposal submission, the application review process takes up to sixty (60) days after receipt of the completed application. (b) Please contact the Office of Diversity in Business Practices for the application or information on certification at (561) 434-8508 or write: 3300 Forest Hill Boulevard 1st Floor, Wing A-106 West Palm Beach, Florida 33406 END OF SECTION 00035-1 SECTION 00040 INSTRUCTIONS TO PROPSERS ARTICLE 1 SCOPE OF SERVICES 1.1 The purpose and intent of The School District of Palm Beach County Request for Proposal (RFP) is to solicit proposals from qualified firms for Modular Classroom and Non-Instructional Buildings Purchase and Placement. 1.2 All respondents are encouraged to submit proposals that meet or exceed the specifications, terms and conditions as stated herein. 1.3 The scope of services will be as defined in the form of Agreement between Owner and Contractor. ARTICLE 2 AWARD OF CONTRACTS 2.1 Upon completion of the Phase 2 Evaluation, the firms ranked #1 and #2 will be awarded a contract. The #1 ranked firm will be awarded as the Primary Contract Firm and the #2 ranked firm will be awarded as the Secondary Contract Firm. The Secondary Contract Firm shall be utilized when the Primary Contract Firm is unable to meet the Owner's schedule for completion of a specific project. 2.2 The term of the contract will commence the day following award by the School Board and shall be for a three (3) year term, with the option to renew for two (2) additional one (1) year periods based on favorable annual performance. 2.3 No guarantee of the dollar amount of this RFP is implied or given, nor is there any guarantee of work. 2.4 The School District of Palm Beach County reserves the right to reject any or all offers or to accept any offers which is in its best interest. The School District also reserves the right to waive any informalities, irregularities and technicalities in procedure. 2.5 The Contract, if awarded by the Owner, will be awarded based on the procedures in Section 00300 - "EVALUATION"; provided the Proposal is reasonable, meets the criterion specified herein and it is in the best interest of the Owner to accept the Proposal 2.6 The School District of Palm Beach County reserves the right, before awarding any contract, to require a firm to submit such evidence of qualifications and any current or updated information that was requested in the RFP as it may deem necessary, and may consider any information available to it of the financial, technical, and other qualifications and abilities of a proposer, including past performance with other governmental/educational agencies. Proposers are advised that requests for additional information or site visitations are not to be construed as an indication that a proposer will receive or is in the best position to receive a contract award. 2.7 The School District reserves the right to cancel the contract, or portions thereof, without penalty at any time. 2.8 The proposer meeting specifications, terms, and conditions and being designated as having submitted an Approved Proposal shall be a Florida licensed Contractor and be authorized to perform services in the city of their domicile and in Palm Beach County. The proposer shall provide proof, in the form of licenses and certificates in their proposal. 2.9 It is necessary for the proposer to carefully consider each item, and make sure that each item meets the requirements and specifications as indicated. 00040-1 ARTICLE 3 PRE-PROPOSAL QUESTIONS AND CLARIFICATIONS 3.1 Any questions concerning the Request For Proposal shall be submitted in via email to helen.rinkerstokes@palmbeachschools.org or faxed to 561-882-1975. The cut-off for questions is February 28, 2012 not later than 2:00 pm. All questions submitted will be compiled and answered in the form of one or more Written Addenda. The Final Addendum will be released via DemandStar, on before March 2, 2012. ARTICLE4 TIME SCHEDULE 4.1 The School District will use the following time lines which will result in selection of qualified firms. Dates are subject to change if necessary. SCHEDULE FOR CM SELECTION: Pre-Proposal Conference* RFP Questions Due Final Addendum Issued (if necessary) Proposals Due Phase 1 Evaluation Meeting* Site Visits Phase 2 Evaluation Meeting* Scheduled Board Approval of Contract February 24, 2012@ 1:00pm February 28, 2012 not later than 2:00 pm March 2, 2012 March 9, 2012, not later than 2:00 pm March 22, 2012 @ 9:00 am April2-13, 2012 April 16, 2012 @ 1 :00 pm June 20, 2012 *Committee meetings are open to public attendance located at: Construction Purchasing Department 3661 Interstate Park Road North, #200 Riviera Beach, FL 33404 Proposers are requested to have a representative present at the Phase 1 Evaluation Committee Meeting to respond to questions the Committee may have regarding the contents of their Proposal. ARTICLE 5 DELIVERY 5.1 This project shall be completed and delivered to the Owner under the time constraints stated in the RFP Documents. ARTICLE 6 INSTRUCTIONS TO PROPOSERS 6.1 Proposals will be received no later than 2:00p.m., on March 9, 2012. If a proposal is transmitted by U.S. Mail or other delivery medium, the Proposer shall be responsible for its timely delivery to the designated School District office. The officer whose duty it is to receive them will decide when the specified time has arrived and no proposals received thereafter will be considered. No responsibility will be attached to any officer for the premature opening of a proposal not properly addressed and identified. Proposals received after the stated time and date will not be considered and will be returned unopened to the Proposer. The official recording of time for receipt of proposals will be the time clock located in Construction- Purchasing Department. Proposals not conforming to the instructions provided herein may be subject to dis- qualification. A Proposal is invalid if it has not been deposited at the designated location prior to the time and date for receipt of Proposals indicated in the Advertisement for Request for Proposal, or prior to any extension thereof issued to the Proposers. 00040-2 All Proposals shall be delivered to: Construction Purchasing Department 3661 Interstate Park Road North, #200 Riviera Beach, FL 33404 6.2 Proposals shall be prepared using the forms contained in this RFP and submitted in accordance with these Instructions to Proposers. Proposals containing any conditions, omissions, unexplained erasures, alternates, items not called for or irregularities of any kind may be rejected by the Owner. 6.3 Unless otherwise provided in any supplement to these Instructions to Proposers, no Proposer shall modify, withdraw or cancel its Proposal or any part thereof for sixty (60) days after the time designated for the receipt of Proposals in the "Advertisement for Request for Proposal." 6.4 Prior to the receipt of Proposals, as required, Addenda may be issued by the Owner to each Proposer recorded by the Owner as having received the Proposal Documents and will be available for inspection wherever the Proposal Documents are kept available for that purpose. Addenda issued after receipt of Proposals will be provided only to the selected Proposer. All Addenda issued by the Owner become part of the Request For Proposal Document. As part of the Proposal, the Proposer shall provide a statement acknowledging receipt of all addenda issued by the Owner. 6.5 Each Proposal shall provide, on the Proposal Response Form, the full business address of the Proposer, and state whether he is an individual, corporation, partnership or joint venture proposals by a corporation must be signed with the legal name and seal of the corporation followed by the name of the state of its incorporation and by the manual signature and designation of an officer, owner, or other person, authorized to bind the corporation. Proposals by partnerships shall show the names of all partners and shall be signed in the partnership name by one of the partners or by an authorized representative. In either case, the partnership signature shall be followed by the manual signature and designation of the person signing. Proposals by a joint venture shall be signed with the legal name of the joint venture followed by the manual signature of the individual who is the primary qualifying agent for the joint venture. In every case, the name of the person signing, and his designation, shall be typed or printed below his signature. A Proposal by a person who affixes to his signature the word "President", "Secretary", "Owner" or other designation without disclosing his principal may be held to be the Proposal of the individual so signing. Satisfactory evidence of the authority of an officer, owner, attorney, or other person signing for a corporation and for an owner, attorney, etc., signing for a partnership or an individual shall be furnished. 6.6 The Proposal shall be divided into three (3) Sections-1, 2 and 3. A Proposal shall include all items listed for Section 1. otherwise the Proposal shall be declared non-responsive. A Proposal should include all items specified for Sections 2 and 3, however, exclusion of any of the items specified in these Sections shall not be cause to declare the Proposal non-responsive. Section 1 shall contain items A through E: a) Submit your completed Exhibit A (A-1 Cost of Services For Modulars Unit Pricing, A-2 Cost of Services For Installation Unit Pricing and A-3 Hypothetical Project Cost Sheets) in a sealed and labeled envelope. b) Required Response Forms, fully executed: -Proposal Response Form (Exhibit B) -Disclosure Statements (Exhibit C) -M/WBE Participation Requirements Response Form (Exhibit D) -Public Entity Crime Certification Form (Exhibit E). -Beneficial Interest and Disclosure of Ownership Affidavit, Form PBSD 1997 (Exhibit F) -DPBR Approval: Proposers shall Submit proof that their current Relocatable Modular manufacturing/construction plans are DPBR approved. ' I · c) A copy of each of the following: ' -Current Certificate of Authority issued by the Florida Department of State -State Licenses and Local Occupational Licenses -Statement of Bonding Capability from Surety (a sample of which is on Page 00250-2) 00040-3 d) The Proposer shall submit a statement of whether or not, within the past ten years from the Proposal due date, any occurrences have taken place in which a complaint has been filed against the Proposer, litigation has been filed against the Proposer, litigation is pending against the Proposer, or the Proposer is currently involved in a legal or administrative proceeding alleging that the Proposer discriminated on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability against any of its subconsultants, vendors, suppliers, or commercial customers. The Proposer shall provide a specific description of each occurrence and the status or resolution of each occurrence, including any remedial action taken. If no such occurrences have taken place, the Proposer shall include a statement to indicate such. e) The Proposer shall submit acknowledgement of receipt of all addenda issued by the Owner. Section 2 'Should contain these items each tabbed separately in the following order: a) Drug Free Workplace Certification (Exhibit G) in accordance with Section 287.087, Florida Statutes. b) Current Certificate of Insurance demonstrating coverage specified in Section 00200. For submittal, General Liability Insurance may be less than that specified; however, all coverage requirements must be satisfied prior to issuing the Notice To Proceed. Section 3 Responses to Categories 1 through 5 of the Evaluation Criteria specified in Section 00300 "Evaluation" are required. Section 3 of the Proposal shall not exceed a total of forty (40) pages otherwise the Proposal shall be deemed non-responsive. Each page of Section 3 shall be numbered consecutively and shall not exceed 8 %'' x 11" in size. Each text page shall be printed in font 11 or larger and have a minimum 1" :margin. The response provided for each Category should be bookmarked separately. I 6. 7 A 'Proposal shall not exceed a total of 40 pages, exclusive of all submittal requirements specified in Sections 1 and 2, Par. 6.6. Proposals exceeding this 40 page limit shall be declared non responsive by the Owner. Each page shall be numbered consecutively, and shall not exceed 8-1/2" x 11" in size. Each page shall be printed in a minimum size 11 font and have a minimum 1" margin on all sides. CO's will be submitted in PDF format, (one PDF file) bookmarked per the selection criteria, and fully functioning. I 6.8 One (1) original printed hard copy plus one CD containing Sections 1, 2 and 3 plus an additional TWELVE (12) CD copies of Section 3 only of the Proposal are to be sealed in one package and clearly labeled "Proposal for Modular Classroom and Non-Instructional Buildings Purchase and Placement". The P~oposer's Name, Project Name(s) and Project Number(s) must be clearly stated on each CD and on the,outside of the package. 6.9 The proposer shall have a place of business for contact by the School District during normal hours on normal;working days. An emergency phone number and the name of a responsible managing employee of the successful proposer shall be provided to the School District. I I 6.10 All costs incurred by Proposers, their employees and agents in preparing a response to this Request for Propoials, in clarifying such response to the satisfaction of the Owner, in attending any pre-proposal conference or interview, in ascertaining the conditions of the site, in entering into a contract with the Owner or for any1 other reason shall be the sole responsibility of the Proposers and will not be paid or reimbursed by the Owner: 00040-4 6.11 The Proposer, in submitting their Proposal, realizes that time is of the essence and that any delay of this project will have a serious negative impact on the students of Palm Beach County. Therefore, the Proposer has taken due diligence to determine factors that may impact the days necessary to complete this Project. Specifically, the approval process required under Florida Statute as governed by the Rules of the Department of Education, Florida State Board of Education, as well as the Permitting process required by the School District of Palm Beach County, Department of Environmental Regulation, the South Florida Water Manage- ment District, Palm Beach County and any other bodies that have jurisdiction over the land parcel for this Project. END OF SECTION 00040-5 1.0 DEFINITIONS SECTION 00050 GENERAL TERMS AND CONDITIONS 1.1 All definitions set forth in the General Conditions of the Agreement between Owner and Contractor, are applicable to these Instructions to Proposers. I 1.2 Proposal Documents include the Advertisement for Request for Proposal, Notice to Prospective 'Proposers, Policies of the School Board, Instructions to Proposers, Agreement General Conditions, Supplementary General Conditions, Special Conditions, and the proposed Contract Documents including Educational Specification, all drawings, performance specifications and addenda issued prior to proposal opening (as applicable). 1.3 !Addenda are written or graphic instruments issued prior to the execution of the Contract which modify or interpret the Proposal Documents, including Drawings and Specifications, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents when the Contract is executed. 2.0 PROPOSER'S REPRESENTATION 2.1 Each Proposer, by submitting a Proposal, represents that they have read and understand the Request .for Proposal document. 2.2 iEach Proposer, by submitting a Proposal, represents that they have familiarized themselves with the local conditions under which the Work is to be performed. 3.0 !PROPOSAL PROCEDURES I 3.1 ,Proposals shall be prepared using the forms contained in this RFP and submitted in accordance with Section 00040 Instructions to Proposers and Section 00050 General Conditions. 3.2 'A Proposal is invalid if it has not been deposited at the designated location prior to the time and date for receipt of Proposals indicated in the Advertisement for Request for Proposal, or prior to any extension .thereof issued to the Proposers. 3.3 Unless otherwise provided in any supplement to these Instructions to Proposers, no Proposer shall :modify, withdraw or cancel his Proposal or any part thereof for sixty (60) days after the time designated ·for the receipt of Proposals in the "Advertisement for Request for Proposal." I 3.4 Prior to the receipt of Proposals, Addenda will be mailed or delivered to each qualified Proposer recorded by the Owner as having received the Proposal Documents and will be available for inspection wherever the Proposal Documents are kept available for that purpose. Addenda issued after receipt of Proposals will be mailed or delivered only to the selected Proposer. 3.5 :Preparation and Submission of Proposal Form: (a) Each Proposer shall use Proposal forms contained in this RFP where indicated. Any erasures or other corrections in the proposal shall be explained or noted over the signature of the Proposer. Proposals containing any conditions, omissions, unexplained erasures, alternates, items not called for or irregularities of any kind may be rejected by the Owner. 00050-1 (b) Each Proposal shall give, on the required document, the full business address of the Proposer, and state whether he is an individual, corporation or partnership. Proposals by a corporation must be signed with the legal name of the corporation followed by the name of the state of its incorporation and by the manual signature and designation of an officer, owner, or other person, authorized to bind the corporation. Proposals by partnerships shall show the names of all partners and shall be signed in the partnership name by one of the partners or by an authorized representative. In either case, the partnership signature shall be followed by the manual signature and designation of the person signing. ANY POTENTIAL, PERCEIVED OR ACTUAL CONFLICT OF INTEREST SHALL BE GOVERNED BY FLORIDA LAW. 1 (c) In every case, the name of the person signing, and his designation, shall be typed or printed below his signature. A Proposal by a person who affixes to his signature the word "President", "Secretary", "Owner" or other designation without disclosing his principal may be held to be the Proposal of the individual so signing. Satisfactory evidence of the authority of an officer, owner, attorney, or other person signing for a corporation and for an owner, attorney, etc., signing for a partnership or an individual shall be furnished. 3.6 Proposal Modification: Proposal Modifications will be accepted from Proposers if addressed to the 10wners, at the place where Proposals are to be received, and if received prior to the closing time for 'the receipt of Proposals. Modifications shall be in writing. The requirements set forth in paragraph I 3.5(c) pertaining to a signature on Proposals shall be applicable to the signatures on Proposal 1modifications. Modifications will be read by the Owner prior to opening formal Proposals. i 3.7 \Withdrawal of Proposals: Proposals may be withdrawn on written request received from Proposers 1prior to the time fixed for opening. Such request shall be properly signed in accordance with the !requirements pertaining to signatures contained in paragraph 3.5(c). Negligence on the part of the iProposer in preparing the Proposal confers no right for withdrawal of the Proposal after it has been 'opened. ' 3.8 Heceipt of Proposals: Proposals will be received at the location and until the time stated in the 'advertisement. The officer whose duty it is to receive them will decide when the specified time has :arrived and no Proposals received thereafter will be considered. No responsibility will be attached to :any officer for the premature opening of a Proposal not properly addressed and identified. i ' 3.9 'Familiarity with Laws: The Proposer is assumed to be familiar with all Federal, State and Local Laws, .ordinances, Rules and Regulations, that in any manner affect the Work. Public Contracting and :Purchasing Process Florida Statute, Sections 235.01 et seq. 287.132-.133 (Public Entity Crimes) is applicable and Florida Department of Education, Office of Educational Facilities, Florida Building Code (FBC). Ignorance on the part of the Proposer will in no way relieve them from responsibility. 3.10 :Background Check and Fingerprinting: All non-instructional personnel (which includes, but is not limited to all employees of the Contractor and all of its subconsultants, vendors, individuals, other entities, etc.) under contract with the School Board (or who receives remuneration for services performed for the School District or a school) who are permitted access on school grounds when :students are present, who have direct contact with students or who have access to or control of school funds must undergo Level 2 screening. Level 2 screening consists of fingerprinting and a background 'check, as set forth in Section 1012.32, Florida Statutes. All contractual personnel agree to undergo a background check and fingerprinting if he/she is an individual who meets any of the above conditions :and to require that all employees and subconsultants of the organization who meet any of the above conditions submit to a background check, including fingerprinting by the School Board's Police Department, at the sole cost of the Contractor. Contract personnel shall not begin providing services :contemplated by the Contract until he or she receives notice of clearance by the School Board. Neither the School Board, nor its members, officers, employees, nor agents, shall be liable under any legal theory for any claim whatsoever for the rejection of the Contractor (or discontinuation of the :Contractor's services) on the basis of these compliance obligations. The Contractor agrees that neither , the Contractor, nor any employee, agent nor representative of the Contractor who has been convicted , or who is currently under investigation for a crime delineated in Section 435.04, Florida Statutes, will be . employed in the performance of this Contract. 00050-2 All exceptions to certain fingerprinting and criminal history checks pursuant to Section 1012.468, iFiorida Statutes (2007) shall apply for a crime delineated in Florida Statutes§ 435.04 will be employed 'in the performance of this contract. 3.11 Mandatory Nondiscrimination Contract Clause: As specified in Board Policy 6.144, the Contractor shall ·not discriminate on the basis of race, gender, gender identity or expression, religion, national origin, 'ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring, or treatment of :subcontractors, vendors, suppliers, or commercial customers. Contractor shall provide equal opportunity for subcontractors to participate in all of its public sector and private sector subcontracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful .efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the 'marketplace, such as those specified in Palm Beach County School Board Policy 6.143. Contractor understands and agrees that violation of this clause is a material breach of the contract and may result in contract termination, debarment, or other sanctions. 3.12 Commercial Nondiscrimination: As specified in Board Policy 6.144, the School Board of Palm Beach County shall not accept proposals from, nor to engage in business with, any business firm that has discriminated on the basis of race, gender, gender identity or expression, religion, national origin, :ethnicity, sexual orientation, age, disability, or any other form of unlawful discrimination in its .solicitation, selection, hiring, or treatment of another business. 3.13 Contractor Bid Requirements: If applicable, the Proposer will submit with their Proposal, a list of all instances within the past ten years where a complaint was filed or pending against Bidder or Proposer 1 in a legal or administrative proceeding alleging that Proposer discriminated on the basis of race, !gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability against its subcontractors, vendors, suppliers, or commercial customers, and a description of ·the status or resolution of each such complaint, including any remedial action taken. 3.14 Contract Disclosure Requirements: Upon the School District's request, and upon the filing of a complaint against Contractor pursuant to Palm Beach County School Board Policy 6.144, Contractor 'agrees to provide the School District, within sixty calendar days, a truthful and complete list of the 'names of all subcontractors, vendors, and suppliers that Contractor has used in the past five years on 'any of its contracts that were undertaken within the Palm Beach County School District relevant rgeographic market as defined Palm Beach County School Board Policy No. 6.143, including the total dollar amount paid by Contractor for each subcontract or supply contract. Contractor agrees to fully 'cooperate in any investigation conducted by the School District pursuant to this Policy. Contractor understands and agrees that violation of this clause is a material breach of the contract and may result in contract termination, debarment, and other sanctions. 3.15 Disqualifying Crimes: The proposer certifies by submission of this RFP, that neither it nor its principals . is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by the State of Florida or Federal Government. Further, proposer ·certifies that it has divulged, in its RFP response, information regarding any of these actions or proposed actions with other governmental agencies. 3.16 ·Public Entity Crime Information Statement: A person or affiliate who has been placed on the convicted ~vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide 'any goods or services to a public entity, may not submit a bid on a contract with a public entity for the ·construction or repair of a public building or public work, may not submit bids on leases of real property :to a public entity, may not be awarded or perform work as a Contractor, supplier, Sub-Contractor, or , consultant under a contract with any public entity, and may not transact business with any public entity I in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 . months from the date of being placed on the convicted vendor list. 00050-3 4.0 REJECTION OF PROPOSALS 4.1 The Proposer acknowledges the right of the Owner to reject any or all Proposals and to waive any informality or irregularity in any Proposal received. In addition, the Proposer recognizes the right of the Owner to reject a Proposal if the Proposer failed to furnish any required Proposal security, or to submit ,the data required by the Proposal Documents, or if the Proposal is in any way incomplete or irregular; 1to reject the Proposal of a Proposer who is not in a position to perform the Contract; and to re-advertise for other or further Proposals or to accept the next responsive Proposal. 5.0 'SUBMISSION OF POST-PROPOSAL INFORMATION 5.1 1 The selected Proposer shall, at least five (5) Owner business days prior to Board Award, submit the :following: Ia) Two Executed original Agreements. I :The selected Proposer shall, within ten (10) days after notification of Board Award, submit the following: I I b) Proof of insurance, copies of state licenses and local occupational licenses, and other documents as !may be required. ' 6.0 1PROPOSAL PROTEST PROCEDURES 6.1 iThe Owner shall provide notice of its decision or intended decision concerning a Request For Proposal 'or an Award as follows: ;Notice of a decision or intended decision shall be given either by posting the Tabulation at the Construction Purchasing Department, 3661 Interstate Park Road North, Suite 209, Riviera Beach, 'Florida, 33404, or on the District website: www:palmbeachschools.org/purchasing/construction. 1The notice required by this paragraph shall contain the following statement: "Failure to file a protest within the time prescribed in 120.57(5)(b), Florida Statutes, shall constitute a waiver of proceedings Iunder Chapter 120, Florida Statutes." 6.2 :"The Advertisement for Request For Proposal" and the "Request for Proposal Documents" will be :available for review in the office of Construction Purchasing at the time of the solicitation. Any person who is affected adversely with respect to the Request for Proposal Documents shall file a notice of :protest in writing within seventy-two (72) hours after the receipt of the Request for Proposal 'Documents, and SHALL FILE A FORMAL WRITTEN PROTEST WITHIN TEN (10) DAYS AFTER THE DATE THEY FILED THE NOTICE OF PROTEST. Failure to file a notice of protest or failure to file a ,formal written protest shall constitute a waiver of proceedings under Chapter 120 et seq Florida :statutes. 6.3 I :All Notices of Protest and Formal Written Protests shall be submitted to: Sharon Swan, Director of Purchasing 3300 Forest Hill Blvd., Suite A323 West Palm Beach, FL 33406. l Any person who is affected adversely by the Owner decision or intended decision shall file with the jowner a notice of protest in writing within seventy-two (72) hours after the posting of the Tabulation or ,after receipt of the notice of the Owner decision or intended decision, and SHALL FILE A FORMAL 1jWRITTEN PROTEST WITHIN TEN (10) DAYS AFTER THE DATE THEY FILED THE NOTICE OF 1 PROTEST. Failure to file a notice of protest or failure to file a formal written protest shall constitute a !waiver of proceedings under Chapter 120 Florida Statutes. The Tabulation with recommended award l will be posted for review by interested parties in the Construction Purchasing Department and will remain posted for a period of 72 hours. 00050-4 6.4 lin accordance with F.S. 255.0516 "Bid Protests by Educational Boards", with respect to state contracts and bids, pursuant to competitive bidding, whether under Chapter 235 Florida Statutes, relating to educational facilities, or under this chapter, relating to public buildings, if a school board, a community college board of trustees, or the Board of Regents uses procedures pursuant to Chapter 120 Florida ,Statutes for bid protests, the board will require the protestor to post a bond at the time of filing the written protest amounting to: Twenty-five thousand dollars or 2 percent of the advertised budget for construction, whichever is greater, for projects valued over $500,000; and Five percent of the lowest accepted bid for all other projects. 6.5 1Upon receipt of a Notice of Protest which has been timely filed, the Owner shall stop the Solicitation process or the Award process until the subject of the protest is resolved by final Owner action, unless .the Owner sets forth in writing particular facts and circumstances which require the continuance of the Solicitation process or the Contract Award process without delay in order to avoid an immediate and ,serious danger to the public health, safety, or welfare. 6.6 jThe Owner, on its own initiative or upon the request of a protestor, shall provide an opportunity to !resolve the protest by mutual agreement between the parties within seven (7) days of receipt of a formal written protest. I 6.7 .If the subject of a protest is not resolved by mutual agreement within seven (7) days of receipt of the formal written protest and if there is no disputed issue of material fact, an informal proceeding shall be ;conducted pursuant to Florida Statute 120.57(2). If the hearing is not requested in the Notice of Bid .Protest, it shall be waived. The informal hearing shall be conducted in the presence of the Director of 1 Purchasing, as the Superintendent's designee, the legal staff, and any other witnesses deemed ,appropriate. The protesting party may be present with assistance of counsel and any witnesses they deem appropriate, however, failure to have counsel or witnesses present shall not invalidate the ,hearing. 7.0 •LOBBYING 7.1 !Proposers/Consultants are hereby advised that lobbying is not permitted with any District personnel or jBoard members related to or involved with this RFP until the administration's recommendation for ·award has been posted in the Purchasing Department. All oral or written inquiries must be directed :through the Construction -Purchasing Department. 7.2 .Lobbying is defined as any action taken by an individual, firm, association, partnership, joint venture, syndicate, corporation, and all other groups who seek to influence the governmental decision of a Board member or District personnel on the award of a contract. 7.3 'All issues and or questions regarding a project need not to be addressed and resolved through the •Construction-Purchasing Department. There shall be no communication between Committee Members, their staff and the prospective Proposers. Committee Members will not be allowed to meet separately and discuss the project. 7.4 Any proposer who is adversely affected by the recommended award may address the School :Board at a regularly scheduled Board meeting. 7.5 ·Any proposer or any individuals that lobby on behalf of proposer during the time specified will result in rejection/disqualification of said proposal. END OF SECTION 00050-5 SECTION 00090 M/WBE PARTICIPATION REQUIREMENTS 1.0 :DEFINITIONS 1.1 :The following terms shall have the listed meanings (the definitions shall not apply outside of this Article .where inconsistent with those listed elsewhere in the Proposal Documents). 1.2 Contractor: An individual, firm, partnership, corporation or combination thereof submitting a proposal for the work as a Contractor. 1.3 1A Sub-Contractor is a person or entity who has a direct contract with the Contractor to perform a portion i of the Work. 1.4 'Minority Business Enterprise (MBE or M/WBE): Any business firm that is certified by the District's Office of Diversity in Business Practices (ODBP) as being at least 51% owned, managed, and .controlled by one or more minority persons. In this instance, minority group members are citizens ~of the United States or lawfully admitted permanent residents who are: African Americans as defined in School Board Policy 6.143 (3)(w)(i), (ii), (iv), and (v); 1.5 1.6 I ! Employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net 'worth of not more than five million dollars ($5 million) or any firm based in this state which has a Small :Business Administration 8(a) certification (and as applicable to sole proprietorships, the $5 million net 'worth requirement shall include both personal and business investments); and has at least 51% ·minority ownership, daily management, and control of the business; and is domiciled in the Palm Beach •County, Miami-Dade County, or Ft. Lauderdale metropolitan statistical areas (MSA), or is domiciled in ithe State of Florida and can demonstrate that it routinely bids on and/or performs contracts in Palm , Beach County; and is lawfully organized to engage in commercial transactions. :However, ownership by a minority person does not include ownership resulting from a transfer from a ·non-minority person to a minority person within a related immediate family group if the combined total ·net asset value of all members of such family group exceeds one million dollars ($1 million). For purposes of this definition, the term "related immediate family group" means one or more children under eighteen (18) years of age and a parent of such children or the spouse of such parent residing in the ; same house or living unit. The Superintendent shall implement procedures for periodic re-certification and graduation of M/WBEs from M/WBE program eligibility. 'M/WBE Vendor Directory: To aid Proposers in meeting the District's M/WBE requirement a list of ; District Certified vendors is available via the internet at www.palmbeachschools.org/mwbe. The M/WBE , Vendor Directory is maintained by and available from the Office of Diversity in Business Practices. This list represents vendors certified only by the School Board of Palm Beach County as meeting the requirements for participation as a Certified M/WBE vendor as listed below. Vendors certified as M/WBE with any entity or agency other than the School District of Palm Beach County or the State of ··Florida Office of Supplier Diversity will not be acceptable. As the School District and the State issue :certificates of certification the vendor should provide a copy of his/her current certificate for inclusion in lthe documentation. I jMIWBE Participation Subcontracting: The minimum M/WBE Subcontractor participation established by ithe School Board of Palm Beach County for this contract is stated in Paragraph 2.1 below. This is !Stated as a numerical percentage of the Legal Advertisement. This goal is not rigid or inflexible and 1can be reasonably attained by means of applying every reasonable and sufficient effort to utilize ;M/WBE Subconsultants in the performance of Work under this Project and in accordance with the I terms and requirements of this Article. I I 00090-1 1.7 Business Diversity Committee: A committee established under the auspices of the Office of Diversity in ·Business (ODBP) with the responsibility of reviewing the contract bid and RFP documents and determining the appropriate type and scope of industry-specific remedial programs to be applied to the contract. This committee is comprised of professional and senior-level representatives from the following departments of the School District: a. Department of Purchasing; b. ODBP; c. Chief Operating Officer; d. Superintendent's Designee; and e. The department responsible for letting the contract. 1.8 :Director of Office of Diversity in Business Practices (ODBP): The Employee of the School Board of Palm )Beach County responsible for establishing procedures for monitoring and evaluating program !performance and compliance. 1.9 Director of the Purchasing Department: An employee of the School Board of Palm Beach County, the 1School Board's designated administrator of the Contract. I 1.1 0 Certified MIWBE Sub-Contractor: A Sub-Contractor who is certified to do specific work under the rMIWBE Proposers Participation Program if he/she meets all the following criteria: I ! a) He/She maintains an Occupational License establishing the company as an entity legally authorized to engage in construction in Palm Beach County; b) He/She produces evidence of ownership, operation, control and management of the firm on a daily basis; c) He/She is an MIWBE Sub-Contractor as defined under paragraph 1.4 above and certified at the time the RFP is issued. d) He/She can meet all requirements of Certification required by the School Board of Palm Beach County and/or the State of Florida Office of Supplier Diversity prior to the award of contract under the MIWBE Participation Program. Any pending application with the Palm Beach County School District or the State of Florida Office of Supplier Diversity shall not be considered as certification of the vendor submitting application for consideration as an MIWBE Firm. As described in School Board Policy 6.143, graduation from the School District of Palm Beach County MIWBE certification or denial of MIWBE certification by the School District of Palm Beach County shall void acceptance of certification by the State of Florida Office of Supplier Diversity or its successors. Inquiries regarding listings of the School District of Palm Beach County Minority/Women-owned Business Enterprises can be made to the Office of Diversity in Business Practices, 3300 Forest Hill Boulevard -Suite A-106, West Palm Beach, FL 33406, (561) 434-8508 or on our website: http:twww.palmbeach.k12.fl.us/mwbe e) He/She has or is able to obtain any and all licenses and insurance required to do such work. 1.11 .Utilization of MIWBE Subcontractors: Proposers Obligation: (1.) Ensure that Certified MIWBE subcontractors as defined have the maximum opportunity to participate in the performance of the 'contract and to take all necessary and reasonable steps in accordance with this Provision to ensure that Certified MIWBE subcontractors have the maximum opportunity to compete for and perform 'contracts. (2.) To execute and submit documentation relative to the selection, reflecting participation 1and payment of the participation of MIWBE subcontractors and vendors. I 00090-2 1.12 Failure to Comply: Every reasonable effort to utilize M/WBE subcontractors must be demonstrated to the School Board of Palm Beach County. Failure on the part of the Proposers to comply with the requirements of this Article shall be cause for finding the Proposers Non-responsive. In the event a proposal is deemed non-responsive, award may then be made to the next responsive Proposer, or all remaining proposals may be rejected and the project re-advertised. 2.0 INDUSTRY -SPECIFIC REMEDIAL REQUIREMENTS 2.1 The Business Diversity Committee has determined that the following terms and conditions of M/WBE industry-specific remedial programs shall apply to this RFP and resulting contract: a. Based upon availability analysis of data collected from registered bidders of the School District, it has been determined that School District of Palm Beach County certified M/WBE's have been significantly underutilized for construction services, therefore in an effort to remedy this situation the School District of Palm Beach County has established the contract goal of 12% of the work required by this RFP to certified African American M/WBE's that are ready, willing and able to provide the type of work required to be performed under this contract. 2.2 'FORM 1528, Subcontractor/Subconsultant (Including M/WBE) Utilization Report shall be submitted by :.contractor with all requests for payment pursuant to an awarded contract. 2.3 Contract M/WBE Subcontractor/Subconsultant Goal: The stated Goal is to have 12% of the Work under ithe contract performed by qualified M/WBE Subcontractors. This established Contract Goal shall i include all addendums and contract modifications. All determinations of compliance or non-compliance of the Proposer with the requirements of this 'Provision, and of the appropriate consequences of noncompliance, shall be made by the School Board 'of Palm Beach County, Florida, as provided herein. All such determinations shall be final and binding. 2.4 'M/WBE Proposers: A Proposer who is an M/WBE Certified Proposer may, subject to compliance with 1the applicable requirements of Section 1.4 of this Article, achieve the stated goal by performing with his I own forces work with a value equal to the percentage goal. I 2.5 Unavailable: An M/WBE Subcontractor is unavailable to do specific work if: , 1. He/She has been "timely" informed of the terms and specifications of the Contract and declines to submit needed to intelligently formulate a Proposal to do such work or to decline an opportunity to do so, but Timely informed is defined as being informed with sufficient time and information to formulate and submit a realistic Proposal. Proposers should document contract times and dates. I 2. He/She does not intend, or is unable to make a Proposal because of lack of interest, inability to meet the reasonable and ordinary demands connected with doing such work, unwillingness inability to meet the specifications for such work, unwillingness inability to work on this project or in this geographic area or such other reason as is determined by the School Board of Palm Beach County to be sufficient. 3.0 PROPOSAL REQUIREMENTS AND PROCEDURES PRIOR TO CONTRACT AWARD: I 3.1 Pre-Award Submittals: i As a condition of contract award, if applicable, the Proposer shall submit to the Owner the following documents (utilizing copies of Owner provided standard forms, Attachments A, B, C, and D) concerning M/WBE Proposer and Subcontractor participation in the contract: ! 00090-3 1. Letter of Intent-MIWBE Subcontractor Participation: A letter, to the Proposer from each prospective · Certified MIWBE Subcontractor that has agreed to participate in the project, stating Trade Items, and dollar amounts (PBSD FORM -1525 Attachment A). I I 2. Summary-MIWBE Subcontractor Participating: Wherein all Subcontractors are listed, together with :their Contract (Trade) Items, and subcontract dollar value amounts (PBSD FORM 1528-Attachment B). The total MIWBE subcontract dollar value amount is compared to the total Proposal Price (Base ·Proposal and Alternates) as a percentage(%), which should equal or exceed the Contract Goal as stated ·in Section 00030. , 3. Unavailability Certification-MIWBE Subcontractor Participation: If the Proposer is unable to obtain ' , adequate MIWBE Subcontractor Participation to meet the Contract Goal, he/she should request fexecution of PBSD FORM 1629 -Statement of Good Faith Efforts-(Attachment C) for each MIWBE Subcontractor he/she has solicited, but who cannot participate for reasons of their own. This is necessary to show good faith effort on the Proposers part to meet the Contract Goal. . Failure to submit the requested forms within the allotted time will render a Proposal non-responsive. I I 3.2 Good Faith Efforts Non-compliance Supplement: ' If the P.roposer is unable to obtain adequate MIWBE Subcontractor Participation to meet the Contract Goal, he/she: shall request execution of Attachment C, MIWBE Form 1629 (Good Faith Efforts Non-compliance Supplement), and Attachment D, Form 1527 (Statement of Good Faith Efforts) for each MIWBE Subcontractor he/she has solicited, but who cannot participate for reasons of their own. This is necessary to show good faith I effort on the Proposer's part to meet the Contract Goal. If the information submitted in response to the previous paragraph demonstrates a Proposer does not meet the MIWBE Subcontractor Goal, the Proposer shall submit information sufficient to satisfy the School Board of Palm Beach County, Florida that the Proposer has made good faith efforts. In order for the Board to approve the proposed Proposal submitted by the Proposer if it has failed to meet the MIWBE Subcontracting Goal, the School Board of Palm Beach County, Florida must determine that the Proposer's efforts were those that a reasonable Proposer actively and aggressively seeking the goal would make given all relevant circumstances. l In making the required judgment, the School Board of Palm Beach County, Florida may consider the kinds of efforts listed below in Article 3.3 and the Proposer's past history of meeting or exceeding the goals. The Palm Beach ,County School Board, Florida reserves the right to deny award of a contract to any firm that violates its policy or fails to make a good faith effort in attempting to comply. 3.3 ; Recommendations for Meeting Goals: In determining whether or not a Proposer has made good faith efforts the School Board Palm Beach County, Florida· will look not only at the different kinds of efforts that a Proposer made, but also the quantity and intensity of these efforts. The School Board of Palm Beach County, Florida does not insist the Proposer do any one or any particular combination of things on the list, nor is the list exclusive or exhaustive. Other factors or type' of efforts may be relevant in appropriate cases. i This is not a mandatory checklist. The School Board of Palm Beach County, Florida does not insist the Propo~ers do any one or any particular combination of things on the list, nor is the list exclusive or exhaustive. Other factors or type of efforts may be relevant in appropriate cases. In determining whether or not a Proposer has made good faith efforts the School Board of Palm Beach County, Florida will look not only at the different kinds of efforts that a Proposer made, but also the quantity and intensity of these efforts. ; 00090-4 3.4 Good Faith Efforts are as follows: ' 1. i 2. 3. ~ 4. : 5. '6. : 7. '8. I I 9. 10. The Proposer attended pre-proposal meetings as advertised and scheduled by the School Board of Palm Beach County, Florida to inform M/WBE Subcontractors of subcontracting opportunities; The Proposer provided written notice (return receipts for certified mail, facsimile transmission records, etc.) that at least three quarters (3/4) of the certified M/WBE Subcontractors (applicable to this project) were contacted in sufficient time to allow them to participate effectively. The list is available through the School District of Palm Beach County's, Director of the Office of Diversity in Business Practices. The Proposer, in order to increase the likelihood of meeting the goal, selected portions of the work to be performed by M/WBE Subcontractors that could be separated into economically feasible units to facilitate M/WBE Subcontractor participation; The Proposer provided interested M/WBE Subcontractors with adequate information about the plans, specifications and requirements of the contract; The Proposer negotiated in good faith with interested M/WBE Subcontractors, not rejecting M/WBE Subcontractors as unqualified without reasons based on a thorough knowledge of their capabilities; The Proposer contacted the Director of Office of Diversity in Business Practices for direct referral of Certified M/WBE Subcontractors; The Proposer maintained records listing name, address, type of trade, and described results of contact with each M/WBE Subcontractor with regard to each prospective contract opportunity; The Proposer notified the Director of Office of Diversity in Business Practices whenever he could not successfully locate qualified M/WBE Subcontractors; The Proposer engaged in specific and continuing personal recruitment efforts directed at Minority Proposer's organizations, Minority recruitment organizations, and Minority Business Assistance Centers, and the Minority Business Development Center (MBDC). The Proposer has visited the School District's internet website at www.palmbeachschools.org/mwbe and selected "MWBE Vendor Directory" from the site contents listing. Meeting the goal or making good faith efforts to do so is a requirement of being awarded this contract. I I 3.5 Unless otherwise approved by the School Board of Palm Beach County, Florida, the listing of a M/WBE Subcontractor by a Proposer shall constitute a representation by the Proposer that such entity is qualified and available, and a commitment by the Proposer that, if awarded the contract, the Proposer will enter into a subcontract in an amount as set forth in its submittal, subject to the terms of the Contract Documents. 3.6 Counting M/WBE Subcontractor Participation Toward Contract Goal: 3.6.1 M/WBE Subcontractor participation shall be counted toward meeting the goal as follows: 1. Once the School Board of Palm Beach County, Florida has determined a firm to be an eligible M/WBE Subcontractor, the total dollar value of the contract awarded to the M/WBE Subcontractor is counted toward the goal, except as limited by paragraph (2) through (4), below. 2. The School Board of Palm Beach County, Florida will count toward the goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of the ownership and con- trol of the M/WBE Subcontractor partner in the joint venture. 00090-5 3. The School Board of Palm Beach County, Florida shall count toward the goal only expenditures to M/WBE Subcontractors that perform a useful function when he is responsible for execution of a distinct element of work of a contract and carrying out his responsibilities by actually performing and supervising the work involved. ' 4. Consistent with normal industry practices, an M/WBE Subcontractor may enter into subcontracts. If such an entity subcontracts a significantly greater portion of the work of the contract than would be expected on the basis of normal industry practices to non-M/WBE Subcontractors, the entity shall be presumed not to be acceptable as an M/WBE Subcontractor. 3.6.2 Recommendation of Award: The following requirements mus_t be accomplished for a Recommendation of Award: 1. Pre-Conciliation Conference: If the Director of Office of Diversity in Business Practices and Director of The Purchasing Department questions the acceptability of the Proposers M/WBE Subcontractor submittals, the Proposer shall, upon at least five (5) calendar days notice given by the Director of Office of Diversity in Business Practices, meet with the Director of Office of Diversity in Business Practices and the Director of the Purchasing Department to present information and arguments pertinent to his compliance with the applicable requirements. 2. Not later than ten (10) calendar days after this initial meeting with the Proposer, the Director of Office of Diversity in Business Practices and the Director of the Purchasing Department- Construction shall make a written recommendation to the Executive Director of Facility Management Services as to the acceptability of the M/WBE Subcontractor involved which shall include a statement of the facts and reasons upon which it is based. a. If the Director of Office of Diversity in Business Practices and the Director of the Purchasing Department cannot recommend award, they will have examined the submittal of the second place Proposer or other Proposers in order of Proposal standing who have requested to remain in competition by submitting the required M/WBE data as defined in paragraph 3.1, and will present the comparison to the Executive Director Facility Management Services for mutual recommendation to the Board for award or rejection of all Proposals. b. If the recommendation is for award, and the Executive Director of Facility Management Services is in agreement, a recommendation for award will be made immediately to the School Board of Palm Beach County, Florida and posted as described in another section of these documents. 3.6.3 Award of Contract: Provided the Proposer has submitted completed forms and information required by this Article of the Special Conditions and his Proposal is otherwise responsive to the solicitation, the School Board of Palm Beach County may award the contract to the Proposer who submits sufficient information to the School Board of Palm Beach County that he has met the contract goal or has made good faith efforts to meet the goal. • 4.0 ' REQUIREMENTS AND PROCEDURES SUBSEQUENT TO CONTRACT AWARD: I 4.1 • Substitution of M/WBE Subcontractors: ' . 4.1.1 'Excuse from Entering Subcontracts: If prior to execution of a subcontract required by this Article, the Propos:er submits a written request and demonstrates to the satisfaction of the Director of the Purchasing Department that, as a result of a change in circumstances beyond his control of which he/she was not aware and could not reasonably have been aware prior to the award of the Contract, an M/WBE Subcontractor who I 00090-6 ------------------------------------------- was to enter into such subcontract has not qualified, or that the M/WBE Subcontractor has unreasonably refused to execute the subcontract, the Proposer shall be excused from executing such contract with that Subcontractor, who will be replaced with another acceptable Certified M/WBE Subcontractor, if possible (or available). 4.1.2 Termination of Subcontracts: If, after execution of a subcontract required by this Article, the Proposer submits a written request to the School Board of Palm Beach County, Florida and demonstrates to the satis- faction of the Director of the Purchasing Department that, as a result of a change in circumstances beyond his control of which he was not aware prior to the date of execution of such subcontract, an M/WBE Subcontractor who entered into such subcontract has committed and failed to remedy a material breach of the subcontract, the Proposer may proceed to exercise such rights as may be available to him to terminate the subcontract. 4.1.3 Alternative Subcontracts: If the Proposer is excused from preparing a subcontract under Paragraph 4.1.1 or rightfully terminates a subcontract under paragraph 4.1.2 and without such subcontract the successful Propos'er will not achieve the level of M/WBE Subcontractor participation upon which the contract was awarded, the Proposer shall make every reasonable effort to propose and enter into an alternative subcontract or subcontracts for the same work to be performed by other Certified M/WBE Subcontractor(s) for a contract amount totaling not more than the contract amount under the excused or terminated subcontract less all amounts previously paid thereunder. 4.1.4 Compliance with Contract Goal: The Proposer shall be deemed to be in continued compliance with the established goal for M/WBE Subcontractor Participation if following the situation described below: ' a. The Proposer shall negotiate with the next lowest Certified M/WBE Subcontractor, and, if necessary, b. The Proposer shall rebid the portion of the Work. The Proposer shall notify all current Certified M/WBE firms qualified to complete that portion of the Work 4.1 Monthly Monitoring Report (Monthly Minority//Women Business Enterprises Subcontractor/ Subcontractor (including M/WBE) Utilization Report PBSD FORM 1528 (Attachment B). 4.3 The Proposer holding a contract containing a contract goal shall submit an executed and notarized or corporate sealed monthly Minority/Women Business Enterprise Subcontractor/Sub consultant (including M/WBE) Utilization Report -PBSD FORM 1528 in Attachment B -monthly "M/WBE Subcontractor I Subcontractors Utilization Report " with the "Application and Certification FORM" -(AlA G702) to the appropriate Disaster Emergency Response Personnel. 4.4 The sample report and the instruction therefore are attached in Attachment B. Forms for actual submittal will be available to the Proposer at the Preconstruction Conference, or from the Office of Diversity in Business Practices, Fiscal Accounting Department. Understand the application for payment will not be processed without "PBSD FORM 1528". If the M/WBE draw for a particular month is zero dollars, the vendor shall submit and executed and notarized PBSD FORM 1528, indicating zero payments for that month. 4.5 Noncompliance with Monthly Monitoring: Should the Proposer fail to comply with the provisions of Paragraph 4.4, he is subject to default of his contract. ' ' END OF SECTION 00090-7 SECTION 00200 INSURANCE REQUIREMENTS The School Board of Palm Beach County must be named as an additional insured on all general liability, automotive and all other applicable policies required in this contract. 1.0 LjABILITY INSURANCE I 1.1The'Contractor shall purchase and maintain such insurance that will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Insurers providing the insurance required by this contract must meet the following minimum requirements: a. Be authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of the State of Florida or be eligible surplus lines insurers under Florida Statute 626.918, and b. Must have a current rating of "A-" or better and a Financial Size Category of "IV" or better according to the most recent rating in effect by the A.M. Best Company. 1.2 WORKERS' COMPENSATION I 1.2.1 rThe Contractor shall be in compliance with Chapter 440, Florida Statutes. Employers' Liability shall have minimum limits of: I Part One: Statutory Part Two: $100,000 Each Accident I $500,000 Disease-Policy Limit $100,000 Disease-Each Employee 1.3 COMMERCIAL AUTOMOBILE LIABILITY I 1.3.1 ;commercial Automobile Liability shall be required with limits of at least One Million Dollars ($1 ,000,000.00) for each accident for Bodily Injury and Property Damage Combined for owned, hired and non- owned 'automobiles. 1.4 COMPREHENSIVE GENERAL LIABILITY ! 1.4.1 The Contractor shall purchase and maintain Comprehensive General Liability Insurance including Products/Completed Operations, Personal and Advertising Injury, Contractual Liability on a form no more restrictive than that provided by the most recent version of standard Commercial General Liability Form (ISO Form CG 00 01). In addition, unless the Owner waives the requirement in writing because there is no exposure the coverage will also include Independent Contractors, Explosion, Collapse and Underground Liability. Limit of liability! shall be a minimum of One Million Dollars ($1 ,000,000) Each Occurrence, One Million Dollars ($1 ,000,000) General Aggregate. I I 1.5 BUILDER'S RISK INSURANCE (if applicable) I I 1.5.1 !The Owner shall procure and maintain for the life of the Project, Builder's Risk Insurance. In the event of a claim, the Contractor shall be responsible to reimburse the Owner up to $25,000.00 for Owner policy deductibles on all perils including named windstorm, flood or earthquake damages. A copy of the Binder outlinin'g established coverage shall be provided to the Contractor upon request. I 00200-1 1.61NSTALLATION FLOATER I 1.6.1 .An Installation Floater, in the amount equal to 100 percent of value of the materials to be installed. Examp'les include: air conditioning equipment, boilers, aluminum railings, plumbing fixtures, processing machinery from manufacturing plants, and similar items. Coverage must be written on an All Risk basis, and the School District of Palm Beach County must be listed as an additional insured. All deductibles are the responsibility of the Contractor and must not exceed $5,000. Ten (1 0) days written notice must be provided to the School District of Palm Beach County via Certified Mail in the event of impending cancellation. 1. 7 WAIVER OF SUBROGATION 1. 7.1 ;Where applicable the insurance required of the Contractor shall include a waiver of subrogation in favor of the Owner. 1.8 CERTIFICATE OF INSURANCE 1.8.1 , Certificates of Insurance shall be filed with the Owner by the Contractor prior to commencement of the Work. The Certificates shall contain a provision that coverages afforded under these policies will not be cancell,ed until at least ten (10) days prior written notice has been given to the Owner. 1.9 RECEIPTS AND APPLICATION OF PROCEEDS 1.9.1 Any loss insured under Subparagraph 1.1 is to be adjusted with the Contractor and Owner and made payable to the Owner as trustee for the insurees, as their interest may appear, subject to the requirements of any applicable mortgagee clause. The Contractor shall pay each Sub-Contractor a just share of any insurance money received by the Contractor and by appropriate agreement, written where legally required for validity, shall require each Sub-Contractor to make payment to his Sub-subcontractors in a similar manner. 1.9.2 'The Owner as trustee shall, upon the occurrence of any insured loss, deposit in a separate account any money, so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If after such loss no other special agreement is made, replacement of damaged work shall be covered by an appropriate Change Order. 1.10 INDEMNIFICATION I HOLD HARMLESS AGREEMENT 1.1 0.1 The Contractor shall, in addition to any other obligation indemnify the School District of Palm Beach County and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the School District, their agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses (Including economic losses), costs arising out of any actual or alleged: A. bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual or alleged act of omission of the Contractor, anyone directly or . indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; or B. :violation of law, statute, ordinance, governmental administration order, rule or regulation by Contractor :in the performance of the work; or I C. liens, claims or actions made by the Contractor or other party performing the work. The Contractor hereby acknowledges receipt of One Hundred Dollars ($100.00) and/or other good and valuable consideration from the Owner in exchange for giving the Owner the indemnification provided in accord with a~plicable agreement provisions. END OF SECTION 00200-2 SECTION 00250 PERFORMANCE AND PAYMENT BOND The awarded Contractor(s) will be required to furnish a one hundred percent (100%) Performance Bond and Labor and Material Payment Bond in the form prescribed in this RFP for every project over $200,000.00. A Performance Bond containing all the provisions of the Performance Bond. A Labo_r and Materials Payment Bond containing all the provisions of the labor and materials Payment Bond included in this section . . I The Performance Bond and Labor and Material Payment Bond shall be written on the Forms included in this section. (Pages 00250-3 through 00250-7) BOND REQUIREMENTS The Contractor shall furnish bonds and maintain throughout the duration of the Project and until one (1) year after Final Completion and acceptance of the Work as provided in Florida Statutes 255.05 et seq, covering the faithful 'performance of the Contract and payment of all obligations arising thereunder. Bonds shall be secured by the Contractor from a surety company licensed in the State of Florida with an "A" or better rating and "Class X" or better financial size according to the most recent edition of the Best's Key Rating Guide published by A.M. Best Company, A.M. Best Road, Oldwick, NJ 08850. I The successful Contractor shall be required to provide Surety Bonds in the amount of 100% of the Contract amount. The required premiums shall be paid for by the successful Contractor and shall be included in the Base Bid. I In addition to the above-minimum qualifications, the Surety company must meet at least one of the following additio~al qualifications: The S~rety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, current revision (31 CFR Section 223.10 Section 223.111 ). Further, the surety company shall provide the Owner with eviden~e satisfactory to the Owner, that such excess risk has been protected in an acceptable manner. TIME OF DELIVERY AND FORM OF BONDS The Contractor shall deliver the required bonds to the Owner within eight (8) Owner Business days, after the award of the project by the School Board of Palm Beach County, Florida. The Performance Bond and Labor and Materials Payment Bond shall be written in the amount of the Contract Sum and shall continue in effect for one (1) year after completion and acceptance of the Work. The Bonds shall be dated on or before the date that the project is approved and the purchase order delivered. The Cbntractor shall require the Attorney-In-Fact who executes the required Bonds on behalf of the Surety to affix thereto a certified and current copy of the Power of Attorney. ' Pursuant to the requirements of the Chapter 255.05 (1 )(a), Florida Statutes, Contractor shall ensure that the Bond or Bonds referenced above shall be recorded in the public records of Palm Beach County. Proof of recordtion must be submitted to the Contracting and Procurement Department. Thus, two (2) sets of originals are required-one (1) for the School District and one (1) for the County. 00250-1 SAMPLE LETTER OF INTENT FROM SURETY (Instructions: Contractor shall obtain a letter from his bonding company to provide the information required as shown below, and submit with your proposal.) (Official Letterhead of the Bonding Agent/Company) To: The School Board of Palm Beach County c/o Construction Purchasing Department 3661 Interstate Park Road North, Suite 209 Riviera Beach, FL 33404 'This is to advise that until further notice in writing to you, we agree to provide suretyship on . behalf of -------=---=-------------=covering general contractor :services in the amount of $. ___________ for any single contract and 1 $ ______ in the aggregate of outstanding contracts. f I When more than one surety is included in this letter of intent, unless clearly indicated to the ,contrary on this letter of intent, and separate limit indicated for the surety on this letter of intent, each surety agrees that it shall be jointly and severally liable with the other sureties included on I this letter of intent. ·Our Best Ratings for performance and size are: PERFORMANCE RATING: ___ (A or better required) FINANCIAL SIZE:------------- Name of Surety: ______________ ___ By: _________ __ Title I (Affix Seal) I Sworn and subscribed before me this ___ day of _____ , 2012 . Notary Public State of: ____ _ My Commission expires: _____________ _ ! ______________________ _ Printed, typed or stamped commissioned name of notary public I 00250-2 PERFORMANCE BOND STATE OF FLORIDA, COUNTY OF PALM BEACH Bond Number I KNOW ALL MEN BY THESE PRESENTS: Thatwe, --------------------------------------------------------------------- (hereinafter called the "Principal", and (hereinafter called the "Surety") and are held firmly bound unto THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA as Obligee (hereinafter called the "Owner") in the sum of: ----~------------------------------------------<$ fur the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally for the faithful performance of a certain written contract (hereinafter "contract"), dated this day of , 20 , entered into between the Contractor and the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, for: I l PROJECT NAME: I PROJECT NUMBER: t I A copy1of which said contract is incorporated herein by reference and is made a part hereof as if fully contain1ed herein. · NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH: The conditions of Florida Statute' 255.05 are met and that, if the Principal (Contractor) shall in all respects comply with the terms and conditions of said contract, and his obligations thereunder, including the Contract Documents (which include but is not limited to the Notice, Proposal, Construction Agreement, Contract Bond, Instructions to Proposers and the General Supplementary Conditions, Special Conditions, the Drawings and Specifications referred to and made a part thereof, including all modification as provided for), and shall indemnify and save harmless the said Owner from and against any and all liability, loss, costs, expenses or damages including reasonable attorneys' fees, engineering and architectural fees which said Owner may incur or which may be imposed upon it by reason of any negligence, default or misconduct, or any combination thereof, including patent infringement, on the part of said Contractor, Owners or employees, in the execution of performance of said contraCt, including the guarantee, warranty, and indemnity provisions this obligation shall be void; otherwise, the Principal and Surety jointly agree to repay to and reimburse to said Owner, promptly upon demand, all sums of money, including reasonable attorneys' fees, architects and other professional services and any damages, direct or indirect, or consequential, reasonably incurred, paid out or expended by the Owner on account of the failure or refusal of the Contractor to carry out, do, perform or comply with any of the terms and provisions of said contract at the time and in the manner therein provided. And the said Contractor and Surety hereby further bind themselves, their successors, executors, admini~trators and assigns, jointly and severally that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or damage arising ;from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same, or the neglect of the said Contractor or his owners or servants, or the improper performance of the said work by the Contractor or his owners or servants, or the infringements of work done, as aforesaid, or otherwise. ' 00250-3 --~-------------------------------------- And whenever Contractor's Services shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions or 2. Obtain a Proposal or Proposals for submission to Owner for completing the Contract in accordance with its terms and conditions and upon determination by Owner and Surety of the lowest responsible Proposer, arrange for a contract between such Proposer and Owner, and make available as work progresses (even though I there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay cost of completion less the balance of the Contract price. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. And the said Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying the same, or noncompliance with any formalities connected with the Contract shall in any way affect its obligation on this bond, and it does hereby waive notice of any such damages, extension of time, alterations or additions to the terms of the Contract or to the Work or to the Specifications. Contractor and Surety expressly acknowledge that any and all provisions relating to consequential, delay and liquidated damages contained in the contract are expressly covered by and made a part of this Performance Bond. 'Contractor and Surety acknowledge that any such provisions lie within the scope of their obligations and the conditions of this instrument. Signed and sealed this ___ day of _______ in the year Two Thousand and ____ _ I (Witness) (Witne~s) (Principal) (Seal) (Principal Business Address) (Title) (Surety) (Seal) (Principal Business Address for Notice or Communication relating to this Bond) (Title) 00250-4 LABOR AND MATERIAL PAYMENT BOND BOND NUMBER This Bond is issued simultaneously with performance bond in favor of the Owner conditioned on the full and faithful performance of the Contract KNOW, ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called "Principal", and, (Here insert full name and address or legal title of Contractor) (Here insert full name and address or legal title of Surety) as Surety, hereinafter called "Surety", are held and firmly bound unto The School Board of Palm Beach County, Florida 3300 Forest Hill Boulevard West Palm Beach, Florida 33406-5869 as Obligee, hereinafter called "Owner", for the use and benefit of claimants as herein below defined, in the amount of Dollars($) (Here insert a sum equal to the Contract Price) for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHER~AS, Principal has by written agreement dated --------· entered into a contract with the Owner for: PROJECT NAME: PROJECT NO: PROJECT LOCATION: in accordance with Final Drawings and Final Specifications approved by the Owner and prepared by NAME OF PROPOSING FIRM STREET ADDRESS OF FIRM CITY STATE ZIP PHONE FAX which contract is by reference made a part hereof, in its entirety, and is hereinafter referred to as the Contract. I 00250-5 LABOR AND MATERIAL PAYMENT BOND I THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated 20 between Principal and Owner for Contractor of, _______ the contract being made a party of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorneys' fees, including appellate proceedings, that O~ner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. I 5. Any: changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. 6. The !penal sum of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of construction liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against the bond. 7. PrinCipal and Surety expressly acknowledge that any and all provisions relating to consequential, delay and liquidated damages contained in the contract are expressly covered by and made a part of this Labor and Material Payment Bond. Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this instrument. I I 8. Section 255.05, Florida Statutes, as amended, together will all notice and time provisions contained therein, is inco~porated herein, by reference, in its entirety. This instrument regardless of its form, shall be construed and deemed a statutory bond issued in accordance with Section 255.05, Florida Statutes. 9. Any 'action brought under this instrument shall be brought in the court of competent jurisdiction in the county in which the Project, or any part thereof, is situated (i.e. Palm Beach County), and not elsewhere. 00250-5 Signed and sealed this ___ day of _______ in the year Two Thousand and ___ _ (Witness) (Witness) (Principal) (Seal) (Principal Business Address) (Title) (Surety) (Seal) (Principal Business Address for Notice or Communication relating to this Bond) (Title) END OF SECTION. 00250-7 SECTION 00260 CONTRACTOR'S RESPONSIBILITIES GENERAL: The successful proposer (hereinafter referred to as the contractor) will furnish, at their expense, all labor, materials, transportation, technical expertise, supervision, licensing, and permits, in compliance with all of the requirements set forth in the Educational Specifications, District Master Specifications, Florida Building Code, Florida Accessibility Codes and all other applicable Specifications. The contractor shall be responsible for the protection of all buildings, structures, and utilities that are underground, above ground, or on the surface from their operations that may be hazardous and/or damaging to said facilities. It shall be the Contractors responsibility to conduct research on existing infrastructure and incorporate relocation of systems and utilities within the cost and scope of each project. In addition, cost of subsurface utility mapping (i.e. ground penetrating radar, etc.) shall be included within the scope. The contractor shall be responsible for the protection of all personnel against hazards and/or injuries due to their construction operation at the work site. Contractor shall be responsible for correction/replacement, according to local codes and School District's satisfaction, of all water lines, sanitary lines, electrical lines, curbs, sidewalks, streets, parking lots, grassed areas, etc., broken or damaged as the result of contractor's operations. Contractor shall be responsible to safeguard all of their tools equipment, signs, barricades, etc. while operating on any school site. The district assumes no responsibility for act of theft or vandalism which may occur while contractor's equipment is located on any school district site. Contractor shall provide for cost of temporary construction trailer if required by the District. Contractor shall not inhibit access to school centers during pursuit of work specified herein. Contractor shall leave work site in a neat and orderly fashion at the end of each work day. During academic testing there where the contractor will be prevented from working, there shall be no cost impact to the District. The contractor shall be responsible to ensure frequent pick-up of all rubbish, refuse, scrap materials, and debris as a result of their operations so that work site presents a neat and orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the premises. Rubbish shall NOT be deposited as fill on the work site. At completion of work, the contractor shall remove all work materials, tools, construction equipment, machinery, and surplus materials from the work site and shall leave project in ready to use condition. Contractor or a representative, daily while on campus shall sign in at the school center's main office prior to commencing any work and shall sign out at school's office prior to leaving campus unless prior written exception has been obtained. Contractor will remedy any and all damage to property by acts of omission, or vandalism which occur as a result of their work. Contractor shall provide due care at all times while performing any task at any district controlled location to cordon off, barricade, and/or post signs to maintain a safe distance to avoid creating hazardous condition for pedestrians, property, and vehicles. The contractor shall at all times enforce strict discipline and good order among their employees and shall not employ on the work any unfit person or anyone not skilled in the task assigned to them. 00260-1 The contractor shall supervise and direct the work, using their best skill and attention. The contractor shall be solely responsible for all construction means, methods, techniques, work sequences and procedures and for coordinating all portions of the work under the contract. The contractor shall be responsible to the Owner for the acts and omissions of their employees, subcontractors and their owners and employees and any other persons performing any of the work under a contract with the contractor. The contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and any other information known to the contractor as may be provided by the owner before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the owner at once. The contractor shall not be relieved of obligations to perform the work in accordance with the contract documents either by activities or duties of the owner or of the contract or by test inspections or approvals required or performed by persons other that the contractor. The contractor shall have a English-speaking, supervisor/representative on the work site at all times, who shall be thoroughly knowledgeable of all plans, specifications, and other contract documents and has the authority to act in the contractor's behalf. The contractor shall be responsible for the appearance of all working personnel assigned to the projects (clean and appropriately dressed) at all times, and their compliance with School Board Policies and Rules prohibiting smoking and consumption of alcohol and illegal drugs while on campus. Contractor shall be responsible for off-loading, unpacking/uncrating all materials and equipment at the job site and install railings in accordance with specifications herein and all attachments. Contractor shall ensure all work is installed straight, level, plumb and in a workmanlike manner. The contractor's invoice must be itemized on an AlA G702 (Application for Payment) form with a ten (10%) percent retainage withheld to provide a complete accounting of services performed. The contractor shall not proceed with any project until a written purchase order has been received and bonds and insurance have been delivered to the District. The contractor must obtain prior written approval on all costs before the additional work is started. Changes must be submitted on an AlA A701 form. The contractor shall provide a preliminary progress schedule to the District based on each project and submit it to the School District designated contract person. The schedule shall include estimated commencement and completion dates. The contractor shall provide an emergency after-hour phone number and contact person. All contractors awarded projects under this bid will be issued identification badges and must sign in and out in the school's main office during normal working hours at each School District site. School has a book located in the main office identifying areas that contain asbestos. Should any vendor/employee in the performance of this contract encounter materials that they suspect are embedded with asbestos, they should: 1. Stop all work at the site and do not disturb the area of suspicion. 2. Call the appropriate trade supervisor and advise them of the discovery. 3. Leave the site until the materials can be analyzed. 00260-2 POSSESSION OF FIREARMS: Possession of firearms will not be tolerated on School District property. "Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive device; or any machine gun. No person who has a firearm in their vehicle may park their vehicle on School District property. Furthermore, no person may possess or bring a firearm on School District property. If any employee of an independent contractor or sub-contractor is found to have brought a firearm on School District property, said employee will be terminated from the School Board project by the independent contractor or sub-contractor. If the sub-contractor fails to terminate said employee, the sub-contractor's agreement with the independent contractor for the School Board project shall be terminated. If the independent contractor fails to terminate said employee or fails to terminate the agreement with the sub-contractor who fails to terminate said employee, the independent contractor's agreement with the School Board shall be terminated. TRENCH SAFETY ACT: The Contractor shall comply with the Trench Safety Act, Chapter 90-96, Florida Statutes and the Occupational Safety and Health Administration Standard 29 C.F.R.S. 1926.650, subpart P. The Contractor shall be required to design a Trench Safety System and provide the Owner with the following information should trench excavation be in excess of five (5) feet. The project specific proposals submitted by the Contractor to perform such excavation shall include: A reference to the trench safety standards that will be in effect during the period of construction of the Work. Written assurance by the Contractor performing the trench excavation that such Contractor will comply with the applicable trench safety standards. A separate item identifying the cost of compliance with the applicable trench safety standards. (Trench Safety Act Compliance Statement, Attachment E) A Contractor performing trench excavation shall: As a minimum, comply with the excavation safety standards, which are applicable to the Work. Adhere to special shoring requirements, if any, of the State or other political subdivision, which may be applicable to such Work. If any geotechnical information is available from the Owner, the Contractor, or otherwise, the Contractor performing trench excavation shall consider this information in the Contractor's design of the trench safety system which will be employed on the Work. This paragraph shall not require the Owner to obtain geotechnical information. The separate item identifying the cost of compliance with Trench Safety standards shall be based on the linear feet or cubic yards of trench to be excavated. The separate item for special shoring requirements, if any, shall be based on the square feet of shoring used. Every separate item shall indicate the specific method of compliance as well as the cost of that method. The Contractor shall prepare and submit a form containing the costs required by the paragraphs above. CODE OF FEDERAL REGULATIONS, LABOR-29 PART 1926 LATEST REVISION: The Contractor shall adhere to all pertinent rules and regulations including, but not limited to, Code of Federal Regulation, Labor -29, Part 1926, (Latest Revision). 00260-3 DECLARATION OF ALCOHOL AND DRUG FREE ZONE: The Contractor will take reasonable precautions for safety of the Work. To enhance the safety of the site, the Contractor shall prohibit all alcoholic beverages and drugs there from. The Contractor shall post signage indicating that the Job Site is an "Alcohol and Drug Free Construction Site" and such acts are prohibited by the Contract with the Owner. RESTRICTION AGAINST PERFORMANCE OF HAZARDOUS CONSTRUCTION ACTIVITY DURING OCCUPIED SCHOOL HOURS: The Contractor shall not perform any hazardous construction activity during occupied school hours. Such activity includes, but is not limited to hoisting of materials over occupied areas, heating and application of solder, heating of asphalt or coal tar pitch. Work requiring the performance of hazardous construction activity shall be scheduled during unoccupied school hours. PAYMENT TERMS: Invoices to the School District MUST include the following to permit verification of prices and expedite payment to vendors. Therefore, every invoice MUST list the items below where applicable: 1. Purchase order number. 2. Name and address of vendor, a unique invoice number and completion of work. 3. Detailed description of project with labor and materials and photo documentation. 4. Short Form Agreement (Attachment G) 5. Name and address of the location where project was completed. 6. All original invoices must be mailed to Accounting Services/Accounts Payable as listed on the right top corner of the purchase order. Failure to correctly invoice in accordance with these guidelines may result in delay of payment. No payment will be made on partial shipments. LIQUIDATED DAMAGES: It is mutually agreed by and between the parties hereto that time shall be an essential part of this Contract, and that in case of the failure on the part of the Contractor to achieve contractually scheduled completion within the time specified and agreed upon, the Owner will be damaged thereby; and the amount of said damages, inclusive of expenses for inspection(s), Architect's additional fees, as well as additional personnel, superintendents, and necessary traveling expenses, being difficult if not impossible of definite ascertainment and proof, it is hereby agreed that the amount of such damages shall be the appropriate sum set forth below in the Schedule of Liquidated Damages as liquidated damages for every calendar day's delay in finishing the Work in excess of the number of calendar days prescribed; and the Contractor hereby agrees that said sum shall be deducted from monies due Contractor under the Contract or, if no money is due the Contractor, the Contractor hereby agrees to pay to the Owner as liquidated damages and not by way of penalty, such total sum as shall be due for such duly computed aforesaid. Schedule for Liquidated Damages: Liquidated Damages* Project Cost (Pre/Post Substantial Completion Rates) Less than $100,000 $500/$125 per day Between $1 00' 000-$500' 000 $1,000/$250 per day Between $500,000-$1,000,000 $2,500/$625 per day Over $1,000,000 $5,000/$1,250 per day *Liquidated Damages daily rates after Substantial Completion are at the rate of 25% of the daily rate prior to Substantial Completion. END OF SECTION 00260-4 SECTION 00300 EVALUATION 1.0 GENERAL OVERVIEW The purpose of the Evaluation Process is to equitably judge each proposal submitted in response to the requirements specified by the Request for Proposal. Each responsive proposal will be evaluated by each Selection Committee member using the process outlined herein. Final award is subject to approval by the School Board of Palm Beach County. All issues and questions regarding this project shall be addressed through the Construction Purchasing Department. There shall be no communication between Committee Members or their Staff and the Proposers or their sub-contractors. Committee Members are not allowed to meet separately and discuss the project or contents of the proposals. The Committee meeting for each evaluation phase will be scheduled in accordance with F.S. 286.011 and held at the School District of Palm Beach County. 1.1 EVALUATION PROCESS PHASE 1 --THE COMMITTEE EVALUATES ALL RESPONSIVE PROPOSALS TO ESTABLISH THE "SHORTLISTED" FIRMS. THE PROPOSERS RANKED 1, 2 AND/OR 3 WILL BE "SHORTLISTED" AND WILL BE SCHEDULED FOR SITE VISIT EVALUATIONS. FIRMS SCORING A MININUM OF 75% OF POINTS POSSIBLE ON THEIR SITE VISIT EVALUATION FORM WILL MOVE FORWARD TO PHASE 2 OF THE SELECTION PROCESS. PHASE 2--THE COMMITTEE OPENS AND EVALUATES HYPOTHETICAL PROJECT COST SHEETS TO ESTABLISH #1 AND #2 RANKED PROPOSERS. Each phase of the evaluation process is divided into categories. Each Committee Member will award points for each category based upon their assessment of the Proposer's response to the requirements of the criteria described in each category. The points indicated as Points Possible are the maximum that may be awarded for each category. As specified in the criteria, the point award for certain categories shall be established and/or verified by Construction Purchasing or The Office of Diversity in Business Practices. The points awarded for all categories will be tabulated on a Tabulation form to achieve the Total Points awarded to each Proposer. The Tabulation Form shall be the basis for determining the ranking order of the Proposers for each phase of evaluation. The Total Points awarded to each Proposer will be ranked 1 ,2,3,4, etc. with the highest point total ranked 1, the next highest point total ranked 2, etc. A ranking of 1 is equal to 1 point; a ranking of 2 is equal to 2 points, etc. The ranking points of each Proposer will be tabulated from each Committee Member. The Proposer with the lowest total of ranking points will be #1, the next lowest will be #2, etc. The Proposers ranked 1, 2 and/or 3 will be "shortlisted" to advance to Phase 2 Evaluations. 1.2 SCORING CRITERIA-PHASE I The Evaluation Committee shall rank all proposals received, which meet the submittal requirements, in order to establish a pool of qualified proposers. The top three ranking Proposers will be selected for continuation of the evaluation process. The Scoring Criteria for Phase 1 is made up of categories that collectively represent a Grand Total Point Value of 145 points, as described herein. Each of the selection committee members will award points (using the Points Range for each Category) based upon their assessment of the Proposer's response to the requirements of the Criteria described in each Category. 00300-1 POINTS RANGES: The points ranges established within each category are based upon the following formula and rounded to the nearest whole number; Does not meet established criteria 0-30% of total points Meets established criteria 50-70% of total points Exceeds established criteria 80-1 00% of total points 1.3 EVALUATION CATEGORIES POINTS POSSIBLE Category 1 Category 2 Category 3 Category 4 Category 5 Experience and Qualifications of the Firm Experience and Qualifications of Staff Approach I Methodology M/WBE Subcontractor Participation Proposer as a Certified M/WBE GRAND TOTAL OF POINTS POSSIBLE PHASE I EVALUATION 55 40 30 10 10 145 POINTS CATEGORY 1-EXPERIENCE/QUALIFICATIONS OF THE FIRM ...................... 55 POINTS POSSIBLE Experience and Qualifications of the Firm: As available, Periodic Performance Evaluations for each Proposer will be provided to the Selection Committee for consideration. A) Provide a profile of each project which illustrates the experience of the firm. Consideration will only be given to projects comparable in scope and complexity. To be considered, a current project should be at least substantially complete. The Proposer should list a minimum of five (5) projects completed no more than five (5) years ago. Additionally list all current projects with the School District of Palm Beach County. Proposers shall submit the location and profile of: • the modular manufacturing facility, • 1 installation (placement) project completed within the past 18 months, • and at least 1 installation (placement) in excess of 5 years since completion. Project profiles should include: 1) Owners name, location of the project and scope of work. 2) The firm's responsibility on the project (delivery method). 3) The Owner's project representative's name, addresses, and phone number. 4) Size of project (construction cost, GSF and cosUGSF). 5) Construction commencement and completion. The Proposer may provide letters of recommendation relative to their submitted related project experience. Points will be awarded as follows, based on the Proposers ability to demonstrate their experience: CATEGORY 1 A ................................ .40 POINTS POSSIBLE Does not meet established criteria 0-12 Meets established criteria 20-28 Exceeds established criteria 32-40 00300-2 B) Submit Attachment H, provided in the RFP. This form shall be used shall be used to provide information relative to the firms inventory/availability of equipment and components required to successfully complete placement of modular units. Points will be awarded as follows, based on the Proposers ability to demonstrate available equipment: CATEGORY 1B ................................. 15 POINTS POSSIBLE Does not meet established criteria f-- Meets established criteria Exceeds established criteria 0-5 8-11 12-15 CATEGORY 2-EXPERIENCE/QUALIFICATIONS OF STAFF ........................... 40 POINTS POSSIBLE The experience and availability of the staff assigned to the project will be evaluated with specific attention to project related experience. Provide the organization chart as it relates to this Project indicating the key personnel and their relationship. The organization chart should be followed by resumes of the Project Executive, Project Manager, Project Superintendent(s), the individual(s) from the participating M/WBE firm(s) and the individual(s) assigned to administer Quality Assurance assigned to this project. Identify the availability of all Project Team Members from Preconstruction Phase through Final Completion. Information provided on each Project Team Members resume should include: Name and title. How many years with this firm? How many years with other firms? Experience: Types of projects. Size of projects (dollar value & SF of project). Describe the specific project involvement/responsibility Availability of Project Team Member from Preconstruction through Final Completion. Active registrations (P.E., G.C., etc.). Other experience and qualifications relevant to this project. Points will be awarded for experience/qualifications of Staff as follows: CATEGORY 2 ..................................... 40 POINTS POSSIBLE Does not meet established criteria 0-12 Meets established criteria 20-28 Exceeds established criteria 32-40 CATEGORY 3 -APPROACH I METHODOLOGY ................................................ 30 POINTS POSSIBLE Submit the processes used to achieve the timely completion of work outlined in Scope of Work. The Proposer shall clearly identify the processes and methods that it utilized for planning, scheduling, designing, manufacturing and placing modular classroom units to meet project schedule and budget requirements. Points will be awarded for Approach/Methodology as follows: CATEGORY 3 ...................................... 30 POINTS POSSIBLE Does not meet established criteria 0-9 Meets established criteria 15-21 Exceeds established criteria 24-30 00300-3 CATEGORY 4-M/WBE SUBCONTRACTOR PARTICIPATION ................. , .............. 10 POINTS POSSIBLE Scoring Criteria The Proposer must submit a list (Attachment !-Subcontractor Summary) of certified MIWBE firms that will be utilized during the term of this contract to meet or exceed the project MIWBE subcontractor participation requirement of 12%. The Proposer shall provide copies of their listed subcontractors current MIWBE certifications. Only a subcontractor certified by the School District of Palm Beach County (as defined in Section, 00830, Article 14, Paragraph 14.1.4) or by the State of Florida Office of Supplier Diversity shall be awarded points for this Category. Graduation (as described in Board Policy 6.143) and/or denial from District MIWBE Certification shall void certification and award of preference points for certification to the Proposer. The School Board of Palm Beach County Office of Diversity in Business Practices shall validate the Proposer's certification. Validation of the Proposer's Certification shall result in award of all Points Possible; otherwise, the point award shall be zero. CATEGORY 5-PROPOSER AS A CERTIFIED M/WBE ........................................ 10 POINTS POSSIBLE Scoring Criteria Proposers certified as African American MIWBE by the School District of Palm Beach County (as defined in Section, 00830, Article 14, Paragraph 14.1.4) or by the State of Florida Office of Supplier Diversity shall be awarded points for this Category. Graduation (as described in Board Policy 6.143) and/or denial from District MIWBE Certification shall void certification and award of preference points for certification to the Proposer. The Proposer shall provide a copy of their MIWBE certification. The School Board of Palm Beach County Office of Diversity in Business Practices shall validate the Proposer's certification. Validation of the Proposer's Certification shall result in award of all Points Possible; otherwise, the point award shall be zero. 1.5 SITE VISIT EVALUATIONS After the completion of Phase 1 Evaluation, the Site Visits will be completed. The committee shall meet and score the information provided in accordance with the Site Visit Evaluation Form (Attachment F). The points awarded will be tabulated to identify firms who score a minimum 75% or more of the Total Points and who will move forward to Phase 2 of the Selection Process. 1. 6 PHASE 2 EVALUATION The evaluation will consist of the opening of the Cost of Services Unit Pricing and Hypothetical Project Cost Sheets. The total score from the Site Visit Evaluation Form for each Proposer in Phase 2 is divided by their total cost on the hypothetical project to obtain a "points per dollar" measurement. The proposal with the greatest "points per dollar" represents the greatest value and is selected. The Firm with the lowest total Project Hypothetical price will be ranked #1, the next lowest will be ranked #2, etc. The #1 ranked firm will be awarded as the Primary Contract Firm and the .#2 ranked firm will be awarded as the Secondary Contract Firm. The Secondary Contract Firm shall be utilized when the Primary Contract Firm is unable to meet the Owner's schedule for completion of a specific project. 1. 7 TIE BREAKING PROCEDURE After completion of the Evaluation Process, whenever two or more Proposers are Ranked #1, for the purpose of determining the Top Ranking Proposer, all previously tabulated total point scores by each of the Committee Members are final. No further discussion or scoring revisions shall occur. The following tie-breaking procedures shall be followed: 1. DRUG FREE WORKPLACE SUBMITTAL: Pursuant to FS 287.087, the Proposer submitting a Drug Free Workplace Certification in their original proposal shall be awarded preference and declared the top ranked Proposer. If a tie continues, the Top Ranking Proposer shall be determined by the procedure described in 2. 00300-4 ------------------------------------------------------------------------- 2. CERTIFIED MIWBE: The Proposing firm certified with the School District of Palm Beach County as African American, as defined in School Board Policy 6.143, shall be awarded preference and declared as the Top Ranking Proposer. If a tie continues, the Top Ranking Proposer shall be determined as described in 3. 3. CERTIFIED SBE: The Proposing firm certified with the School District of Palm Beach County as a Small Business Enterprise, as define in Board Policy 6.143, shall be awarded preference and declared as the Top Ranking Proposer. If a tie continues, the Top Ranking Proposer shall be determined by the procedure described in 4. 4. PRIOR CONTRACT ft.'NJ\RD: The Proposer 'Nith the least dollar value of prior contract a•;.<ards as described by the Criteria in Category 3 of the Phase 1 Evaluation •.viii be determined the Top Ranking Proposer. If the tie continues, the Top Ranking Proposer shall be determined by the procedure described in 5. S.TOTAL POINTS: The Proposer with the highest cumulative total of points awarded for all Categories by all participating Scoring Committee Members will be determined the Top Ranking Proposer. 1. 8 NEGOTIATIONS The Owner will conduct negotiations with the highest ranked Proposers to determine the final terms and conditions of the contract. However, if no agreement is reached with the top ranked Proposers, negotiations will be terminated with that Proposer and the Owner will conduct negotiations with the next ranked Proposer until the pool of Proposers has been finalized. Upon successful completion of negotiations with the top ranking firms, the agreements will be presented to the School Board at the next regularly scheduled meeting for approval. END OF SECTION 00300-5 SECTION 00400 AGREEMENT BOARD DATE: TBD AGENDA ITEM: TBD SAMPLE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Made as of the ___ day of ________ in the year Two Thousand and Twelve. BETWEEN THE OWNER: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, 3300 Forest Hill Boulevard, Suite A-323 West Palm Beach, FL 33406-5869 AND THE CONTRACTOR: TBD MODULAR CLASSROOM AND NON-INSTRUCTIONAL BUILDINGS PURCHASE AND PLACEMENT The Owner and the Contractor agree as set forth below. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Request For Proposal (RFP), Owner-Contractor Agreement, the Performance and Payment Bonds, the Educational Specifications, District Master Design Specification and Criteria, all Addenda issued prior to Proposal submission deadline and all Modifications issued after. These form the Contract, and all are as fully a part of the Contract as if attached to this Owner-Contractor Agreement or repeated herein. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for: Furnishing supervision, labor, equipment, machinery, tools, materials, transportation and other services necessary to fully complete the work as detailed in the project specific scope of work (Short Form Agreement) provided for each unit/location. Scope or Work includes but is not limited to the work described in Specifications, Section 1 0000 of the Request for Proposal. The Work shall incorporate all of the requirements set forth in the Board approved Educational Specifications, Florida Building Code, Florida Accessibility Codes, District Master Specifications, Design Criteria and all other applicable specifications. ARTICLE 3 TERM OF CONTRACT The term of this contract shall be for three (3) years from date of award, and may, at the sole discretion of the School Board, be renewable for two additional one year periods. 00400-1 ARTICLE4 SERVICES The Contractor shall provide services per specifications in the Request for Proposal for MODULAR CLASSROOM AND NON-INSTRUCTIONAL BUILDINGS PURCHASE AND PLACEMENT. All addenda issued to the Request for Proposal, if any, are also made a part of this contract. ARTICLE 5 COST OF SERVICES The Owner shall pay the Contractor for the completion of the Work in accordance with all requirements of the Contract Documents subject to additions and deductions by Change Order as provided by the Contract documents, the Contract sum of: $TBD on a per project basis utilizing the Cost of Services Unit Pricing Sheets and Short Form Agreement (Attachment G) ARTICLE 6 TERMS AND CONDITIONS The Contractor shall have the option to terminate the contract upon written notice to the authorized representative of the School District. Such notice must be received at least 90 days prior to the effective date of the terminations. The School District shall have the option to terminate the contract without cause upon written notice to the authorized representative of the Contractor. Such notice must be received at least 30 days prior to the effective date of termination and the Contractor shall only be entitled to compensation up to the date of termination. The Contractor shall not be entitled to lost profits. Early termination of the contract by the Contractor may prohibit the Contractor from submitting Proposals and Bids for a period of three years from; the date of completion of the contract. The School District shall establish the expiration date of the contract. There shall be no assignment of the contract of compensation to be derived therefrom by the Contractor. Included in this Agreement are the terms and conditions as described the Request for Proposal for General Contractor Services for Disaster Recovery Assistance, which are incorporated by reference herein and is made a part thereof. ARTICLE 7 INDEMNIFICATION The Contractor agrees to protect, defend, reimburse, indemnify and hold the School District, its agents, employees and elected officials, and each of them free and harmless at all times from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney's fees, costs and expenses of whatever kind or nature whether arising during or after completion of the work hereunder and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part, by reason of any act, omission, fault or negligence whether active or passive of the Contractor or anyone acting under its direction or control, or on its behalf in connection with or incident to the performance of this contract. The Contractor's aforesaid indemnity and hold harmless obligations, or portions of applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the sole negligence or willful misconduct of the School District, its elected officials, employees and authorized agents. The Contractor represents that they have received adequate consideration from the District for the indemnification herein provided by Florida Statute Chapter 725.06(2). This representation shall survive the contract or payment to the Contractor. 00400-2 ARTICLE 8 INSURANCE Insurance will be required as stated in the Request for Proposal for Relocatable Modular Classrooms and Non- Instructional Buildings Purchase and Installation. The School Board of Palm Beach County shall be named as additional Insured. ARTICLE 9 AMENDMENT This contract shall only be amended or modified in writing executed by both parties. ARTICLE 10 STRICT PERFORMANCE The failure of either party to insist on strict performance of any covenant or conditions herein shall not be construed as a waiver of such covenants or conditions for any instance. This contract shall be construed in accordance with the laws of the State of Florida. If any litigation shall result from this agreement, venue shall lie in Palm Beach County, Florida, and the prevailing party shall be entitled to attorneys' fees and court costs. This agreement shall not be construed against the party who drafted the same as both parties have had experts of their choosing review the same. This agreement is binding on the parties hereto, their heirs, successor and/or assigns. ARTICLE 11 BREACH OF AGREEMENT Should either party breach this agreement, the non-breaching party shall be entitled to all remedies as provided by law and equity. 00400-3 The Contractor has reviewed the Contract Documents, and hereby confirms that it understands and agrees with all of the terms and conditions of same. IN WITNESS WHERE OF, the parties hereto have executed this Agreement the day and year first written above. PROJECT NAME: MODULAR CLASSROOM AND NON-INSTRUCTIONAL BUILDINGS PURCHASE AND PLACEMENT Name of Corporation By::-:---~--------:------ Name (print) Title Signature Date Attest::-:----:--:--:--------=:::-.----- Name (print) Title Signature Date (Corporate Seal) THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA Chairperson Date Superintendent Date Approved As To Legal Form And Sufficiency: Kathelyn Jacques-Adams, Esq. School Board Attorney Date END OF SECTION 00400-4 SECTION 10000 SPECIFICATIONS 1.0 SCOPE OF WORK The purpose and intent of this request for proposal is to establish a term contract for the purchase and placement (and relocation, as necessary) of modular classroom and non-instructional buildings as specified herein. Construction shall incorporate all of the requirements set forth in the current Board approved Educational Specifications, Florida Building Code, Florida Fire Prevention Code, District Master Specifications, Design Criteria, LEED and all other applicable specifications. Newly purchased modular units shall be DBPR Approved after District verification of compliance with District Standards. Contractor shall submit proof that your current Relocatable Modular manufacturing/construction plans are DBPR approved. The modular units are for various schools and departments located throughout Palm Beach County and are not for delivery to any central location. The successful proposer(s) shall provide all necessary items and equipment for modular unit manufacture and placement on School District designated sites. Successful proposer(s) shall notify the District of time of arrival of modular unit(s) a minimum of 10 days prior to scheduled delivery. The District shall inspect the modular unit(s) and reserve the right to reject any modular units that do not meet specifications. Successful proposer(s) shall be responsible for manufacture, delivery, site work, off-loading, assembly, placement and complete turnkey internal hook-up of systems. External power, water, sewer, storm sewer, fire alarm, and intercom systems shall be brought to the unit under separate contract. The separate contract will also include sidewalks, walkway covers, final site grading, installation of landscaping and irrigation. All internal systems shall be the responsibility of the Successful Proposer. Successful proposer(s) shall also be responsible for design of the footer and foundation, signed and sealed by a structural engineer and submitted to District Staff, import of fill, construction of the footer, termite treatment, placement and attachment of the modular on constructed and inspected footer. In certain circumstances modulars may be moved to a campus with existing wooden portable(s). When the new modulars are to be placed in the same locations as existing portables, the contractor shall be directed through the scope to include cost to demolish, remove, and legally dispose of the wooden portables to facilitate installation of the modular units. The School District of Palm Beach County shall have the site(s) inspected and deemed ready by the District. The District may request relocation of modular unit(s) periodically. If requested, the contractor shall be responsible for relocation of the various types and sizes of modular unit(s). It is imperative that a modular unit within a cluster be capable of being relocated without disrupting the function of the units remaining in the cluster. Contractor shall inspect the existing unit, noting malfunctioning items or damage and bring deficiencies to the attention of District Staff prior to commencement. Contractor shall enter the units and disconnect any and all internal systems, i.e. fire alarm, intercom, power, water, sewer, storm sewer, etc., complete roof preparation, split the unit, provide a crane and transport, place unit in new location on footer, seal the roof, repair the interior, and reconnect all internal systems. Alternatively, contractors may propose to relocate modulars in whole without disassembly. All required structural analysis and FOOT roadway permitting shall be the contractor's responsibility. Delivery and set-up (placement) of modular units shall not disrupt school operations. The Contractor's right to work and his obligations under this contract shall be subservient to the School Principal's right to operate the school in a safe and reasonable manner. The Contractor shall expect and shall be required to do all things necessary to schedule and reschedule all tasks as necessary without interruption and/or additional costs to the District. 10000-1 The successful proposer (hereinafter referred to as the contractor) shall furnish, at their expense, all labor, English speaking supervisors, equipment, machinery, tools, materials, transportation, and other facilities and services necessary to fully complete all work specified herein. The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish, scrap materials, and debris that result from their operations so that the work site presents a neat and orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the premises. Rubbish shall not be used as fill on the work site. At completion of work, the contractor shall remove all work materials, tools, construction equipment, machinery, and surplus materials from the work site and shall leave area in ready to use condition. Safeguard of all equipment, tools, materials, etc., at the work site is the contractor's responsibility. The contractor shall be responsible for the protection of all personnel against hazards and/or injuries due to their construction operations at the work site. Contractor shall correct any and all damage caused by their operations to the District's satisfaction at no additional cost to the District. The contractor shall have an English-speaking supervisor/representative on the worksite at all times. This representative shall be thoroughly knowledgeable of all plans, specifications, and other contract documents and shall have the authority to act on the contractor's behalf. The contractor shall be responsible for the appearance of all working personnel assigned to the projects (clean and appropriately dressed) at all times, and their compliance with School Board Policies and Rules prohibiting smoking and consumption of alcohol and illegal drugs while on campus. 2.0 GENERAL REQUIREMENTS All modular units offered shall be new, manufacturer's current or latest model unit, at the time the Purchase Order is issued. The contractor/building manufacturer shall provide permanent identity plates on each modular unit complying with DBPR and DOE standards. State Board of Education requirements adopted pursuant to Chapter 120, Florida Statutes, to the State Uniform Building Code for Public Educational Facilities Construction in Chapter 1013, Florida Statutes, requires public schools to conform to the Florida Building Code (FBC), and the Florida Fire Prevention Code (FFPC) -both are incorporated by reference and made a part of this contract. 3.0 SITE PREPARATION Site Work and Modular placement includes but is not limited to • Units are required to be placed on leveling shims (high density plastic) at required intervals. • Foundation design is required. • Foundations for the modular units are generally designed to have an additional 1' perimeter of foundation outside of the units. · • The units are required to be grouted to the foundation system. • Each unit to be caulked and dried in upon being set. • Roofing material will need to be patched once the lifters have been used and the unit is set in place. • Termite pre-treatment is required prior to placing the units. • At the receiving site the units must be "put back together" including: VCT, ACT, vertical seam (interior and exterior), roofing, gutters, drywall, and paint. Prepare the site to receive the foundation by importing fill material to create an embankment that will support the foundation at the correct elevation. The finished grade of the embankment will slope down from the top of the foundation at a slope of 1V:10H for a distance of five feet in all directions. The embankment grade will 10000-2 transition at the five foot offset and then slope downward at a slope of 1V:4H until the embankment elevation meets the existing ground elevation. All modular plumbing connections are to extend five feet from the edge of the foundation. Pipe to connect the storm water downspouts to underground drainage system are also to extend in the same way. Sanitary and storm pipe will be PVC with drainage fittings that guide fluid and waste in the direction of flow. The minimum slope on the storm pipe will be 1%. The end of each pipe is to be capped and marked with a 2x4 post that extends two feet above finished rough grade. The type of pipe will be marked (WAT, SAN, STORM) on the marker. The foundation plan shall show the extent of the embankment and plumbing extensions. All embankment construction will comply with recommendations provided by the geotechnical engineer. Foundation formwork shall not begin until completion of all sub-grade plumbing and compaction of utility trenches. The foundation plan shall also show the erosion control measures. The Contractor will be solely responsible for control of storm water and sedimentation from wind or rain. 4.0 FOUNDATION Provide a foundation that meets the requirements provided by the modular classroom manufacturer. The foundation shall also meet all applicable provisions of the Florida Building Code in effect at the time of construction. The design of the foundation shall completely support each modular unit and remain stable upon removal of modular units from the completed installation. Follow the modular classroom manufacturer's instructions for relocation of a modular classroom in the design for subsequent removal. Design the interface between the modular classroom structure and the foundation to prevent accumulation of storm water runoff in any enclosed space that exists between the unit and its foundation. This requirement often precludes installation of a continuous vapor barrier between the modular structure and the foundation. Proper application of termite protection is required. Protect treated areas until the modular classroom is set. Re-treat disturbed soil as needed. Note this requirement on the design drawings. Provide a complete foundation design by a registered professional engineer for the specific arrangement of modular classrooms at each site. The foundation design shall be based on soil analysis provided by a geotechnical testing company provided by the contractor. The geotechnical testing company recommendations will be included on the foundation design. Design the foundation so the finished floor elevation of the proposed modular classroom is equal to or higher than the adjacent buildings on campus. 5.0 CONCRETE The moving, placing, testing, and curing of all concrete work (foundations and appurtenant cast-in-place items) shall conform to the current Building Code Requirements for reinforced concrete (ACI 318) and Specifications for Structural Concrete for Buildings (ACI 301). All density testing shall be included in the cost of compaction and I or concrete placement. The strength of concrete shall be a minimum of 3,000 psi. 6.0 WIRE FABRIC Welded wire fabric shall have minimum yield strength of Fy-60,000 psi. Lap wire fabric in accordance with the provisions of ACI 318. Size of wire fabric shall be not less than 6 inch x 6 inch, Wl.4 x Wl.4 woven of electrically welded fabric conforming to the requirement of ASTM A 185. 10000-3 7.0 BUILDING SYSTEM Construction shall comply with the FBC requirements for Type 11-B construction. Additionally, walls and floors shall be of reinforced concrete. Design the system for transporting without damage to the building. 8.0 CLEAR-SPAN CONSTRUCTION Design buildings as clear open space, no interior posts or columns permitted. 9.0 INSULATION Building insulation shall meet the minimums as determined by LEED and the Florida Energy Efficiency Code for Building Construction. 10.0 VAPOR BARRIERS Vapor barriers, if installed, shall be toward the exterior of the building envelope assembly to preclude entry of hot, moist air into the assembly. Installation shall include complete sealing of all intersections, penetrations and interfaces with other materials in compliance with the Florida Energy Efficiency Code for Building Construction. Apply other vapor resistant materials such as paints or finishes on the exterior surfaces of the building. 11.0 ROOF COVERING Roof covering shall comply with district Master Specifications. Durability of the roof due to rupture, structural failure, perforation or corrosion shall be warranted for a period of twenty (20) years by the manufacturer. 12.0 DOORS AND HARDWARE Doors and hardware shall comply with the appropriate sections of the District Master Specifications. Each exterior door shall have a view panel of impact-rated safety glazing with minimum dimensions in accordance with the District Design Criteria and Master Specifications. All exterior doors shall open onto a minimum 5 foot by 5 foot roofed platform level with the interior floor. 13.0 WINDOWS Each window shall be of sufficient size to provide a minimum clear opening of 5.7 sq. ft. per vent. The aggregate clear opening of all windows and doors shall equal at least 5% of the floor area of the unit (except restroom portable). Each window shall be operable aluminum frame. Windows shall have aluminum frames and impact resistant safety glazing with a valid Miami-Dade Notice of Acceptance. Window operation shall be compliant with the 2010 ADAAG. 14.0 CEILING Finished ceiling height shall be a minimum of 9 feet A.F.F. Suspension system shall comply with District Master Specifications. Ceiling tiles shall be 2' X 2', 5/8" acoustical, mineral composition with a 1 0-year humidity resistant warranty (except restroom portable). All ceiling tiles shall be moisture and mold resistant. 15.0 FLOOR COVERING Floor covering to be resilient flooring (VCT, BBT or LVT) in accordance with District standards. Trim shall be 4" minimum rubber cove base. 16.0 WALL AND CEILING FINISHES IN RESTROOM WITHIN CLASSROOM PORTABLE The walls shall be finished with epoxy paint or other approved impervious materials. The ceiling shall be a hard ceiling. 10000-4 17.0 MISCELLANEOUS Fire Extinguisher: Install one (1) ABC dry chemical fire extinguisher per unit with rating per District Standards. Blinds: Provide all windows with room darkening blinds suitable for use of audio-visual equipment per District Standards. Gutters and Downspouts: The bidder shall install gutters and downspouts on-site at each roof edge. All gutters shall be minimum 6" seamless, aluminum, commercial grade secured to the structure. Restrooms: Provide exhaust fan(s) tied to occupancy sensor light switch having a five (5) minute time delay. Built In Millwork: Provide as shown on Prototype Plan. 18.0 ELECTRICAL Electrical system shall meet the Florida Building Code, the National Electrical Code, the Florida Fire Prevention Code, District Master Specifications with exceptions noted below, and District Electrical Design Criteria with exceptions noted below. Provide 125A, 120/240 V, single phase load center with 125A main circuit breaker-Cutler Hammer, SquareD, General Electric or approved equal. Load center shall have lockable door. Provide panel with six (6) 20 amps, 1 pole spare circuit breakers. Wiring shall be copper, installed in EMT conduit. Provide grounding conductor in all circuits. Provide general purpose duplex and quad receptacles per modular classroom prototype floor plan (see attachment), Maximum of six (6) duplex or three (3) quad receptacles on a dedicated 20 amps branch circuit with a dedicated neutral conductor. Provide duplex and quad receptacles per modular classroom prototype floor plan next to the data outlets. Maximum of (2) quad or four (4) duplex receptacles on a dedicated 20 amps branch circuit with a dedicated neutral conductor. All receptacles shall have integral surge protection. Provide two battery pack emergency light fixtures. Provide light fixtures with energy saving electronic ballast and T8 lamps to be operated by switches located at each door. LED lighting may be used in place of fluorescent fixtures provided the minimum light levels per District Design Criteria are maintained. Provide ceiling mounted occupancy sensors to control the lighting. Provide a wall switch with integral occupancy sensors to control light fixtures in the unit's restrooms. Provide two levels switching (half of light fixture controlled with one switch and the other half, controlled with another switch). Secure all four corners of the light fixtures to the structure. Provide security lighting outside of each exit door. Design illumination to provide an average maintained 5 foot- candles at the floor level within 6 feet of the door. Light fixtures shall be LED type, controlled by a photocell and a wall switch located inside the unit. All plates for junction boxes shall be stainless steel. Provide conduit with pull string and outlet boxes for the following systems -one fire alarm pull-station at each exit door, fire alarm horn/strobe inside the unit, strobe light in the restrooms, one WP JB outside, intercom speaker above white board and call-in button beside it. 10000-5 Provide data outlet boxes per modular classroom prototype floor plan (see attachment), location and number of the data outlet boxes shall match the requirements shown on the prototype floor plan. One security junction box located in corner near each exit door. Provide heat detector(s) as required by code. Provide a telephone box. Provide a TV outlet with power receptacle next to it. Provide all receptacles, outlet boxes, conduits, wiring and all other materials for a complete ceiling projection, sound enhancement system, media cabinet, and teacher station per attached details. Electrical wiring and system conduits shall terminate in 8" x 8" x 4" waterproof metal boxes installed in a row outside of the unit. Extend conduits from the relocatable modular classroom to the system junction boxes mounted at 18" above finished grade. Conduits and boxes shall not be located below windows. 19.0 HEATING, VENTILATING, AIR CONDITIONING The HVAC system shall be a wall mounted packaged unit or DX split system that will comply with a noise criterion level of NC35. The unit shall be sized for maximum occupancy of 24 students and 1 teacher and shall be accompanied with a cooling and heating load calculation and Florida Energy Code calculation to verify heating, cooling and outside air ventilation adequacy. The system shall contain: Galvanized Steel, insulated ductwork Minimum of 6 standard (insulated) ceiling diffusers Programmable electronic thermostat/humidistat with lockable cover MERV 13 filter with maximum 0.25 in-w.g. initial pressure drop at 500 fpm face velocity Exterior equipment pads as determined by system design 20.0 PLUMBING The classroom sink and single restroom shall be configured to be fully children's ADA compliant in accordance with District Standards. Upon request, the District shall have an option for the sink and restroom configuration to be fully adult ADA compliant and another option for the restroom fixtures and plumbing to be omitted and the restroom space configured as a storage room. Fixtures: Water closet -floor mounted Water closet valve -dual flush valve with 1 %" water supply Lavatory -wall hung Lavatory faucet -%" water supply Classroom sink-%" water supply Accessories: 24" X 36" stainless steel framed mirror Grab bars Paper towel dispenser Soap dispenser Toilet tissue dispenser 10000-6 DRAWINGS INDEX A Elementary Classroom Prototype-Floor Plan B Elementary Classroom Prototype-Power/Systems Plan C Secondary Classroom Prototype -Floor Plan D Built -in Cubbies/Bookshelves E Built-in Computer Counter w/Overhead Shelving F Teacher Cabinet G Teacher Workstation H Sink w/Upper and Lower Cabinet Projector Retrofit Drawings-Wiring Detail-LCD-1 J Projector Retrofit Drawings -Media Shelf Unit -LCD-2 K Projector Retrofit Drawings -Projector Installation-LCD-3 L Projector Retrofit Drawings-Ceiling Installation-LCD-4 M Projector Retrofit Drawings -Connections at Teacher Station -LCD-5 N Small Group Restroom -A-1 Floor Plan 0 Small Group Restroom -A-2 Elevations/Sections P Small Group Restroom -S-1 Framing Q Small Group Restroom -S-2 Floor R Small Group Restroom -F-1 Foundation 10000-7 SYMBOLS l.EGEN!> ::e=t>UPLEX ::f{# I:>EbiCATEb t>UPLEX • QUAORAPLEX 1 TELEPHONE'fbATA <Iii DEDICATED DATA OUTLET -0 CAU.IIUTTON ~ HORN/STROBE ~ SECUIUTY MONITOR I ~ MULTI-MEDIA CABINET gM.'I.f:'bT~XitJ BLOG. · ·-· OENOTESN.I.C. FURNITURE & EQUIP -DENOTES CONTRACTOR PROVIDEb MILL WORK GENERAL NOTES ALL LOCKS ~EYED AWE CSQRATIOS (CLASS SIZE REDUCTION) Pr<·K • 3 : 1:16 4. 8. 1:22 9 • .12 = 1:25 9<0 S.F. CLASSROOM 40 S.F. QESTo<OOM • AU. WINDOWS TO MEETEM!iRGeNCY ESCAP€ REQVIREMENTS. • FOR ALL DESIGN FVIU'OSES REFER TO lllSTQtCT DESIGN CRITERIA "-NO SPECIFICATIONS. • FOR CODE ISSUES R!'FEll TO PLORIOA BVILClNG CODE. LEGEND SCHOOL DISTR!CT .OF PALM BEACH COUNTY MODULAR ELEMENTARY CLASSROOM PROTOTYPE FLOOR PLAN Drat Revised: Oct '11 (D BUILT -IN BOOKCASES (]) :~~;~w STORAGE CAQINETS 3 ftH,LJ]G'~If.IMf:.fltE:s . . . . @ T.ltlitf~R0W,0'f¥S,lli OUTLETS @ tTVlf\J'f\JRE EQUIPMENT (BY OWNER) ® BUILT -IN WORKSTATION @ AIR CONbiTIONINI;. UNIT @ ELECTRIC P. ENCII:SHARP€NER §·WINDOWS W(VERTICAL BLINDS @ fl()CU~ENT CAMERA (BY OWNER) f"''A (w/ 2 \.OCKAOI.E P~OESTALS) . ~· BUILT-IN UPPERS &LOWERS W/SINK @ GPS CLOCK LOCAUON SECURITY 1.\0NITOR @WIRELESS LAPTOP CART (fVTURE-SY OWNER) \>II PROJECTION SCREEN LOCAttON AND BUBBLER (LOC<A&LEJ . ~ · · o· RN/STROBE r,;.. . @) TACKBOARD RESTROOM PeR COD.E/STOR!\GE P.A. SPEAKER . . . H . ';<!/COMPUTERS (BY OWNER) MARKERBOARO W/MAP RAIL LCO PROJEcTOR {BY OWNER) ~EACHERCAl,LBUTT?N . @PAPER TOWEL DISPENSAR @ PRlNTERS/SCANNER (BY OWNER) (.2) & CHALK RAIL OASHEO DENOTES (NIC) FURNITURE @ TYP. POWER/OAT A .OUTLETS @ DVC/VCR COMBO VNtT (11'1 OWNE•> @ bEt>ICA TEO POWER/I>ATA OUTLETS (g) BUILT-IN COMPUTER COUNTER @ ~~~ lfUL Tr·MEDIA CAB. ~~a~~~~~t. Pl.~~BINI; @S~vUo~~rrELD ENHANCEMENT DRAWING A 10000-8 SCHOOl. DISTRICT OF PALM BEACH COUNTY MODULAR ELEMENTARY CLASSROOM PROTOTYPE POWER I SYSTEMS PLAN ALL RECEPTACLES SHALL BE.CHILt)PROOF SURGE RECEPTACUlS 'WILL HAVE INDIVIDUAL CIRCUITS =1f DOUBLE DUPLEX 20A CHILDPROOF SURG~RECEPTACLE ~ SINGLE DUPLEX 20A CHILDPROOF RECEPTACLE 'f' !>AT A DEVICE Drat Revised: Oct '11 DRAWlNG B 10000-9 SYMBOLS LEGEND :::§: DUPLEX ~DEDICATED DUPLEX .QUADRAPLEX <4 TELEPHONE/DATA <4DEDICATED DATA OUTLET -0 CALL BUTTON ~HORN/STROBE ~ SECURITY MONITOR I ~ MULTI-MEDIA CABINET gwf.ErifT~Il1 BLDG. ---DENOTES N.I.C. FURNITURE & EQUIP -DENOTES CONTRACTOR PROVIDED MILLWORK GENERAL NOTES ALL LOCKS KEYED ALIKE CSR RATIOS (CLASS SIZE REDUCTION) Pre-K-3' 1:18 4-8' 1:22 9-12' 1:25 920 S.F. CLASSROOM 40 S.F. STORAGE ROOM • ALL WINDOWS TO MEET EMERGENCY ESCAPE REQUIREMENTS. • FOR ALL DESIGN PURPOSES REFER TO DISTRICT DESIGN CRITERIA AND SPECIFICATIONS. • FOR CODE ISSUES REFER TO FLORIDA BUILDING CODE. LEGEND SCHOOL DISTRICT OF PALM BEACH COUNTY MODULAR SECONDARY CLASSROOM PROTOlYPE FLOOR PLAN [rr~ 0@ fi-+- [-J:!_LI @ 8-T-8 8-T-B I I I I I -+--+- 1 I I I I -+--+-1 I I I I _j__ _j__ ·-o~~ Draft Revised: February '12 (1) BUILT-IN BOOKCASES (J) ~~~zot~~~~ STORAGE CABINETS 43\ ft~L,ll;;~~,lfi~8A~GLETS (@ 'ffi,1~ti,~Ror,"~AoTI9r~ OUTLETS @ITV/FUTURE EQUIPMENT(BY OWNER) ~ BUILT-IN WORKSTATION @ AIR CONDITIONING UNIT @ ELECTRIC PENCIL SHARPENER @WINDOWS W/VERTICAL BLINDS@ DOCUMENT CAMERA (BY OWNER) 1'5\ (w/2 LOCKABLE PEDESTALS) 1?1. BUILT-IN UPPERS & LOWERS lf2, GPS CLOCK LOCATION @SECURITY MONITOR @WIRELESS LAPTOP CART {FUTURE-BY OWNER) \,JJ PROJECTION SCREEN LOCATION \21 (LOCKABLE) ~ MAl @ TACK BOARD @STORAGE CLOSETw/METAL SHELVING@ P.A. SPEAKER '€!' HORN/STROBE @COMPUTERS (BY OWNER) te\ MARKERBOARD W/MAP RAIL @ LCD PROJECTOR (BY OWNER) @ TEACHER CALL BUTTON @NUMBER NOT USED @PRINTERS/SCANNER (BY OWNER) ldJ & CHALK RAIL @ DASHED DENOTES (NIC) FURNITURE @ TYP. POWER/DATA OUTLETS @ DVD/VCR COMBO UNIT(BY OWNER) @ DEDICATED POWER/DATA OUTLETS @ BUILT-IN COMPUTER COUNTER @ ~~t~~~w MULTI-MEDIA CAB. ~0~~~~o~s~i-G0~~D @S~vUJ'~J:.IELD ENHANCEMENT DRAWINGC 10000-10 I MARK 01 -"--BUILT-IN CUBBIES (OR BOOK SELVES) 1 SIZE 146"Hx41 "Hx15"D DRAWlND D 10000-11 - - \ I - - - MARK 06 -BUILT-IN COMPUTER COUNTER W / OVERHEAD SHELVING SCALE: ~" = 1'-'0" DRAWING E 10000-12 I MARK 07 -TC TEACHER CABINET DESCRIPTION: TALL STORAGE UNIT WITH FIVE ADJUSTHlLE · SFlELVEs . AND two HINGE'D DQQRS (LOCKA~LE) SIZE 36'!Wx84"Hx30;,D DRAWING F 10000-13 • • • -, -/ \ \ I I I SCHOOL DISTRICT OF PALM BEACH COUNTY TEACHER WORKSTATION 8/08 NTS DRAWING G 10000-14 OPEN MARK SCALE: 09 -SINK W/ UPPEB & LOWER CABINET f' = 1 '-0" DRAWING H 10000-15 GENERAL NOTES: ,I lHI!lt1>'3;ALUT!OHSl-'.A!..1..COI.tiJI..VWHlif.f.CAAU. 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TYP. g:-r~t&r-2 AS IDCATED 12":r8" CONC. ~OIST e WAIL BEARING W/2-l'!l &.F. scAL£3/4" .. 1'-o" ~•a•c• .................................. ~-===================:3~================:.------------------------------------------------~ c STRUCTURAL NOTES I. CONCRETE WllftlWM U DAY COKPittSSM: STRENGTH AS P'OLLOirS: rooT!NOS • NORIU.L W!:IOitT :!,000 PSI WAWI • UOtrr II'J:IOHT 4,000 PSI FLOOR. ROOP• LICHT l'&lCtfT ;!. Wl!miUil CONCRETE COIIPR!:SSJVE STR!NOTH PRIOR TO I!!RI':CTION ANO/OR INSTA1UTION•3.000 PSI. Oil WIN. 48 HOURS or CURfNC ron:. OR ATI'AININO ?~X: or THE D£StON COilPaessrvt STRENOTH. 3"CUI.BOTTOWANDSI0!3,2"CLR.'f0P 3/4" CUI.. INSTDE AND OUTSID! 3/4" CLR. TOP, I" CLR. 801"rOW !"CUI. TO STIRRUPS !"CIA TOTIES 4. Am:HOIUNO HARDWAR! SKALL W!XI' THE WINIWUW R[Q1JIR!W!:NTS SI:T FORTHINA.C.L'S'l!TANDAROBUIIJlJNGCODtREQUJR!:K!NTSP'ORR!IN10RCED CONCR!TE" ACI31S-02,ANDTH!PRI!STR!3S!DCONCRI!:Tt tNS1'miTI:'Sl'Ciiin'ANDARDBU!IDINOCOD!:P'ORPR!:STR!':SS!:DCONCRP:T£." 5. Sni:UCTU!W. !ITE!:L Ill TO CONFORW TO A!ITW #.!18, YI!:ID STR!:NCnr OP 38 IC!l U.N.O. Sl't!:L 8!.UI3 TO HAVE A YI!:LD :rrR!NC'fH OP' ~ KSI (ll!N). r·~ ·--·w'Fiiy·· ~"'-"fffi-l"r:,·-----~-r-wri-t--, H' ! ~ t I~ i . \ij,: 1.~ ~~~ IU. I ;;> !3: L;j I i ;::. : H~~~"'W~ I II. RE!NFORCINC STEEL SHALL BE NEll' BJU.Et STEEL CONI'ORiliNC TO J.STW All!5 CRAD!: 110. WELDED WIRE rADR!C Ill TQ CONrQRW TO A3Til AlliS. ll!N. YIELD STR!!fenl I!IS kSl. "II'!UIINCSW.U.CONJ'ORWTOAWSDI.3;tu:C'TROD!:US!D'I'OB!:£?0XX. ?. D!:S!CNLOAD!: ROOr UVE LOAD: 30 PSr P'IDOR UVZ LOAD: 110 P5r CDRRIOORIJV!:LOAD:IOOPSF i i ' d~~~~~,l~!~.·-~-·----·~~--·--·M-· ~~J±I--l ;1 WfT~------------------wn T Tr : FOOTING SCI-lEDULE WF1 TE1 1 STORY 3"-D"XI"-D')(c;o.rr, IIKJl"!)I'Qn.•"!)nl! I)"•I&'XIl'•&"){c:<:NT. IWfll.eoTT. CD FOOTIN"G SECTION W"F~ ............. ~-702 11NP Bl'~~D: 100 IIPK ~~~:;;, '::. c.ta ALLOWABLE MIN. SOIL BEARING PRE55URE ~ 2,51Z'IZ'P5F '= ! ·----------------------------------------------------------t--j ! ""' l ____________________ wrr·---·-?.-------- ~- ...,..,......,.1'1.610...,......,.'1'0 • ._,...,., lf!T, • Dll<. OP _.,__ • ORAUING R 10000-25 ··---~161 ... c:..OI" =~ . l :"' ...... "" IWIITAI!I .... "" ---------------------------------------------------------------------------------------- EXHIBIT A-1 COST OF SERVICES FOR MODULARS-UNIT PRICING ITEM NO ITEM DESCRIPTION PER UNIT PRICE DESIGN DEVELOPMENT, DESIGN & PERMIITIN~~~ I 1 PRELIMINARY SITE PLAN PROJECT 2 PRELIMINARY ARCHITECTURAL LAYOUT PROJECT 3 PRELIMINARY MEP DESIGN PROJECT 4 GEO-TECHNICAL SITE EXPLORATION PROJECT 5 SITE/CIVIL INVESTIGATION PROJECT 6 100% ARCHITECTURAL DESIGN PROJECT 7 100% MEP DESIGN PROJECT 8 100% STRUCTURAL DESIGN PROJECT 9 100% CIVIL DESIGN PROJECT 10 DCA REVIEW & APPROVAL PROJECT 11 PREPARATION OF PERMIT SUBMIITALS PROJECT 12 PERMIT FEES PROJECT MODULAR BUILDINGS & COMPONENTS i--- --13 24 X 36 CLASSROOM BLDG. 14 24 X 40 CLASSROOM BLDG. 15 24 X 36 RESTROOM BUILDING BLDG. 16 24 X 40 RESTROOM BUILDING BLDG. 17 24 X 36 PITCH OR FLAT CONCRETE MODULAR STRUCTURE BLDG. 18 24 X 40 PITCH OR FLAT CONCRETE MODULAR STRUCTURE BLDG. 19 24 X 42 PITCH OR FLAT CONCRETE MODULAR STRUCTURE BLDG. 20 27 X 36 PITCH OR FLAT CONCRETE MODULAR STRUCTURE BLDG. 21 27 X 40 PITCH OR FLAT CONCRETE MODULAR STRUCTURE BLDG. 22 27 X 42 PITCH OR FLAT CONCRETE MODULAR STRUCTURE BLDG. 23 24 X 36 FLAT RIGHT/LEFT END CONCRETE MODULAR STRUCTURE BLDG. 24 24 X 40 FLAT RIGHT/LEFT END CONCRETE MODULAR STRUCTURE BLDG. 25 24 X 42 FLAT RIGHT/LEFT END CONCRETE MODULAR STRUCTURE BLDG. 26 12 X 36 SLEEVE CONCRETE MODULAR STRUCTURE BLDG. 27 12 X 40 SLEEVE CONCRETE MODULAR STRUCTURE BLDG. 28 12 X 42 SLEEVE CONCRETE MODULAR STRUCTURE BLDG. 29 CUSTOM SIZED CONCRETE MODULAR STRUCTURE (BUILDING SIZE) BLDG. SQ.FT. 30 CONCRETE MODULAR STAIR STRUCTURE STRAIGHT BLDG. 31 CONCRETE MODULAR STAIR STRUCTURE LEFT OR RIGHT SWITCHBACK BLDG. 32 CONCRETE MODULAR STAIR STRUCTURE LEFT OR RIGHT 90 BLDG. 33 CONCRETE MODULAR ELEVATOR SHAFT WITH PIT BLDG. 34 8 X 24 CONCRETE CORRIDOR SECTION SECTION 35 10 X 24 CONCRETE CORRIDOR SECTION SECTION 36 12 X 24 CONCRETE CORRIDOR SECTION SECTION 37 14 X 24 CONCRETE CORRIDOR SECTION SECTION Pagel EXHIBIT A· 1. COST OF SERVICES FOR MODULARS ·UNIT PRICING.xlsx ----------------------------------------------------------------------------- ITEM NO ITEM DESCRIPTION PER UNIT PRICE 38 CUSTOM SIZED CONCRETE CORRIDOR SECTION BLDG. SQ.FT. 39 CONCRETE MODULAR EQUIPMENT/ELECTRICAL ROOM BLDG. SQ.FT. 40 CORRIDOR FLOOR POUR FOR ENCLOSED CORRIDOR APPLICATION SQ. FT. 41 CORRIDOR FLOOR CAP POUR SQ. FT. 42 PRECAST FLOOR SECTIONS FOR TWO STORY CORRIDORS SQ. FT. 43 PRECAST ROOF SECTIONS FOR TWO STORY CORRIDORS SQ. FT. 44 PRECAST WALL SYSTEM SQ. FT. 45 ARCHITECTURAL PRECAST PANELS SQ. FT. INTERIOR OPTIONS ?11 "1 • -_.-. ... 46 SINGLE HANDICAPPED BATHROOM FOR ANY SINGLE MODULAR STRUCTURE UNIT 47 56 SF STORAGE CLOSET FOR ANY CLASSROOM WITH SHELVING UNIT 48 2100LB ELEVATOR UNIT 49 3500LB ELEVATOR UNIT 50 3-0 X 7-0 EXTERIOR METAL DOOR UNIT 51 3-0 X 7-0 INTERIOR METAL DOOR UNIT 52 3-0 X 6-8 INTERIOR METAL DOOR UNIT 53 3-0 X 7-0 INTERIOR WOOD DOOR UNIT 54 3-0 X 6-8 INTERIOR WOOD DOOR UNIT 55 SPECIALTY DOOR UNIT/DESIGN 56 8' ROLL UP DOOR UNIT 57 10' ROLL UP DOOR UNIT 58 INDOOR ROOM ACCORDION PARTITION UNIT 59 DOOR HARDWARE UNIT 60 ADD RATING TO ANY DOOR UNIT 61 FIRE RATED DOUBLE DOORS UNIT 62 SINGLE HUNG WINDOW-IMPACT UNIT 63 CASEMENT WINDOW-IMPACT UNIT 64 SPECIALTY WINDOWS UNIT 65 INTERIOR FRAMING MATERIAL & LABOR SQ. FT. 66 DRYWALL HANG & FINISH SQ. FT. 67 STAIR OR RAMP RAILING LF 68 BUILT IN TEACHER WORKSTATION PER DISTRICT STANDARD UNIT 69 BUILT IN TEACHER CABINET 36"W X 30"D X 72"H PER DISTRICT STANDARD UNIT 70 BUILT IN BOOKCASES 36"W X 15"D X 36"H PER DISTRICT STANDARD UNIT 71 BUILT IN LAB DEMONSTRATION AREA PER DISTRICT STANDARD UNIT 72 BUILT IN COMPUTER DESK 14"W X 30"D PER DISTRICT STANDARD UNIT 73 BUILT IN MEDIA CABINET 24"W X 24"D X 60"H PER DISTRICT STANDARD UNIT 74 BUll TIN UPPERS & LOWIERS WITH SINK & BUBBLER BLF LONG SECTION UNIT 75 BUILT IN CUBBIES 30"H PER DISTRICT STANDARD UNIT 76 DISTRICT STANDARD LAB CASEWORK UNIT 77 CUSTOM CASEWORK LF 78 LOCKERS UNIT 79 SINGLE WATER FOUNTAIN UNIT 80 HIILO WATER FOUNTAIN UNIT 81 UPGRADE TO FLUSH VALVE WATER CLOSET UNIT Page2 EXHIBIT A· 1. COST OF SERVICES FOR MODULARS-UNIT PRICING.xlsx ITEM NO ITEM DESCRIPTION PER UNIT PRICE 82 UPGRADE TO WALL MOUNTED WATER CLOSETS UNIT 83 MOP SINK UNIT 84 ACCOUSTICAL CEILING SQ. FT. 85 VCT FLOORING SQ. FT. 86 STRIP & WAX VCT FLOORING SQ. FT. 87 CARPET SQ. FT. 88 BATHROOM FLOOR TILE SQ. FT. 89 BATHROOM WALL TILE SQ. FT. 90 OCCUPANCY SENSOR UNIT 91 DATA OUTLET UNIT 92 ELECTRICAL OUTLET UNIT 93 HEAT DETECTOR UNIT 94 GPSCLOCK UNIT 95 SIGNAGE UNIT 96 ALUMINUM RAILING-MILL FINISH LF 97 DISTRICT STANDARD PROJECTION PACKAGE UNIT SYSTEMS. < .~1': n:J' '', . .. z:.;i~'= 98 BARD MANUFACTURING WALL HUNG AIC UNIT & ASSOCIATED DUCTWORK UNIT 99 BARD MANUFACTURING Q-TEC AIC UNIT 7 ASSOCIATED DUCTWORK UNIT 100 NEW CHILLER SYSTEM UNIT/DESIGN 101 UPGRADE OF EXISTING CHILLER SYSTEM FOR USE WITH NEW BUILDING UNIT/DESIGN 102 SPLIT HVAC SYSTEM UNIT/DESIGN 103 HEAT PUMP UNIT 104 RE-FURBISH EXISTING BARD UNIT UNIT 105 ENCLOSE AND AIC CORRIDORS 24' SECTION UNIT 106 ENCLOSE AND AIC STAIRWELLS UNIT 107 LAB GAS SYSTEM UNIT/DESIGN 108 AUTOMATIC LOGIC CONTROLS UNIT 109 FIRE SPRINKLER SYSTEM BLDG/COMP 110 LIGHTNING PROTECTION SYSTEM BLDG/COMP 111 SOUND FIELD SYSTEM BLDGICOMP 112 FA SYSTEM & CERTIFICATION BLDGICOMP 113 PASYSTEM BLDGICOMP 114 LOW VOLTAGE DATA SYSTEM BLDG/COMP 115 SECURITY SYSTEM BLDGICOMP 116 PLUMBING TIE-IN FOR INTER BUILDING CONNECTIONS. SINGLE HANDICAPPED RE BLDGICOMP 117 PLUMBING TIE-IN FOR INTER BUILDING CONNECTIONS. GROUP BATHROOM. BLDGICOMP 118 ELECTRIC TIE-IN FOR INTER BUILDING CONNECTIONS BLDGICOMP 119 INSTALLATION OF TRANSFORMERS 7 ELECTRICAL GEAR FOR MODULAR EXPANSI UNIT/DESIGN Page3 EXHIBIT A-1. COST OF SERVICES FOR MODULARS-UNIT PRICING.xlsx ITEM NO ITEM DESCRIPTION PER UNIT PRICE EXTERIOR OPTIONS ··. ~~i';,, >. 1 . , ~s~~~· ''· .. :.:.:· 120 ROOFING SQ. FT. 121 GUTTERS & LEADERHEADS LF 122 BUILDING ACCENTS SQ. FT. 123 STUCCO BLDG/COMP '\.; . ,::5:,···: .. : :::·· .. ~ ; ;· .. : .cf:.~ ·'.:•'.· ,···.·· STRUCTURAL MODIFICATIONS .. , .. ' : 124 1" HOLE HOLE 125 11/4" HOLE HOLE 126 11/2" HOLE HOLE 127 2" HOLE HOLE 128 3" HOLE HOLE 129 4" HOLE HOLE 130 5" HOLE HOLE 131 6" HOLE HOLE 132 SAW CUT CONCRETE FOR RETROFIT SYSTEMS HOUR 133 STRUCTURAL MODIFICATIONS TO EXISTING UNIT HOUR 134 STRUCTURAL MODIFICATION TO STANDARD MODULAR BUILDING FOOTING SQ. FT. ITEM NO ITEM DESCRIPTION PER UNIT PRICE ADDITIONAL SERVICES . ~·: ···; :'. ·: . •: ;: : ... :,:.::;; > :.;/'; . 135 LOCATES SITE 136 CLEAR & GRUB MODULAR BUILDING SITE CUBIC YARD 137 FILL AND COMPACT TO GRADE CUBIC YARD 138 INSTALL TEMPORARY CONSTRUCTION FENCE LF 139 REMOVE & REPLACE EXISTING FENCE FOR DELIVERY OF MODULAR STRUCTURE LF 140 TRENCHING LF 141 CONCRETE SLAB SQ. FT. 142 SIDEWALKS LF 143 DISCONNECT PLUMBING FROM EXISTING UNIT UNIT 144 DISCONNECT ELECTRIC FROM EXISTING UNIT UNIT 145 SITE DEMOLITION OF EXISTING FOUNDATIONS/FOOTINGS LF 146 SOD INSTALLATION SQ. FT. 147 PAINTING SQ. FT. 148 GENERAL LABOR HOUR 149 MACHINE & OPERATOR LABOR HOUR 150 CONTRACTOR TO PROVIDE PORT-A-POT MONTH 151 CONTRACTOR TO PROVIDE DUMPSTERS FOR TRASH DISPOSAL PULL Page4 EXHIBIT A -1. COST OF SERVICES FOR MODULARS-UNIT PRICING.xlsx ITEM NO ITEM DESCRIPTION PER UNIT PRICE BUILDING. DELIVERY •. . ~;~:e1r,~,:l ~ ?:[' ''': •. ·:.'· " ;:v, .·'··n,,,,).·,;,, NEW MODULAR BUILDING AND COMPONENT DELIVERY 152 1 BUILDING/COMPONENT PER SITE BLDGJCOMP. 153 2 BUILDINGS/COMPONENTS PER SITE BLDGJCOMP. 154 3 BUILDINGS/COMPONENTS PER SITE BLDGJCOMP. 155 4 BUILDINGS/COMPONENTS PER SITE BLDGJCOMP. 156 5 BUILDINGS/COMPONENTS PER SITE BLDGJCOMP. 157 6 BUILDINGS/COMPONENTS PER SITE BLDGJCOMP. 158 7 BUILDINGS/COMPONENTS PER SITE BLDGJCOMP. 159 8 BUILDINGS/COMPONENTS PER SITE BLDGJCOMP. 160 9 BUILDINGS/COMPONENTS PER SITE BLDGJCOMP. 161 10 OR MORE BUILDINGS/COMPONENTS PER SITE BLDGJCOMP. EXISTING MODULAR BUILDING RELOCATION 162 1 BUILDING/COMPONENT PER NEW SITE BLDGJCOMP. 163 2 BUILDINGS/COMPONENTS PER NEW SITE BLDGJCOMP. 164 3 BUILDINGS/COMPONENTS PER NEW SITE BLDGJCOMP. 165 4 BUILDINGS/COMPONENTS PER NEW SITE BLDGJCOMP. 166 5 BUILDINGS/COMPONENTS PER NEW SITE BLDGJCOMP. 167 6 BUILDINGS/COMPONENTS PER NEW SITE BLDGJCOMP. 168 7 BUILDINGS/COMPONENTS PER NEW SITE BLDGJCOMP. 169 8 BUILDINGS/COMPONENTS PER NEW SITE BLDGJCOMP. 170 9 BUILDINGS/COMPONENTS PER NEW SITE BLDGJCOMP. 171 10 OR MORE BUILDINGS/COMPONENTS PER NEW SITE BLDGJCOMP. Print Name of Firm Authorized Signature Print Name Page 5 EXHIBIT A-1. COST OF SERVICES FOR MOOULARS-UNIT PRICING.xlsx COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST GENERAL 1 Site research and plan preparation ,~'}, .. a Locator Service .... . 2 Site clearing CY 3 Soil Bearing Test ' .· ; 4 Fill and Compact to Grade CY 5 Building Foundation Type 1 EA 6 Building Foundation Type 2 EA 7 Building Foundation Type 3 EA 8 Building Foundation Type 4 EA 9 Remove Tie-Downs EA 10 Disconnect Then Demolish Ramps ...... · ... .. , '. ...... ' and Remove From Site I> . I' .. ' ..... ·· ...... a Wood Ramps EA b Concrete Ramps EA 11 Disconnect Then Demolish Stairs and ' . . . > . ........... Remove From Site I .... ·.· ': '; '~ . . , ...... ·· . ....... a Wood Stairs EA b Concrete Stairs EA 12 Disconnect Then Demolish Skirts and EA Remove From Site EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION ------------------------------------------------- DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST 13 Install Anchor Plates Labor Only EA (Plates Provided by District) a Install Anchors EA b Remove Anchors EA 14 Core Drill Concrete Wall for Electrical ... .. ..... . . . /::r;' ; l:~ .. s~f and Plumbing Piping .· ·•.·· ···•····· . = . ::' a 1"Hole EA ··•· ·. ''•\<' b 1 1/4" Hole EA y·"<''. c 1 1/2" Hole EA I• · . d 2"Hole EA . ;·, e 3"Hole EA f 4" Hole EA g 5" Hole EA 15 Contractor to provide port-a-pot EA .· 16 Contractor to provide dumpsters for EA .· .. , trash disposal FENCING .· ... :.:• > " ~ . . : :.; ~·~~~ •; .. .. ;: Fencing to include all post, rails, . ', ... :;:' . :. ' )!c;~i .... ''} GATES and hardware needed to . ~:;.· install Fences 1;: . 17 Provide 50' Fence Opening for EA Access to Site 18 Fence Removal From Site LF 19 Fence Closures: Close 50' Fence l~r~· :·' ·.··· . Opening •· a Temporary Closure LF b Permanent Closure 2 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST 20 Provide New 6' High Chain link l~t~ ,• ' Fencing ' ,' a Galvanized LF b Vinyl LF 21 Provide New 10' High Chain link ·-·-···{~?,>-';, f"~li:~: •'-,:. .·:· .. Fencing At Tennis Courts ' ..... _. ·• .. i' ... ·· . I •' : a Galvanized LF b Vinyl LF 22 Provide New 4' wide 6' High Fence ·. "•. • '5:~~1-:'S', -; Gate ·, ., .;•. .• :··vr., a Galvanized LF b Vinyl LF 23 Provide New 6' Wide 6' High Chain J· •• ;~·-' f .......... ,\: link Gate >., .. .. _... . '• . .. ·.,· ·· .. · a Galvanized LF b Vinyl LF 24 Provide New 12' Wide 6' High C~ .:" link Gate a Galvanized LF b Vinyl LF 25 6' High Fence Enclosure 8' Wide x 8' ·.-· ·. · ... , i·: Deep With 3' x 6' Gate For .. i> c, Transformer . : .· a Galvanized LF b Vinyl LF 3 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST "'"' 26 Ground Preparation and Sod i :;,' ;~~:~ i•t ' i Replacement ·. a Bahia SQF b St. Augustine SQF 27 Remove and Dispose of Electrical LF Conduit 28 Remove and Dispose of Electrical LF I Wire 29 Remove and Dispose of Sanitary LF Sewer and Water Piping. 30 Remove Transfonmer, Pad, Panels, EA System Boxes, Rack and Fencing. 31 Remove and/or Relocate Playground EA Equipment. """ Paving · ..•...• • ~rr ·······. . '• 32 Install Asphaltic Concrete Sidewalks LF 6' Wide 33 Install Concrete Sidewalk 4" thick, 6' LF wide 34 Concrete Slab Reinforced, 4" thick SQF 35 Demolish Asphalt Sidewalks and LF Base and Remove From Site 36 Demolish Concrete Sidewalk and LF Remove From Site. 37 Repair Asphalt LF 38 Resurface Asphalt LF 39 Seal coat Asphalt. LF 40 Parking Lot Striping LF 4 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST 41 Parking Bumpers ':•.·'··:<;f· ···•··. . a Removal EA b Install Reused EA c Install New EA : .'. . ..... ····· ,· ....... · ... ···· Car(2entrt: ··: ,· ··,, . :•:•::. . 42 Paint T -111 Exterior sheeting SQF 43 Paint Primed Ferrous Metal SQF 44 Paint Unprimed Ferrous Metal SQF 45 Paint Galvanized Metal and SQF Aluminum 46 Paint Polyvinyl Chloride SQF 47 Provide T-111 Skirting with 8 EA Ventilation and 2 Access Grills and Attachment to Portable 48 Construct Lift Station Cover EA Plumbing .. . . 49 Trenching, Back Fill, Compact to LF Grade For Water and Sanitary Lines 50 Water and Sanitary Pipe All . I~?· Trenching to be included in Line 49 .··· I' :::, ~:::. .~1~ a 3/4" PVC Schedule 40 LF b 3/4" PVC Schedule 80 LF c 1" PVC Schedule 40 LF d 1" PVC Schedule 80 LF e 1 1/4" PVC Schedule 40 LF 5 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST f 1 1/4" PVC Schedule 80 LF g 1 1/2" PVC Schedule 40 LF h 1 1/2" PVC Schedule 80 LF I 2" PVC Schedule 40 LF j 2" PVC Schedule 80 LF k 2 1/2" PVC Schedule 40 LF I 2 1/2" PVC Schedule 80 LF m 3" PVC Schedule 40 LF n 3" PVC Schedule80 LF 0 4" PVC Schedule 40 LF p 4" PVC Schedule 80 LF 51 Connect Water to Portable Including EA All Fittings and Valves 52 Connect to Existing Water EA Distribution System Including all Fittings and Valves 53 Connect Sewer to Portable Including EA All Fittings and Valves 54 Connect to Existing Sewer System EA Including all Fittings and Valves 55 Disconnects . . .... :~ ·.~:(!\~::······. [.~:· .. ·:. . .. . ,.~~~~~ ; ') a Water and Cap at Portable and Main EA b Sewer and Cap at Portable and Main EA 56 Disconnect and/or Connect Handicap EA Water Cooler 57 Handicap Water Cooler EA 6 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST 58 Packaged Lift Station With Cover " ~1]~"[\~ n ":' " ··--···---.. ------·-- a Duplex pre-fabr'ca1ej 20 GPM ~ [1ft EA s1atKJn to include 6 manhoe, two altemating pllllj:S, valves and pit, wet well influent and effuent piping and fittings, rontro1s and electrical pcmer su~ly devicEs safety equipnent, appurtenanoos, and site furnishings. Use h]{lromatic SK series model, subrnersble seNaQe ejector pump or approved equal, minimum Z' cfJai11El1er b 2 1/2" force main including fittings EA and valves c Fire Hydrant EA 59 Packaged -Pump provide 208 volt EA single phase self-contained Pump system including pump, basin, cover, check valve 60 Disconnect, Remove and reinstall EA packaged pump system to new location ,Gutters ,. ""' 61 Concrete Splash pan for downspout EA Qutter 62 4" PVC Underground Drain LF 63 Install Condensate Drains LF 64 Install Dry-Well 3' Deep, 3' diameter, EA Fill with gravel and geotextile fabric. 7 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST Electrical :· > ,' 65 Provide aD Material and Labor to oonnect Pa.ver, EA Systems, and Grounding at the Portable. Test aD Systems and Pa.ver. 66 Disoonnect all Pcwer and Systems at Portable EA and remove all conduit and wire to Systems and Pa.ver Rack 67 lns1all Pa.ver and Systems Rack All Conduit, EA Wre, J.Boxes, Pane5, Discx:mneds, Gutters and Transformers will be Prired Separately. 68 Disconnects .,,· ·.· : ' ' ' Provide Prices to Purchase, Install and ,: I> I '>· ' .:· Connect Wiring for the following Items l:ilt~;~ , .... : ' All Disconnects Will Be Heavy Duty with Ground and Neutral Bars (Copper) ': I ;~·:;l 1 •• 't . a 60 Amp-2 Pole 3 wire H. D. Fusible ·· .. ·:~~.{ ·······: .. ' : . ·· I 120/240 Volt with 2-60A Dual Element Fuses ' '• ).;'~~· 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA b 100 Amp 2 Pole 3 Wire H.D. Fusible .·;·":> .. · 120/240 Volts with 2-1 00 Amp Dual ·'>j,' Element Fuses 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA 8 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST c 200 Amp 2 Pole 3 Wire H.D. Fusible :~:~~;:' [?~,"? <,;~~f . ' ''~i)< ... 120/240 Volt with 2-200A Dual Element ' 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA d 100 Amp 3 Pole 4 wire H.D. Fusible 120/240 Volt with 3 -100 A Dual Element Fuses .. , ) 'I, 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA e 200 Amp 3 Pole 4 Wire H. D. Fusible . _.· )', i'!~i~( ~~~~~ ;'< 120/240 Volt with 3 -200 Amp Dual Element Fuses . 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA f 400 Amp 3 Pole 4 Wire H.D. Fusible . ·, .. ·· /:· . ' -· ---~ -,.. -··--·--~ -- 120/240 Volt with 3-400 Dual Element Fuses -_ .. -. 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA 9 100 Amp 3 Pole 4 wire H. D. Fusible 600 .-•· .. _ •. ':;:,jj~~t~ ; .·. •'~# Volt with 3-100 Amp Dual Element --··--· .. Fuses 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA h 200 Amp 3 Pole 4 Wire H.D. Fusible 600 Volt with 3-150/200 Amp Dual ! . ;:,.; ... ;' Element Fuses 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA 9 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST --.. -I 400 Amp 3 Pole 4 Wire H.D. Fusible •. ",:1~<< . ~~·.--. -~'f --- 600 Volt with 3-400 Amp Dual Element -~ . Fuses 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA 69 Load Centers I Panel Boards :;:. .-, ___ -.. ; -- 120/240 Volt Rated. Cutler Hammer or . . ;·•::<i, ,., ·c ~~~': .·.;i:(';,:<~i ;: . • . Square D Panels to include Ground '._···· -'·_; " Bars and Neutral Bars. All Bus Bars to <, be Copper. Include Wire Connection. All ·_ ..... · .. -E~ To Have Main Breaker Rated for •l,;:;:;,~"k·• '·< .-•· Equipment. Price to Include Installation ~'~~-. "· ·. .. ·•· a 100 Amp 2 Pole 3 wire 12/16 Circuit . ~>"' .. ,_ •. , --~· - 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA b 100 Amp 3 Pole 4 Wire • .... .... ;: ··- 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA ··-----·-···-·---···-···---···· --200 Amp 2 Pole 3 Wire -c <·. 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA d 200 Amp 3 Pole 4 Wire -- 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA 10 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST -----.. e 100 Amp 3 Pole 4 Wire 12/16 Circuit ;i' 1-,l, 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA f 400 Amp 3 Pole 4 Wire 30/40 Circuit 1) Nema 1 Enclosure EA 2) Nema 3R Enclosure EA 70 Breakers ·. ._ .. •:>•···, I;;~,, Price to Include Breaker and Mounting ---~; -. J .,,, . . i. "~;':.: Hardware, Installation and Wire .. Termination . ,/ J .;• a 2 Pole 60 Amp 120/208 V Bolt in EA Breaker b 2 Pole 80 Amp 120/208 V Bolt in EA Breaker c 200 Amp 3 Pole 480 Volt in MOP EA d 400 Amp 3 Pole 480 Volt in MOP EA e 400 Amp 3 Pole 120/208 Volt in MOP EA f 200 Amp 3 Pole 120/208 Volt in MOP EA h 20 Amp 1 Pole 120 Volt EA I 20 Amp 2 Pole 120/208 Volt EA 71 Boxes I Hand holes I Gutters ' .. ..:·: I,~, .. ;.:,:, '; ·· . ':,.:~~~ 1:<. •··. All Boxes and Gutters to be Weather .. •.. ·:·:<., l;:i~~ ~~rt'·. ,.,. , .. Proof. Include all Mounting Hardware. •"/ . .·.·:· ·~· a 12"x12"x6" Hoffman Nema 3R EA b 18"x18"x6" Hoffman Nema 3R EA c 8"x8"x6" Galvanized Box EA 11 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST d 12"x12"x6" Galvanized Box EA e 18"x18"x6" Galvanized Box EA f 24"x24'x10" Galvanized Box EA g 8"x8"x5' Gutter Galvanized EA h 12"x12"x5' Gutter Galvanized EA I 8"x8"x6" PVC Box with Cover EA j 1 O"x1 O"x6" PVC Box with Cover EA k 12"x12"x8" PVC box with Cover EA I 12"x18"x8" PVC Box with Cover EA m 14"x19" Brooks Box with Cover or Equal EA n 13"x24" brooks Box with Cover or Equal EA 72 Transformers ... .. ' . --··-- .;;:: i '· .. All Transformers to be 480 Volt Primary ,,~~';· .· .. . . ..... , .. ,,. ·. 120/208 Volt Secondary, 60 HZ, Nema I 3R. To Include Rain Guards, Ground .· Rods, Ground Rod Clamps or Cadweld, <'~<~-Ground Wire, Lugs and all Connections to Line and Load. . a 150 KVA -Delta!Wye -General EA Purpose Outdoor Type, 3 Phase, 62 1/2% rate of Rise, 80 Degrees, Pad Mount. b 75 KVA -Delta!Wye -General Purpose EA Outdoor Type, 3 Phase, 62 1/2% rate of Rise, 80 Degrees, Pad Mount. c 112.5 KVA -Delta!Wye -General EA Purpose Outdoor Type, 3 Phase, 62 1/2% rate of Rise, 80 Degrees, Pad Mount. 12 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST d 45 KVA • Oelta/Wye • General Purpose EA Outdoor Type, 3 Phase, 62 1/2% rate of Rise, 80 Degrees, Pad Mount. 73 Trenching for all Electrical Conduit. LF Trenches to have Multiple Conduit for Power and Systems 74 Conduit I ~ ;€:. /y··. ·.·· '"')~ ·•>·. All Conduit Runs to Include Couplings, :··· .. · ~~~{ ::./ .. ;,~~;; Strapping, and 2 Connectors with Grounding Bushings. Trenching is not .. Included in this Line Item. ( In Line Item .·• D.,L: 73) All Empty Conduit to have 200 lb • •c1It~ :~$;f~~ ··. .. '> i; ··. pull String Include 90 Degree Bends '<:'' :" .. and Condlets .·•····· · .. · .·· ... · ... ,B.;:.· .. · '. . . . .. • ... a 3/4" .. . ......... ~· ./ .. . · . . . . ·.; · .. · 1) Schedule 40 PVC LF 2) Schedule 80 PVC LF 3) Rigid Galvanized Conduit LF 4) Electrical Metallic Tubing LF b 1" '"' . S;; i ••• .. 1) Schedule 40 PVC LF 2) Schedule 80 PVC LF 3) Rigid Galvanized Conduit LF 4) Electrical Metallic Tubing LF 13 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST c 1 1/4" 'I','' ,'' ::-,, ,,,,, '/ lie: 1) Schedule 40 PVC LF 2) Schedule 80 PVC LF 3) Rigid Galvanized Conduit LF 4) Electrical Metallic Tubing LF d 1 1/2" ,,,.' ',,,,:' ·-····-~ ' ', ' ,, ', 1) Schedule 40 PVC LF 2) Schedule 80 PVC LF 3) Rigid Galvanized Conduit LF 4) Electrical Metallic Tubing LF e 2" ' ,L •• ,, :.<.'', ,::, 1) Schedule 40 PVC LF 2) Schedule 80 PVC LF 3) Rigid Galvanized Conduit LF 4) Electrical Metallic Tubing LF f 2 1/2" -..... " < ,,, ' '' ' ::;;, -<'-: ' ' 1) Schedule 40 PVC LF 2) Schedule 80 PVC LF 3) Rigid Galvanized Conduit LF 4) Electrical Metallic Tubing LF _, 3" ·.~~r ',, ,,':;~'. g -""" 1) Schedule 40 PVC LF 2) Schedule 80 PVC LF 3) Rigid Galvanized Conduit LF 4) Electrical Metallic Tubing LF 14 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION I L_ -- DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST h 4" . . i1il·:~ ·. •··. >·. < 1) Schedule 40 PVC LF 2) Schedule 80 PVC LF 3) Rigid Galvanized Conduit LF 4) Electrical Metallic Tubing LF 75 Wire ·.,:l;L . . { •• > k ..• :. All Power Wire to be THHN Stranded or f ~\llJ l .:.:; .·; >·· .. ; .. ·. :·· .• 7 THWN Stranded COPPER .::,·s·. a # 12 LF b #10 LF c #8 LF d #6 LF e #4 LF f #3 LF g #2 LF h #1 LF I #0 LF j #00 LF k #000 LF I #0000 LF m 250MCM LF n 350MCM LF 0 500MCM LF 15 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST p 600 MCM LF q 750 MCM LF r 22 Ga 2 Pair One Pair Shielded ( LF Intercom) s 22 Ga 15 Pair Overall Shield LF t 22 Ga 27 Pair Overall Shield LF u RG 11 lTV Coax Solid Core w/ LF Connectors v RG 59U lTV Coax Solid Core w/ LF Connectors 76 Intercom ,wJ,~J{ , . 'i:.::;lti 1< .. . •. Price to Include All Connections at the :]1>~. u;' . J'c" Portable and at the Console or J-Box : Include Testing of Intercom System .· ··: a Purchase and Install Wall Speaker EA b Purchase and Install Call Button EA c Purchase and Install Punch Down Block EA d Purchase and Install Surge Protection EA (OPX) 77 Fire Alarm .. ; ,!:: ... ·---··-------·----·--·· ·::.: -· --·-·-·- "· · ... ::,,:. I"' . I; ·: Price to Include All Connections at the .. i};, ')\' . .' I •• ~~~~.~:~ I Portable and at the Fire Alarm Control . ~~/ ~~-··· 1'-' Cab. Include Testing of Fire Alarm System . , , ... " . I a Purchase and Install Horn/Strobe EA (interior) b Purchase and Install Horn/Strobe EA (exterior) c Purchase and Install Manual Pull EA Station 16 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST d Purchase and Install Smoke Detectors EA e Purchase and Install Heat Detectors EA f Purchase and Install Power Supply EA Driver with Supervisory Capability 78 Miscellaneous ·• •·····~··~ :o ••. :.·. •• •• ·.··;•::•r; !E<•r•· ... ·~ . '\ .. · ... ~~ :. •'ii:.:a·•:'~>. .. . . .;; a 120 Volt Fluorescent 2 Lite Electronic EA Ballast b 120 Volt Fluorescent 3 Lite Electronic EA Ballast c 120 Volt Fluorescent 4 Lite Electronic EA Ballast d T-8 Fluorescent Lamp EA e Single Pole 120 Volt Switch EA f 3 Way 120 Volt Switch EA g Single Switch Plate (Stainless Steel) EA h 2 Gang Switch Plate (Stainless Steel) EA I 3 Gang Switch Plate ( Stainless Steel) EA j 120 Volt Duplex Receptacle EA k Single Duplex Receptacle Plate ( EA Stainless) I 80 Amp Main Breaker w/Lock Down Kit EA m Time Delay Switch (for bathroom EA liQhUfan) n 120 Volt GFCI Receptacle w/Cover EA 0 lTV Outlet with Jack and Plate EA p Bathroom Exhaust Fan (Motor) EA q Bathroom Exhaust Fan EA 17 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST r Photocell EA s PL 13 Single Light Fixture w/ Lamp EA t Repair Fluorescent Fixture EA Tombstones, Ballast Covers, Lenses. u REPLACE EMERGENCY LIGHT EA v REPLACE EMERGENCY LIGHT EA BATTERY w REPLACE EMERGENCY LIGHT LAMP 79 Stairs and RamQs .• ,,;~* '· ·::r·.> I .· .• · ;:'' .• ··.t·~~-1''.;., : •i ••••• .. Furnish and install to include all railings, -~~ ~·~' .. • ·.·. I : . ;1,1'-;.· ..... · l_.;:·f~;:.: legs pads and necessary hardware. :z: . . . . .; {;; . · .. · .... .. :'~·· a 5' x 5' Landing EA c 2 step riser EA d 3 step riser EA e 4 step riser EA f 5 step riser EA g 10' ramp EA h 12' ramp EA I 14' ramp EA j 16' ramp EA k 18' ramp EA I 20' ramp EA m 24' ramp EA n 26' ramp EA 0 28' ramp EA 18 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION ---------------------------------------------------- DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST p 30' ramp EA q Turn back ramp and landings as EA needed to be preapproved by PBDSB. r Disconnect and relocate Stairs EA s Disconnect and relocate Ramps EA t Reconnect relocated Stairs EA u Reconnect relocated Ramps. EA Data ---·-------------·------·-··-··--·-·· .· 80 Install suffident 12 Stiarid 1i:iei-opoc cables from ,. ;.() Syslems rack 1o closest da1a ca0net 1o provide •. -·ii ~t·),;: ·. tv.u strands per portable reN and existing. Install one 4 strand fiber optic cable 1o each pOJ1able as . ' ,}~~-·: designa1ed by Ire PBDSB. Install 1 four port .1. . - tv.u port, ·1 six port data outlet, and Electronics in · .. each portable Electronk:s 1o be slq)ied by Ire . ,,,: ,-, . PBDSB. Terminate aB category 5E da1a cables and Fiber Optic Cable. lnslaB an wire . :~1 management and velcro cable ties. fv1ake · all ·:_. nec:sssary spiCSS in . fiber optic Cables, keep .-- spices 1o a mininum Test all category 5E and . ;~\:; Fber Optic Cables and provide lest resuHs 1o 1----t; . PBDSB personnel, All terminations and lest 1o be . ·. performed by BICSI Certified personnel, ProVde !:L, proof of Certification 1o PBDSB bel"a"e starting ,. /--'. work. PBDSB ~ will provide outlet ·-locations. All materials and equipnent under ,I. this line item will be provided by PBDSa 19 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION ----·--------------------------------------------------- DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST a 4 strand fiber optic cable ( Brand Rex LF part # CG-0041 ) b 12 strand fiber optic cable (Brand Rex LF part# CG-0121 ) c Cat 5E Plenum Cable ( Mohawk# LF M55988) d Cat 5E Non-Plenum Cable ( Mohawk # LF M55989) e Mini -Jacks ( Panduit # CJ5881W) EA f ( Panduit# EA CFPE21W) 9 4 Port Face Plates ( Panduit # EA CFPE41W) h 6 Port Face Plates ( Panduit # EA CFPW61W) I Fiber Optic Coupling Module ( Panduit # EA CMSTIW) j Fiberlok II Splice ( 3M # 2529 ) EA k 6100 Hot Melt Fiber Connectors (3M EA #80-611-2753-3 ) 20 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION 81 Furnish and install the following .items lns1all su1lident 12 strard fber q:>tic cables fron1 sys1ems rack 1o cklsEst data cabret Jo ~ 1lM> strards per pOOabe reN ard e:xis!irYJ.Install one 4 strard fiber q:>tic ~ 1o eOCh ~leas desgnaled by m PBDSa 1ns1a11 1 bi pcXt, 1 1\M) pcXt, 1 six pat data ouUet. ard ~· h eOCh portable Eledrl:lri:s to be suppled ....•.• PBDSB. Terrninale all Calegay 5E data ard Fiber Optic • cal:*:!. Instal .. ·• a11 · v.re ~ ard \elao cable. ties. Make all . neoossary spf03S in fber qllic cables, . keep sp'a!s 1o a minfnum. Test all Ga1egoly 5E ard Fber Optic cables .ard prOvk:le lest reSults 1o PBDSB personnel. All terrnina1bns ard 1est 1o be performed by BICSI• Certified personnel, PIOVde proof of Certificatbn lo PBDSB before startioj work· PBDSB .. representative will proVde oullet klcatbns. . . . . QTY UNIT PRICE a 4 strand fiber optic cable ( Brand Rex LF part # CG-0041 ) b 12 strand fiber optic cable ( Brand Rex LF part# CG-0121 ) c Cat 5E Plenum Cable ( Mohawk # LF M55988 d Cat 5E Non-Plenum Cable ( Mohawk# LF M55989 e Mini -Jacks ( Panduit # CJ5881W) EA MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST 21 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION QTY UNIT PRICE MATERIAL LABOR LABOR TOTAL LINE ITEM COST HOURS RATE LABOR COST f 2 Port Face Plates ( Panduit # EA CFPE21W) g 4 Port Face Plates ( Panduit # EA CFPE41W) h 6 Port Face Plates ( Panduit # EA CFPW61W) I Fiber Optic Coupling Module ( Panduit EA #CMSTIW) j Fiberlok II Splice ( 3M # 2529 ) EA k 6100 Hot Melt Fiber Connectors (3M EA #80-611-2753-3) 82 Demolition of Type 6 Wood Portable .· .·. :'~' l:i::'";; "< ' a Disconnect all Power and Systems EA b Remove and Demolish Wood Stairs and EA Ramps c Demolish Wooden Portable LF d Demolish Concrete Sidewalks LF e Remove all Freon, LB f Remove all Lamps EA g Remove all Ballast EA h Remove all Battries EA I Remove all Debris from Site. CY j Remove all Plumbing Pipiing EA k Remove Lift Stations EA I Grade and Replace Sod as Needed CY 22 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION DESCRIPTION ~~~· UNIT MATERIAL LABOR LABOR TOTAL LINE ITEM PRICE i····· COST ··HOURS RATE. .LABOR COST 83 Fire Protection Installation . ·~· ! i Providing of design, labor, material and equipment necessary to complete a wet automatic fire sprinkler systems 84 MAKE REPAIR TO EXISTING t····.· IRRIGATION SYSTEM OR MODIFY . ··~"· •.. 1••; /< TO ALLOW FOR THE INSTALLATION }~r I I OF PORTABLES. USE SCHEDULE 40 PVC TO INCLUDE ALL FITTINGS. . A ROTARY HEAD EA B %MIST HEAD EA c %MIST HEAD EA D FULL MIST HEAD EA 85 Unit Prices For Labor .. :..::· .. .: ... :; .. •· ... · .. Certain Purchase orders may require the .... ·. ; •':::..:~:· . :. ••••• proposer to oomple1e task on a time and ma1erials basis. Sud"! purchase orders Wll be i!Mliood by . the proposer for ma1erials actually used and for . labor provided as based on hourly ra1es provided • •••••••••••••• :;. belo.N. Completed labor ra1es as required bebN must be provided. Proposals, whicildonotinclude I i. f .··•··••• I ;··· ... ;. the foiiONing, wiD not be consi:lered (Please ·~ 't~ . . .. provK:le labor ra1es in figures only) .···; ·~ ~···· ··. . ....• . 1~ '· .. 23 EXHIBIT A-2 COST OF SERVICES FOR INSTALLATION Normal Premium Rate Rate 1 LABORER $ per hour $ per hour 2 CARPENTER JOURNEY PERSON $ per hour $ per hour 3 CARPENTERFOREPERSON $ per hour $ per hour 4 CARPENTER HELPER $ per hour $ per hour 5 ELECTRICAL JOURNEY PERSON $ per hour $ per hour 6 ELECTRICAL FOREPERSON $ per hour $ per hour 7 ELECTRICAL HELPER $ per hour $ per hour 8 PLUMBING JOURNEY PERSON $ per hour $ per hour 9 PLUMBING FOREPERSON $ per hour $ per hour 10 PLUMBING HELPER $ per hour $ per hour 11 MASON JOURNEY PERSON $ per hour $ per hour 12 MASON FOREPERSON $ per hour $ per hour 13 MASON HELPER $ per hour $ per hour 14 ROOFING JOURNEY PERSON $ per hour $ per hour 15 ROOFING FOREPERSON $ per hour $ per hour 16 ROOFING HELPER $ per hour $ per hour 17 OPERATOR $ per hour $ per hour 18 IRRIGATION JOURNEY PERSON $ per hour $ per hour 19 IRRIGATION HELPER $ per hour $ per hour * Premium Rate-Weekend and Holidays Print Name of Firm Authorized Signature Print Name 24 EXHIBIT A-2 COSTOF SERVICES FOR INSTALLATION EXHIBIT A-3 HYPOTHETICAL PROJECT -COST OF SERVICES UNIT PRICING ITEM NO ITEM DESCRIPTION · MODULARS PER UNIT PRICE FROM QUANTITY EXTENSION EXHIBIT A-1 FROM EXHIBIT A-1 COST OF SERVICES FOR MODULARS UNIT PRICING 1 PRELIMINARY SITE PLAN PROJECT 1 14 24 X 40 CLASSROOM BLDG. 1 32 CONCRETE MODULAR STAIR STRUCTURE LEFT OR RIGHT 90 BLDG. 1 37 14 X 24 CONCRETE CORRIDOR SECTION SECTION 1 38 CUSTOM SIZED CONCRETE CORRIDOR SECTION BLDG. SQ.FT. 1 46 SINGLE HANDICAPPED BATHROOM FOR ANY SINGLE MODULAR STRUCTURE UNIT 1 62 SINGLE HUNG WINDOW -IMPACT UNIT 1 65 INTERIOR FRAMING MATERIAL & LABOR SQ. FT. 800 66 DRYWALL HANG & FINISH SQ. FT. 800 68 BUILT IN TEACHER WORKSTATION PER DISTRICT STANDARD UNIT 1 75 BUILT IN CUBBIES 30"H PER DISTRICT STANDARD UNIT 1 78 LOCKERS UNIT 1 81 UPGRADE TO FLUSH VALVE WATER CLOSET UNIT 1 84 ACCOUSTICAL CEILING SQ. FT. 800 85 VCT FLOORING SQ. FT. 800 92 ELECTRICAL OUTLET UNIT 1 97 DISTRICT STANDARD PROJECTION PACKAGE UNIT 1 110 LIGHTNING PROTECTION SYSTEM BLDGICOMP 1 112 PA SYSTEM & CERTIFICATION BLDGICOMP 1 116 PLUMBING TIE-IN FOR INTER BUILDING CONNECTIONS. SGL HANDICAPPED R.ROOM. BLDGICOMP 1 119 INSTALLATION OF TRANSFORMERS 7 ELECTRICAL GEAR FOR MODULAR EXPANSION UNIT/DESIGN 1 120 ROOFING SQ. FT. 1000 121 GUTTERS & LEADER HEADS LF 40 129 4" HOLE HOLE 1 141 CONCRETE SLAB SQ. FT. 1200 146 SOD INSTALLATION SQ. FT. 3600 150 CONTRACTOR TO PROVIDE PORT-A-POT MONTH 1 151 CONTRACTOR TO PROVIDE DUMPSTERS FOR TRASH DISPOSAL PULL 1 NEW MODULAR BUILDING AND COMPONENT DELIVERY 153 2 BUILDINGS/COMPONENTS PER SITE BLDG.ICOMP. 1 157 6 BUILDINGS/COMPONENTS PER SITE BLDG.ICOMP. 1 161 10 OR MORE BUILDINGS/COMPONENTS PER SITE BLDG.ICOMP. 1 EXISTING MODULAR BUILDING RELOCATION 162 1 BUILDING/COMPONENT PER NEW SITE BLDG.ICOMP. 1 167 6 BUILDINGS/COMPONENTS PER NEW SITE BLDG.ICOMP. 1 171 10 OR MORE BUILDINGS/COMPONENTS PER NEW SITE BLDG.ICOMP. 1 I PAGE 1 TOTAL I EXHIBIT A· 3. HYPOTHETICAL PROJECT COST SHEETS.xlsx ITEM DESCRIPTION EXTENSION HOURS 1 CY 20 EACH 1 CY 250 EACH 2 EACH 1 EACH 2 EACH 2 UN. FT. 30 LIN. FT. 30 EACH 2 EACH 2 SQ. FT. 3600 4" THICK, 6' WIDE LIN. FT. 140 ICK SQ. FT. 25 GRADE FOR WATER AND SANITARY LINES UN. FT. 70 LIN. FT. 35 LIN. FT. 35 EACH 1 EACH EACH EACH EACH 2 LIN. FT. EACH EACH 25 140 20 10 8 1400 80 LIN. FT. 245 LIN. FT. 115 LIN. FT. 65 LIN. FT. 50 EACH 1 EACH 1 EACH 2 EACH 2 EACH 1 LIN. FT. 115 HOUR 34 HOUR 12 HOUR 85 PAGE 2TOTAL P;11Jo&2 .EXHIBIT A· 3, HYPOTHETICAL PROJECT COST SHEETSJdsx HYPOTHETICAL PROJECT COST SHEET Prices entered on this Hypothetical Project Cost Sheet must match exactly the prices submitted on the Cost of Services for Modulars and the Cost of Services for Installation. Before submitting Exhitit A (A~1, A·2 and A-3) please carefully examine the transfer of your prices and ensure the accuracy of your price extensions. These documents will be submitted as specified In Section 00040, Instructions to Proposers, Article 6. Print Name of Firm Authorized Signature Print Name HYPOTHETICAL PROJECT TOTAL PRICE IN WORDS Pilge3 EXHIBIT A· 3. HYPOTHETICAL PROJECT COST SHEETS.xlsx EXHIBIT B PROPOSAL RESPONSE FORM RELOCATABLE MODULAR CLASSROOMS AND NON-INSTRUCTIONAL BUILDINGS PURCHASE AND BASIC INSTALLATION Anti-Collusion Statement: I, the undersigned authorized representative for the Proposer, certify the Proposer has not divulged, discussed or compared this Proposal with any other Proposers and have not colluded with any other Proposer in order to gain unfair advantage in the award of this Project. I acknowledge that all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, Florida Statutes. Proposal Certification: I further certify that I have read the entire contents of this Request For Proposal document and agree to full, complete and unconditional acceptance of the contents of this Request for Proposal, and all appendices and the contents of any Addendum released hereto. I further certify that by virtue of executing and returning this Proposal Response Form, I am submitting the following information as this company's Proposal. PROPOSER (firm name):---------------------------- STREET ADDRESS: _____________________________________________________ __ CITY/STATE/ZIP: -------------------------------------------------------- CONTACT PERSON: _____________________________________________________ _ CONTACTPERSON'SADDRESS: ___________________________________________ ___ TELEPHONE: ____________ CELLPHONE:. _____________ _ FAX: __________________________ TOLLFREE: _________________________ ___ E-MAIL ADDRESS: ____________________________ __ PROPOSER TAX PAYER IDENTIFICATION NUMBER:-------------------------------- PRINT NAME OF AUTHORIZED REPRESENTATIVE: ______________ :---------------------- SIGNATURE OF AUTHORIZED REPRESENTATIVE: _________________________________ __ TITLE: ____________________ DATE: ___________ ___ NOTE: Entries must be completed in ink or typewritten. An original manual signature is required Submit this form with your proposal. EXHIBIT C DISCLOSURE STATEMENTS RELOCATABLE MODULAR CLASSROOMS AND NON-INSTRUCTIONAL BUILDINGS PURCHASE AND BASIC INSTALLATION Disclosure of Discrimination Complaints Statement: I, the undersigned authorized representative for the Proposer, certify the Proposer has not, within the past ten years from the Proposal due date, been involved in any occurrences in which a complaint has been filed against the Proposer, litigation has been filed against the Proposer, litigation is pending against the Proposer, or the Proposer is currently involved in a legal or administrative proceeding alleging that the Proposer discriminated on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability against any of its subconsultants, vendors, suppliers, or commercial customers. If there has been such an occurrence, The Proposer shall provide a specific description of each occurrence and the status or resolution of each occurrence, including any remedial action taken. Disclosure of Disqualifying Crimes Statement: I further certify that neither the Proposer nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in a procurement activity by the State of Florida or any Federal Government agency. Further, proposer certifies that it has divulged, in its RFP response, information regarding any of these actions or proposed actions with other governmental agencies. If there has been such an occurrence, The Proposer shall provide a specific description of each occurrence and the status or resolution of each occurrence, including any remedial action taken. The Proposer understands and agrees that should it be discovered to be in violation of, or fail to disclose information regarding these clauses it may be considered a material breach of the contract and may result in contract termination, debarment, and other sanctions. PROPOSER (firm name):---------------------------- STREET ADDRESS: _____________________________________________________ __ CITY/STATE/ZIP: -------------------------------------------------------- CONTACT PERSON: _____________________________________________________ _ CONTACT PERSON'S ADDRESS: ___________________________________________ ___ TELEPHONE: ______________________ CELLPHONE: __________________________ ___ FAX: _____________________________ TOLLFREE: ___________________________ _ E-MAIL ADDRESS: ________________ ~-------------------------------------- PROPOSER TAX PAYER IDENTIFICATION NUMBER: ----------------------------------- PRINT NAME OF AUTHORIZED REPRESENTATIVE:, _________________________________ _ SIGNATURE OF AUTHORIZED REPRESENTATIVE: _________________________________ _ TITLE: ____________________________________ DATE: _____________________ ___ NOTE: Entries must be completed in ink or typewritten. An original manual signature is required Submit this form with your proposal. EXHIBIT D M/WBE SUBCONTRACTOR PARTICIPATION RESPONSE RELOCATABLE MODULAR CLASSROOMS AND NON-INSTRUCTIONAL BUILDINGS PURCHASE AND BASIC INSTALLATION This Form shall be submitted to the School District of Palm Beach County, Construction Purchasing Department, 3661 Interstate Park Road North, Suite 209, Riviera Beach, Florida, 33404 with your proposal. Proposal Certification: I hereby certify full, complete and unconditional acceptance of the M/WBE subcontractor participation requirement of a minimum of 12% established for this contract and acknowledge that contract award is conditional upon achievement of this requirement, or demonstration of acceptable Good Faith Efforts, as specified in Section 00090 M/WBE PARTICIPATION REQUIREMENTS. Construction Services: Only a sub-contractor certified as an African American by the School District of Palm Beach County Office of Diversity in Business Practices or the State of Florida Office of Supplier Diversity or its successors shall qualify for sub-consultant participation for Professional Services. As described in School Board Policy 6.143, graduation from the School District of Palm Beach County M/WBE certification or denial of M/WBE certification by the School District of Palm Beach County shall void acceptance of certification by the State of Florida Office of Supplier Diversity or its successors. A copy of the sub- consultant's /sub-contractor's current M/WBE Certification shall be included in the Proposers response to satisfy the requirement for this Category. The School District of Palm Beach County Office of Diversity in Business Practices (ODBP) shall validate the sub-consultant's/subcontractor's certification. By virtue of executing and returning with this Proposal this Required Response Form, I further certify full, complete and unconditional acceptance of the contents of this Request for Proposal, and all appendices and the contents of any Addendum released hereto. PROPOSER (firm name):--------------------------- STREET ADDRESS: _____________________________________________________ __ CITY/STATE/ZIP:------------------------------ PRINT NAME OF AUTHORIZED REPRESENTATIVE:---------------------------------- SIGNATURE OF AUTHORIZED REPRESENTATIVE:---------------------------------- TITLE:-----------------DATE: _____________ _ CONTACT PERSON: ____________________________ _ CONTACT PERSON'S ADDRESS: ____________________________________________ ___ TELEPHONE: ____________ CELLPHONE: _____________ ___ FAX: _______________ TOLLFREE: ______________ _ E-MAIL ADDRESS: _________________________ _ PROPOSER TAX PAYER IDENTIFICATION NUMBER: --------------------------------- NOTE: Entries must be completed in ink or typewritten. An original manual signature is required. Submit this form with your Proposal. -------------------------------------------------- PUBLIC ENTITY CRIMES STATEMENT SCHOOL DISTRICT OF PALM BEACH COUNTY SWORN STATEMENT UNDER SECTION 287.133 (3) (a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES EXHIBITE THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to: _____ -:--:-------:-----:--:-:---:--------- (print name of public entity) By __________ ~--------------------- (print individual's name and title) fur ________________________________ _ (print name of entity submitting sworn statement) whose business address is------------------------- and (if applicable) its Federal Employer Identification Number (FEIN) is: ----------(If entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement.) understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b}, Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a}, Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. ------------------------------------------------------ I understand that a "person" as defined in Paragraph 287.133(1 )(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which submits proposals or applies to submit a proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) __ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to September 1, 1990. __ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to September 1, 1990. __ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to September 1, 1990. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE DIRECTOR OF THE PURCHASING DEPARTMENT FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this ____ day of,, _____ 20 __ Personally known OR Produced identification Notary Public-State of ____ _ My commission expires ____ _ (Type of identification) (Printed typed or stamped commissioned name of notary public) EXHIBIT F THE SCHOOL DISTRICT OF PALM BEACH COUNTY BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT Bid No .. ________ _ Project No.!Title ____________________________ _ Corporate Name:. ________________________________________ _ Tax FEIN No .. __________________ _ Before me, the undersigned authority, personally appeared, , ("Corporate Representative") this ___ day of ______ , 20_, who, first being duly swom, as required by law, subject to the penalties prescribed for perjury, deposes and says: 1) Corporate Representative has read the contents of this Affidavit, has actual knowledge of the facts contained herein, and states that the facts contained herein are true, correct, and complete. 2) The following is a list of every "person" (as defined in Section 1.01 (3), Florida Statutes to include individuals, children, firms, associates, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups and combinations) holding 5% or more of the beneficial interest in the disclosing entity: (If more space is needed, attach separate sheet) A. Persons or corporate entities owning 5% or more: Name Address Percentage B. Persons or corporate entities who hold by proxy the voting power of 5% or more: Name C. Stock held for others and for whom held: 1. 2. 1. 2. 1. 2. Name Address Percentage Address Percentage CORPORATE REPRESENTATIVE By: ________________ _ SWORN TO and subscribed before me this ___ day of , 20_, by . Such person(s) (Notary Public must check applicable box): [ 1 is/are personally known to me. [ 1 produced a current driver license(s). [ 1 produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Print, Type or Stamp Name of Notary Public) PBSD 1997 (Rev. 1/13/2009) EXHIBITG DRUG-FREE WORKPLACE CERTIFICATION PROJECT NAME: PROJECT NO: Preference shall be given to proposers certifying they have a Drug-Free Workplace in accordance with Section 287.087, Florida Statutes. Effective January 1, 1991 this requirement affects all public entities of the State. The special condition is as follows: IDENTICAL TIE PROPOSALS -Whenever two or more proposals which are equal with respect to meeting the RFP criterion are received, preference shall be given to a Proposer that submits a Drug Free Workplace Certificate in accordance with Florida Statutes 287.087. 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities of contractual services that are under the proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under the proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Florida Statutes, Chapter 893.01 et seq. or of any controlled substance law of the United States or any state, for violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. COMPANY NAME SIGNATURE Shall be executed and returned with Proposal. PBSD 0580 ATTACHMENT A THE SCHOOL DISTRIG OF PALM BEACH COUNTY OFFICE OF DIVERSITY IN BUSINESS PRAGICES Participation Letter of Intent 0 Minority/Women Business Enterprise (M/WBE) 0 Small Business Enterprise (SBE) Submit completed form to the Senior Project Administrator (SPA). Direct all questions to (561) 434-8508. Form must be submitted to Demandstar.com BID/RFP or Project Name ----------------------------------------------------------------- BID/RFP or Project# Name of Bidder/Construction Manager The undersigned intends to perform work with the above project as (check one): D Individual D Partnership D Corporation D Joint Venture* *If a joint venture, attach letterhead or other documentation proving relationship. The undersigned intends to perform work with the above project as (check one): D Subcontractor D Subconsultant D Manufacturer osupplier The undersigned is: D Certified with the School District of Palm Beach County M/WBE Coordinator D Certified with the State of Florida, Department of General Services (Provisional) The undersigned is: (MWBE must check one in column 1 and column 2; Column 2. completed by both MWBE or SBE; Column 3 completed by MWBE or SBE if applicable) Column 1 CMWBE ONLY) Column 2 CMWBE ONLY) Column 3 D African American D Native American D Asian American D American D Hispanic American D Female D Male D Physically Impaired PARTICIPATION The undersigned intends to perform the following work in connection with the above project: Item No. Division No. Contract (Trade) Items (Description/Division) Amount If the undersigned intends to sub-contract any portion of this subcontract to a non-certified M/WBE or SBE subcontractor, the amount of any such subcontract must be stated $ Name of M/WBE or SBE Subcontracting Firm Name and Position (type or print) INTERNAL USE ONLY-ROUTING DISPOSITION All executed originals of the form must be submitted to the Office of Diversity in Business Practices 3300 Forest Hill Blvd., A-106, West Palm Beach, FL 33406-5813 Signature PBSD 1525 (Rev. 7/6/2011) ORIGINAL-Office of Diversity in Business Practices Date ATIACHMENTB 1. PROJECT NAME 12.PROJECT NU_MBER I'· APPLICATION NO. 14. PO NUMBER IS. APPLICATION DATE THE SCHOOL DISTRIG OF PALM BEACH COUNTY Professional and Construction Services Utilization Report 0 Minority/Women Business Enterprise (M/WBEJ Q Small Business Enterprise (SBE) 6. REPORTING PERIOD To From 17. GMP MWBEJSBE GOAL% I"" RFP GOAL% 19. ESTCONST BUDGET 110. COMPLETON DATE I"· MWBE/SBE PART TO DATE 112. %COMPLETED This report Is required by The School District of Palm Beach County. Failure to comply may result in The School District commencing proceedings to impose sanctions on 21. CONTRACT SUM TO DATE (50702 Une 3) the contractor/consultant. In addition to pursuing other legal remedies, sanctions may include the withholding of payments for work committed to Minority, Women & 24. APPROVED GMP AMOUNT Small Business Enterprise participants, and a negative recommendation on future bids by the contractor/consultant for The School District of Palm Beach County. 13. CONTRACTOR'S NAME 14. STREET ADDRESS/ APT# /CITY /STATE /ZIP CODE 22.CURRENT PAYMENT DUE (SD702 Line 8) 25. MWBE/S8E SUBCONTRACTOR PART AMT. 15. PROJECT MANAGER (Prime) 116. TELEPHONE# 117.FAX# 18. SENIOR PROJECT ADMINISTRATOR (PBCSD) 119. TELEPHONE# 120.FAX# 23. COMPL & STD TO DATE (SD702 line4) 26. MWBE/SBE SUBCONSULTANT PART AMT. 28. NAME OF SUBCONTRACTORS, SUB CONSULTANTS, 29. 31. CONTRACT 32. AMOUNT DRAWN 33. AMOUNT DRAWN 34. TOTAL PAID 35.ACTUAL 36. SCHEDULED 27.FEDID# VENDORS, SUPPLIERS, MFRS. MINORITY 30. WORK DESCRIPTION AMOUNT PREVIOUSLY THIS MONTH TO DATE START DATE COMPLETE CODE FOR PROJECT DATE Commencing on September 1, 1996, partial release of lien is required from each subcontractor &vendor and shall <TOTALS (All pages) accompany any application and certification for payment. Prompt payment to CONTRACTOR/CONSULTANT is dependent on appropriate documentation. The signature below of corporate officer attest to the accuracy of the Information. STATE OF FLORIDA. PALM BEACH COUNTY IN WITNESS WHEREOF, I have hereunto set my hand and official seal this Signature of Company Officer Dote day of COMPANY SEAL Title Phone# My commission expires NOTARY PUBUC. SATE OF FLORIDA PBSD 1 S28 (Rev. 1/9/2012) ORIGINAL-Office of Diversity in Business Practices COPY-Construction Department Pagel of2 THE SCHOOL DISTRICT OF PALM BEACH COUNTY I PROJECT NAME I REPORTING PERIOD I PROJECT NUM~ER I APPICATION NUMBER Professional and Construction Services To From Utilization Report page 2 of 3 28. NAME OF SUBCONTRACTORS, SUB CONSULTANTS, 29. 31.CONTRACT 32. AMOUNT DRAWN 33. AMOUNT DRAWN 34. TOTAL PAID 35.ACTUAL 36. SCHEDULED 27. FED ID# VENDORS, SUPPLIERS, MFRS. MINORITY 30. WORK DESCRIPTION AMOUNT PREVIOUSLY THIS MONTH TO DATE START DATE COMPLETE COOE FOR PROJECT DATE <SUBTOTALS PBSD 1528 (Rev. 1/9/2012) ORIGINAL· Office of Diversity In Business Practices COPY· Construction Department (this page only) Page2of2 INSTRUCTIONS 1. Name of Project 2. School Project Number 3. Application Number-From document SD 702 or from project manager 4. School District's Purchase Order Number S. Application date is same date as on draw application 6. Reporting Period -from document SD 702 "Period to" 7. Minority Women Business Enterprise/Small Business Enterprise Goal as set by Guaranteed Maximum Price for this project . 8. Minority Women Business Enterprise/Small Business Enterprise Goal as set by the Request for Proposal for th1s project 9. Estimated Construction Budget for this project 10. Scheduled completion date for this project 11. Percentage of Minority Women Business Enterprise/Small Business Enterprise participation 12. Percentage of project completed to this date 1 3. Business name of prime contractor 14. Prime contractor's mailing address 15-17. Project Manager's name, phone and fax number 18-20. School District's Senior Project Administrator's name, phone and fax number 21. Amount of contract including base bid, change orders, and exercised alternatives. 22. Total of this draw as authorized on the SD702 document 23. Prime contractor's Completed and stored amount to date 24. School District approved Guaranteed Maximum Price (amount) 2S. Minority Women Business Enterprise/Small Business Enterprise subcontractor participation (amount) 26. Minority Women Business Enterprise/Small Business Enterprise sub-consultant participation (amount) 27. Federal Identification Number 28. Business name of subcontractor, sub-consultant, vendor, supplier and manufacturer 29. Subcontractor's/sub-consultant's Minority Women Business Enterprise/Small Business Enterprise status MINORITY WOMEN BUSINESS ENTERPRISE A= Black Male B =Black Female C =Hispanic Male D =Hispanic Female E =Indian/Alaskan Male F =Indian/Alaskan Female G =Asian Male H =Asian Female I= White Female N =Non-Minority/ Small Business SMALL BUSINESS ENTERPRISE SBE =Small Business Enterprise N =Non-Small Business Enterprise 30. Brief description of work each subcontractor will perform (Roofing, HVAC, Trash removal, consulting, etc) 31. List contract total for each subcontractor/sub- consultant 32. Amount drawn previously for subcontractor/sub- consultant 33. Amount drawn this month for each subcontractor/sub- consultant 34. To date total amount paid to each subcontractor/sub- contractor 35. Start date for each subcontractor/sub-consultant 36. Scheduled completion date for each subcontractor/sub- consultant NOTES 1. All 1528 forms must be submitted with every pay application 2. You should submit the partial release of liens with the draw application 3. You should have a copy of the certification for every certified minority or small business subcontractor/sub- contractor 4. This form must be notarized ATTACHMENT C THE SCHOOL DISTRICT OF PALM BEACH COUNTY Good Faith Efforts Noncompliance Supplement NOTE: Completion of this form is not required if established goals are met or exceeded. 0 Minority/Women Business Enterprise (M/WBE) 0 Small Business Enterprise (SBE) CONTRACTOR FIRM PROJECT NAME PROJECT NUMBER DATE ------ This document is to be completed if bidder fails to achieve the Minority/Women Business Enterprise (MWBE/SBE) goals established for the project. The bidder is allowed to use an alternate method that demonstrates the "good faith efforts" made to meet the goals established as long as all of the requested information is included. Failure to include all requested information shall result in the bid being determined as non-responsive to the MWBE/SBE requirements. The following list is not intended to be exclusive or exhaustive, and the School District will look not only at the different kinds of efforts the bidder has made, but also the quality, quantity, intensity and timeliness of those efforts. It is the responsibility of the bidder to exercise "Good Faith Efforts." Any act or omission by the District shall not relieve the bidder of this responsibility. Criteria listed below are excerpted from the School District of Palm Beach County Policy 6.143. A response is required to address each cited paragraph. Additional pages may be added as necessary. 1. Attendance at pre-bid conference, if held: D Yes D No D Not Held 2. Whether and when the bidder provided written notice to all certified MWBE/SBE listed in the School District of Palm Beach County Directory that perform the type of work to be subcontracted and advising the MWBE/SBE of the specific work the bidder intends to subcontract; that their interest in the contract is being solicited; and how to obtain information for the review and inspection of contract plans and specifications. Provide complete list of all MWBE/SBE solicited. Provide the date letters were transmitted (MWBE/SBE will be canvassed as to who sent them letters and what date they were received.) Provide a copy of solicitation and all other letters sent to MWBE/SBE. Recommended information in your solicitation letter can include, but not be limited to, the following: • Project specific information. • Best time to reach you by phone (MWBE/SBE firms will be • Your willingness to assist with supply canvassed regarding your responsiveness to their calls purchases. and project information they received from your firm.) • Bonding requirements of your firm. • Bid opening date and all addendum information. • Availability of specifications and plans • Your requirements/time frames/payment schedules. through your office. 3. Has the bidder selected feasible portions of work to be performed by MWBE/SBE, including, where appropriate, breaking contracts or combining elements of work into feasible units? The ability of the bidder to perform work with its own work force will not in itself excuse a bidder from making positive efforts to meet the established goals. If appropriate, detail any subcontracting category that you have broken down to assist MWBE/SBE firms and list firms that have been made aware of this reduced scope. SUBCONTRACTING CATEGORY MWBE/SBE FIRM PBSD 1629 (REV. 08/31/2010) Page 1 of4 CONTRACTOR FIRM 4. Has the bidder considered all quotations received from MWBE/SBE's and for those quotations not accepted the bidder shall provide an explanation of why the MWBE/SBE will not be used during the course of the contract? Receipt of lower quotation from non-MWBE/SBE will not in itself excuse a bidders failure to meet project goals. List all MIWBE/SBE firms who quoted this project; the amount quoted and the successful Subcontractor (if not the MWBE/SBE firm) and their quote. NAME OF MWBE/SBE MWBE/SBE'S QUOTE VERSUS NAME OF NON-MWBE/SBE SUBCONTRACTOR CHOSEN SUBCONTRATOR'S QUOTE 5. Has the bidder provided interested MWBE/SBE assistance in reviewing the contract plans and specifications? Name the MWBE/SBE firms provided assistance, and describe how your firm provided such assistance. 6. Whether the bidder advertised in general circulation, trade association, and/or minority/women -focused media concerning the subcontracting opportunities. The minority focused papers include: BLACK HISPANIC MAJORITY OTHER None None Palm Beach Post List which papers carried your ad and attach a copy of the ad PBSD 1629 (REV. 08/31/2010) Page 2 of4 CONTRACTOR FIRM 7. Has the bidder followed up initial solicitations of interest by contacting MWBE/SBE's to determine withl certainty whether the MWBE/SBE was interested? Name the MWBE/SBE you followed up with and describe your follow up efforts. 8. Has the bidder negotiated in good faith with interested MWBE/SBE, not rejecting MWBE/SBE as unqualified without sound reasons and based on a thorough investigation of their capabilities? a) Provide a detailed statement of the reasons why subcontracts were not entered into with a sufficient number of MWBE/SBE to meet the established goals. b) Provide a list of MWBE/SBE Subcontractors you deemed unqualified and provide an explanation of the conclusion you reached. c) For those MWBE/SBE Subcontractors contacted, but determined to be unavailable, provide either: OR I) a signed letter to the bidder from the MWBE/SBE stating they are unavailable; II) a statement from the bidder that the MWBE/SBE Subcontractor refused to submit a letter after a reasonable request; and a detailed statement from the Bidder of the reasons for the bidder's conclusion. PBSD 1629 (REV. 08/31/2010) Page 3 of4 CONTRACTOR FIRM 9. Has the bidder effectively used the services of available minority/women community organizations; minority/women contractors' groups; local state and federal minority/women business assistance offices; and other organizations that provide assistance in the recruitment and placement of minority/women business enterprises? The following is a partial list of MWBE/SBE organizations that may be helpful in locating eligible MWBE/SBE. ORGANIZATION PHONE Florida Dept. Of Management Services ......... ......... .. ..... ... .. .. ...... .. .. . . .... ... . .. . ... ..... ... 850-487-0915 PBC School District Office of Diversity in Business Practices ................................ 561-434-8508 List minority/women organizations contacted. ORGANIZATION PERSON CONTACTED PHONE NUMBER DATE CONTACTED 10. Has the bidder utilized MWBE/SBE Subcontractors on other School District contracts within the past six (6) months? List any School District of Palm Beach County projects your firm has performed in the last six (6) months, the MWBE/SBE Subcontractors utilized and the dollar value of the MWBE/SBE Subcontractor. PROJECT NAME M/WBE FIRMS USED DOLLAR VALUE 11. Describe any additional efforts or circumstances which may assist the School District in determining "Good Faith Efforts." SIGNATURE OF COMPANY OFFICIAL DATE COMPANY ADDRESS PRINT NAME CITY/STATE/ZIP POSITION TELEPHONE FAX PBSD 1629 (REV. 08/31/2010) Page 4 of4 ATIACHMENTD THE SCHOOL DISTRICT OF PALM BEACH COUNTY CONSTRUCTION -PURCHASING DEPARTMENT 3300 Forest Hill Boulevard, A-106, West Palm Beach, FL 33406-5813 • (561) 434-8508 Subcontractor Participation Good Faith Effort 0 Minority/Women Business Enterprise {M/WBE) 0 Small Business Enterprise (SBE) Project Name Project Number The following Certified M/WBE or SBE Subcontractors were invited to submit a proposal and declined to participate in the above project for the following work. Item Division Date Number Number M/WBE or SBE Contractor {Trade) Items Contacted * REASON NUMBERS 1. Firm did not agree to participate 2. Unable to reach accommodation with price 3. Firm did not submit proposal 4. Firm indicated that its current work program precluded them form participating CERTIFICATION I certify the preceding statements are true. Name and Position (print or type) Name of Contracting Firm Signature Date PBSD 1527 (REV. 8/31/2010) Who Contacted Reason Number 5. Price submitted by firm in excess of estimated market value 6. Unable to contact firm 7. Other (explain) INTERNAL USE ONLY ROUTING DISPOSITION All executed originals of this form must be submitted to the Office of Diversity in Business Practices, 3300 Forest Hill Blvd., A-106, West Palm Beach, FL 33406-5813 Phone (561) 434-8508 for questions ATTACHMENT E Trench Safety Act Compliance Statement Project Name------------Project Number ___ _ Project Location Instructions Chapter 90-96 of the Laws of Florida requires all contractors engaged by The School District of Palm Beach County to comply with Occupational Safety and Health Administration Standard 29 C.F.R.s. 1926.650 Subpart P. All prospective contractors are required to sign the compliance statement and provide compliance cost information where indicated below. This cost for complying with the Trench Safety Act must be incorporated into this project's base bid. This form must be certified in the presence of a notary public or other officer authorized to administer oaths. Certification 1. I understand that Chapter 90-96 of the Laws of Florida (The Trench Safety Act) requires me to comply with OSHA Standard 29 C.F.R.s. 1926.650 Subpart P. I will comply with the Trench Safety Act, and I will design and provide trench safety systems at all trench excavations in excess of five (5) feet in depth for this project. 2. The estimated cost imposed by compliance with the Trench Safety Act will be: (Written) Dollars $ -----,-- (Figures) 3. The amount listed above has been included within the Base Bid of this Proposal Form. Certified: By: (Company/Contractor) (President's Signature) (President's Typed or Printed Name) Notarization Sworn to and subscribed before me in---------, Florida on the __ day of-------, 20_. Notary Public:----------------(affix Seal) My Commission Expires:-------------- SITE VISIT EVALUATION SCORE SHEET Exterior I Paint I I Window Caulkinq Door Lite Glazin!l Interior Ceiling Tile Lighting Walls Paint Doors Floors ADA Accessible Plumbing Fixtures Roof 12-ply to meet PBC specifications Aesthetics I Overall appearance TOTAL CHECKS X POINTS PER CHECK-I FIRM NAME: PROJECT LOCATION: COMMITTEE MEMBER: SIGNATURE: DATE: POINTS MATRIX Exceptional Exceeds Standards Meets Standards Fails to meet Standards Unacceptable Sliding Scale-Evaluation 0 POINTS 1 POINT 2 POINTS Unacceptable Fails to meet Meets Standards standards TOTAL POINTS POSSIBLE 52 100% of points possible 52 Points 85% of points possible 44 Points 75% of points possible 39 Points 25% of points possible 13 Points 0% of points possible 0 Points 3 POINTS Exeeds Standards I I I 4 POINTS Exceptional POINTS GRAND TOTAl 0 l> ~ 0 :t s: m z -i ., SCHOOL BOARD OF PALM BEACH COUNTY SHORT FORM AGREEMENT ATTACHMENT G This Short Form Agreement further delineates the services referenced in the current Master Agreement between the Contractor and the School Board of Palm Beach County, Florida and hereby incorporates all terms and conditions of the Master Agreement. THE SHORT FORM AGREEMENT WILL NOT BE APPORVED UNLESS ALL INFORMATION IS PROVIDED Project Name/Location School Board Project #: Description of Project and Scope of Work: (Use back if more space is necessary) Basic Services-Lump Sum Fee Amount: $ or Hourly Not-To-Exceed Amount (If Applicable):$ MAXIMUM CONSTRUCTION COST: $ M/WBE SUBCONSUL TANT UTILIZATION-if not required per Scope of Work, indicate n/a and state reason. (The District is committed to achieving M/WBE participation on each project, if M/WBE Participation is not applicable for this project, provide a total Summary of M/WBE Participation to date). FIRM(S) CONTRACT SERVICE EST. FEE %OF TOTAL Project Schedule (Specify milestone tasks and completion dates) TASK(S) TASK COMPLETION DATE(S) The following attachment is hereby made part of this SHORT FORM AGREEMENT: ATTACHMENT G Reviewed and Approved by: Project Field Representative/Projects Coordinator Date Senior Projects Administrator Date Department Director/Representative Date Director of Purchasing Department Date Contractor/Title: Address: City, State, Zip: Phone#: Fax#: Email Address: Authorizing Signature: Title Date COMPANY SEAL ATTACHMENT H PURCHASE AND PLACEMENT OF MODULAR UNITS AVAILABILITY OF EQUIPMENT/COMPONENTS Under each category below complete the table indicating the equipment/components that are available to proposer. Attach additional sheets as necessary. CRANES: • Minimum 200 ton LEASED QUANTITY TYPE/SIZE/DESCRIPTION OWNED or RENTED TRAILERS • Low boy trailers 40'L x 12'W LEASED QUANTITY TYPE/SIZE/DESCRIPTION OWNED or RENTED TRUCKS • There are two units which make up each modular building (i.e. each modular moved will require two trucks). • Multiple units to be moved per day should the need arise. (requires adequate cranes, trucks, trailers, rigging materials and hardware) • DOT permits required. LEASED QUANTITY TYPE/SIZE/DESCRIPTION OWNED or RENTED TRUCK/TRAILER ESCORT • Trailers/Trucks require escorts during transportation. Indicate your means/methods of utilizing escorts. LEASED QUANTITY TYPE/SIZE/DESCRIPTION OWNED or RENTED OTHER EQUIPMENT • Rigging-40ft main spreader beam with two intermediate beams sized to the building being relocated. Sizes will vary. All rigging is fabricated for specific use and will required engineer's certification. Vendor must have enough sets of required rigging to accommodate the amount of relocates that are required at any given time. • Each unit is lifted utilizing lifter ring threads cast into the modular walls; 4 lifters per pick/unit, to be provided by selected vendor. LEASED QUANTITY TYPE/SIZE/DESCRIPTION OWNED or RENTED MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE) SUBCONTRACTOR SUMMARY ATTACHMENT I RELOCATABLE MODULAR CLASSROOMS AND NON-INSTRUCTIONAL BUILDINGS PURCHASE AND BASIC INSTALLATION List below the certified M/WBE firms and the Contract (Trade) items that will be utilized during the term of this contract to meet or exceed the project M/WBE subcontractor participation requirement of 12%. Attach copies of the subcontractors' current M/WBE certifications. Only a subcontractor certified by the School District of Palm Beach County (as defined in Section, 00830, Article 14, Paragraph 14.1.4 of the RFP) or by the State of Florida Office of Supplier Diversity shall be awarded points for this Category. Graduation (as described in Board Policy 6.143) and/or denial from District M/WBE Certification shall void certification and award of preference points for certification to the Proposer. SUBCONTRACTOR CONTRACT (TRADES) ITEMS Contracting Firm Name. ___________________________ _ Name and Position (Type or Print). _______________________ _ Signature _________________________ Date. _____ _ CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the worldwide spread of mv infections and AIDS necessitates a worldwide effort of increased education and preventative action to stop AIDS; and WHEREAS the World Health Organization has established December I st of each year as World AIDS Day, a day to expand and strengthen the worldwide effort to stop the spread ofHIV/AIDS; and WHEREAS, mv /AIDS does not discriminate between men, women, or children in the Palm Beach County area or throughout the world; and WHEREAS, the theme for IDV I AIDS Awareness Week 2012 in Palm Beach County "Stop AIDS; Keep the Promise through Leadership;'' NOW, THEREFORE, I, David Levy, Mayor of the City of Palm Beach Gardens, Florida, do hereby declare December 2 through December R, 2012, as: World AIDS Awareness Week And December 1, 2012 as: World AIDS Day I urge all citizens, government agencies, public and private institutions, schools, and businesses to take part in appropriate activities and observances designed to increase awareness and understanding ofHIV I AIDS, to take part in HIV /AIDS education and prevention activities and programs, and to work to stop the spread of HIV in our ,..,..,...,u ..... .,,.,..,· and worldwide. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this JST day of November in the year Two Tlwusand and twelve. David Levy, Mayor Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the purpose of this week is to increase public awareness of the safe and proper use of elevators, escalators and moving walkways; and WHEREAS, the goal of this week is to reduce, through education and awareness, avoidable accidents; and WHEREAS, the elevator industry greatly contributes to the quality of life; and WHEREAS, this endeavor is worthy of support and cooperation to benefit the citizens, the general public and the short range vertical transportation; and NOW, THEREFORE, I, Mayor David Levy, do hereby proclaim November 11-17,2012 "ELEVATOR ESCALATOR SAFETY AWARENESS WEEK" in the City of Palm Beach Gardens and I hereby urge all citizens in the City of Palm Beach Gardens to participate fully in this observance to improve our quality of life. ATTEST: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be afTtxed this 1st Day of November, in the year Two Thousand and Twelve. David Levy, Mayor CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Geography Awareness Week is November 11-17; and WHEREAS, National Geographic Information System (GIS) Day is November 14, 2012; and WHEREAS, Geography Awareness Week promotes geographic literacy in schools; and WHEREAS, GIS is an important part of geography awareness; and WHEREAS, the City of Palm Beach Gardens is committed to expanding GIS to the schools and general public in order to showcase real-world applications with GIS. NOW, THEREFORE, I, David J. Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim November 17, 2012, as NATIONAL GIS DAY And urge all citizens to participate in GIS Day activities. Attest: -~ .. ~ Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 18th day of November in the year Two Thousand and Twelve. ~~!&~ David J. Levy, Mayor CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Subject/Agenda Item: McDonald's Planned Unit Development Meeting Date: November 1, 2012 Ordinance 28, 2012 Resolution 98, 2012 Consideration for Approval: A request from McDonald's Corporation to rezone the existing McDonald's property located at the northwest corner of Northlake Boulevard and Sunrise Drive to a Planned Unit Development (PUD). Modifications to the existing conditional use approval, site plan, landscape plan, and elevations are also proposed. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: o of Planning & . Crowley, AICP Development Compliance 6hl. Bahareh Wolfs, AICP Originating Dept.: Planning & Zoning: Project Manager Kath¥:'Bitt, AICP Sr. Planner [X] Quasi-Judicial [ ] Legislative [X] Public Hearing Advertised: [X] Required [ ] Not Required Paper: Palm Beach Post f--A-=--pp_r_o_v-ed-=-=B-y-: ------1 Date: 1 0/17/12 Affected parties: [X] Notified [ ] Not Required Finance: Accountant Sarah Varga Fees Paid: N/A Funding Source: [ ] Operating [X] Other N/A Budget Acct.#: N/A Contract/Agreement: Effective Date: N/A Expiration Date: N/A Council Action: ] Approval ] Approved w/ Conditions ] Denial ] Continued to: __ Attachments: • Development Application • Project Narrative • Location Map • Ordinance 28, 2012 • Resolution 98, 2012 EXECUTIVE SUMMARY Meeting Date: November 1, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 2 of 11 McDonald's Corporation is requesting to rezone the existing McDonald's property at the northwest corner of Northlake Boulevard and Sunrise Drive to a Planned Unit Development (PUD) and modify the site plan, landscape plan, and elevations. The Applicant is requesting three (3) waivers and a modification to the existing Major Conditional Use approval as part of the subject petition. Staff is recommending approval of the petition. BACKGROUND On October 4, 1980, the subject property received site plan approval from the Site Plan and Appearance Review Committee. On August 28, 1991, the Site Plan and Appearance Review Committee approved the "McDonald's Playland" to be added to the site and changed the building trim color to teal. On October 13, 1999, the Site Plan and Appearance Review Committee approved a change to the color of the roof from teal to a light brown color. On July 17, 2003, an Administrative petition (ADMN-03-46) was approved allowing new building and roof colors. LAND USE & ZONING The subject site is zoned General Commercial (CG-1) and has a Future Land-Use designation of Commercial (C). The site is also located within the Northlake Boulevard Corridor Overlay Zone (NBOZ). The proposed zoning is a Planned Unit Development (PUD) Overlay with an underlying zoning designation of General Commercial (CG-1 ). South Northlake Commons West Regions Bank East Hyundai Car Dealership Palm Beach Cou CONCURRENCY General Commercial (CG-1) Planned Unit D) I General General Commercial (CG-1) Planned Unit Development (PUD) I General Commercial (CG-1) General Commercial (CG) Commercial (C) Commercial (C) Commercial (C) Commercial (C) Commercial High (CH/8} The subject petition does not propose any modifications to the existing concurrency approvals. PROJECT DETAILS Site Details Meeting Date: November 1, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 3 of 11 The McDonald's Restaurant is located at the northwest corner of Northlake Boulevard and Sunrise Drive and is approximately 1.01 acres in size (see Location Map). The site has vehicular access from Northlake Boulevard and Sunrise Drive. No changes to the existing access on site are proposed. Subject Request The Applicant is requesting approval to rezone the property to a PUD Overlay, modify the existing Major Conditional Use, and make exterior building and site modifications. The site and modifications include the addition of a second drive-through lane, changes to the parking spaces located on the east portion of the site, new landscaping throughout the site, and the addition of an outdoor seating area. The exterior fac;ade improvements include new building colors, architectural features, and signage. The dual drive-through will allow two (2) cars to place orders at the same time before merging into a single lane for food pickup. The split queue drive-through expedites ordering time and stacking on site by moving cars faster through the ordering process. There is specific technology that is utilized by the restaurant to facilitate the use of two (2) order stations. The technology utilizes a camera system that tracks the progress of each vehicle from the order point to the cash window and finally to the pick-up window. The computer system tags each vehicle with an order number that is then utilized by the employee to confirm the order with each vehicle. Northlake Boulevard Overlay Zone The subject project is located within the Northlake Boulevard Overlay Zone (NBOZ). The NBOZ was established in 2002 to implement the objectives of the Northlake Boulevard Corridor Conceptual Streetscape Plan. The NBOZ is an overlay based on a joint agreement between the City of Palm Beach Gardens, the Village of North Palm Beach, the Town of Lake Park, and Palm Beach County. This agreement was established to improve the corridor by unifying design and development themes, improving signage, and encouraging redevelopment to improve the area's economic conditions. The proposed improvements have been designed to meet the elements set forth in the Overlay. Parking A total of 52 parking spaces are required for the subject site; however, 41 spaces are proposed. The Applicant is requesting a waiver for this deviation (see Waiver section). The reduction in parking spaces is due to the proposed second drive-through lane, which is part of the restaurant upgrades. Modifications to the existing parking spaces at the north and east sides of the site are needed to accommodate the additional drive-through lane. Currently, there are 14 angled parking spaces along the north property line, which are proposed to be replaced with six (6) parallel spaces. There are also 14 angled spaces along the west property line, one (1) of which is proposed to be eliminated to accommodate the new dumpster area. The 13 angled spaces on the eastern portion of the site are proposed to be modified to accommodate the drive-through lane; seven (7) parking spaces are proposed in this area. The remaining parking spaces at the southern portion of the site will remain unchanged. ------------ Traffic Circulation Meeting Date: November 1, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 4 of 11 The site has two (2) points of ingress and egress: one (1) on Northlake Boulevard and a second Sunrise Drive. Currently, during peak times, it is common for cars to stack on Sunrise Drive waiting to enter the drive-through. The proposed site improvements will help to alleviate such stacking. A raised curb is proposed along the outside drive-through lane to prevent cars entering the drive-through from Sunrise Drive. The raised curb will force cars entering from Sunrise Drive to continue circulating through the site into the designated drive- through lane. Overall, the proposed modifications will improve the traffic circulation on site and will minimize the impact of the restaurant to the surrounding roadways. Sign age The Applicant is proposing a signage program, which includes new drive-through signage, directional signs, and building wall signs. A waiver is being requested for a second menu board sign as part of the dual drive-through operation. The existing menu board is also proposed to be replaced with a new menu board that meets the City's Code requirements eliminating the existing nonconforming sign. One (1) entry/exit sign is proposed at each entrance. The Applicant is proposing three (3) wall signs: two (2) on the south elevation facing Northlake Boulevard and one (1) on the east elevation facing Sunrise Drive. Because City Code allows a maximum of one (1) wall sign, the Applicant is requesting a waiver to allow the two (2) additional signs (see Waiver section). Landscaping The existing landscaping on site will be significantly enhanced with the addition of plant material throughout the site and the right-of-way adjacent to Northlake Boulevard. Two (2) new landscape areas will be created on the east side of the site that will include Geiger Trees, a Montgomery Palm, and a variety of groundcover, including Flax Lily and Super Blue Liriope. A series of Sabal Palms, Ligustrums, and shrubs are also proposed on the east side of the restaurant surrounding the new outdoor seating area. Within the Northlake Boulevard right-of-way, the sidewalk will be lined on both sides with landscaping beds, containing Ligustrums, Dahoon Holly Trees, and colorful Cratons. The Applicant has provided a surplus of landscape points on the site: 1,602 points are required and 1,760 points have been provided. This surplus does not include the additional plant material being provided within the right-of-way. Architecture The restaurant renovation involves extensive interior and exterior modifications. The exterior changes include the removal of the traditional McDonald's mansard roof, the removal of the trash corral behind the store, the addition of new stone finish "entry arcades" to the front and dining sides of the building, the addition of a stone-finish decorative "hearth element" at the drive-through pickup window, the addition of a stone-finish decorative wall at the rear of the store, the addition of contemporary metal canopies to the front and sides of the building, and the replacement of the storefront doors and storefront windows at the front and side arcades with impact glazing. The proposed building colors are earth tones with stone veneer finishes, metal canopies, and yellow accent arches (see Colored Elevations). The exterior improvements are contemporary in style. Meeting Date: November 1, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 5 of 11 An outdoor seating area is also proposed to replace the existing "Piayland" located on the east side of the restaurant. The outdoor seating area is approximately 300 square feet in size and will include a paver brick patio. An Outdoor Seating Diagram has been included as part of the development plans (see attached Development Plans). The outdoor seating area has been included in the required parking calculation. Phasing The proposed improvements will be completed in one {1} phase. Waiver Requests The Applicant has requested three (3} waivers. Table 2. Waiver Requests ·· .... • '_,~ Code Section Requiremept> Proposal Waiver Staff Support 1 78-285, Table 24, 1 per restaurant 2 1 sign Approval Menu Board Sign 78-285, Table 24, Approval of 1 additional sign 2 Wall Signs for 1 sign 3 signs 2 signs on east elevation at 36"; Denial of sign on south Principal Structures elevation 3 78-345, Table 33 52 parking 41 parking 11 spaces Approval spaces spaces 1) The Applicant has requested a waiver from Section 78-285, Table 24, Menu Board Sign, to allow a second menu board sign on the site. City Code allows one (1) menu board sign per restaurant. Due to the dual drive-through design of the McDonald's restaurant, a second menu board is needed. The dual drive-through operation will help the traffic circulation on the site to operate more efficiently and reduce stacking onto the adjacent rights-of-way. The proposed additional sign meets the dimensional requirements of the Code. Additionally, the Applicant is proposing to replace the existing menu sign, which does not meet the dimensional requirements of the City's Code, with a new sign that does meet the City's Code. Overall, the second menu sign will help facilitate better internal circulation and reduce the nonconformities on site with the replacement of the existing menu sign. Staff supports the requested waiver. 2) The Applicant is requesting a waiver from City Code Section 78-285 Table 24, Wall Signs for Principal Structures, to allow two (2) additional building signs. The Applicant has proposed two (2) signs on the south elevation facing Northlake Boulevard and one (1) sign on the east elevation facing Sunrise Drive. City Code allows one (1) principal tenant sign for this particular site, and the current restaurant includes its one (1) permitted sign on the south elevation. The parcel has roadway frontage on two (2) public rights-of-way: Northlake Boulevard and Sunrise Drive. The Applicant has chosen to locate its one (1) permitted wall sign on the south elevation. However, a wall sign on Sunrise Drive would enhance vehicular way-finding, since Sunrise Drive is frequently used as an entrance into the site. For this reason, staff supports a wall sign on the east building elevation facing Meeting Date: November 1, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 6 of 11 Sunrise Drive, provided the height of the proposed sign is limited to no more than 36 inches to ensure consistency in size with the proposed "M" logo sign on the south elevation. The maximum 36-inch height is also consistent with the wall sign criteria for Principal Tenants. Staff is not supportive of a second sign on the south elevation. The Applicant is proposing two (2) signs to be located on the south elevation facing Northlake Boulevard. The site currently operates with a single building sign located on the south elevation and no building signage on any other elevation. A single sign on the south elevation serves sufficiently to identify the restaurant to vehicular traffic. A second sign on this elevation would not increase the visibility of the restaurant. In addition to the proposed wall signs, the site contains a prominent monument sign located on Northlake Boulevard, which also serves to direct patrons into the site. A second wall sign on the south elevation is excessive and not necessary. One (1) wall sign facing the two (2) adjacent public rights- of-way and the monument sign provide sufficient way-finding to the site and adequate identification of the building. Staff is not supportive of a second sign on the south elevation. 3) The Applicant is requesting a waiver from City Code Section 78-345, Table 33, Required Off-Street Parking Spaces, to allow 11 less parking spaces than required. Fast food restaurants generally serve the majority of their customers via drive-through. To show the actual parking demand of the restaurant, the Applicant submitted a parking study, which demonstrates the 41 parking spaces proposed to be sufficient for the subject site (see attached Parking Study). The site was observed nine (9) times for one-(1) and two-(2) hour intervals. During each interval, the number of cars parked on the site was counted every 15 minutes. The observation time included breakfast, lunch, and dinner peak times. Both weekday and weekend peak times were included. The largest observed peak parking demand for the site was 36 spaces. The peak demand was then increased by a seasonal factor and a turnover buffer to ensure there are extra spaces on site. The adjustments resulted in a total parking requirement of 41 parking spaces, which have been provided by the Applicant. The study was based on the existing site conditions, which contains a single drive-through lane. The dual drive-through lanes proposed by the Applicant will allow more cars to be accommodated, resulting in less demand for parking spaces on the site than exists today. Staff supports the waiver request. MAJOR CONDITIONAL USE ANALYSIS Section 78-159, Permitted, Conditional and Prohibited Use Chart, allows a Fast Food Restaurant with Drive-through within a CG-1 zoning district as a Major Conditional Use. A Conditional Use Analysis has been provided, because the site is being modified in a manner which expands the existing use warranting an updated conditional use analysis, in accordance with Section 78-52(d), Conditional Uses, of the Land Development Regulations. Meeting Date: November 1, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 7 of 11 The following is staff's analysis based on the criteria set forth in Section 78-52(d), Conditional Uses: (1) Comprehensive Plan. The proposed use is consistent with the comprehensive plan. The comprehensive plan designation for this site is Commercial. The proposed zoning designation is PUD/CG1, which is consistent with the Comprehensive Plan designation. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The proposed use is consistent with all applicable requirements of Chapter 78 of the City's Code. To the extent possible, the use will meet the applicable requirements of the City's Code. (3) Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. Section 78-159, Table 21 Permitted, Conditional and Prohibited Use Chart: Fast Food Restaurant with Drive-thru (note 20). (Note 20) Restaurant, fast food. Fast food restaurant is a high turnover establishment primarily selling food and beverages that are generally precooked, prepackage, served in disposable wrapping, and orders are taken from a counter or a drive-through window. Outdoor seating may be provided consistent with Section 78-191. The proposed use is in compliance with the requirements set forth in Section 78-159 (note 20). (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: (a) Providing for a safe and effective means of pedestrian access; The proposed site plan provides for improved pedestrian access from the building to Northlake Boulevard. In addition, enhanced landscaping is proposed along the sidewalk adjacent to Northlake Boulevard providing a more welcoming environment for pedestrians. (b) Providing for a safe and effective means of vehicular ingress and egress; Among the proposed improvements are vehicular directional signage, striping, and new curbing, which will result in a safer and more effective means of vehicular ingress and egress. Meeting Date: November 1, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 8 of 11 (c) Providing for an adequate roadway system adjacent to and in front of the site; The existing roadways adjacent to and in front of the site are adequate to service the development. (d) Providing for a safe and efficient on-site traffic circulation, parking, and overall control; and The site modifications proposed provide for more efficient internal circulation and will help to prevent stacking onto the adjacent rights-of-way. (e) Providing adequate access for public safety purposes, including fire and police protection. The site can be easily accessed by emergency vehicles from either right-of-way and has been reviewed by the City's Fire and Police Departments. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: (a) Noise, (b) Glare, (c) Odor, (d) Ground, wall, or roof-mounted mechanical equipment, (e) Perimeter, interior, and security lighting, (f) Signs, (g) Waste disposal and recycling, (h) Outdoor storage of merchandise and vehicles, (i) Visual impact, (j) Hours of operation. The improvements include additional landscaping throughout the site that will aid in mitigating noise, glare, and the visual impact of the use. The dumpster is proposed to be relocated and will be screened with both a concrete enclosure and landscaping. Overall, the proposed upgrades will help make the site more visually appealing and help mitigate any negative impacts of the existing use. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The existing underground and overhead utilities will remain unchanged. Meeting Date: November 1, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 9 of 11 (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. All attainable dimensional requirements have been met. The requested waivers will address any requirements that have not been met or accounted for. (8) Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. There is no neighborhood plan for this area. (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character or area development. The McDonald's Restaurant is an existing use and the improvements being proposed are necessary in order to increase the functionality and efficiency of both the business and the site. The restaurant is located within a highly commercialized area and is compatible with the surrounding uses. The proposed improvements will not cause any incompatibility issues. (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The proposed use is located between two (2) other uses that are commercial in nature, directly accessible to a Major arterial, and is located in an area where water supply and wastewater collection are provided, consistent with the policies for Commercial land uses. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. The existing use will be enhanced and redeveloped in a manner that is compatible with the general purposes of the City's policies for Commercial land uses. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The proposed modifications will improve the visual aesthetics of the existing restaurant and will minimize any negative impacts that may exist today. Overall, the project will contain aesthetically pleasing architecture that will complement and further the vision of Northlake Boulevard. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impact on environmental and natural resources, including air, water, storm water management, wildlife, vegetation, and wetlands. Meeting Date: November 1, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 10 of 11 The improvements to the existing conditional use will not result in any adverse impacts on environmental and natural resources. CONSISTENCY WITH COMPREHENSIVE PLAN The proposed development is consistent with the overall intent of the goals, objectives, and policies of the City's Comprehensive Plan. An example of some of the goals, objectives, and policies, which are consistent with and furthered by the proposed PUD, are listed below. Future Land Use Element Goal 1.1: Continue to ensure a high quality living environment through a mixture of land uses that will maximize Palm Beach Gardens' Natural and Manmade Resources while minimizing any threat to the health, safety, and welfare of the City's citizens that is caused by incompatible land uses and environmental degradation, by maintaining compatible land uses, which consider the intensities and densities of land-use activities, their relationship to surrounding properties, and the proper transition of land uses. Objective 1.1.3: Maintain land development regulations to manage future growth and development in a manner that provides needed facilities and services, protects environmental resources, and encourages infill and redevelopment of the eastern portion of the City. Policy 1.1.3.4: The City shall maintain land development regulations which provide for a Planned Unit Development (PUD) technique which shall implement the following concepts: a. The intent of the Planned Unit Development (PUD) is to ensure the desired character of the community is furthered or enhanced on development sites within the City, particularly on sites where the development proposed is rather intense. Master plans for Planned Unit Developments include, at a minimum, site plans showing all local roads and landscaping plans. Supporting documentation is also to be included which indicates, at a minimum, development phasing and a list of permitted uses for commercial and industrial PUDs. The site is consistent with the architectural elements of the NBOZ and the desired character of the Palm Beach Gardens community. Additionally, the subject site is located within an established commercial corridor, which satisfies the City's objective to encourage infill and redevelopment of properties within the eastern portion of the City and discourage urban sprawl. Objective 1.1.4: Maintain land development regulations containing standards and provisions which encourage the elimination or reduction of uses inconsistent with the City's character and future land uses. Meeting Date: November 1, 2012 Ordinance 28, 2012 and Resolution 98, 2012 Page 11 of 11 Policy 1.1.4.1: Expansion or replacement of land uses which are inconsistent with the Future Land-Use Plan shall be prohibited. The restaurant use is consistent with the zoning (CG-1) and future land-use (C) designations of the subject site. Goal 1.2: Encourage development or redevelopment activities, while promoting strong sense of community, and consistent quality of design; and do not threaten existing neighborhood integrity and historic and environmental resources. Objective 1.2.4: Direct future growth, development, and redevelopment to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. The Future Land Use Map has designated the subject site as Commercial (C). The site has been designed with sound planning principles, which minimize any impacts on the surrounding area. By renovating an existing building and site, the Applicant is incorporating the desired redevelopment concepts. The site design also incorporates additional open space and improvements to the Northlake Boulevard right-of-way. DEVELOPMENT REVIEW COMMITTEE (DRC) A DRC meeting was held on May 30, 2012. Since this meeting, all outstanding comments have been satisfied. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On October 16, 2012, the PZAB recommended approval of the subject petition, with all of the waivers as requested by the Applicant, to the City Council by a vote of 7-0. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 28, 2012 on first reading as presented. CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Request: Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 J Planned Community Development (PCD) J Planned Unit Development (PUD) J Annexation r7Rezoning r7 Site Plan Review I Amendment to PCD, PUD or Site Plan I Conditional Use I Amendment to the Comprehensive Plan I Administrative Approval J Concurrency Certificate !Time Extension I Miscellaneous I Administrative Appeal r7 Other jwaiver(s) Date Submitted: I April6,2012 Project Name: Northlake Boulevard McDonald's Owner: McDonald's Corporation Applicant (if not Owner): --------------------------------------------10150 Highland Manor Dr. Ste. 470 Applicant's Address: Tampa. FL 33610 TelephoneNo.(813) 630-9634 Agent: Land Design South of Florida, Inc. Contact Person: -=B=ria=n..:..T:....:e::..:.rry.L--------------E-Mail: bterry@landdesignsouth.com Agent's Mailing Address: 400 Columbia Drive, Suite 110 West Palm Beach, FL 33409 Agent's TelephoneNumber: ..:.(5_6_1.:....) 5_3_7_-4_5o_s ________________________________ _ FOR OFFICE USE ONLY Petition Number: ______ __ Fees Received Date & Time Received: -------• Application $ Engineering$ _________ _ Receipt Number: __________ __ 1 A h·t ct Hartley+ Purdy Architecture, Inc. rc 1 e : ---------------------------------------------------------- E • Kimley-Hom and Associates. Inc. ng•neer. _____________________________________________________ __ PI Land Design South of Florida, Inc. anner: ----------------------------------------------------------- l d A h. t Land Design South of Florida, Inc. an scape rc 1tec :. __________________________________________ _ Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. G ll t . Northwest comer of Northlake Boulevard and Sunrise Drive enera oca ton: --------------------------------------------------- Add 3805 Northlake Boulevard ress: ------------------------------------------------------ S I 18 T h. 42 R 43 ect on:------------, owns 1p: ------------ange: ------------- 52-4~2-1~0~00~7222 Property Control Number(s): ----------------------- 1.010 acres • CG1 PUO Acreage: Current Zomng: RequestedZoning: ------------------------ Flood Zone _8 _____ Base Flood Elevation {BFE) -to be indicated on site plan ___ _ C C h . PI l d U 0 . . C :. Commercial urrent ompre enssve an an se es1gnat1on: • Commercial Ex1sting Land Use: ------------------------------ Commercial Requested Land Use: ------------------------------------- P d U ( ) . h 1 . 1 e. •1 'd Fast-food ropose se s s.e. ote , s.ng e .am• y res1 ence,etc.: ------- Restaurant P d S F t b U 4,542 SF indoor seating area and 500 SF outdoor seating area ropose quare oo age y se: --------------------------------------- ProposedNumberandType of Dwelling Unlt(s) i.e. single family, multifamily, etc. (if applicable): Not Applicable 2 Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} J. Explain the nature of the request: Please see Justification Statement 2. What will be the impact of the proposed change on the surrounding area? Please see Justification Statement 3. Describe how the rezoning request complies with the City's Vision Plan ana the following elements of the City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. Please see Justification Statement 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? Please see Justification Statement 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? Please see Justification Statement 6. Has project received concurrency certification? Yes-the project has been constructed and in operation for years. Date Received: Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately 0 mile(s) from theintersectionof Northlake Boulevard & Sunrise Drive , on thel L I north,Q east,OsouthOwest side of Northlake Boulevard (street/road). ------------------------------------------------------------------ 4 Applicant's Certification 1/We affinn and certify that Uwe understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, 1/we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: r Owner r Optionee r Lessee f7 Agent r Contract Purchaser Brian Terry Print Name of Applicant 400 Columbia Drive, Suite 110 Street Address West Palm Beach, FL 33409 City, State, Zip Code (561) 537-4505 TelephoneNu mber (561) 478-5012 Fax Number BTERRY@LANDDESIGNSOUTH.COM E-Mail Address 6 ·• LAND DESIGN SOUTH Planning landscape Architecture Environmental Transpo.rtation Graphic Design PROJECT NARRATIVE McDonald's -Northlake Boulevard Rezoning, Major Conditional Use, Major Site Plan Review & Waivers October 1, 2012 Previously Submitted: 416112, 6/25112, 7/30/12, 916112, 9125112 REQUEST The Applicant is requesting approval of a Rezoning request to the PUD/CG-1 (Planned Unit Development (PUD) Overlay District/General Commercial) Zoning District, as well as, approval of an expansion to the existing Major Conditional Use approval, Major Site Plan Review and Waivers for the McDonald's Restaurant located at 3805 Northlake Boulevard, within the City of Palm Beach Gardens. SITE LOCATION AND ACCESS The McDonald's · Restaurant is located at the northwest corner of Northlake Boulevard and Sunrise Drive. Currently, access to the site is provided via Northlake Boulevard and Sunrise Drive. · SITE CHARACTERISTICS AND HISTORY The McDonald's Restaurant is approximately 1.01 acres in size and currently has Future Land Use designation of C (Commercial) and a Zoning designation of CG-1 (General Commercial). The site is located within the Northlake Boulevard Overlay Zone (NBOZ). The site plan for the subject site was originally approved in 1980. According to the Palm Beach County Property Appraiser, the site was built in 1981. The most recently approved Site Plan on file is stamped dated August 27, 1991. The 1991 petition included Site Plan Approval for the addition of a play land area. REZONING REQUEST, MAJOR CONDITIONAL USE & MAJOR SITE PLAN REVIEW The current Zoning designation for the subject site is CG-1 (General Commercial). As part of this Application, the Applicant is requesting approval to rezone the subject site to PUD/CG-1 {Planned Unit Development Overlay District/General Commercial). Rezoning to the PUD/CG-1 Overlay District will allow for more flexible design standards that promote a more efficient and functional design for the existing fast food restaurant use, as well as improve the aesthetics of the use. The Applicant is proposing structure and site improvements to the existing McDonald's Restaurant, in order to accommodate a redesign of the drive-thru facility of the restaurant (to accommodate for a split queue drive-thru and two (2) menu board signs), as well as the redesign of the restaurant's fa~ade and remodeling of the interior. The redesign of the fast food restaurant drive-thru facility is a result of the new market trends that demonstrate a demand for a second menu board service point for increased functionality of the site, due in part, to the ability to move traffic more efficiently through the drive-thru. The existing building square footage is approximately 4,526 square feet; as part of the modifications to the subject site, the proposed building square footage is approximately 4,542 square feet (an increase of approximately 16 square feet) and approximately 300 square feet of outdoor seating area (to replace , the existing outdoor play area). There is a seating capacity of 85 seats. It is important to note that the increase in gross square footage is a result of the new facade treatment and there is no increase in the gross usable building area. The interior /usable area of the building will not be affected by this renovation and subsequently provides no additional seating or service capacity to the building. M c D.o n aId's at North I a k e BouIe v a r d liPage Rezoning, Major Conditional Use, Major Site Plan Review, Waivers The improvements and subsequent modifications to the subject site are outlined as follows: 1. Split Queue Drive-Thru and Second Menu Board: The site is an existing use, in operation as a fast food restaurant that includes a drive-thru facility. As part of this request, a second menu board is being proposed as part of a split queue drive-thru facility. The installation of two (2) menu boards will require that the existing drive-thru be reconfigured. The existing menu board is located at the northern portion of the site; this area is being reconfigured to accommodate for the split queue drive-thru and second menu board. The reconfiguration of the drive-thru facility proposes the two {2) menu boards at the northeastern portion of the property. The two drive-thru lanes will be separated by curbing and a landscape island and there will be a menu board at each of the drive- thru lanes. The two (2) lanes will merge into a single lane after the menu boards and ordering process. A 6" high concrete median with directional signage has been added to the northeast side of the second drive-thru lane which will aid in the circulation of traffic through the drive-thru and site. The split queue drive-thru and dual menu boards comply with Section 78-373 of the City's Land Development Regulations for Drive-Thru Facilities. A Stacking and Queuing Exhibit has been provided as part of the resubmittal. A narrative demonstrating compliance with Section 78-373 has been provided below. The split queue drive thru expedites ordering time and stacking on sites by moving cars faster thru the ordering process. There is specific technology that is utilized by the restaurant to facilitate the use of 2 order stations. The technology utilizes a camera system that tracks the progress of each vehicle from the order point to the ·cash window and finally to the pick-up window. The computer system tags each vehicle with an order number that is then utilized by the employee to confirm the order with each vehicle. • Separation. The proposed modifications to the drive-thru facility will be separated from the circulation routes and will not interfere with access to any parking space. As has been discussed, 6" high concrete median with directional signage is being proposed at the northeast side of the drive-thru, as to eliminate interference with the ingress/egress and site circulation at this portion of the site. Adequate separation has been provided between the drive-thru facility and parking areas. • Marking. The drive-thru facility is appropriately striped and marked. The two (2) drive-thru lanes will be separated by curbing. A 6" high concrete median with directional signage has been provided at the northeast side of the drive-thru and striping is being proposed at the northwest side of the drive-thru. • Queuing and stacking. The drive-thru meets the queuing and stacking requirements by providing 100' between the cash window and the menu board. Additionally with the redesign the site will no longer stack onto Sunrise. All cars entering from the East must now circulate around the restaurant and enter the queuing lane from the south. This accommodates for more stacking and avoids conflicts that exist today in the Sunrise ROW. • Ordering and pickup facilities. The drive-thru facility already exists. The request is to modify the existing drive-thru to accommodate a split queue drive-thru and dual menu boards. • Bypass lanes. A bypass land has been provided that exceeds the minimum width requirement of 10'. • Roofing. Any roofs constructed as part of the· drive-thru facility will be architecturally consistent with the principal structure. It is important to note that the City of Palm Beach Gardens Sign Code only allows for one {1) menu McDonald's at Northlake Boulevard 21Page Rezoning, Major Conditional Use, Major Site Plan Review, Waivers board per fast-food restaurant; hence the request for a waiver from this requirement. A Menu Board Exhibit has been included. 2. Renovation of Restaurant Fat;ade and Remodeling of the Interior: This project involves a level 2 interior and exterior renovation to the existing McDonald's restaurant. The exterior scope of work includes the removal of the traditional McDonald's mansard roof, the removal of the trash corral behind the store, the addition of new stone finish "entry arcades" to the front and dining sides of the building, the addition of a stone finish decorative "hearth element" at the drive-thru pickup window, the addition of a stone finish decorative "rear brand wall" at the rear of the store, the addition of contemporary metal canopies to the front and sides of the building, and the replacement of the storefront doors and storefront windows at the front and side arcades with impact glazing. The interior scope of work includes the remodel of the toilet rooms to meet FACBC 2007 Standards, a few minor updates to the front counter per McDonald's new MRP prototype criteria, and the relocation of the coffee/beverage bar inside the store. There are a total of three (3) wall signs being proposed. Currently, the City's Land Development Regulations only permit one (1) wall sign, pursuant to Section 78-285, Table 24. A waiver is being requested to allow for the two extra wall signs. 3. Dumpster: The dumpster has been relocated from the northern side of the building to the northwest corner of the site. A detail of the dumpster enclosure has been provided as part of the resubmittal. 4. Outdoor Seating Area: The existing outdoor play area, currently located to the eastern portion of the site, adjacent to the building has been eliminated as part of the proposal and replaced with an outdoor seating area. The outdoor seating area is approximately 300 square feet in size. An Outdoor Seating Diagram has been included as part of the resubmittal, per Section 78-191.b.1. A narrative demonstrating compliance with Section 78-191.b.1 has been provided below. • Access. The proposed outdoor seating area is adjacent to the principal structure and has direct access through a doorway located at the east side of the building. • Location. The proposed outdoor seating area is located directly adjacent to the principal structure (fast food restaurant). • General circulation. The proposed outdoor seating area does not impede access of the general public to the restaurant or any other site elements. • Safety. The proposed outdoor seating area will comply with all building, fire and safety code requirements. • Parking. The parking requirements for the outdoor seating area have been calculated and included in the Site Data. A waiver from the parking requirements is being requested for this project. • Outdoor furniture. The outdoor furniture being proposed is sufficient to withstand the elements, such as the rain and sun. Additional materials related to the proposed outdoor seating furniture have been provided as part of the resubmittal, in accordance with Section 78-192(b) (4). 5. Loading Zone: A loading zone 12' x 35' has been provided at the northwest portion of the site, near the drive-thru component. Sec. 78-362.a.4 of the City's Land Development Code requires a maneuvering apron, a minimum of 12' x 35', directly behind the loading space intended to serve. There is sufficient space behind the loading zone to comply with this requirement and the space has been indicated on the site plan. ·--····-···----·-··--·-····---·--·------·--······ ··········-··············-·---~--······---··-·-----·········---········-··--······-·····-·-···--·-------·--··-···········-···············--····-·········--····-···--··· ···········-····-····-----·----··-- McDonald's at Northlake Boulevard 31Page Rezoning, Major Conditional Use, Major Site Plan Review, Waivers 6. Reconfiguration of Parking and Site Circulation: The parking and circulation on the site are being reconfigured to accommodate the proposed split queue drive-thru and other site improvements, such as the outdoor seating area. The fast food restaurant requires 52 parking spaces; 41 parking spaces are being provided {please note that a waiver is being requested for the reduction in parking). Specific modifications to parking and circulation include: • There are fourteen (14) angled spaces at the northern most parking row; all have been eliminated as part of the proposed modifications. There are six (6) parallel parking spaces now proposed in this area. • There are fourteen { 14) angled parking spaces at the western end of the parking area; one ( 1) has been eliminated and a dumpster is being proposed in this area. There are thirteen (13) remaining angled parking spaces. • There are thirteen ( 13) standard 90 degree parking spaces located at the eastern end of the site. As part of the proposed modifications, this parking row has been modified to now include seven (7) angled parking spaces, to include two (2) handicapped parking spaces. Curbing was added to the northern end of this parking row. • There are four (4) 90 degree parking spaces (two standard and two handicapped) located at the northeast side of the building next to outdoor play area. As part of the proposed modifications, this entire parking area has been eliminated to accommodate for the outdoor seating area and split queue drive-thru. • The two-way drive aisle at the eastern end of the site has been modified to a one-way drive aisle. • A crosswalk and curbing is being provided at the southeast corner of the site. • There are 5 existing 70 degree parking spaces on the south side of the building. Those spaces will be re-striped to allow for a two (2') foot overhang into the south landscape buffer. This will allow for an increased drive-isle width that can accommodate potential drive-thru stacking and parking access. · The required parking for the fast food restaurant is 52 parking spaces; as part of the proposed site modifications, 41 are being provided, thus, the site is deficient by eleven ( 11) parking spaces. Please note that there are two (2) handicapped spaces required and two (2) spaces provided. A wavier from the parking requirement is being requested as part of this Application. The McDonald's Restaurant is an existing use and the improvements being proposed are necessary in order to increase the functionality and efficiency of both the business and the site. The Restaurant has proven compatible with the surrounding uses and the proposed improvements will not cause any incompatibility issues. The overall intent and character of the development remains the same, with the request being to make improvements onsite. The proposed improvements are consistent with good planning and zoning practice, as they make the most efficient use of the site and land. The proposed improvements will not cause any adverse impacts environmentally or aesthetically, nor will they have any negative impact on public facilities. To the contrary, the visual and aesthetic appearance of the restaurant will be improved as a result of the proposed modifications and renovations to the site. The proposed improvements are in compliance with City of Palm Beach Garden's Comprehensive Plan (as will be outlined later in this Justification Statement) and applicable Zoning Regulations. The improvements being proposed to the existing McDonald's Restaurant represent important renovation and redevelopment potential within the City of Palm Beach Gardens. Thus, the project and proposed improvements are in compliance with the planning and zoning principles of the City of Palm Beach Gardens. Similar Projects There have numerous similar projects that have received approval throughout the State of Florida. McDonald's at Northlake Boulevard 41Page Rezoning, Major Conditional Use, Major Site Plan Review, Waivers Below is a summary that outlines examples of similar projects, including the modifications approved and site data for each project. 1. US Highway 19 North, City of Pinellas Park (restaurant rebuild and addition of a double drive-thru) • Square footage: 4,323 square feet I# of seats: 87 • A sign variance was granted so that the existing sign could remain • The City required public hearings for waiver for following items: o Parking -34 in lieu of 43 parking spaces; o Size of the landscape islands; and, o Reduction in landscape buffer. • A Parking Study was performed and determined no significant change -daily trip generation was estimated at approximately 7 percent • Planning Commission voted in favor unanimously 2. 13026 US Hwv 301, Dade City (restaurant rebuild and addition of a double drive-thru) • Square footage: 5,677 square feet I # of seats: 122 • Existing freestanding sign to remain • Landscape buffer variance granted by Variance Adjustment Board unanimously • Parking spaces were reduced from 58 to 46 parking spaces 3. 1 041 0 N Dale Mabry Highway, Hillsborough County (restaurant rebuild and addition of a double drive-thru) • Square footage: 4,220 square feet I# of seats: 85 • # of parking spaces 72 to 62 4. 1905 N Dale Mabry Highway, City of Tampa (restaurant rebuild and addition of a double drive-thru) • Square footage: 4,646 square feet I# of seats: 138 • #of parking spaces: 64 to 47 • Existing freestanding sign to remain • Special Use Approval Required 5. 1934 North Hercules Avenue. City of Clearwater (restaurant expansion and addition of a double drive-thru) • Square footage: 3, 737 square feet I# of seats: 99 • Parking provided: 38; parking required: 56 • Flexible Development Application 6. 7226 SR 54, New Port Richey (addition of a double drive-thru) • Square footage: 4,1 04 square feet I# of seats: 80 • Parking provided: 35 7. Combee Road 2606 Hwv #92 E.. Lakeland (restaurant rebuild and addition of a double drive-thru) • Square footage: 5,1711 #of seats 138 • # of parking spaces: 56 required; 28 provided with cross access easement • Existing freestanding sign to remain 8. Point of Way. City of Tampa (restaurant arcade remodel and addition of a double drive-thru) • Square footage: 3,397 I# of seats 7 4 to 69 • # of parking spaces went from 41 to 29 • Existing freestanding sign to remain 9. 339 US Highway 27 South. Avon Park (restaurant remodel, increase seating & addition of double drive-thru) McDonald's at Northlake Boulevard 5I Page Rezoning, Major Conditional Use, Major Site Plan Review, Waivers • Square footage was 3,435 and increased to 3,935 I# of seats 96 • # of parking spaces went from 52 to 45 10.3428 Thomasville Road, Tallahassee (arcade remodel and increase seating and add double drive thru) • Square footage was 3,435 and increased to 3,935/ #of seats 115 • # of parking spaces went from 46 to 48 SECTION 78-46, APPLICATION PROCEDURES, LAND DEVELOPMENT REGULATIONS The City of Palm Beach Gardens Development Application lists out certain standards that must be addressed as part of the submittal requirements. Those standards have been addressed below. 1. What will be the impact of the proposed change on the surrounding area? There will be no impact to the surrounding area as a result of the requests and proposed improvements to the site. The request for approval of the Rezoning, Major Conditional Use, Major Site Plan Review and Waivers will not create nuisance factors detrimental to adjacent or nearby properties or the City as a whole. To the contrary, the use exists and has proven compatible with the surrounding area and the proposed site improvements will increase the functionality and efficiency of the site, while improving the aesthetic look of the existing restaurant. 2. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan -Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. Future Land Use Element The Rezoning request to the PUD Overlay District complies with the Goals, Objectives and Policies of the Future Land Use Element of the City of Palm Beach Gardens Comprehensive Plan. · Goa/1.1 The Rezoning request complies with this goal, as it promotes a high quality living environment, through compatible land uses and intensities without any threat to the health, safety and welfare of the City's citizens, while remaining in harmony with the surrounding properties and land uses. Objective 1. 1. 1 The Rezoning request complies with this objective, as existing Zoning designations of CG1, as well as the proposed Zoning Overlay District of PUD are consistent with the existing Commercial Future Land Use designation. Policy 1.1.1. 7 The existing CG1 Zoning designation and proposed PUD Overlay District are consistent with the Commercial Future Land Use designation. The proposed modifications to the existing McDonald's Restaurant remain consistent with this Policy, by continuing to promote commercial uses along a major transportation corridor and located within an accessible site where public services are already being provided. Policy 1.1.2.3 The subject site is located within the Northlake Boulevard Overlay Zone. The project will comply with the applicable regulations of the NBOZ to the greatest extent possible, as required by the City's Code. Policy 1.1.3.1 The proposed request and modifications to the existing McDonald's Restaurant comply with this Policy, as they discourage sprawl through promoting redevelopment in existing locations with McDonald's at Northlake Boulevard 6IPage Rezoning, Major Conditional Use, Major Site Plan Review, Waivers established services. Policy 1.1.3.5 The proposed request for a Rezoning is consistent with this Policy, as they address site modifications and redevelopment opportunities for an existing commercial use, which has been established as such on the City's Future Land Use and Zoning Maps. Goa/1.2 The Rezoning request is consistent with this goal, as it encourages redevelopment activity, has no adverse visual impacts and is not a threat to the integrity of the surrounding neighborhood. Objective 1.2. 1 The Rezoning request to the PUD Overlay District is necessary in order to redevelop the parcel as a PUD, in order to make modifications to the existing McDonald's Restaurant. The site is fully developed and the proposed improvements will not have any adverse impacts on the natural resources, and it is consistent with the goals, objectives and policies of the Conservation, Infrastructure and Coastal Management Elements of the City's Comprehensive Plan. Objective 1. 2.4 The proposed Rezoning request to the PUD Overlay District is consistent with this objective, as it is necessary in order to make site improvements to the existing McDonald's Restaurant in order to increase the functionality of the site, and promoting efficient site design. The proposed improvements direct redevelopment efforts to an area already developed and established as commercial, along a major roadway. Policy 1.2.4. 11 The proposed Rezoning request to the PUD Overlay District is consistent with this policy, as it furthers the City's goal of encourages redevelopment opportunities for existing properties. The proposed improvement to the existing McDonald's Restaurant represent important development opportunities within the City, as it enhances the efficiency and functionality of the existing site, while promoting positive aesthetics along the corridor and remaining consistent and compatible with the surrounding area. Transportation Element The proposed request to rezone to the PUD Overlay District is in compliance with the Transportation Element of the City's Comprehensive Plan. The rezoning request is necessary in order to make site improvements to the existing McDonald's Restaurant. A Traffic Statement has been included as part of the submittal. Housing Element The request to rezone to the PUD Overlay District is not applicable to the Housing Element, as the development is commercial in nature. Infrastructure Element The request to rezone to the PUD Overlay District is consistent with the Infrastructure Element, as the site and use already exists. The request to rezone will not adversely impact the infrastructure for the site, as the existing fast food use will remain, with the request to make site improvements. Coastal Management Element The request to rezone to the PUD Overlay District will not adversely impact any coastal areas. Conservation Element The request to rezone to the PUD Overlay District will not adversely impact any conversation areas. ____ !~~~!~.J~ fully ~ev~'.~P!~-~~~--~~~~E~.9-~!~eg~~t~~~~i~-~~reg~~~~-~~~~~--~~E~~?~~-!~--'=~Q_!~ McDonald's at Northlake Boulevard 71Page Rezoning, Major Conditional Use, Major Site Plan Review, Waivers make site modifications to the existing McDonald's Restaurant. Recreation and Open Space Element The request to rezone to the PUD Overlay District is required in order to make site modifications to an existing commercial development. There will be no impact on recreation and open space. Intergovernmental Coordination Element Not applicable to the subject request. Capital Improvement Element The request to rezone to the PUD Overlay District is required in order to make site modifications to a commercial development. The site is fully developed and the use existing. The request will not have an impact on the capital improvements. 3. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? The subject site is fully developed as a fast food restaurant, and has been as such since 1981. The proposed improvements will not impact any natural resources and native vegetation. 4. How will the proposed project comply with· City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? Not applicable as part of this request, as the improvements are part of an existing site and are not a new development. SECTION 78-52, CONDITIONAL USES As outlined in Section 78-52 (d) of the Land Development Regulations, a development order application for a major conditional use approval (in this instance, improvements to an existing conditional use) shall demonstrate compliance with certain criteria. Those standards have been addressed below. 1. Comprehensive plan. The proposed use is consistent with the comprehensive plan. The improvements to the existing conditional use are entirely consistent with the comprehensive plan. The renovation of the restaurant fayade, remodeling of the interior, addition of a second urive thru lane, improvements to the site circulation, additional landscape, and other site improvements will result in a more functional and aesthetically pleasing commercial establishment. 2. Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The improvements to the existing conditional use comply with all applicable requirements of this chapter. The applicant is proposing improvements to an existing conditional use that will result in a more functional and aesthetically pleasing commercial establishment without creating any threat to the health, safety and welfare of the City's citizens. 3. Standards. The proposed use is consistent with the standards for such use as provided in section 78-159. The existing fast food restaurant with a drive-through use is a major conditional use within the subject site's current Zoning designation of CG-1 (General Commercial), and as part of this request, the applicant is requesting approval to rezone the subject site to PUD/CG-1 (Planned Unit Development Overlay District/General Commercial). Rezoning to the PUD/CG-1 Overlay District will allow for more flexible design standards that promote a more efficient and functional design for the existing fast food restaurant use, as well as improve the aesthetics of the use. 4. Public welfare. The proposed use provides for the public health, safety, and welfare by: a. Providing for a safe and effective means of pedestrian access; --·------------·-·---·----------------·--·-·------·--------------·---------·---·--·----·------·-·········-···----·---------·---·-------·----·-------.. -------·--------·-------·--·------· McDonald's at Northlake Boulevard ~I Page Rezoning, Major Conditional Use, Major Site Plan Review, Waivers Among the improvements are crosswalks and additional sidewalks along with vehicular directional signage which will result in a safer and more effective means of pedestrian access throughout the site. b. Providing for a safe and effective means of vehicular ingress and egress; Among the improvements are vehicular directional signage, striping and curbs which will result in a safer and more effective means of vehicular ingress and egress. c. Providing for an adequate roadway system adjacentto and in front of the site; The existing roadways adjacent to and in front of the site are adequate to service the development. d. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and As previously mentioned, among the improvements are vehicular directional signage, striping and curbs which will result in a safer and more effective means of vehicular ingress and egress. e. Providing adequate access for public safety purposes, including fire and police protection. The improvements will provide for adequate public safety purposes including fire and police protection as all proposed access aisles meet or exceed code requirements. 5. Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: a. Noise; The improvements to the existing conditional use include additional landscape throughout the site that will aid in mitigating noise onsite. b. Glare; The improvements to the existing conditional use include additional landscape throughout the site that will aid in mitigating glare ensile. · c. Odor; The improvements to the existing conditional use include relocating the dumpster from the northern side of the building to the northwest corner of the site, and constructing a new dumpster enclosure with new landscape screening that will aid in mitigating odor onsite. d. Ground, wall, or roof-mounted mechanical equipment; All mechanical equipment will be roof-mounted and screened from view or landscaped to screen from view. e. Perimeter, interior, and security lighting; Existing outdoor site lighting is proposed to remain including the parking lot lights that provide security to patrons. f. Signs; The improvements to the existing conditional use include new building signage, menu boards, and directional signs that will ultimately be more functional and aesthetically pleasing that what currently exists. g. Waste disposal and recycling; As previously mentioned, the improvements to the existing conditional use include relocating the dumpster from the northern side of the building to the northwest corner of the site, and constructing a new dumpster enclosure with new landscape screening that will aid in mitigating odor onsite. McDonald's at Northlake Boulevard 91Page Rezoning, Major Conditional Use, Major Site Plan Review, Waivers Not applicable to the subject request. i. Visual impact; and The renovation of the restaurant fayade, remodeling of the interior, addition of a second drive thru lane, improvements to the site circulation, additional landscape, and other site improvements will result in a more functional and aesthetically pleasing commercial establishment. j. Hours of operation. The hours of operation will remain the same. 6. Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The existing underground and overhead utilities will remain unchanged. 7. Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. The improvements to the existing conditional use have no effect on the dimensional requirements of the site as they currently exist. 8. Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. The subject site in not located within any neighborhood area. 9. Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development, The McDonald's Restaurant is an existing use and the improvements being proposed are necessary in order to increase the functionality and efficiency of both the business and the site. The Restaurant has proven compatible with the surrounding uses and the proposed improvements will not cause any incompatibility issues. 10. Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The proposed improvements are consistent with good planning and zoning practice, as they make the most efficient use of the site and land. The proposed improvements will not cause any adverse impacts environmentally or aesthetically, nor will they have any negative impact on public facilities. To the contrary, the visual and aesthetic appearance of the restaurant will be improved as a result of the proposed modifications and renovations to the site. 11. Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the city. The proposed improvements are in compliance with City of Palm Beach Garden's Comprehensive Plan and applicable Zoning Regulations. The improvements being proposed to the existing McDonald's Restaurant represent important renovation and redevelopment potential within the City of Palm Beach Gardens. Thus, the project and proposed improvements are in compliance with the planning and zoning principles of the City of Palm Beach Gardens. 12. Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The renovation of the restaurant fac;ade, remodeling of the interior, addition of a second drive thru lane, improvements to the site circulation, additioflal landscape, and other site improvements will not create nuisance factors detrimental to adjacent or nearby properties or the City as a whole. To the contrary, the use exists and has proven compatible with the surrounding area and the proposed site improvements will increase the functionality and efficiency of the site, while improving the aesthetic look of the existing restaurant. McDonald's at Northlake Boulevard 10 I Page Rezoning, Major Conditional Use, Major Site Plan Review, Waivers 13. Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, stormwater management, wildlife, vegetation, and wetlands. The improvements to the existing conditional use will not result in any adverse impacts on environmental and natural resources. NONCONFORMITIES There are existing nonconformities that are located on the subject site. The following is a summary of the nonconformities on the site that will not be impacted as part of the proposed request. 1 2 3 4 5 6 7 WAIVERS 78-344 Table 32 78-315.b 78-153, table 12 78-319(a) 78-285, table note 2 78-292 Landscape area width around monument n on north side Existing Flagpole height is 30' and code maximum for pole-mounted banner is 25 feet. 19' for General Use Following traffic flow 1 island/9 50' 3' 25' 18' n/a 13 spaces . 0' 30' As part of the request, the Applicant is respectfully requesting waivers from the sign and parking requirements of the City's Land Development Regulations {LOR's). As discussed, the Applicant is requesting to rezone the subject site to the PUD Overlay District. As such, Section 78-158 of the City's LOR's establishes criteria for waivers. According to the Section, waivers are "to encourage applicants for planned development, PUD, and, PCD, approval to propose residential and nonresidential projects that are innovative, creative, and utilize planning, design, and architectural concepts that will be of benefit to the city". The three (3) requested waivers are outlined below: 1 2 #of Menu Boards Required Parking Sec. 78-285, . Table 24-Menu Board Sec. 78-345, Table 33 McDonald's at Northlake Boulevard Maximum of one Two (2) (1} menu board boards per restaurant menu 52 parking spaces 41 Parking Spaces Rezoning, Major Conditional Use, Major Site Plan Review, Waivers One (1} additional menu board* eleven (11) parking spaces lliPage One 39.5SF Word mark** Sec. 78-285, sign on the 3 Wall Signs Table 24-Wall Maximum of one Three (3) Wall south and one ( 1 ) per restaurant Signs 10.25SFWall Signs Logo ***sign on the east elevation.** *Identified as sign "F" on the signage and site plan exhibits. **Identified as sign "L" on the signage exhibits '" ***Identified as signs "J" on the signage exhibits. Waiver Criteria The proposed waivers are in compliance with the waiver criteria set forth in the City's Land Development Regulations. 1. The request is consistent with the city's comprehensive plan. The waiver requests are consistent with the City of Palm Beach Gardens Comprehensive Plan, as outlined below. Waiver #1 -Menu Boards The proposed waiver request to allow two (2) menu boards is in compliance with all elements of the City's Comprehensive Plan. The waiver to allow two (2) menu boards at the subject site is necessary in order to implement beneficial site improvements that will increase the functionality and efficiency of the site. The dual menu boards are being proposed as part of a renovation to an existing fast food restaurant, that has been established and in operation at this location for years. The granting of this waiver and subsequent installation of a second menu board will allow the vehicles to move more efficiently through the drive-thru facility. This increases the functionality an efficiency of an already established commercial use, along a major roadway and commercial corridor. The proposed request does not alter the character of the existing development or area. The proposed request is consistent with the Purposes, Goals, Objectives and Policies of the City's Comprehensive Plan, as the use will continue to provide services that contribute to livable communities and adhere to growth management principles, while continuing to promote commercial uses along the corridor. The fast food restaurant has been in operation for years and has proven consistent with the City's Comprehensive Plan; the proposed modifications will not impact that consistency. Waiver #2-Required Parking . The proposed waiver request to allow for a reduction in parking will not create any inconsistencies . with the City's Comprehensive Plan. To the contrary, as demonstrated in the Parking Analysis provided as part of the submittal, the 41 parking spaces provided are sufficient to accommodate the needs of the subject site. Objective 1.1.3 of the City's Comprehensive Plan, promotes maintaining land development regulations that encourage infill and redevelopment in the eastern portions of the City. Furthermore, Policy 1.1.3.1.h promotes ensuring "safe and convenient on-site traffic flow and vehicle parking needs". As demonstrated in the Parking Analysis, the provided parking accommodates the parking needs for the project with excess.. The proposed parking layout promotes convenient and safe on-site traffic flow, which is an improvement over the existing conditions for the site. Furthermore, the reduction in parking will allow for beneficial site improvements, which represent positive renovation and redevelopment opportunities within the City of Palm Beach Gardens. Waiver #3-Wall Signs The subject property is located within the Northlake Boulevard Overlay Zone {NBOZ). The NBOZ __ ?._!1_9.~S f~!:_q_Q~{1.1 .. !?~9_Q_P~r._ff9.Dtage, ~~~rea_~~~Jand D~_velg_pment _ Re_gulatio_Q~_?.!Iow f"-r OQ~j_1)_ McDonald's at Northlake Boulevard 12fPage Rezoning, Major Conditional Use, Major Site Plan Review, Waivers sign per site. The subject site has two (2) frontages, one along Northlake Boulevard and the other along Sunrise Drive. The project is proposing three (3) wall signs, two on the south frontage facing Northlake Blvd and one (1) facing Sunrise. The request is consistent with Policy 1.1.2.3 of the City's Comprehensive Plan, which states, "a Northlake Boulevard Overlay Zone (NBOZ) shall be maintained on the City's Future Land Use Map. The NBOZ shall apply to all properties along Northlake Boulevard, east of Military Trail, for one property depth north and south of Northlake Boulevard, including the properties in all four quadrants of the intersection at Military Trail". The request for a waiver for one (1) additional "Logo Sign" on the east or Sunrise frontage is consistent with the intent of the NBOZ. The one (1) additional "Wordmark" sign on the south fa~ade is to allow greater brand recognition while providing architectural balance to the proposed new building fa~ade. Together the two signs will not exceed the maximum allowed SF for the frontage. 2. The request is consistent with the purpose and intent of this section. The waiver requests are consistent with the purpose and intent of the section, as outlined below. Waiver #1 -Menu Boards The waiver request to allow two {2) menu boards is consistent with the purpose and intent of the section. The inclusion of a split queue drive-thru and dual menu board component on this property represents innovate and creative planning and design that increases the functionality of the site, while addressing current market trends which demand a second menu board. Furthermore, the City's Land Development Code does not prohibit the inclusion of a second drive-thru lane within a fast food restaurant use; however, it does limit the number of menu boards to one per restaurant. It is not possible to have a second drive-thru lane without a second menu board. The granting of this waiver is the only way to allow for the second menu board, which is necessary to make the innovative and beneficial improvements that will enhance the circulation and functionality of the site. Waiver #2-Required Parking The waiver request for a reduction in the required parking is consistent with the purpose and intent of the section. As outlined in the Parking Study, the 41 provided parking spaces meet the needs of this project. The proposed site improvements represent innovative and creative planning and design principles. The reduction in parking aids in accommodating these principles by providing a site layout that is conducive to such type of development. The reduction in the required parking will in no way negatively impact the proposed development, as outlined in the Parking Study. Based on the data in the last page of the parking study it is clear that consistently 60%-70% of all sales for this specific site is thru the drive-thru. This further accentuates that the parking demand for the dining room is adequately addressed by the 41 parking spaces being provided. Waiver #3-Wall Signs The waiver request for two (2) additional wall signs is consistent with the purpose and intent of this section. Although the applicant is proposing three (3) total signs, the two that would face Northlake are well within the allowable SF area for the fa~ade. The applicant could place one (1) sign on that fac;ade with a total of 66 SF based on the length of the south fac;ade. However, to make the architecture more aesthetically pleasing and accentuate the design elements of the building we are proposing two signs that total of 49.75 SF. The architecture being proposed will enhance the aesthetics of the existing site and represents a positive improvement that will benefit the corridor. The addition of the second "Wordmark"l sign is important to the architectural style and business identification. Secondly, the sign proposed on the Sunrise frontage would be consistent with the intent of the NBOZ allowing signage when the property has frontage on two roadways._ 3. The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. The waiver requests support and further the City's goals, objectives and policies by promoting architectural significance, amenities and employment opportunities, as outlined below. McDonald's at Northlake Boulevard 131Page Re:z:oning, Major Conditional Use, Major Site Plan Review, Waivers ---~--~~~~~------------------------ Waiver #1 -Menu Boards The waiver request for a second menu board furthers the City's goals, objectives and policies by representing innovative and creative design regarding the redevelopment of an existing parcel located within the City. The existing fast food restaurant provides employment opportunities. The inclusion of a split queue drive~thru and second menu board will enhance the functionality and efficiency of the use, positively impacting the business. Furthermore, the addition of the second menu board will more efficiently move vehicle.s through the drive~thru component, enhancing the onsite circulation. Waiver #2-Required Parking The waiver request for a reduction in parking furthers the City's goals, objectives and policies by contributing to a site layout that promotes innovative and creative design principles that enhance the sites functionality. The reduction in parking will not negatively impactthe site. To the contrary, as outlined in the Parking Study, the 41 provided parking spaces can successfully accommodate the use. The waiver will allow this local business to increase efficiency and modernize the facility which provides employment opportunities from construction thru operation within the City of Palm Beach Gardens. The modified parking layout promotes improved site circulation and allows for other amenities, such as a split queue drive~thru and 300 SF outdoor seating area, all of which are beneficial to the subject property and increase the aesthetics and use along the corridor. Waiver #3-Wall Signs The waiver request to allow two (2) additional wall signs furthers the City's goals, objectives and policies by promoting architectural improvements. The proposed architecture will improve the aesthetics of the site and the Northlake Boulevard Corridor by providing a more modern and updated look for the existing fast food restaurant. The inclusion of the additional wall signs is critical to the design and business allowing identity on both Northlake Blvd and the side street of Sunrise. The approval of this waiver will allow for the applicant to provide both text signage as well as the logo signage that is highly recognized on both frontages .. 4. The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. The granting of the three {3) requested waivers will result in a development that exceeds one (1) or more of the minimum requirements for PUD's. The waiver requests pertain to signage and parking requirements and regulations. All other elements are either existing or will conform to the PUD development regulations. Please note that the underlying Zoning District is CG1. 5. The request for one or more waivers results from innovative design in which other minimum standards are exceeded. The waivers are a result of innovative design in which other minimum standards are exceeded, as outlined below. Waiver #1 -Menu Boards This waiver request is a result of new market trends for fast food restaurants that require innovative design standards, such as dual menu boards and a split queue drive-thru. The inclusion of a second menu board promotes increase site functionality, circulation and efficiency. The current market trend to redevelop the sites with a split queue drive-thru and second menu board is a result of the demand for a second point of service and aids is moving cars more quickly and efficiently through the drive-thru. This has a positive impact on the overall development by promoting enhanced site circulation and an improved layout for the use. Waiver #2-Required Parking The waiver request for a reduction in required parking promotes innovative design elements for the site. The reduction in parking aids in redesigning portions of the site in a way that enhances onsite circulation and creates a site that functions more efficiently. The approval of this waiver for a -----~~<!uct~?~-~.E.~~!r:!~ .. ~~~~__!~-~~-~~¥_':l_~~~~y~l¥i'!'P.~.~!_t~~~~~~__: __ !_~~--~~u~!~ drive_!~~-~-<?~P'~!qu~_ue_ McDonald's at Northlake Boulevard 141Page Rezoning, Major Conditional Use, Major Site Plan Review, Waivers design is an innovative design that cannot be accommodated with the reduction in parking. The design promotes the expedited service for drive-thru customers which make of 60-70% of all restaurant sales. The tendency for customers to use the drive-thru versus the dining room is significant and subsequently requires less parking than is intended by the code language. The 41 provided parking spaces are sufficient to meet the needs of the use, as demonstrated in the Parking Study. The granting of the parking waiver is necessary in order to implement innovative and positive site improvements. Waiver #3-Wall Signs The waiver request to allow two (2) additional wall signs promotes positive architectural improvements for the use, as well as the Northlake Boulevard Corridor. The NBOZ Guidelines allow for the subject site to have two {2) wall signs, one along each frontage {Northlake Boulevard and Sunrise Drive). The two walls signs along the Northlake Boulevard south facade are important to the architectural style of the use and the business itself providing identity along Northlake Blvd. Combined, the two signs still do not exceed the maximum allowable sign face area for the south fa9ade. The third sign along the Sunrise Drive east fa9ade is provided to accentuate the architecture of the building. The architecture will improve the aesthetics of the site and the corridor, and the inclusion of additional wall signs is critical to the business and design. 6. The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. The granting of the three {3) waiver requests will not have any negative impacts on the preservation of valuable natural resources, including environmentally sensitive lands, drainage and recharge areas and coastal areas. The site is already developed and has been in operation for years and will have no adverse impacts. 7. The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. The three (3) waiver requests will result in public benefits such as desirable architectural, building and site design techniques. As has been discussed, the granting of these waiver requests will allow the site to make improvements that will enhance the functionality, efficiency and aesthetics of the site. As part of the proposed site improvements, a second menu board as a part of a split queue drive-thru is being proposed. This split queue drive through enhances the circulation of the site, and increases the efficiency of the business, both a benefit to the public who patronize the business. Furthermore, the proposed site improvements include revised building architecture, which will promote a positive and enhanced aesthetic look for the business and the corridor. The reduction in parking will allow for enhanced site circulation, the addition of an outdoor seating area and other improvements, all of which are positive impacts to the site and the public who patronize the business. 8. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The granting of the three (3) waivers and subsequent allowance for a second menu board, three wall signs and reduction in parking will not cause any adverse impact to adjacent uses. There is sufficient buff~ring and screening existing on the site. 9. The request is not based solely or predominantly on economic reasons. The three {3) waiver requests are not based solely and predominantly on economic reasons. Both waiver requests are necessary to address current market demands and site conditions. The addition of a second menu board and split queue drive-thru address current market demands and trends, that promotes a second point of service. In addition, the second menu board enhances the ---~E9!ficie!!~L~nd fu_~?_tional~_~f the si!~--~nd -~~~iness~--~~~-effic!~_r:a~IX __ ~~vin~-~~~-i~!~~~E~!:~h th~ McDonald's at Northlake Boulevard lSI Page Rezoning, Major Conditional Use, Major Site Plan Review, Waivers drive-thru facility. The reduction in parking is not based on economic reasons, as it is necessary to make positive site improvements that increase the site circulation and functionality. As demonstrated in the Parking Study, the 41 provided parking spaces are sufficient to meet the needs of the business. The two additional wall signs are an important component to the business design. The second wall sign is in compliance with the NBOZ portion of the City's Land Development Code, which allows a wall sign per street frontage. 10. The request will be compatible with existing and potential land uses adjacent to the development site. The three (3) waiver requests are compatible with the existing and potential land uses adjacent to the development site. As has been discussed, the use exists, with the proposed improvements and subsequent waivers necessary to make site improvements that will enhance the functionality, efficiency and aesthetics of the site. The overall intent and character of the development remains the same; there will be no negative impacts to the surrounding area. 11. The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public heaith, safety, and welfare. Waiver #1 -Dual Menu Boards The waiver request to allow for a second menu board win be in harmony with the general purpose and intent of this section. The request for a waiver to permit a second menu board will allow for a split queue drive-thru, which in tum creates a more efficient, functional site layout that addresses current market trends for this type of use. The City's Land Development Code does not prohibit the development of a second drive-thru lane for a fast food restaurant. The request for a second menu board does not result in any inconsistencies with the City's Land Development Code. To the contrary, it addresses inconsistencies in the City's Code, which allows a second drive-thru lane, but not a second menu board. The allowance of a second menu board will not be injurious to the area involved or detrimental to the public health, safety and welfare. To the contrary, the site has been in operation as a fast food restaurant for years, and has proven compatible with the surrounding area. The approval of the waiver to allow for a second menu board does not change the character or intent of the use. The existing McDonald's Restaurant will continue to remain harmonious and compatible with the surrounding area. Waiver #2-Required Parking The waiver to allow for a reduction in parking will be in harmony with the general purpose and intent of this section. The reduction in parking is necessary in order to accommodate for site improvements that will improve the functionality and efficiency of the site. The provided parking is sufficient to serve the needs of this restaurant, as outlined in the Parking Study included as part of the submittal. The reduction in parking will not be injurious to the area involved or detrimental to the public, health, safety and welfare. This site has been in operation as a fast food restaurant for years, and the reduction in parking will not have any adverse impacts on the site, or the surrounding area. Waiver #3 -Wall Signs The waiver to allow for two (2) additional wall signs will be in harmony with the general purpose and intent of this section. As previously stated, the request for a second wall sign on Sunrise is in compliance with the NBOZ Guidelines that allow for one (1) sign per street frontage. The additional 39.5 SF "Wordmark" sign being proposed on the Northlake frontage still stays below the allowable SF for the front fayade per the code requirements. The additional signage is consistent with the intent of the code not to oversize signage for the fac;ade or corridor. McDonald's at Northlake Boulevard 16 I f' a g e Rezoning, Major Conditional Use, Major Site Plan Review, Waivers THE APPLICANT RESPECTFULLY REQUESTS APPROVAL OF A REZONING, MAJOR CONDITIONAL USE, MAJOR SITE PLAN REVIEW AND WAIVERS. 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['-----c-J ... __, -I ~ ~l 1 ORDINANCE 28, 2012 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA REZONING CERTAIN REAL 6 PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF 7 PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF 8 REAL PROPERTY TOTALING 1.01 ACRES IN SIZE, MORE OR 9 LESS, LOCATED ON THE NORTHWEST CORNER OF 10 NORTHLAKE BOULEVARD AND SUNRISE DRIVE, WITH A 11 STREET ADDRESS OF 3805 NORTHLAKE BOULEVARD, TO BE 12 KNOWN AS THE MCDONALD'S PUD; PROVIDING THAT THIS 13 PARCEL OF REAL PROPERTY WHICH IS MORE PARTICULARLY 14 DESCRIBED HEREIN SHALL BE ASSIGNED THE CITY ZONING 15 DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) 16 OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF 17 GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING 18 MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED 19 ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A 20 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 21 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 22 23 24 WHEREAS, the City Council, as the governing body of the City of Palm Beach 25 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 26 Statutes, and the City's Land Development Regulations, is authorized and empowered 27 to consider petitions related to zoning and land development orders; and 28 29 WHEREAS, the McDonald's site (3805 Northlake Boulevard) is currently zoned 30 General Commercial (CG-1) and has a future land-use designation of Commercial (C); 31 and 32 33 WHEREAS, the Planning and Zoning Department has reviewed the application, 34 has determined that it is sufficient and consistent with the City's Comprehensive Plan 35 and Land Development Regulations, and has recommended approval; and 36 37 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its 38 October 16, 2012, meeting and recommended approval of the subject petition (PPUD- 39 12-04-000027 and CUMJ-12-09-000024) by a vote of 7 -0; and 40 41 WHEREAS, the City Council has considered the evidence and testimony 42 presented by the Applicant and other interested parties and the recommendations of the 43 various City of Palm Beach Gardens and Palm Beach County reviewing agencies and 44 staff; and 45 46 Page 1 of 3 ------------------------------------------ Ordinance 28,2012 1 WHEREAS, the City Council deems approval of this Ordinance to be in the best 2 interests of the health, safety, and welfare of the residents and citizens of the City of 3 Palm Beach Gardens and the public at large; and 4 5 WHEREAS, the City Council has determined that this Ordinance is consistent 6 with the City's Comprehensive Plan based on the following findings of fact: 7 8 1. The proposed rezoning of Planned Unit Development (PUD) Overlay with 9 an underlying zoning of General Commercial (CG-1) is consistent with the 10 future land-use designation of Commercial (C). 11 12 2. The proposed rezoning is in harmony with the general purpose and intent of 13 the Comprehensive Plan and the Land Development Regulations, and is 14 compatible with the intensity and density of the surrounding, existing, and 15 future land uses. 16 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF PALM BEACH GARDENS, FLORIDA that: 20 21 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 22 23 SECTION 2. That certain parcel of real property located within the corporate 24 limits of the City of Palm Beach Gardens comprised of one {1) lot totaling approximately 25 1.01 acres, more or less, located on the northwest corner of Northlake Boulevard and 26 Sunrise Drive, with a street address of 3805 Northlake Boulevard, and currently zoned 27 General Commercial (CG-1), according to the City zoning map, is hereby zoned 28 Planned Unit Development (PUD) with an underlying zoning designation of General 29 Commercial (CG-1) and is legally described as follows: 30 31 {See Exhibit "A" for Legal Description) 32 33 SECTION 3. The City Zoning Map is hereby amended to conform to this 34 Ordinance, and the City Manager is hereby authorized and directed to make appropriate 35 changes to the City Zoning Map. 36 37 SECTION 4. All ordinances or parts of ordinances in conflict be and the same 38 are hereby repealed. 39 40 SECTION 5. Should any section or provision of this Ordinance or any portion 41 thereof, any paragraph, sentence, or word be declared by a Court of competent 42 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 43 this Ordinance. 44 45 SECTION 6. This Ordinance shall become effective immediately upon adoption. 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 28,2012 PASSED this __ day of ______ , 2012, upon first reading. PASSED AND ADOPTED this __ day of ______ , 2012, upon second and final reading. CITY OF PALM BEACH GARDENS BY: ----------------David Levy, Mayor Robert G. Premuroso, Vice Mayor Marcie Tinsley, Councilmember Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: BY: -------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------R. Max Lohman, City Attorney FOR G:\attorney_share\ORDINANCES\2012\0rdinance 28 2012-McDonalds.docx Page 3 of 3 AGAINST ABSENT Ordinance 28, 2012 EXHIBIT "A" LEGAL DESCRIPTION THE NORTH 216.4 FEET OF THE SOUTH 316.14 FEET OF THE EAST 203.57 FEET OF THE SOUTHEAST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF SECTION 18, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. CONTAINING 1.01 ACRES, MORE OR LESS. 1 RESOLUTION 98, 2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE MCDONALD'S 6 PLANNED UNIT DEVELOPMENT (PUD) WITH SITE PLAN AND 7 MAJOR CONDITIONAL USE, AS MORE PARTICULARLY 8 DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING 9 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; 10 AND FOR OTHER PURPOSES. 11 12 WHEREAS, the City Council, as the governing body of the City of Palm Beach 13 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 14 Statutes, and the City's Land Development Regulations, is authorized and empowered 15 to consider petitions related to zoning and land development orders; and 16 17 WHEREAS, on October 4, 1980, the subject property received site plan approval 18 from the Site Plan and Appearance Review Committee; and 19 20 WHEREAS, on August 28, 1991, the Site Plan and Appearance Review 21 Committee approved the "McDonald's Playland" to be added to the site and changed 22 the building trim color to teal; and 23 24 WHEREAS, on October 13, 1999, the Site Plan and Appearance Review 25 Committee approved a change to the color of the roof from teal to light brown; and 26 27 WHEREAS, on July 17, 2003, an Administrative petition (ADMN-03-46) was 28 approved allowing new building and roof colors; and 29 30 WHEREAS, the McDonald's site has a Planned Unit Development (PUD) 31 Overlay with an underlying zoning designation of General Commercial (CG-1), has a 32 future land-use designation of Commercial (C), and is located within the Northlake 33 Boulevard Overlay Zone; and 34 35 WHEREAS, the Planning and Zoning Department has reviewed the application 36 and determined that it is sufficient and consistent with the City's Comprehensive Plan 37 and Land Development Regulations, and has recommended approval; and 38 39 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its 40 October 16, 2012, meeting and recommended approval of the subject petition (PUDA- 41 12-04-000027 and CUMJ-12-09-000024) by a vote of7-0; and 42 43 WHEREAS, the City Council has considered the evidence and testimony 44 presented by the Applicant and other interested parties and the recommendations of the 45 various City of Palm Beach Gardens reviewing agencies and staff; and 46 Page 1 of 6 Resolution 98, 2012 1 WHEREAS, the City Council deems approval of this Resolution to be in the best 2 interests of the health, safety, and welfare of the residents and citizens of the City of 3 Palm Beach Gardens and the public at large. 4 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 7 OF PALM BEACH GARDENS, FLORIDA that: 8 9 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 10 11 SECTION 2. The application is hereby APPROVED for a PUD Overlay with site 12 plan and major conditional use to allow modifications to the site plan, landscape plan, 13 and elevations with three (3) waivers, which is in addition to the general requirements 14 otherwise provided by resolution for the real property described as follows: 15 16 (See Exhibit "A" for Legal Description) 17 18 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 19 APPROVES the following three (3) waivers: 20 21 1. Section 78-285, Table 24, Menu Board Sign, to allow one (1) additional 22 menu board sign. 23 24 2. Section 78-285, Table 24, Wall Signs for Principal Structures, to allow one 25 (1) additional Principal Tenant wall sign on the east elevation. 26 27 3. Section 78-345, Table 33, Required Off-Street Parking Spaces, to allow a 28 reduction of 11 parking spaces. 29 30 SECTION 4. This approval is subject to the following conditions, which shall be 31 the responsibility of and binding upon the Applicant, its successors, or assigns: 32 33 1. Prior to construction plan approval and issuance of the first land alteration 34 permit, the Applicant shall schedule a pre-permit meeting with the Planning 35 & Zoning Department. (Planning & Zoning) 36 37 2. All on-site lighting shall be cast downward and shielded in order to minimize 38 "spill over" onto adjacent properties. (Planning & Zoning) 39 40 3. Prior to the issuance of the final Certificate of Completion issued by the 41 Building Department, all ground-mounted and roof-top mechanical 42 equipment shall be screened from view in accordance with City Code 43 Section 78-377, entitled Mechanical and Service Equipment Screening. 44 (Planning & Zoning) 45 46 47 Page 2 of 6 Resolution 98,2012 1 4. Seating capacity within the outdoor seating area shall be limited to no more 2 than sixteen (16) seats. (Planning & Zoning) 3 4 5. Prior to the Certificate of Completion, the Applicant, successors, and 5 assigns shall install the landscaping and irrigation in the road shoulder of 6 the Northlake Boulevard right-of-way adjacent to the property from the 7 eastern property boundary to the western property boundary, in accordance 8 with the approved landscape plan. (Planning & Zoning) 9 10 6. The Applicant, successors, and assigns shall be responsible for the 11 landscaping and irrigation maintenance in the road shoulder of the 12 Northlake Boulevard right-of-way adjacent to the property from the eastern 13 property boundary to the western property boundary, and in the road 14 shoulder of the Sunrise Drive right-of-way adjacent to the property from the 15 northern property boundary to the southern property boundary, in 16 accordance with the approved landscape plan. (Planning & Zoning) 17 18 7. The Applicant, successors, and assigns shall be responsible for the 19 maintenance of its fair share of the Northlake Boulevard median, such share 20 running the length of the subject median, from the eastern property 21 boundary to the western property boundary. (Planning & Zoning) 22 23 8. Prior to the issuance of the final Certificate of Completion issued by the 24 Building Department, digital copies (pdf and CAD) of the approved civil 25 design and architectural drawings, including floor plans, shall be submitted 26 to the GIS Manager. (Planning & Zoning) 27 28 9. Prior to the issuance of the first land alteration permit, the Applicant shall 29 provide a signed and sealed pavement marking and signage plan, or 30 provide the same on the engineering plans. (City Engineer) 31 32 10. The Applicant shall provide the City Engineer with copies of all permits, 33 permit applications, and 'RAis to and from regulatory agencies regarding 34 issues on all permit applications, certifications, and approvals. (City 35 Engineer) 36 37 11. Prior to the commencement of construction, the Applicant shall provide all 38 necessary construction zone signage and fencing as required by the City 39 Engineer. (City Engineer) 40 41 12. The construction, operation, and/or maintenance of any elements of the 42 subject project shall not have any negative impacts on the existing drainage 43 of surrounding areas. If at any time during the project development it is 44 determined by the City that any of the surrounding areas are experiencing 45 negative drainage impacts caused by the project, it shall be the Applicant's 46 responsibility to resolve said impacts in a period of time and a manner Page 3 of6 -------------------------------- Resolution 98, 2012 1 acceptable to the City prior to additional construction activities. The City 2 may cease issuing building permits and/or Certificates of Completion until all 3 drainage concerns are resolved. (City Engineer) 4 5 13. Prior to the beginning of construction, the Applicant shall schedule a pre- 6 construction meeting with City staff. (City Engineer) 7 8 14. Prior to the issuance of the first land alteration permit, the Applicant shall 9 provide to the City letters of authorization from the applicable utility 10 companies allowing landscaping and light poles to be placed within the 11 utility easements. (City Engineer) 12 13 15. Prior to the issuance of the Certificate of Completion, the Applicant shall 14 provide copies of the required testings to the City for review. (City 15 Engineer) 16 17 16. The Applicant shall comply with all Federal Environmental Protection 18 Agency and State of Florida Department of Environmental Protection permit 19 requirements for construction activities. (City Engineer) 20 21 17. Prior to the issuance of the first building permit, the Applicant shall provide 22 the estimated cost of construction certified by a licensed general contractor. 23 In the event the cost exceeds 50 percent of the Palm Beach County 24 Property Appraiser's assessed value of the structure, the Applicant shall be 25 required to provide a photometric plan to the City within 45 calendar days of 26 notice provided by the City. All lighting shall be completed prior to the 27 issuance of the Certificate of Completion. (City Engineer) 28 29 SECTION 5. This petition is approved subject to strict compliance with the 30 Exhibits listed below, which are attached hereto and made a part hereof as Exhibit "8": 31 32 1. Alternative Parking Study, Pages 1 through 9, prepared by Kimley-Hom and 33 Associates, Inc., dated September 5, 2012. 34 35 2. Outdoor Seating Plan, Sheet 1 of 1, prepared by Wausau Tile, dated June 36 27,2012. 37 38 3. Outdoor Seating Furniture, Pages 1 and 2 of 3, prepared by Wausau Tile, 39 datedJune21,2012. 40 41 4. Existing Conditions & Waivers Exhibit, Pages 1 and 2, prepared by City of 42 Palm Beach Gardens, dated October 1, 2012. 43 44 5. Site Plan, Sheet C-100, prepared by Kimley-Hom and Associates, Inc., 45 dated October 9, 2012. 46 Page 4 of 6 Resolution 98, 2012 1 6. Site Details, Sheet C-102, prepared by Kirhley-Horn and Associates, Inc., 2 dated August 28, 2012. 3 4 7. Landscape Plans, Sheets LP-1 through LP-4, prepared by Land Design 5 South, dated September 6, 2012. 6 7 8. Signage Plans, Sheets S-1 through S-7, prepared by Kemp Signs, Inc., 8 dated October 1, 2012. 9 10 9. Dumpster Elevation Details, Sheet AO, prepared by Hartley + Purdy 11 Architecture, Inc., dated February 1, 2012. 12 13 10. Elevations, Sheets A2.0 and A2.1, prepared by Hartley + Purdy 14 Architecture, Inc., dated October 1, 2012. 15 16 11. Colored Elevations, Sheets A2.0 and A2.1, prepared by Hartley + Purdy 17 Architecture, Inc., dated June 12, 2012. 18 19 12. Building Colors and Materials Exhibit, Sheet CB, prepared by Hartley + 20 Purdy Architecture, Inc., dated June 12, 2012. 21 22 SECTION 6. This approval shall be consistent with all representations made by 23 the Applicant or the Applicant's agent at any public hearing. 24 25 SECTION 7. This Resolution shall become effective immediately upon adoption. 26 27 28 (The remainder of this page intentionally left blank) 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Page 5 of6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 98, 2012 PASSED AND ADOPTED this __ day of _______ , 2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: ------------------------------David Levy, Mayor ATTEST: BY: ----------------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORMAND LEGAL SUFFICIENCY BY: -------------------------· R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER TINSLEY COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN G:\attorney_share\RESOLUTIONS\2012\Resolution 98 2012-McDonalds.doc Page 6 of6 I----------- Resolution 98, 2012 EXHIBIT "A" LEGAL DESCRIPTION THE NORTH 216.4 FEET OF THE SOUTH 316.14 FEET OF THE EAST 203.57 FEET OF THE SOUTHEAST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (1/4) OF SECTION 18, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. CONTAINING 1.01 ACRES, MORE OR LESS. Resolution 98, 2012 EXHIBIT "8" \ ----------------------------------------, ALTERNATIVE PARKING STUDY MCDONALD'S-NORTHLAKE City of Palm Beach Gardens, FL Prepared for: McDonald's USA, LLC Tampa, Florida .......-J-H Kimley·Hom -.......J-U and Associates, Inc. 147208022 June 2012 Revised July 30, 2012 Revised September 5, 2012 CA 00000696 Kimley-Hom and Associates, Inc. 1920 Wekiva Way, Suite 200 West Palm Beach, Florida 33411 561/845-0665 TEL 561/863-8175 FAX TABLE OF CONTENTS EXECUTIVE SUMMARY .......................................................................................... 2 INTRODUCTION ..................................................................................................... 3 DATA COLLECTION ............................................................................................... 5 PARKING DEMAND ANALYSIS .............................................................................. 7 PARKING REDUCTION JUSTIFICATION ................................................................. 8 CONCLUSION ........................................................................................................ 9 APPENDIX A: PROPOSED SITE PLAN APPENDIX 8: PARKING OBSERVATION DATA APPENDIX C: PEAK SEASON ADJUSTMENT LIST OF TABLES Table 1 Observed Parking Demand and Recommended Parking Supply ........ 7 LIST OF FIGURES Figure 1 Site Location ........................................................................................ 4 Figure 2 Study Area ........................................................................................... 6 k :\wpb_tpto\1472\147208022 mcdonalds northlake\073012 parking reduction.docx ' EXECUTIVE SUMMARY It is proposed to redevelop the site of the existing McDonald's site located at 3805 Northlake Boulevard in Palm Beach Gardens, Florida. As indicated in the site plan, the proposed site will provide 41 parking spaces. Currently, 57 spaces serve the site. According to Palm Beach Gardens Code, one parking space is required for each 150 square feet of gross floor area plus one space per 250 square feet for employees, resulting in a requirement of 52 parking spaces for the proposed 4,836 square-foot McDonald's. The proposed site will therefore provide 11 fewer s ites than the requirement per th~ parking code. Therefore, this parking study was performed to determine the actual parking demand. The analyses presented within this study demonstrate that, based on the observations conducted and a five percent buffer to provide adequate turnover of space occupancy, 41 parking spaces will provide adequate parking supply for the patrons of the proposed McDonald's. Therefore, the proposed 41 parking spaces will satisfy the parking demand for this McDonald's site. k :\wpb_tp t o\1472\147208022 mcdonalds northlake\073012 parking reduction.docx I Page 2 -~ ~------------------------------------------------------------------- INTRODUCTION It is proposed to redevelop the site of the existing McDonald's site located at 3805 Northlake Boulevard in Palm Beach Gardens, Florida. The location of the project site is illustrated in Figure 1 . It is proposed to redevelop the project site with a new McDonald's restaurant. The proposed site plan, detailing the proposed modification , is provided in Appendix A . As indicated in the site plan , the proposed site will provide 41 parking spaces. Currently, 57 spaces serve the site. According to the Palm Beach Gardens Code, one parking space is required for each 150 square feet of gross floor area plus one space per 250 square feet for employees. Application of the Code results in a requirement of 52 parking spaces for the proposed 4,836 square-foot McDonald's. The proposed site will therefore provide 11 fewer parking spaces than the requirement per the parking code . Since the proposed parking supply is less than the parking requirement required by code , Kimley-Horn and Associates, Inc. was retained to conduct a parking demand analysis for the subject site. As part of this study, the existing project site was visited to observe the demand of the existing parking during peak business periods. This document presents data collected and the findings of the alternative parking study. k :\wpb_tpto\1472\1 47208022 mcdonalds northlake\073012 parking reduction .docx I Page 3 k:\wpb_tpto\1472\147208022 mcdonalds northlake\073012 parking reduction.docx I Page 4 ' DATA COLLECTION Parking occupancy observations were performed at the 3805 Northlake Boulevard McDonald's site at 15-minute intervals in order to capture the parking demand . The observations were conducted on at the following times: • Tuesday, June 12, 2012 from 4:00PM to 6:00PM • Thursday, June 21, 2012 from 11 :OOAM to 1:OOPM • Friday, June 22, 2012 from 11 :OOAM to 1:OOPM • Thursday, July 26, 2012 from 8:00 AM to 9:00 AM • Thursday, July 26, 2012 from 12:00PM to 1:OOPM • Thursday, July 26, 2012 from 5:00PM to 6:00PM • Saturday, July 28, 2012 from 8:00 AM to 9:00 AM • Saturday, July 28, 2012 from 12:00 PM to 1 :00 PM • Saturday, July 28, 2012 from 5:00 PM to 6:00 PM Data provided by the operator indicates that the peak weekday for sales is Thursday, and the peak weekend day for sales is Saturday. The breakfast peak hour was 8 :00AM to 9:00AM most weekdays. The lunch peak for each day was 12:00 PM to 1 :00 PM. The dinner peak was 5:00 PM to 6:00 PM on most days. Therefore, observations were made during these time periods. To provide a conservative analysis accounting for season roadway volume variation, a peak season adjustment of 1 .09 was made to the data. This adjustment was based on monthly transaction totals, as provided by the operator. A summary of the 1 5-minute parking demand observations is included in Appendix B. The monthly transaction totals are included in Appendix C. A summary of the total transactions and drive-through transactions, as provided by the operator, is also included in Appendix C. The study area is illustrated in Figure 2 . k :\wpb_t pto\1472\147208022 mcdonalds northlake\073012 parking reduction .docx I Page 5 k:\wpb_tpto\1472\147208022 mcdonalds northlake\073012 parking reduction.docx I Page 6 PARKING DEMAND ANALYSIS The observed peak parking demand for the project site is summarized in Table 1 . As indicated in Table 1, the observed peak parking demand occurred on a Thursday at the lunchtime peak. The observed peak parking demand for the site was 36 spaces. To provide for efficient parking operations and vehicular turnover within the parking area on site , it is desirable to provide a buffer between the supply of parking on a site and the parking demand . Therefore, the observed peak demand rate was adjusted upward by five percent (5%) to determine an appropriate parking supply rate. This adjustment results in the determination that the project site should provide 41 parking spaces to adequately serve its patrons. As indicated in the proposed site plan, it is proposed to provide 41 parking spaces. Table 1 Observed Parking Demand and Recommended Parking Supply Observation Period Observed Peak Peak Season 5% Turnover Buffer Recommended Parking Demand Adjustment (1.09) Parking Supply Thursday 6/21/2012 36 39 2 41 12:35PM k :\wpb_tpto\1472\147208022 mcdonalds northlake\073012 parking reduction .docx I Page 7 PARKING REDUCTION JUSTIFICATION A parking reduction is being requested for the McDonald's restaurant located at 3805 Northlake Boulevard in Palm Beach Gardens, Florida. The basis for the parking reduction request that pertains to this application is listed below. • The existing project site includes 57 parking spaces. The proposed site is expected to decrease the parking spaces by 1 8 percent; however based on observations that were collected on multiple weekdays and a weekend day, during peak hours of sales, the peak parking requirement on site was 36 parking spaces. Adjusting the data to peak season conditions and including a 5% buffer for traffic circulation, the parking demand is 41 spaces. Therefore, the proposed parking supply is expected to accommodate the parking demand. • The drive-thru circulation is being improved, making it more likely that patrons will be able to utilize the drive-thru lane rather than parking. Currently, if the drive-thru stacking lane is completely occupied, patrons have the choice of parking, or exiting the site. With the proposed site plan, patrons not able to enter the drive-thru lane may circulate internally and re- enter the lane, making it more likely for patrons to utilize the drive-thru lane rather than parking. Similarly, patrons will be able to circulate internally within the site to find available parking, rather than having to exit the site. k:\wpb_tpto\ 14 72\147208022 mcdonalds northlake\073012 parking reduction.docx I Page 8 CONCLUSION The existing McDonald's restaurant site located at 3805 Northlake Boulevard in Palm Beach Gardens, Florida is proposed to be redeveloped with a new McDonald's. The proposed site will provide 41 parking spaces on site. The Code for Palm Beach Gardens requires 52 parking spaces for this site . This request, therefore, is for an 18 percent reduction in parking compared to the existing Code. The analyses presented within this study demonstrate that, based on the observations conducted and a five percent buffer to provide adequate turnover of space occupancy, 41 parking spaces will provide adequate parking supply for the patrons of the proposed McDonald's. Therefore, the proposed 41 parking spaces will satisfy the parking demand for this McDonald's site. k:\wpb _t pto\ 1472\147208022 mcdonalds northlake\073012 parking reduction .docx I Page 9 APPENDIX A: PROPOSED SITE PLAN k :\wpb_tpto\147 2\147208022 mcdonalds northlake\073012 parking reduction.dOCX ~ 0 >CitV'IOU'IYc:or«::lllt""'Vl>IOff ~ 11...-0UTYCI::IOICMn-..tr --(XTGTAalWMNIOC -.o\CI l!ll!lll \ I \ HYUNDAI AUTO DEALER (t«]TLOCA'TE)) ~IIEHTMARIONGANDtl'RIPI«l,EXCl.I..OI'IOP~ tTAU..Ifi'W'I«)stW.LBE .. TAI...LI:Owml~TIC W.TIAIAI,.IFORCOfoi'OitMAHCE'M'n411ECTJQN7&.SoUOFTl£ """'""""- l OTA--- IIICTDIII .. fiiiilliii'• .. IWi&•t _ _,_,__VII I'IUI--~.I\OII!Dto- r r-. .... ,_ .. """' .... , __ _ __ ._,__ ___ llO~ • IT"SntELAWI DIAL.811 - z ~ a.. w 1- (ij APPENDIX B: PARKING OBSERVATION DATA k:\wpb_tpto\1472\147208022 mcdonalds northlake\073012 parking reduction.dOCX • Tuesday, June 12, 2012 Thursday, June 21, 2012 Friday, June 22, 2012 Thursday, July 26, 2012 Saturday, July 28, 20U PM PEAK HOUR LUNCH PEAK HOUR LUNCH PEAK HOUR BREAKFAST PEAK HOUR BREAKFAST PEAK HOUR Time Parked Vehicles Tlme Parked Vehicles Tlme Parked Vehicles Time Parked Vehicles Time Parked Veh icles 4 :00PM 22 ll:OOAM 25 12 :00 PM 29 8 :00AM 27 8:00AM 19 4 :05PM 22 11 :05 AM 30 12 :05 PM 30 8 :05AM 29 8:05AM 17 4 :10PM 20 11 :10AM 30 12 :10 PM 31 8:10AM 29 8:10AM 17 4 :15PM 18 11 :15AM 27 12 :15 PM 30 8:15AM 28 8:15AM 16 4 :20PM 19 11 :20AM 31 12 :20 PM 33 8:20AM 26 8:20AM 17 4:25PM 21 11:25AM 33 12:25 PM 35 8:25AM 25 8:25AM 18 4:30PM 22 11 :30AM 32 12 :30 PM 33 8:30AM 25 8:30AM 19 4:35PM 23 11 :35AM 32 12 :35 PM 30 8:35AM 26 8:35AM 19 4:40PM 24 11 :40AM 31 12 :40 PM 30 8:40AM 27 8:40AM 21 4 :45PM 20 11 :45AM 33 12:45 PM 24 8:45AM 30 8:45AM 20 4 :50PM 24 11 :50AM 34 12:50 PM 26 8:50AM 29 8:50AM 19 4 :55PM 26 11 :55AM 33 12:55 PM 25 8 :55AM 25 8:55AM 21 5:00PM 29 12 :00 PM 28 1:00PM 25 9 :00AM 23 9:00AM 22 5 :05PM 23 12 :05 PM 28 Maximum 35 Max imum 30 Maximum 22 5:10PM 21 12 :10 PM 29 5:15PM 18 12 :15 PM 30 Thursday, July 26, 2012 Saturday, July 28, 20U 5:20PM 18 12:20 PM 31 LUNCH PEAK HOUR LUNCH PEAK HOUR 5 :25PM 17 12:25 PM 35 Time Parked Vehicles Time Parked Vehicles 5 :30PM 17 12 :30 PM 28 12:00 PM 29 12 :00 PM 26 5:35PM 16 12 :35 PM 28 12 :05 PM 33 12:05 PM 25 5:40PM 14 12 :40 PM 27 12:10 PM 34 12:10 PM 26 5:45PM 15 12 :45 PM 27 12 :15 PM 34 12:15 PM 27 5:50PM 15 12 :50 PM 29 12 :20 PM 28 12 :20 PM 25 5:55PM 14 12 :55 PM 32 12 :25 PM 30 12:25 PM 27 6:00PM 15 1:00PM 31 12 :30 PM 30 12 :30 PM 30 Maximum 29 Max imum 35 12:35 PM 36 12 :35 PM 31 12 :40 PM 32 12 :40 PM 33 12 :45 PM 32 12 :45 PM 32 12 :50 PM 36 12:50 PM 33 12 :55 PM 36 12 :55 PM 30 1:00PM 33 1:00PM 32 Maximum 36 Maximum 33 Thursday, July 26, 2012 Saturday, July 28, 2012 DINNER PEAK HOUR DINNER PEAK HOUR Time Parked Vehicles Time Parked Vehicles 5:00PM 23 5:00PM 26 5:05PM 22 5:05PM 26 5:10PM 17 5:10PM 24 5 :15PM 17 5:15PM 25 5 :20PM 16 5:20PM 24 5:25PM 15 5:25PM 23 5:30PM 13 5:30PM 25 5:35PM 18 5:35PM 27 5:40PM 17 5:40PM 25 5:45PM 16 5:45PM 24 5:50PM 14 5:50PM 24 5:55PM 13 5:55PM 24 6:00PM 12 6:00PM 23 Maximum 23 Maximum 27 APPENDIX C: PEAK SEASON ADJUSTMENT k :\wpb _ tpto\ 1 4 72\14 7208022 mcdonalds northlake\073012 parking reduction. dOC X Month Total #Transactions July 2011 44343 August 2011 47510 September 2011 43371 October 2011 45934 November 2011 45758 December 2011 48306 January 2012 44525 February 2012 44270 March 2012 47045 April2012 45094 May 2012 46375 June 2012 44650 Peak 48306 July Transactions 44343 July-to-Peak Ratio 1.09 4 Total Drive-Thru Dining Room Sun July 22, 2012 Transactions Transactions Transactions NS05892 NORTHLAKE 1278 842 436 Overnight (12-4am) 90 90 Breakfast (4 -11am) 409 270 139 Breakfast Peak (9 -10 am) 105 63 42 Lunch (11am -2pm) 256 157 99 Lunch Peak (12 -1 pm) 92 54 38 Snack (2 -5pm) 228 126 102 Dinner (5-8pm) 168 115 53 Dinner Peak (5 -6 pm) 65 45 20 Late NiRht (8pm-12aml 184 141 43 sat July 21, 2012 NS05892 NORTHLAKE 1609 1100 509 Overnight (12 -4am) 56 56 Breakfast (4 -11 am) 501 312 189 Breakfast Peak (9 -10 am) 134 82 52 Lunch (11am -2pm) 355 215 140 Lunch Peak (12 -1 pm) 132 81 51 Snack (2 -5pm) 277 186 91 Dinner (5-8pm) 192 136 56 Dinner Peak (5 -6 pm) 66 48 18 Late Night (8pm -12am) 193 160 33 Fr1 July 20, 2012 NS05892 NORTHLAKE 1665 1061 604 Overnight (12 -4am) 41 41 Breakfast (4 -11 am) 508 316 192 Breakfast Peak (8 -9 am) 140 78 62 Lunch (11 am -2pm) 359 206 153 Lunch Peak (12 -1 pm) 134 69 65 Snack (2 -5pm) 305 183 122 Dinner (5-8pm) 234 146 88 Dinner Peak (5 -6 pm) 97 64 33 Late Night (8pm -12am) 203 154 49 Thu July 19, 2012 NS05892 NORTHLAKE 1671 1078 593 Overnight (12 -4am) 44 44 Breakfast (4 -11 am) 528 347 181 Breakfast Peak (8 -9 am) 132 87 45 Lunch (11am -2pm) 391 228 163 Lunch Peak (12 -1 pm) 146 81 65 Snack (2 -5pm) 307 189 118 Dinner (5 -8pm) 200 124 76 Dinner Peak (6 -7 pm) 74 44 30 Late NiRht (8pm -12aml 204 149 55 Tue July 17, 2012 NS05892 NORTHLAKE 1506 1041 465 Overnight (12 -4am) 39 39 Breakfast (4 -11am) 537 353 184 Breakfast Peak (9 -1 0 am) 134 83 51 Lunch (11am -2pm) 353 214 139 Lunch Peak (12 -1 pm) 146 75 71 Snack (2 -5pm) 203 148 55 Dinner (5-8pm) 205 142 63 Dinner Peak (5 -6 pm) 76 52 24 Late NiRht (8pm -12am) 161 137 24 1'-4" --1--+-------18'-2"---------f--J'-1----8'----t- 7'-7 3/16" 7'-3 15/16" OPTION 2 REV 2 SIGN BELOW IF DRAWINGS ARE APPROVED W/ MARKED CHANGES PLEASE VERIFY ALL DIMENSIONS PRIOR TO RELEASING DRAWINGS APPROVED: DATE: ------ (SIGNATURE ABOVE ILLUSTRATES ACCEPTANCE OF DIMENSIONS SHOWN.) [i]~[Jg,._, 7/8" 6'-4 3/8" 5'-10 1/8" 4'-2" 1------------------------51'-4 9/16"------------------------1 WAI&\U 11lJ! Remove-pJanters, revl$-elayou.t 1 or 1 ---~~---------------- WAUSAU ITEM# SEATING 2228 2307 7205 iT ABLES Contact: Michele Wonyetye Phone: (561) 863-3456 Fax/Email: michele.wonyetye@us.mcd.com Contact: Tim Chess Phone: (772) 486-4190 Fax/Email: tim.chess@us.mcd.com QTY DESCRIPTION tf" 1 lorna Dining Bench ,., 15 lorna Dining Chair ~ 16 Anchor Kits for Chairs 1034 ~ 1 Lorna Dining Table -ADA t IN GROUND MOUNT 1042 ~ 3 lorna Dining Table IN GROUND MOUNT Date: 6/21/2012 Ship To: McDonald's #5892 3805 Northlake Blvd. Palm Beach Gardens, Fl33406 Bill to: To be determined OPTION 2 -Revised 1 MATERIAL COLORlFINISH DIMENSIONS WGHT TOTAL AMOUNT OF SEATS (INC. ADA) -19 Aluminum Frame: To be determined 57"l X 19"W X 18"H 60 Inserts: To be determined Aluminum Frame: To be determined 24"W X 21"D X 33"H 30 Inserts: To be determined N/A N/A Includes 4/set 0 Aluminum Frame: To be determined 57"l X 36"W X 29"H 165 Inserts: To be determined (Installed Height) Aluminum Frame: To be determined 36"Sq x 29"H 120 Inserts: To be determined (Installed Height) Page 1 of 3 MADE IN WAUSAU• Wausau Tile UNIT PRICE EXTENSION $325.00 $325.00 $185.00 $2,775.00 $20.00 $320.00 $625.00 $625.00 $470.00 $1,410.00 "": 1 lorna Dining Table-ADA INGROUND MOUNT WASTE CONTAINERS I SNUFFERS 3401 1 Daniel Waste Container Aluminum Frame: To be determined Inserts: To be determined Aluminum: To be determined PLACEMENT TF9001 1 Driver to assist in the placement of lounge chairs and placement of remaining pallets Customer/GC/Contractor responsible for unloading product off pallets Page 2 of 3 36"Sq x 29"H (Installed Height) 21"Dia x 44"H MADE IN WAUSA U• Wausau Tile 120 $470.00 $470.00 140 $650.00 $650.00 0 $0.00 $0.00 ---~-- CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 www.pbgfl.com EXISTING SITE CONDITIONS & WAIVERS McDonald's -Northlake Boulevard Dated: October 1, 2012 EXISTING SITE CONDITIONS There are existing nonconformities that are located on the subject site. The following is a summary of the nonconformities on the site that will not be impacted as part of the proposed request. CODE SECTION . DESCRIPTION Exisf!!lg ~ite CondJ!ions __ _ _ _._ __ 1 78-344 Table 32 West side parking area does not conform to current code for 70 and 60 degree parking The 60 degree parking on the southwest 2 78-344 portion of the project faces against the traffic flow. 3 78-315.b West parking does not have tree islands every 9 spaces 4 78-153, table 12 Front setback North -Landscape buffer width 5 78-319(a) South -Landscape buffer width East -Landscape buffer width West-Landscape buffer width 6 78-285, table 24, Landscape area width around monument sign note2 on north side (rear) 7 78-292 Existing Flagpole height is 30' and code maximum for pole-mounted banner is 25 feet. WAIVERS ,<· 19' for General Use Following traffic flow 1 island/9 spaces 50' 8' 20' 15' 8' 3' 25' .,-;· 18' n/a 13 spaces 48.85' 6.48' 6.77' 7.02' 6.84' 0' 30' As part of the request, the Applicant is respectfully requesting waivers from the sign and parking requirements of the City's Land Development Regulations (LOR's). As discussed, the Applicant is requesting to rezone the subject site to the PUD Overlay District. As such, Section 78-158 of the City's LOR's establishes criteria for waivers. According to the Section, waivers are "to encourage applicants for planned development, PUD, and, PCD, approval to propose residential and nonresidential projects that are innovative, creative, and utilize planning, design, and architectural concepts that will be of benefittothecity",_ _______ -·------___________________ _ 1 I P a g _e The three (3) requested waivers are outlined below: Waiver Waiver LOR Section Required Proposed Waiver Re_guested #of Menu Sec. 78-285, Maximum of one (1} One (1} additional 1 Boards Table 24-menu board per Two (2} menu boards menu board* Menu Board restaurant 2 Required Sec. 78-345, 52 parking spaces 41 Parking Spaces Reduction in eleven Parking Table 33 (11} parking spaces One 39.5 SF Sec. 78-285, Wordmark** sign on 3 Wall Signs Table 24-Wall Maximum of one (1} Three (3} Wall Signs the south and one per restaurant 10.25 SF Wall Logo Signs ***sign on the east elevation.** *Identified as sign "F" on the signage and site plan exhibits. **Identified as sign "L" on the signage exhibits ***Identified as signs "J" on the signage exhibits. 2(Page FOUND 4"X4" CONCRETE ··' MONUMENT PRM LB3870 (!1120/11) ELEVATION +13.84 VACANT (NO BUILDINGS) I I l w >s:--< SAFE SIGHT a: == (TYP)~ t'; w ~ (/)'if -o II ~~ ::>- (/) SE!r NAIL & DISK Ls:J653 (9'20/11) I ' ··FOUND DRILL HOLE NO 1.0. (9120111) HYUNDAI AUTO DEALER (NOT LOCATED) SITE DATA LOCATION: ADDRESS: PARCEL CONTROL NO: EXISTING ZONING: PROPOSED ZONING: LAND USE: SITE AREA: BUILDING HEIGKT: McOONALOS RESTAURANT SEATING CAPPCITY: LOT COVERAGE: BUILDING AREA: IMPERVIOUS AREA; PERVIOUS AREA: BU!LQ!NG SETMCKS: FRONT REAR SIDE STREET . .,. PARKING SUMMARY STANDARD ACCESSIBLE PER ADA TOTAL PARIONG PARKING RATIO LOADING ZONE VERTICALMTI.IM SECT10N 18, TOWNSHIP42S.RANGEC3E 3e05 NORTHlAKE BLVD PALM BEACH GARDENS. FLOR!CA33403 52·43-42-le-oo-oD0-7222 CG1-GE.NERALCOMMERCW. PUDICG-1 & C.COMMERCW. 44,000 SF 1,01.te MAXIMUM ~ -,.--19'-11" 90 ~ ~ 4,526 SF 4,536SF 30,707SF 29,449SF 8,787BF 10,015SF ~ ~ .. ...... 15 61.29 "' 74.41' ,. 79.44 M9l!l!!&2. ~ "' ,. 2 2 52 41 1 SP I 150 SF PLUS 1 SP/250SFFOR EMPLOYEE PARKING; SF INCLUDES 300 SF PAllO AREA 1 (12'X35') 1(12'X35') & !!!& PROVIDED .... , ... """ 23" ELEVATIONS SHOWN HEREON ARE RELATIVE TO THE NATIONAL GEODEll::VERTlCAL DATUMOF1929, Bot.SED ON PALM BEACH COUNTY BENCH MARK NO. 8-129J, ELEVATION +13.21!8L.OCATEDONSEPTEMBER20,2011 AT 75 FEET MORE OR LESS NORTH OF THE CENTERLINE OF LAKE PAAKVESTROIDMID 110FEETMOREOR LESS WEST OF THE CENTER~EOFSLVER. .EbQQl!..l.!2!! lANDS SHOWN HEREON ARE LOCATED WITHIN AN AREA HAVING AlONE OESIGNATDN BB't THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), ON FLOOD INSURANCE RATE MAP NO. 120221004 B. FOR COMMUNITY NO, 120221, DATED JANUARY 3, 1979, AND INDEX MAP REVJSB>, OCTOBER 2. 1997,_AND IS RELATIVE TO THE NATIONAL GEODETIC VERTICAL DATUM OF 1929. • DRIVE-THRU DETAIL SCALE: 1'•'211 25' ijf!FEFtENCE CORNER ELEsON .12r ...... ------~~~~~-,:..-~....,....~~~~~~~------~~~~~~~------~~~-----~~ sET NAii:&iliSii-,---------·---· ·-· ···························· ¥··············································--·---··-· ·············-···············-················· ··-·-r--··-····--,-····· ····-······ ···················· .......... L 11······ ··········· -·········· ~~~CORNER I ELEVATION +12.62 SIGN LEGEND A. CLEARANCE SIGN 8. REMOVED C. PROPOSED PRIMARY CANOPY AND C.O.D. D. PROPOSED SECONDARY CANOPY' AND C.O.D. E. PROPOSED PRIMARY MENU EIOMD F. PROPOSED SECONDARY MENU BOMD G. PROPOSED DIRECTIONAL SIGN H. PROPOSED DIRECTIONALSIGN L PROPOSED DIRECTIONAL SIGN SITE LEGEND J, EXISTING MONIMENT SIGN K. PROPOSED DIRECTlOfW.ARROW, TYP. L PROPOSED McDONALD'S GOlD STANDMD'TRAFFJC ARROW STRIPING (PMS 123YEI..LOW), TYP. M. PROPOSED fir PMS 123 YELlOW STRIPE N. PROPOSED PAVEMENT MARKJNQ(FMS 123YEIJ.OW} 0. PROPOSED DOUBlE HEADED AARON P. REMOVED Q, PROPOSED MERGE POINT (I' PM812SYEL.LCIW' STRIPE) R. EXISTING EOI..lNlD S. E.JUSTING FLJG POLE T. PROPOSED TRASH CORRAL U. ADA PARJ<Nl V. ADACURBRAMPWJTH DETECTAI!LEFROFOSED WARNING W. PROPOSED TYPE V CURB X. PROPOSED TYPE •p CURBAHDGUTTER PAVING LEGEND E:!:} HEAVY DUTY CONCRETE PA\fa:1EHT rn STANDIIRO DUTY CONCRETE PAVEMENT m ADA DETECTABLE WARNING SURFPCE ~ PAVERSICE'NAI.K SIGN LEGEND ACCESSIBLE PAAI<JNG (FTP-20-C$ ' u:t::l PENAllY & ~ 30"6TOP61GN 0 (R1·1) I ('I ·~HTTURN~YSDN ONLY (R:>OR) le OONOTENTER80lH & -·-( ... ~ NOlE: \ I GRAPHIC SCALE IN FEET 0 10 20 40 ALL PAVEMENT MARKING AHD STRIPI'IG, EXClU>IiG PARI<JIIG STALL STRIJ'fiG SHALL BE INSTALLED WITH THERMOPlASJlC W.TERIALS FOR CONFllRMN'ICE WITH SECTION-OF THE CI'TY'Sl.DR'S. 1.5' , r L .. s·--l~s·J I SPACE REQUIRfMEHTS AMI ct£ARANCES CALL 48 HOURS BEFORE YOU DIG IT'S THE LAW! DIAL 811 c.) .5 :;: ~-<..i ~g c:::cu ~ li~ ~ ~-~ ~ 5~§ ~ ~~ 0 g ID~ 0 it'< ~ 0 ..... < e-o ~ ~~ u 25i :l'g"-21 z N8 ~ ~ 5 w. ~ :I: t:: I o ~ ~ ~ T ~..,:I (:j I ~.~~ ~ ~ 1/)w ~ ~ ~~ ~ 0 ~if ~ w oi a.: ill 5 "' '" ~ ~ * "' ~,.., :z ~~ if <( 0 > ::J~ l;l ....; ~ :::J >-"' ~~ a co a:: a a."' ....... """ ::.c- z 0 > ....I co w ~ <( ....I I I- 0:: 0 z ::s a_ w l- en M a:: 0 co LL M 0 w 0 a:: <( I 0> a.. w 0 a:: a.. (.) .....J .....J <( (/) ::> (/) b .....J <( z 0 0 (.) :2 SHEET NUMBER C-100 <( 0 ;y: 0 -' LL (/) z w 0 a:: <( t:> I (.) <( w ID :::0 -' <( "- I l-------12' STRIP IN G (HAIRPIN) PARKING STALL N.T.S v - 6 WH ITE_/ /' 2• WHITE 0 3' O.C. CROSSW ALK N.T.S TRUNCATED DOME -~1. _l PLAN VIEW DOMES WITH A OTES GS SHALL CONSIST OF R~~ ;u~~ 0.2 IN (SMt.l) AND ~ DETECTABlE w:,:::AI. 0 9 IN. (23 -~~~ 2.35 II (~ ~~ CURB RAMP ~~~_%,_can~ ~~~ 1HE ~~'i:,ER 1HE FU~ ::n::E ~RB DETECTABLE WARNIN SIDES) AND SHALL RED FROW lHE BA 2. (EXClUS:;'" .'!.~ •. DEEP MINIMUM MEASU WARNINGS. ACES. iJ.:E ;:.• RAJAP SURF~ NOT TO HAVE ow.z~ W11H ADJOIN:g ~-:;RO~DE J. TRANS~:. ':;~GS SHALL0~~:'UOHT 1H~=~,\',.ACE. 4. ~T UGHT-oN-~~ ::TREGAL PART OF THE CONTRAST SHALL DETECTABLE WARNING N.T.s DETECTABlE WARNNG (SEE DETAIL lHIS SHEET) ACCESSIBLE RAMPS N.T.s 1 J 0 4" WHITE ® 4" BLUE f"Z\4"WHITEOW ~ (EQUALLy SPACED) BUILDING WAll. OR 6"x6" CURS soo STALL STRIPING N.T.S flNE PER LOCAL CODE ~-~~w':I. UOUNTED SIGN 2.~~AILS TYPICAl.ATEAQ-1 lH~ PARKIW SPACE ACCESSIBLE PARKING SIGN N.T.S .1 70o STALL STRIPING N.T.S rJ.~~ D~~g~~ 3" DIA.~t~~~ (ST~;:~~~~ 3"01A.~~ (STANDARD PIPE) 3~~~ESJ: SIGN BASE WITHIN LANDSCAPED AREA )I·~~ AOol\...l L-d ... 1YPE ••• \&,:~~·· SIDEWALK JOINTS JOINT MATERIAL STANDARD CROSS SECTION SIGN BASE WITHIN PAVED AREA 3'" MIN. J-OF SIDEWALK JOINTS _J TABLE -= LOCATION ~ 100' MAX. 5P~':c':~-~T. 'A" ~~R~~ NEW SIDEWALKS. r-:;. :1'-0" CENTER TO CENlER t-WHERE ~~o~'1YS J LC' I C~R~~ILAR STRUC"TURES. HOT[: AUC S1REET CROSSINGS=~ ~ ALL SIDEW Of lHE AMERICAN FROM RAWS REQU~CE GUIDE. TRANSI~~ BE FLUSH (ADA)••~s. GUTTERS. OR ~ . ~WfREE OF ABRUPT a-IAN CONCRETE SIDEWALK N.T.S ~ II ~ (/) .....J ~ w 0 w I- (/) VACANT (NO BUILDINGS) IOO'ROW NOR THLAKE BOU LE VARD (PUBLIC RIGHT OF WAY) -==> --------------- r:m .._-.EELOW. • CALL-.,.. ... c.IBIIIo..__,. -- ____________ J ____ --------------- 1 PROPOSED MCDONALDS LANDSCAPE SCH EDULE DROUGHT TOTAL POINTS I IQL~I!AI!II !!lAD~~ QI'( C01:2~ BOIAI!II!;AL I!IAI:I~ !;;QI:II:IQI!II!IAI:I~ ~~~~ Is B~I:IAB~S; (~BeLAI!ID es~E I 4 cs Cordia sebestena Onnge Geiger Tree B&B, 12' Ht. X S' Spr .. 2.5" Cal 60 (IS) 3 Lj Ugustrum japonicum Tree Ligustrum B&B, 12' Ht. x 5' Spr., 2.5" Cal 45 (IS) 5 QV Quercus virginiana Live Oak B&B. 12' Ht. x 6' Spr., 2.5" Cal 75 (IS) SP Sabal p;llmetto Sabal Palm 8' CT, Booted 9.9 (3.3) VM Veitchia montgomeryana Montgomery Palm I 0' CT, 4" dbh min. 5.3 (5.3) UBS 32 CHR Chrysobalanus lcaco 'Red Tip' Red Tip Coco~um #3, 24" x 24", 24" OC., Full ~!!! 25 CHR* Chrysobalanus icaco 'Red Tip' Red Tip Cocoplum #7, 36" x 24", 30" OC., Full 8 CRI Crinum augustum Queen Emma Crinum #7, 3' OA Ht., Specimen ISS ILV llex vomitoria 'Shellings Dwarf Dwarf Yaupon #3, 24" x 18", 24" OC., Full ISS lll 10 JM Jasminum multiflorum Downy Jasmine #3, 20" x 20", 24" OC., Full 10 I GROU N DCOVESS ISS (475 SF) DIA Dianella tasmania Flax Lily #3, 18" x 18", 18" OC., Full 95 (2/10 SF) 205 (627 SF) LIR liriope muscari 'Super Blue' Super Blue Llrlope #I, 16" x 16", 18" OC .. Full 125.4 (2/10 SF) . 180 (758 SF) TRF Tripsacum floridanum Florida Gamagrass #3, 20" x 20", 24" OC., Full 151.6(2/IOSF) 594 SF SOD Stenotaphrum secundatum 'Fioratam' St. Augustine Solid Sod NATIVe, 51" I POINTS' 7'172 PREF' IOOX I EXISTING LANDS CAPE SCH EDULE TOTAL POINTS !PER PLAN T! PREF I!IAIIYE QI'( C01:2~ IIQIAI!I I!;AL I!IAI:I~ !:;QI:II:IOI!II!IAI:I~ SIZEA I!.~I:IAB~S; I QV,p Quercus virginia Live Oak Existing 20' Tree To Remain 20 (20) I EU.p Eucalyptus spp. Eucalyptus spp. Existing To Remain 5 (S) 3 CD,p Coccoloba diversifol~ Pigeon Pfum Existing To Remain 45 (IS) 2 CD*,p Coccoloba dlversifolia Pigeon Plum Existing 18' Tree To Remain 42(21) 2 SM.p Swieten~ mahogani ~o:acluca Existing To Remain IO (S) 3 SS.p Senna Surattensis e,Qsting To Remain IS (S) ~ 2 PE,p Ptychospenna. elegans SolitareiAI~D<i.nder Palm Existing To Remain, Quadruples 6.6 (3.3) 12 SP,p Sabal p;llmetto Sabal Palm Existing 12' C.T. Palm To Remain 87.6 (7.3) I SP,r Sabal palmetto SabaiPalm Relocate 12' C.T. Palm On-Site 7.3 (7.3) 2 SR.p Syagrus romanzoffiana Queen Palm Existing To Remain 2 (I) 3 WB,p Wodyetia bifurcata Foxtail Pa lm Existing To Remain 9.9 (3.3) cc TS FB,p ~icus benfamlna Weepingi=ig £xlsting To ~emaln 6 (I) HRS.p Hibiscus rosa-sinensis Red Hibiscus Existing To Remain 1 (1) JN,p Juniperus spp. Juniperus Existing To Remain 7(1) us 23 (52 SF) BD,p Breynia disticha Hawaiian Snowbush Existing To Remain 23 (I) . 245 (545 SF) CHR.p Chrysobalanus icaco 'Red Tip' Red Tip Cocoplum Existing To Remain 24Slll 23 (52 SF) COD.p Codiaeum variegatum 'Mammey' Mammey Croton Existing To Remain 23 I 69 p ss SFj DUR.p Durant:a erecta 'Gold Mound' Gold Mound Dunnt:a Existing To Remain 69 (I) 60 135 SF HIB,p Hibiscus spp. Hibiscus Existing To Remain 60 (I) 24 (55 SF) JS.p Jasminum simplicifolium Wax Jasmine Existing To Remain 24(1) 5 (IOSF) JM,p Jasminum multiflorum Downy Jasmine Existing To Remain 5 (I) 123 (275 SF) Lj.p ligustrum japonicum Ligustrum Existing To Remain 123 (I) 14 (30 SF) SCH.p Schefflera arboricola 'Trinette' DwarfSchefflen Existing To Remain 14(1) 5 (S SF) ILN.p Hex vomitoria 'Nana' Dwarf Yaupon Holly Existing To Remain 5 (I) 108 (240 SF) VIB.p Viburnum suspensum Sandankwa Viburnum Existing To Remain 108(1) 3,398 SF SOD Stenotaphrum secundatum 'Fioratam' St. Augustine Solid Sod I POINTh 963.4 PREF' 75" I ~OTAL OPEN SPACE: 10,015 (22.3" OF sm) @ 16 POINTS I 100 SF = 1,602.4 POINTS REQUIRED TOTAL PROVIDED POINTS' 1,760.6 I PROPOSED R.O.W. BEAUTIFICATION LANDSCAPE SCH EDULE DROUGHT TOLERANT I!IMJ~E QTI !;;QPE BCITANIQU. NAI:IE !;;QI:IMON NAI:IE SIZE & BEI':JMK em IC Hex cassine DahoonHoly B&B, 12' Ht. x 5' Spr., 2.5" Cal Lj ligustrum japonicum Tree Ugustrum B&B, 12' Ht. x S' Spr., 2.5" Cal. ACCENTS 21 COD Cod;aeum varieptum 'Bravo' Croton #7, 24" O.C., Full u 215 MUH Muhlenbergia capiUaris MuhlyGnss #3, 24" X 24", 24" OC., Full 25 RAP Rhaphiolepis indica Indian Hawthorne #3, 24" x 24", 24" OC., Full GROUNDCO~EI\S 60 (60 SF) ELIP Euphorbia Bojeri 'Nana' Dwarf Crown of Thorns #I, B"x 6", 12" OC.. Full liS (256 SF) LIR Llrlope muscari 'Super Blue' Super Blue Llriope #I, 16" x 16", 18" OC., FuR 20 (44 SF) TRA Trachelospermum asiaticum 'Minima' Confederate Jasmine #I, 12" x 12", 18" OC., Ful r--- LOCATION MAP NTS 1.87ISF SOD Stenotaphrum secundatum 'Aontam' St. Augustine Solid Sod " NA~ 51" " Q Q ~ 3 ~ 2 z ~ 8 ... ~ -~ ~ NORTHLAKE "' BLVD ~SITE 1i 3 ~ i ~ ~ Q ~ II) "'C (d c 0 Cl u I: M 00 M 0 I C1' 0 ., "'C ~ ~ ..!S! 0 ..cO ~I: Oa:: zo Ll")u.. 00 cow MC::: ~ w a:: a.. V') z w 0 a:: l3 ::r: u tJj co I: ~ u.. 0 ~ 0 "All DRAWINGS. SPEOACATIONS AND F\ELATED DOCUMENTS ARE THE COPYRIGHT PROPERTY OF THE LANDSCAPE ARCHITECT AND MUST BE RETURNED UPON REQUEST. REPRODUCTION OF DRAWINGS. SPEOACATIONSAND RBATED DOCUMENTS IN PART OR IN WHOLE IS FORBIDDEN WITHOUT THE lANDSCAPE ARCHITECTS WRITTEI\I PEI\MISSION." 0 LANDSCAPE PLAN &SCHED U LE DRAWN BY' AMM I )AH DRAWING#: 101:z.ol.lO..JCLSC_IOM.l7.dwJ: FILE#: 106U7 LP-1 TOTAL PERVIOUS MCDONALD$ SITE (10,015 S.F.) TOTAL IMPERVIOUS AREA (WITHOUT BUILDING) MCDONALD$ SITE (29,449 S.F.) . <1 . • ·A · ... <I • 4 TOTAL OPEN SPACE AREA MCDONALD$ SITE (10,015 S.F.) r I OVERALL REQUIRED LANDSCAPE CHART-MCDONALDS SITE ~ L:......:.....J PERVIOUS AREA TOTAL OPEN SPACE PLANTS NUMBER POINTS irOTAL POINTS % PREFERRED PROVIDED Specimen trees 0 2S•dditlonal 0 Sp«<menpalms 0 25Adcltional 0 [ill IMPER viOUS AREA SOD AREAS Spec:imenptanu 0 15Adcltional 0 Nath·• trwa. S lnc:ha. 08H 0 20 +I for •ad'! inch oww S DBH 0 Cltrpnfwnd trwspedt:• (ll'ht. min.) 12 (7SX from pnt.Ted bt min.) IS+ I farachfootOWtl'mln. ISO I- Trft'!S not on lise: or la.s t:h:ln 0 • 0 12ft..lnt.qht Otr pnfw'red p:dm spedu (8' CT. min.) 4 J.J+ I foradlb:ltO¥"W8'CT 15.2 I- Plllm not on ht or leu than Bft.ofdnrtrunkht. 0 I 0 PROPERTY BOUNDARY Alllhrub5 (7SX from pr..t.n-ed list min.) 230 I 230 I-MCDONALD$ SITE (44,000 S.F./1.01 AC.) M aroundCO¥en (75% from m I"'"' prefvred hn min.) 540(1.860SF) 2 ptL/10 If. Total Paints Acaued frcm ~ HaWial m.2 I"'"' Total Points Accrued from Exi~nJ Muw.al 963.4 75% Total Points Fro'f'l.t.d 1,760.6 Total Points Required 1,602.4 (10.015 SF()pwl!ipi~/IOOSF X l'polnu) MCDONALDS SITE TOTAL SOD AREAS MCDONALD$ SITE (3,992 S.F.) OPEN SPACE CALCULATIONS I MCDONALDS SITE I TOTAL SITE AREA 44,000 S.F./1.01 AC. BUILDING AREA 4 ,536 S.F. (10%) IMPERVIOUS AREA 29,449 S.F./ 0.68 AC. (67%) PERVIOUS AREA 10,015 S.F./ 0.23 AC. (23%) SOD AREAS 3,992 S.F. (39.9% OF OPEN SPACE) OPEN SPACE (PER LANDSCAPE POINT CALCULATIONS) 10,015 S.F. (22.7%) TOTAL BUILDING AREA MCDONALDS SITE (4,536 S.F.) ,------------l I I I I L ___________ j ""C > u as -I ~ -I ~ VI ~ ""C z ~ w ....c > 0 t: as en a:: ""0 <{ 0 QJ r;; l:) z ~ r::: I 0 II) ~ Q u ""C ....c u ~ ~ t: I: cQ c: 0 0::: I: 0 z .....1 0 0 ~ LO u.. u u. I: 0 Q 0 CX) w ~ M 0::: M ~ CX) u M w 0 0::: I c.. a- 0 WALL DRAWINGS. SPECIACAT10NS AND RELATED DOCUMENTS ARE THE COPYRIGKT PROPERTY OF THE LANDSCAPE ARCHITECT AND MUST Be RETURNED UPON REQUEST. REPRODUCTION Of DRAWINGS. SPEOFICATIONS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS FORBIDDEN VVITHOVT THE LANDSCAPe ARCHJTECTl WIUTTEN PERMISSION." 0 OPEN SPACE REQUIREMENTS DRAWN BY: AMM/JAH DRAWING#: lCIIz.oe.JOjii.SC_IOiU7...._ 106U7 SHEET # LP-2 SMALL PALM STAKING PLAN ~~E ro ALL PALMS WITH CAUJU. SIZE oF LESS THAN sax {6) INCH&. NTS. 2. ALL TREE SUI'POI\TS MATERIALS ARE TO BE REMOVED FROM EAOI TIW ONCE IT IS ESTAIIJSHED. TYPICALLY SIX I'10NTHS FOR SHADE TREES OR ONE Y~ FOR PAL11S. (3) 2" X4" WOOD 8MCCS. STAKE OUTSI>E RANTING HOLE ZONE PALM OR TREE TRUNK (SET VUI.TICAL AND PlUMB. TYP'.). • SEE PLAN IF SI'EQAL SETI'INGII.iANI DIRECTIONS EXIST FOR PALMS. LARG E PALM OR T REE ST AKING PLAN """" I.Af'f'UCA8lETOALLMU.:11-llUJNIC. PAI115N«l PAI115 WITH CAUPEI\SIZE OF SIX (6) 1N0iES OR GMATER 2.AU. TREE SUPf'ORTSMATEIUALSAAETO liERB'10VED FROM EAOITREEONCEJTIS ESTAaJSHED. TYPICALLY SIX f10Nl'H!i FOR SHADE TREES OR Of'E YEAR FOR PALf1S. (4) T X 4" WOOD MACES. STAKE OUTSIDE PlANTING HOLE ZONE. OUTSIDE EDGE OF A.ANllNG SAUCER. WRAPTR.UNK WITH llAYERS OF NATURAL BURLAP FOR PROTECTION AGAJNSTWOOD BATTENS AND STAKING BRACES. PALM OR TREE TI\UNK (SET VERTICAL AND PLUMB. TYP.). NTS. • SEE PLAN IF SPECIAL SETTING OR LEANING DIRECTIONS EXIST fOI\ PALMS. PALM PLAN T ING DET AIL "HURIUCANE cvr 01\ "CANDLE cur SABAl. PALM HEADS AT INSTAllATION. NTS. FOR CONTAINER GROWN. BAR& ROOT. AELD DUG OR BALL AND BURLAP SPECIMEN PALMS: SHIPPING FROND TIES SHALL BE REMOVED UPON INSTAllATION. TIES SHALL BE ORGANIC TWINE ONLY. FOR BOOTED TRUNK PALMS. TJI..UNK.S SHALL HAVE CLEAN INTACT BOOTS ARMlY An ACHED TO THe PALM TRUNK. FOR SUCK TRUNK PALMS, TRUNK SHALL BE CLEAR AND FREE FROM DeFECTS AND SCAII.S. BUIUAPWMPTPJ.JNK WITH llAYERS OF NAlURAL BUIU.AP UNDER 81\ACES, TO PROTECT TRUNK. 2" X ... BATTEN BlOCKS WITH 2" X4" W000 STAKING BRACES. USE STUL BANDING TO WRAP BlOCKS AAOUNO PALM Tl!.UNK. USE 200 NAILS TO NA1. ANCHOR BlOCKS TO STAKING BRACES (SEE STAIUNG DETAI.S FOR f'U"'BER OF REQUIRED BAACES}. ~NAILS SHALL PIERCE THE TREE TRUNK. SET' TOP OF ROOT BAll AT A!'ISHED GRADE. PROVDE A J" BERMED SAUCEJlABOV£ THE FINISHED GMDE WITH A J•lAYEil OF MEI.AI..ElJCA MULCH (6" TOTAL HEIGHT). EXTEND I'U.ot BEYOND 8EI\M. PU.L HUI..ot AWAY FROM TPJ.RII<.AI"'I'ftJMOFl". 'rX<f"XI"'N.l<f"WOOOSTAI<S. N'CHOR TREE IRACES WITH WOOO STAKES. INSTN.L.STAKf MAaS OUTSIDE TEMfOIW\Y SAUCER. FINISHED GRADE BACKF1U. SHAll. BE CLEAN. SALT FREE SAND N'D PEAT MOSS I"'X1\JJItE l:l RATIO. AU.IIACKAI.L SHALL IE WATER-JETTED FOR fWI COHI'ACYJON. DISTANCEAROUNDTHEROOTBAU. SHAll. BE 112 THE WIDTH OF THE ROOTBAU. OR (12") 191. QEARANCE. TAMP BOTTOH Of PlANTING HOLE TO ,......,IZE SETTUNG. NEVEl\ CUT TERI'W<W.LEADEI\. THIN MANotESAND FOLIAGE 1!. DIRECTED IY lANDSCN'E AJI.OiiTECT OR CERTJAED AAIOIUST. R.EXI8LE GUYING HAT£PJAL LOCAT£A80VE ARST LATERAL BRANGL AVOID OVER l1GHTENED TIES M. THEY ~TREE'SNA.T\.JAALSWAY. SAFETY RAGGING WOODENSTNC.ES. SET STAKES Oli'TSIJE PlANTING SWCEA ATA~DEPJHOF2FEET. T1WNK RARE OR TOP ROOT VISIBlE ON SURFACE. DO NOT BIAI.Y ROOT IN MULCH. SET ROOT BAU SUGHTLY ABOVE GRADE (I~ MAXII'II.l'1, ORr ABOVE fii.IISH3) GRADE). NTS. ;;~~=:~~~-------3"~~~ VV1TH J" IERMED f'lANTI'.fG SAUCER (6" TOTAL HEJGHT) ABOYi THE FN5HED GIIADE. L , ~ ~NG PlAN DIAGRAM EXTiND HUI.ot BEYOND IElU1. PUU.I'U.OIAWAY fi\Of1TI!.I.NC.R..MEA.......,._..,OFl". IACKFU. HOLE WITH """"'-'''ED SOIL I"'X (OIECK WITH I.ANDSCNENlotTECT FOR MIX). WATajET AU BACI<JU FOR AIU1 COt1PACTION. TOEEI'IANTI<G SAUC8I mtOVE I\OOT Ml.L COYaiNG. OJT BAa. WtRi IIASICETS IEI..OW TOf' HALf OF THE ROOT MLL FOlD Melt IUNN'COVEQIIG I"''ATINAI.SIB.OW TOPtwfOF I\OOT IAl1. COHP\EJB.Y I!.Et10YE SYNTHmC IIIJIIU.APCO'/EUIIGI"''ATBWS. TN1P eonot1 OF PlANTING HOLE TO I'We'IZE SETT1.ING. l't\OVIDEAPlANTING HOLE WITH A~ OF l TIHES THE DIN"'E1U. OF THE ROOT IAU.. ON THE SlMfACE AND TVVO TI'B THE ROOT 1W.L DW1E'1'lR. AT THE a.t.SE. GROUNDCOVER DET AIL 1• OF SHREDDED MB..AL.EUCA MULCH NTS. PLACED BETWEEN PlANTS ABOVE EXISTlNG SOIL LEVEL £·~~~~~~ ~~~~~~~~~~~~~ 'k--________ _ ~w~~~~~~~ lllllwlllwlllwlllwlllwllj,u TILL SOIL TOAHINU'M'IDEF'THOF 4" BROW THE EXISTJ'>Ki SOIL LEVEL E><ISllNGSOil. PLANT SPAC ING D ETA IL SPACING•o• Row·A· 6 o.c. 52 ro.c. &.9l" IO"O.C. .... 12"0.C. 10.4" tro.c. 15.6" 24~0.C. :w.r lO'O.C. , ... l6"0.C. 31.2" 4i'O.c. 41.6 PlANT SPACING CHART ·-\-·-·il \1 \/\ol~ A' ·-----·----~------ NTS. PLANT ROOTBALL f"''NIMUH OF I~ ABOVE ANISHED GRADE. wmt A MAXIMUM OF 10"-OF ROOTBALL EXPOSED ABOVE GRADE. l" SHREDOED MEI.ALEUCA MULCH. PULL MULot AWAY FROM TRUNK A MINIMUM OF l". PROVIDE l" EARTH PLANTING SAUCER REMOVE BURLAP FROM TOP Ill OF ROOTBAU. COHPLETB.Y II.EMOVE ANY SYNTHETIC WRAPPING HATEIUALS.. BACKFILL PLANTING HOLE WITH AP!'ROVED PlANTING MIX. SEf lANDSCAPEAAOiiTECT FOR PROPER f'IX SPECIACATIONS. PROVIDE A PIANT1NG HOLE MINIMUM OF l TIMES TH£ DIAMETER. Of THE ROOT BALL ON THE SURfACE AND TWO TIMES THE R.OOT BALL DIAMETER AT THE BASE. TAMP BOTTOM OF PlANTING HOLE TO MINIMIZE PlANT SETTUNG. ROOT BARRI ER D ETAIL NOTe I. TREES ARE TO BE INSTALLED VVJTH A MNMUM TEN FOOT (10') SEPARATION FROM ANY I'UBUC VVA"TEROR PUBUCSEWERMAJN ANJIOR. SERVICE, HYDAANTS, AND UFTSTAllONS. IFAT£NFOOT(IO') SEPAAATlON CANNOT BE ACHIEVID. THE TREE stW.L BE INSTALLED W1TJ-1 AROOTBARIUER.SYSTEH. 2. ROOTIIARRIEIUSHAI..LCOHI'l.Y WITH AU REQUII.EHENTS OF THE Ml.NCIPAUTY WITHIN WHICH THEY ARE LOCATED AS WB..l. AS 'MTH ANY REQUIREMENTS OF THE UTJUTY HOlDER. OF THE AFFECTED t.JT1.JT1ES. IN THE EVENT THAT CONFI.ICTJNG REQUIREMENTS EXIST BETWEEN THIS ROOT BAMIEI!. DETAIL AND THE MUNTlCPAUTYIUTJUTY HOLDER REQUIREMENTS. THE MORE STRINGENT OF THE REQUIREMENTS SIW.I. BE AI'RJCA!t£ TYPICAL PLANTING DIA GRAM THIN. WI!NJUEI!. Ill' HIN. W/0 lAMER Mlt-a1UM 8" COVEll OVER TO!' Of IAM.Eit SET !AMJER A MII\IMUM Of 4" IELO'NTHEFI'ISHEDGII.ADE. "BIOIIAM.Ek"OI\"DEEPI!.OOT" TREE PROTECTION DETAIL NOT!: I. THISDETAILNPUESTOALL~EES THAT NTS. 'ML1 !E 1'1\ES(I!.VED IN f'I..ACE Oil BE RnOCATED. NTS. WAlEI\ANO'OII.SEWEit.FACIUTlES {CPZ;)Tw.TMEA SUMOtJNDII4GATNE ,_Aaocu DESCIIJIEDIYAMOP.JSOF ONE FOOT FOil. EACH INCH OFTHE"fi\EE1; ctAMfEll. AT .U' AIOY'E GIVDE "1~=15\lloOfl/ltNA (I.E. MAINS. SRVJCESAI'O'OilLAlEJI.AI.l) NTS. "BIOBAMIEI!."OI!."'Eff'I!.OOT"IAI.TEJI.NATlVE ROOT IAMIEI!. SYSTEM BY BE UTIUZEDwnH Al'f'I!.OVAI..Ofi..AtC)SCAI'EAI!.OIITECT.) LANDSCAPE NOTES: I. STRUCTURAL El£MENTS AND HARDSCAPE FEATURES INDICATED ON LANDSCAPE PLANS ARE FOR INFORMATIONAL PURPOSES ONLY. LANDSCAPE PlANS ARE TO BE UTILIZED FOR LOCATION OF UVING PLANT MATERIAL ONLY.LANDSCAPE PLANS SHOULD NOT BE UTIUZED FOR STAKING AND LAYOUT OR LOCATION OF AN'f STRUCTURAL SITE FEATURES INCLUDING BUT NOT UMITED TO: BUILDINGS, SlGNAGf. PATHWAYS. EASEMENTS, BERMS, WALl., FENCES. UTlUTlES OR ROADWAYS. 2. CONTRACTOR SHALl ACQUIRE ALL APPUCABI.E FEDERAL STATE. LOCAL JURISDlCTIONAI.. OR UTIUTY COMPANY PERMITS REQUIRED PRIOR TO REMOVAL RELOCATION. AND/OR INSTALlATION OF L,NIIDSCAPE MATERIALS INDICATED WITHIN PLAN DOCUMENTS. THE CONTRACTOR SHALL HAVE PERMITS ~IN HAND" PIUOR TO STARTING WORK. lANDSCAPE ARCHITECT SHALL BEAR NO RESPONSIBIUTY FOR WORK PERFORMED WITHOUT PERMITTED DRAWINGS. THE CONTRACTOR. SHALL BE RESPONSIBLE FOR All CHANGES TO THE WORK. AT NO ADDITJONAL COST TO THE OWNER. /ttS A RESULT OF UNAUTHORIZED WORK PRIOR TO RECEIPT OF f'EJ\MIT. 3. TREES SHOWN ON THIS PLAN ARE FOR GRAPHIC REPRESENTATION ONLY. TREE SPAONG IS BASED ON DESIGN REQUIREMENTS AND THE TREES SHOWN ON THESE PlANS ATTEMPT TO ACCOMPLISH THAT SPAONG WttlE MAINTAINING THE REQUIRED SETBACKS FROM UTJunES.. IN THE EVENT OF A CONFLICT, AFFECTED PLANT MATERIAL SHAU. BE FIELD ADJUSTED WITH THE APPROVAL OF THE LANDSCAPE AROiiTECT TO AVOID CONFLICTS WITH THE WITH EXISTING AND PROPOSED UTlunES, UGHT POLES, DRAINAGE STRUCTURES OR UNES, LAKE MAINTENANCE EASEMENTS OR OTHER AFFECTED SITE. FEATURES.. 4. ANY PLANTING WITHIN THE SIGHT TRIN>tGLES SHALL PROVIDE '-"!OBSTRUCTED VIEWS AT A LEVEL BETWEEN 30" AND8' ABOVE THE PAVEMENT. S. ALL UT1UTY BOXESI STRUCTURES TO BE SCREENED ON l SIDES WI APPROVED PLANTING MATERIAL 6. IAAIGATlON IS REQUIRED PROVIDING 1orm COVERAGE WITH A MAXIMUM Of~ OVERLAP, AN AUTOMATIC RAIN SENSOR MUST BE INCLUDED. 7. ALL PLANT MATERIAL TO BE INSTALLED SHAU. CONFORM TO FLORIDA POWER AND UGHTS (FPL 'S) RIGHT TREE RIGHT PLACE GutDEUNES. 8. IN CASE OF DISCREPANCIES PLANS TAKE PRECEDENCE OVER PLANT UST. 9. lANDSCAPE CONTRACTOR RESPONSIBI..£ FOP, VERIFICATION OF AU QUANTITIES PRIOR TO BIDDING. 10. REMOVAL OF EXISTING VEGETATION IS RESPONSIBIUTY OF LANDSCAPE CONTRACTOR.. II. RELOCATION Of EXISTING VEGETATION IS RESPONSIBIUTY OF LANDSCAPE CONTRACTOR.. REFER TO SPEOFICATIONS FOR RELOCATION INSTRUCTIONS. 12. CONTRACTOR RESPONSIBLE FOR DETERMININ G QUANTITY OF SOD NECESSARY. 13. ALL INVASIVE AND DEAD LANDSCAPE MATERIAL SHALL BE REMOVE FROM THE SITE AND DISPOSED OF L.EGALLY. BETWEEN SHIUJB MASSES NTS. r:m --!B.OW. ~CM.L ..... ,.._ Clll .... ~ ... -- <llc .a :a ~.g :!::0 ~Cl. u ... ~c <o <ll.= Cl.- 0"' O ZI ~-~ 1-c c: Z II'\ _g~ v~-o <( --J 0>+-V)o ·~~ ....Jw oc 0 (/)a:f II) ""0 cti r: 0 Q u I: ,..,., 00 ,..,., 0 I 0' 0 Ill "0 ~ ~ ..!S! 0 ...r:O ~:E Oa:: zo Ll'lu... oo oow ,..,.,~ ~ w a:: c... VI z w 0 ~ (.!) :::c u ~ r::Q I: ...J ~ u.. 0 ~ u WAU DRAWINGS. SPECIFICATIONS AND RELATED DOCUMENTS ARE THE COPYRIGHT PROPERTY O F THE LANDSCAPE ARCHITECT AND MUST BE RETURNED UPON REQUEST. REPRODUCTION OF DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS FORBIDDEN WITHOVT THE lANDSCAPE ARCHITECTS WRITTEN PERMISSION.• 0 LA N DSCAPE DETAILS NTS DRAWN BY: AMM/)AH DRAWING#:. 201z.ol..30..;o;LSC_I06U7.dwJ RL£#: 1066.37 DATE: 0110612012 LD.S PROjECT SCHEDULE SHEET # LP-3 LandscaD! Planting • Part I. General I. Description of Work A. Provide all exterior planting as shown on the drawings or inferable therefrom and/or as spectfted in accordance with the requirements of the Contract Documents. landscape plans provided indicate the proposed location of living plant material only. Structural elements and hardscape features Indicated on the landscape plana are for Information purposes only . Landscape plans are not to be utilized for staking and layout or location of any structural aile features including but not limited to, btJildinga, signage, pathways, easerru:mts, utilities or roadways. B. These specifications include standards necessary for and incidental to the e.xecution and completion of planting as indicated on the prepared drawings and specified herein. C.AI applicable federal, state and local permits shal be attained prior to the removal, relocation, or Installation of ~Mnt materials Indicated within the plan documents. D.Protection of existing features. During construction, protect all existing trees, shrubs. and other specified vegetation, site features and improvements, structures. and utilities specified herein and/or on submitted drawings. Removal or destruction of existing plantings is prohibited unless specifically authorized by the owner. and with permit as required by associated federal, state and local government agencies. II. Applicable Standards A. American National Standards for Tree care Operations, ANSI A300. American National Standards Institute, 11 West 42nd Street, New York. N.Y. 10036. B. American Standard fOI'" Nursery Stock, ANSI Z60.1. American Nursery and Landscape Association, 1250 Eye Street. NW, Suite 500, Washington, D.C. 20005. C.Hortus Third, The Staff of the l.H. Bailey Hortorium. 1976. MacMillan Publishing Co .. New York. D. Florida Department of Agriculture "Grades and Standards f« Nursery Plants•, most recent addition. E. National Arborlst Association-Pruning Standards for Shade Trees F. AI standards &hal include the latest additions and amendments as of the date of advertisement for bids Ill. Qualifications A. Landscape planting and related worit shall be performed by a firm with a minimum of five years eJIP&rience specializing in this type of work. AI contractors and their sub-contractors who will be performing any larn:lscape WOl1t Included In this section of the speclftcaUon Shall be approved by the landscape architect. B. landscape Contractor shall be licensed and shall carry any necessary Insurance and shaD protect the landscape Architect and OWner against allliabiitles, claims or demands for Injuries or damage to any person or property growing out of the performance of the wort!. under this conlracl All workers shall be covered by Workman's Compensation Insurance. IV. Requirements of Regulatory Agencies A. Certificates of inspection shaD accompany the Invoice for each shipment of plants as may be required by law for transportation. File certificates with the landscape architect prior to acceptance of the material. Inspection by federal or state authorities at place of growth does not preclude rejection of the P'ants at the Site. V.Submlttals A.Manufacturets Data: SUblrit copies of the manufacturer's and/or source data for al maleriale apecllled, Including aolla, soil arn&ndmenta and felflllzer materials. Comply with regiJatlons applicable to landscape materials. B. Samples: Submit samples of all topsoil. soil mixes. mulches, and organic materials. Sam~s shaD weigh 1 kg (2 lb) and be packaged In plastic bags. Samples shal be typical of the lot of malarial to be delivered to the site and provide an accurate Indication of color, texture, and organic makeup of the material. C. Nursery Sources: Submit a list of all nurseries that wm supply plants. along with a list of the plants they will provide and the location of the nursery. D.Soi Test: Submit soli test analysis report for each sample of topsoil and planting mix from a soil testing laboratory approved by the landscape architect. 1. Provide a particle size analysis, including the folowing gradient of mineral content USDA Designation Size in mm Gravel +2 mm Very Course Sand 1·2 mm Coarse Sand 0.5-1 mm Medium Sand 0.25-0.5 rrm Fine Sand 0.1.Q.25 mm Very fine •nd 0.05-0.1 mm Sit 0.002-o.os mm Clay smaller than 0.002 2. Provide a chemical analyala, including the following: a. pH and buffer pH b. Percentage of organic content by oven-dried weight. c. Nutrient levels by parts per million, including phosphorus, potassium magnesium, manganese, iron, zinc, and calcium. Nutrient test shall include the testing laboratory recommendations for supplemental additions to the soil based on the requirements of horticultura l plants. d. Sofuble salt by electrica l conductivity of a 1:2, soil: water, sample measured In millfmho per em. e. Cation exchange capacity (CEC). E. Material Testing: Submit the ma nufactu rers particle size analysis, and the pH ana lysis and provide a descripUon and source location for the content material of all organic materials. F. Maintenance Instructions: Prior to the end of maintenance period, landscape Contractor shall furnish three copies of written maintenance inatrucUona to the Landscape Architect for transmittal to the Owner fot maintenance and care of installed plants through their ful growing season. VI. Utnlty Vef'lflcatlon A. The contractor &hal contact the local uUIJty companies for verfflcaUon of the location of all underground utlllty lnes In the area of the work. The contractor shal be responsible for d damage rnutung from neglect or failure to comply with this requirement. Part2.MaterlaJ. I. Plants A. Plants shall be true to species and variety specified and nursery-grown in accordance with good horticultural practices under dimatic conditions similar to those in the locality of the project for at least two years. They shal have been freshly dug. 1. AD plant names and descrlpUons shall be as defined In Hortus Third. 2. All plants shall be grown and harvested In accorda nce with the American Standard fOf" Nursery Stock and Florida Department of Agriculture Grades and Standards for Nursery Plants. 3. Unless approved by the landscape architect, plants shall have been grown at a latitude not mora than 325 km (200 miles) north or south of the latitude of the project unless the provenance of the plant can be documented to be compatible with the latitude and cold hardiness zone of the planting location. B. Unless specifically noted, all plants shal be exceptionally heavy. symmetrical, and so trained or favored In development and appearance as to be unquestionably and outstandingly superiOr In form, compactness, and symmetry. They shall be sound, healthy, vigorous, well branched, and densely foliated when In leaf; free of disease and insects, eggs, or larvae: and shal have healthy, we-.developed root systems. They shal be free from physical damage or other conditions that would prevent vigorous growlh. 1. Trees with multlple leaders. unless specified, will be rejected. Trees with a damaged or crooked leader. bark abrasions, sunscald, disfiguring knots, insect damage. or cuts of limbs over 20 mm (314 in.) in diameter that are not completely dosed will be rejected. C. Plants shal confonn to the measurements specified, except that plants larger than those speclfted may be used If approved by the landscape architect. Use of larger plants shall not Increase the contract price. H larger plants are approved, the root ballahall be increased In proportion to the s\9 of the plant. 1. catlper measurements shaD be taken on the trunk 150 mm (6 in.) above the natural ground line for trees up to and including 100 mm (4 in.) in caliper, and 300 mm (12 in.) above lhe natural ground line for trees over 100 mm (4 ln.) in caHper. Height and spread dimensions spaclfted refer to the main body of the plant and not from branch tip to branch tip. Pfants shall be measured when branches are in their normal position. If a range of sizea Is given, no plant shal be less than the minimum size. and no less than 50 percent of the plants shal be as large as the maximum size specilied. Measurements specified are minimum sizes acceptable after pruning, where pruning is req uired. Plants that meet measurements but do not possess a standard relationship between height and spread, according to the Florida Department of Agriculture Grades and Standards for Nursery Plants, shall be rejected. D. Substitutions of plant materials wil not be pennitted unless authorized in writing by the landscape architect. If proof Is submitted in writing that a plant specified is not obtainable, consideration wl be given to the nearest available size or similar variety. with a corresponding adjustment of the contract price. E. The plant schedule provided at the end of this section, or on the drawing. is for the conlractor's information only, and no guarantee is expressed or implied that quantities therein are correct or that the 1st is complete. The contractor shall ertSUre thai all plant materials shown on the drawings are Included In his or hel bid. F. AI!Mnta shall be labeled by plant name. Labels shall be attached securelytoal plants, bundles, and containers of plant materials when delivered. Plant labels shaD be durable and legible, with lnfonnatlon given In weather-resistant Ink or embossed process lettering. G. Selection and Tagging 1. Pfants shall be subject to Inspection for conformity to specification requirements and approval by the landscape architect at their place of growth and upon delivery. Such approval shal not impair the right of Inspection and rejection during progress of the work. 2. A written request for the Inspection of plant material at their place of growth shall be submitted to the landscape architect at least ten calendar days prior to digging. This request shall state the place of growth and the quantity of plants to be Inspected. The landscape architect may refuse inspection at this time if. in his or her judgment, suftlcient quantities of plants are not available for inspection or landscape archHect deems Inspection Is not required. 3. AI flekf grown deciduous trees shall be maril.ed to Indicate the trees north orientation In the nursery. Place a 1-n. diameter spot of while paint onto the north side of the tree trunk within the boUom 12 inches of the trunk. H. Anti-Deslccanta 1. Anti-desiccants, if specified, are to be applied to plants in full leaf immediately before digging or as required by the landscape architecl Anti-desiccants are to be sprayed so that alleavea and branches are covered with a continuous protective film. I. Balled and Burtapped (B&B) Plant Materials 1. Trees designated B&B shall be properly dug with firm, natural balls of soil retaining as many fibrous roots as possible, In sizes and shapes as specified In the Florida Department of AgricuHure Grades and Standards for Nursery Plants. Balls shall be firmly wrapped with synthetic. natural. or treated burtap, and/or wire. All synthetic fabric should be removed from the rootbaJf prior to planting. True biodegradable burlap can be left around the root ball. The root collar shall be apparent at surface of ball. Trees with loose, broken. processed. or manufactured root balls Wil not be accepted, except with special written approval before planting. J. Container Plants 1. Plants grown in containers shal be of appropriate size for the container as specified in the most recent edition of the Florida Department of AgricuHure Grade& and Standards fur Nursery Plants and be free of circling roots on the exterior and Interior of the root bal. 2. Container plants shall have been grown In the container long enough to have established roots throughout the growing medium. K. Bareroot and Collected Plants 1. Plants designated as bareroot or coRected plants shaD conform to lhe American Standard for Nursery Stock. 2.Bareroot material shaD not be dug or installed after bud break or before dormancy. 3. Colected plant material that has not been taken from active nursery operations shall be dug with a root bal spread at least 1/a greater than nursery grown plants. When specified or approved, shall be In good health, free from disease, insect or weed infestation and shal not be planted before Inspection and acceptance at the site. Testing may be required at the discretion of the Landscape Architect and/or the Owner and shal be provided at no additional cost l. Specimen Material: Plant material specified as specimens are to be approved by the landscape Architect before being brought to the site. Untess otherwise noted on the drawings, these plants Shall be Florida Fancy. M. Palms 1. Cooonul Palmi shall be grown from a certified eeed. 2.AipomllpiiCiesexcoptSabolpolme..,lllalhover®b-ualolywrappod --ng. 3. Sabal palma ahal have a turlclne cuL Sabel ~ ahal be lnstaled on aile at the earliest opportunity In the construction process. AD Sabel palms shal be from Palm Beach County or other IIndy 10111. AI Sabel palnw lhd be Florida Fancy. 4. For booted trunk palma, trunks shell have dean Intact bool:a 1lrmly au.ched to the Plb trunk. For lick trunk pUns. trunk shal be clear and free from defect and scars. 5. TheConlnodor&llal-alpolmoao-topment,_tionbylhopolmotto- N.Sod 1. Sod staal be graded #1 or better. Sod shal be loam or muck grown with a firm, fuD texture and good root development. Sod shall be thick. healthy and free from defects and debris including but not limited to dead thatch, insects. fungus, diseases and contamination by weeds. other grass varieties or objectionable plant material. 2. Sod shal be suffiCiently lhic:fl. to insure a dense stand of live grass. Sod shaa be Ave, fresh. and unl~ured at the time of planting. Plant sod within 48 hours after harvesting. 3. Sod area shal be al areas not otherwise identified and shall include the area beyond the property line to the edge of pavement and/or edge of water. 0, lnvnedlataly after harvesting plants, protect from drying and damage unll shipped and delventd to the planting site. Rootballs shal be checked regularly and watered sufficiently to maintain root viabiity. P. Transpot1ationandSkxageof_..,._ 1. Branches shal be tied with rope or twine only, and in such a manner that no damage wil occ:u to the bark or branches. 2. During transportation of plant material, the contractor shal exercise care to prevent Injury and drying out of the trees. Shook! the roots be dried out, large branches broMo, bals of earth broken or bosened, or areas of bark tom, the landscape architect may t1lfecl the lnjl.ntd tree{s) and order them replaced at no additional cost to lhe owner. AI loads of plants &hal be covered at al times with larpaufn or canvas. Loads that are not prolectad wl be reiecled· 3. AI barerool stock sent from the storage faclity shal be adequately covered with wet soil. sawdust.~. moss, peat. sb'aw, hay, Of other acceptable moisture-holding mecf"Nm, and shal be coveced with a tarpauin or canvas. Loads that are not protected in the above manner may be rejected. 4. Plants must be protected at al times from sun or drying winds. Those lhat cannot be planted immediately on deltvery shal be kept in the shade, Mil prolecled with sol, wet miAch, or other acceplable malarial. and kept wei watered. Plants shal not remain unp&ntad any longer than three days aflerdei"MII')'. Plants shal not be bound with wire or rope at any time so as to damage the bark Of bfeak branches. Plants shal be lifted and hancled with suitable support of the soil bal to avoid damaging it. 0. Mechanized Tree Spade Requirements Trees may be moved and planted wHh an approved mechanical tree spade. The tree spade shal move bees Dmlted to the maximum size alowed for a similar B&B root-bel diameter according to the American Standard for Ntnef)' Stock or the manufacturer's maximum size recommendation for the tree spade being used, whichever I& smaller. The machine shal be approved by the landscape arthltecl prior to use. Treea lhaU be planted al the detlgnated locatklnsln the manner shown In the plana and in acoordanc:e with applicable &eellons of the &peeilicatlon&. II Materials for Planting A. Mulch: Except as othefWise specified, mulch shall be shredded Melaleuca ndch ·grade •A•. AI Melaleuca m.Jich shal be made entirely from the wood and bark of the Melaleuca qulnqulnen'a tree. It shal not contain more lhan 10% bark (by volume). Shreds and chlps shall not be larger the t:a• diameter II"ICI1%•1n length. Mulch shall be free of weeda, seeds, and any other organic or Inorganic material other than Melaleuca wood and balk. It ShaD not contain stones or other foreign matefial that w1 prevent Ita eventual decay. This shal be appled to al planted areas where ind'IC&ted so that, aftet instalation, the mulch thickness wil not be less than a•. Submit sample for approval. B. Peat ShaU be hortlcutlural peat composed of notle&a than 60% dec:omposed orgarjc matter by weight, on an oven dried basis. Peat shall be delivered to the site in a workable condition free from lumps. C. Gravel Mulch: Use only wttere specifically Indicated on the plans of the size and type shown. Unless otherwise specified it shall be water-worn, hard durable gravel, washed free of bam, sand, clay and other foreign substanc:ee. It shal be a minimum of a• deep and shal be contained with Permaloc Design Edge or other appmved gravel slop, It ahal be a maximum cl1112", a minimum of314• and of a readDy.avaa.ble natural wavef color range. Provide geotextile m. fabric below aggregale rock. Submit sample for approval. 0. Root Barrier: Where apeclfted, root banierl shal be lnstalad on al b'ee and palm malarial in accordance with the root barrier datal provlcled within the plan drawings. Root barriers shal comply with al requirements of the moolclpattty wilhln which they are located u well • with any utllty holder requnments of any atrecled ut1111es. In the evant that conllctlng requirement. exist between the root barrier detal provided within the plan documents and the munlclpallylutMy holder requirements. the more sbingenl of the requirements shall be applicable. E. Planter Edging: Use only where specifically Indicated on plana. Edging shal be Permaloc Design Edging i'l black. Alternate edging may be utilzed with prior aJ)PrOVSI of Landscape Architect F. AntHSesk:cant sld be an ern.Jislon speclftcaly manufactured fur agrtcLCb.Jral use, which provide~ a prolacltve flm over plant surfaces. AntJ.deslocants Shall be delivered in containers of the manufacturer and shal be mixed according lo the manufactulefe dlrectlona. SUbmft manufacturer litetalure for approval. Ill. Materials for Soil Amendment A. Pine Bark: Horticultufal.grade mlled pine bark. with 80 percent of the material byvok.lnesized between 0.1 and 15.0 mm. 1. Pine bark shal be aged sutnc1en11y to break down al woody material. Pine bark shell be tc:teened. 2. pH shal range between 4 and 7 .0. 3. Submit manufacturer literature fur approval. B. Organic Matter: l eaf maHer and yard waste composted sufflc:iently to break down al woody fibers, seecis, and leaf structures, and free of toxlc and nonorganlc matter. Organic maHer shal be commercially prepared compost SubmH 0.5 kg (1 1b) sample and suppliers literature for approval C. Cou11ie Sand: Course concrete sand, ASTM C-33 Fine Aggregate, with a Fines Modulus lnd&Jii of 2.75 01'" greater. 1. Sends lhll be dean, sharp, nalural sands free oflmeetone, shale and slate particles. 2. Provide the following particle size dlatr1butJon: .§!!:!!. Percentage Paqlna 3181n (9.51M1) 100 No.4 (4.75 mm) 95-100 No.8 (2.36 mm) 80-100 No.16(1,18mm) 50-85 No. 30 (0.60 mm) 25-60 No. 50 (0.30 mm) 1o-30 No.100(0.15 mm) 2-10 D. Ume: shall be ground, pallatlzed, or pulverized lime manufactured to meet agricultu ral standards and contain a maximum of 60 percent oxide (I.e. calcium oxide plus magnesium oxide). Submit manufacturer literatu re for approval. E. Sulfur: shall be ftowers of sulfur, pelletized or gra nular sulfur, or Iron sulfate. SubmH manufacturer literature for approval. F. Fertilizer: Agricultu ral fertilizer of a form ula Indicated by the soil tesl Fertilizers shal be organic, alow-release compositions whenever applicable. Submit manufacturer literature for approval. IV, PlanUng Mix A. Planting Mix. 1. Planting Mix for Trees, Shrubs. Groundcovers and vines: Check with landscape architect for appropriate mbdure. 2. Planting Mix for Palms: Mixture of course sand and peat mixed to the following proportion: Comoonent Percent by Volume Coarse Sand 75% Peat 25% B. Planting mix shan be thoroughly mixed, screened, and shredded. C. Prior to beginning the mbdng process, submit a 1-kg (2-lb) sample of the proposed nix with soi test results that indicate the mix ratio and the results achieved. D. DI.Wing the mbdng proceaa but prior to Installing the mix, submH a 1-kg (2-lb) sample for each 200 cubic nmers (250 cubic yards) of planting mix, taken randomly from the finished soli mix, wHh soli test results for approval. In the event that Che test results do not meet the required particle size distribution, remix and resubmH a revised planUng mix. E, Moko oil 'm'"""""" olllmo/f\111\1• on~ "11111Hr lr'll-~Y lilt toiiMI rtll.lil Ill lilt llmt ol mlllill!l, F. Almlldng&llaltakoplacolnOie.,...._..yord,UIIng.,.,.,_.n'ildngequl--to-mlxalcom-- G. Protect the planting mix from erosion prior to lnstalatlon. I. Excavation of Planted Areas A locations for plants and/or outlines of areas to be planted are to be staked out at the site. Locate and mark al subsurface Idly lnes. Approval of lhe stakeout by the landscape architect is required before excavation begins. B. Tree, shrub, and groundcover beds are to be excavated to the depth and widths Indicated on the landscape plan detail drawings. If the planting area under any tree is lnilialy dug too deep, the sol added to trtng I up to the C011'8Ct.level should be thorougNy tamped. 1. The skies of the excavation of al planting areas shal be sloped at a 45 degrNt. The boUom of II bedllhall slope parallel to the propoud grades or toward any subslmce drain lines will*1 the planting bed. The boUom of the planting bed diracdy under any tree ahal be horizontal such that the tree alta plumb. 2. Maintain al required angles of repose of the adjacent materials as shown oo the drawing& Do not excavate compacled subgrade& of adjacent pavement or structures. 3. Subgrade sols shaD be separated from the topsol. removed from the area, and not used as backfill in any planted or lawn area. Excavations ahal not be left uncovered or unprotected ovemlghL C. FOf trees and ahrubs planted In Individual holes In areas of good &Oil that is to remain In place and/or to receiva amendm8nt In lhe top 150-mm (6 in.) layer, excavate the hoM to the depth of the root bal and to widthl shown on the drawing. Slope the sides of the excavation at a 45 degree angle up and away from the boUom c:A the excavation. 1. In areasofalowfy draining aoila, the root bel maybe setup to 75 mm (3 in.) or 118 of the depth of the root bal above lheadjacenteollevel. 2. Save the exlslfng soli to be used as bacldHI around the tree. 3. On steep slopes, the depth of the excavation shal be measured at the center of the hole and the excavation dug as shown on the drawings. D. Detrimental soil conditions: The landscape architact Ia to be notlfted, In writing, of soli condiHons encountered, Including poor draklage, dlat the contractcr considers detrimental to the growth of plant material. When detrimental conditions are uncovered. planting shaD be discontinued until instructions to resolve the conditions are received from the landscape architect. E. Obstructions: If rock. underground oonstruc:tion work, utlitlel, tree roote, or other obstructions are encountered in the excavation of planting areas, alternate locations for any planting shal be determined by the landscape archHect. II. lnstaDatlon of Planting r.x. A. Prior to the instalation of the planting mix. Instal subsurface drains, irrigation main Hnes, lateral lines, and inlgation riurs shown on the drawings. B. The landscape architecl shal review the preparation of aubgradea prior to the 1ns1a1at1on C'l plenllng mix. C. Do not proceed with the lnataDatlon of planthg mix unt1 al utllty work In the area has been inltaled. D. Protect adjacent walls. walks, and utiitles from damage or staining by the 101. Use 12-mm {112 ln.) plywood and/or plastic lheeting as directed to cover existing concrete, metal, masonry work, and other items as directed during the progreu of the work. 1. Clean upanytol ordktapllled on any paved surface at the end of each working day. 2. Ally damage to the paving or .-chltectural work caused by the sols lnatalatlon contrac:b:Jt shall be repaired by the general contractor at the lOIII Installation ......... ._.... E. Til the subtollniO the bottom layar of topsol or planUng mill. 1. Looeen the sol of the subgradatoa deplhdSO to 75 nwn (2 to a ln.) with a rototllerorolhersultabledevlce. 2. Sjnaclo layoroflho opoclfted-«planting mi>< 50 mm (21n.)-OVIII'Oie subg-. Than>ugh~llllho planllng mix and lho oubgmdo -· 3. Immediately lnellll the remaining topaol or pCantlng mix in accordance with the folowing apeciflcatlona. Protect the tiled area from lrafftc. DO NOT a1ow the tilled subgr.de 10 become oompaeted. 4. In the event that the tilled area bac:omel compacted, t1 the area again prior to ~the planting mtx. F. lnetalthe remaining toplollorplantlng mix in ~to 250-mm (8-to 1Q.In.) lifta lothe daptha and shown on l1e drawing details. The depth• and grades shown on the drurings are the tlnal grades after 11011 HtOernertt and shrinkage d the organic matedal. The contraclct" shall instal the soil at a higher level to anticipate this reduction of sol""""'"· depending on pnodldlld lOlling .....-ro.-. typo aiiiOI. 1. Phase the inslalation of the sol such that equipment dou not hllva to tnMI ov.-~ loplsoil or plan&lg mML 2. Compecl eech 1ft suflk:lently to reduce seWing but not enough lo prevent the movement d .....,. and feeder roo11 throt.V'IIhe sol. The soi in each lift should feel firm tolholbalmalo,...ondmokoonly-hoolpmll.~-bo-bylhololowlng __ _ o.Oigo-250nwn(101n.)ln-ond250mm(101n.)- b. Fll the hole wilh water and let It drain cornpletely. lmmedllltely refl the hole with water, and measure the rate of falln the water level. c. In the evenllhalthe walar dra!M at a rate less than 25 nm (11n.) per hou', til the 1011 to • depth required to tnek the overcompection. d. The landscape an:hll8cl shal detennlne the need for, and the number and loclllon af perc:oletlon teets baled on cDrtect l'leld oonciUona of the d. 3. Maintain moiattn conditions wtlhin the soia during instalation to-... for~ compaction. Su.pend 1nst11ation operation~; if the .all becar1a wet. Do not placo-on wet....,-. 4. ___ .,-....,._.,.,.,.._..._of.,.-.uaolho..--lhalcan--lho-al- and-. 5. Addlmo,.....,,r.tlizol',ond_amendmenls_ooi_._,.,. __ .,.lop_alooiandllllntolholop100mm(41n.)alooi.Soll --boeddedotlho-llmolhal--.--.·-......... _alool. 6. PnMc:t 1011 from OV'IIf'COfnp8Ct..., piKement. An .,.lhat becomes~ lhall be -.ct to a depth of 125 rnn (Bin.). Uneven or ..tiled -11'1111 be filedand'"!l'eded. Ill. Fine Grading A. It shall be the responsibility of the Contractor to flnlsh grade (min. 6• below adjacent F.F.E.). Finish grades In planting areas shall be one Inch lower than adjacent paving and are to Include a~ of mulching. New earthwork shal blend smoothly Into the existing earthwork, and grades shall pitch evenly between spot grades. AI planted areas must pitch to drain at a minimum of 1/4~ per foot. Any discrepancies not allowing this to occur shal be reported to the landscape Architect prior to continuing work. B. Fin all dips and remove any bumps In the overall plane of the slope. 1. The tolerance for dips and bumps in lawn areas shall be a 12-mm (1/2 in.) deviation from the plane in 3,000 mm (10ft). 2. The tolerance for dips and bumps in shrub planting areas shall be a 25-mm (1 ln.) deviation from the plane in 3,000 mm (10 fl). a. AI fine grading shall be Inspected and approved by the landscape architect prior to planting, mulching, sodding. or seeding. C.Berming shall not be placed within 10' of any existing tree nor will it be allowed to encroach upon any utility, drainage, or maintenance easement. Bermlng shall not Impede or obstruct any necessary swales needed to drain other areas for the property. IV. Planting Operations A Plants mwll be sat on ftat-tamped or unexcavated pads at the same relationship to ftnishad grade as they were to the ground from which they were dug, unleu otherwise noted on the drawings. Plants must be set plumb and braced In position untl topsoil or planting mix has been placed and tampad around the baH of the root bal. Improper COI'I'If)Kflng cllhe IOileround tht root bal may resutlln the tree aatUing or leenlng. Plants shaD be set so that they w1 be at the same depth and so that the root bal does not .tllft or movalalieraly one year later. 1. Determine the elevation of the root ftara and ensure that it is planted at grade. This may require that the tree beset higher than the grade in the nursery. 2.1f the root flare Ill leu than 50 mm (2 ln.) below the aolllevel of the root bal, plant the tree the appropriate leval above the grade to set the ftare eV9rl with the grade. H the ftere •II"ION than 50 rnn (2 in) at the oenler of the root bell the tree shal be rejected. B.Uft planlaOOyfrom the bottom of the root bell: or with belts or lifting harneeeetofiUI'ficlenl width noltodamage therootbals. Do not lift ttaea by their trunk or use the trunk u • laver In podloM1g or moving the tree In the planltng area. C. Remove plastic, paper, or ftber pots from oontalnertzed plant material. Pul roots out of the root mat. t.oosen the potthg medium and shake away from the root mat. Immediately after removing the container, inataU the plant such that the roots do not dry ouL Paclt planting mix around the exposed roots whle planting. D. The roots of bafe.root trees shal be pruned at the time of planUng to remove damaged or undeekable roots (thoaelikely to become a detriment to future growth of the root system). 8ara-t'oot trees ahal have the roots spread to approximate the natural posfUon of the roolll and shal be centered i'l the planting pit. The planting-soli bacld'll shal be worked firmly into and around the roots, with care taken to fil in completely with no air pockets, E. o.rt ropes or strings from the lop of shrub root balls and trees amaller than 3 in. calper after piMt hat been set Remove burlap or doth wrapping and any mre baskets from around top hatf of bals. Do not b.m under and bury portions of bwlap at lop of bal. 1. Do nollrrwnedlately remove the ropes and tulap from trees larger than 31n. caliper. Return to each b'ee three rnontN after planting and cut d ropes around the lrt.nks and lopl of the fOOlball&oflheiSatrees. 2. Completely remove any waterproof or water-repelant sbings or wrappings from the root ball and trunk before backfilling. F. Set baled and burlapped trees In the hole with the north marker facing north unless otherwise approved by the landscape ard1Hect. G.Piace native soU, topsoil, or planting mix Into the area around the tree, tamping lightly to reduce settlement. 1. For plants planted In Individual holes In existing sol, add any required soli amendmenta to the sols, as the material II being backfilled aroood the plant. Ensure that the amendments are thorougliy mixed Into the backfll. 2. For plants planted In large beds of prepared soli. add soil amendments during the soil instaDation process. a. Ensure that the backfill immediately around the base of the root balls tamped with foot pressure sufficient to prevent the root ball from shifting or leaning. H. Solid sod shall be laid with closely abutting joints with a tamped or rolled, even surface. Stagger strips to offset joints in adjacent courses. Bring the &OCI edge In a neat, clean manner to the edge of all paving and shrub areas. Sod along slopea shall be pegged to hold sod In place along slopes or banks a wood peg acceptable to the landscape Architect shall be used at no additional cost to the Owner. If, In the opinion of the Landscape Architect. top-dressing is necessary after roling, dean sand will be evenly applied over the enUre surface and thoroug hly washed In without additional charge. I. Thoroughly water all plants Immediately after planting. Apply water by hose directly to the root bal and the adjacant soil. J. Remove all tags, labels, strings, etc. from all plants. K. Remove any 8)(C&ss soli, debris, and planting material from tha job alta at the end of each workday. L. Form watering saucers 100 mm (4 in.) high lmmectlstaly outside the area of the root ball of each tree as Indicated on the drawings. V. Relocation of Existing Material: A. l andscape Contractor shall root prune trees which are to be relocated In accordance with approved horticultural prectices and the following procedures. 1.Selectahealthytree 2. Seleclively trim the canopy removing dead li mbs, crosa branching over crowned areas, and lower undealrable limbe. Fertilize and water trees before pruning. a. Root prune 50% of the root system approximately 18.·2' deep (depending upon species and size). This Is clone by hand with sharp hand tools or a root pruning saw. The diameter of the root ball to be pruned is 8-12 inches per every one Inch of diameter at breast height of the tree. 4. Back t'll the existing son with peat moss to stimulate new root growth of the pruned roots. 5. Water in thoroughly and treat with a mycorrhizae and a low nitrogen fartilizer (so not to bum the pruned roots). Brace trees If deemed necessary. 6. The root prwled tree should be watered every day (especlaay during warm months of the sea&on), the equivalent of 5 galons for every DBH of tree per day. 7. Root pruned trees should be let to stand for a minimum of 6 weeks for trees less than a· DBH and as long as 3 months for larger specimens prior to transplanting. 8. For best resutt. and survivorship, new root growth should be evident on root pruned trees prior to bansplantlng. 9. Upon transplanting, water should be applied every day as outlined In step 6 for at least one year. VI. staking and Guying A. The Contractor shal stake al traea and palma In accordance with the tree and palm staking details provided wittin the plan drawings. Alternate methods of guying or ataklng may be employed with the pr$01" approval of the Landscape Architect. B. The Contractor shall be feiPCII"IIIJie for the replacement 01'" adjuStment of aU trees, palms or shruba that fal or lean dumg the ~rantee period. The Contractor shall be responsible for any dtwnage C8UMd by the fallng or leaning of trees. C.Siaka and guys shall be lnalalled Immediately upon approval or planting, and shall be removed In acoordance with the staking datais provide within the plan drawings. /VIy-lholls ...... ble ..... ondallhowonontypedodlllalbe-. VII. Pruning A. Plants shal not be heavly pruned at the lime of planting. Pnring il required at planting time to correct defects in the tree structure, including removal of inju'ed branches, waterspouts., suckers, and inteffaring branches. Healthy lower branches and Interior smal twigs shoiJd not be removed except as necessary to clear walks and roads. In no case shcUd more than one-quarter of the bmnchlng structure be removed. Retaln the normal Of nalufal shape of the plant. B. AI prunng &hal be completed using clean, shlwp tools. AI cuts shal be clean and smooth, with the bark Intact with no rough edges or tears. C. Pruning cllarge tree& shal be done from a hydraulic man-lift such that it Ia not necessary to clmb the tree. VIII. Mulching A. AI trees, pUns, lhrubs, and other plantings wil be ma.tched with mulch previously approved by the landscape archilect. The mulch &hal be a minimum 3• thief(. tayer over al tree, shrub and ground cover planting areas, lrilss otherwise specified. AI muk:h layers shall be of the speclllad tNckness at the time of the final acceptance of the work. Mulch must not be placed within a Inches of the bunks of trees, palms Of shrubs. B. Place mulch at least 3" In depth In a circle around al trees located in lawn areas. The diameter of the Circle shal be 18• In diameter larger than the beD of the plant provided. Mulch must nol be placed within 3 Inches of the trunks of trees, palms or slvubs. lX. Mai'ltenanoe of Trees, stvubs, and Vines A. Maintenance shal begin immediately after each plant ia planted and contrlue until its acceptance has been confirmed by the landscape architect. B.Malntenance shal consist of pruning, watering, cutllvating, weeding, rrUching, fertilizing, tightening and ~ng guys and stakes, resetting plants to proper grades or uprfght poeltlon, reetorlng of the planting saucer, and b'n!lshlng and applying such sprays or other materials as necessary to keep plantings free of Insecta and dlaeases and In vigorous condition. C. Planting area and pCanta shall be protected elan times against trespassing and damage of aD kklds for the duration of the maintenance period. If a plant becomes damaged or injured, H shaD be treated or replaced as directed by the landecape archHect at no additional coat. D. Watering: Contractor shallrrlgate as required to malntaln vigorous and healthy tree growth. Overwalei1ng or flooding staal not be allowed. The contractor shal monHor, adjust, and use existing irrigation faclities, if available, and furnish any addltlonal material, equipment, or water to ensure adequate irrigation. Root balls of all trees and large shrubs shal be spot watered using handhekl hoses during the first four months after planting, as required to ensure adequate water wHhln the root ball. E. During periods of reslrlcted water usage, al governmental regulations (permanent and temporary) shall be followed. The contractor may have to transport water from ponds or other sources, at no additional expense to the owner when Irrigation •yatems are unavaBable. F. Remove soil ridges from around watering basins ptlor to end of maintenance period, as directed by landscape Architect X. Acceptance A. The landscape archllecl ahallnspect al work for accaptance upon written request of the contractor. The request shal be received at least ten calandar days before the anticipated date of mspectlon • B. Accleptance of plant material &hal be for general conformance to speclled size, character, and quality and lhal not relieve the eontractor of responsibility for ful conformance to the contrad documents, inckJding coned species. c. upon completion and ..tnapectlon of a1 repeh or renewals neoessary In the judgment c1 the landscape archllact, the landacape an:hllacllhaD certify in wrttlng that the W«khooboonoccopted. XI. Acceptance Jn Part A. Work may be accepted In parts when the landscape architect and contractor deem that ptadice to be In their mulualinteresl ApprovaJ must be given In writing by the llndacape architect to the contractor verifying that the work II to be completed In parts. Acceptance of work In parts shall not waive any other proviaion of this contrac:t. XII. Guarantee Period n Replacements A. The guarantee period for trees and tfvube ahal begin at the date of acceptance. B.The"""""""'&llalguo..-al-matorioltobeln-andlou--i'ol'opedodofone,...fmmOiedataal""""'"'""' C.WhonW«kla_ln_lho ___ lmmNdlaiOie.,...........,...tolhotanrinal-allho-aiOie..,...._..,.,Tl>uo,all ---.. --. D.The"""""""'&llal-,wlthout-.ooooonu-condlllonoponnit,and-otpod11odplonllngpedod,al--bylho--to be deed or in an unaccaplable condition durtng and at the end of the au-an• period. To be oonsklered acceptable, plants shill be free cl dead or dying branches and lnnd111poondlhall-lollogoalnannal-.-.and-..------allho ..... ___ be _ .... __ lnlhla- E. The guarwdee of al ~plants shell extend for an additionl!ll period of one year from the date of lhei" ecceptance after replacement In the event that a replacemenl.,._.ls nol acceptable during or at the end of saki eXIended guar1lldee period, the landKape archHect may~ IUbsaquenl ~or crd tor that lem. F.N.Ihoondallhogu;nntae.Oie...-&llal--lholhaveiOIUed-lho--onlho- G. The ClOI'1lracb' shal make periodic lnspedlons, at no extra cost. ck.wfng the prallee peflod to determine whit changes. If any, should be ln8de In the malntenin:e program. tf change~ .-a reoonwnended. they shal be aubrnttBd in wr11ng to the lanrfscape archllecL Claims by the contrac1or lhallhe ownet~ll'lalrtt.nance practices or ted!. a~-.........-.. -.. dylng-wllnotbe...-.ofsuclt--not--bylhoconlnlcloo'dlwlnglho--- XIILFinol-andFinal-... N.lhoondallho-pedodand_. __ aiOie...-,Oie--wlllnopoclai--W«kforftnol....,..nco.The...,uest-bo ---tan-daysbolanllho--i'ol'finai-Upan..._ond_ofal-«-*,_..,.kllhojudgmontoflho --otlhllltime.lho--ltod&llalcenlly.mwrillng.lhaiOieprojecthoo""'""-<~ftnal.........,., M 00 M 0 I <1' 0 ~AU DRAWINGS. SPEOFICATIONS AND RElATED DOCUMENTS ARE THE COPYRIGHT PROPERTY OF THE lANDSCA.f'f: ARCHITECT AND MUST BE RETURNED UPON REQUEST. REPRODUCTION OF DRAWINGS, SPEOFICATIONS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS FORBIDDEN WITHOUT THE LANDSCAPE ARCHITECTS WRITTEN PERMISSION.• 0 SPECIFICATIONS SCALE: NTS DRAWN BY: AMM/JAH DRAWING#: 2012-01-30jll.SC_I06U7.cfwa 1066.37 SH E ET # LP-4 'II-•' •"'-I': I .... --,. 0, ..OI.D~ I'"""',..,"""' I r---. -"!! 1 ME NUBOARD ::..-.---"'!!"---- I rtu\1),7C'~":'".W.111 """U!o'f>ft t'IOU~!!:".:o'll\ t;lfJIAJY'IH·IHH I I I ··-'1 ~~O~RO ~ ~I ~II ' ' >IACANT mo eUIIJ)fNGSl ·' ' /..,,_I : J · ... I ,.. '··--I 1 -,' ·r--. I Cll! ,j I ;~ /',_ /ll./ : -/ /,/; ·, . ., I / "--.r· ~ ' ' .. I I ">........ ~I / / . '- "'1 ;.. / / I /= -,~:: ' fJi """"''· ~! / / 1-,. I • '· / / ;. ! ' ' lit I !~; '! 0 1: ~ ~~-;;~-t ·~c I r -(f----------f-~r --i --~r: _____ '{"__ ... ,... , , , a ___ -Taf'nW'!' -------'-"';.~:'":.~,"".. ..2-- ----____,_._.. ---- ·--- ~ ---~.,..--= •. 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STONE VENEE~ fiN ISI-4, OWENS CORNING, CULTURED STONE - 50UT14WE5T 6LEND F~O-F IT LEDGE~5TONE (FF -8fZ>I'9) FIELD ALEXAND~IA BEIGE BM-14C-11 COLO~ B Y BENJAMIN MOORE CO~~UGATED MET AL BAND 6 Y METAL ERA MANUFACTURING CO. l-8fZ>tZ>-SS8-21~2 1/e• •s• PANEL 24 GA. (COLO~: CITYSCAPE ) L __ 6AND5 MONROE 6 15QUE 6M-14C-2~ ~<C<C»TIJ.IF»lUJIRllidlW AR 91876 COP"''RRGtf@201 1 HM:TlEV • PlRJ\' ARCHITECTURE INC-RE8ERYESa:J'YRIGHJ &OllER RIGtfTSAESTRtCTING Tl£SE [J(]QJ.ENlS TO »EORICliW.SITE OAPURPOSE.FCRWMCH THEY WERE PREPARED REPRIJIJUC1lCWS CHAHGESORASSGAIENTSME. PROHIBrTED . !'i~r:H~~ ~ ~~~~ ~~c.h ~l7C:l:'~e}~~ m lllleOOINIAW'$ ~IOiii!/ll'IOii'!Aii111bliN ..................... . . . . . . . . . . . . . . . . . . . . . . 3805 NORTHLAKE BLVD . f1l r N-H*Mt A-PALM BEACH GARDENS, FL r-1lorido 3.!801 ST /SITE# 009-0383 ~ (mJ m-tm~ .. (1!8) :168-4361! ,..., -1102.123 dalo;OG.12.12 CB liCOTT J. P.IODV M81118 October 23, 2012 E. Wayne Gent, Superintendent School District of Palm Beach County 3300 Forest Hill Boulevard West Palm Beach, FL 33406 Dear Mr. Gent: The City of Palm Beach Gardens supports the School District of Palm Beach County in pursuing the Race to the Top-District competition to provide supports for school in implementing strategies that will personalize learning, close achievement gaps and take full advantage of 21st century tools that prepare each student for college and their careers. The City commends your existing track record of success, clear vision for reform, and innovative plans to transform the learning environment and accelerate student achievement. As the Mayor, I am fully aware of the need for our schools to educate and prepare our students for success. Your proposal offers the vision and capacity for reform, as well as a strong plan that provides educators with resources to accelerate student achievement and prepare students for college and their careers. We look forward to working together making equity and access to high-quality education a priority for Palm Beach County. Sincerely, Rt t T - D R e f o r m I n i t i a t i v e t o E s t a b l i s h P e r s o n a l i z e d L e a r n i n g E n v i r o n m e n t s – A S i x - P r o n g e d H i g h - Q u a l i t y A p p r o a c h K- 1 2 E l e c t r o n i c C o l l e g e an d C a r e e r R e a d i n e s s Pa t h w a y K- 1 2 S c h o o l C o u n s e l i n g Re f o r m M o d e l – 8 Co m p o n e n t s o f C o l l e g e an d C a r e e r R e a d i n e s s K- 1 2 I n t e g r a t e d In s t r u c t i o n a l Im p r o v e m e n t S y s t e m (I I S ) Un i v e r s a l S t a k e h o l d e r Ac c e s s t o t h e Di s t r i c t ’ s L e a r n i n g Ma n a g e m e n t S y s t e m Te a c h e r L e a d e r s h i p Tr a c k Enhanced MTSS In c r e a s e d g r a d u a t i o n r a t e s ; Cl o s i n g a c h i e v e m e n t g a p s ; In c r e a s e d A P p a r t i c i p a t i o n f o r un d e r r e p r e s e n t e d p o p u l a t i o n s ; In c r e a s e d C a r e e r P a t h w a y pa r t i c i p a n t s a n d i n c r e a s e d ce r t i f i c a t i o n s e a r n e d SSC © for Data Technology:Educational Data Warehouse; Learning Village; TrainU; Technology Standards SS C © f o r A c a d e m i c s Le a r n i n g T e a m P r o c e s s ; M a r z a n o Ev a l u a t i o n S y s t e m ; E f f i c a c y De v e l o p m e n t ; K - 12 C u r r i c u l u m SS C © f o r B e h a v i o r Al t e r n a t i v e t o S u s p e n s i o n ; Re s t o r a t i v e J u s t ic e ; P o s i t i v e Sc h o o l - w i d e B e h a v i o r S u p p o r t ; MT S S SS C © f o r C l i m a t e Pr o - s o c i a l N o r m i n g , S c h o o l Co u n s e l i n g , B u l l y i n g P r e v e n t i o n , Ch a r a c t e r E d u c a t i o n , A f t e r s c h o o l pr o g r a m s i n a l l el e m e n t a r y a n d mi d d l e s c h o o l s El e c t r o n i c C o l l e g e a n d C a r e e r R e a d i n e s s P a t h w a y – V i e w a b l e b y a l l S t a k e h o l d e r s Su c c e s s f u l C o m p l e t i o n o f C o l l e g e Freshman Year Ki n d e r g a r t e n Ba c k m a p p e d A c a d e m i c a n d P e r s o n a l / S o c i a l D e v e l o p m e n t a l I n d i c a t o r s Sc h o o l Co u n s e l i n g Re f o r m II I S In t e r n a l & Ex t e r n a l Ac c e s s t o Tr a i n U En h a n c e d MT S S Te a c h e r Gr o w t h La d d e r Br o a d C o m m u n i c a t i o n s De l i v e r y w i t h a l l St a k e h o l d e r s Ch a n g e T h e o r y B y A u d i e n c e : Le a d e r s h i p – S a n c t i o n / F o r m a l i z e Sc h o o l s - O p e r a t i o n s St u d e n t s – I m p a c t o f t h e C h a n g e Co m m u n i t y – S u p p o r t D. LEA Policy and InfrastructureA: Vision B. Prior Record of Success and Conditions for Reform C. Preparing Students for College and Careers Pa r t n e r S y s t e m s o f S u p p o r t CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 1, 2012 Resolution 97, 2012 Subject/Agenda Item: Resolution 97, 2012 Mandel Jewish Community Center (JCC) I Meyer Jewish Academy Planned Unit Development (PUD) Signage Easement Consideration for Approval: A request for the City Council to authorize an easement to be placed over a City right-of-way to allow a ground sign to be installed to identify the Mandel JCC I Meyer Jewish Academy PUD. The 2.3-acre City-owned right-of-way parcel is located at the northeast quadrant of Interstate 95 and Hood Road. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: f Planning & Planning & Zoning: Project Manager Finance: Accountant ~L Sarah Varga Fees Paid: N/A Funding Source: Development Compliance B~~olfs, AICP [X] Quasi-Judicial [ ] Legislative [X] Public Hearing [ ] Operating [X] Other N/A r-------------~ ~----~=---------~ Advertised: [ ] Required [ ] Not Required Date: N/A Paper: N/A Budget Acct.#: N/A Contract/ Agreement: Approved By: 1-------------------1 Effective Date: cted parties: [ ] Notified [X ] Not Required N/A Expiration Date N/A Council Action: ] Approval ] Approved w/ Conditions ] Denial ] Continued to: __ _ Attachments: • Resolution 97 , 2012- Easement Agreement with Attachments Meeting Date: November 1, 2012 Resolution 97, 2012 Page 2 of4 EXECUTIVE SUMMARY The Applicant, North Palm Beach County Jewish Community Campus Corporation, is requesting approval of a 462-square-foot easement to be placed over a portion of a City- owned right-of-way to allow a ground sign to be installed that identifies the Mandel JCC I Meyer Jewish Academy Planned Unit Development (PUD). Mandel JCC I Meyer Jewish Academy PUD is accessed via Gross Point Drive, which is a City-owned street. The Applicant is requesting an easement be granted adjacent to Gross Point Drive to allow motorists approaching the development from Hood Road to see the sign and identify the location to turn. Due to the unique way the site is accessed, staff recommends approval of the subject request. BACKGROUND On June 7, 2012, the development application for the Mandel JCC I Meyer Jewish Academy Planned Unit Development (PUD) was approved by the City Council via the adoption of Resolution 37, 2012. Mandel JCC I Meyer Jewish Academy PUD site plan was approved for a 59, 724-square-foot community center with a 192-student daycare and 500-student private school on a 13.6-acre parcel located at the northeast corner of Hood Road and Interstate 95. The parcel is accessed via an off-site right-of-way parcel transferred from the Florida Department of Transportation (FOOT) to the City. Following the approval of the Mandel JCC I Meyer Jewish Academy PUD on June 7, 2012, the City Council approved the transfer of two (2) right-of-way parcels from the FOOT's jurisdiction to the City's ownership. One parcel is located at the southwest quadrant of Hood Road and Interstate 95, and the second parcel is located at the northeast quadrant of Hood Road and Interstate 95. The second parcel, located north of Hood Road, is the subject of this request. PROJECT DETAILS Site Details The Applicant is requesting approval of a 462-square-foot easement to be granted on City- owned property to allow a ground sign to be installed that identifies the Mandel JCC I Meyer Jewish Academy PUD. The PUD is located at the northeast corner of Hood Road and Interstate 95 and is accessed via Gross Point Drive. Gross Point Drive, a City-owned roadway, provides access from the PUD to Hood Road. The Applicant proposes the ground sign adjacent to Gross Point Drive, within the City-owned right-of-way. The following aerial depicts the approximate location of the proposed ground sign: (The remainder of this page intentionally left blank) Sign age Meeting Date : November 1, 2012 Resolution 97 , 2012 Page 3 of4 City Code Section 78-285, entitled Permitted Signs, provides for standards and criteria for signage located within the City. The proposed sign will need to meet all required Code provisions in terms of size, letter height, foundation landscaping, etc. With this request, the Applicant is only seeking approval of the location of the signage easement. The Applicant anticipates submitting a master signage program for the PUD for review by staff and approval by City Council within the upcoming months. The master signage program will include all ground signs, flat/wall signs, and directional signage for the site. The proposed easement is located approximately 50 feet north of the centerline of Hood Road. Easement Agreement An easement agreement has been prepared by the City and furnished to the Applicant for signature (see attached). The agreement authorizes the Applicant, at its sole cost and expense, to install, maintain, and repair a ground sign and associated landscaping within the City-owned tract identified in the attached legal description and sketch. Also, the proposed easement agreement would allow the Applicant to install temporary signage, such as a development sign, subject to the limitations provided for in City Code Section 78-290. Landscaping/Buffering No landscaping is proposed with this request. STAFF ANALYSIS The Mandel JCC I Meyer Jewish Academy PUD is located adjacent to Interstate 95 on the north side of Hood Road. The PUD is accessed via a City-owned off-site right-of-way parcel Meeting Date: November 1, 2012 Resolution 97, 2012 Page4 of4 named Gross Point Drive. The driveway of Gross Point Drive is located approximately 93 feet east of the Hood Road I Interstate 95 bridge and will be maintained at the Applicant's expense. The proposed monument sign location will assist vehicular motorists crossing the bridge to identify the entrance of the PUD. Furthermore, due to the proximity of the bridge to the driveway, the proposed sign location will assist motorists who are unfamiliar with the area to identify the entrance to the community; thus, improving the overall safety of the roadway . City staff has reviewed the request and is supportive of the Applicant's request for an off-site ground sign due to the unique access and location of the Mandel JCC I Meyer Jewish Academy PUD. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 97 , 2012 as presented. ---------------------------- JOHNSTON GROUP D E V E L 0 P M E N T 601 Heritage Drive, Suite 127, Jupiter, Florida 33458 561.691.4552 P /561.691.4553 F TRANSMITTAL SHEET DATE: 10/31/2012 RE: JCC Sign Easement FROM: Ryan Johnston I II II II II I I I TO: Mr. Richard Marrero SENT VIA: City of Palm Beach Gardens D U.S. MAIL ~ HAND DELIVERY Growth Management Department 1 0500 North Military Trail Palm Beach Gardens, FL 3341 0 D OVERNIGHT D COURIER D PICK UP D OTHER THE ATTACHED IS BEING SENT: AS REQUESTED COPIES DATE NO. DESCRIPTION 2 I [_ ---________ _j Executed sign easement agreement I I II II I II II II I [ ... s I I ~ --· ~ -l L _____ . _ _____ _I ll [ --· _ __i II MESSAGE: SIGNATURE OF PERSON TAKING RECEIPT : DATE & TIME OF RECEIPT: J CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 1, 2012 7:00P.M. Mayor Levy ~:?:o ~: f!t(3 Vice Mayor Premuroso Council Member Tinsley Council Member Russo Council Member Jablin I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS I PRESENTATIONS: a. PRESENTATION TO COMMISSIONER KAREN MARCUS IN HONOR OF 28 YEARS OF SERVICE AS DISTRICT I COUNTY COMMISSIONER. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) ~.sJ.. VIII. CONSENT AGENDA: ~ 0 c ) a. (Page 4) APPROVE MINUTES FROM OCTOBER 11 , 2012 CITY C UN IL MEETING. b. (Staff Report on Page 8, Resolution on Page 10) RESOLUTION 87 , 2012- SELECT A DATE FOR THE JANUARY 2013 REGULAR CITY COUNCIL MEETING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF THE REGULAR CITY COUNCIL MEETING FOR JANUARY 2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Staff Report on Page 15, Resolution on Page 17) RESOLUTION 92, 2012- DEDICATION OF THE KAREN MARCUS/SANDHILL CRANE PARK. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RECOGNIZING AND COMMENDING THE HONORABLE KAREN T . MARCUS FOR HER SERVICE TO THE CITIZENS OF PALM BEACH 1'\o"c.. ~~.r COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ~t'\~s.~ _a .L.:t..t:J:kiA 1 • ... ___ 0 ~ (IAcfl'o.'rl • p.- ~~---c.. J"e.fohfl"1-r ~ \'t..TO 't\.a.. ~ ~'1 CA C).;( a. ------------------------ d. (Staff Report on Page 20, Resolution on Page 40) RESOLUTION 95, 2012 - PLAT EXEMPTION PETITION LOCATED WITHIN PALOMA. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN EXCEPTION TO THE REQUIREMENTS OF PLATTING FOR LOTS 116 AND 117 LOCATED WITHIN THE PALOMA PLANNED UNIT DEVELOPMENT (PUD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 52, Resolution on Page 57) RESOLUTION 96, 2012 - EASEMENT FOR THE TREVI PLANNED UNIT DEVELOPMENT (PUD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A RESIDENTIAL ENTRY SIGN AND AN EASEMENT AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND KENNEDY HOMES LLC, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f . (Staff Report on Page 76, Resolution on Page 78) RESOLUTION 99, 2012 - BIG HEART BRIGADE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDENDUM I TO THE AGREEMENT WITH THE BIG HEART BRIGADE, INC. FOR USE OF FACILITIES AND IN-KIND SUPPORT SERVICES IN IMPLEMENTING THE THANKSGIVING FEAST EVENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. g. (Page 94) PURCHASE AWARD FOR RESTROOM/CONCESSION BUILDING FOR LILAC PARK. h. (Page 248) PROCLAMATION-WORLD AIDS DAY 2012. i. (Page 249) PROCLAMATION -ELEVATOR ESCALATOR SAFETY AWARENESS WEEK. j. (Page 250) PROCLAMATION-NATIONAL GIS DAY. IX. PUBLIC HEARINGS:<* Designates Quasi-Judicial Hearing) a. *(Staff Report on Page 251, Ordinance on Page 285, Resolution on Page 289) ORDINANCE 28, 2012-(FIRST READING} REZONE THE EXISTING MCDONALD'S PROPERTY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.01 ACRES IN SIZE, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND SUNRISE DRIVE, WITH A STREET ADDRESS OF 3805 NORTHLAKE BOULEVARD, TO BE KNOWN AS THE MCDONALD'S PUD; PROVIDING THAT THIS PARCEL OF REAL PROPERTY WHICH IS MORE PARTICULARLY DESCRIBED HEREIN SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD} OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 98, 20121S A COMPANION ITEM TO ORDINANCE 28,2012 AND WILL REQUIRE COUNCIL ACTION AT SECOND READING. *RESOLUTION 98, 2012 -REZONE THE EXISTING MCDONALD'S PROPERTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MCDONALD'S PLANNED UNIT DEVELOPMENT (PUD) WITH SITE PLAN AND MAJOR CONDITIONAL USE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. (Page 338) RACE TO THE TOP PROGRAM XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Clerk's 0./free at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 1, 2012 7:00P.M. Mayor Levy Vice Mayor Premuroso Council Member Tinsley Council Member Russo Council Member Jablin I. / PLEDGE OF ALLEGIANCE II. ./ROLL CALL III. V ADDITIONS, DELETIONS, MODIFICATIONS: s-o IV /ANNOUNCEMENTS I PRESENTATIONS: a. PRESENTATION TO COMMISSIONER KAREN MARCUS IN HONOR OF 28 YEARS OF SERVICE AS DISTRICT I COUNTY COMMISSIONER V. /ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. /ciTY MANAGER REPORT: VII./cOMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) { ... Q VIII. CONSENT AGENDA: a. (Page 4) APPROVE MINUTES FROM OCTOBER 11 , 2012 CITY COUNCIL MEETING. b. (Staff Report on Page 8, Resolution on Page 10) RESOLUTION 87, 2012- SELECT A DATE FOR THE JANUARY 2013 REGULAR CITY COUNCIL MEETING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF THE REGULAR CITY COUNCIL MEETING FOR JANUARY 2013; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Staff Report on Page 15, Resolution on Page 17) RESOLUTION 92, 2012- DEDICATION OF THE KAREN MARCUS/SANDHILL CRANE PARK. A R~OLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH cs-~0 ~RDENS, FLORIDA RECOGNIZING AND COMMENDING THE HONORABLE -yo tv\,.,u'AYfloV~ KAREN T. MARCUS FOR HER SERVICE TO THE CITIZENS OF PALM BEACH t~ COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. fll¢cr0 s'o I d . (Staff Report on Page 20, Resolution on Page 40) RESOLUTION 95, 2012 - PLAT EXEMPTION PETITION LOCATED WITHIN PALOMA. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA APPROVING AN EXCEPTION TO THE REQUIREMENTS OF PLATTING FOR LOTS 116 AND 117 LOCATED WITHIN THE PALOMA PLANNED UNIT DEVELOPMENT (PUD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 52, Resolution on Page 57) RESOLUTION 96, 2012- EASEMENT FOR THE TREVI PLANNED UNIT DEVELOPMENT (PUD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A RESIDENTIAL ENTRY SIGN AND AN EASEMENT AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND KENNEDY HOMES LLC, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . f. (Staff Report on Page 76, Resolution on Page 78) RESOLUTION 99, 2012 - BIG HEART BRIGADE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ADDENDUM I TO THE AGREEMENT WITH THE BIG HEART BRIGADE, INC. FOR USE OF FACILITIES AND IN-KIND SUPPORT SERVICES IN IMPLEMENTING THE THANKSGIVING FEAST EVENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. g. (Page 94) PURCHASE AWARD FOR RESTROOM/CONCESSION BUILDING FOR LILAC PARK. h. (Page 248) PROCLAMATION-WORLD AIDS DAY 2012. i. (Page 249) PROCLAMATION -ELEVATOR ESCALATOR SAFETY AWARENESS WEEK. j. (Page 250) PROCLAMATION-NATIONAL GIS DAY . IX. PUBLIC HEARINGS: <* Designates Quasi-Judicial Hearing) a. *(Staff Report on Page 251, Ordinance on Page 285, Resolution on Page 289) ORDINANCE 28, 2012 -(FIRST READING) REZONE THE EXISTING MCDONALD'S PROPERTY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.01 ACRES IN SIZE, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND SUNRISE DRIVE, WITH A STREET ADDRESS OF 3805 NORTHLAKE BOULEVARD, TO BE KNOWN AS THE MCDONALD'S PUD; PROVIDING THAT THIS PARCEL OF REAL PROPERTY WHICH IS MORE PARTICULARLY DESCRIBED HEREIN SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. r RESOLUTION 98, 20121S A COMPANION ITEM TO ORDINANCE 28,2012 AND WILL REQUIRE COUNCIL ACTION AT SECOND READING. *RESOLUTION 98, 2012 -REZONE THE EXISTING MCDONALD'S PROPERTY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MCDONALD'S PLANNED UNIT DEVELOPMENT (PUD) WITH SITE PLAN AND MAJOR CONDITIONAL USE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. v"'TEMS FOR COUNCIL ACTION/DISCUSSION: a. (Page 338) RACE TO THE TOP PROGRAM XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to he based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. Please Print COMMENTS FROM THE PUBLIC Request to Address City Council Name: Cf\Fl.~M'fV' (; lffl.f~l {<. AddreS$: · 7fl£ H-CJ05.?d f?Jt'( Oe . . . c~: ~~~ ~c 3~~Y-'~D~--------------­ subject: I m p ~0 V£ 1'11 Erf/}5 lo c I rr fl-It l L ~01~ ~"f Jpo!<.~ ?1> &fort-lwlf ~~14~ ly't\\ c3Y\ .~V...J=&Mto.A. Ar-4 w~ Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print COMMENTS FROM THE PUBLIC Request to Address City Council ::::~, ~~d~t;eJnd 7-/ed ~< £i(kJ(}_~. City: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. CITY COUNCIL MEETING 11/01112 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS : NONE DELETIONS : MODIFICATIONS: UNDER CONSENT: 2 items: K. Proclamation for Pancreatic Cancer Awareness Month L. Resolution 97, 2 012-Easement Agreement for the Mandel Jewish Community Center (JCC) NONE NONE Jl/t/t 2.-~yt (o.N.Je.t"-~t!:~--n""J-· 1-~ ~~ ~ ~ a 'I ~o" LeYY·@ Tonie:ht we are holding quasi-judicial hearings on the following cases • *ORDINANCE 28, 2012-(FIRST READING) REZONE THE EXISTING MCDONALD'S PROPERTY. This means that the City Council is required by law to base its decision on the evidence contained in the record of this proceeding, which consists of the testimony at the hearing, the materials which are in the official City file on this application and any documents presented during this hearing. The Council is also required by law to allow cross-examination of any witnesses who testify tonight. Cross- examination may occur after the staff, the applicant and other participants have made their presentations and will be permitted in the order of the witnesses' appearance. It is necessary that anyone who testifies at the hearing remain until the conclusion of the hearing in order to be able to respond to any questions. If you plan to testify this evening, or wish to offer written comments, please fill out a card and give it to the City Clerk. The City Clerk will now swear in all persons who intend to offer testimony this evening on any of these cases. -------~----------------------------- Updated: 7:30p.m. Sunday, Oct. 28, 20121 Posted: 6:30p.m. Sunday, Oct. 28, 2012 Teachers, Palm Beach County school district can't agree, quash Race to the Top grant application By Allison Ross Palm Beach Post Staff Writer The Palm Beach County School District's goal to win a federal grant worth up to $40 million is over before the application was even submitted. The decision was made Sunday afternoon, after school officials and representatives from the county's teachers union could not come to an agreement over the Race to the Top grant proposal, according to a statement the district released Sunday evening. The Palm Beach County School Board had been expected to hold a special meeting Monday to vote on whether to approve the application, which would have been due Tuesday. That meeting has now been canceled. The grant required that both the county's teachers union and the school · board sign off on the application. Palm Beach County's is not the only district struggling with whether to apply for the federal grant. Nearly 900 districts across the country in August sent in notices that they they intend to file for a piece of the nearly $400 million in grants from the U.S. Department of Education. But since then, a number have fallen out of the running. For instance, Waterloo (Iowa) Community Schools decided not to compete after filing an intent to apply, saying it decided it was not as competitive as it would like to be. Meanwhile, school districts such as the Glendale (Calif.) Unified School District and the Los Angeles Unified School District are also making eleventh-hour decisions on whether to apply as they ntodegotiate with their respective teachers unions. It's expected that only 15 to 25 grants, worth $5 million to $40 million, will be handed out as part of this Race to the Top competition. Debra Wilhelm, president of the Classroom Teachers Association, said there simply wasn't enough time for all the questions and suggestions to be sorted out before the grant application was due. \. ., "We're not any worse o ff than we were before," Wilhelm said. She said the teachers union had been hopeful to get more money into the pockets of teachers with this grant, but that "there wasn't time to come to an agreement." "We're all part of the sam e district," Wilhelm said, adding that she hopes to work with the district again on securing grant money to help everyone in the district. District and union staff repeatedly have stressed that this latest district-level grant comp etition is different than the 2010 state-level Race to the Top grant that Florida applied for and go t. Back then, Palm Beach County was one of only a handful of districts in Florida that refused to support the state's application, after the county's teachers union said the money came with too many strings attached. That meant the district missed out on millions in additional money. "The primary thing is that this grant is the district's creation as opposed to something that was putlined by the state," said school board vice chairwoman Debra Robinson, who said Sunday she was disappointed the grant application is dead. Robinson said she believe s that there was miscommunication and misinformation amo ng some in the community over the grant proposal. And, she said, there may have been some continuing "post-traumatic stress" over 2010's Race to the Top competition. "The people that I heard from were people who were basically still a bit traumatized by the one- size-fits-all experience and were fearful that we were trying to go down that path again, which was definitely not the case," Robinson said. · PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, in 2012, an estimated 43,920 people will be diagnosed with pancreatic cancer in the United States and 37,390 will die from the disease; WHEREAS, pancreatic cancer is one of the deadliest cancers, is the fourth leading cause of cancer death in the United States, and is the only major cancer with a five-year relative survival rate in the single digits at just six percent; WHEREAS, when symptoms of pancreatic cancer present themselves, it is late stage, and 74 percent of pancreatic cancer patients die within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the frrst five years; WHEREAS, approximately 2670 deaths will occur in Florida in 2012, one of which Palm Beach Gardens own Denali Botolino who fought this disease courageously and with the love of his family, friends and support of the entire Palm Beach Gardens Community; WHEREAS, the incidence and death rate for pancreatic cancer are increasing and pancreatic cancer is anticipated to move from the fourth to the second leading cause of cancer death in the U.S. by 2020, and possibly as early 2015 ; WHEREAS, the Federal Government invests significantly less money in pancreatic cancer research than it does in any of the other leading cancer killers; and pancreatic cancer research constitutes only approximately 2 percent of the National Cancer Institute's federal research funding, a figure far too low given the severity of the disease, its mortality rate, and how little is known about how to arrest it; and WHEREAS, the Recalcitrant Cancer Research Act, formerly the Pancreatic Cancer Research & Education Act, requires that the National Cancer Institute develop a scientific framework for combating pancreatic cancer and other recalcitrant cancers; WHEREAS, the Pancreatic Cancer Action Network is the national organization serving the pancreatic cancer community in Palm Beach Gardens and nationwide through a comprehensive approach that includes public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; WHEREAS, the Pancreatic Cancer Action Network and its affiliates in Palm Beach Gardens support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; WHEREAS, the good health and well-being of the residents of Palm Beach Gardens are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; therefore be it NOW, THEREFORE, I David Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim November 2011 as: Pancreatic Cancer Awareness Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of City of Palm Beach Gardens, Florida, to be affixed on this r' day of ;o,rnw~nnPr in the Year Two Thousand and Twelve. Mayor David Levy CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the worldwide spread of mv infections and AIDS necessitates a worldwide effort of increased education and preventative action to stop AIDS; and WHEREAS the World Health Organization has established December 1st of each year as World AIDS Day, a day to expand and strengthen the worldwide effort to stop the spread oflllV/AIDS; and WHEREAS, lllV/AIDS does not discriminate between men, women, or children in the Palm Beach County area or throughout the world; and WHEREAS, the theme for lllV/ AIDS Awareness Week 2012 in Palm Beach County "Stop AIDS; Keep the Promise through Leadership;'' NOW, THEREFORE, I, David Levy, Mayor of the City of Palm Beach Gardens, Florida, do hereby declare December 2 through December 8, 2012, as: World AIDS Awareness Week And December 1, 2012 as: World AIDS Day I urge all citizens, government agencies, public and private institutions, schools, and businesses to take part in appropriate activities and observances designed to increase awareness and understanding oflllV/AIDS, to take part in IDV I AIDS education and prevention activities and programs, and to work to stop the spread of mv in our · worldwide. A ITE ST: -~ IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this JST day of November in the year Two Thousand and twelve. David Levy, Mayor Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the purpose of this week is to increase public awareness of the safe and proper use of elevators, escalators and moving walkways; and WHEREAS, the goal of this week is to reduce, through education and awareness, avoidable accidents; and WHEREAS, the elevator industry greatly contributes to the quality of life; and WHEREAS, this endeavor is worthy of support and cooperation to benefit the citizens, the general public and the short range vertical transportation; and NOW, THEREFORE, I, Mayor David Levy, do hereby proclaim November 11-17,2012 "ELEVATOR ESCALATOR SAFETY AWARENESS WEEIC' in the City of Palm Beach Gardens and I hereby urge all citizens in the City of Palm Beach Gardens to participate fully in this obseroance to improve our quality of life. A7M Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be afTo.ed this 1st Day of November, in the year Two Thousand and Twelve. David Levy, Mayor