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Agenda Council Agenda 100313
CITY OF PALM BEACH GARDENS COUNCIL AGENDA October 3, 2013 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: 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 5) APPROVE MINUTES FROM SEPTEMBER 10, 2013 CITY COUNCIL MEETING. b. (Page 13) CONTRACT AWARD TO TREASURE COAST IRRIGATION AND LANDSCAPE, LLC FOR IRRIGATION MAINTENANCE SERVICES. c. (Page 103) PURCHASE AWARD TO XEROX CORPORATION FOR THE LEASE OF MULTIFUNCTIONAL PRINTERS AND COPIERS. d. (Page 211) PROCLAMATION – READING AND LITERACY MONTH. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. (Staff Report on Page 212, Ordinance on Page 216) ORDINANCE 16, 2013 – (1ST READING CONTINUED) - TEXT AMENDMENT TO COMPREHENSIVE LAND USE PLAN. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TEXT AMENDMENT TO ITS COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED AMENDMENT TO THE CONSERVATION ELEMENT POLICY 6.1.4.5 TO PROVIDE AN EXEMPTION FOR ALL PUBLICLY OWNED LANDS; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES b. (Staff Report on Page 233, Ordinance on Page 235) ORDINANCE 19, 2013 – (1ST READING) - LAND DEVELOPMENT TEXT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMDENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SUBSECTION 79-158(d), READOPTING SAME, AS REVISED, AND ADOPTING NEW SUBSECTION (j) IN ORDER TO PROVIDE RELIEF FROM THIS SUBSECTION FOR PUBLICLY OWNED PLANNED DEVELOPMENTS AND TO PROVIDE CRITERIA FOR GRANTING SUCH RELIEF; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. *(Staff Report on Page 239, Ordinance on Page 277, Resolution on Page 281) ORDINANCE 17, 2013 - (2nd READING AND ADOPTION) - REZONING AND SITE PLAN APPROVAL. 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 0.80 ACRES IN SIZE, MORE OR LESS, LOCATED 500 FEET SOUTH OF THE INTERSECTION OF PGA BOULEVARD AND U.S. HIGHWAY ONE ALONG THE EAST SIDE OF U.S. HIGHWAY ONE, TO BE KNOWN AS THE CHASE BANK PLANNED UNIT DEVELOPMENT (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 COMMERCIAL GENERAL 1 (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 61, 2013 IS A COMPANION ITEM TO ORDINANCE 17, 2013 AND WILL REQUIRE COUNCIL ACTION. *RESOLUTION 61, 2013 – REZONING AND SITE PLAN APPROVAL. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE CHASE BANK PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN TO MODIFY THE EXISTING FAST- FOOD RESTAURANT TO ACCOMMODATE A BANK/FINANCIAL INSTITUTION WITH DRIVE-THROUGH; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. *(Staff Report on Page 304, Ordinance on Page 319) ORDINANCE 18, 2013 – (1ST READING) – VOLUNTARY ANNEXATION (FORMER CAPITAL LIGHTING BUILDING AND PARKING LOT). AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM BEACH GARDENS, FLORIDA EXPANDING THE CITY’S MUNICIPAL BOUNDARIES BY ANNEXING A PARCEL OF REAL PROPERTY COMPRISING A TOTAL OF 1.68 ACRES, MORE OR LESS, GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF I-95 AND NORTHLAKE BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING ARTICLE II OF THE CITY CHARTER TO REDEFINE THE CORPORATE LIMITS, PURSUANT TO A PETITION FOR VOLUNTARY ANNEXATION; DECLARING THAT THE VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE OF THE OWNERS OF THE REAL PROPERTY ANNEXED HEREBY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES e. *(Staff Report on Page 323, Resolution on Page 337) RESOLUTION 58, 2013 - WATERFORD HOTEL PLANNED UNIT DEVELOPMENT - ART IN PUBLIC PLACES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MODIFICATION TO THE ART IN PUBLIC PLACES FOR WATERFORD HOTEL PLANNED UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: 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 09-10-13 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 September 10, 2013 4 5 The regular meeting was called to order at 7:02 p.m. by Mayor Premuroso. 6 I. PLEDGE OF ALLEGIANCE 7 II. ROLL CALL 8 PRESENT: Mayor Premuroso, Vice Mayor Jablin, Council Member Russo, Council Member 9 Tinsley, Council Member Levy. 10 ABSENT: None. 11 III. ADDITIONS, DELETIONS, MODIFICATIONS 12 None. 13 IV. ANNOUNCEMENTS AND PRESENTATIONS 14 None. 15 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 16 Vice Mayor Eric Jablin: reported Ben Grisafi passed away Thursday, September 5, 2013, and 17 asked for a moment of silence; met with representatives from the All Aboard Florida and the 18 Florida East Coast Railroad Industries (FECI); congratulated Serena Williams on her back-to-19 back victory at the U.S. Open, her 17th Grand Slam title; announced the 11th year of the Green 20 Market will open Sunday, October 6th and thanked staff; announced Ben Grisafi’s Combo will 21 be playing on opening day. 22 Council Member Marcie Tinsley: announced her thoughts and prayers to Ben Grisafi’s family; 23 attended the North Chamber Business Before Hours Breakfast; League of Cities Meeting in 24 Riviera Beach; The Women’s Business Event at Frenchman’s Reserve; The Kiwanis Football 25 Roast; Grand Opening of the Jewish Community Center and thanked staff for helping them meet 26 their deadline; met with the President of The Steeplechase Community regarding the Bee-Line 27 Highway Expansion. 28 Council Member David Levy: announced the September 11th Memorial and suggested visiting 29 the City’s 9/11 Memorial at Fire Station #3; September 11th is also good neighbor day at Flower 30 Kingdom. 31 Mayor Robert Premuroso: attended the Palm Beach Gardens Youth Athletic Association 32 Annual Board meeting on September 9, 2013 and thanked staff for being there; will attend the 33 St. Mark’s Episcopal Church and School Ground Shaking event on September 15th; the Palm 34 Beach Gardens Historical Society Meeting on September 17th; the Ribbon Cutting on the 35 opening day for Soccer, September 14th. 36 VI. CITY MANAGER REPORT 37 a. PRESENTATION OF THE BRIDGE REFURBISHMENT PROGRAM. 38 City Engineer, Todd Engle Provided an overview of the Bridge refurbishment program; 39 provided an update on the 40th Terrace and Sunset Drive Project. 40 City Manager, Ronald Ferris reported in November the Fire Rescue Department will be 41 conducting hands on training for employees to be certified in both AED and CPR; provided an 42 update on the renovations at the golf course. 43 VII. COMMENTS FROM THE PUBLIC 44 Steve Mathison, 5606 PGA Blvd., Palm Beach Gardens. 45 VIII. CONSENT AGENDA 46 a. TENNIS CONTRACTOR – DUE TO THE SUCCESS OF THE TENNIS PROGRAM, HUY 47 NGUYEN EXPECTS TO EXCEED THE CONTRACT THRESHOLD OF $65,000.00 FOR 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 09-10-13 FISCAL YEAR 2013-2014. MR. NGUYEN HAS MADE IT POSSIBLE FOR THE CITY TO 1 EARN ADDITIONAL REVENUES DUE TO HIS PROFESSIONAL EXPERTISE AND 2 POPULARITY WITH PATRONS. 3 b. PURCHASE AWARD UNDER ITB2013-019PW FOR REPAIRS OF BRIDGE AT 4 LIGHTHOUSE DRIVE. 5 c. PURCHASE AWARD UNDER A2013-024PF PIGGYBACK AGREEMENT FOR THE 6 PURCHASE OF JANITORIAL SUPPLIES AND CHEMICALS. 7 d. PROCLAMATION – NATIONAL SICKLE CELL MONTH. 8 Vice Mayor Jablin made a motion for approval of the Consent Agenda. 9 Council Member Levy seconded. 10 Motion passed 5-0. 11 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 12 Those preparing to give testimony were sworn in. 13 a. PRESENTATION OF THE FISCAL YEAR 2013/2014 BUDGET. 14 Finance Administrator, Allan Owens provided a presentation on the Fiscal Year 2013-2014 15 Budget; and introduced the members of the Budget Oversight Committee. 16 Budget Oversight Committee Chairman, Dr. Mark Marciano presented the Budget 17 Oversight Committee Annual Report. 18 The City Clerk read Ordinance 15, 2013 by title. 19 b. ORDINANCE 15, 2013 – (1ST READING) ADOPTING FISCAL YEAR 2013/2014 20 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 21 GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH 22 GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2013, AND ENDING 23 SEPTEMBER 30, 2014; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY 24 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 25 Mayor Premuroso opened the public hearing. 26 Public comment: None. 27 Mayor Premuroso closed the public hearing. 28 Vice Mayor Jablin made a motion to adopt a proposed operating millage rate of 5.7404 mills 29 and debt millage rate of .1733 for a total tentative rate of 5.9137 mills for fiscal year 2013-2014. 30 Council Member Russo seconded. 31 Motion passed 5-0. 32 Vice Mayor Jablin made the announcement declaring that the proposed rate exceeds the roll-33 back rate by 2.4% and made a motion for approval of Ordinance 15, 2013 on 1st Reading, 34 adopting a tentative budget for fiscal year 2013/2014 and setting the second and final reading for 35 September 19, 2013 at 7:00p.m. in the Council Chambers. 36 Council Member Russo seconded. 37 Motion passed 5-0. 38 The City Clerk read Ordinance 11, 2013 by title. 39 c. ORDINANCE 11, 2013 – (2nd READING AND ADOPTION) CITY INITIATED LDR TEXT 40 AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 41 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. AT 42 SECTION 78-54. PUBLIC NOTICE. BY REPEALING TABLE 4: REQUIRED PUBLIC 43 NOTICE, SUBSECTIONS (b)(2), and (b)(8) AND READOPTING SAME, AS REVISED; 44 FURTHER AMENDING CHAPTER 78. BY REPEALING SECTIONS 78-141, 78-144, AND 45 78-153 AND READOPTING SAME, AS REVISED FOR INTERNAL CONSISTENCY; 46 AMENDING SECTION 78-158. WAIVERS TO PLANNED DEVELOPMENT DISTRICT 47 REQUIREMENTS. BY REPEALING TABLE 20 AND READOPTING SAME, AS REVISED; 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 09-10-13 FURTHER AMENDING CHAPTER 78. AT SECTION 78-159. PERMITTED USES, MINOR 1 AND MAJOR CONDITONAL USES, AND PROHBITED USES. BY AMENDING TABLE 2 21 AND REPEALING SUBSECTION (h) AND READOPTING SAME, AS REVISED; 3 AMENDING SECTION 78-181. USES. BY REPEALING SUBPARAGRAPH (c)(4)e. AND 4 READOPTING SAME, AS REVISED; AMENDING SECTION 78-182. LIGHTING 5 REGULATIONS. BY REPEALING SUBSECTION (e) AND READOPTING SAME, AS 6 REVISED; AMENDING SECTION 78-186. YARDS. BY REPEALING SUBSECTION (b) 7 AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY 8 ADOPTING NEW SECTION 78-195, TO BE ENTITLED “MECHANICAL AND SERVICE 9 EQUIPMENT SCREENING.”; AMENDING SECTION 78-284. PROHIBITED SIGNS AND 10 PROHIBITED SIGN LOCATIONS. BY REPEALING SUBSECTION (g) AND 11 READOPTING SAME, AS REVISED; AMENDING SECTION 78-285. PERMITTED SIGNS. 12 BY AMENDING TABLE 24; FURTHER AMENDING CHAPTER 78. AT SECTION 78-290. 13 TEMPORARY SIGNS ALLOWED. BY AMENDING TABLE 25; FURTHER AMENDING 14 CHAPTER 78. BY REPEALING SECTION 78-319. MINIMUM LANDSCAPE BUFFER AND 15 PLANTING REQUIREMENTS. AND READOPTING SAME, AS REVISED; AMENDING 16 SECTION 78-364. NUMBER OF LOADING SPACES REQUIRED. BY REPEALING THE 17 NOTE TO TABLE 35 AND READOPTING SAME, AS REVISED; FURTHER AMENDING 18 CHAPTER 78. BY REPEALING SECTION 78-377. MECHANICAL AND SERVICE 19 EQUIPMENT SCREENING. IN ITS ENTIRETY AND RESERVING SAME FOR FUTURE 20 LEGISLATION; AMENDING SECTION 78-493. STREET NAMES. BY ADOPTING NEW 21 SUBSECTION (e); AMENDING SECTION 78-714. NONCONFORMING USES OF LAND. 22 BY REPEALING SUBSECTION (c) AND READOPTING SAME, AS REVISED; 23 AMENDING SECTION 78-751. DEFINITIONS. BY AMENDING THE DEFINITIONS OF 24 “DUMPTERS”, “HARDSCAPE”, “MECHANICAL EQUIPMENT”, “SIGN, WALL”, AND 25 BY ADOPTING NEW DEFINITIONS FOR “COUNSELING SERVICE”, “MAINTENANCE 26 TRACT”, AND “MICROBREWERY/CRAFT BREWERY/BREW PUB”; PROVIDING THAT 27 EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND 28 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY 29 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 30 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 31 PURPOSES. 32 Mayor Premuroso opened the public hearing 33 Staff Presentation: Planning and Zoning Director, Natalie Crowley. 34 Public Comment: None. 35 Mayor Premuroso closed the public hearing. 36 Vice Mayor Jablin made a motion for approval of Ordinance 11, 2013 on 2nd reading and 37 adoption. 38 Council Member Levy seconded. 39 Motion passed 5-0. 40 The City Clerk read Ordinance 12, 2013; Resolution 55, 2013; Resolution 56, 2013 by title. 41 d. *ORDINANCE 12, 2013 – (2nd READING AND ADOPTION) GARDENIA ISLES 42 PROJECT AT THE TRINITY CHURCH. AN ORDINANCE OF THE CITY COUNCIL OF 43 THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL 44 PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH 45 GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 7.72 46 ACRES IN SIZE, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF 47 MILITARY TRAIL AND GARDENIA DRIVE, TO BE KNOWN AS THE GARDENIA ISLES 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 09-10-13 PLANNED UNIT DEVELOPMENT (PUD); PROVIDING THAT THIS PARCEL OF REAL 1 PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE 2 ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT 3 (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF RESIDENTIAL 4 LOW DENSITY 3 (RL-3); PROVIDING THAT THE ZONING MAP OF THE CITY OF 5 PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS 6 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 7 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 8 Mayor Premuroso Opened the public hearing. 9 Mayor Premuroso asked for any ex parte. 10 None. 11 Public Comment: None. 12 Mayor Premuroso Closed the public hearing. 13 Vice Mayor Jablin made a motion for approval of Ordinance 12, 2013 on 2nd reading and 14 adoption. 15 Council Member Levy seconded. 16 Motion passed 5-0. 17 RESOLUTION 55, 2013 IS A COMPANION ITEM TO ORDINANCE 12, 2013 AND 18 WILL REQUIRE COUNCIL ACTION. 19 *RESOLUTION 55, 2013 - GARDENIA ISLES PROJECT AT THE TRINITY CHURCH. A 20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 21 FLORIDA APPROVING THE GARDENIA ISLES PLANNED UNIT DEVELOPMENT 22 (PUD) AND SITE PLAN TO ALLOW THE CONSTRUCTION OF 21 SINGLE-FAMILY 23 HOMES; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; 24 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 25 Mayor Premuroso announced the Clerk previously read the title. 26 Mayor Premuroso opened the public hearing. 27 Mayor Premuroso asked for any ex parte. 28 None. 29 Staff Presentation: Planning and Zoning Director, Natalie Crowley. 30 Public Comment: None. 31 Mayor Premuroso closed the public hearing. 32 Vice Mayor Jablin made a motion for approval of Resolution 55, 2013. 33 Council Member Tinsley seconded. 34 Motion passed 5-0. 35 RESOLUTION 56, 2013 IS A COMPANION ITEM TO ORDINANCE 12, 2013 AND 36 WILL REQUIRE COUNCIL ACTION. 37 *RESOLUTION 56, 2013 - GARDENIA ISLES PROJECT AT THE TRINITY CHURCH. A 38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 39 FLORIDA APPROVING AN AMENDMENT TO THE TRINITY UNITED METHODIST 40 CHURCH MASTER PLAN TO REMOVE THE APPROVED FUTURE DEVELOPMENT 41 PHASES, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS 42 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 43 Mayor Premuroso announced the Clerk previously read the title. 44 Mayor Premuroso opened the public hearing. 45 Mayor Premuroso asked for any ex parte. 46 None. 47 Staff Presentation: None. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 09-10-13 Public Comment: None. 1 Mayor Premuroso Closed the public hearing. 2 Vice Mayor Jablin made a motion for approval of Resolution 56, 2013. 3 Council Member Tinsley seconded. 4 Motion passed 5-0 5 The City Clerk read Ordinance 13, 2013 by title. 6 e. ORDINANCE 13, 2013 – (1ST READING) AMENDING FISCAL YEAR 2012/2013 7 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 8 GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET 9 FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 10 30, 2013, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 11 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 12 FOR OTHER PURPOSES. 13 Mayor Premuroso opened the public hearing. 14 Staff Presentation: Finance Administrator, Allan Owens. 15 Public Comment: None. 16 Mayor Premuroso Closed the public hearing. 17 Vice Mayor Jablin made a motion for approval of Ordinance 13, 2013 on 1st reading. 18 Council Member Russo seconded. 19 Motion passed 5-0 20 The City Clerk read Ordinance 14, 2013 by title. 21 f. ORDINANCE 14, 2013 – (1ST READING) - AUTHORIZING PERMITTED INVESTMENT 22 SELECTION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 23 BEACH GARDENS, FLORIDA AMENDING THE CITY CODE OF ORDINANCES AT 24 CHAPTER 2. ADMINISTRATION. AT ARTICLE V. FINANCE. DIVISION 2. FUNDS. BY 25 REPEALING SECTION 2-311. INVESTMENT POLICY AND READOPTING SAME, AS 26 REVISED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 27 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 28 PURPOSES. 29 RESOLUTION 54, 2013 IS A COMPANION ITEM TO ORDINANCE 14, 2013 AND 30 WILL REQUIRE COUNCIL ACTION AT SECOND READING. 31 RESOLUTION 54, 2013 - APPROVING AN AMENDED INVESTMENT POLICY. A 32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 33 FLORIDA REPEALING ALL PREVIOUSLY ADOPTED INVESTMENT POLICIES AND 34 READOPTING A REVISED INVESTMENT POLICY AND PROCEDURES FOR 35 IMPLEMENTING SAME; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 36 PURPOSES. 37 Mayor Premuroso opened the public hearing. 38 Staff Presentation: Finance Administrator, Allan Owens. 39 Petitioner: Scott Stitcher, PFM Asset Management. 40 Public comment: None. 41 Mayor Premuroso closed the public hearing. 42 Vice Mayor Jablin made a motion to approve Ordinance 14, 2013 on 1st reading. 43 Council Member Russo seconded. 44 Motion passed 5-0. 45 The City Clerk read Ordinance 16, 2013 by title. 46 g. ORDINANCE 16, 2013 – (1ST READING) TEXT AMENDMENT TO COMPREHENSIVE 47 LAND USE PLAN. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 09-10-13 BEACH GARDENS, FLORIDA ADOPTING A TEXT AMENDMENT TO ITS 1 COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH THE MANDATES SET 2 FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET 3 SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED AMENDMENT TO 4 THE CONSERVATION ELEMENT POLICY 6.1.4.5 TO PROVIDE AN EXEMPTION FOR 5 ALL PUBLICLY OWNED LANDS; PROVIDING FOR COMPLIANCE WITH ALL 6 REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR 7 TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY 8 (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 9 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 10 PURPOSES. 11 Mayor Premuroso opened the public hearing. 12 Staff Presentation: Director of Planning and Zoning, Natalie Crowley. 13 Public Comment: Vito DeFrencisco, 1049 Shady Lakes Circle, Palm Beach Gardens. 14 Mayor Premuroso closed the public hearing. 15 Discussion ensued. 16 Mayor Premuroso re-opened the public hearing. 17 Vice Mayor Jablin made a motion for the Ordinance 16, 2013 public hearing be continued to a 18 date certain of October 3, 2013. 19 Council Member Levy seconded. 20 Motion passed 5-0. 21 The City Clerk read Ordinance 17, 2013 by title. 22 h. *ORDINANCE 17, 2013 - (1ST READING) REZONING AND SITE PLAN APPROVAL. 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 24 FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS 25 OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF 26 REAL PROPERTY TOTALING 0.80 ACRES IN SIZE, MORE OR LESS, LOCATED 500 27 FEET SOUTH OF THE INTERSECTION OF PGA BOULEVARD AND U.S. HIGHWAY 28 ONE ALONG THE EAST SIDE OF U.S. HIGHWAY ONE, TO BE KNOWN AS THE CHASE 29 BANK PLANNED UNIT DEVELOPMENT (PUD); PROVIDING THAT THIS PARCEL OF 30 REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL 31 BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT 32 DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION 33 OF COMMERCIAL GENERAL 1 (CG-1); PROVIDING THAT THE ZONING MAP OF THE 34 CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A 35 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 36 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 37 Mayor Premuroso opened the public hearing. 38 Mayor Premuroso asked for any ex parte. 39 None. 40 Petitioner: Paul Roberts, Core States Group. 41 Staff Presentation: Senior Planner, Peter Hofheinz. 42 Public Comment: None. 43 Mayor Premuroso closed the public hearing. 44 Vice Mayor Jablin made a motion to approve Ordinance 17, 2013 on 1st reading. 45 Council Member Tinsley seconded. 46 Motion passed 5-0. 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 09-10-13 RESOLUTION 61, 2013 IS A COMPANION ITEM TO ORDINANCE 17, 2013 AND 1 WILL REQUIRE COUNCIL ACTION AT SECOND READING. 2 *RESOLUTION 61, 2013 – REZONING AND SITE PLAN APPROVAL. A RESOLUTION 3 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA 4 APPROVING THE CHASE BANK PLANNED UNIT DEVELOPMENT (PUD) AND SITE 5 PLAN TO MODIFY THE EXISTING FAST-FOOD RESTAURANT TO ACCOMMODATE A 6 BANK/FINANCIAL INSTITUTION WITH DRIVE-THROUGH; PROVIDING WAIVERS; 7 PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND 8 FOR OTHER PURPOSES. 9 X. RESOLUTIONS 10 None. 11 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 12 Discussion ensued regarding expanding domestic partner benefits. 13 XII. CITY ATTORNEY REPORT 14 City Attorney Lohman advised we won the Federal Lawsuit regarding Club Zia. 15 16 17 18 19 (The remainder of this page intentionally left blank.) 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 8 09-10-13 XIII. ADJOURNMENT 1 Vice Mayor Jablin made a motion to adjourn. 2 Council Member Levy seconded. 3 Motion passed 5-0. 4 The meeting adjourned at 9:44 p.m. 5 The next regularly scheduled City Council meeting will be held September 19, 2013. 6 APPROVED: 7 8 9 10 Robert G. Premuroso, Mayor 11 12 13 14 Eric Jablin, Vice Mayor 15 16 17 18 Joseph R. Russo, Council Member 19 20 21 22 Marcie Tinsley, Council Member 23 24 25 26 David Levy, Council Member 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 on the City Website or from the Office of the City Clerk. 46 All referenced attachments are on file in the Office of the City Clerk. 47 PALM BEACH GARDENS ':4 unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITTAL 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 DemandS tar, Public Purchase, the City's Purchasing webpage {Vendors List), and the Office of the City Clerk. 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: Invitation to Bid TITLE: Irrigation Maintenance Services DATE ADVERTISED: 6/30/2013 WAS SOLICITATION OPENLY COMPETED? Yes FUNDING ACCOUNT INFORMATION: 001.2080.519.4600 CONTRACT TERM: Five (5) years VENDOR(S): Treasure Coast Irrigation and Landscape, LLC CONTRACT NO.: ITB2013-023PF DEPARTMENT: Parks and Public Facilities BIDS/PROPOSALS DUE DATE: 8/2/2013 RESPONSES RECEIVED: Two (2) CONTRACT VALUE: One Hundred Twenty-Five Thousand Dollars ($125,000) for the Five-(5) year term of the agreement OPTIONS TO RENEW: None BACKGROUND: This agreement will allow the City to purchase maintenance, repair, and servicing of landscape irrigation systems installed at 14 locations throughout Palm Beach Gardens. The monthly maintenance service includes supervising and operating the system, performing repairs and replacing parts, removing trash and debris, monthly wet checks, adjusting valves and heads, maintaining proper elevations, etc. The previous agreement was awarded to a Miami-based vendor whose services the City subsequently terminated for non-performance. The contractor recommended for award is Treasure Coast Irrigation and Landscape, LLC (TCI), a Hobe Sound-based company. The monthly price offered by TCI is more than $3,000 lower than the price offered by the next bidder. COMMENTS: Treasure Coast Irrigation is a well-established company in the landscape irrigation installation and maintenance business. The company has several highly qualified technicians and the resources to perform the services required by the City. A Responsibility Review uncovered no negative information on the company or its principals. While the company is not accredited by the Better Business Burea it has no laints stered with that R. Max Lohman Allan Owens Km!Ra 0 NOT APPROVED 0 DEFERRED DATE PALM B i ACH GARDENS ':d IUiique pia« to live, w.rm. wort tl play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR IRRIGATION MAINTENANCE SERVICES AGREEMENT NO. ITB2013-023PF THIS AGREEMENT is made and entered into this __ day of _______ , 2013 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Treasure Coast Irrigation and Landscape, LLC, a Florida limited liability company (hereinafter referred to as "Contractor"), whose principal address is 7900 SE Bridge Road , Hobe Sound , Florida 33455. WHEREAS, the City wishes to retain the services of the Contractor to provide the goods and services in accordance with the City's Invitation to Bid No. ITB2013-023PF and the Contractor's response thereto, both of which are attached hereto and incorporated herein as Exhibit "A ". NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth , the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms an d conditions of this Agreement shall include and incorporate the terms , conditions , and specifications set forth in the City's Invitation to Bid No. 201 3- 023PF and the Contractor's response to the Invitation to Bid , including all documentation requ ired thereunder, and the revised list of locations subsequent to the opening of bids. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the City's Invitation to Bid, attached hereto as Exhibit "A ", specifically , irrigation maintenance services, including the supply of replacement parts, for several locations throughout the City of Palm Beach Gardens. Page 11 of 4 ARTICLE 3. PAYMENT City of Palm Beach Gardens ITB2013-023PF Ir rigation Maintenance Services The City shall pay the Contractor for work performed , on a monthly basis , according to the specifications of the ITB, and based on the rates and prices shown in the Pricing Schedule, which is attached hereto and incorporated herein as Exhibit "B". 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 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required , contemplated, or permitted under this Agreement 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: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Pa lm Beach Gardens, Florida 33410 Attn : City Attorney Email: bchabre@pbgfl.com As to the Contractor: Treasure Coast Irrigation and Landscape, LLC 7900 SE Bridge Road Hobe Sound, Florida 33455 Attn : Gary Gleichman Email: garvg@tcirrigation .com b . 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. ARTICLE 5 . TERM The term of this Agreement shall be from the effective date until September 30, 20 18 , unless terminated earlier as provided for in Article 6 . Page 12 of 4 ARTICLE 6. TERMINATION City of Palm Beach Gardens ITB2013-023PF Irrigation Maintenance Services 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 7. COMPENSATION The City's estimated expenditure under this Agreement is One Hundred and Twenty Five Thousand Dollars ($125,000). Notwithstanding the estimated expenditure, both parties hereby acknowledge that this Agreement is a requirements agreement and that the City shall obtain services on as as-needed basis as determined by the City. Accordingly, the City does not guarantee to the Contractor that any amount will be spent during the term of this Agreement. ARTICLE 8. 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 relating to 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. ARTICLE 9. 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. (The remainder of this page intentionally left blank) Page 13 of 4 City of Palm Beach Gardens ITB2013-023PF Irrigation Maintenance Services IN WITNESS WHEREOF, the parties have executed this Agreement on the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA By: ______ =---=.....,.._----=------ Robert G. Premuroso, Mayor ATTEST: By:, ___________ _ Patricia Snider, CMC, City Clerk G:\attorney_share\AGREEMENTS\Treasure Coast Irrigation -ITB2013-023PF Agreement for irrigation maintenance svcs.docx Page 14 of4 EXHIBIT "A" City of Palm Beach Gardens ITB2013-023PF Irrigation Maintenance Services PALM BEACH GAIDENS ... llllique pmc.to Iitie, IHnf. wort & play~ City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PUBLIC NOTICE-RECOMMENDATION TO AWARD DATE: August 21, 2013 SOLICITATION NO.: ITB2013-023PF TITLE: Irrigation Maintenance Services Notice is hereby given that the City of Palm Beach Gardens has completed Its evaluation of offers/proposals received for the above-mentioned solicitation. The City Manager or designee has recommended award of the contract to the following bidder/proposer: NAME OF VENDOR: ESTIMATED CONTRACT VALUE: CONTRACT TERM: Per: TREASURE COAST IRRIGATION AND LANDSCAPE, LLC One Hundred and Twenty Five Thousand Dollars ($125,000) for the contract term. Five (5) Years ~~ ~~ CPPO, CPPB, C.P.M., CAP-OM Purchasing and Contracts Director c: Patty Snider, CMC City Clerk Cllrof ___ _ ancl F.cllltffl, tNs lomior'l w•• inactYtmntty ~ alrtady 5ftc:ludM m ttem F, and should be dfleted from ttern H. .... DkTE: July 19, 2013 PAlW BBACH GA~DBNS "A lllllqw ~"' ,._ -... -* & """. CJty of Palm Beach Gardens 10500 North Military Trail Palm Beach Ga rden s, FL 33410 PRE-PROPOSAL/PRE-BID CONFERENCE SIGN-IN SHEET SOUCITATION: ITB2013-D23PR, Irrigation Maintenance Services Date: Solicitation No.: Title: PAlM BEACH GARDENS "A llllkple piau to live, km, Wid & play" City Of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PUBLIC NOTICE-PRE-BID CONFERENCE July9, 2013 ITB2013-023PF Irrigation Maintenance Services The City of Palm Beach Gardens gives public notice that a Pre-Bid Conference for the above- referenced Invitation to Bid will be held as follows: Friday, July 19, 2013 lO:OOAM City Hall Council Chambers 10500 N Military Trail Palm Beach Gardens, Fl33410 As required by Florida Statutes, a rt!cording of the meeting will be created and made available to anyone requesting a copy through the Office of the City Clerk. Per: K.l ~, CPPO, CPPB, C.P.M., CAP-OM Purchasing and Contracts Director c: Patty Snider, CMC City Clerk ITB NO.: ITB2013·023PF DUE DATE: FRIDAY, AUGUST 2, 2013 INSTRUCTIONS PALM BEACH GARDENS uA unique p/Dee to live, team, W1ri: & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach GardeM, FL 33410 PURCHASING DEPARTMENT INVITATION TO BID TITLE: IRRIGATION MAINTENANCE SERVICES TIME: 3:00PM Sealed bids must be received on or before the due date and time (local time) at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All bids will be publicly opened at City Hall. Each bid submitted to the City Clerk shall have the followlnelnformation clearly marked on the face of the envelope: the bidder's name, return address, ITB number, due date for bids, and the title of the bid. Included in the envelope shall be one (1) orieinal and two (2) copies of the bid, and one (1) electronic version on CD. The original should be marked "ORIGINAL". Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). BROADCAST The City of Palm Beach Gardens utilizes electronic online services for notification and distribution of its solicitation documents. The City's solicitation information can be obtained from: a) Public Pun:hase -Please contact Public Purchase at support@publicpurchase.com : www.publicpurchase.com : or call 801-932-7000 for additional Information on registration; b) DemandStar -Please contact DemandStar at www.demandstar.com or by calling them at 1-800-711-1712; c) The City's Vendor List-The City ematls all advertised solicitations to vendors which have joined the City's Vendor list. To join the City's Vendor list, please visit the City's Purchasin& webpage at http:Uwww.pbgfl.com/content/72/12485/default.aspx and click on the "Join Vendor list" link. Bidders who obtain solicitations from sources other than those named above are cautioned that the Invitation to Bid package may be incomplete. The City will not evaluate Incomplete bid packages. DemandStar and Public Purchase are Independent entities and are not agents or representatives of the City. Communications to these entities do not constitute communications to the City. The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websltes. In the event of any discrepancy between Information on these websltes and the hard copy solicitation documents, the terms and conditions of the hardcopy documents will prevail. CONTACT PERSON Any questions regarding the specifications and solicitation process must be submitted in writing to the Purchasing Department for the Purchasing and Contracts Director at kmra@pbgfl.com . To atlow enough time for the City to respond, requests for clarification and additional information should be received at least fortv-eight (48) hours before the Due Date for bids. Name of Bidder Page 11 ~---------~-------------------------------, PALM BEACH GARDENS "A •nJque place to live, leom. wort & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Fl33410 LEGAL ADVERTISEMENT INVITATION TO BID NO. ITB2013-Q23PF IRRIGATION MAINTENANCE SERVICES City of Palm Beach Gardens IT82013-023PF lrri&ation Maintenance Services The City of Palm Beach Gardens is seeking bids from qualified firms to provide maintenance and repair services on landscape Irrigation systems, In accordance with the terms, conditions, and specifications contained in this Invitation to Bid. Invitation to Bid documents are available beginning Monday, July 1, 20B, at 8:00 a.m. local time on the City of Palm Beach Gardens website at http:Uwww.pbgfl.com and following the links for DemandStar or Public Purchase, or by contacting the City Clerk's Office at (561) 799-4121. Sealed bids must be dearly marked "ITB2013-Q23PF, lrrigation Maintenance Services" and delivered to the Office of the City Clerk at 10500 North Military Trail, Palm Beach Gardens, Florida 33410. The deadline for submission of bids Is Friday, August 2, 2013 at 3:00p.m. local time. At that time, the bids will be publiCly opened and read aloud at City Hall, 10500 North Military Tr.til, Palm Beach Gardens, Florida 33410. Late bids will not be accepted and will be returned to the sender unopened. The City will hold a Pre-Bid Conference on Friday, July 19, 2013 at City Hall, City of Palm Beach Gardens, starting promptly at 10:00 a.m. Attendance Is recommended, but not mandatory. It Is the responsibility of the bidder to ensure all pages are included in the submission. All bidders are advised to closely examine the solicitation packaae. Any questions regarding the completeness or substance of the solicitation package or the &oods or services must be submitted In writing via email or fax to Kml Ra, Purchasing and Contracts Director, kmra@pbgfl.com or (561) 799-4134. The City of Palm Beath Gardens is exempt from Federal and State Taxes for tangible personal property tax. The City of Palm Beach Gardens reserves the right to accept or reject any or all bid submittals, in whole or In part, with or without cause, to waive any Irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the City. CITY OF PALM BEACH GARDENS Patricia Snider, CMC, City Clerk Publish: Palm Beach Post Sunday, June 30, 2013 Page I 2 TAB LE OF CO NTENTS SECTION 1. General Terms and Conditions 2. Special Terms and Conditions 3. Technical Specifications, Statement of Work, or Scope of Services 4. Pricing Schedule 5. Acknowledgement of Addenda 6. Signature Page 7. Affidavits 8. Draft Form of Agreement 9. Exhibits (if applicable) Page 13 City of Palm Beach Gardens IT82013-023PF lrrflatlon Maintenance Services PAGE 4 18 23 26 28 29 30 35 38 SECTION 1 GENERAL TERMS AND CONDITIONS City of Palm Beach Gardens ITB20U-023PF lrrilatlon Maintenance Services 1.1 DEFINITIONS a. Bid: any offer(s) submitted in response to an Invitation to Bid. b. Bidder: person or firm submitting a Bid In response to an Invitation to Bid. c. Bid Solicitation or Invitation to Bid: addenda. this solicitation documentation, including any and all d. Bid Submittal Form: describes the goods or services to be purchased, and must be completed and submitted with the Bid. e. City: shall refer to the City of Palm Beach Gardens, Florida. f. Contract or Agreement: the Invitation to Bid, all addenda issued thereto, all affidavits, the signed agreement, and all related documents which comprise the totality of the contract or agreement between the Cjty and the Bidder. g. Contractor: successful Bidder or Bidder who is awarded a contract to provide goods or services to the City. h. Invitation to Bid: formal request for bids from qualified Bidders. i. Purchasing Department: the Purchasing Department of the City of Palm Beach Gardens, Florida. j. Responsible Bidder: a Bidder which has the capability In all respects to perform in full the contract requirements, as stated in the Invitation to Bid, and the lntegrjty and reliability that will assure good-faith performance. k. Responsive Bidder: a Bidder whose bid conforms in all material respects to the terms and conditions included in the Invitation to Bid. 1.2 CONE OF SILENCE Pursuant to Section 2-355 of the Palm Beach County Ordinance No. 2011-039, and the purchasing policies of the City of Palm Beach Gardens, all solicitations, once advertised and until the appropriate authority has approved an award recommendation, are under the NCone of Silence". This limits and requires documentation of communications between potential bidders and/or bidders on City solicitations, the City's professional staff, and the Cjty Council members. 1.3 ADDENDUM Pase 14 The Purchasing Department may issue an addendum in response to any inquiry received, prior to the close of the solicitation period, which changes, adds, or clarifies the terms, provisions, or requirements of the solicitation. The Bidder should not rely on any representation, statement, or explanation, whether written or verbal, other than those made in the solicitation document City of Palm leach Gardens IT82013-023PF lrrilatlon Maintenance Services or in the addenda lssued. Where there appears to be a conflict between the solidtation and any addenda, the last addendum issued shall prevaiL It is the vendor's responsibility to ensure receipt of all addenda, and any accompanying documentation. The vendor is required to submit with Its bid or bid a signed "Acknowledgment of Addenda" form, when any addenda have been issued. 1.4 lEGAl REQUIREMENTS This solicitation is subject to all legal requirements contained in the applicable City Ordinances and Resolutions, as well as all applicable City, State, and Federal Statutes. Where conflict exists between this Bid Solicitation and these legal requirements, the authority shall prevail in the following order: Federal, State, and local. 1.5 CHANGE OF BID Prior to the scheduled Bid opening a Bidder may change Its Bid by submitting a new Bid (as inditated on the cover page) with a letter on the firm's letterhead, signed by an authorized agent stating that the new submittal replaces the original submittal. The new submittal shall contain the letter and all information as required for submitting the original Bid. No changes to a Bid will be accepted after the Bid has been opened. 1.6 WITHDRAWAl OF BID A Bid shall be irrevocable unless the Bid is withdrawn as provided herein. Only a written letter received by the Purchasing Department prior to the Bid opening date may withdraw a bid. A bid may also be withdrawn ninety (90) days after the Bid has been opened and prior to award, by submlttin1 a letter to the Purchasing and Contracts Director. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Bidder. 1.7 CONFLICTS WITHIN THE BID SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Form, or any addendum Issued, the order of precedence shall be: the last addendum issued, the Bid Submittal Form, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 1.8 PROMPT PAYMENliTERMS It ~ the policy of the City of Palm Beach Gardens that payment for all purchases by City departments shall be made in a timely manner. The City will pay the awarded Bidder 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. Proceedines to resolve disputes for payment of obligations shall be concluded by final written decision of the City Manager or designee, not later than sixty (60) days after the date on which the proper invoice was received by the City. 1.9 DISCOUNTS (PROMPT PAYMENTS) Page I 5 The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. 1.10 PREPARATION OF BIDS City of Palm Belch G1rdens IT82013-023PF lrrilltlon M1lnten•nc:e Services a. The Bid forms define requirements of items to be purchased, and must be completed and submitted with the Bid. Use o1 any other forms will result in the rejection of the Bidder's offer. The Bid submittal forms must be legible. Bidders shall use typewriter, computer, or Ink. All changes must be crossed out and initialed in i nk. Failure to comply with these requirements may cause the Bid to be rejected. b. An authorized agent of the Bidder's firm must sign the Bid submittal form. Failure to sign the Signature Page of the Bid shall render the Bid non-responsive. c. The Bidder may be considered non-responswe if bids are conditioned upon modifications, changes , or revisions to the terms and conditions of this solicitation. d. The Bidder may submit alternate Bid(s) for the same solicitation provided that such offer is allowable under the terms and conditions. The alternate Bid must meet or exceed the minimum requirements and be submitted as a separate Bid submittal marked "Alternate Bid". e. When there is a discrepancy between the unit prices and any extended prices, the unit prices wiJI prevail. 1.11 CANCELLATION OF BID SOLICITATION The City of Palm Beach Gardens reserves the right to cancel, in whole or in part, any Invitation to Bid when it is in the best interest of the City. 1.12 AWARD OF CONTRACT a. The contract may be awarded to the responswe and responsible Bidder meeting all requirements as set forth In the solicitation. The City reserves the right to reject any and all Bids, to waive Irregularities or technicalities, and to re-advertise for all or any part of this Bid Solicitation as deemed In Its best interest. The City shall be the sole judge of its best Interest. b. The City reserves the r ight to reject any and all Bids if It is determined that prices are excessive, best offers are determined to be unreasonable, or it is otherwise determined to be In the City's best interest to do so. c. The City reserves the right to negotiate prices with the low bidder, provided that the scope of work of thi s solicitation remains the same. d. The Bidder's performance as a prime contractor or subcontractor on previous City contracts shall be taken into account in evaluating the Bid recewed for this Bid Solicitation. e. The ctty will provide a copy of the Bid Tabulation to all Bidders responding to this sol icitatlon. f. The Bid Solicitation, any addenda and/or properly executed modifications, the signed Agreement, the purchase order, and any change order(s) shall constitute the contract. g. The Purchasing and Contracts Director will decide all tie Bids. Oty of Palm leach Gardens ITB2013-G23PF lrrfcatlon Maintenance Services h. Award of this Bid may be predicated on compliance with and submittal of all required documents as stipulated in the Bid Solicitation. i. The Ctty reserves the right to request and evaluate additional information from any bidder after the submission deadline as the City deems necessary. 1.13 CONTRACT EXTENSION The City reserves the right to automatically extend any agreement for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new agreement is being solicited, evaluated, and/or awarded. 1.14 WARRANTY All warranties express and implied shall be made available to the City for goods and services covered by this Bid Solicitation. All goods furnished shall be fully guaranteed by the awarded Bidder against factory defects and workmanship. At no expense to the City, the awarded Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. 1.15 ESTIMATED QUANTITIES Estimated quantities or dollars are for Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage; and (b) the City may use these estimates to determine the low Bidder. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for the given amount subsequent to the award of this Bid Solicitation. 1.16 NON-EXCLUSIVITY It is the intent of the City to enter into an agreement with the awarded Bidder that will satisfy its needs as described herein. However, the City reserves the right as deemed in its best interest to perform, or cause to be performed, the work and services, or any portion thereof, herein described in any manner It sees fit, including but not limited to, award of other contracts, use of any contractor, or perform the work with its own employees. 1.17 CONTINUATION OF WORK Any work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the successful Bidder, continue until completion at the same prices, terms, and conditions. 1.18 BID PROTEST Page 17 A recommendation for contract award or rejection of award may be protested by a Bidder. The Bidder may file a written protest with the City Clerk's office. The bidder shall file its written protest with the City derk, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., excluding legal holidays. Protests shall contain the name, address, and phone number of the petitioner, name of the petitioner's representative (if any), and the title and bid number of the solicitation. The protest shall specifically describe the subject matter, facts giving rise to the protest, and the action requested from the City. City of Palm Beach Gardens ITB20U-023PF lrrlptlon Maintenance Services The written protest must be received no later than seventy-two (n) consecutive hours (excluding Saturdays, Sundays, and legal holidays) after the time of award posting. Failure to file a timely formal written protest within the time period specified shall constitute a waiver by the bidder of all rights of protest. In the event of a timely protest, the City shall not proceed further with award of the contract and agreement until all administrative remedies are exhausted, or until the City Manager determines the award of the contract is immediately necessary to protect the public health, welfare, or safety. 1.19 LAWS AND REGULATIONS The awarded Bidder shall comply with all laws and regulations applicable to provide the goods or services specified in this Bid Solicitation. The Bidder shall be familiar with all federal, state, and local Jaws that may affect the goods and/or services offered. 1.20 LICENSES, PERMITS AND FEES The awarded bidder(s) shall hold at! licenses and/or certifications, obtain and pay for all permits and/or inspections, and comply with all laws, ordinances, regulations, and building code requirements appticable to the work required herein. Damages, penalties, and/or fines imposed on the City or an awarded bidder for failure to obtain and maintain required licenses, certifications, permits, and/or inspections shall be borne by the awarded bidder. 1.21 SUBCONTRACTING Unless otherwise specified in this Bid Solicitation, the successful Bidder shall not subcontract any portion of the work without the prior written consent of the City. The ability ,to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the City may result in termination of the contract for default. 1.22 ASSIGNMENT The awarded Bidder shall not assign, transfer, hypothecate, or otherwise dispose of this contract, including any rights, title, or interest therein, or its power to execute such contract to any person, company, or corporation without the prior written consent of the City. Assignment without the prior consent of the City may result in termination of the contract for default. 1.23 SHIPPING TERMS Unless otherwise specified in the Bid Soticitation, prices quoted shall be F.O.B. Destination. Freight shall be included in the proposed price. 1.24 RESPONSIBILITY AS EMPLOYER The employee(s) of the awarded Bidder shall be considered to be at all times its employee(s), and not an emptoyee(s) or agent(s) of the City or any of Its departments. The awarded Bidder shall provide physkatly competent empfoyee(s) capable of performing the work as required. The City may require the awarded Bidder to remove any employee it deems unacceptable. All employees of the awarded Bidder sha'll wear proper identification. 1.25 INDEMNIFICATION Page 18 The awarded Bidder shall lndemntfy and hold harmless the City and its officers, employees, agents, and Instrumentalities from any and atl liability, losses or damages, including attorney's City of Palm leach Gardens ITB201J.OZ3PF lrrfcatlon Maintenance Servkles fees and costs of defense, which the City or its officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulttng from the performance of the agreement by the awarded Bidder or Its employees, agents, servants, partners, principals, or subcontractors. The awarded Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The awarded Bidder expressly understands and agrees that any insurance protection required by this contract agreement or otherwise provided by the awarded Bidder shall in no way limit the responsibHity to indemnify, keep and save harmless, and defend the City or its offtcers, employees, agents, and instrumentalities as herein provided. 1.26 COLLUSION A Bidder recommended for award as the result of a competitive solicitation for any City purchases of supplies, materials, and services (Including professional services, other than professional architectural, engineering, and other services subject to Sec. 287.055 Florida Stats.), purchase, lease, permit, concession, or management agreement shaH, within five (5) business days of the filing of such recommendation, submit an affidavit under the penalty of perjury, on a form provided by the City, stating either that the contractor is not related to any of the other parties bidding in the competitive solicitation or identifying all related parties, as defined in this Section, which bid in the solicitation; and attesting that the contractor's bid is genuine and not a sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other bidder to put in a sham bid, or any other person, firm, or corporation to refrain from proposing, and that the bidder has not in any manner sought by collusion to secure to the bidder an advantage over any other bidder. In the event a recommended Bidder identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended Bidder shall be ineligible for award unless that presumption is rebutted to the satisfaction of the City. Any person or entity that fails to submit the required affidavit shall be inel.igible for contract award. 1.27 MODIFICATION OF CONTRACT The contract may be modified by mutual consent, in writing, through the issuance of a modification to the contract, a supplemental agreement, purchase order, or change order, as appropriate. 1.28 TERMINATION FOR CONVENIENCE The City, at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days' written notice. Upon receipt of such notice, the awarded Bidder ·shall not irtcur any additional costs under this contract. The City shall be liable only for reasonable costs incurred by the awarded Bidder prior to the date of the notice of termination so long as Bidder is not in default and/or breach. The City shatl be the sole judge of "reasonable costs.• 1.29 TERMINATION FOR DEFAULT Pase 19 In the event that Bidder fails to comply with the terms of this Contract, then City shall provide to Bidder written notice of the default and Bidder shall have fifteen (15) days within which to initiate action to correct the default and fifteen (15) days within which to cure the default to the satisfaction of City (the .. Cure Period"). The City reserves the right to terminate this contract, in --------------------------------------- City of Palm Beach Gardens ITB2013-023PF lrrlption Maintenance Services part or in whole, or place the Bidder on probation in the event the awarded Bidder fails to perform in accordance with the terms and conditions stated herein and/or cure the default. The City further reserves the right to suspend or debar the awarded Bidder in accordance with the appropriate City ordinances or resolutions. The Bidder will be notified by letter of the City's intent to terminate. In the event of termination for default, the City may procure the required goods and/or services from any source and use any method deemed in its best interest. All re- procurement costs shall be borne by the incumbent Bidder. 1.30 FRAUD AND MISREPRESENTATION Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, may be debarred for up to five (5) years. The City, as a further sanction, may terminate or cancel any other contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney's fees. 1.31 ACCESS AND AUDIT OF RECORDS The City reserves the right to require the awarded Bidder to submit to an audit by an auditor of the City's choosing at the awarded Bidder's expense. The awarded Bidder shall provide access to all of its records, which relate directly or indirectly to this Agreement, at its place of business during regular business hours. The awarded Bidder shall retain all records pertaining to this Agreement, and upon request, make them available to the City for three (3) years following expiration of the Agreement. The awarded Bidder agrees to provide such assistance as may be necessary to facilitate the review or audit by the City to ensure compliance with applicable accounting and financial standards. 1.32 OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General, which Is authorized and empowered to review past, present, and proposed County programs, contracts, transactions, accounts and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all City contracts. The cost of random audits shall be Incorporated into the contract price of all contracts and shall be one quarter (1/4) of one (1) percent of the contract price, except as otherwise provided tn the County Code. Federal funds may be used by the City to pay for goods and/or services under this contract; the IG fee will not be deducted by the City for such purchases that utilize federal funds. However, the City reserves the right to conduct reviews of all such purchases at any time. 1.33 PRE-AWARD INSPECTION The City may conduct a pre-award inspection of the bidder's site or hold a pre-award qualification hearing to determine if the bidder is capable of performing the requirements of this bid solicitation. 1.34 PROPRIETARY/CONFIDENTIALINFORMATION Bidders are hereby notified that all information submitted as part of, or in support of Bid submittals will be available for public inspection after the opening of bids in compliance with Chapter 119 of the Florida Statutes, popularly known iiS t he "Public Record law." The Bidder shall not submit any information in response to this solicitation which the Bidder considers to be a trade secret, proprietary, or confidential. The submission of any information to the City in Page 110 City of Palm Beach Gardens ITB2013-023PF lrrfcatlon Maintenance Services connection with this solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection which would otherwise be available to the Bidder. In the event that the Bidder submits information to the City in violation of this restriction, either inadvertently or lntentionatly, and clearly identifies that information In the bid as protected or confidential, the City may, in its sole discretion, either (a) communicate with the Bidder in writing in an effort to obtain the Bidder's withdrawal of the confidentiality restriction, or (b) endeavor to redact and return that information to the Bidder as quickly as possible, and if appropriate, evaluate the balance of the bid. The redaction or return of information pursuant to this clause may render a bid non-responsive. ' 1.35 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) Any person or entity that performs or assists the City of Palm Beach Gardens with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health 1lnsurance PortabiUty and Account ability Act (HIPAA) of 1996. HIPAA mandates for privacy, security, and electronic transfer standards include, but are not limited to: a. Use of information only for performing services required by the contract or as required by Jaw; b. Use of appropriate safeguards to prevent non-permitted disclosures; c. Reporting to the City of Palm Beach Gardens any non-permitted use or disclosure; d. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; e. Making Protected Health Information (PHI) available to the customer; f. Making PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer; g. Making PHI available to the ctty of Palm Beach Gardens for an accounting of disclosures; and h. Making internal practices, books, and records related to PHI available to the City of Palm Beach Gardens for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records and/or electronic transfer of data). The Bidder must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.36 ADDITIONAL FEES AND SURCHARGES Unless provided for in the contract/agreement, the City will not make any additional payments such as fuel surcharges, demurrage fees, or delay-in-delivery charges. Page 111 1.37 COMPLIANCE WITH FEDERAL STANDARDS City of Palm Beach Gardens IT82013-023Pf lrriptlon Maintenance Services All items to be purchased under this contract shall be in accordance with all aovernmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSH/\), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). 1.38 COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF FEDERAL FUNDING If the goods or seFVices to be acquired under this solicitation are to be purchased, in part or in whole, with Federal funding, it is hereby agreed and understood that Section 60-250.4, Section 60-250.5, and Section 60-741.4 of Title 41 of the United States Code, which addresses Affirmative Action requirements for disabled workers, is incorporated into this solicitation and resultant contract by reference. 1.39 BINDING EFFECT All of the terms and provisions of this contract/agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 1.40 SEVERABILITY If any part of this contract 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. 1.41 GOVERNING LAW AND VENUE This contract and aU 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 prindple. Venue of all proceedings in connection herewith shall tie exclusively In Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. 1.42 ATIORNEY'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 contract or interpret same, or if any administrative proceeding is brought for the same purposes, each party shall pay their own attorney's fees and costs, including appellate fees and costs. 1.43 EQUAL OPPORTUNITY AND ANTI-DISCRIMINATION The City of Palm Beach Gardens complies with all laws prohibiting discrimination on the basis of age, race, gender, religion, creed, political affiliation, sexual orientation, physical or mental disability, color or national origin, and therefore is committed to assuring equal opportunity in the award of contracts and encourages smaJI, locat, minority, and female-owned businesses to partidpate. During the performance of this contract, the awarded bidder agrees it will not discriminate or permit discrimination m its hiring practices or ln its performance of the contract. The awarded bidder shaJI strictly adhere to the equal employment opportunity requirements and any Page 112 City of Palm leaCh Gardens IT82013-023PF lrrflatlon Maintenance Services applicable requirements established by the State of Florida, Palm Beach County and the federal government. The awarded bidder further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors in connection with this Contract. 1.44 AVAILABILITY OF CONTRACT TO OTHER CITY DEPARTMENTS It is agreed and understood that any City department or agency may access this contract and purchase the goods or services awarded herein. Each City department will issue a separate purchase order to the awarded Bidder for the department's specific purchases. 1.45 CRIMINAL HISTORY BACKGROUND CHECKS Prior to hiring a contract employee or contracting with a bidder, the City may conduct a comprehensive criminal background check by accessing any Federal, State, or local law enforcement database available. The contract employee or bidder will be required to sign an authorization for the City to access criminal background information. The costs for the background checks shall be borne by the City. 1.46 LABOR, MATERIALS, AND EQUIPMENT Unless specified elsewhere in the Solicitation or resultant contract, all labor, materials, and equipment required for the performance of the requirements of the Contract shall be suppUed by the awarded Bidder. 1.47 MINIMUM WAGE REQUIREMENTS The awarded Bidder shall comply with all minimum wage and living wage requirements, such as Living Wage requirements, minimum wages based on Federal law, minimum wages based on the Davis-Bacon Act, and the provisions of any other wages taws, as may be applicable to this Contract. 1.48 PACKING SUP AND DELIVERY TICKET A packing slip and/or delivery ticket shall accompany all items during delivery to the City. The documents shall include information on the contract number or purchase order, any back order Items, and the number or quantity of items being delivered. 1.49 PURCHASE OF OTHER ITEMS The City reserves the right to purchase other related goods or services, not listed in the solicitation, during the contract term. When such requirements are identified, the City may request price quote(s) from the awarded Bidder(s) on the contract. The City, at its sole discretion, will determine if the prices offered are reasonable, and may choose to purchase the goods or services from the awarded Bidder, another contract vendor, or a non-contract vendor. 1.50 PUBLIC RECORDS Florida law provides that municipal records shall at all times be available to the public for inspection. Chapter 119, Florida Statutes, the Public Records Law, requires that all material submitted In connection with a bid response shall be deemed to be pubHc record subject to Page 113 City of Palm leach Gardens ITB.2013-023PF lrrication Maintenance Services public Inspection upon award, recommendation for award, or thirty (30) days after bid opening, whichever occurs first. Certain exemptions to pubtic disclosure are statutorily provided for in Section 119.07, Florida Statutes. If the Bidder believes any of the information contained in his/her/its bid is considered confidential and/or proprietary, inclusive of trade secrets as defined in Section 812.081, Florida Statutes, and is exempt from the Public Records law, then the Bidder, must in its response, specifically identify the material which is deemed to be exempt and state the legal authority for the exemption. All materials that qualify for exemption from Chapter 119, Florida Statutes or other applicable law must be submitted in a separate envelope, clearly identified as "EXEMPT FROM PUBLIC DISCI.:OSURE" with the firm's name and the bid number clearly marked on the outside. The City will not accept bids when the entire bid is labeled as exempt from disclosure. The City's determination of Whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. The awarded bidder(s) shall keep and maintain public records and fully comply with the requirements set forth at Section 119.071, Florida Statues; failure to do so shall constitute a material breach of any and all agreements awarded pursuant to this solicitation. 1.51 CONFLICTS OF INTEREST All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Further, all Bidders must disclose the name of any City employee who has any interest, financial or otherwise, direct or indirect, of fwe percent (5%) or more in the Bidders' firm or any of its branches. Failure to disclose any such affiliation will result in disqualification of the Bidder from this Invitation to Bid and may be grounds for further disqualification from participating in any future bids or bids with the City. 1.52 PUBLIC ENTITY CRIMES As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has been placed on the convicted vendors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity; may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. 1.53 OTHER GOVERNMENTAL AGENCIES If a bidder is awarded a contract as a result of this ITB, the bidder shall allow other governmental agencies to access this contract and purchase the goods and services under the terms and conditions at the prices awarded, as applicable. 1.54 COMPLETION OF WORK AND DELIVERY All work shall be performed and all deliveries made in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the awarded bidder(s), except in such cases where the completion date will be delayed due to acts of nature, force majeure, strikes, or other causes beyond the control of the awarded bidder. ln these cases, the awarded bidder shall notify the City of the delays in advance of the original completion so that a revised delivery schedule can be appropriately considered by the City. Page 114 1.55 FAILURE TO DELIVER OR COMPLETE WORK City of Palm Beach Gardens ITB2013-Q23PF lrrflatlon Maintenance Services Should the awarded bidder(s) fail to deliver or complete the work within the time stated in the contract, it Is hereby agreed and understood that the City reserves the authority to cancel the contract with the awarded bidder and secure the services of another vendor to purchase the items or complete the work. If the City exercises this authority, the City shall be responsible for reimbursing the awarded bidder for work that was completed, and items delivered and accepted by the City in accordance with the contract specifications. The City may, at its option, demand payment from the awarded bidder, through an invoice or credit memo, for any additional costs over and beyond the original contract price which were incurred by the City as a result of having to secure the services of another vendor. 1.56 CORRECTING DEFECTS The awarded bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within three {3} calendar days after the City notifies the awarded bidder of such deficiency in writing. If the awarded bidder fails to correct the defect, the City may (a) place the awarded bidder in default of its contract; and/or (b) procure the products or services from another source and charge the awarded bidder for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing. 1.57 ACCIDENT PREVENTION AND BARRICADES Precautions shall be exercised at all times for the protection of persons and property. AU awarded bidders performing services or delivering goods under this contract shall conform to all relevant OSHA, State, and County regulations during the course of such effort. Any fines levied by the above-mentioned authorities for failure to comply with these requirements shall be borne solely by the awarded bidder. Barrkades shall be provided by the awarded bidder when work is performed in areas traversed by persons, or when deemed necessary by the City. 1.58 OMISSIONS IN SPECIFICATIONS The specifications and/or statement of work contained within this solicitation describe the various functions and classes of work required as necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall not relieve the bidder from furnishing, lnstatllng, or performing such work where required to the satisfactory completion of the project. 1.59 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The awarded bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the awarded bidder In conjunction with this solicitation Gnd resultant contract shall be new, warranted for thetr merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the awarded bidder are found to be defective or do not conform to specifications, (1) the materials may be returned to the awarded bidder at the bidder's expense and the contract cancelled; or (2) the Oty may require the awarded bidder to replace the materials at the bidder's expense. 1.60 TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW" REGULATIONS The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA) requires employers to inform their employees of any toxic substances to Page 115 City of Palm leach Gardens ITB20U-G23PF lrrflatlon Maintenance Services which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace. Accordingly, the awarded bidder(s) performing under this contract are required to provide two (2) comptete sets of Material Safety Data Sheets to each City department utHizing the any awarded products that are subject to these regulations. This information should be provided at the time when the initial delivery is made, on a department-by-department basis. 1.61 TAXES The City of Palm Beach Gardens is exempt from Federal and State taxes for tangible personal property. 1.62 BIDDER'S COSTS The City shall not be liable for any costs incurred by Bidders in responding to this Invitation to Bid. 1.63 SUBSTITUTION OF PERSONNEL It is the intention of the City that the awarded Bidder's personnel proposed for the contract shall be available for the initial contract term. In the event the awarded Bidder wishes to substitute personnel, the awarded Bidder shall propose personnel of equal or higher quaUfications, and all replacement personnel are subject to the City's approval. In the event the substitute personnel are not satisfactory to the City, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract for cause. 1.64 FORCE MAJEURE The City and the awarded Bidder are excused from the performance of their respective obligations under the contract when and to the extent that their performance is delayed or prevented by any circumstances beyond their control, including fire, flood, explosion, strikes or other labor disputes, natural disasters, public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public uttlity needed for their performance provided that: a. The non-performing party gives the other party prompt written notice describing the particulars of the force majeure, including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the force majeure. b. The excuse of performance is of no greater scope and of no longer duration than is required by the force majeure. c. No obligations of either party that arose before the force majeure causing the excuse of performance are excused as a result of the force majeure. d. The non-performing party uses its best efforts to remedy Its inabUity to perform. Page 116 Oty of Palm leach Gardens ITB2013-023PF lrrflatlon Maintenance Services Notwithstanding the above, performance shall not be excused under this section for a period in excess of two (2) months, provided that In extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the awarded Bidder shall not constitute a force majeure. The term of the contract shall be extended by a period equal to that during which either party's performance is suspended under this section. 1.65 NOTICES Notices shall be effective when received at the addresses specified in the contract/agreement. Changes in r espective addresses to which such notices are to be directed may be made from time to time by either party by written notice to the other party. Facsimile and email transmissions are acceptable notice effective when received; however, facsimile and email transmissions received after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must also be mailed to the receiving party. Nothing contained in this section shall be construed ,to restrict the transmission of routine communications between representatives of the successfui 1Proposer and the City of Palm Beach Gardens. 1.66 POOL CONTRACTS During the term of contracts and agreements that are executed as vendor pools, awarding vendors in prequalified pools of vendors, either as a general pool or by categories, sub- categories, or groups, the City reserves the right to add new vendors to these contracts for goods or services not awarded for the original solicitation or as part of the general pool category, sub-category or group. To be eligible to be added to these pool contracts, a vendor must meet the same eligibility requirements established in the original Invitation to Bid. END OF SECTION 1 Page 117 2.1 SECTION 2 SPECIAL TERMS AND CONDITIONS PURPOSE: TO ESTABLISH A CONTRACT FOR THE CITY City of Palm Beach Gardens IT820U-023PF Irritation Maintenance Services The purpose of this solicitation is to establish a contract for the purchase of maintenance, repair, and servicing of landscape irrigation systems for the City of Palm Beach Gardens, Florida. 2.2 CONTRACT MEASURES AND PREFERENCES lntentionatly Omitted 2.3 PRE-BID CONFERENCE The City wm hold a Pre -Bid Conference on friday, July 19, 2013, starting promptly at lO:OOAM at City Hatl, 10500 N Military Trail, Palm Beach Gardens, Fl33410. Potential bidders should bring a copy of this solicitation with them to the Pre-Bid Conference. Bidders will be allowed to ask questions and obtain information on Important aspects of this solicitation. The purpose of the Pre-Bid Conference is to provide and solicit information relative to the scope, purpose, nature, and extent of the work, and any local conditions, which may affect the work and its performance. Submission of a bid shall constitute an acknowledgement by the bidder that it has thoroughly examined and is familiar with the requirements of this solicitation package. The failure or neglect of a bidder to examine the solicitation package, shall in no way relieve the bidder of any obligation with respect to its bid or the requirements of the contract. No claim for additional compensation will be allowed which is based on a lack of knowledge of the requirements of this solicitation package or the resultant contract. 2.4 TERM OF CONTRACT: FIVE (5) YEARS This contract shall commence on the date of the duly executed Agreement, and shall rema i n in effect for five (5) year(s), contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the last month of the five (5)-year contract term. 2.5 OPTIONS TO RENEW Intentionally Omitted 2.6 METHOD OF AWARD: TO A SINGlE LOWEST PRICED BIDDER IN THE AGGREGATE Award of this contract will be made to the responsive, responsible bidder that submits an offer on all Items listed in the solicitation and whose offer represents the lowest price when all items are added in the aggregate. If a bidder fails to submit an offer on all items, its overall offer may be rejected. The City will award the total contract to a single bidder. 2.7 PRICES SHALL BE FIXED AND FIRM If the bidder Is awarded a contract under this solicitation, the prices offered by the bidder shall remain fixed and firm during the term of contract, except for any price adjustments that may be allowed elsewhere in this Contract. 2.8 PRICE ADJUSTMENTS lntentionatfy Omitted 2.9 EXAMINATION OF CITY FACILITIES OR EQUIPMENT City of Palm leach Gardens IT820U-023PF Jrrilation Maintenance Services Prior to submitting an offer, it is recommended that the bidder visit the site of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required. The bidder ts also advised to exam- ine carefully any drawings, specifiCations, or equipment, and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. 2.10 EQUAL PRODUCTS Intentionally Omitted 2.11 LIQUIDATED DAMAGES lntentionatly Omitted 2.12 INSURANCE The awarded bidder shall not commence any performance pursuant to the terms of this bid until certification or proof of insurance has been received and approved by the Ctty's Risk Coordinator or designee. The required insurance coverage is to be issued by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of A.M. Best's Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of Palm Beach Gardens shall be notified at least thirty (30) days in advance of cancellation, non-renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less cove~age than Is required, does not constitute a waiver of the awarded bidder's obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Palm Beach Gardens. The awarded bidder must submit a current Certificate of Insurance, naming the City of Palm Beach Gardens as an additional insured and list as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration. The awarded bidder shall provide insurance coverage as follows: a. WORKERS COMPENSATION Awarded bidder shall carry Workers Compensation Insurance to apply for all employees in compliance with the "Workers Compensation law" of the State of Florida and all applicable Federal laws. The City reserves the right not to accept exemptions to the Workers Compensation requirements ofthis solicitation. b. COMPREHENSIVE GENERALLIABIUTY Page 119 Awarded bidder shall carry Comprehensive General Uabitity Insurance with minimum limits of One Million Dollars ($1,000,000.00); and include Products/Completion Liability of One Million Dollars ($1,000,000). Such certificate shall list the City as additional Insured. City of Palm leach Gllrdens ITB20U-023PF lrription Maintenance S.ndces NOTE: If Comprehensive General Uability limits are less than One Million Dollars ($1,000,000.00), the sum of Comprehensive General liability limits and Excess Liability limits must equal no less than One Million Dollars ($1,000,000.00). c. AUTOMOBILE LIABILITY Awarded bidder shall carry Automobile Liability Insurance to include owned, non- owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00) each occurrence. 2.13 BID BOND/GUARANTY Intentionally Omitted 2.14 PERFORMANCE BONE> Intentionally Omitted 2.15 CERTIFICATIONS Any bidder that submits an offer in response to this solicitation shall, at the time of such offer, hold a valid cerUf~eation as a Certified Landscape Irrigation Contractor Issued by the State or County Examining Board qualifying the bidder to perform the work proposed. If work for other trades Is required in conjunction with this solicitation and will be performed by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the prime bidder's offer; provided, however, ·that the City may at Its option and in its best interest atlow the bidder to supply the subcontractor(s) certificate to the City during the bid evaluation period. There shall be no subcontracting of any services In this contract. The awarded bidder submitting Its offer must be licensed and capable of performing the work. 2.16 METHOD OF PAYMENT: PERIODIC INVOICES FOR COMPLETED WORK The awarded bidder shall submit an invoice to the City after work has been completed, on a periodic basis. The date of the Invoices shall not exceed thirty (30) calendar days from the delivery of the items. Under no circumstances shall the invoice be submitted to the City In advance of the delivery and acceptance of the items or work. The invoice shall contain ·the following basic information: the awarded bidder's name and address, invoice number, date of invoice, description of the service performed and the specific loc;1tions of service, the contract number, purchase order number, and any discounts. 2.17 DELIVERY REQUIREMENTS Intentionally Omitted 2.18 WARRANTY SHALL BE ONE (1) YEAR FROM DATE OF ACCEPTANCE In addition to all other warranties that may be supplied by the bidder, the awarded bidder shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of one (1) year from the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall rematn In force for the full period; regardless of whether the awarded bidder is under contract with the City at the Ume of defect . . City of Palm leach Gardens ITB2013-G23PF lrriptlon Maintenance Services Any payment by the City on behalf of the goods or services received from the awarded bidder does not constitute a waiver of these warranty provisions. 2.19 ADDITIONALLOCATIONS Although this solicitation and resultant contract identifies specific Jocations to be serviced, It is hereby agreed and understood that any City location may be added to this contract at the option of the City, for similar services. When required by the pricing structure of the contract, awarded bidders shall be invited to submit price quotes for these additional locations. If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the current awarded bidder(s) that offers the lowest acceptable pricing. If this contract has a single awarded bidder, the additional site(s) may be added to this contract by formal modiftcation of the contract. The City may determine to obtain price quotes for the additional locations from non-contract vendors in the event that fair and reasonable pricing Is not obtained from the current awarded bidders, or for other reasons at the City's discretion. The City shall also have the right to delete any location from this contract, upon written notification to the awarded bidder. 2.20 CATALOGS AND PRICE liSTS Intentionally Omitted 2.21 CLEAN UP The awarded bidder shall remove all unusable materials and debris from the work areas at the end of each workday, and disposed of in an appropriate manner. Upon final completion, the awarded bidder shall thoroughly clean up all areas where work has been involved as mutually asreed with the City's authorized representative. 2.22 DEMONSTRATION, OF EQUIPMENT lntentionaJiy Omitted 2.23 HOURLY RATE lntentlonatly Omitted 2.24 MOTOR VEHICLE liCENSE REQUIREMENT Intentionally Omitted 2.25 PATENTS AND ROYALTIES Intentionally Omitted 2.26 PRE-CONSTRUCTION CONFERENCE Intentionally Omitted 2.27 RELEASE OF CLAIM REQUIRED Pursuant Section 255.05, Florida Statutes all payments to the subcontractors shall be made by the awarded Bidder within ten (10) days of receipt of the partial payment from the City. With the exception of the first partial payment, the awarded Bidder must pay all of its subcontractors and suppliers who have performed any work or supplied any materials for the project within ten (10) days after receipt of the partial payment by the awarded Bidder for monies due such subcontractors and suppliers as a result of a percentage of the work completed. The awarded Pase 121 --------~-·------------------------------- City of Palm leach Gardens ITB20U.023PF lrrflatlon Maintenance Services Bidder must provide the City's project manager with duly executed affidavits (subcontractor's statement of satisfaction) or releases of claim from all subcontractors and suppliers who have performed any work or supplied any materials for on the project as of that date. The affidavit or releases shall certify that said subcontractors and suppliers have been paid their proportionate share of all previous partial payments to the awarded Bidder. In the event such affidavits cannot be f urnished, the awarded Bidder may submit an executed consent of surety to requisition payment, identifying the subcontractors and suppUers with the amounts for which the statement of satisfaction cannot be furnished. If the awarded Bidder fails to provide a consent of surety to requisition payment, the amount in dispute will be withheld until either the statement of satisfaction is furnished, or the consent of surety to requisition payment is furnished. 2.28 SUBCONTRACTORS No subcontracting will be allowed under this contract. 2.29 OTHER FORMS OR DOCUMENTS If the City is required by the awarded Bidder to complete and execute any other forms or documents in relation to this solicitation, the terms, conditions, and requirements in this solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Bidder's forms or documents. END OF SECTION 2 Page 122 SECTION 3 SCOPE OF WORK AND TECHNICAL SPECIFICATIONS 3.1 GENERAL REQUIREMENTS City of Palm Beach Gardens ITB2013-023PF lrrfcatlon Maintenance Services The following are the general specifications for the irrigation maintenance services of medians and public grounds in the City of Palm Beach Gardens. a. The scope of work shall include, but not be limited to, the operation and continued maintenance of the ;~utomatic trrigation systems to provide irrigation water to all planted areas within the areas specified in the contract. b. The awarded bidder shall furnish all supervision, labor, materials, supplies, and equipment, as necessary, to properly maintain the work specified herein. Supervisory personnel used to oversee the required maintenance shall have a minimum of five (S) years of experience In Irrigation maintenance. c. No activity shall be carried out in a manner that will disrupt, inconvenience or endanger any member of the public. Failure to follow mandated safety practices or guidelines may result in termination of the contract for cause. d. The awarded bidder shall be responsible for repair of any damages that occur as a result of its operations,, including but not limited to, plant Joss due to improper irrigation maintenance procedures, improper equipment operation, pavement damage from loading or unloading, and fuel spills. The awarded bidder shall take all necessary precautions to protect the City's property. Any damage to City or private property, which has occurred as a direct result of the awarded bidder's operations, must be reported to the City's field representative immediately. 3.2 RESPONSIBILITIES OF AWARDED BIDDER a. The awarded bidder is responsible for the repair of any sprinkler heads, water, electric, tetephone Jines, hedges, shrubbery, trees, buildings, etc., damaged during the course of their operation. These repairs shall be accomplished promptly, with like materials at the awarded bidder's expense. It Is recommended that the awarded bidder Inspect all areas to be maintained prior to starting work, and report damages to the City field representative for verification as to eliminate such damage being discovered during the post service Inspection and being assessed as damage caused by the awarded bidder during his operations. b. At the end of each maintenance day, all walks, drives, road surfaces, and open space areas shall be free of any loose materials, trash, and/or debris. c. All personnel shall wear proper attire, which, as a minimum, includes a standard shirt carrying the company's name and/or logo, present a good appearance and maintain a professional code of conduct. All personnel shall wear safety vests with reflective striping when working within the road right-of-way. The awarded bidder shall be solely responsible for complying with all applicable FOOT Maintenance of Traffic standards when workins within the road riJht-of-way. Pase I 23 City of Palm leach Gardens ITB2013-023PF lrrilatlon Maintenance Services d. No storage or provision for storage will be allowed on site for maintenance equipment or materials. e. All vehicles shall be clearly identified with the company name and/or fogo and present a good appearance. Vehicles and equipment shall be parked within the City right-of-way so as not to obstruct or interfere with pedestrian or vehicular traffic. 3.3 GENERAL SCOPE OF SERVICES a. The work to be performed by the awarded bidder shall include all labor, materials and equipment necessary to repair and maintain existtng irrigation systems located throu1hout the City. b. The awarded bidder shall perform all its obligations and functions under this contract in accordance with these specifications, and in a professional and businesslike manner so that all the turf areas and ptantings are irrigated proper•y. The awarded bidder shall use its best efforts to coordinate Its activities with and adjust its activities to the needs and requirements of the City; and to perform its activities so as not to disturb, endanger, unreasonable interfere or delay operations or activities in the work areas. c. The awarded bidder shall make reasonable immediate response to correct problems or perform special actions as requested by the city. The awarded bidder shall designate a rep resentative who shall act as the main contact with the City for this contract. 3.4 IRRIGATION SYSTEM MAINTENANCE a. The awarded bidder shall be responsible for monitoring of the irrigation systems in the areas covered by this contract and shall submit a monthly written report (Service Check Off list) to the City. Monitoring of the irrlgatfon system includes: l. monthly wet checks; II . adjusting all valves and heads for proper operation and direction such that they do not spray Into or across roadways, walkways, or any other vehicular or pedestrian areas; Iii. dearing away grass, debris, or vegetation that may hinder the operation of the sprinkler heads; iv. replacement of sprinkler heads and/or nozzles. Replacement of sprinkler heads and noules shall be In accordance with unit price submitted in this bid. b. The majority of the specified areas for irrigation system maintenance are controlled by a TORO Sentinel centralized irrigation system. The awarded bidder has the option of utilizing a City-owned hand held Sentinel radio to perform the monthly wet check service. Any damage caused to the hand held radio by carelessness of the awarded bidder will be deducted from the monthly invoice amount. c. tf the irrigation system or surrounding property is damaged as the result of the awarded bidder's maintenance activltles or failure to provide proper maintenance, the awarded City of Palm leach Gardens IT8201J-G23PF lrriJatlon Maintenance Servk:es bidder shall be responsible for all materials and labor required for prompt repair to the City's satisfaction. The awarded bidder shall be responsible for maintaining proper elevation on all Irrigation system components to prevent damage by maintenance activities and/or vehicles. d. Non-Working sprinkler heads shall be replaced only with the models specified in the "Materials Ust". Substitution of other models will not be accepted. All damaged heads that have been replaced shall be returned to the City's authorized representative for verification. e. The City will be responsible for the cost of labor and materials for any repairs and or replacement of the fotlowing Items during maintenance inspections: l. defective control valves; li. defective, cut and/or damaged electrical Unes; iii. subterranean pipe work; lv. non-functioning pumps; v. non-functioning controllers. END OF SECTION 3 Page I 25 ----------------------------------- 4.1 PRICES AND RATES SECTION4 PRICING SCHEDULE City of Palm Beach Gardens JTB2013-023PF Jrrflatlon Maintenance Services The Bidder shall indicate in the spaces provided, the firm and fixed prices and rates offered to the City for the goods and/or services described below. IRRIGATION SYSTEM MAINTENANCE MONTHLY WET CHECK LOCATIONS NO. OF NO. OF MEDIANS ZONES Hood Road medians: 600 6 6 Military Trail to Alternate AlA Military Trail medians: .600 6 12 Hood Road to Donald Ross Road Alternate AlA medians: 602 2 18 Hood Road to Donald Ross Road PGA Blvd medians: 203 9 13 Military Trail to Turnpike Overpass PGA Blvd medians-3 8 Intracoastal Waterway bridge MilitaryTrail medians: 107/205/106/103 9 18 Arbor Way to PGA Blvd Northlake Boulevard medians: 204 4 6 Military trail to Turnpike overpass Military Trail medians at Gardens Oaks: 107 2 7 Military Trail medians I' 95 overpass to EPB-3 4 7 Canal: 108 Burns Rd medians Military Trail to Alt AlA: 103 3 5 Burns Rd medians Gardens East Dr to Prosperity 5 24 Farms Rd: 201 Holly Dr Military Trail to Riverside Dr: 202 11 12 Mac Arthur Blvd medians and right of ways: 101 10 14 Alt AlA RCA Blvd to Burns Rd west road shoulder only: 212 6 1-95 & Northlake Blvd quads: 210-211 4Quads 10 1-95 & PGA Blvd quads: 777, 778, 779 & 780 4 Quads 36 TOTAL MONTHLY PRICE FOR AlL LOCATIONS: Page 126 MONTHLY COST PER SITE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ MATERIALS LIST Unit cost for head repair Labor and Material Toro 570Z-6P XF COM with Nozzle Toro Spray Nozzle 4" Rotor Head Hourly charge for Technician and Helper $ ____ _ $. ____ _ $......__ ___ _ City of Palm leach Gardens IT82013-023PF ltrlption Maintenance Services $ ______ per hour END OF SECTION 4 Page I 27 PART I: ---------------------------, SECTION 5 ACKNOWLEDGEMENT OF ADDENDA City of Palm Beach Gardens ITB2013-Q23PF lrrilation Maintenance Services tNSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES List below the dates of Issue for each addendum received in connection with this solicitation: Addendum #1, Dated----------- Addendum #2, Dated----------- Addendum #3, Dated----------- Addendum #4, Dated----------- Addendum #5, Dated----------- Addendum #6, Dated----------- Addendum #7, Dated----------- Addendum #8, Dated----------- Addendum #9, Dated----------- Addendum #10, Dated----------- PART II: 0 NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION Firm Name Signature Name and Title (Print or Type) Date Page 128 SECTION 6 BID SUBMITTAL SIGNATURE PAGE CJty of Palm Beach Gardens IT82013-0Z3H lrrfptlon Maintenance Sei'Ykes By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, includi ng all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different than Street Address): Telephone Number(s): ----------------- Fax Number(s): ------------------- Email Address:-------------------- Federal Employer ldent~fication Number:------------------ Prompt Payment Terms:--" __ days' net __ days Signature: ___________________________ _ (Signature of authorized agent) Print Name:------------------ Title: __________________ _ By signing this document the bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/ Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE IBOUND BY THE TERMS OF ITS OFFER. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Page I 29 7.1 AFFIDAVITS SECTION 7 AFFIDAVITS City of Palm leach Gardens IT820U-023PF lrrlptlon Maintenance Services The forms listed below must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents a binding commitment upon the bidder to provide the goods and/or services offered to the City if the bidder is determined to be the lowest responsive and responsible bidder. a. Conflict of Interest Disclosure Form b. Notification of Public Entity Crimes Law c. Drug-Free Work Place d. Non-Collusion Affidavit e. Performance Bond (if required) (Not Applicable) (The remainder of this page is intentionally left blank.) Page I 30 CONFLICT OF INTEREST DISCLOSURE FORM City of Palm leach Gardens IT82013..023PF lrrflltlon MalntenlrKe Services The award of this contract Is subject to the provisions of Chapter 112, Florida Statutes. All bidders must disclose within their bids: the name of any officer, director, or agent who Is also an employee of the City of Palm Beath Gardens. Furthermore, all bidders must disclose the name of any City employee who owns, directly, or indirectly, an interest of more than ftve percent (5%) in the bidder's firm or any of Its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment In exercising any Oty duty or responsibility In administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this bid. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date Page I 31 NOTIFICATION OF PUBLIC ENTITY CRIMES LAW City of Palm leach Gardens IT82013-023PF lrription Maintenance Services Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a 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 or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub-vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 (F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date Page 132 DRUG-FREE WORKPLACE City of Palm Belch Gardens IT82013-023PF lrrflatlon Maintenance Senllces ------------------------•· a drug-free workpJace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. AcknowJedged by: Firm Name Signature Name and Title (Print or Type) Date Page I 33 NON-COLLUSION AFFIDAVIT City of Palm Beach Gardens ITB20U..023PF lqatlon Maintenance Services STATE OF FLORIDA COUNTY OF PALM BEACH Before me, the undersigned authortty, personally appeared ------------.J who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He/She is of ---------------~ the bidder that has submitted a bid to perform work for the foflowing: ITB He.!·------------Title: _____________ _ b. He/She is fully informed respecting the preparation and contents of the attached Request for Bids, and of all pertinent circumstances respecting such solicitation. Such bid is genuine and is not a collusive or sham bid. c. Neither the said bidder nor any of Its officers, partners, owners, agents, representatives, employees, or parties in Interest, including this affiant, has in any way cotluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm, or person to submit a collusive or sham bid in connection with the solicitation and contract for which the attached bid has been submitted or to refrain from proposing in connection with such solicitation and contract, or has tn any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm, or person to fix the price or prices in the attached bid or any other bidder., or to fix any overhead, profit, or cost element of the bid price or the bid price of any other bidder, or to secure through any coJiusion, conspiracy, connivance, or unlawful agreement any advantage against the City or any person interested in the proposed contract. d. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties In interest, induding this affiant. Signature Subscribed and sworn to (or affirmed) before me this day of 2013, by who is personally known to me or who has produced ---------------------as identification. SEAL Page I 34 NotarySilftature. __________ _ Notary Name:-------------- Notary Public (State):----------- My Commission No:------------Expires on: ______________ _ SECTION 8 DRAFT FORM OF AGREEMENT City of Palm leach Gardens IT82013-023PF lf'rllatlon MalntenaMe Servkes Below is the standard agreement format for this Invitation to Bid. This is a sample agreement only and Is subject to revisions. PLEASE DO NOT COMPLETE. AGREEMENT THIS AGREEMENT is hereby made and entered into this __ day of 20_, (the "effective date") by and between the City of Palm Beach Gardens, a Florida municipal corporation ( .. City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and a corporation (hereafter referred to as "Contractor"), whose address is WHEREAS, the City desires to retain the services of the Contractor to provide the goods and services In accordance with the City's Invitation to Bid 1ft, and the Contractor's response thereto, all of which are Incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION10F lNVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's lnvitatton to Bid No. and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shafl provide the goods and/or perform those services identified In the specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The Oty shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein, according to the terms and specifications of the referenced Invitation to Bid. ARTICLE4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement 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: i. As to the City: ii. with a copy to: iii. As to the Contractor: City of Palm Beach Gardens 10500 North Military Trail City of Palm Beach Gardens ITB20U-023PF lrription Maintenance Services Palm Beach Gardens, Florida 33410 Attn: City Manager Email: City of Palm Beach Gardens 10500 North Military TraU Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: ~~-------------------~~-------------- b. Headings. The headings contained tn 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. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CONTRACT TERM This term of this Agreement shall be from the effective date through _______ _,. 20__, unless terminated earlier in accordance with terms set forth in the ITB. (Remainder of this page is intentionally left blank.) Page 136 City of P•lm leKh &.dens ITB2013-023PF lrrlptlon M•lnten•nce Services IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. [SEAL] ATIEST: lr.~--~-------------Patricia Snider, CMC, City derk APPROVED AS TO FORM AND LEGAl SUFFICIENCY By.. ________________ __ R. Max Lohman, City Attorney WITNESS: CITY OF PALM BEACH GARDENS, FLORIDA By: _____________ _ Ronald M. Ferris, City Manager By: _____________ _ Print MM~e-:. ____________ _ By: ___________ _ Print~:. _______________ _ END OF SECTION 8 Page 137 Irrigation Service Check list Date Completed: Clock #-zone # Zone Type Rotor/mist Page 138 SECTION 9 EXHIBITS IRRIGATION MAINTENANCE SERVICES SAMPLE Irrigation Service Check Ust Work performed or additional work needed City of Palm leach Gardens IT820U..023Pf lrrilatlon Maintenance Services ; reasure C04st Irrigation & Landscape, LLC. 7900 S.E. Bridge Road "'~~ ... Sound, Florida 33455 CHAD BOISSEVAIN Director of lrriglltlon Operations 7900 SE Bridge Road 1 Hobe SOUnd FL 33455 T 772.546.4635 I 888.710.4535 I F .772 .546.4598 E chadbOtclrrlgatlon.com www.TCIRRIGAnON.com 08-02-13P12:27 RCVD -I !Zf.l 6 M?orJ 0 A-r N 7EJV A-f'J C& SEe vI C6"S f3tD A different kind of irrigation and landscape company It won't take long to understand why TAMISU'8 Coast Irrigation and Landacape Is one of the liladlng Rorida lrrtgatfon companies. In fact, by size we rank among the top five In the stele and In the top 50 In the netlon. We are experts In lrltgatlon Installation, ln1galfon malntenence, end Irrigation service end ntpalr. We are organized end profeeslonal, end totally decttcated to our clients and sustelnlng the environment. We uee a systernalk: Bmlf of Irrigation servlcee, anChored by highly trained and motivated technicians, supported by the lataet Irrigation technology, • and deiiVerad through our exciUBive Custom Care program. CALL FOR A FREE PROPERTY ASSESSMENT TOLL-FREE AT 888.710.4535 LANDSCAPE INSTALU\llON I LANDSCAPE MAINTENANCE I CUSTOM LANDSCAPE DESIGN ESTATE LANDSCAPE SE1WICE8 I FERTliJZATIDN I I.AHDSCAPE PEST CONTROL AR8011 CARE I IRRIGAllON SERVICE8 I WATER CONSERVAllON 7900 BE l!!ldge Rood I Hobe SOund. Pl. :!345& IT 1188.710.45451 F 772.5ol8.45811 WWW.TCIRRIGAllON.COM Maintenance . r Systematic irrigation maintenai'J)ce protects your investmer~:f " t.IM1!111111Ce II problbly the m08t erttk:lll-~the ~ vllible eeMce -otl'8red by an ') ' imglllloro ~.~Is allllbout emtclfMIIna l8rldeC8pe ....... IM!orethey eec:a1e1e Into probleme. a.c-once piMta begti'IIO brown lind go Into lhock-from ovet w...,.•ll Ot "'* w-.>g -the dloMge m.y IIINMy be done. $y11tem11t1C, pi'OIICtlw ,,,.. ...,. ocela cu iiiNnglh. Md a~ progrwn dlllgned to lUI 'fOJl epec~~~c ,... 11 the lledlllt, OINt .--... _, r-eo.t lft1gellon iTllikas K wor1< for yoo. TCI oilers V8i1ous leYela Gf oMfnteo •oce. lllll1!liY iiiiUc:l\nd 10 ~ the ,... of 'fOJl pooperty and ywr budget -InClUding \CCIII plln ltlat 00\111' a1 !*Is rod Wxr. l!leh nililo\tlo•OG:e p~Qg~Wn lncludle a trUy "accountebll" Aecount Aepo ....... and-dedicated 10 anfUtly monllorywr poq>erty. 3 levela of Maintenance Care for your property lrrtglltlon Wet Check (Relldentlal & SIMI! Commercllol) Benellle lnck.lde : A iMflodlc (monthly, bl-ltlGi'llllly, or~ check of the operllllon olywr~.,.,....~-..IMhilei•aofhiMisrdnorzle&, and proper doc!! rd '*' -opnlleft. Pwta " lidlllleMI ~ ....... Will be c:IWJICI-' • ........,.~tour¥ ..... Cua-Malnt-Prognom (ConwloM:IIII. HOI\ I~ Benelb lndwdl: Mllnlhly pi'OIICihie .......... 101 of .... pniiiWiy lnc:Utna ......... allllecS 111 the wet ctoeek Jlli'OIII'M'. Willi !he..,..,... ol major...,..., .. labor fer bolh n IIIIo illi •"" lAd ""*' Ia incluclel!l. The or#!t liiiGIIIieMI -' IS --... c...-PLUS Maintenance Program (Col-a.ll HOA/ ~ a.n.lllll include: Uta OU' Cualom 11'ilii IM-~ .-!lhly pi'OIICiiwJ •••oteo•oce of the~ however, we Include the ...-w. a well as the Wxr lr*llie COIIIiW:t. In ., .tbt 10 keep ywr ~ COIIIiltent ~the y.r. Installation The benefit of an irrigation system installed with a vision In an Ideal aituMion. T-Coast ........, and ~ would lnlwi1ICt wt111 ywr pmp8lty ~ .. lllecyde: 1oom lrrigldlon lnelall8llan to .....,_.,. to IIIMce and rapelr. By bllnglng us In m 11'11 "grvund IIMI," yoo will benelll 1oom the vlelon of OU' IIHicMI, lnfgdon ~. lmgellon Oelllgner. AAI«-• ~ lrrigalon syateooo builds In 1uture needl, reqwiNs lea rnehilei•u,leea wator rod ..._,lAd~ more IIMngeovw...,., r-Colllllrrigldlaft deploys IIICP8rilnced OOiillriJCilon CI'8WI w111o an -.ge of 10 to 15 ~In the field. We-best pr801Icaa In Wlllertnaloageo-11 ~ 10 lretalllow-¥olume emlltn, drtp .,..,., rod epnry rod ro4allng '-Is. ~ We adches the epeolal needs of ...-y '~rrtga~~o~n, and we take !ipileial' plQ In lnlgatton lnltallation Mille lor golf COinM. l I - ITB NO.: lif82013-Q23PF DUE DATE: FRIDAY, AUGUST 2, 2013 INSTRUCTIONS PALW B•ACH GAKD.NS ~ ..... ,.. ............ -*•~~~tv• The City of '-lm had! Gardens 10500 North Mlltary Trd Palm 8ead) Gardens, FL U410 PURCHASING DEPARTMENT INVITAnON TO BID TITLE: IRRIGATION MAINTENANCE SERVICES TIME: 3:00PM Sealed bids must be received on or before the due date and time {local time) at the office of the City aerie, 10500 North Mlltury Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday throush Friday, except holidays. All bids will be publiCly .opened at at:y Hall. Each bid submitted to the City Clerk shall have the followtnalnformatlon clearly marked on the face of the envelope: the bidder's name, return address, ITB number, due date for bids, and the title of the bid. Included In the envelope shall be one .(1) orllfnal and two (Z) copies of thtt bid, and one (1) electronic version on CD. The original should be marked "ORIGINAL". Each copy must be Identical to the original and the file format on the CO should be In Portable Document Format (pdf). BROADCAST The aty of Palm Beach Gardens utilizes electronic online services for notification and distribution of Its solicitation documents. The City's solicitation Information can be obtained from: a) Public Purchase • Please contact Public Purchase at supoort@publicourchase.com: www.oublicourct@se.corn: or call 801-932-7000 for ·additional information on registration; b) DemandStar • Please contact DemandStar at www.demandstar.com or by caRing them at 1-800-711-1712; c) The City's Vendor List-The City emalls aU advertised solicitations to vendors which have joined the City's Vendor Ust. To join the City's Vendor List, please ¥islt the City's Purchasing webpaee at http://wWw.pbRfl.com/content02/12485/defautt.asox and click on the "Join Vendor List" link. Bidders who obtain solicitations from sources other than those named above are cautioned that the Invitation to Bid package may be Incomplete. The Oty Will not evaluate Incomplete bid packages. DemandStar and Public Purchase are Independent entitles and are not aaents or representatives of the City. Communications to these entitles do not constitute communications to the Oty. The aty Is not responsible for errors and omissions occurring In the transmission or downloadlfll of any documents, addenda, plans, or specifications from these websltes. In the event of any discrepancy between Information on these websltes and the hard copy solicitation documents, the terms and conditions of the hardcopy documents will prevail. CONTACT PERSON Any questions resardlng the specifications and solicitation process must be submitted In writins to the Purchasina Department for the Purchasing and Contracts Director at kmra@pbgft.com. To allow enouah time fOF the Oty to respond, requests for clarlflcation and additional Information should be received at least fortv-e!ght .f48l hours before the Due Date for bids. Tf?t:t+&ut?E CtJA-Sr ;eet~Af'lorJ Name of Bidder r L-A-f\1 DS~ uc... Page I 1 PA~V BEACH CARDBNS ~ ,.,. pl«e 10 1M. ,_, -* • plt()'N The City of Palm Beach Gardens 10500 North Military Trail Palm Bnch Gardens, FL 33410 LEGAL ADVERTISEMENT INVITATION TO BID NO. IT82013-D23PF IRRIGATION MAINTENANCE SERVICES City of P•lm Belich G•rdens ITBZOU-G23Pf lmptlon MalnteiMftCIR SeMces The City of Palm Beach Gardens Is seeking bids from qualified firms to provide maintenance and repair services on landscape Irrigation systems, In accordance with the terms, conditions, and specifications contained In this Invitation to Bid. Invitation to Bid documents are available beginning Monday, July 1, 2013, at 8:00a.m. local time on the City of Palm Beach Gardens website at htto://www.pbgfl.com and following the links for DemandStar or Public Purchase, or by contacting the City Clerk's Office at (561) 799-4121. Sealed bids must be c;learly marked '"ITB2013.023PF, Irrigation Maintenance Services" and delivered to the Office of the City Clerk at 10500 North Military Tratl, Palm Beach Garchms, Florida 33410. The deadline for submission of bids Is Friday, August 2. 2013 at 3:00 p.m. local time. At that time, the bids will be publicly opened and read aloud at Oty Hall, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Late bids will not be accepted and will be returned to the sender unopened. The Oty will hold a Pre-Bid Conference on Friday, July 19, 2013 at Oty Hall, ctty of Palm Beach Gardens, starting promptly at 10;00 a.m. Attendance is recommended, but not mandatory. It Is the responsibility of the bidder to ensure all pages are induded In the submission. All bidders are advised to closely examine the solicitation package. Any questions regarding the completeness or substance of the solicitation package or the .goods or services must be submitted In writing via email or fax to Kml Ra, Purchasing and Contracts Director, kmra@pbgf!,com or (561) 799-4134. The Oty of Palm Beach Gardens Is exempt from Federal and State Taxes for tangible personal property tax. The City of Palm Beach Gardens reserves the right to accept or reject any or all bid submittals, In whole or In part, with or without cause, to waive any Irregularities and/or technicalities, and to award the contract on such coverage and tenns It deems wiH best serve the interests of the City. CITY OF PALM BEACH GARDENS Patricia Snider, CMC, City Clerk Publish: Palm Beach Post Sunday, June 30, 2013 Page 12 TABLE OF CONTENTS SECTION 1. General Terms and Conditions 2. Special Terms and Conditions 3. Technical Specifications, Statement of Work, or Scope of Services 4. Pricing Schedule 5. Acknowledgement of Addenda 6. Signature Page 7. Affidavits 8. Draft Form of Agreement 9. Exhibits (If applicable) Page 13 City of Palm Beach Gardens fT82013-o23PF l ... tlon Maintenance Services PAGE 4 18 23 26 28 29 30 35 38 SECTION 1 GENERAL TERMS AND CONDITIONS Oty of him Beach Gardens mzo1J.OUPF lrriptfon M•lnte~N~~K:e Services 1.1 DEFINITIONS a. Bid: any offer(s) submitted In response to an Invitation to Bid. b. Bidder: person or firm submitting a Bid in response to an Invitation to Bid. c. Bid Solicitation or Invitation to Bid: addenda. this solicitation documentation, including any and all d. Bid Submittal Form: describes the goods or services to be purchased, and must be completed and submitted with the Bid . e. City: shall refer to the City of Palm Beach Gardens, Florida. f. Contract or Agreement: the Invitation to Bid, all addenda· issued thereto, all affidavits, the signed agreement, and all related documents which comprise the totality of the contract or agreement between the City and the Bidder. g. Contractor: successful Bidder or Bidder who is awarded a contract to provide goods or services to the City. h. Invitation to Bid: formal request for bids from qualified Bidders. I. Purchasing Department: the Purchasing Department of the City of Palm Beach Gardens, Florida. j. Responsible Bidder: a Bfdder which has the capability In all respects to perform In full the contract requirements, as stated In the Invitation to Bid, and the Integrity and reliability that will assure good-faith performance. k. Responsive Bidder: a Bidder whose bid conforms in all material respects to the terms and conditions included in the Invitation to Bid. 1.2 CONE OF SILENCE Pursuant to Section 2-3SS of the Palm Beach County Ordinance No. 2011-039, and the purchasing policies of the City of Palm Beach Gardens, all solicitations, once advertised and until the appropriate authority has approved an award recommendation, are under the •eone of Silence". This limits and requires documentation of communications between potential bidders and/or bidders on City solicitations, the City's professional staff, and the City Council members. 1.3 ADDENDUM Pagel4 The Purchasing Department may issue an addendum in response to any inquiry received, prior to the dose of the solicitation period, which changes, adds, or clarifies the terms, provisions, or requirements of the solicitation. The Bidder should not rely on any representation, statement, or explanation, whether written or verbal, other than those made In the solicitation document Oty of Palm leach Gardens ,lfB20U-GnPF lrrlptlon Maintenance Services or In the addenda issued. Where there appears to be a conflict between the solicitation and any addenda, the last addendum issued shall prevail. It is the vendor's responsibility to ensure receipt of all addenda, and any accompanying documentation. The vendor is required to submit with Its bid or bid a signed "Acknowledgment of Addenda" form, when any addenda have been issued. 1.4 LEGAL REQUIREMENTS This solicitation 'is subject to all legal requirements contained in the applicable City Ordinances and Resolutions, as well as all applicable City, State, and Federal Statutes. Where conflict exists between this Bid Solicitation and these legal requirements, the authority shall prevail In the following order: Federal, State, and local. 1.5 CHANGE OF BID Prior to the scheduled Bid opening a Bidder may change its Bid by submitting a new Bid (as indicated on the cover page) with a letter on the firm's letterhead, signed by an authorized agent stating that the new submittal replaces the original submittal. The new submittal shall contain the letter and all information as required for submitting the original Bid. No changes to a Bid will be accepted after the Bid has been opened. 1.6 WITHDRAWAL OF BID A Bid shall be irrevocable unless the Bid is withdrawn as provided herein. Only a written letter received by the Purchasing Department prior to the Bid opening date may withdraw a bid. A bid may also be withdrawn ninety (90) days after the Bid has been opened and prior to award, by submitting a letter to the Purchasing and Contracts Director. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Bidder. 1.7 CONFLICTS WITHIN THE BID SOLICITATION Where there appears to be ;~ conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Form, or any addendum issued, the order of precedence shall be: the last addendum issued, the Bid Submittal Form, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 1.8 PROMPT PAYMENT TERMS It is the policy of the City of Palm Beach Gardens that payment for all purchases by City departments shall be made in a timely manner. The City will pay the awarded Bidder 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. Proceedings to resolve disputes for payment of obligations shall be concluded by final written decision of the City Manager or designee, not later than sixty (60) days after the date on which the proper invoice was received by the Oty. 1.9 DISCOUNTS (PROMPT PAYMENTS) Page IS The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. City of him Belich Ganlefts ITBZ01l-023PF lrrfptlon Malntena-5enllces 1.10 PREPARATION OF BIDS a. The Bid forms define requirements of Items to be purchased, and must be completed and submitted With the Bid. Use of any other forms will result 'in the rejection of the Bidder's offer. The Bid submittal forms must be legible. Bidders shall use typewriter, computer, ·or Ink. All changes must be crossed out and Initialed In Ink. Failure to comply with these requirements may cause the Bid to be rejected. b. An authorized agent of the Bidder's firm must sign the Bid submittal form. Failure to sign the Signature Page of the Bid shall render the Bid non-responsive. c. The Bidder may be considered non-responsive if bids are conditioned upon modifications, changes, or revisions to the terms and conditions of this solicitation. d. The Bidder may submit alternate Bld(s} for the same solicitation provided that such offer Is allowable under the terms and conditions. The alternate Bid must meet or exceed the minimum requirements and be submitted as a separate Bid submittal marked •Alternate Bid'". e. When there 'Is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. 1.11 CANCELLATION OF .BID SOLICITATION The City of Palm .Beach Gardens reserves the right to cancel, in whole or in part, any Invitation to Bid when It Is ln the best Interest of the Oty. 1.12 AWARDOFCONTRACT Page 16 a. The contract may be awarded to the responsive and responsible Bidder meeting all requirements as set forth in the solicitation. The City reserves the right to reject any and all Bids, to waive Irregularities or technicalities, and to re-advertise for all or any part of this Bid Solicitation as deemed in its best Interest. The City shall be the sole judge of its best Interest. b. The City reserves the right to reject any and all Bids if it is determined that prices are excessive, best ,offers are determined to be unreasonable, or It ls otherwise determined to be In the City's best interest to do so. c. The City reserves the right to negotiate prices with the low bidder, provided that the scope of work of this solicitation remains the same . d. The Bidder's performance as a prime contractor or subcontractor on previous City contracts shall be taken Into account In evaluating the Bid received for this Bid Solicitation. e. The City wHI provide a copy of the Bid Tabulation to atl Bidders responding to this solicitation. f. The Bid Solk:itatlon, any addenda and/or properly executed modifications, the signed Agreement, the purchase order, and any change order(s) shall constitute the contract. g. The Purchasing and Contracts Director will decide all tie Bids. City of,. leach Gerdefts ITIZ013-023PF II'J1ptlon Malntenanm Servkes h. Award of this Bid may be predicated on compliance with and submittal of all required documents as stipulated In the Bid SoUcftation. t. The City reserves the right to request and evaluate additional information from any bidder after the submission deadline as the City deems necessary. 1.13 CONTRACT EXTENSION The City reserves the right to automatically extend any agreement for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new agreement is being solicited, evaluated, and/or awarded. 1.14 WARRANTY All warranties exP..ess and Implied shall be made available to ·the Oty for 1oods and services covered by this Bid Solicitation. All goods furnished shall be fully guaranteed by the awarded Bidder against factory defects and workmanship. At no expense to the Oty, the awarded Bidder shall correct any and all apparent and latent defects that may occur within the manufacture~s standard warranty. 1.15 ESTIMATED QUANTITIES Estimated quantities or dollars are for Bidde~s guidance only: (a) estimates are based on the City's anticipated .needs and/or usage; and (b) the City may use these estimates to determine the low Bidder. No guarantee is expressed or Implied as to quantities or dollars that ·will be used during the contract period. The City is not obligated to place any order for the given amount subsequent to the award of this Bid Solicitation. 1.16 NON-EXCLUSIVITY It is the Intent of the City to enter into an agreement with the awarded Bidder that will satisfy its needs as described herein. However, the City reserves the right as deemed in Its best interest to perform, or cause to be performed, the work and services, or any portion thereof, herein described in any manner it sees fit, Including but not limited to, award of other contracts, use of any contractor, or perform the work with Its own employees. 1.17 CONTINUATION OF WORK Any work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the successful Bidder, continue until completion at the same prices, terms, and conditions. 1.18 BID PROTEST Page 17 A recommendation for contract award or rejection of award may be protested by a Bidder. The Bidder may file a written protest with the City Clerk's office. The bidder shall file its written protest with the City Clerk. Monday through Friday, between the hours of 8:00a.m. and 5:00 p.m., excluding legal holidays. Protests shall contain the name, address, and phone number of the petitioner, name of the petitioner's representative (if any), and the title and bid number of the solicitation. The protest shall specffically describe the subject matter, facts giving rise to the protest, and the action requested from the City. City of Pllmleach ....... ITI201J~PF Jmptlon ~---...... The written protest must be received no later than seventy-two (72) consecutive hours (exdudlfll Saturdays, Sundays, and lepl holidays) after the time of award posti"l. 'Failure to file a timely formal written protest within the time period spedfied shall constitute a walver bv the bidder of all rights of protest. In the event of a timely protest, the City shall not proceed further with award of the contract and acreement until all administrative remedies are exhausted, or until the City Manacer determines the ,award of the contract Is Immediately necessary to protect the public health, welfare, or safety. 1.19 LAWS AND REGULATIONS The awarded Bidder shall comply with all laws and reculatlons applicable to provide the goods or services specified In this Bid SOlicitation. The Bidder shall be familiar with all federal, state, and local laws that may affect the aoods and/or services offered. 1.20 LICENSES, PERMITS AND FEES The awarded bldder(s). shall hold all licenses and/or certifications, obtain and pay for all permits and/or Inspections, and comply with all laws, ordinances, reculatlons, and bulldlns code requirements applicable to the work required herein. Damaces, penalties, and/or fines Imposed on the City or an awarded bidder for failure to obtain and maintain required licenses, certifications, permitS, and/or Inspections shall be borne by the awarded bidder. 1.21 SUBCONTRACTING Unless otherwise specified tn this Bid Solicitation, the successful Bidder shall not subcontract any portion of the work without the prior written consent of the City. The ability to subcontract may be further limited by the Special Conditions. Subcontractlns without the prior consent of the City may result ln termination of the contract for default. 1.22 ASSIGNMENT The awarded Bidder 5hall not assign, transfer, hypothecate, or otherwise dispose of this contnct, including any rights, title, or ·interest therein, or its power to execute such contract to any person, company, or corporation without the prior wrltten consent of the City. Assignment without the prior consent of the City may result In termination of the contract for default. 1.23 SHIPPING TERMS Unless otherwise specified In the -Bid Soflcttatlon, prices quoted shall be F.O.B. Destination. Frelcflt shall be lnctuded In the proposed price. 1.24 RESPONSIBILITY AS EMPLOYER The employee(s} of the awarded Bidder shall be considered to be at atl times Its employee(s), and not an employee(s} or agent(s) of the City or any of Its departments. The awarded Bidder shatl provide physically competent employee(s) capable of performlnc the work as required. The Oty may require the awarded Bidder to remove any employee it deems unacceptable. All employees of the awarded Bidder shall wear proper Identification. 1.25 INDEMNIFICATION Pate IS The awarded Bidder shall Indemnify and hold harmless the aty and Its officers, employees, agents, and Instrumentalities from any and all liability, lOsses or damages, including attorney's City of P1lm leach ~rdens ITIZO~ZJPF lrrlptlan Malnte111nce Services fees and costs of defense, which the City or its officers, employees, agents, or instrumentalities may Incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature ·arising out of, relating to, or resulting from the performance of the agreement by the awarded Bidder or Its employees, agents, servants, partners, principals, or subcontractors. The awarded Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind .or nature In the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be Incurred thereon. The awarded Bidder expressly understands and agrees that any insurance protection required by this contract agreement or otherwise provided by the awarded Bidder shall In no way limit the responsibility to indemnify, keep and save harmless, and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 1.26 COLLUSION A Bidder recommended for award as the result of a competitive solicitation for any City purchases of supplies, materials, and services (including professional services, other than professional architectural, engineering, and other services subject to Sec. 287.055 Florida Stats.), purchase, lease, permit, concession, or management agreement shall, within five (S) business days of the filing of such recommendation, submit an affidavit under the penalty of perjury, on a form provided by the City, stating either that the contractor Is not related to any of the other parties bidding In the competitive solicitation or Identifying all related parties, as defined in this Section, which bid In the solicitation; and attesting that the contractor's bid Is genuine and not a sham or collusive or made in the Interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other bidder to put In a sham bid, or any other person, finn, or corporation ·to refrain from proposing, and that the bidder has not In any manner sought by collusion to secure to the bidder an advantage over any other bidder. In the event a recommended Bidder Identifies related parties In the competitive solicitation its bid shall be presumed to be collusive and the recommended Bidder shall be ineligible for award unless that presumption is rebutted to the satisfaction of the City. Any person or entity that falls to submit the required affidavit shall be ineligible for contract award. 1.27 MODIFICATION OF CONTRACT The contract may be modified by mutual consent, in writing, through the Issuance of a modification to the contract, a supplemental agreement, purchase order, or change order, as appropriate. 1.28 TERMINATION FOR CONVENIENCE The City, at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days' written notice. Upon receipt of such notice, the awarded Bidder shall not incur any additional costs under this contract. The City shall be liable only for reasonable costs incurred by the awarded Bidder prior to the date of the notice of termination so long as Bidder is not In default and/or breach. The City shall be the sole judge of ,.reasonable costs." 1.29 TERMINATION FOR DEFAULT Page 19 In the event that Bidder falls to comply with the terms of this Contract, then City shall provide to Bidder written notice of the default and Bidder shall have frfteen {15) days within which to initiate action to correct the default and fifteen (15) days within which to cure the default to the satisfaction of Oty (the "Cure Period"). The City reserves the right to terminate this contract, in City of Palm Beach Gwdens ITIZ01J.023PF lrrlptlon Mainte1111nce Servkes part or In whole, or place the Bidder on probation In the event the awarded Bidder falls to perform In accordance with the terms and conditions stated herein and/or cure the default. The City further reserves the right to suspend or debar the awarded Bidder in accordance with the appropriate City ordinances or resolutions. The Bidder will be notified by letter of the City's Intent to terminate. In the event of termination for default, the City may procure the required goods and/or services from any source and use any method deemed in Its best interest. All re- procurement costs shall be borne by the Incumbent Bidder. 1.30 FRAUD AND MISREPRESENTATION Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, may be debarred for up to five (5) years. The City, as a further sanction, may terminate or cancel any other contracts with such Individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, Including attorney's fees. 1.31 ACCESS AND AUDIT OF RECORDS The City reserves the right to require the awarded Bidder to submit to an audit by an auditor of the City's choosing at the awarded Bidder's expense. The awarded Bidder shall provide access to all of Its records, which relate directly or indirectly to this Agreement, at Its place of business during regular business hours. The awarded Bidder shall retain all records pertaining to this Agreement, and upon request, make them available to the City for three (3) years following expiration of the Agreement. The awarded Bidder agrees to provide such assistance as may be necessary to facilitate the review or audit by the City to ensure compliance with applicable accounting and financial standards. 1.32 OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed County programs, contracts, transactions, accounts and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all City contracts. The cost of random audits shall be Incorporated into the contract price of all contracts and shall be one quarter (1/4) of one (1) percent of the contract price, except as otherwise provided In the County Code. Federal funds may be used by the City to pay for goods and/or services under this contract; the IG fee will not be deducted by the City for such purchases that utilize federal funds. However, the City reserves the right to conduct reviews of all such purchases at any time. 1.33 PRE-AWARD INSPECTION The City may conduct a pre-award inspection of the bidder's site or hold a pre-award qualification hearing to determine if the bidder is capable of performing the requirements of this bid solicitation. 1.34 PROPRIETARY/CONFIDENTIAL INFORMATION Bidders are hereby notified that all information submitted as part of, or in support of Bid submittals will be available for public Inspection after the opening of bids In compliance with Chapter 119 of the Florida Statutes, popularly known as the "Public Record law." The Bidder shall not submit any information in response to this solicitation which the Bidder considers to be a trade secret, proprietary, or confidential. The submission of any information to the City In Page 110 City of Palm leach Gardens ITB201J-G23PF lrrfptlon Maintenance Services connection with this solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection which would otherwise be available to the Bidder. In the event that the Bidder submits Information to the C1ty In violation of this restriction, either Inadvertently or intentionally, and c;learly Identifies that Information In the bid as protected or confidential, the City may, in Its sole discretion, either (a) communicate with the Bidder in writing In an effort to obtain the Bidder's withdrawal of the 'COnfidentiality restriction, or (b) endeavor to redact and return that information to the Bidder as quickly as possible, and if appropriate, evaluate the balance of the bid. The redaction or return of Information pursuant to this clause may render a bid non-responsive. 1.35 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY Acr (HIPAA) Any person or entity that performs or assists the City of Palm Beach Gardens with a function or activity Involving the use or disclosure of •individually identifiable health 'Information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996. HIPAA mandates for privacy, security, and electronic transfer standards include, but are not limited to: a. Use of information only for performing services required by the contract or as required by law; b. Use of appropriate safeguards to prevent non-permitted disclosures; c. Reporting to the City of Palm Beach Gardens any non-permitted use or disclosure; d. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; e. Making Protected Health Information (PHI) available to the customer; f. Making PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer; g. Making PHI available to the City of Palm Beach Gardens for an accounting of disclosures; and h. Making Internal practices, books, and records related to PHI available to the City of Palm Beach Gardens for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records and/or electronic transfer of data). The Bidder must give Its customers written notice of Its privacy i nformation practices, Including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.36 ADDITIONAL FEES AND SURCHARGES Unless provided for In the contract/agreement, the City will not make any additional payments such as fuel surcharges, demurrage fees, or delay-In-delivery charges. Page 111 1.37 COMPLIANCE WITH FEDERAL STANDARDS Oty of Palm Bach Gardens ITBZOU..OUPF lnfpllon Malnte!Ninee Services All Items to be purchased under this contract shall be In accordance with all governmental standards, to include, but not be limited to, those issued by the 'Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). 1.38 COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF FEDERAL FUNDING If the goods or services to be acquired under this solicitation are to be purchased, in part or in whole, with Federal funding, It is hereby agreed and understood that Section 60-250.4, Section 60-250.5, and Section 60-741.4 of Title 41 of the United States Code, which addresses Affirmative Action requirements for disabled workers, Is incorporated into this solicitation and resultant contract by reference. 1.39 BINDING EFFECT All of the terms and provisions of this contract/agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 1.40 SEVERABILITY If any part of this contract 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. 1.41 GOVERNING LAW ANDVENUE This contract 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 i n Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. 1.42 ATIORNEY'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 contract or interpret same, or if any administrative proceeding Is brought for the same purposes, each party shall pay their own attorney's fees and costs, including appellate fees and costs. 1.43 EQUAL OPPORTUNITY AND ANTI-DISCRIMINATION The City of Palm Beach Gardens complies with all laws prohibiting discrimination on the basis of age, race, gender, religion, creed, political affiliation, sexual orientation, physical or mental disability, color or national origin, and therefore is committed to assuring equal opportunity In the award of contracts and encourages small, local, minority, and female-owned businesses to participate. During the performance of this contract, the awarded bidder agrees it will not discriminate or permit discrimination in its hiring practices or in its performance of the contract. The awarded bidder shall strictly adhere to the equal employment opportunity requirements and any Page 112 Qty of Palm teach Gllrdens ITI201J-023PF Jnfptlon Maintenance s.rvten applicable requirements established by the State of Florida, Palm Beach County and the federal government. The awarded bidder further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors In connection with this Contract. 1.44 AVAILABIUTY OF CONTRACT TO OTHER CITY DEPARTMENTS It is agreed and understood that any City department or agency may access this contract and purchase the goods or services awarded herein. Each City department will issue a separate purchase order to the awarded Bidder for the department's specifiC purchases. 1.45 CRIMINAL HISTORY BACKGROUND CHECKS Prior to hiring a contract employee or contracting with a bidder, the City may conduct a comprehensive criminal background check by accessing any Federal, State, or local law enforcement database available. The contract employee or bidder will be required to sign an authorization for the City to access crimi nal background information. The costs for the background checks shall be borne by the City. 1.46 LABOR, MATERIALS, AND EQUIPMENT Unless specified elsewhere In the Solicitation or resultant contract, all labor, materials, and equipment required for the performance of the requirements of the Contract shall be supplied by the awarded Bidder. 1.47 MINIMUM WAGE REQUIREMENTS The awarded Bidder shall comply with all minimum wage and living wage requirements, such as Uving Wage requirements, minimum wages based on Federal Law, minimum wages based on the Davis-Bacon Act, and the provisions of any other wages laws, as may be applicable to this Contract. 1.48 PACKING SUP AND DELIVERY TICKET A packing slip and/ot delivery ticket shall accompany all items during delivery to the Oty. The documents shall include information on the contract number or purchase order, any back order items, and the number or quantity of Items being delivered. 1.49 PURCHASE OF OTHER ITEMS The City reserves the right to purchase other related goods or services, not listed in the solicitation, during the contract term. When such requirements are Identified, the Oty may request price quote(s) from the awarded Bidder(s) on the contract. The Oty, at its sole discretion, will determine if the prices offered are reasonable, and may choose to purchase the goods or services from the awarded Bidder, another contract vendor, or a non-contract vendor. 1.50 PUBLIC RECORDS Florida law provides that municipal records shall at all times be available to the public for Inspection. Chapter 119, Florida Statutes, the Public Records Law, requires that all material submitted in connection with a bid response shall be deemed to be public record subject to Page 113 City of him leach Gwdens ITI201~"' lnfptlon Maintenance SerVIces public Inspection upon award, recommendation for award, or thirty (30) days after bid opening, whichever occurs first. Certain exemptions to public disclosure are statutorily provided for In Section 119.07# Florida Statutes. If the Bidder believes any of the Information contained In his/her/Its bid is considered confidential and/or proprietary, Inclusive of trade secrets as defined In Section 812.081, Florida Statutes, and Is exempt from the Public Records Law, then the Bidder, must In Its response, specifically Identify the material which Is deemed to be exempt and state the legal authority for the exemption. All materials that qualify for exemption from Chapter 119, Florida Statutes or other applicable law must be submitted in a separate envelope, clearly identified as "'EXEMPT FROM PUBLIC DISCLOSURE" with the firm's name and the bid number clearly marked on the outside. The City will not accept bids when the entire bid Is labeled as exempt from disclosure. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss .or damages incurred by any person or entity as a result of the City's treatment of records as public records. The awarded bidder(s) shall keep and maintain public records and fully comply with the requirements set forth at Section 119.071, Florida Statues; failure to do so shall constitut e a material breach of any and all agreements awarded pursuant to this solicitation. 1 .51 CONFLICTS OF INTEREST All Bidders must disclose with their bid the name of any officer, director, or agent who Is also an employee of the City of Palm Beach Gardens. Further, all Bidders must disclose the name of any City employee who has any interest, financial or otherwise, direct or Indirect, of five percent (5%) or more In the Bidders' firm or any of Its branches. Failure to disclose any such affiliation will result In disqualification of the Bidder from this Invitation to Bid and may be grounds for further disqualification from participating In any future bids or bids with the City. 1.52 PUBLIC ENTITY CRIMES As provided In Section 287 .133(2) (a), Florida Statutes, a person or affiliate who has been placed on the convicted vendors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity; may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. 1.53 OTHER GOVERNMENTAL AGENCIES If a bidder Is awarded a contract as a result of this ITB, the bidder shall allow other governmental agencies to access this contract and purchase the goods and services under the terms and conditions at the prices awarded, as applicable. 1.54 COMPLETION OF WORK AND DELIVERY All work shall be performed and all deliveries made In accordance with good commercial practice. The work schedule and completion dates shall be adheted to by the awarded bidder(s), except In such cases where the completion date will be delayed due to acts of nature, force majeure, strikes, or other causes beyond the control ·of the awarded bidder. In these cases, the awarded bidder shall notify the City of the delays in advance of the original completion so that a revised delivery schedule can be appropriately considered by the City. Page 114 1.55 FAILURE TO DELIVER OR COMPLETE WORK City of him leach Gardens .ITB~U-ODPF lrrlption Malntenanee Services Should the awarded bidder(s} fail to deliver or complete the work within the time stated in the contract, It Is hereby agreed and understood that the City reserves the authority to cancel the contract with the awarded bidder and secure the services of another vendor to purchase the Items or complete the work. If the City exercises this authority, the City shall be responsible for reimbursing the awarded bidder for work that was completed, and items delivered and accepted by the City In accordance with the contract specifications. The City may, at Its option, demand payment from the awarded bidder, through an invoice or credit memo, for any additional costs ·over and beyond the original contract price which were incurred by the City as a result of having to secure the services of another vendor. 1.56 CORRECTING DEFECTS The awarded bidder shall be responsible for promptly correcting any deficiency, at no cost to the ctty, within three (3) calendar days after the City notifies the awarded bidder of such deficiency in writing. If the awarded bidder fails to correct the defect, the City may (a) place the awa.rded bidder In default of its contract; and/or (b) procure the products or services from another source and charge the awarded bidder for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through Invoicing. 1.57 ACCIDENT PREVENTION AND BARRICADES Precautions shall be exercised at all times for the protection of persons and property. All awarded bidders performing services or delivering goods under this contract shall conform to all relevant OSHA, State, and County regulations during the course of such effort . .Any fines levied by the above-mentioned authorities for failure to comply with these requirements shall be borne solely by the awarded bidder. Barricades shall be provided by the awarded bidder when work Is performed in areas traversed by persons, or when deemed necessary by the City. 1.58 OMISSIONS IN SPECIFICATIONS The specifications and/or statement of work contained within this .solicitation describe the various functions and classes of work required as necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall not relieve the bidder from furnishing, installing, or performing such work where required to the satisfactory completion of the project. 1 .59 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The awarded bidder hereby acknowledges and agrees that all materials, except where recycled content is specif~eally requested, supplied by the awarded bidder in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the awarded bidder are found to be defective or do not conform to speclflcations, (1) the materials may be ,returned to the awa r ded bidder at the bidder's expense and the contract cancelled; or (2) the City may require the awarded bidder to replace the materials at the bidder's expense. 1.60 TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW" REGULATIONS The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administrat ion (OSHA) requires employers to inform their employees of any toxic substances to Page 115 City of him Beach Gudens ITBZ01J.G3PF lrrlptlon Malntena._ Senrbs which they may be exposed in the workplace, and to provide training In safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances resularly present In the workplace. Accordingly, the awarded bidder(s)' performing under this contract are required to provide two (2) complete sets of Material Safety Data Sheets to each City department utilizing the any awarded products that are subject to these regulations. This Information should be provided at the time when the initial delivery Is made, on a department-by-department basis. 1.61 TAXES The City of Palm Beach Gardens Is exempt from Federal and State taxes for tangible personal property. 1.62 BIDDER'S COSTS The Oty shall not be liable for any costs incurred by Bidders in responding to this Invitation to Bid. 1.63 SUBSTITUTION OF PERSONNEL It Is the Intention of the City that the awarded Bidder's personnel proposed for the contract shall be available for the Initial contract term. In the event the awarded Bidder wishes to substitute personnel, the awarded Bidder shall propose personnel of equal or higher qualifications, and all replacement personnel are subject to the City"s approval. In the event the substitute personnel are not satisfactory to the City, and the matter cannot be resolved to the satisfaction of the Oty, the City reserves the right to cancel the contract for cause. 1.64 FORCE MAJEURE The Oty and the awarded Bidder are excused from the performance of their respective obligations under the contract when and to the extent that their performance is delayed or prevented by any circumstances beyond their control, Including fire, flood, explosion, strikes or other labor disputes, natural disasters, public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance provided that: a. The non-performing party gives the other party prompt written notice describing the particulars of the force majeure, including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the force majeure. b. The excuse of performance Is of no greater scope and of no longer duration than Is required by the force majeure. c. No obligations of either party that arose before the force majeure causing the excuse of performance are excused as a resutt of the force majeure. d. The non-performing party uses its best efforts to remedy Its inability to perform. Page 116 City of P•lm leach G8nlens nBZOl3-023PF lnlptlon ~lnten•-Servlca Notwithstanding the above, performance shall not be excused under this section for a period In excess of two (2) months, provided that In extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the awarded Bidder shall not constitute a force majeure. The term of the contract shan be extended by a period equal to that during which either partfs performance Is suspended under this section. 1.65 NOTICES Notices shall be effective when received at the addresses specified In the contract/agreement. Changes In respective addresses to which such notices are to be directed may be made from time to time by either party by written nOtice to the other party. Facsimile and email transmissions are acceptable notice effective when received; however, facsimile and email transmissions received after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notke must also be mailed to the receiving party. Nothing contained In this section shall be construed to restrict the transmission of routine communications between representatives of the successful Proposer and the City of Palm Beach Gardens. 1.66 POOL CONTRACTS During the term of contracts and agreements that are executed as vendor pools, awarding vendors In prequalifled pools of vendors, either as a general pool or by categories, sub- categories, or groups, the City reserves the right to add new vendors to these contracts for goods or services not awarded for the original solicitation or as part of the general pool category, sub-category or group. To be eligible to be added to these pool contracts, a vendor must meet the same eligibility requirements established in the original Invitation to Bid. END OF SECTION 1 Page 117 SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE: TO ESTABUSH A CONTRACT FOR THE CITY City of him Beach~ ITJ201J~ ·~ MalnteMnce Servlms The purpose of this solicitation Is to establish a contract for the purchase of maintenance, repair, and servicing of landscape Irrigation systems for the City of Palm :Beach Gardens, Florida. 2.2 CONTRACT MEASURES AND PREFERENCES Intentionally Omitted 2.3 PRE-BID CONFERENCE The City will hold a Pre-Bid Conference on Friday, July 19, 2013, starting promptly at 10:00AM at City Han:. 10500 N Military Tran, Palm Beach Gardens, FL 33410. Potential bidders should brln_g a copy of this solicitation with them to the Pre-Bid Conference. Bidders will be allow~d to ask questions and obtain information on Important aspects of this solicitation. · The purpose of the Pre-Bid Conference Is to provide and solldt Information relative to the scope, purpose, nature, and extent of the work, and any local conditions, which may affect the work and its performance. Submission of a bid shall constitute an acknowledgement by the bidder that it has tboroushly examined and Is familiar with the requlrements of thls lsolicitatlon package. The failure or nealect of a bidder to exam i ne the solicitation package, shall in no way ·relieve the bidder of any obliaation with respect to Its bid or the requirements of the contract. No claim for additional compensatlon will be allowed which Is based on a lack ·of knowledge of the requirements of this solicitation package or the resultant contract. 2.4 TERM OF CONTRACT: FIVE (5) YEARS This contract shall commence on the date of the duly executed Agreement. and shal.l remain in effect for five (5) year(s), contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the last month of the five (5)-year contract term. 2.5 OPTIONS TO RENEW Intentionally Omitted 2.6 METHOD OF AWARD: TO A SINGLE LOWEST P.RICED BIDDER IN THE AGGREGATE Award of this contract w l ll be made to the responsive, responsible bidder that submits an offer on all items listed In the solicitation and whose offer represents the lowest price when all items are added In the aggregate. If a bidder falls to subrnlt an offer on all items, Its overall offer may be rejected. The City will award the total contract to a sinsJe bidder. 2.7 PRICES SHALLBE FIXED AND FIRM If the bidder Is awarded a contract under this solicitation, the prices offered by the bidder shall remain fixed and firm durins the term of ,contract, except for any price adjustments that may be allowed elsewhere In this Contract. 2.8 PRICE ADJUSTMENTS Intentionally Omitted Page 118 2.9 EXAMINATION OF CITY FACILITIES OR EQUIPMENT City of Palm Beach G1rdens ITI2013-GZ3PF lrrlptlon M1lnten111C2 Services Prior to submitting an offer, It Is recommended that the bidder visit the site of the proposed work and become familiar with any conditions which may In any manner affect the work to be done or affect the equipment, materials and labor required. The bidder Is also advised to exam- Ine careful ly any drawings, specifications, or equipment, and become thoroughly aware ~egardlng any and all conditions and requirements that may In any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. 2.10 EQUAL PRODUCTS Intentionally Omitted 2.11 LIQUIDATED DAMAGES Intentionally Omitted 2.12 INSURANCE The awarded bidder shall not commence any performance pursuant to the terms of this bid until certification or proof of Insurance has been received and approved by the Oty's Risk Coordinator or designee. The required Insurance coverage Is to be issued by an Insurance .company authorized, licensed and registered to do business in the State of Florida, with the minimum rating of 8+ or better, In accordance with the latest edition of A.M. Best's Insurance Guide. This Insurance shall be documented fn certificates of insurance which provides that the City of Palm Beach Gardens shall be notified at least thirty (30) days in ~dvance of cancellation, non-renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the awarded bidder's obligation to fulfill the Insurance requirements herein. Deductibles must be acceptable to the Crty of Palm Beach Gardens. The awarded bidder must submit a cun:ent Certificate of Insurance, naming the City of Palm Beach Gardens as an ~dditlonal Insured and list as such on the insurance certificate. New certificates of'Jnsurance are to be provided to the City upon expiration. The awarded bidder shall provide insurance coverage as follows: a. WORKERS COMPENSATION Awarded bidder shall carry Workers Compensation Insurance to apply for all employees In compliance with the "Workers Compensation lavt' of the State of Florida and all applicable Federal laws. The City reserves the right not to accept exemptions to the Workers Compensation requirements of this solicitation. b. COMPREHENSIVE GENERAL LIABilllY Page 119 Awarded bidder shall carry Comprehensive General liability Insurance with minimum limits of One Million Dollars ($1,000,000.00); and Include Products/Completion liability of One Million Dollars ($1,000,000). Such certificate shall list the City as additional insured. aty of Pllm Inch G~ ITIZOu.GUPF lrrlptlon Maintenance Services NOTE: tf Comprehensive General Liability limits are less than One Million Dollars ($1,000,000.00), the sum of Comprehensive General Uabllity limits and Excess Liability limits must equal no less than One Million Dollars ($1,000,000.00). c. AUTOMOBILE LIABILilY Awarded bidder shall carry Automobile Liability Insurance to include owned, ·non- owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00) each occurrence. 2.13 BID BOND/GUARANTY Intentionally Omitted 2.14 PERFORMANCE BOND Intentionally Omitted 2.15 CERTIFICATIONS Any bidder that submits an offer In response to this solicitation shall, at the time of such offer, hold a valid certification as a Certified Landscape Irrigation Contractor issued by the State or County Examining Board quafifying the bidder to perform the work proposed. If work for other trades is required in conjunction with this solicitation and will be performed by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the prime bidder's offer; provided, however, that the Oty may at Its option and In Its best interest allow the bidder to supply the subcontractor(s) certlfk:ate to the City during the bid evaluation period. There shall be no subcontracting of any services In this contract. The awarded bidder submitting Its offer must be licensed and capable of performing the work. 2.16 METHOD OF PAYMENT: PERIODIC INVOICES FOR COMPLETED WORK The awarded bidder shall submit an invoice to the City after work has been completed, on a periodic basis. The date of the Invoices shall not exceed thirty (30) calendar days from the delivery of the Items. Under no circumstances shall the Invoice be submitted to the dty In advance of the delivery and acceptance of the Items or work. The Invoice shall contain the following basic information: the awarded bidder's name and address, invoice number, date of Invoice, descrlDtion of the serviCe performed and the soecifiC locations of service, the contract number, purchase order number, and any discounts. 2.17 DELIVERY REQUIREMENTS Intentionally Omitted 2.18 WARRANlY SHALL BE ONE (1) YEAR FROM DATE OF ACCEPTANCE In addition to all other warranties that may be supplied by the bidder, the awarded bidder shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of one (1) year from the date of acceptance of the labor, materials and/or equipment by the City. this warranty requirement shall remain in force for the full period; Fesardless of whether the awarded bidder Is under contract with the City at the time of defect. Page 120 City of Palm Beach Gardens ITB2011-0Z3PF lrrlptlon Maintenance Services Any payment by the City on behalf of the goods or services received from the awarded bidder does not constitute a waiver of these warranty provisions. 2.19 ADDITIONALLOCATIONS Although this solicitation and resultant contract identifies specific locations to be serviced, it is hereby asreed and understood that any aty location may be added to this contract at the option of the City, for similar services. When required by the pricing structure of the contract, awarded bidders shall be invited to submit price quotes for these additional locations. If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the current awarded bidder(s) that offers the lowest acceptable pricing. If this contract has a single awarded bidder, the additional site(s) may be added to this contract by formal modification of the contract. The City may determine to obtain price quotes for the additional locations from non-contract vendors In the event that fair and reasonable pricing Is not obtained from the current awarded bidders, or for other reasons at the City's discretion. The City shall also have the right to delete any location from this contract, upon written notification to the awarded bidder. 2.20 CATALOGS AND PRICE LISTS Intentionally Omitted 2.21 CLEAN UP The awarded bidder shall remove all unusable materials and debris from the work areas at the end of each workday, and disposed of in an appropriate manner. Upon final completion, the awarded bidder shall thoroughly clean up all areas where work has been involved as mutually agreed with the City's authorized representative. 2.22 DEMONSTRATION OF EQUIPMENT Intentionally Omitted 2.23 HOURLY RATE Intentionally Omitted 2.24 MOTOR VEHICLE LICENSE REQUIREMENT Intentionally Omitted 2.25 PATENTS AND ROYALTIES Intentionally Omitted 2.26 PRE-CONSTRUCTION CONFERENCE Intentionally Omitted 2.27 RELEASE OF CLAIM REQUIRED Pursuant Section 255.05, Florida Statutes all payments to the subcontractors shall be made by the awarded Bidder within ten (10) days of receipt of the partial payment from the City. With the exception of the first partial payment, the awarded Bidder must pay all of fts subcontractors and suppliers who have performed any work or supplied any materials for the project within ten {10) days after receipt of the partial payment by the awarded Bidder for monies due such subcontractors and suppliers as a result of a percentage of the work completed. The awarded Page I 21 City of him leach Gardens IT8Z013-023PF lrription MadeftllftCie Services Bidder must provide the Oty's project manager with duly executed affidavits (subcontractor's statement of satisfaction) or releases of daim from all subcontractors and suppliers who have performed any work or supplied any materials for on the project as of that date. The affidavit or releases shall certify that said subcontractors and suppliers have been paid their proportionate share of all previous partial payments to the awarded Bidder. In the event such affidavits cannot be furnished, the awarded Bidder may submit an executed consent of surety to requisition payment, Identifying the subcontractors and suppliers with the amounts for which the statement of satisfaction cannot be furnished. If the awarded Bidder fails to provide a consent of surety to requisition payment, the amount In dispute will be withheld until either the statement of satisfaction is furnished, or the consent of surety to requisition payment is furnished. 2.28 SUBCONTRACTORS No subcontracting will be allowed under this contract. 2.29 OTHER FORMS OR DOCUMENTS tf the City is required by the awarded Bidder to complete and execute any other ·forms or documents in rel'ation to this solicitation, the terms, conditions, and requirements In this solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Bidder's forms or.documents. END OF SECTION 2 Page 122 SECTION 3 SCOPE OF WORK AND TECHNICAL SPECIFICATIONS 3.1 GENERAL REQUIREMENTS The following are the general specifications for the irrigation maintenance services of medians and public grounds In the Oty of Palm Beach Gardens. a. The stope of work shall include, but not be limited to, the operation and continued maintenance of the automatic irrigation systems to provide irrigation water to all planted areas within the areas specified in the contract. b. The awarded bidder shall furnish all supervision, tabor, materials, supplies, and equipment, as necessary, to properly maintain the work specified herein. Supervisory personnel used to oversee the required maintenance shall have a minimum of five (5) years of experience In irrigation maintenance. c. No activity shall be carried out In a manner that will disrupt, inconvenience or endanger any member of the public. Failure to follow mandated safety practices or guidelines may result In termination of the contract for cause. d. The awarded bidder shall be responsible for repair of any damages that occur as a result of Its operations, including but not limited to, plant loss due to improper irrigation maintenance procedures, Improper equipment operation, pavement damage from loading or unloading, and fuel spills. The awarded bidder shall take all necessary precautions to protect ,the City's property. Any damage to Oty or private property, which has occurred as a direct result of the awarded bidder's operations, must be reported to the City's field representative immediately. 3.2 RESPONSIBILITIES OF AWARDED BIDDER a. The awarded bidder Is responsible for the repair of any sprinkler heads, water, electric, telephone lines, hedges, shrubbery, trees, buildings, etc., damaged during the course 'Of their operation. These repairs shall be accomplished promptly, with like materials at the awarded bidder's expense. It Is recommended that the awarded bidder inspect all areas to be maintained prior to starting work, and report damages to the City field representative for verification as to eliminate such damage being discovered during the post service inspection and being assessed as damage caused by the awarded bidder during his operations. b. At the end of each maintenance day, all walks, drives, road surfaces, and open space areas shall be free of any loose materials, trash, and/or debris. c. All personnel shall wear proper attire, which, as a minimum, includes a standard shirt carrying the company's name and/or logo, present a good appearance and maintain a professional code of conduct. All personnel shall wear safety vests with reflective striping when working within the road right-of-way. The awarded bidder shall be solely responsible for complying with all applicable FOOT Maintenance of Traffic standards when working within the road right-of-way. Page 123 City of Palm leach Gardens ITB:Z01l-023PF lrrlption Maintenance Services d. No storage or provision for storage will be allowed on site for maintenance equipment or materials. e. Alt vehicles shall be clearly identified With the company name and/or Joso and present a good appearance. Vehicles and equipment shall be parked within the City right-of-way so as not ;to obstruct or Interfere with pedestrian or vehicular traffic. 3.3 GENERAL SCOPE OF SERVICES a. The work to be performed by the awarded bidder shall include all labor, materials and equipment necessary to repair and ma i ntain existing Irrigation systems located throughout the City. b. The awarded bidder shall perform all Its obligations and functions under this contract In accordance with these specifications, and in a professional and businesslike manner so that all the turf areas and plantings are ·irrigated properly. The awarded bidder shall use its best efforts to coordinate its activities with and adjust its activities to the needs and requirements of the City; and to perform its activities so as not to disturb, endanger, unreasonable interfere or delay operations or activities in the work areas. c. The awarded bidder shall make reasonable Immediate response to correct problems or perform special actions as requested by the city. The awarded bidder shall designate a representative who shall act as the main contact with the Oty for this contract. 3.4 IRRIGATION SYSTEM MAINTENANCE a. The awarded bidder shall be responsible for monitoring of the Irrigation systems in the areas tovered by this contract CJnd shall submit a monthly written report (Service Check Off Ust) to the City. Monitoring of the Irrigation system includes: f. monthly wet checks; fl. adjusting all valves and heads for proper operation and direction such that they do not spray Into or across roadways, walkways, or any other vehicular or pedestrian areas; Iii. clearing away grass, debris, or vegetation that may hinder the operation of the sprlnklt!r heads; iv. replacement of sprinkler heads and/or nozzles. Replacement of sprinkler heads and nozzles shall be In accordance with unit price submitted In this bid. b. The majority of the specified areas for Irrigation system maintenance are controlled by a TORO Sentinel centralized irrigation system. The awarded bidder has the option of utilizing a Oty-owned hand held Sentinel radio to perform the monthly wet check service. Any damage caused to the hand t'!eld radio by carelessness of the awarded bidder will be deducted from the monthly Invoice amount. c. If the Irrigation system or surrounding property is damaged as the result of the awarded bidder's maintenance activities or failure to provide proper maintenance, the awarded Page 124 aty of Palm leach Gardens mzoUQ3PF lrrtpdon Maintenance Setvka bidder shall be responsible for all materials and labof required for prompt repair to the City's satisfaction. The awarded bidder shall be responsible for maintaining proper elevation on all Irrigation system components to prevent damage by maintenance activities and/or vehicles. d. Non-WOrking sprinkler heads shall be replaced only with the models spedfled In the "Materials List". Substitution of other models will not be accepted. All damaged heads that have been replaced shall be returned to the City's authorized representative for verification. e. The City will be responsible for the cost of labor and materials for any repairs and or replacement of the following Items during maintenance inspections: I. defective control valves; fl. defective, cut and/or damaged electrical lines; Iii. subterranean pipe work; lv. non-functionil'll pumps; v. non-functionil'll controllers. END OF SECTION 3 Page 125 4.1 PRICES AND RATES SECTION4 PRICING SCHEDULE aty Gf Palm ae.ch Gardens ITIZOlJ.OUPF lrrlptlon ~teMnot Services The Bidder shall indicate in the spaces provided, the firm and fixed prices and rates offered to the City for the goods and/or services described below. IRRIGATION .SYSTEM MAINTENANCE MONTHLY WET CHEtK LOCATIONS NO. OF NO. OF t..u:niAII.IC. 7nNFc; Hood Road medians: 600 6 6 Military Trail to Alternate AlA Military Trail medians: 600 6 12 Hood Road to Donald Ross Road Alternate AlA medians: 602 2 18 Hood Road to Donald Ross Road PGA Blvd medians: 203 9 13 Military Trail to Turnpike Overpass PGA Blvd medians-3 8 Intracoastal Waterway bridge Military Trail medians: 107/205/106/103 9 18 Arbor Way to PGA Blvd Northlake Boulevard medians: 204 4 6 Military trail to Turnpike overpass Military Trail medians at Gardens oaks: 107 2 7 Military Trail medians I 95 overpass to EPs-;3 4 7 canal: 108 Bums Rd medians Military Trail to Alt AlA: 103 3 5 Burns Rd medians Gardens East Dr to Prosperity 5 24 Farms Rd: 201 Holly Dr Military Trail to Riverside Dr. 202 11 12 Mac Arthur Blvd medians and right of ways: 101 10 14 Alt AlA RCA Blvd to Bums Rd west road shoulder only: 212 6 1-95 & Northlake Blvd quads: 21Q-211 4Quads 10 1-95 & PGA Blvd quads: 1n, 778, 779 & 780 4Quads 36 TOTAL MONTHLY PRICE FOR ALl lOCATIONS: MONTHLY rn~ PFR c;m: $ ~8 ~00 $ I ;t.c, .oo $ 1 ~q . oo $ f?J{&,.gJ $ ?Lf . DO $ I <J'1 .DD $ {p 3.DD $ 73 ·~ $ 7?/. 9> $ 59-.f{;D $ d-5~.co $ /~fp .. oo $ /47#00 $ (p 3 .00 ' -- $ to'S~oo $ 37~t.P $ .;)..-/ ~/. O(J MATERIALS UST City of Palm leach Gardens ITB2013-ouPF lrriptlon Malntenanc::e Services Unit cost for head repair labor and Material Toro 570Z-6P XF COM with Nozzle Toro Spray Noule 4• Rotor Head Hourly charge for Technician and Helper Page 127 $ L(.oo $ a-7. SD c:~o o.Ji!.. $ ___ -_ f _,_per hour END OF SECTION 4 PART 1: SECTION'S ACKNOWLEDGEMENT OF ADDENDA City of Palm 8etlch Gardens ITB2013-0UPF lnlptlon Malntenanw Services INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES Ust below the dates of 'Issue for each addendum received In connection with this solicitation: Addendum #1, Dated .........,_1 .... · ..,.f,_:f,J,.j/'"-lll:....=~:::;_-- Addendum #2, Dated ___ /_. 4t_~...;.~__,_/_J....,;;~;;...· ·-- Addendum #3, Dated _________ _ Addendum #4, Dated _________ _ Addendum #5, Dated _________ _ Addendum #6, Dated _________ _ Addendum #7, Dated _________ _ Addendum #8, Dated _________ _ Addendum #9, Dated _________ _ Addendum #10, Dated---------- PART II: 0 NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION FlrmNa~ Name and Title. (Print or Type) Date Page I 28 SECTION 6 BID SUBMITTAL SIGNATURE PAGE City of him leach G.,.._ ITBZ013-0DPF I~ MMiteMMaServlcK By signing this Bid the Bidder certifies that it satisfies all 'legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: ~t2EA-Suf2c CoAST ttZil/6~;orJ 2; LA-rJfXcAPI5 Uft Street Address: MeiliAg Aflclress {if aiUereAt thali ~lteet Address); . , Telephone Number(s): { /?:;L) 5 ~ (p -L/ £35 Fax Number(s): (7 7 ,;;L) 0 Lf 4:> -4 59 g Email Address: YhC h ecfi n 8 -fc:r,-t4 cvh' OJ?. Co"'""' Federal Employer Identification Number: di)~ -0 · 9 8 / ;>.-)? Prompt PaymentTenns: -" __ days" net _days (s· atur f authorized agent) PrintName: ~~ a~~d;A/ 1 Title: ~v/~t' ~~"''~a:>, X-o1-1"3 By signing this document the bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID NON·RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN . EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Page 129 7.1 AFFIDAVITS SECTION 1 AFFIDAVITS City of Palm Beach Gardens nl2013-oz3PF lqation Mllintenllnce Servka The fonns listed below must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents a binding commitment upon the bidder to provide the goods and/or services offered to the CitY if the bidder Is determined to be the lowest responsive and responsible bidder. a. Conflict of Interest Disclosure Form b. Notification of Public Entity Crimes Law c. Drug-Free Work Place d. Non-Collusion Affidavit e. Performance Bond (if required) (Not Applicable) (The remainder of this page Is Intentionally left blank.} Page 130 CONFUCT OF INTEREST DISCLOSURE FORM City pf him t.ach Gwllens ITI20U-023PF lrrJaation Malnte--s.rvtca The award of this contract Is subject to the provisions of Chapter 112, Florida Statutes. All bidders must disclose Within their bids: the name of any officer, director, or agent who Is also an employee of the City of Palm Beach Gardens. Furthermore, all bidders must disclose the name of any Oty employee who owns, directly, or Indirectly, an Interest of more than five percent (S") in the bidder's firm or any of tts branches. The purpose of this disclosure form is to give the Crty the Information needed to identify potential conflicts of Interest for evaluation team members and other key personnel Involved in the award of this contract. The term "conflict of Interest" refers to situations In which financial or other personal considerations may adversely affect, or have the appearance of adversely affectins, an employee's professional judgment In exerclsins any City duty or responsibility In administration, management, Instruction, research, or other professional activities. Plea~e c~ one of the following statements and attach additional documentatiOn tf necessary: V To the best of our knowledge, the undersigned firm has no potential conflict of Interest due to any other Cities.~ Counties, contracts, or property Interest for this bid. The undersigned firm, by attachment to thls form, submits Information which may be a potential conflict of Interest due to other Cities, Counties, contracts, or property 'interest for this bid. Acknowledged by: /fZ,EA-~u!ZE-Co~r /IZ-f2t6f¥7/o,J .f U/-tVDSc~ Firm Name L,LO . .~ . . . Date Pa,e I 31 NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list followlll8 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 teases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub-vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for category Two ($35,000.00) for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date Page 132 DRUG-FREE WORKPLACE City of, ... lelch co.niHs ,fTBZOl.J.OZJPf ~.MIIInten.nce Servka . _. . . 1 ~ L.A-f'lD!fc APe UC.. reeA-&uec C!.OA1STIIZ/li6/t7/oi"J r . isadrug-freeworkptaceandhas (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: , /t2eA-Sv2C ~ t£12t6~/oN 7LA-Ar6$.c4PE"" Firm Name . U(Z; Signature Name and Title (Print ;.:J;e) Date Page 133 NON-COLLUSION AFFIDAVIT City of him ae.ch Gardens ITIZOJ.l.Ol3Pf I~ Maintenance~ STATE OF FlORIDA COUNTY OF PALM BEACH Before me, the undersigned authority, personally appeared 6 R/2.. Y 6Le7C' HtnA-1'/ who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. b. He/She' 1s 6PreY 6/..E}CHitAM <J:~oe~co~ . the bidder that has submitted a bid to perform work for the following: ltl/ZI6J4:'no;J -J.l.,.,4tJ l>s:t::A PELLC ITB No.: -:;J:"<7"~ d-OJ3-D;;>-3ft=title: //2.R..le,A-710N MA-INIEJJ A-f'JC§ SeJ'Z. VICe$ He/She is fully informed respecting the preparation and contents of the attached Request for Bids, and of all pertinent circumstances respecting such solicitation. Such bid is genuine and is not a collusive or sham bid. c. Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties In interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or Indirectly, with any other bidder, firm, or person to submit a collusive or sham bid in connection with the solicitation and contract for which the attached bid has been submitted or to refrain from proposing In connection with such solicitation and contract, or has in any manner, directly or Indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm, or person to fix the price or prices In the attached bid or any other bidder, or to fix any overhead, profit, or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the Oty or any person interested In the proposed contract. d. The price or prices quoted In the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of Its SEAL agents, representatives, owners, employees, or parties in interest, includi this affiant • RACHEL WILLARD Jlowy Putillc • State of Florida My eo.. Explitl Sep 20, 2014 eo.mluloll # DD Vl6452 IOIIIMl'llnllllh IIIIIIDaiiNoWy Assn. ' Page 134 SECTIONS DRAFT FORM OF AGREEMENT City of Palm leach Garct.. ITBZOU-GUPF lrrlptlon Maintenance Servlca Below Is the standard agreement format for this Invitation to Bid. This Is a sample agre.ement ontv and Is subject to revisions. PLEASE DO NOT COMPLETE. AGREEMENT THIS AGREEMENT Is hereby made and entered Into this __ day of 20_, (the "effective date•) by and between the City of Palm Beach Gardens, a Florida municipal corporation (•a~), whose address Is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and a corporation (hereafter referred to as "Contractor'), whose address Is WHEREAS, the City desires to retain the services of the Contractor to provide the soods and services In accordance with the City's Invitation to Bid Ho. and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, In consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLEl. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth In the City's Invitation to Bid No. and the Contractor's response to the Invitation to Bid, Including all documentation required thereunder. ARTICLE2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified In the specifications accompanying the City's Invitation to Bid, which are Incorporated herein by reference. ARTICLE3. COMPENSATION The City shall pay to the Contractor, In compliance with the Pricing Schedule attached hereto and Incorporated herein, according to the terms and specifications of the referenced Invitation to Bid. ARTICLE4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be In writing and shall be hand delivered, telecommunlcated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: Page 135 I. As to the City: ii. with a copy to: fii. As to the Contractor: Cityof ,Palm Beach Gardens 10500 North Military TraH City of Palm Bach Gardens ITIZ013-onPF lrrfption Malntena.-Services Palm Beach Gardens, Florida 33410 Attn: City Manager Email: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: Attn.·......_ _________ _ Ew.U:~-------------- b. Headings. The headings contained in this Asreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or Interpretation of this Asreement. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLES. CONTRACT TERM This term of this Agreement shall be from the effective date through ____ ,.~ 20__,~ unless terminated earlier in accordance with terms set forth in the ITB. (Remainder of this page is intentionally left blank.) Page J36 City of Palm leach Gardens IT8Z013-023PF lrrlption Maintenance Services IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. [SEAL] ATTEST: IF-----------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~·------------------R. Max lohman, City Attorney WITNESS: CITY OF PALM BEACH GARDENS, FLORIDA By: _____________ _ Ronald M. Ferris, City Manager By: _____________ _ ~~~--------------------- By: ____________ _ Print ft~M~t,_ _______ -'--;....;..;..----.;..,..__ END OF SECTION 8 Page 137 Irrigation SeNice Check Ust Date Completed: Clock #-zone # Zone Type Rotor/mist Page 138 SECTION 9 EXHIBITS IRRIGATION MAINTENANCE SERVICES SAMPLE Irrigation Service Check Ust Work performed or additional work needed City of him leach GanleM ITB201J-023PF ,........, Malnteunce Services EXHIBIT "B" PRICING SCHEDULE Item II _ ..... ·-No. a. Hoo d Ro ad medians: 160() 1 b. Military Trail medians: 600 I c. DELETE D I d. PGA Blvd medians: 203 I e. PGA Blvd medians: ICW bridge f. Military Trail medians: 107/205/106/103 g. Northlake Boulevard medians: 204 h. DELETED i. Military Trail medians 1-95 OVerpass j Bums Road medians/Military Trail I k. Bum s Road medians/Gardens East I. Holly Drive/Military Trail to Riverside Dr m. M acArthur Blvd medians and ROWs I n. Alte rnate AlA/RCA Blvd to Bums Road o. 1-95 and Northlake Boulevard quads p. 1-95 and PGA Boulevard quads TOTAl M ONTHLY P RICE MATERIAlS UST i. Toro 570Z-6P XF COM with Nozzle ii. Toro Spray Nozzle iii. 4" Rotor Head iv. Hourly Charge for Technician and Helper City of Palm Beach Ga rdens ITB201 3-0 23PF Irri gatio n Ma inte nance Services Monthly Price $63.00 I I I $126.00 I $136.50 $84.00 $189.00 $63.00 $73.50 $52.50 $252.00 $126.00 $147.00 $63.00 $105.00 $378.00 $1.858.50 $23.50 $4.00 $27.50 $90.00 PALM BEACH GARDENS ':4 unique place tQ live, leam, work & play" CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITTAL 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 Clerk. 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: Lease of Multifunctional Printers and Copiers DATE ADVERTISED: Not applicable WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: 001.0220.512.4650 CONTRACT TERM: One (1) year VENDOR(S): Xerox Corporation CONTRACT NO.: L2013-0031T DEPARTMENT: Information Technology BIDS/PROPOSALS DUE DATE: Not applicable RESPONSES RECEIVED: Not applicable CONTRACT VALUE: Approximately Seventy Thousand Dollars ($70,000) per year OPTIONS TO RENEW: Three (3) years BACKGROUND: This agreement is a piggyback of the State of Florida's lease contract with Xerox Corporation for the Lease of Multifunctional Printers and Copiers. The City has an existing lease contract with Ricoh Americas (expired June 30, 2013) a piggyback of the Miami-Dade School Board lease contract for equipment and services. The existing equipment leases, which survive the end of the main lease agreement, expire over different periods through 2014. This year, there are seven (7) copy machine equipment leases that expire in October 2013. These printers/copiers will be the first machines to be replaced with new, more advanced Xerox equipment. COMMENTS: The City obtained pricing proposals from the incumbent, Ricoh Americas, and from Xerox Corporation (under the State contract). Xerox offered the lowest rates on all equipment and had the lowest price per copy for copies. In addition, at the end of the Xerox leases, the City owns the equipment and may sell them at auction .. Under the Ricoh proposal, the City would be able to purchase the equipment from Ricoh at a "fair market value" determined by Ricoh. The Xerox lease payments cover the provisions of repairs, servicing, toners, etc., and incidentals, except paper and staples. Ricoh's offer included the provision of which is the on adva as shown on the attached Prici Co R. Max Lohman Finance Allan Owens Kml Ra ~PROVED 0 NOT APPROVED 0 DEFERRED DATE Pricing Comparison Xerox Ricoh Standard Copier/Printer $189.16 $197.71 Monthly lease Rate large Copier/Printer $315.38 $368.00 Monthly lease Rate Black and White Copies (standard copier) $0.0012 $0.006838 Price Per Copy Color Copies (standard copier) $0.0245 $0.040000 Price Per Copy Black and White Copies (large copier) $0.0009 $0.008469 Price Per Copy Color Copies (large copier) $0.0222 $0.038000 Price Per Copy End of Lease City owns Ricoh owns Service included Yes Yes Toner included Yes Yes Staples No Yes Paper No No Highlighted areas: Pricing advantage PALM BEACH GARDENS ':.4 1111ique place to live, learn, work cl play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 LEASE AGREEMENT FOR LEASE OF MULTIFUNCTIONAL PRINTERS AND COPIERS (ACCESS OTHER CONTRACT) AGREEMENT NO. L2013-0031T THIS AGREEMENT ("Agreement") is made and entered into this __ day of ________ , 2013 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "Lessee"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Xerox Corporation, a Connecticut corporation (hereinafter referred to as "Lessor''), whose principal address is 45 Glover Avenue, Norwalk, Connecticut 06856, and whose Florida address is 225 East Robinson Street, Suite 145, Orlando, Florida 32801. WHEREAS, the State of Florida awarded a competitively solicited Contract No.600-000-11-1 (hereinafter referred to as "Contract") for the purchase and rental of multifunctional printers, copiers, and related items and supplies, which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the term of the Contract is from August 4, 2010, and expires on August 3, 2014; with the option to renew the Contract for an additional three (3) years; and WHEREAS, Section 2-294 of the City's Code of Ordinances permits the City to "piggyback" an agreement awarded to another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the Lessee desires to access this Contract for the lease of copier machines and other multifunctional devices, under the existing terms and conditions of the Contract, and as may be further modified in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Lessor and the Lessee agree as follows: Page 11 of 7 City of Palm Beach Gardens Agreement No. L2013-0031T Lease of Multifunctional Printers and Copiers ARTICLE 1. DESCRIPTION OF GOODS AND/OR SCOPE OF SERVICES The Lessor shall rent and/or lease to the Lessee copier machines and other multifunctional devices, in accordance with the brand names, models, and types awarded in State of Florida Contract No. 600-000-11-1 , and as described in the Lessor's Proposal, which is attached hereto and incorporated herein as Exhibit "8". In the event of any conflict or ambiguity between the terms set forth in this Agreement and the terms set forth in the Contract, the terms and conditions of this Agreement shall control. ARTICLE 2. PAYMENT The Lessee will pay the Lessor at the rates and frequency shown in Lessor's Proposal at a fixed monthly lease rate and per-copy charge. All payments shall be made in accordance with Florida Prompt Payment Act, Section 218.7 4, Florida Statutes. ARTICLE 3. TERM OF AGREEMENT The Term of this Agreement shall be from the effective date until August 3, 2014; however, any individual equipment leases entered into prior to the exp iration of the Contract shall continue for the full lease term set forth on the individual order for the equipment. Should the State of Florida exercise its option to renew or extend the Contract, this Lease Agreement shall be considered renewed or extended for the same time or period stated in the State's extension document. ARTICLE 4. TERMINATION This Agreement may be terminated by the Lessee, with or without cause, upon providing written notice to the Lessor. This Agreement may be terminated by the Lessor upon thirty (30) days' prior written notice to the Lessee. Upon any such termination, the Lessor waives any claims for damages from such termination , including , but not limited to, loss of anticipated profits. Unless the Lessor is in breach of this Agreement , the Lessee shall pay the Lessor for services rendered through the date of termination in accordance with the terms of this Agreement. Notwithstanding the foregoing, any termination of this Agreement for any reason other than a non- appropriation event shall not affect any individual lease orders entered into prior to the termination of this Agreement. Such lease orders shall continue for the full lease term set forth on the individual order for the equipment. However, the Lessee 's obligations pursuant to same are specifically subject to the legal appropriation of sufficient funds during each fiscal year. In the event that funds are not appropriated for this Agreement, this Agreement and any individual lease orders executed pursuant thereto shall terminate without penalty on October 1st of the year in which the non-appropriation event occurs. In the event that the Lessee's governing body fails to appropriate funds for this Agreement Lessee may not replace the leased equipment with equipment performing similar functions during the fiscal year for which funding was not appropriated . The Lessee will be required to return the leased equipment to the Lessor Page 12 of 7 City of Palm Beach Gardens Agreement No. L2013-0031T Lease of Multifunctional Printers and Copiers in good working condition, reasonable wear and tear excepted. Non-appropriation or non-funding shall not be considered an event of default. In the event of a non- appropriation or non-funding event Lessee shall have no obligation to make any further payments beyond the end of the last fiscal year for which funds have been appropriated . ARTICLE 5. INDEMNIFICATION See Exhibit "A", Section 5 .30. ARTICLE 6. INSURANCE See Exhibit "A", Section 4.19. ARTICLE 7. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required , contemplated, or permitted under this Agreement 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 Lessee : With a copy to: As to the Lessor: With copies to: Page 13 of7 City of Palm Beach Gardens 1 0500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Email: (561) 799-4111 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Attorney Email: bchabre@pbgfl.com Xerox Corporation 45 Glover Avenue P.O. Box 4505 Norwalk, Connecticut 06856-4505 Attn: Office of General Counsel Xerox Corporation 225 East Robinson Street, Suite 145 Orlando , Florida 32801 Attn : Gregory D. Vogl Email: gregorv.vogl@xerox.com City of Palm Beach Gardens Agreement No. L2013-0031T Lease of Multifunctional Printers and Copiers Xerox Corporation 1 000 Sawgrass Corporate Parkway Sunrise, Florida 33323 ·Attn: Janette Pacheco Email: janette.pacheco@xerox.com b. Entire Agreement. This Agreement, along with Exhibits "A" and "B", constitute the entire understanding and agreement between the parties with respect to the subject matter hereof. c. Binding Effect. All of the terms and prov1s1ons of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 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 per Exhibit "A", Section 4.47 . 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 for all proceedings in connection herewith shall lie in a court of competent jurisdiction exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. The Lessee is not subject to the requirements of Chapter 120, Florida Statutes, and no such action or proceeding shall be brought in accordance therewith under any circumstances whatsoever. 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. 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 of7 City of Palm Beach Gardens Agreement No. L2013-0031T Lease of Multifunctional Printers and Copiers i. 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, each party shall pay its own attorney's fees and costs, including appellate fees and costs. j. Equal Opportunity. The Lessee and the Lessor 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. ARTICLE 8. COMPENSATION The Lessee's estimated expenditure under this Agreement is Seventy Thousand Dollars ($70,000) for each year of the Agreement. Notwithstanding the estimated expenditure, the Lessee does not guarantee to the Lessor that this amount will be spent during the term of this Agreement; however, the Lessee shall be responsible for all amounts committed through the Lessee's execution of equipment lease orders pursuant to the terms of the Contract. ARTICLE 9. ACCESS AND AUDIT OF RECORDS The Lessee reserves the right to require the Lessor to submit to an audit by an auditor of the Lessee's choosing. The Lessor shall provide access to all of its records, which relate directly or indirectly to this Agreement, at its place of business during regular business hours. The Lessor agrees to provide such assistance as may be necessary to facilitate the review or audit by the. ARTICLE 10. OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General which is authorized and empowered to review past, present, and proposed Lessee programs, contracts, transactions, accounts, and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths , require the production of records, and monitor existing projects and programs . The Inspector General may, on a random basis, perform audits on all Lessee agreements. Page 15 of 7 ARTICLE 11 . PUBLIC RECORDS City of Palm Beach Gardens Agreement No. L2013-0031T Lease of Multifunctional Printers and Copiers Chapter 119, Florida Statutes, the Public Records Law, requires that municipal records shall at all times be available to the public for inspection. Certain exemptions to public disclosure are statutorily provided for in Section 119.07, Florida Statutes. The Lessor shall be cognizant of any exemptions that are applicable to the services to be performed under this Agreement. The Lessor shall keep and maintain public records and fully comply with the requirements set forth at Section 119.071 , Florida Statutes; failure to do so shall constitute a material breach of this Agreement and any leases executed hereunder. ARTICLE 12 . OTHER FORMS OR DOCUMENTS If the Lessee is required by the Lessor to complete and execute any other forms or documents in relation to this Agreement, the terms, conditions, and requirements set forth in this Agreement, Exhibit "A", and Exhibit "B" shall take precedence, in that order, to any and all conflicting or modifying terms, conditions, or requirements of the Lessor's forms or documents. ARTICLE 13. EXISTING EQUIPMENT LEASES The Lessor acknowledges and understands that the Lessee has a current lease agreement and individual equipment leases with Ricoh Americas. During the term of this Agreement, as each Ricoh equipment lease expires, the Lessee shall order Xerox equipment, as identified in Exhibit "B", to replace the expired Ricoh equipment. The Lessee shall have the right to request that Xerox replace existing Ricoh equipment with Xerox equipment not shown in Exhibit "B", when the Lessee determines that such is in its best interests, and the lease rate offered by the Lessor is determined by the Lessee to be reasonable. (The remainder of this page intentionally left blank) Page 16 of7 City of Palm Beach Gardens Agreement No. L2013-0031T Lease of Multifunctional Printers and Copiers IN WITNESS WHEREOF, the parties have executed this Agreement on the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA By: _______________ _ Robert G. Premuroso, Mayor ATTEST: By: ___________ _ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ___________ _ R. Max Lohman, City Attorney XEROX CORPORATION By: _____ -:---:-::-----:::-----:-:-----=-=-=---- Armando Garcia, Vice President of Finance · USCO Southeast Operations WITNESSES: By: __________ _ Print Name: ________ _ By: __________ _ Print Name: ________ _ G:\attorney_share\AGREEMENTS\Xerox-L2013-0031T Lease Agreement-Lease of Multifunctional Printers and Copiers.docx Page 17 of7 EXHIBIT "A" City of Palm Beach Gardens Agreement No . L2013-0031T Lease of Multifunctional Printers and Copiers AMENDMENT 2 STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES STATE TERM CONTRACT NUMBER: 600-000-11-1 MULTIFUNCTION PRODUCTS, PRINTERS, FACSIMILE EQUIPMENT, SCANNERS, RELATED SOFTWARE, SUPPLIES, AND SERVICES NAME CHANGE AGREEMENT This Agreement is entered into and is effective as of the last date signed below, by and between the State of Florida, Department of Management Services (hereinafter “DMS” or the “Department”), and PCMG, Inc. (“PCMG”). WITNESSETH WHEREAS, on or about August 4, 2010, DMS and PC Mall Gov, Inc., entered into the above referenced State Term Contract (the “Contract”); and WHEREAS, on January 1, 2013, PC Mall Gov, Inc. changed its name to PCMG, Inc., as documented by the December 28, 2012 letter attached hereto. NOW THEREFORE, for the mutual covenants contained herein, the parties hereto agree as follows: 1. The above recitals and attachments are asserted by the Contractor as true and correct and are incorporated by reference as if fully stated herein. 2. Henceforth, references to the Contractor by name in correspondence, amendments or documentation shall be to PCMG, Inc. 3. To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force and effect. 4. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party. DEPARTMENT CONTRACTOR By: ___________________________ By: _________________________________ Name: Kelley J. Scott _____ Name: ______________________________ Director of State Purchasing Title: _ and Chief Procurement Officer Title: _______________________________ Date: _______________________________ Date: _______________________________ RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 2 AMENDMENT 1 STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES STATE TERM CONTRACT NUMBER: 600-000-11-1 MULTIFUNCTION PRODUCTS, PRINTERS, FACSIMILE EQUIPMENT, SCANNERS, RELATED SOFTWARE, SUPPLIES, AND SERVICES NAME CHANGE AGREEMENT This Agreement is entered into and is effective as of the last date signed below, by and between the State of Florida, Department of Management Services (hereinafter “DMS” or the “Department”), and Canon Solutions America, Inc. (“CSA”). WITNESSETH WHEREAS, on or about August 4, 2010, DMS and Océ North America, Inc. (Contractor, hereinafter “Océ”), entered into a contract whereby Océ would provide Multifunction products, printers, facsimile equipment, scanners, related software, supplies, and services as awarded in the above-mentioned State Term Contract (the “Contract”); WHEREAS, on January 1, 2013, Océ merged with Canon Business Solutions, Inc.; WHEREAS, pursuant to the Certificate of Merger (attachment), Canon Business Solutions America, Inc. is the surviving corporation; WHEREAS Canon Business Solutions, Inc., pursuant to the attached Certificate of Merger also changed its name to Canon Solutions America, Inc., and is assuming all contractual responsibilities; WHEREAS, DMS has no objection to CSA providing the services previously awarded to Océ, under the Contract for the remainder of the contract term; and NOW THEREFORE, for the mutual covenants contained herein, the parties hereto agree as follows: 1. The Department and CSA hereby agree that Canon Solutions America, Inc. shall provide the services as awarded to Océ in the Contract, and shall enjoy all of the rights and benefits granted under the Contract, which duties and functions and rights and benefits are specifically incorporated herein by reference. 2. The Department and CSA hereby agree that payments which would have gone to Océ under the Contract shall be paid to Canon Solutions America, Inc. in accordance with the terms and conditions of the Contract. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 3 3. The parties hereto specifically acknowledge and agree that a new contractual relation is hereby entered into by and between the Department and Canon Solutions America, Inc. All future correspondence, amendments or documentation shall reflect the current name of the contractor as “Canon Solutions America, Inc.”. 4. To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force and effect. 5. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party. STATE OF FLORIDA CANON SOLUTIONS AMERICA, DEPARTMENT OF MANAGEMENT INCORPORATED SERVICES By: ___________________________ By: _________________________________ Name: Kelley J. Scott _____ Name: ______________________________ Acting Director of State Purchasing Title: __ and Chief Procurement Officer Title: _______________________________ Date: __________________________ Date: _______________________________ 300 Commerce Square Boulevard Burlington, NJ 08016 T: 800.815.4000 F: 800.220.4002 RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 4 MULTIFUNCTION PRODUCTS, PRINTERS, FACSIMILE EQUIPMENT, SCANNERS, RELATED SOFTWARE, SUPPLIES, AND SERVICES RFP 20-600-000-Q RFP ISSUE DATE: APRIL 8, 2010 RESPONSES DUE: APRIL 30, 2010 @ 2:00P.M. EDT REFER ALL INQUIRIES TO: MICHELLE MACVICAR, PURCHASING SPECIALIST, FCCM, FCCN STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE PURCHASING 4050 ESPLANADE WAY, SUITE360 TALLAHASSEE, FL 32399 EMAIL: MICHELLE.MACVICAR@DMS.MYFLORIDA.COM RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 5 TABLE OF CONTENTS SECTION 1: INTRODUCTION 1.1 INTRODUCTION AND OVERVIEW 1.2 WHO MAY RESPOND 1.3 EVENT TIMELINE 1.4 LOBBYING DURING THE PROCUREMENT PROCESS SECTION 2: GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001) 2.1 DEFINITIONS 2.2 GENERAL INSTRUCTIONS 2.3 ELECTRONIC SUBMISSION OF RESPONSES 2.4 TERMS AND CONDITIONS 2.5 QUESTIONS 2.6 CONFLICT OF INTEREST 2.7 CONVICTED VENDORS 2.8 DISCRIMINATORY VENDORS 2.9 RESPONDENT’S REPRESENTATION AND AUTHORIZATION 2.10 MANUFACTURER’S NAME AND APPROVED EQUIVALENTS 2.11 PERFORMANCE QUALIFICATIONS 2.12 PUBLIC OPENING 2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD 2.14 FIRM RESPONSE 2.15 CLARIFICATIONS/REVISIONS 2.16 MINOR IRREGULARITIES/RIGHT TO REJECT 2.17 CONTRACT FORMATION 2.18 CONTRACT OVERLAP 2.19 PUBLIC RECORDS 2.20 PROTESTS 2.21 LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD SECTION 3: SPECIAL INSTRUCTIONS TO RESPONDENTS 3.1. CONTACT PERSON 3.2. DEFINITIONS 3.3. ORDER OF PRECEDENCE 3.4. RESPONSE SUBMITTAL 3.5. SOURCING TOOL TRAINING 3.6. SOURCING TOOL TIPS 3.7. ADDENDA TO THE RFP 3.8. INITIAL DETERMINATION OF RESPONSIVENESS 3.9. FIRM RESPONSE 3.10. ELECTRONIC POSTING OF AWARD 3.11. RESPONSES 3.12. EVALUATION 3.13. FINANCIAL STATUS RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 6 3.14. SERVICE LEVEL AGREEMENT 3.15. RANKING AND SELECTION PROCESS 3.16. QUALITY 3.17. TECHNICAL DOCUMENTATION 3.18. DOCUMENTATION BECOMES THE PROPERTY OF THE STATE 3.19. CONTACT INFORMATION AND ORDERING INSTRUCTIONS 3.20. SALES, SERVICE, PARTS AND REPAIR FACILITIES 3.21. SPECIAL ACCOMMODATION 3.22. STATE OBJECTIVES SECTION 4: GENERAL CONTRACT CONDITIONS (PUR 1000) 4.1. DEFINITIONS. 4.2. PURCHASE ORDERS. 4.3. PRODUCT VERSION. 4.4. PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS. 4.5. ADDITIONAL QUANTITIES. 4.6. PACKAGING. 4.7. INSPECTION AT CONTRACTOR’S SITE. 4.8. SAFETY STANDARDS. 4.9. AMERICANS WITH DISABILITIES ACT. 4.10. LITERATURE. 4.11. TRANSPORTATION AND DELIVERY. 4.12. INSTALLATION. 4.13. RISK OF LOSS. 4.14. TRANSACTION FEE. 4.15. INVOICING AND PAYMENT. 4.16. TAXES. 4.17. GOVERNMENTAL RESTRICTIONS. 4.18. LOBBYING AND INTEGRITY. 4.19. INDEMNIFICATION. 4.20. LIMITATION OF LIABILITY. 4.21. SUSPENSION OF WORK. 4.22. TERMINATION FOR CONVENIENCE. 4.23. TERMINATION FOR CAUSE. 4.24. FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY. 4.25. CHANGES. 4.26. RENEWAL. 4.27. PURCHASE ORDER DURATION. 4.28. ADVERTISING. 4.29. ASSIGNMENT. 4.30. ANTITRUST ASSIGNMENT 4.31. DISPUTE RESOLUTION. 4.32. EMPLOYEES, SUBCONTRACTORS, AND AGENTS. 4.33. SECURITY AND CONFIDENTIALITY. 4.34. CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS. 4.35. INSURANCE REQUIREMENTS. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 7 4.36. WARRANTY OF AUTHORITY. 4.37. WARRANTY OF ABILITY TO PERFORM. 4.38. NOTICES. 4.39. LEASES AND INSTALLMENT PURCHASES. 4.40. PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE). 4.41. PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED. 4.42. MODIFICATION OF TERMS. 4.43. COOPERATIVE PURCHASING. 4.44. WAIVER. 4.45. ANNUAL APPROPRIATIONS. 4.46. EXECUTION IN COUNTERPARTS. 4.47. SEVERABILITY. SECTION 5: SPECIAL CONTRACT CONDITIONS 5.1. DEFINITIONS 5.2. NOTICE TO CONTRACTOR 5.3. CONTRACT MANAGEMENT 5.4. CONTRACT REPORTING REQUIREMENTS 5.5. METHOD OF PAYMENT/PURCHASING CARD PROGRAM (P-CARD) 5.6. PRODUCT AVAILABILITY AND RESTRICTIONS 5.7. DELIVERY AND INSTALLATION REQUIREMENTS 5.8. INSTRUCTIONS AND MAINTENANCE MANUAL 5.9. WARRANTY 5.10. EQUIPMENT RELIABILITY / NON-PERFORMANCE 5.11. FACTORY SERVICE REQUIREMENTS 5.12. SECURITY AND CONFIDENTIALITY 5.13. PURCHASE AND LEASE PROVISIONS 5.14. STANDARD SUPPORT LEVELS 5.15. OPTIONAL SUPPORT LEVELS 5.16. SERVICE AND RESPONSE 5.17. MAINTENANCE PLANS 5.18. RELOCATION AND MOVING OF LEASED EQUIPMENT 5.19. CONTRACTOR’S STATE CONTRACT WEBPAGE 5.20. CONTRACT REVISIONS 5.21. ELECTRONIC INVOICING / BILLING 5.22. PAYMENTS 5.23. TAXES AND OTHER FEES 5.24. REQUESTS FOR QUOTES 5.25. LEASED EQUIPMENT RISK OF LOSS/EQUIPMENT INSURANCE 5.26. PRICE DISCOUNT LEVELS 5.27. BENCHMARK REPORT / COMPETITIVE PRICE ASSURANCE 5.28. ADDITIONAL HARDWARE AND SERVICES 5.29. INSTALLATION AND ENVIRONMENTAL REQUIREMENTS 5.30. INSURANCE REQUIREMENTS 5.31. RETURN OF PRODUCT 5.32. SURVIVABILITY RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 8 5.33. END OF LIFE 5.34. ELECTRICAL CONNECTIONS, SURGE PROTECTORS AND TELEPHONE LINES 5.35. SPECIAL DISCOUNTS/PROMOTIONS 5.36. QUANTITY DISCOUNT 5.37. TRADE-INS 5.38. ENVIRONMENTAL PERFORMANCE COMMITMENTS AND PAST RECORD 5.39. STATE FUNDS SECTION 6: TECHNICAL SPECIFICATIONS 6.1. DEFINITIONS 6.2. PRODUCTS 6.3. ACCEPTABLE EQUIPMENT 6.4. EMISSIONS STANDARDS 6.5. ASSOCIATED PRODUCTS AND SERVICES SUBMITTAL 6.6. SPECIFICATIONS SECTION 7: ATTACHMENTS THIS SPACE INTENTIONALLY LEFT BLANK RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 9 SECTION 1 INTRODUCTION 1.1. Introduction and Overview The State of Florida Department of Management Services (the “Department” or “DMS”), Division of State Purchasing invites interested companies to submit proposals in accordance with this solicitation document. The purpose of this Request for Proposal (RFP) is to establish a forty- eight (48) month State Term Contract (STC) for Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services with the potential for renewal in accordance with Section 287.057(14), Florida Statutes ( F.S.). The contract resulting from this Request for Proposal (RFP) is anticipated to begin on or about May 22, 2010. The contract resulting from this solicitation will provide efficiency and economy for State Agencies and other eligible users (OEUs, as defined in Rule 60A-1.005, Florida Administrative Code (F.A.C.) (Eligible Users)) in the acquisition of the products and services described herein as well as replace STC # 600-340-06-1 (Copying and Facsimile Equipment). Florida Information Technology Resource Security Policies and Standards, as defined in Rule 60DD-2, F.A.C. and proposed Rule 71A-1, shall apply to this solicitation where necessary. Qualified respondents offering highly competitive pricing within each segment/subcategory to the State will be considered for award. This shall be done in accordance with terms and conditions outlined in this solicitation and its required documents. The awarded vendor(s) and their authorized dealers shall work in partnership with the State to provide quality equipment, supplies, software, services, and solutions at the lowest price available. This shall be done in a timely and efficient manner in accordance with the terms and conditions outlined in the solicitation. The State reserves the right to limit the scope of award or make no award if deemed by the Department to be in the best interest of the State. The awarded vendor(s) will receive Direct Orders (DO), Purchase Orders (PO) and/or credit card (P-card) orders directly from the Customer for leases and purchases. Delivery and service locations will be statewide. This solicitation will create a single State Term Contract for the: purchase of: o Multifunction Products (MFPs), o Printers o Facsimile machines o Sheet Fed Scanners lease of: o Multifunction Products (MFPs), RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 10 o Printers, supplies and maintenance for the aforementioned items related software associated value-added services/solutions Respondents may submit responses for one or more segments within the following categories: Category 1: Copier-based MFPs (as referenced by the Buyer’s Laboratory Advisor Buying Guide) (Monochrome, Hybrid; must include 11x17) o Segment 2: 21-30 cpm o Segment 3: 31-40 cpm o Segment 4: 41-69 cpm o Segment 5: 70-90 cpm o Segment 6: 91 cpm and higher (Segments in Category 1 are as listed within the Buyers Laboratory Inc. (BLI) Copier Fact Sheet Glossary) Category 2: Printer-based MFPs (as referenced by the Buyer’s Laboratory Advisor Buying Guide) (Monochrome, Hybrid; desired to include 11x17) o Small Workgroup o Medium Workgroup o Large Workgroup o Departmental Category 3: Printers (Monochrome, Color, Hybrid; desired to include 11x17) o Small Workgroup o Medium Workgroup o Large Workgroup Category 4: Workgroup and Network Sheet Fed Scanners (Monochrome, Color) o Desktop Workgroup: 16-30 ppm o Departmental: 31-50 ppm o Low-volume Production: 51-75 ppm o Mid-volume Production: 65-100 ppm o High-volume Production: 100 ppm and higher (Segments in Category 4 are as listed within the BLI Buying Guide for Document Scanners) Category 5: Plain Paper Facsimile Machines o Low-volume o Mid-volume o High-volume Methods used for print imaging include toner and non-toner based products. 1.2. Who May Respond The Department will accept responses from responsible and responsive vendors that are in good standing with the State of Florida, meet the product specifications, and possess the financial capability, experience, and personnel resources to provide equipment and services of the scope and breadth described within this RFP. Minimum qualifications for response eligibility are: RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 11 (a). Respondent must be registered and listed as active with the State of Florida’s Department of State, Division of Corporations. If respondent is doing business using a fictitious name (d.b.a.), Respondent’s fictitious name must also be registered with the Division of Corporations. (b). Respondent must be fully registered and active within the State of Florida’s MyFloridaMarketPlace Vendor Information Portal. To be considered fully active, all sections within the registration must be completed and the terms of use accepted. Must current with fees due to the State of Florida via MyFloridaMarketPlace. (c). The Respondent must not be listed on the State of Florida’s Department of Management Services, Division of State Purchasing Convicted, Suspended, or Discriminatory Vendor lists at the time of bid closing. (d). It is the Respondent’s responsibility to ensure all resolved Complaints to Vendor are no longer listed on the Vendor Complaint List at the time of bid closing. Unresolved Complaints to Vendor may result in the Respondent being ineligible for award. (e). The Respondent must be a Private Label Distributor or a single authorized agent responding on behalf of a Private Label Distributor. Agent authorization must be documented in the form of a letter from the private label distributor, on company letterhead, signed by a duly authorized executive and dated no more than 30 days before the RFP response date. The letter must be submitted with the RFP response via the MyFloridaMarketPlace e-sourcing tool. (e). The Respondent must be fully capable of Electronic Invoicing (for purchases) through MyFloridaMarketPlace. See the MyFloridaMarketPlace Electronic Invoicing Requirements document for details. Respondents not meeting the minimum qualifications may be deemed non-responsive and may not be considered for further evaluation, or subsequent contract award. 1.3. Event Timeline Respondents should review and become familiar with the Event Timeline. The dates and times of each activity within the Timeline may be subject to change. It is the responsibility of the Respondent to check for any changes. All changes to the Timeline will be made through an addendum to this solicitation and posted within the Vendor Bid System (VBS) and MyFloridaMarketPlace sourcing tool. 1.3.1. Pre-bid Conference A non-mandatory pre-bid conference will be held on the date and time listed in the timeline below. Any questions related to specifications or requirements of the solicitation shall be addressed through the question and answer process within the MyFloridaMarketPlace Sourcing Tool (per Section 2.5). RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 12 Event Date Solicitation posted in Vendor Bid System (VBS) and MyFloridaMarketPlace Sourcing Tool. Solicitation will be in “preview” status at this time. Documents can be viewed, downloaded, and questions posted. Responses cannot be submitted during the preview period. 8-April-2010 5:00 p.m. E.T. Vendor Pre-bid Conference – Non mandatory 4050 Esplanade Way, Suite 101 Tallahassee, FL 32399 14-April-2010 1:30 p.m.- 3:30 p.m. E.T. MyFloridaMarketPlace (MFMP) Sourcing Tool Training (Not Mandatory – see Section 3.5 for details) 16-April-2010 1:00 p.m.-2:00 p.m. E.T. Deadline to submit questions via the MyFloridaMarketPlace Sourcing Tool Q&A Board 19-April-2010 2:00 p.m. E.T. Answers to submitted questions posted in Vendor Bid System (VBS) and MyFloridaMarketPlace Sourcing Tool. 27-April-2010 Deadline to submit RFP response via the MFMP Sourcing Tool. Responses are due no later than 2:00 p.m. ET. 7-May-2010 Evaluators Scoring Session (2:00 p.m. E.T.) 24-May-2010 Notice of Intent to Award posted in Vendor Bid System (VBS) and MyFloridaMarketPlace Sourcing Tool. 24-May-2010 Contract Start Date (on or about) 1-Aug-2010 The MyFloridaMarketPlace (MFMP) Sourcing Tool’s time remaining clock is intended only to approximate the solicitation closing and may require periodic adjustments. IT IS STRONGLY RECOM MENDED THAT RESPONDE NTS SUBMIT BIDS AS EARLY AS POSSIBLE. TIME SHOULD BE ALLOW ED TO RECEIVE ANY REQUESTED ASSISTANCE AND VERIFICATION OF YOUR SUBMITTAL. WAITING UNTIL THE LA ST HOURS OF THE S OLICITATION COULD IMPACT THE BID SUBMI TTAL. 1.4. Lobbying During the Procurement Process The Service Provider or Respondent shall not lobby the legislative, judicial or executive branches or any State Agency on any aspect of this Solicitation during the pr ocurement process (i.e. from time contract is advertised to execution of a contract) associated with the Contract. Violation of this restriction can be cause for disqualification from the procurement process. THIS SPACE INTENTIONALLY LEFT BLANK RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 13 SECTION 2 STATE OF FLORIDA PUR 1001 GENERAL INSTRUCTIONS TO RESPONDENTS CONTENTS 2.1. DEFINITIONS. 2.2. GENERAL INSTRUCTIONS. 2.3. ELECTRONIC SUBMISSION OF RESPONSES. 2.4. TERMS AND CONDITIONS. 2.5. QUESTIONS. 2.6. CONFLICT OF INTEREST. 2.7. CONVICTED VENDORS. 2.8. DISCRIMINATORY VENDORS. 2.9. RESPONDENT’S REPRESENTATION AND AUTHORIZATION. 2.10. MANUFACTURER’S NAME AND APPROVED EQUIVALENTS. 2.11. PERFORMANCE QUALIFICATIONS. 2.12. PUBLIC OPENING. 2.13. ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD. 2.14. FIRM RESPONSE. 2.15. CLARIFICATIONS/REVISIONS. 2.16. MINOR IRREGULARITIES/RIGHT TO REJECT. 2.17. CONTRACT FORMATION. 2.18. CONTRACT OVERLAP. 2.19. PUBLIC RECORDS. 2.20. PROTESTS. 2.21. LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD 2.1. Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) “Buyer” means the entity that has released the solicitation. The “Buyer” may also be the “Customer” as defined in the PUR 1000 if that entity meets the definition of both terms. (b) “Procurement Officer” means the Buyer’s contracting personnel, as identified in the Introductory Materials. (c) “Respondent” means the entity that submits materials to the Buyer in accordance with these Instructions. (d) “Response” means the material submitted by the respondent in answering the solicitation. (e) “Timeline” means the list of critical dates and actions included in the Introductory Materials. 2.2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 14 2.3. Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the “Submit Response” button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: an electronic signature on the response, generally, an electronic signature on any form or section specifically calling for a signature, and an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 2.4. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: Technical Specifications, Special Conditions and Instructions, Instructions to Respondents (PUR 1001), General Conditions (PUR 1000), and Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent’s response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 2.5. Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. 2.6. Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 15 2.7. Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: submitting a bid on a contract to provide any goods or services to a public entity; submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; submitting bids on leases of real property to a public entity; being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 2.8. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: submit a bid on a contract to provide any goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work; submit bids on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or transact business with any public entity. 2.9. Respondent’s Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). The respondent is not currently under suspension or debarment by the State or any other governmental authority. To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 16 antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. The product offered by the respondent will conform to the specifications without exception. The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent’s preparation of its bid. All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 2.10. Manufacturer’s Name and Approved Equivalents. Unless otherwise specified, any manufacturers’ names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Buyer’s prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent. 2.11. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 17 Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. In determining Respondent’s responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Respondent’s capability to fully satisfy the requirements of the solicitation and the contract. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent’s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 2.12. Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071(1)(b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD). 2.13. Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 2.14. Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 2.15. Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper eval uation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 18 2.16. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State’s best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. 2.17. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. 2.18. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 2.19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 2.20. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within th e time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.” 2.21. Limitation on Vendor Contact with Agency During Solicitation Period. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 19 executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. THIS SPACE INTENTIONALLY LEFT BLANK RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 20 SECTION 3 SPECIAL INSTRUCTIONS TO RESPONDENTS NOTE: SECTIONS 2 AND 3 ARE SPECIFIC TO THE SOLICITATION RESPONSE REQUIREMENTS. SECTION 3 (SPECIAL INSTRUCTIONS TO RESPONDENTS) SUPPLEMENTS GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001) CONTAINED IN SECTION 2. IN CASES OF CONFLICT BETWEEN SECTION 2 AND SECTION 3, SECTION 3 WILL SUPERSEDE. 3.1. Contact Person The Procurement Official at the State of Florida, Department of Management Services, Division of State Purchasing is listed below. All inquiries and questions must be directed to this person, unless otherwise identified in this RFP or changed by addendum to this RFP. Direct oral communication with Department officers and employees, other than the designated contact below, concerning this RFP is prohibited. Respondents should only rely on written statements issued by the listed procurement official. All questions regarding this RFP MUST be submitted via the MyFloridaMarketPlace Sourcing Tool during the question and answer (Q&A) period as shown in the event timeline (Section 1.3) The contact for this solicitation is: Michelle MacVicar, Purchasing Specialist, FCCM, FCCN Department of Management Services, Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 E-mail: Michelle.MacVicar@dms.myflorida.com For assistance with issues related to MyFloridaMarketPlace (MFMP) Sourcing or the Vendor Information Portal (registration/commodity codes/email notification), please call the MFMP Customer Service Desk at 1-866-352-3776 or e-mail VendorHelp@myfloridamarketplace.com 3.2. Definitions The definitions found in Rule 60A-1.001, F.A.C. shall apply to this solicitation and the subsequent contract. In addition, the following terms are also defined and are applicable for the entire document: (a). “Accessory” means any item that may be added to the base marking engine. (b). "Agency" means any of the various state officers, departments, boards, commissions, divisions, bureaus, and councils and any other unit of organization, however designated, of the executive branch of state government. "Agency" does not include the university and college boards of trustees or the state universities and colleges. (Section 287.012(1), F.S.) (c). "Best value" means the highest overall value to the state based on objective factors that include, but are not limited to, price, quality, design, and workmanship. (Section 287.012(4), F.S.) RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 21 (d). “B&W” means Black & White. (e). “Customer” means any Agency or Eligible User placing an order through a contract resulting from this solicitation. (f). "Department" means the Department of Management Services. (Section 287.012(10), F.S.) (g). “Eligible Users” is defined in Rule 60A-1.005, F.A.C. The following entities are eligible users: All governmental agencies, as defined in Section 163.3164, F.S., which have a physical presence within the State of Florida; Any independent, non-profit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. (h). “Hybrid MFP” – MFP device that combines high-speed four (4) color output with a traditional workgroup or departmental B&W copier/printer. In order for a device to be considered a Hybrid Device, it shall have a rated color production speed within 66% of the rated B&W production speed. (i). “May” indicates something that is not mandatory but permissive. (j). “MFMP” means MyFloridaMarketPlace. (k). “Multifunction Product (MFP)” means a device that can print, fax, copy and scan paper documents. MFPs may also be programmed by the user, technology provider, or a third party to integrate with office or enterprise-wide applications, perform custom functions, perform usage tracking, and other administrative functions to help the user manage their office printer/MFP fleet. (l). “Must/Shall/Will” indicates a mandatory requirement. *NOTE: It is highly recommended that respondents highlight all instances of must, shall, and will in order to ensure the proposal is responsive prior to submission. (m). “New Equipment” (“equipment”) refers to units which are currently manufactured, have not been previously used, and consist of all new parts. New equipment has not been leased or used as a test/trial unit. (n). “Pricing” means the pricing spreadsheets that shall be submitted by the Respondent in the MFMP Sourcing Tool (see definition below) along with the original proposal submission. These spreadsheets shall contain all of the Suggested Retail Price (SRP) prices for EACH ITEM WITHIN A CATEGORY proposed by the Respondent; along with a discount percent (%) that will apply to items (product or service) within that proposed configuration and show a final “State of Florida Price” per item. (o). “Private Label Distributor” means the vendor who may not be the equipment manufacturer but whose name appears on the equipment. (p). “Proprietary Information” Any trade secret or confidential business information that is contained in a bid or proposal or included in a particular contract. (q). “Respondent” Organization/individual submitting a proposal in response to this bid. May also be referred to as “Vendor” or “Contractor” throughout this document. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 22 (r). "Responsible vendor" means a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. (Section 287.012(24), F.S.) (s). "Responsive bid," "responsive proposal," or "responsive reply" means a bid, or proposal, or reply submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation. (Section 287.012(25), F.S.) (t). "Responsive vendor" means a vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation. (Section 287.012(26), F.S.) (u). “Successful Vendor” means the company that is awarded and has an executed contract with the State of Florida for the goods and services identified in this solicitation document. May also be referred to as “Contractor”, “Prime Vendor”, or “Awarded Vendor” within this document. (v). “Suggested Retail Price” (SRP) means the most recently published undiscounted price. (w). “Vendor” Organization/individual submitting a proposal in response to this bid. May also be referred to as “Respondent” throughout this document 3.3. Order of Precedence Potential Respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. In the event any conflict exists between the Special and General Instructions, those instructions specified in the Special Instructions to Respondents shall prevail. After successful evaluations, Contractor(s) shall sign a Contract form incorporating the solicitation materials and any service agreements. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: Addenda to the RFP Section 1.0 Introduction Section 6.0, Technical Specifications Section 5.0, Special Contract Conditions, Section 4.0, General Contract Conditions (PUR 1000) Section 3.0, Special Instructions to Respondents Section 2.0, General Instructions to Respondents (PUR 1001) Respondent’s Proposal Forms and Price Sheets Note: The order of precedence above supersedes the order of precedence listed in Section 2.4. The order of precedence above applies ONLY to responses submitted. 3.4. Response Submittal Respondents shall submit their proposals and all required forms electronically via the Sourcing Tool. Respondents have the ability to upload several versions of their response in the Sourcing tool; however, the last submitted response will be the version accepted and evaluated. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 23 Respondents may respond to multiple categories or sub-categories. The Department seeks each respondent’s single-best response for EACH CATEGORY (and sub-category) proposed. 3.5. Sourcing Tool Training This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool (“Sourcing Tool”). An optional conference call training session on how to use the Sourcing Tool for this RFP is scheduled on the date indicated on the Event Timeline (Section 1.3). The Conference Call number is (888) 808-6959. The conference code for this session is 4881086. Please go to the MFMP Vendor Training Solicitation Help page and Click on the RFP Event User Guide link. This link will open as a PowerPoint presentation. Please have this presentation open on your desktop while participating on the call. To participate in the conference call, please call in to the number provided approximately 1 minute before the scheduled time. For all technical questions about the Sourcing Tool, vendors should contact the MyFloridaMarketPlace Customer Service Desk at (866) 352-3776 or vendorhelp@myfloridamarketplace.com. 3.6. Sourcing Tool Tips When working in the Sourcing Tool, there is a thirty (30) minute time-out function (with a two (2) minute warning in the tool. This means that you should save your work (click the SAVE button) at intervals of less than twenty minutes to ensure your entries (since last saved) are not lost. Please note that clicking the SAVE button within the Sourcing Tool only saves your bid responses. The SAVE button does not transmit your bid response to the State. In order to transmit your bid response to the State, you must click the SUBMIT button on the SUMMARY page of the bid response. After clicking the SUBMIT button, it is the respondents responsibility to check the submitted bid response within the Sourcing Tool to verify that the response is accurately and completely captured within the Sourcing Tool. This must be done while there is time remaining in the response period in case an error is discovered and a revised bid response needs to be resubmitted. To validate the bid response, please do the following before the bidding period ends: (a). Go to the “My Bids / My Responses” tab within Sourcing Tool after submitting the bid response (b). Click on the Bid ID number of the last submitted bid response (c). Review all entries to ensure the response is complete, accurate and as intended to be submitted. Minimum areas to check are: Text boxes – Is the entire answer viewable? Yes/No questions – Is the displayed answer correct? RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 24 All uploaded document files / scanned documents – Can the attached document be opened and the entire content clearly viewed? Pricing Information – Is pricing submitted visible and accurately captured within the Sourcing Tool? IT IS STRONGLY RECOM MENDED THAT BID S BE SUBMITTED AS EARLY AS POSSIBLE. PLEASE ALLOW TIME TO RECEIV E ANY REQUESTED ASSISTANCE AND VERIFICATION OF SUBMITTAL; WAITING UNTIL THE LA ST HOURS OF THE SOLI CITATION IS NOT RECOMM ENDED AND COULD IMPACT THE TIM ELY SUBMITTAL OF THE BID. DO NOT RELY ON THE “MYFLORIDAMARKETPLACE ” SOURCING TOOL’S TIME REMAININ G CLOCK. THE OFFICI AL SOLICITATION CLOSING TIME SHALL B E AS REFLECTED IN TH E EVENT TIMELINE (SECTION 1 .3 ) OF THIS RFP . 3.7. Addenda to the RFP The Department may post addenda to this RFP. Any addenda posted will be within MyFloridaMarketPlace (MFMP) and the Vendor Bid System (VBS). Such notices will contain clarifications to details of the RFP and/or responses to questions submitted during the preview period. Each respondent is responsible for monitoring these sites for information concerning this solicitation. 3.8. Initial Determination of Responsiveness The Department shall evaluate eligible (“responsible and responsive”) responses. Responses that do not meet the minimum requirements of this solicitation; or fail to provide all required information, documents, or materials may be rejected as non-responsive. Respondents whose responses, past performance, or current status with the State do not reflect the capability, integrity or reliability to fully, and in good faith, perform the requirements of the Contract, may be rejected as non-responsible. Respondents who at the time of bid closing have an open and unresolved complaint to vendor posted on the Department’s complaint to vendor web page may be deemed non-responsive. The Department reserves the right to determine which responses meet the requirements of this solicitation, and which Respondents are responsive and responsible. This paragraph is in addition to, and shall not be construed to limit or override, any right or remedy available to the Department in, Section 2, PUR 1001, or Section 4, PUR 1000. Failure to comply with and acknowledge each of the RFP requirements may result in the response being deemed non-responsive and therefore not receive further consideration in this RFP process. 3.9. Firm Response The Department may make an award within one-hundred and eighty (180) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 25 award is not made within one-hundred and eighty (180) days, the response shall remain firm until either the Department awards the contract or the Department receives from the Respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Department’s sole discretion, be accepted or rejected. 3.10. Electronic Posting of Award Offers shall be accessed on the date and time indicated in the Event Timeline (Section 1.3) and thereafter evaluated. After evaluating the responses, the Department shall electronically post a Notice of Intent to Award on the Vendor Bid System (VBS). Any person who is adversely affected by the decision shall file with the Department a notice of protest within 72 hours after the electronic posting (see Section 2.20 of the General Instructions (PUR 1001) for more information on protests). The Department shall not reply to, or provide rankings or notices of award by telephone, email, or fax. 3.11. Responses (a). Respondents must provide service and supply programs and pricing for each piece of equipment and accessory proposed. Pricing shall be provided within the price sheets corresponding to each equipment category. (b). Respondents must submit all required forms and answer all required questions. (c). Respondents must quote lease rates for base equipment and accessories for all products eligible for lease (per Section 1.1). (d). Respondents must submit their response in a timely manner. Late responses shall not be accepted. 3.11.1. Equipment Minimums All equipment proposed must be new and currently in production. Equipment submitted must have published specifications on the Buyers Laboratory Inc. (BLI) web site or Respondent must identify where specifications can be found. o Items that are unable to be verified may disqualify the Respondent’s submission for the unverifiable segment Each Respondent may submit all available models per segment within this RFP. All submitted models shall have the same minimum discount percentage per segment. Vendors may provide different discounts for the base machine and each accessory grouping. Respondents are cautioned to select the best equipment within their product offering in terms of cost, technological capabilities and service that meets or exceeds the requirements within this RFP. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 26 o If selected as a Contract awardee, the Successful Vendors will have the ability to add additional equipment within awarded groups, which also meet or exceed the requirements at the same or better discount from SRP for that particular segment. For Energy Star® compliant equipment proposed, proof of the proposed equipment’s Energy Star® rating certification must be submitted. Responses containing Energy Star® equipment proposed will be awarded extra points. MFDs controls shall identify the ability to comply with all applicable policies, to ensure the protection of data, such as but not limited to: o Ability to password protect the device with a complex password o Connection filtering with access restrictions o Ability to have a separate connections for fax and network communication o Confidential print jobs, including incoming fax holding with authentication o Security logs o Hard disk encryption o Electronic shredding and or hard disk sanitation - manual, automatic or scheduled o Encrypt remote administration traffic o Ability to apply port access controls o Ability to disable USB ports o MFD that processes or stores data shall have the ability to comply with internal policies such as those related to computer operating systems, configuration management and patch management. For example, if an MFD has an underlying MS Windows™ based operating system, the MFD must comply with Windows™ policies and receive regular (hardware and software) maintenance. o Ability to secure email transmissions from an MFD to comply with existing email policies and practices, to include by not limited to: Limit outbound MFD email transactions of sending a scanned document to a single email address, specifically prohibiting large group distribution. Prohibit broadcast emails 3.11.2. Paper Specifications All proposed equipment shall be compatible with using recycled paper, up to and including 100% Post Consumer Waste (PCW) paper. Service personnel may not RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 27 fault the use of recycled paper for equipment failures, as long as the recycled paper in use meets the standard paper specifications (e.g., multi-purpose, copy, or laser paper). Additionally, all proposed equipment shall be guaranteed by the manufacturer to accomplish 100% duplexing with 30% PCW paper. Respondents shall guarantee all equipment proposed is capable of printing on 100% PCW recycled content paper and will provide 100% duplexing with 30% PWC, without maintenance problems. 3.11.3. Pricing Pricing for this RFP and any subsequent contract must be expressed as a discount from Suggested Retail Price (SRP). SRP must be verifiable within the Buyers Laboratory Inc (BLI) website or better than the price published in BLI. Discount rates proposed will be considered the minimally available discount. 3.11.3.1. Pricing, Format Pricing for all equipment, accessories, software, and value-added services must be quoted as requested in the pricing spreadsheets, including all Excel tabs. Pricing Spreadsheet electronic submissions must be in Excel format. Lease factors shall be submitted rounded to five (5) decimal points. 3.11.3.2. Pricing, Service and Supplies Supplies pricing shall include all parts, supplies and consumables excluding paper and staples. Any supplies shown on the Service & Supplies spreadsheet whose costs are included in the Service plan should be labeled "INCLUDED" on the pricing spreadsheets. Included supplies shall be furnished at no additional cost to the State for the entire term of the contract. Supplies required on a regular basis may not be included in the purchase price. Service pricing must include technician installed parts excluding paper, staples and toner. There shall be no charge for service impressions. Optional support service options shall be clearly identified and pricing listed shall be on a per month rate. Respondents, or their designated authorized dealers, must perform all preventative maintenance services at the manufacturer’s suggested intervals, if applicable. There shall be no charge for scans which do not produce a physical document. There may not be more than one cost per impression for color impressions, regardless of the number of colors (i.e. a higher charge for 4 colors than for 3 colors). RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 28 Pricing must include setup, delivery of equipment, software, installation of equipment/accessories/software, network installation, removal of all waste material, initial training costs, and removal cost (of the equipment placed under any subsequent agreement). o Network installation shall include: configuration of the equipment for the proper network protocols; and installation of the appropriate print drivers. 3.12. Evaluation Respondents will be evaluated solely for those categories/segments for which a proposal has been submitted. Awards will be made to the top scoring respondents for each segment. Total Pricing will be evaluated to determine comparable status to similarly situated States (CA, NY, and TX). 3.12.1 Pricing The State of Florida is one of the four (4) largest State Governments. Florida’s position compares to that of California, New York and Texas. As such, the State fully expects Respondent’s pricing submitted be equal to, or better than, similarly situated clients and/or large enterprise customers. MFP and Printer Pricing Evaluation Pricing evaluation shall be made based on lowest State of Florida purchase price, lowest cost per copy/print, and lowest lease rates proposed; however, discount percentage proposed must be the same or better throughout the life of the contract. Lowest price for Base, accessories, and CPC/overages (and lease factors if applicable) shall receive the maximum number of points available per segment. Lease factors may also be submitted for the addition of accessories after initial equipment installation via Attachment 2.9: CoTerm Lease Rates. CoTerm lease rate, if provided, will receive points. If CoTerm lease rates are not provided, no points will be given. Each machine segment will be evaluated to determine the lowest purchase price, lowest cost per copy/print (maintenance overages included), and lowest lease rates proposed. Sheet Fed Scanner Pricing Evaluation Pricing will be evaluated on the basis of lowest State of Florida purchase price for the purchase of the base machine configuration and percentage off accessories. Facsimile Pricing Evaluation Pricing will be evaluated on the basis of lowest State of Florida purchase price for the base machine configuration and accessories. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 29 If, in the process of the State’s evaluation and due diligence, it is determined that the pricing proposed by the Respondent is not comparable (or better) to these similarly situated clients, the Respondent’s submission may be rejected. 3.12.2. Technical Technical evaluators will independently evaluate proposed equipment for technical responsiveness. Non-responsive proposals shall not be considered for award. 3.12.3 Service Level Agreement (SLA) The SLA (Attachment 4) must be signed and submitted via the Sourcing Tool as part of the Vendor’s RFP response. Failure to agree to the SLA will result in the respondent being deemed non-responsive. 3.12.4 Financial Status The Department will evaluate the Respondent’s financial status using the Respondent’s Dun &Bradstreet (D&B) Supplier Qualifier Report (SQR). 3.12.5 Value-added Services Value-added services are not a required component of the bid response. The State welcomes the proposal of services which will provide increased opportunities for cost savings and within the scope of this RFP. 3.13. Financial Status The Department will assign evaluation points on the Respondent’s financial viability to perform the services outlined in this RFP. The Department requires submission of the Respondent’s SQR prepared by D&B. The Supplier Qualifier Report is a standard report detailing financial and operational capabilit y. It is highly recommended that prospective Respondents be familiar with their SQR rating prior to responding to this RFP. The prospective Contractor shall request the SQR report from D&B at: https://sor.dnb.com/sor/jsp/forms/SOF.jsp?SORTAG1=JQ37hS4r&SORTAG2=j58Gjk4x Enter the RFP number in the text field entitled “Enter your RFP Number” and select submit. Enter your company’s Duns Number. If you don’t know your company’s Duns number, you may use the search feature to find it. Confirm Registration Enter payment method and information and complete registration. The cost of the preparation of the D&B report shall be the responsibility of the Respondent. The SQR report shall be a part of the Respondent’s submitted response. It is the duty of the Respondent to ensure the timely submission of a D&B SQR report via the Sourcing Tool that accurately reflects the proposing entities SQR score. If the Department cannot determine on the RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 30 face of the documents that the SQR report is that of the proposing entity, the Department may award zero (0) points. Respondents are advised to allow sufficient time before the proposal due date for the D&B processing. Respondents should allow a minimum of 10 business days for D&B to process. If the Respondent does not receive a SQR from D&B prior to the opening date of the solicitation, as stated in the Event Timeline (Section 1.3), the Respondent shall be required to provide proof the SQR was requested by the Respondent after the posting date of the solicitation and submit said proof to the procurement manager upon request for clarification. SQR Risk Score Points Assigned 1 Lowest Risk Rating 8 2 7 3 6 4 5 5 4 6 3 7 2 8 1 9 Highest Risk Rating 0 If the Respondent does not provide a D&B SQR report, or if one cannot be generated by D&B, the submission will receive a score of zero (0) (Highest Risk Rating) for financial status. The Department may request financial information from Respondents that are unable to provide a D&B SQR report. These may include (but not be limited to): P/L Statements, Balance Statements, and other corporate financial reports. 3.14. Service Level Agreement Awarded Vendors must maintain a Service Level Agreement (SLA) with the Department. The SLA includes penalties for failure to perform. Awarded Vendors must provide quarterly Service Level compliance reports to the State Term Contract Administrator. 3.15. Ranking and Selection Process The Department shall evaluate and rank responsive proposals against all evaluation criteria set forth in the solicitation. The Department reserves the right to reject any and all replies, if the Department determines such action is in the best interest of the State. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 31 Vendors whose responses have been determined to be responsive shall be evaluated and awarded points using the following criteria: Criteria Maximum Points Available Responses to Vendor Questions 18 points Value Added 5 points Energy Star Certified 5 points Related Software 4 points References 5 points Financial Status 8 points Total 40 points Points listed above may be awarded to each vendor and any points awarded shall be added to the total points below. The maximum points available for responding to each segment are as follows: Category 1: Copier-based MFPs Points per Segment Pricing 145 points Technical Pass/Fail Category 2: Printer-based MFPs Points per Segment Pricing 145 points Technical Pass/Fail Category 3: Printers Points per Segment Pricing 145 points Technical Pass/Fail Category 4: Workgroup and Network Sheet Fed Scanners Points per Segment Pricing 40 points Technical Pass/Fail Category 5: Plain Paper Facsimile Machines Points per Segment Pricing 40 points Technical Pass/Fail RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 32 Maximum Points for Categories 1, 2, and 3 are: Lowest Base Pricing 20 points % off SRP- Accessories 20 points 24 months lease factor 20 points 36 months lease factor 20 points 48 months lease factor 20 points Co-Term 5 points Lowest cost per copy Black and White 20 points Lowest cost per copy Color 20 points Maximum Points for Categories 4 and 5 are: Lowest Base Price 20 points % off SRP- Accessories 20 points Points awarded will be averaged by number of segments within each category for which a response was submitted. Vendors will be awarded by segments per category. Categories will be evaluated independently of each other. Technical evaluation of all equipment proposed will be scored on a pass/fail basis. All equipment proposed must pass the technical requirements in order to be considered for award. Please see technical requirements listed in Section 6 of the RFP as well as responses to questions submitted to the Q&A board. 3.16. Quality All products, equipment, merchandise, and miscellaneous material bid shall comply with applicable requirements and standards of the Occupational Safety and Health Act (OSHA) and applicable State of Florida codes. Respondent shall warrant that all equipment, materials and workmanship furnished, whether by Contractor or its authorized dealers, complies with product specifications, drawings and other descriptions, supplied or adopted, and will be new, fit and suitable for the intended purpose, of good materials, design, workmanship, and free from defects or failure. 3.17. Technical Documentation RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 33 Technical documentation, including printed technical literature, may be requested from any Respondent, at any time, before or after contract award. Failure to supply this technical documentation when requested may result in rejection of your response or termination of contract. 3.18. Documentation Becomes the Property of the State All documentation produced as part of this solicitation shall become the exclusive property of the State. Documentation may not be removed by the Respondent or its agents and will not be returned to the Respondent. Selection or rejection of a reply shall not affect this right. 3.19. Contact Information and Ordering Instructions Ordering Instructions (Attachment 9) shall be submitted as part of the Vendor’s RFP response. This form shall identify the designated employee responsible for administration of the resultant Contract, if awarded. Contact information for the direct supervisor of the designated employee shall also be required. The designated employee shall be responsible for answering questions about equipment, pricing, ordering procedures, as well as submitting product and pricing updates. 3.20. Sales, Service, Parts and Repair Facilities The ability of the Contactor to meet the minimum service parts and repair requirements outlined herein is of paramount importance in obtaining the award of this contract. Awarded vendors shall maintain sales and service dealer facilities throughout the entire State of Florida. Awarded vendors may also choose to sell products through an authorized dealer. Respondents are required to submit a complete list of authorized dealers and service locations, with their RFP response, as additional pages to the Contact and Ordering Instructions form. Failure to comply with this requirement may result in disqualification of the bid. List of participating re-sellers and service facilities shall include the following information: Dealer Name Dealer Address City, State, Zip Code Office Phone/Fax Email Address Contact Person Contractor Tax ID Number Number of employees employed at location, broken down by sales, service and other Area of state location covers (counties) The Department reserves the right to consider the availability o f re-seller and service facilities in the award of this solicitation. Each service facility shall maintain a sufficient number of qualified technicians and a normal supply of parts to provide all required service, and ensure minimal equipment downtime. Failure to comply with this requirement will result in termination of contract. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 34 Contractor’s dealers/service representatives must be approved by the STC administrator prior to conducting business via the STC. Reseller/dealer information shall be submitted us ing the Authorized Dealer Form (Attachment 10) of the bid documents. Minimum qualifications for dealers and service location inclusion are: Must be registered and listed as active with the State of Florida’s Department of State, Division of Corporations. If doing business using a fictitious name (d.b.a.), the fictitious name must also be registered with the Division of Corporations. Must be fully registered and active within the State of Florida’s MyFloridaMarketPlace Vendor Information Portal. To be considered fully active, all sections within the registration must be completed and the terms of use accepted. o Must not have outstanding fees due to the State of Florida within MyFloridaMarketPlace Must not be listed on the State of Florida’s Department of Management Services, Division of State Purchasing Convicted, Suspended, or Discriminatory Vendor lists. The State of Florida is not a party to the contractual relationship between the Contractor and their dealers/service representatives. Contractor is responsible for the performance of their designated authorized dealers/service representatives. 3.21. Special Accommodation Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at (850) 488-8440 at least two (2) workdays prior to the bid opening. If you are hearing or speech impaired, please contact State Purchasing by usin g the Florida Relay Service at (800) 955-8771 (TDD). 3.22. State Objectives Within thirty (30) calendar days following award of the Contract, the successful Respondent shall submit plans addressing each of the State’s five (5) objectives listed below, to t he extent applicable to the items / services covered by this solicitation. 3.22.1 Diversity. The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority- and women-owned business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority- and women-owned businesses with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915. The State is dedicated to fostering the continued development and economic growth of small, minority, and women-owned businesses. Participation by a diverse group of Vendors doing business with the State is central to this effort. To this end, it is vital that small, minority, and women-owned business enterprises participate in the State’s RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 35 procurement process as both Contractors and sub- contractors in this solicitation. Small, minority, and women-owned businesses are strongly encouraged to contribute to this solicitation. The Contractor shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority, and women -owned businesses. Information on Certified Minority Business Enterprises (CMBE) is available from the Office of Supplier Diversity at: http://dms.myflorida.com/osd. Quarterly Reports of revenue paid to W/MBE contractors (agents or subcontractors) as a result of any award shall be provided to DMS Purchasing by the Prime Contractor on an Agency by Agency or other Eligible User level (Section 5.4.). 3.22.2. Environmental Considerations. Florida Governor Charlie Crist signed Executive Order 07-126, titled “Establishing Climate Change Leadership by Example: Immediate Actions to Reduce Greenhouse Gas Emissions from Florida State Government”; Executive Order 07-127, “Immediate Actions to Reduce Greenhouse Gas Emissions within Florida”; and Executive Order 07- 128, “Florida Governor’s Action Team on Energy and Climate Change.” The State supports and encourages initiatives to protect and preserve our environment. The Prime Contractor shall submit as part of any response the Prime Contractor’s plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, F.S.. The Prime Contractor shall also provide a plan for reducing and or handling of any hazardous waste generated by Prime Contractor’s company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Prime Contractor’s explanation of its company’s hazardous waste plan and shall explain in detail its handling and disposal of this waste. Prime Contractor shall utilize equipment that is Energy Star or EPEAT Bronze (or higher) compliant wherever possible. Prime Contractor shall list all equipment that meets these criteria. Describe what efforts your company (as Contractor) will take to encourage the participation and support of these and other environmental programs. 3.22.3. Certification of Drug-Free Workplace Program. The State supports and encourages initiatives to keep the workplaces of Florida’s Suppliers and Prime Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie responses are received, preference shall be given to a response received from a Respondent that certifies it has implemented a drug-free RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 36 workforce program. If applicable, Respondent shall certify that the Respondent has a drug-free workplace program using the “Certification of Drug-Free Workplace” as provided in Sourcing Tool for this solicitation. The Prime Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of the solicitation. Certification shall be submitted (in the Sourcing Tool) using Attachment 12. 3.22.4. Products Available from the Blind or Other Handicapped (RESPECT). The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. The Respondent shall describe how it will address the use of RESPECT in offering the items of the solicitation. 3.22.5. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. The Prime Contractor shall describe how it will address the use of PRIDE in offering the items of the solicitation. THIS SPACE INTENTIONALLY LEFT BLANK RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 37 SECTION 4 STATE OF FLORIDA PUR 1000 GENERAL CONTRACT CONDITIONS Contents 4.1. Definitions. 4.2. Purchase Orders. 4.3. Product Version. 4.4. Price Changes Applicable only to Term Contracts. 4.5. Additional Quantities. 4.6. Packaging. 4.7. Inspection at Contractor’s Site. 4.8. Safety Standards. 4.9. Americans with Disabilities Act. 4.10. Literature. 4.11. Transportation and Delivery. 4.12. Installation. 4.13. Risk of Loss. 4.14. Transaction Fee. 4.15. Invoicing and Payment. 4.16. Taxes. 4.17. Governmental Restrictions. 4.18. Lobbying and Integrity. 4.19. Indemnification. 4.20. Limitation of Liability. 4.21. Suspension of Work. 4.22. Termination for Convenience. 4.23. Termination for Cause. 4.24. Force Majeure, Notice of Delay, and No Damages for Delay. 4.25. Changes. 4.26. Renewal. 4.27. Purchase Order Duration. 4.28. Advertising. 4.29. Assignment. 4.30. Antitrust Assignment 4.31. Dispute Resolution. 4.32. Employees, Subcontractors, and Agents. 4.33. Security and Confidentiality. 4.34. Contractor Employees, Subcontractors, and Other Agents. 4.35. Insurance Requirements. 4.36. Warranty of Authority. 4.37. Warranty of Ability to Perform. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 38 4.38. Notices. 4.39. Leases and Installment Purchases. 4.40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). 4.41. Products Available from the Blind or Other Handicapped. 4.42. Modification of Terms. 4.43. Cooperative Purchasing. 4.44. Waiver. 4.45. Annual Appropriations. 4.46. Execution in Counterparts. 4.47. Severability. 4.1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) “Contract” means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) “Customer” means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The “Customer” may also be the “Buyer” as defined in the PUR 1001 if it meets the definition of both terms. (c) “Product” means any deliverable under the Contract, which may include commodities, services, technology or software. (d) “Purchase order” means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 4.2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor’s order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 4.3. Product Version. Purchase orders shall be deemed to reference a manufacturer’s most recently release model or version of the product at the time of the order, unless the Customer RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 39 specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4.4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions o n quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then-authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obliga ted to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor’s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 4.5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 40 4.6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer’s property. 4.7. Inspection at Contractor’s Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 4.8. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers’ Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 4.9. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 4.10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 4.11. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 4.12. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor’s authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 41 so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 4.13. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier’s Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non - conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 4.14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System (“System”). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor’s failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES’ VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C. 4.15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 42 Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms – EDI 810, cXML, or web- based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Frida y to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer’s failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 4.16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees’ wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 4.17. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 4.18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), “gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer’s Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor’s integrity or responsibility. Such information may include, but shall not be limited to, the Contractor’s business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 43 investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor’s suspension or debarment. 4.19. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless t he State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer’s misuse or modification of Contractor’s products or a Customer’s operation or use of Contractor’s products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor’s opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor’s obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written not ice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor’s prior written consent, which shall not be unreasonably withheld. 4.20. Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor’s liability under a contract or purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 44 Customer may, in addition to other remedies available to them at law or equity and u pon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 4.21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Custom er shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 4.22. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State’s interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 4.23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A - 1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 4.24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 45 due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 4.25. Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 4.26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 4.27. Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract’s term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract’s terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state term or agency contract’s term shall be considered void. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 46 Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor’s notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency cont ract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 4.28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor’s name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 4.29. Assignment. The Contractor shall not sell, assign or transfer an y of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 47 4.30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 4.31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer’s decision on the petition shall be final, subject to the Contractor’s right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 4.32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer’s security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor’s employees, subcontractors, or agents. 4.33. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State’s or Customer’s confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 48 Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 4.34. Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 4.35. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 4.36. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 4.37. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 4.38. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 4.39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 4.40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 49 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. 4.41. Products Available from the Blind or Other Handicapped . Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 4.42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, “shrink wrap” terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor’s order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 4.43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 4.44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer’s right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 50 4.45. Annual Appropriations. The State’s performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 4.46. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.47. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. THIS SPACE INTENTIONALLY LEFT BLANK RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 51 SECTION 5 SPECIAL CONTRACT CONDITIONS NOTE: SPECIAL CONTRACT CONDITIONS CONTAINED IN SECTION 5.0 WILL SUPERSEDE AND SUPPLEMENT GENERAL CONTRACT CONDITIONS (PUR 1000) CONTAINED IN SECTION 4.0. 5.1. Definitions The definitions found in Rule 60A-1.001, F.A.C. and other sections of this solicitation shall apply to any contract resulting from this solicitation. The following additional terms are also defined: (a). “Acceptance Date” means the date on which Lessee accepts installation of Equipment on a particular Equipment Schedule upon satisfactory completion of such acceptance tests as have been agreed to by Lessor and Lessee, which acceptance is evidenced by the execution and delivery by Lessee of a Certificate of Acceptance. (b). “Authorized Dealer” (“dealer”) means an agent/reseller/dealer/subcontractor authorized by the Manufacturer or Private Label Distributor, in writing, to provide equipment and/or services, to State Term Contract customers, under the direct supervision of the Manufacturer or Private Label Distributor. (c). “Business Day” shall mean a calendar day, excluding Saturdays, Sundays and all days in which banking institutions in the State of Florida are closed. (d). “CMBE” means a Certified Minority Business Enterprise as certified by the State of Florida Office of Supplier Diversity. (e). “First Time Fix” is the measurement of a successful service and technical support call. It is defined by the dealer’s or manufacturer’s ability to remedy the underlying issue on the first service call. This measurement shall be that no other service calls are placed for the same issue within a 90 day period of time. (f). “Lessee” is any State of Florida Agency or Other Eligible User as defined in Section 3, which has executed a purchase against the State Term Contract to which these terms and conditions are a part. (g). “Lessor” is an awarded Contractor of the State Term Contract to which these terms and conditions apply. (h). “Line Item Catalog” means the spreadsheet located within the ARAVO Content Management Tool used when a punch-out site (see below) is not available or feasible. (i). “MFMP” means MyFloridaMarketPlace, the State’s e-Procurement system. (j). “MFMP Service Provider” means the third party company operating the State’s e- Procurement system, MyFloridaMarketPlace. (k). “Ordering Instructions” means the detailed information listed in the ARAVO Content Management Tool and on the State Term Contract website when a Line Item Catalog is being used to place orders. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 52 (l). “Pricing Spreadsheet” shall set forth the quantity, model number, description, serial number and the price paid by Lessee of each leased item included therein. In addition, the spreadsheet shall state the lease term applicable to all Equipment included on the contract. Each pricing spreadsheet shall be deemed to incorporate the terms and conditions of this state term contract lease provisions. (m). “Prime Contractor” means the vendor awarded the contract. Throughout this document, the Prime Contractor may also be referred to as the Vendor and Contractor . (n). “Punch-out site” means the Contractor owned and maintained web-based electronic ordering system interfaced with the MFMP web-based electronic ordering system. (o). “Response Time” means the arrival of a trained service person at the customer’s site. (p). “Service Call” is an on-site technician visit due to machine error or breakdown requiring the on-site services of an authorized service technician to remedy the error. (q). “Service Response Time” is the time required to solve a service call beginning from the time the call is logged with the Successful Vendor until either an Authorized Service Technician arrives on site or the issue is resolved through the Successful Vendor’s phone support. (r). “State of Florida Contract Administrator” (“Contract Administrator”) means the contact person(s) listed on the State of Florida’s State Term Contract web page. 5.2. Notice to Contractor The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287, F.S., and Chapter 60A, F.A.C., govern the Contract. By way of further non-exhaustive example, the Contractor shall comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. Violation of such laws shall be grounds for Contract termination. Florida Information Technology Resource Security Policies and Standards- as defined in Rule 60DD-2, F.A.C and proposed Rule 71A-1 shall apply to this solicitation where necessary. 5.3. Contract Management Contractor(s) agrees to the following contract management requirements: (a). Contractor shall designate one of its employees as Contract Manager to act on its behalf with regard to management of this contract. Contractor shall provide designee’s resume and a brief description of the employee’s qualifications. The Contractor may not change its Contract Manager without providing the Department a replacement and shall submit written notification no less than ten (10) days prior to change to the State of Florida contract administrator. This individual will support multiple Customers and shall respond to calls and/or emails within twenty-four (24) hours. Customer support contact information shall be provided on the Vendor Information Form. Contractor shall also provide contact information for the designated employee’s supervisor. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 53 (b). Contractor shall provide toll-free customer service phone support from 8:00 AM to 5:00 PM (for the corresponding service time zone) Monday through Friday, except for State holidays. TDD (Telecommunication Device for the Deaf) or other suitable support access must be made available during the above customer service operating hours. (c). As part of contract management, the Contractor agrees to conduct Business Review Meetings, which may be held at a date, time and location to be mutually agreed upon, with the Department. These meetings are to be held one (1) to two (2) times per calendar year, not more than six months apart, unless additional meetings are necessary due to Vendor performance and/or compliance issues. The Department encourages Contractors to identify opportunities to generate lower costs. A continuous improvement effort, consisting of various ideas to enhance business efficiencies, may be discussed at the Business Review meetings or as identified. The agenda for the Business Review meetings will include: Contractor performance review Contract improvement Productivity improvement Increasing contract usage among the Eligible Users List and description of all service calls and timeframe for resolution (d). Contractor shall maintain at no additional cost to the State, and in a reasonably accessible location all records pertaining to its products and services provided to the Department under this Agreement for a period of five (5) years after expiration of contract. Product information shall consist of the following minimum activities: Contractor shall maintain all MFMP registration information up-to-date and current. Contractor shall establish, maintain (through the ARAVO Content Management Tool), and update, as product offerings are updated, a list of specific products and services to be included in a line-item catalog available through the MFMP web- based procurement system. Contractor shall maintain current data on machines Contractor has in place with State of Florida agencies and OEUs. The data provided shall be as outlined in the Equipment Summary Report. This report shall include the customer name, machine model numbers; volume of machines sold or leased, and total dollar value. 5.4. Contract Reporting Requirements Required reports for this contract are: Monthly fee reporting (and fee payment) via MyFloridaMarketPlace Quarterly reports detailing contract usage submitted to the contract administrator via email as detailed below. Other reports (as specified in Section 3) upon contract administrator’s request RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 54 5.4.1. Monthly Fee Reporting Monthly fee reporting is required within the MyFloridaMarketPlace system and, shall include the total of all sales made to State of Florida agencies and OEUs referencing the contract number. Fee payments are due by the 15th of the month in which the Consolidated Billing Invoice (CBI) is generated (per Section 4.14.). 5.4.2. Quarterly Fee Reporting The Contractor shall be responsible to submit contract spend reports to the Contract Manager using the (State Term Contract) STC Reporting Form provided by the contract administrator. The following data must be reported to the Department on a quarterly basis (J anuary, April, July, and October) for the length of the contract. Report shall include: Contractor’s Name Contractor’s Contract Administrator contact information Contractor’s contact information for the individual who compiled the report Reporting Period (State of Florida utilizes standard fiscal quarters; Q1 (July – Sept), Q2 (Oct – Dec), Q3 (Jan – Mar), Q4 (Apr - Jun) Total dollar value of purchases and leases per quarter separated by State Agency and Eligible User totals, and separated by purchase order and p-card order total dollar values. Total quarter dollar volumes purchase order, p-card order and cumulative total. Total spend with certified and non-certified woman/minority/service-disabled veteran owned business enterprises (“WMVBE“) directly related to transactions under this contract. Reports shall include the : o period covered, o vendor name, o State of Florida minority vendor code, o Federal Employer Identification Number (FEIN) of each WMVBE utilized during the reporting period, o commodities and services provided by the WMVBE, o amount paid to each minority agent/dealer on behalf of each purchasing agency or Eligible User ordering under the terms of this contract A sample report form shall be made available on the State Term Contract web site, and will be made available on the State of Florida State Term Contract web page. Failure to provide quarterly reports within thirty (30) calendar days following the end of each quarter (October, January, April, and July) may result in the Contractor being foun d in default and cancellation of the contract by the Department. Submission of the quarterly sales reports are the responsibility of the Contractor without prompting or notification by the Department. The Contractor shall submit the completed quarterly reports by email to the administrator of the resulting contract. 5.5. Method of Payment/Purchasing Card Program (P-Card) The method of payment for this Contract is a Customer purchase order, check or government credit card. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 55 The State of Florida has implemented a purchasing card (“P-Card”) program, which at the time of this contract solicitation, uses the Visa platform. Vendors may receive payment from State agencies by the State’s Purchasing Card in the same manner as any other credit card purchases. P-Card acceptance for purchases and leases is a mandatory requirement for this solicitation, but is not the exclusive method of payment. If the State changes its P-Card platform during the term of Contract resulting from this RFP, the Contractor shall make any necessary changes to accommodate the State‘s new P-Card platform within 30 days of notification of such change. 5.6. Product Availability and Restrictions Equipment available to customers shall be new equipment only. It is anticipated that as equipment offered within the solicitation response is no longer produced and is considered to be end-of-life, the Contractor will provide replacements for said equipment at the discount level corresponding to the replacement’s category level. 5.7. Delivery and Installation Requirements Unit prices shall include delivery to the ordering Customer, F.O.B. destination, freight prepaid, delivery, uncrating, assembly, installation, making ready for use, removal of debris and instruction of Customer personnel. No other fees or charges will be paid by the Customer. Product shall be delivered within thirty (30) days after receipt of order. Contractor shall notify the Customer at least forty-eight (48) hours in advance of delivery so that necessary arrangements can be made. Contractor shall be responsible for any damages to building or individuals as a result of delivery and installation. If equipment ordered cannot be delivered with the 30 days, the customer must be given and order status updated, either verbally or via email, on a weekly basis. 5.8. Instructions and Maintenance Manual At the time of the delivery, the Contractor or Reseller shall be required to furnish the Customer at least one (1) instruction manual and one (1) maintenance manual for each system ordered. Bulletins, revisions, and corrections shall be provided for each system purchased, as they are issued by the manufacturer. Each instruction and maintenance manual shall contain definitions of terms, definition of equipment, equipment capabilities, technical descriptions of equipment operations, description of malfunction identifications, trouble shooting procedures and detailed schematic and use instructions. 5.9. Warranty Contractor shall fully warrant all items furnished from this solicitation against defects in materials and workmanship for a minimum period of ninety (90) days from date the equipment is accepted by the Customer. Acceptance is defined as when the product is installed, in good working order, made operational in accordance with standard specifications, and on-site training is completed. A signed and dated certificate of acceptance may be provided to the vendor by the customer. The 90 day warranty shall be on-site, parts and labor, next business day support and included in the product purchase price. The warranty shall cover material, labor and transportation charges, if any. Warranty for software includes any upgrades thereto during the warranty period. Warranties of less than ninety (90) days will not be accepted or considered and may render a Respondent non-responsive. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 56 All products must operate in accordance with the manufacturer's standard specifications and documentation. Should any defects in workmanship or materials, appear during the warranty period, the Contractor shall repair or replace such items immediately upon receipt of notice from the Customer at no additional expense. 5.10. Equipment Reliability / Non-Performance Awarded contractor is required to provide satisfactory service levels at all times. Degraded performance and/or excessive equipment down time shall not be acceptable. Excessive equipment down time is defined as two (2) or more service calls over a one (1) month period for non-routine equipment wear and tear related issues or repeated repairs to the same piece of equipment. Should a piece of equipment (a) continue to malfunction during the warranty period after repeated service calls, (b) require excessive amount of remedial maintenance, or (c) in the opinion of the Customer is not providing satisfactory performance after five (5) service calls, the Contractor, after receiving notice in writing by the Customer that such a situation exists, agrees to remove and/or replace the defective unit (Customer’s choice) within five (5) business days of such notice at no cost to the Customer. If the Customer requests removal of leased equipment, contractor will cancel the lease effective immediately with no additional payments due from Customer. Replaced units shall be new and as per the original specifications or better if original unit is no longer available. Failure to comply with above requirements may result in the contract supplier being found in default and unilateral cancellation of the contract by the State. 5.11. Factory Service Requirements The Respondent agrees to maintain at least one factory-authorized service station and/or servicing dealer within the State of Florida to perform warranty repairs and adjustments throughout the Contract Term. Respondent must update the ordering instructions form throughout the Contract Term as needed. The Contractor shall promptly notify the Department of any changes thereto, however the Parties expressly agree that changes to the Service Representative List are not Contract Amendments and do not require a formal written agreement. This arrangement shall not relieve the Contractor of its duty to maintain at least one (1) authorized service location within the State of Florida. The Contractor may offer the State Agencies and Eligible Users “after warranty” service agreements for the maintenance and repair of goods after the initial warranty expires. The Contractor shall provide pricing for this additional service as a separate item on the pricing spreadsheets. 5.12. Security and Confidentiality Contractors, providers, and partners employed by agencies or acting on behalf of agencies shall comply with the rule, guidelines, agency security policies, and employ adequate security measures to protect agency information, applications, data, resources, and services. Contractors/Vendors are required to notify the customer/agency within 24 hours of a suspected or confirmed data breach. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 57 5.13. Purchase and Lease Provisions Customers will be authorized to purchase or lease equipment by issuance of a purchase order referencing the contract number. The manufacturer's lease or service agreement form will not be used since the contract resulting from this RFP and the purchase order will constitute the complete agreement. Note: Should the Contractor present and customer sign, a contract and/or service agreement, that document shall be void and non-binding. All State Agencies are required to receive pre-approval from the Department of Financial Services PRIOR TO entering into a lease in excess of the annual Category Two threshold (currently $25,000). No lease shall exceed 5 years. All State agencies are urged to review the Chief Financial Officer’s latest memorandum addressing leases and deferred-payment purchases of equipment when considering the leasing or purchasing of equipment. 5.13.1. Leases Lease prices shall remain firm throughout the lease period selected by the Lessee. Lease agreements shall be effective on the first day following the executed Certificate of Acceptance. No interim rent or interim term may be charged under any circumstances. The date of acceptance is that date listed on the Certificate of Acceptance Form after equipment has been installed, tested and Customer trained. Leases shall only be executed under this Contract if the Contractor is the Lessor. No third party lease agreements are acceptable. Maintenance/Service and Supplies plan must be must be obtained for the duration of the original lease term. Available Lease Periods: 2-Year Lease: A consecutive twenty-four (24) month equipment plan (not a lease purchase plan) which shall expire at the end of twenty-four (24) month period. No termination notice shall be required by either party at end of lease. 3-Year Lease: A consecutive thirty-six (36) month equipment plan (not a lease purchase plan) which shall expire at the end of the thirty-six (36) month period. No termination notice shall be required by either party at end of lease. 4-Year Lease: A consecutive forty-eight (48) month equipment plan (not a lease purchase plan) which shall expire at the end of the forty-eight (48) month period. No termination notice shall be required by either party at end of lease. Maintenance shall include full service including preventive maintenance, all service calls, travel, loaner equipment and no charge replacement of all defective or worn parts and machines. [Reminder: cost for maintenance agreement shall be included in the monthly lease price, but shown separately for informational purposes as maintenance agreement pricing is used when calculating a lease total cost analysis.] 5.13.2. Expiration of Lease Lease agreements shall expire upon completion of the specified lease period and shall not be automatically renewed for a new lease period. The customer, within 30 days of lease RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 58 expiration, shall make arrangements with the lessor to either have the equipment picked up upon lease end or notify lessor of intent to renew. A Customer’s failure to notify the lessor of the intent to terminate does not constitute intent to renew. All leased equipment not renewed shall be removed from customer’s location within ten (10) days after expiration of lease at contractor’s expense. Leases may be renewed under a maintenance plan if the five (5) year combined lease term has not been reached. All equipment removal shall be coordinated with customer. 5.13.3. Renewal of Lease Lease renewals are permitted under this contract for the same equipment used during the original lease term. The combined time frame of the original lease term and the lease renewal shall not exceed 5 years. Pricing for lease renewals shall be the option selected pricing provided in the Maintenance Service and Supplies spreadsheet for the appropriate leased machine segment. 5.13.4. State of Florida Consolidated Equipment Financing Program (CEFP)/Purchases Unless specifically exempted by the Department of Financial Services, all state agencies’ deferred-payment purchases shall be acquired through the consolidated equipment financing program. For further details, go to http://www.myfloridacfo.com/aadir/statewide_financial_reporting/index.htm. *Note: this financing is also available to state universities and state community colleges. 5.13.5. Lease Approval Checklist Prior to entering into a lease in excess of the annual Category Two threshold (currently $25,000), State Agencies must submit a completed “Checklist for Requesting Department of Financial Services Approval to Lease Equipment (ref. Section 287.063, F.S.)” to the Department of Financial Services for preapproval. This form is located at: http://www.myfloridacfo.com/aadir/statewide_financial_reporting/index.htm. 5.13.6. Lease Cancellation for Convenience Lease agreements may be canceled at any time during the lease agreement period by the lessee. A thirty (30) day cancellation notice, in writing, will be required of the lessee. All money due the lessor (excluding maintenance and supplies costs) for the remainder of the lease agreement period will be due and payable upon completion of the equipment removal, except in documented cases of non-performance by the contractor or non- appropriations. Upon cancellation without cause of a lease agreement by the lessee, the equipment will be returned to the lessor with transportation at the lessee’s expense (including removal charges, if applicable). 5.13.7 Lease Cancellation Due To Non-Performance The initial lease agreement may be cancelled at any time during the lease period for contractor or equipment non-performance (as outlined in section 5, Special Conditions, and section 6, Technical Specifications). If the lessee requests removal of leased equipment, lessor will cancel the lease effective immediately with no additional payments RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 59 due from customer. Equipment will be removed from lessee site within ten (10) days of such written notice at no cost to the lessee. 5.14. Standard Support Levels Contractors shall provide the following standard levels of support under the Contract: Inside delivery and Dealer set-up and installation at no cost to the customer; Minimum 90-day warranty for parts coverage and support; Maximum two (2) business days repair time, or replace with comparable equipment (replace with new equipment during the warranty period) (see Service Level Agreement); Toll-free telephone support and information; (Minimum: Business days 8:00 a.m. to 5:00 p.m., within corresponding time zone); Service response time minimum of 24 hours after receipt of problem call; Access to all software or firmware updates installed or bundled with the product for the term of the full warranty; 30-day money back guarantee, return to vendor, with no restocking fee or comparable charge; Standard End-User Training; 5.15. Optional Support Levels Optional Support that may be offered includes, but is not limited to: Warranty upgrades may be purchased at time of purchase or any time afterwards during the product life cycle; Warranty service response upgrades; e.g., on site, 4 hour response, or next business day; Extended End-User Training Optional support levels resulting in increased cost to Customers shall be clearly and separately identified on the Contractor’s authorized product and price list submitted on the pricing spreadsheets. Integrated components shall carry the same support level and warranty provisions as the system. By way of non-exclusive example, paper feed units, data security kits, finishers, network/fax boards, hard drives, and large capacity trays. Customers shall not be required to purchase maintenance from Contractor and may enter into separate agreements for maintenance and support with entities other than Contractor. 5.16. Service and Response Awarded contractor shall respond to all service calls within twenty-four (24) hours after notification. Standard business hours are defined as Monday through Friday, 8:00 AM – 5:00 PM, excluding Saturdays, Sundays and nationally and state observed holidays. For the purposes of the contract resulting from this bid, response time shall mean the arrival of a trained service person at the user’s site. A telephone call, unless it results in solving the problem, shall not be deemed an acceptable service response. Repeated failure to provide service to all specified areas within the contracted time will result in the removal of the contractor from the contract. An equivalent loaner piece of equipment with similar specifications must be provided, at no additional charge if the equipment cannot be repaired within two (2) work days of request for service. The invoice for lease or maintenance will be reduced by one-thirtieth (1/30) of the RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 60 monthly base charge for each day that the equipment is inoperable and there is no loaner available beginning after the expiration of the (2) work days. Contractor shall utilize only genuine or factory authorized replacement parts for repair of equipment. Under no circumstances will the Customer deliver or mail equipment to the contractor for repair. In responding to the solicitation, the Respondent certifies replacement parts will be available for five (5) years and each of the designated dealers is aware of and agrees to conform to all terms and conditions of this solicitation and resulting contract. Repair parts must be stocked at all service locations. Downtime in excess of four (4) work days may be cause for default. Customers shall have the option to upgrade service response times for the entire lease term or on a per call basis at a published rate provided with solicitation response. Vendors may offer Service exchange (equipment replaced with new machine of equal or better performance) in lieu of on-site service at the customer’s preference. In the event a designated dealer is non-responsive under a resulting contract, State Purchasing reserves the right to remove such designated dealer. If this occurs, the contract supplier shall designate an authorized replacement dealer within thirty (30) days of written notification by State Purchasing. Such action shall in no way relieve the contract supplier from liability and the obligation to fulfill the terms and conditions of the contract. Failure to comply shall be considered a default of the contract. 5.17. Maintenance Plans Maintenance Plans shall be available for current contract equipment and for pre-contract (legacy) purchased equipment. In addition to the requirements listed within the Standard Support Levels (Section 5.13) maintenance plans for each submitted unit shall include, at a minimum, the following: Imprint supplies (toner/non-toner); Replaceable parts subject to wear over time (drums, fusers, etc. as applicable); Staples (if used by machine and stapling accessory is installed); Preventative maintenance service calls as recommended by the manufacturer; 5.17.2. Maintenance and Service of Leased Equipment Contractor certifies acceptance of the following guarantees on leased units: All broken or defective parts not caused by neglect, misuse, or abuse and all necessary machine adjustments occasioned by such defective or broken parts will be covered by the Contractor during the term of the lease. The Contractor agrees to promptly repair or replace on a one for one basis without additional cost to the ordering entity. Contractor will be responsible for pick up and/or delivery of units that require service. If the required service cannot be completed within two (2) business days, the Contractor will provide an equivalent loaner piece of equipment to entity, at no additional charge. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 61 While equipment is under a lease agreement, all rate changes and software updates shall be included. 5.18. Relocation and Moving of Leased Equipment Customer shall notify Contractor any time leased equipment is relocated to another physical street address. Relocation of leased equipment within the same building shall be performed by the Contractor at no charge. Relocation within the same complex shall be done at no charge unless equipment must be trucked to another building and then the submitted relocation charge is allowed and payable under this contract if a truck is necessary. For more complex relocation needs, Contractors shall submit prices estimates to the customer prior to any movement of the equipment. 5.19. Contractor’s State Contract Webpage The Contract resulting from this solicitation will become a public document. DMS maintains a website used to display State Term Contracts and product information to eligible users and other interested entities. The Awardee(s) shall, within thirty (30) days after the date of award listed on the Certification of Contract document, develop and maintain their own State of Florida web page to post approved and required Contract information, which shall include pricing, percentage discounts, terms, catalogs, ordering instructions, descriptive information, list of products that meet the State of Florida’s approved green product labels / standards, and product pictures. The State Contract web page must maintain compatibility with the browser software being used by DMS, currently Internet Explorer 7.0. Contractor is responsible for any and all costs associated with providing this information to the State. The web site must have the following required items: Accurate Contract pricing and equipment; Detailed item descriptions, model numbers, standard inclusions, optional accessories; Information to access product literature of awarded items, including photos of awarded products; Additional links to access technical product literature of awarded items; Authorized servicing dealers with current contact information; Maintenance options Contract authorized value-added services List of products that meet the State of Florida’s approved green product labels / standards; The Universal Resource Locator (URL) for the Vendor’s State Contract web page must be supplied to the Contract Administrator within 30 days of Contract award. Continued disruption of service or inadequate access may be grounds for termination and removal from the Contract, subject to Section 4.23. Contractors should note that the US Federal Trade Commission’s Guides to the Use of Environmental Marketing Claims (Green Guides) regulate how companies label and advertise using environmental claims / terms (available at http://www.ftc.gov/bcp/grnrule/guides980427.htm) 16 C.F.R. Part 260 for details. It is the Prime Contractor’s responsibility to accurately identify their products that meet the State of Florida’s RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 62 approved green product labels / standards (e.g., Energy Star, Green Seal) in their electronic catalog, punch-out site and on State Contract web page. For Florida approved green product labels / standards please see the State of Florida’s Climate Friendly Preferred Products List (excel spreadsheet link). Failure to accurately represent green products may be cause for termination upon notice by the Department. 5.20. Contract Revisions Though Contractors are responsible for maintaining their own contract information through their State Contract Web Page, any product updates to the originally approved equipment must be approved by the contract Administrator prior to being offered to Contract Customers. Product detail, options, and pricing must be submitted on the appropriate segment price sheet with any request to products. Changes to ordering instructions and servicing/dealers list must be submitted to the contract administrator prior to implementation. Upon review of the Contractor’s state contract web page, should unauthorized information be discovered within the site, the contract link may be immediately suspended until the information is appropriately revised or the contract canceled due to non-compliance. 5.21. Electronic Invoicing / Billing Equipment purchased on this State Term Contract shall be DIRECT BILLED BY THE CONTRACTOR OR AUTHORIZED DEALER. The Contractor must provide in-house financing. Third party billing providers/finance companies shall not be authorized for use. Contractors must offer at a Customer’s request, various payment terms. The terms for the reconciliation may be monthly, bi-monthly or quarterly. Billing terms must be clearly specified on the Customer’s purchase order. State Agencies shall be electronically billed through the MyFloridaMarketPlace (MFMP) system wherever able (see MFMP Invoicing Requirements). All other Eligible Users should be electronically direct billed whenever possible. At a minimum, each leasing invoice shall provide the following information: Customer name; Service order/P.O. numbers for equipment being billed; Serial numbers equipment billed Account numbers Bill date Billing term Bill remittance address Begin and End counts used for billing In cases of fleet aggregate billing, invoice shall include total count reported by customer Overage counts (if any) CPC overage charge Adjustments (detailed information on all adjustments within the bill must be provided) Sub-total of current charges Net amount due RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 63 At a minimum, invoices for equipment purchases and maintenance plans shall provide the following information: Customer name Service order/P.O. numbers for equipment being billed Serial numbers of equipment billed Account numbers Bill date Install date (purchase)/billing term (maintenance plan) Remittance address Net amount due All invoices shall have a due date of no less than 30 days from the invoice creation date and, must be received by the customer within 7 days of the invoice creation date. For electronic invoicing, before orders may be completed and invoicing from contractors or sub- contractors may begin, a test must be successfully conducted using the billing data transmitted from the contractor or sub-contractor to create an end-user invoice. Over the life of the contract, changes to billing formats or data elements required by the State may occur. Contractors and sub-contractors will be required to adhere to these changes for all billing purposes. 5.22. Payments Payment for equipment will be processed upon the satisfactory completion of delivery, installation, training, acceptance, and correct invoicing. Per Section 4.15 (PUR 1000), payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. 5.23. Taxes and Other Fees Relocation charges shall be listed as a flat rate per machine. Contractor and, all servicing dealers shall not charge any additional fees, including but not limited to, property taxes, delivery charges, pick-up charges, fuel surcharges, etc. 5.24. Requests for Quotes Although not required for the State Term Contract resulting from this RFP, CUSTOMERS MAY COMPETITIVELY SET THE PRICE FOR ANY PURCHASE BY INITIATING A REQUEST FOR QUOTES (“RFQ”) among the awardees within a Category. An RFQ is an oral or written request for written pricing or service information from a Contractor, for products available under the Contract from the Contractor. When the RFQ process is used, Customers should create and maintain written records of oral and written requests, and written quotes received. Where the RFQ process is used, quotes should be in writing but otherwise informal, and need not be received or posted publicly or at a particular time or place. The RFQ process is not mandatory under this Contract but may be used solely at the Customer’s discretion. Customers are encouraged to seek, and awarded vendors to provide, greater discounts for volume orders. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 64 5.25. Leased Equipment Risk of Loss/Equipment Insurance The (Lessee) shall be relieved from property risks including: loss or damage to all Leased Item(s) during the periods of transportation, installation, and the Lease Term except when loss or damage is due to the negligent acts of the Lessee. It is the responsibility of the Contractor to insure all leased equipment. In cases of loss during the original lease term, the Lessee shall provide the Contractor with a copy of the filed police report, via certified mail, within 5 business days of receiving the police report. In cases of damage during the original lease term, the Lessee shall provide the Contractor with pictures of the damage and a certified letter detailing the damage to the equipment dated within 5 business days of the damage occurring or being discovered. The Contractor shall remove the damaged equipment from the Lessee’s location within 10 business days of receiving the certified letter. In cases of damage due to negligent acts by the Lessee during the original lease term, the Lessee shall provide the Contractor with pictures of the damage a certified letter detailing the damage to the equipment dated within 5 business days of the damage occurring or being discovered, and shall pay the balance due on the lease, less service and supplies, to the Contractor within 30 days of receiving an accurate invoice for the balance. The Contractor shall remove the damaged equipment from the Lessee’s location within 10 business days of receiving the certified letter. 5.26. Price Discount Levels At no time during the contract period may the discount be reduced. The discount percentages shall not be decreased (e.g. 65% -> 60%) during the term of this contract; however, discounts from SRP may be increased (e.g. 60% to 65%) during the term of the contract by the Awarde d Vendors. The Contract Administrator must be notified of any such increase in discount and updated price sheets submitted for posting. Vendors are encouraged to offer additional discounts for promotional offers and/or large/fleet orders. Promotional offers must be submitted to the contract administrator for approval prior to being offered to customers. Approved promotional offers shall be posted on the STC web site. After a twelve (12) month period, justifiable requests for a price decreases may be requested by DMS. Minimum price decreases shall be based upon the Producer Price Index (PPI) (for that specific industry) as published by the U.S. Bureau of Labor Statistics The last published non-preliminary Producer Price Index for the month prior to award/anniversary date of the contract will be the baseline for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the new PPI Index. The last published non-preliminary Producer Price Index for the month prior to award/anniversary date of the contract will be the reference date for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. As an example: the price de-escalation formula would be tied to the change in the commodity for Office Machinery Manufacturing, PPI Series ID PCU333313333313. The formula is calculated RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 65 by dividing the New PPI Index by the Old PPI Index to identify the Price De-escalation Rate. The Old Discount is divided by the Price Escalation Rate to determine the New Discount. This formula may be applied after Year 1 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found at the Bureau of Labor Statistics web site and following the below steps: Go to BLS website: http://www.bls.gov/ppi/ Click on the PPI Databases link Select Industry Data (One Screen) Box 1: Type “333313” in the “Select an Industry” box for the Office Machinery Mfg. category and hit the adjacent “Find” button. Box 2: Select “333313333313” for Office Machinery Mfg in the “Select One or More Products” box and hit the adjacent “Find” button Box 3: Click the “Add to Your Selection” button and then the “Get Data” button. A table similar to the one shown below will be created. Series Id: PCU333313333313 Industry: Office machinery manufacturing Product: Office machinery manufacturing Base Date: 198506 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2000 120.5 120.5 120.5 120.6 120.6 120.4 120.7 120.7 120.7 120.7 120.7 120.1 120.6 2001 121.9 122.3 122.3 122.3 122.3 122.3 122.3 122.3 122.3 122.4 122.4 122.4 122.3 2002 122.5 122.5 122.5 122.5 123.3 123.3 123.3 123.3 123.3 123.2 123.2 123.1 123.0 2003 123.1 123.1 123.1 123.7 123.7 123.7 123.7 123.7 123.7 123.7 123.7 123.7 123.6 2004 123.7 123.6 123.8 125.5 125.6 125.6 125.6 125.6 125.6 125.6 125.4 125.4 125.1 2005 129.3 129.7 129.7 129.7 129.7 129.7 129.7 129.7 129.5 129.2 129.4 129.4 129.5 2006 129.4 129.4 127.8 127.7 127.7 127.7 127.8 127.8 127.8 127.7 125.2 125.1 127.6 2007 125.2 125.5 125.5 125.6 125.7 125.9 126.0 126.0 126.0 126.1 126.4 126.4 125.9 2008 126.8 126.9 127.2 127.6 128.5 128.5 129.1 129.6 129.6 130.1 130.1 130.1 128.7 2009 130.4 130.4 130.5 129.8 129.8 130.6 131.0 131.2 131.2 131.4 131.7 (P) 131.5 (P) 130.9 (P) 2010 132.2 (P) 132.0 (P) P: Preliminary. All indexes are subject to revision four months after original publication. Calculation Example: In this example, Feb 2006 is the first year anniversary of the contract. Therefore, Old PPI: Jan 2006 PPI for Computer Printers = 129.4 New PPI: Jan 2007 PPI for Computer Printers = 125.5 Price De-escalation Formula: New PPI / Old PPI = Price De-escalation Rate (rounded to four decimal points) “Old Price Discount %” ÷ “Price De-escalation Rate” = New Price Discount % (rounded to two decimal points) Calculation: 125.5 ÷ 129.4 = .9699 which equates to a Price De-escalation Rate of 96.99% 50% ÷ 96.99% = 51% (New Price Discount Percent) RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 66 Any decreases negotiated during the term of the contract shall become effective no later than thirty (30) days after approval of the request. 5.27. Benchmark Report / Competitive Price Assurance Upon request, to ensure the State continues to receive competitive market pricing, Contractor(s) shall report to the Department the following benchmark data: The benchmark data will compare the State’s rates against rates contractually provided to other states and enterprises by the contractor, with attention given to a similar mix of products and services associated with other such contracts. The benchmark will emphasize those rates negotiated within the most recent twelve (12) months. The benchmark will be made for those services that represent the State’s most significant purchase volumes. The benchmark will compare the State’s rates against the best rates found in the industry (i.e., the top 10%) within the United States. Should it be found that the State’s pricing is higher than the market benchmark, the Contractor shall unilaterally reduce the State’s pricing, charges and/or discounts, as appropriate, to make the State’s rates comparable to the benchmarked best rates. Any adjustments shall be made available to the Customers within thirty (30) days of notification of findings. 5.28. Additional Hardware and Services Contractors may offer and the State may purchase equipment, systems or services as detailed on the Pricing Spreadsheets. When additional equipment, systems or services are proposed, a State Term Contract Product Change Form must be submitted to the Department for approval. THE STATE OF FL ORIDA C ONTRACT ADMINISTRATOR MUST APPROVE ANY REPLACEMENT OR ADDITION OF EQUIPMENT, ACCESSORIES , SOFTWARE, OR SERVICES PRI OR TO ADDITION TO THE CONTRACT. Percentage discounts for equipment, accessories and software must be consistent for each machine proposed. For example, if a 50% discount (off SRP) is proposed within a category, then the same percentage should apply to all types and models of equipment (including replacement models and services) available within that category (or minimally within that sub-category). The ability to add equipment and services at a pre-determined (discounted) price is for the convenience and benefit of the Customer. The intent of this option is to promote “one-stop shopping” for the customer and to facilitate normal growth within the industry. The Department reserves the right to prohibit the sale of any and all additional products and services outside the scope of this RFP. Abuse of this additional hardware, software, and services option to complete transactions for unauthorized commodities or services may be prosecuted under s. 858.22 F.S. or other applicable laws. 5.29. Installation and Environmental Requirements Prior to order acceptance, Successful Vendor must advise Customer of any and all specialized installation and environmental Customer site requirements for the delivery and installation of contract equipment. This information should include, but is not limited to the following: RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 67 Air conditioning; Electrical requirements; Special grounding; Cabling requirements; Space requirements; Humidity and temperature limits, and; Any other considerations critical to the installation. 5.30. Insurance requirements Within ten (10) calendar days after date of award on certification of contract document, contractor shall provide the Department with a certificate of insurance. During the contract term, the contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the contract, which, as a minimum, shall be: workers’ compensation and employer’s liability insurance per Florida statutory limits (currently $100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering all employees engaged in any contract work; commercial general liabil ity coverage on an occurrence basis in the minimum amount of $500,000 (defense cost shall be in excess of the limit of liability), naming the department as an additional insured; and automobile liability insurance covering all vehicles, owned or otherwise, used in the contract work, with minimum combined limits of $500,000, including hired and non-owned liability, and $5,000 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of the contract. The contract shall not limit the types of insurance contractor may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and obligations under the contract. All insurance policies shall be through insurers authorized to write policies in Florida. 5.31. Return of Product Any equipment delivered in poor condition, items delivered in excess of the amount authorized by the requisition form, or items not included on the requisition form or purchase order may, at the discretion of the Purchasers, will be returned to the Vendor at the Vendor’s expense within 30 days. Credit for returned goods shall be made immediately after Vendor receives returned goods. If any product is returned to a Vendor for Failure to Perform, the Vendor will, at the State’s discretion, refund all amounts paid to the Vendor for such product or replace the product, and the following shall apply: Within twenty (20) days of written notification by the Purchaser, the Vendor will make arrangements for the return of the product. The Vendor will bear all shipping and insurance costs. Vendor will be liable for damages to the product, unless caused by fault or negligence of the Purchaser that occur during the return process. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 68 5.32. Survivability Product placements made using the authority provided by this Contract will survive the Contract itself. Those Customers purchasing, or leasing the equipment will continue to receive ongoing service from the Successful Vendor at the agreed upon Contract rate through the term of their placement contract agreement. The Contract terms and conditions will survive the authorizing contract through that final term and any subsequent renewals and extensions. Those Customers purchasing equipment will receive ongoing service from the Successful Vendor at the agreed upon Contract rate until the expiration of the Lease/Service Contract. 5.33. End of Life State Agencies and other eligible users are required to take active measures to securely sanitize or destroy the hard drive of the device prior to release to contractor. Management of Equipment at end of life will be the responsibility of the Contractor. The end -of- life management program included in Respondent’s Response must include the following: A historic commitment to end-of-life management of Equipment after consumer use Parts reuse and materials recycling systems A packaging return system An equipment take-back program Hard drive buy-out option 5.34. Electrical Connections, Surge Protectors and Telephone Lines It is recommended that all purchased and leased machines are connected to an external surge protector to protect their telephone, network and electronic components; this is in addition to any internal surge protector. Customers are not required to obtain surge protectors from the equipment vendor as at the time of solicitation surge protectors are available via STC 250-000- 09-1. 5.35. Special Discounts/Promotions Respondents are requested to quote any special discounts or promotions offered for equipment whose end use is restricted (educational discounts etc.). Bidders should include full details on all required qualifications for the special discounts as well as the duration. 5.36. Quantity Discount Respondent may enter quantity discounts in the space provided in the price sheet or if space is insufficient, bidder may insert an additional tab listing such prices. 5.37. Trade-Ins The State reserves the right to offer used equipment in trade as part of the purchase price, in accordance with values in effect at the time the item is traded. Trade-in equipment is represented by the State “as is” and expresses no warranty as to its condition. In the event that no trade -in allowance is offered or the allowance has not been accepted, the State reserves the right to retain possession of the equipment at the option of the agency. Equipment for trade-in shall be picked up by the contractor at the point indicated in the agenc y’s purchase order and shall be removed at contractor’s expense. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 69 5.38. Environmental Performance Commitments and Past Record Vendors must demonstrate strong environmental performance records and operate responsibly socially and economically by providing a description of the following: Vendor’s environmental performance plan and goals, including an existing pollution prevention plan and environmental justice policy; and ISO 14001 certification or other environmental management systems or processes currently adopted and in operation. All machines are required to operate satisfactorily using Recycled Content Paper. 5.39. State Funds In accordance with Section 216.347, F.S., and as provided herein, the service provider or contractor may not expend any state funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any state agency. RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 70 SECTION 6 TECHNICAL SPECIFICATIONS 6.1. Definitions The definitions found in Rule 60A-1.001, F.A.C., and other sections of this solicitation shall apply to any contract resulting from this solicitation. (a). “Copier”: A walk-up unit whose sole function is to produce reproductions of documents placed on its glass plates; is not capable of performing faxing, print job or scanning to file functions. (b). "Copier-based MFP" means a machine whose base unit is a copier which has been enhanced to perform faxing, print job, scan to file functions, and can be networked. (c). "Printer" means a machine which is not capable of performing copying, faxing, or scanning functions; only produces printouts. (d). "Printer-based MFP" means a machine whose base unit is a printer which has been enhanced to perform scanning, faxing and copying functions. 6.2. Products The State of Florida is providing vendors with the opportunity to propose all available business class products which fall into the Categories listed below. Category 1: Copier-based MFPs (Monochrome, Hybrid; 8 ½ x 11 - 11x17) o Segment 2: 21-30 cpm o Segment 3: 31-40 cpm o Segment 4: 41-69 cpm Segment 4.1: 41-50 cpm Segment 4.2: 51-60 cpm Segment 4.3: 61-69 cpm o Segment 5: 70-90 cpm Segment 5.1: 70-80 cpm Segment 5.2: 81-90 cpm o Segment 6: 91 cpm and higher Segment 6.1: 91-100 cpm Segment 6.2: 101-110 cpm Segment 6.3: 111+ cpm Category 2: Printer-based MFPs (Monochrome, Hybrid; 8 ½ x 11 - 11x17 desired) with duty cycle (ppm) ranges of :) o Small Workgroup: 20,000 – 49,999 o Medium Workgroup: 50,000 – 99,999 o Large Workgroup: 100,000+ o Departmental Category 3: Printers (Monochrome, Color, Hybrid; 8 ½ x 11 - 11x17 desired) with duty cycle (ppm) ranges of: o Small Workgroup: 20,000 – 49,999 RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 71 o Medium Workgroup: 50,000 – 99,999 o Large Workgroup: 100,000+ Category 4: Workgroup and Network Sheet Fed Scanners (Monochrome, Color) o Desktop Workgroup: 16-30 ppm o Departmental: 31-50 ppm o Low-volume Production: 51-75 ppm o Mid-volume Production: 65-100 ppm o High-volume Production: 100 ppm and higher (Segments above are as listed within the BLI Buying Guide for Document Scanners) Category 5: Plain Paper Facsimile Machines o Low Volume: .5MB of memory (often upgradeable and 200 sheets or les s paper capacity (standard configuration) o Mid Volume: Memory ranging from .5MB to 1MB and 201-499 sheet paper capacity (standard configuration) o High Volume: Memory of 1MB+ and 500+ sheet paper capacity (standard configuration) 6.3. Acceptable Equipment Primary bids for the PURCHASE of the following shall be for new equipment only. multifunction products (MFPs), Printers Facsimile machines Scanners Primary bids for the LEASE of the following shall be for new equipment only. multifunction products (MFPs), printers, Workgroup and network sheet fed scanners, New equipment is defined as newly assembled equipment that is factory produced and has been assembled for the first time which contains new components that have been fully inspected, tested and fully meets product performance and reliability specifications. Equipment must be newly serialized and the state or its eligible customers must be the first user of the product and must have new equipment set of warranties. It is understood that the state will benefit from any equipment revisions, updates, additions, technical improvements, or necessary modifications in the units offered during the term of this contract at no additional cost. 6.4. Emissions Standards All Equipment shall meet, at a minimum, the following emissions standards: Devices do not emit ozone in excess of 0.02 mg/m3 Devices do not emit dust in excess of 0.25 mg/m3 Devices do not emit styrene in excess of 0.11 mg/m3 6.5. Associated Products and Services Submittal RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 72 Bidders may offer associated products for each item. Associated products shall be listed as outlined in bid price pages. Associated products shall be limited to attachments, options, additional features, supplies and software for each unit. The State reserves the right to accept or reject, at any time before or after award, any or all of the associated products at its discretion. The associated product submittal shall be offered at the same or better discount than offered for the basic item. The Respondent must submit with its bid the current suggested retail price list. As new price lists are issued introducing new accessories/attachments and price reductions, such price lists shall be submitted to the Contract administrator. All new items requested to be added to the associated product line during the contract or any extension period must be offered in accordance with the solicitation discounting format. Acceptance of any or all associated products for inclusion in the resulting State Term Contract shall be at the sole discretion of the State. 6.6. Specifications 6.6.1. General Requirements All parts (hardware and software) which are necessary for the unit to be complete and ready for operation, or which are normally furnished as standard equipment, shall be furnished by the successful bidder. Each unit shall be provided with all manufacturers’ start-up supplies required to be fully operational. Supplies shall not include plain paper. Supplies bid as part of the maintenance plan may be Original Equipment Manufacturer (OEM) supplies. Authorized users who opt-out of using a vendor’s submitted maintenance plan, and at their sole discretion in accordance with their purchasing guidelines, may purchase supplies from vendors other than State Term Contract vendors if in the best interest of the Customer. 6.6.2. Networking For Respondents offering network multi-functionality, the following applies: Respondents shall provide software support staff that shall coordinate with authorized user personnel in charge of the computer network to ensure proper integration of products within the customer’s office environment as well as answer questions and concerns of the equipment installed. Respondents are to provide a telephone number for service support for a minimum of 90 days after installation. Network installation and after installation network support is not part of this contract. Authorized users should plan network requirements and solicit additional costs for networking prior to selection of the machine. Equipment shall comply with all Customer network security requirements and shall provide network security kits as an available option or standard component. Equipment must comply with the security requirements specified in Rule 60DD-2, F.A.C. promulgated 2004, currently in transition to 71A-1 anticipated promulgation 2010. 6.6.3. Accessories RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 73 Respondents are encouraged to offer all available accessories for each piece of equipment offered on the bid response. All accessories shall be offered at the same discount level and shall carry the same warranty as the base equipment. 6.6.4. Security Specifications Overwrite/Encryption: All proposed equipment containing a hard drive must have as available options, HDD Overwrite and/or HDD Encryption capabilities. Data overwrite standards must US Department of Defense (DoD) standards for data overwrite. In addition, equipment must comply with the security requirements specified in Rule 60DD- 2, F.A.C. promulgated 2004, currently in transition to 71A-1 anticipated promulgation 2010. 6.6.5. Value Added Products and Services Added Value products and services offered by Respondents deemed to be in the best interest of the State by the Department shall become a part of any Contract resulting from this solicitation. THIS SPACE INTENTIONALLY LEFT BLANK RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 74 SECTION 7 ATTACHMENTS REQUIRED FORMS ATTACHMENT 1 Certification Table ATTACHMENT 2 Pricing Spreadsheets 2.1 Copier-Based MFP Pricing Spreadsheet 2.2 Copier-Based MFP Maintenance Pricing Spreadsheet 2.3 Printer-Based MFP Pricing Spreadsheet 2.4 Printer-Based MFP Maintenance Pricing Spreadsheet 2.5 Printer Pricing Spreadsheet 2.6 Printer Maintenance Pricing Spreadsheet 2.7 Sheet Fed Scanner Pricing Spreadsheet 2.8 Facsimile Specifications And Pricing Spreadsheet 2.9 CoTerm Lease Rates ATTACHMENT 3 Response Authorization Form ATTACHMENT 4 Service Level Agreements ATTACHMENT 5 Savings / Price Reduction Form ATTACHMENT 6 Vendor Responsibility Questionnaire ATTACHMENT 7 References ATTACHMENT 8 Contact Information ATTACHMENT 9 Ordering Instructions ATTACHMENT 10 Authorized Dealers ATTACHMENT 11 Emergency Situations Contact ATTACHMENT 12 Certification of Drug-Free Workplace Program ATTACHMENT 13 Punch-out Capability Questionnaire ATTACHMENT 14 Questions for Vendors Note: Some of the Attachments require signatures. Please submit these as PDF files after being signed. REFERENCE DOCUMENTS & SAMPLE FORMS INSTRUCTIONS TO VENDORS VENDOR CHECKLIST STATE OF FLORIDA VENDOR CODES RFP 20-600-000-Q Multifunction Products, Printers, Facsimile Equipment, Scanners, Related Software, Supplies, and Services 75 MYFLORIDAMARKETPLACE (MFMP) ELECTRONIC INVOICING REQUIREMENTS STATE TERM CONTRACT QUARTERLY REPORT FORM SAMPLE ARAVO TEMPLATE THIS SPACE INTENTIONALLY LEFT BLANK EXHIBIT "8" City of Palm Beach Gardens Agreeme nt No . L20 13-0031T Lease of Multifu nctional Printers and Copiers Proposal for City of Palm Beach Gardens Prepared by Janette Pacheco Phone: (954)514-4979 Email: janette.pacheco@xerox.com Date: 06/25/2013 Pricing Expiration Date: 07/25/2013 © 2013 Xerox Corporation. Xerox and all Xerox products mentioned in this publication are trademarks of Xerox Corporation. All non-Xerox trademarks and copyrights remain the property of their owners. The contents of this proposal are considered to be Xerox private data and are provided for the exclusive use of a designated customer. The contents herein may not be reproduced without the specific written permission of Xerox Corporation. This proposal is for informational purposes only and does not constitute a contract or an offer to con tract. Should you find this proposal of interest, we would be pleased to submit contract terms. Proposal for City of Palm Beach Gardens About This Proposal 06/26/2013 Mr. KM! RA Mr. Chuck Miserendino City of Palm Beach Gardens Dear Mr. KM! RA and Mr. Chuck Miserendino: Xerox is pleased to present this proposal to the City of Palm Beach Gardens in ord er to maximize productivity of the print environment in your organization. The following analysis and recommendations represent the joint efforts of both Xer ox and your IT director, Mr. Miserendino. We are confident that the solution described within this proposal will best meet business goals and objectives. Based on our analysis, Xerox recommends:, WC7835,WC7775 This solution will deliver superior benefits in several key areas: • • Simplicity in platform; devices with same LCD screens • Security in devices; all devices are OCC compliant; hard drive override Standard. Connect key devices offer MacAfee and Cisco Trust Sec • Productivity; efficient and cost effective ways using State of Florida Contract as a contract vehicle After reviewing this document, I trust that you will give us the opportunity to serve your people who serve your community. If there are any questions or you need additional information, please call me at 954 -514- 4979, or contact me by e-mail janette.pachecp@xerox.com. I look forward to working with you and your staff. Sincerely, Janette Pacheco Service and Solutions Executive Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 3 Table of Contents Customer Analysis ................................................................................................................ 4 The Xerox Solution ............................................................................................................... 5 Financial Analysis ................................................................................................................. 6 Product Information ............................................................................................................ 7 Product Overview: Xerox® ConnectKey™ Share to Cloud ............................................... 7 Product Overview: Xerox Scan to PC Desktop Professional Workgroup Edition 11 ....... 9 Product Overview. WorkCentre® 7830/7835/7845/7855 ................................................. 10 Product Overview: WorkCentre® 7755/7765/7775 ......................................................... 12 Why Xerox? ........................................................................................................................ 14 Benefits of Working with Xerox ...................................................................................... 14 Pricing ................................................................................................................................. 16 Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 4 Customer Analysis We appreciate the time and resources City of Palm Beach Gardens has made available to us in order to study your operations. The information contained in this section was gathered during on-site visits or in the course of meetings with you and your staff. Current State Assessment Our investigation identified the following: <<RICOH 2050>> <<RICOH 4000>> <<RICOH 6500>> Customer Requirements Below we have summarized the business requirements specified by City of Palm Beach Gardens: <<Xerox WC 7835>> <<Xerox WC 7775>> Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 5 The Xerox Solution Proposed State Assessment To address the opportunities that we have identified, Xerox is proposing the following solution. We are confident that implementing this solution will enable City of Palm Beach Gardens to achieve its document production requirements and deliver its overall business objectives. Items Configuration 1. W7835P (W7835P PRNTR 3TRAY) (6) - 1 Line Fax - Analyst Services 2. WC7775P (WORKCENTRE 7775) - Embedded Fax-1 Line - Offset Catch tray Kit - Network Scanning Kit - Analyst Services Benefits to City of Palm Beach Gardens The proposed Xerox solution will provide the following significant benefits: <<SECURITY>> <<COST CONTROL>> <<PRODUCTIVITY>> Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 6 Financial Analysis Solution Summary Proposed Xerox Solution 1. W7835P (W7835P PRNTR 3TRAY) (6) 2. WC7775P (WORKCENTRE 7775) Proposed Monthly Pricing Product Payment Maintenance Payment Monthly Volume Meter Charges Total Xerox Solution $1,450.34 Included 0 $0.00 $1,450.34 Financial Considerations All information in the proposal is considered confidential and is for the sole use of City of Palm Beach Gardens. This pricing is based upon a 36 month Fixed Purchase Option Lease utilizing your negotiated contract: 072533100. Consumable supplies are included for all prints. Paper and staples are extra. Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 7 Product Information Product Overview: Xerox® ConnectKey™ Share to Cloud ConnectKey Share to Cloud provides organizations with powerful document scanning capabilities that connect Xerox Extensible Interface Platform (EIP)-enabled multi- function printers (MFPs) to popular cloud-based services and applications, including: Google Docs Google Drive Evernote SalesForce.com Office 365 SharePoint Online Dropbox Email (via SMTP) Share to Cloud will also enable document conversion of scanned documents to Microsoft Word, Excel, and editable .PDF if desired. Since the solution is hosted in the cloud, there is no need for City of Palm Beach Gardens to invest either in server hardware to host it or IT support to maintain and/or upgrade it. With Share to Cloud, your organization can realize cloud services advantages: mobile access to your most important documents, improved productivity, increased collaboration, and reduced burden on your IT staff and budget. Product Highlights Connectivity to the Cloud Enables users to scan paper documents directly to email or public cloud services Connects to the most popular cloud services Gives employees “anytime-anywhere” access to their most important documents using mobile devices Allows navigating the file structure of the cloud repository for simple storage and retrieval of scanned files Document Conversion Converts scanned documents into fully editable word processing documents, spreadsheets, and searchable PDF documents Provides automated file splitting and quota notifications to ensure that files reach their desired destination Performs OCR in the cloud, eliminating the need to install additional server technology Reduce Administration and IT Burden “Serverless” deployment with no software to install on the MFP Intuitive user interface at the Xerox MFP control panel reduces the need for user training ConnectKey Security Capture. Convert. Share Anywhere. Value Propositions End User / Decision Maker Provides capability to capture hard copy documents to popular cloud services plus the capability for document conversion into editable formats Provides just what is needed to scan and store documents at an easily affordable price IT Support Providers Provides a cloud solution that is easy to set up, maintain, and secure while limiting hardware costs Requires no installation of additional software Provides a customer installable application that does not require analyst support and is always up -to- date Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 8 Leverages user credentials from the MFP device login, whether using network credentials, PIN codes, or ID cards Encrypts all data communications between the MFP and cloud services using SSL technology to offer complete security and peace of mind Workflow The diagram below illustrates the ConnectKey Share to Cloud workflow and feature set. ConnectKey Share to Cloud Workflow Transform paper into editable information in the Cloud using a simple, straightforward workflow! Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 9 Product Overview: Xerox Scan to PC Desktop Professional Workgroup Edition 11 The Scan to PC Desktop Professional Workgroup Edition 11 solution bridges the gap between paper documents, PDF files, and Microsoft Office files. Xerox Scan to PC Desktop Professional is a PC- and server-based software solution that seamlessly integrates with Xerox multifunction printers (MFPs). It provides comprehensive document imaging, archiving, editing, organization, and PDF workflow for workgroups. Xerox Scan to PC Desktop Professional includes the following Nuance components: PaperPort Professional is a productive and cost-effective way for workgroups to organize, find, and share paper and PDF documents. PaperPort Professional combines the efficiency of document management, the convenience of network scanning, and the power of PDF document creation and assembly into a powerful, easy to use application. OmniPage Professional precisely converts documents and forms into PC applications—including PDF. Superior accuracy and formatting combine with advanced workflow technology to automa te all document conversion needs. OmniPage Professional provides the tools that an organization needs to convert, edit, archive, and share all paper and PDF documents. PDF Converter Professional is a complete PDF solution for business users because it provides: Speed and simplicity. Powerful productivity features such as PDF conversion (includes c reating PDF 1.7 and ISO supported PDF/A), XPS file creation, and form filling capabilities. Users can edit PDF files in Microsoft Word or Excel and instantly convert PDF forms to fillable PDF forms. Bates Stamping, markup, commenting, and advanced security features. The ability to redact documents for permanent removal of sensitive data from PDF files. Image Retriever Professional provides fully automated retrieval of scanned images direct from the Xerox MFP back to individual desktops. PaperPort Personal Scanning Platform (PSP) Server Module 2 provides an easy way for individual users to personalize Xerox Extensible Interface Platform (EIP)- enabled MFPs to display personal PaperPort desktop folders, OmniPage workflows, and scan settings on the MFP user interface. Value Proposition Simple automated delivery of scanned images to the user desktop with Image Retriever Professional PDF is the native file format for the Xerox Scan to Desktop Professional solution— proprietary file formats are eliminated. Assembly of scanned and digital documents of various file formats into a single PDF document Security and control of PDF documents Digital archiving to fully text searchable PDF Convert paper documents into fully editable files such as Microsoft Word or Excel documents or fillable PDF forms Manage scanned and digital files at the desktop by using PaperPort Professional 11 Scanned image file cleanup and correction Personalization of Xerox EIP-enabled MFP scanning menus directly from the desktop with PaperPort PSP Five Key Benefits Save time at the Xerox MFP with personalized scanning Route documents anywhere with the push of a button Easily create and assemble PDF documents Communicate clearly and precisely with edited PDF files Convert paper and PDF into editable documents Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 10 Product Overview. WorkCentre® 7830/7835/7845/7855 The WorkCentre 7830/7835/7845/7855 (WorkCentre 7800 Series) are high performance color multifunction printers (MFPs). Powered by ConnectKey® controller technology, these products provide simplicity to get your work done with security, productivity, convenience, and cost control—along with excellent print quality and concern for the environment. The MFP is not just a printing device, but also an integral part of your information workflow. The WorkCentre 7800 series provides productivity and cost saving features such as Scanning, Fax Server, Hard Disk Security, Standard Accounting, Job Based Accounting, Color by Words, True Adobe Postscript, and Scan to and Print from USB. The added EFI network server option provides an excellent solution to those power office users that require color management capability in an office color MFP. Product Highlights Security McAfee® Whitelisting technology: Ensures only safe, pre-approved files or functions are executed on your devices, minimizing the need to manually update software levels against new security threats Protection from potential outside threats: ConnectKey MFPs include McAfee technology integration. Seamless integration with the Xerox MPS toolset and McAfee ePolicy (ePO) allows easy tracking and monitoring. Automatic Cisco® TrustSec Identity Services Engine (ISE) integration: Provides comprehensive visibility of all ConnectKey MFPs’ endpoints to enforce IT-centric security policies and compliance Safeguard sensitive data: With encrypted PDF files for scanning; hard drive encryption, compliant with the 256-bit AES FIPS 140-2 standard; and Image Overwrite with a 3-pass scrub process to ensure total deletion of all data fragments Prevent unauthorized access: Permit only authorized users to access the device with Xerox user permissions, network authentication, IP filtering, and smart card, role-based, and function-level login. Manage threats proactively: As new threats emerge, Xerox proactively monitors security clearinghouses for new vulnerabilities and provides patches when necessary, ensuring equipment stays current and your data is kept safe. In addition, you can receive timely updates via RSS feeds and stay informed. via www.xerox.com/security. Comply with the latest security standards: Includes Common Criteria, HIPAA, Data Protection Act, and COBIT Prevent IP theft and ensure non-repudiation: Total visibility into the device and network with Audit Log provides security policy management and tracking of all activity on the device. Administrators can know who accessed what —and when. Productivity Common User Interface (UI): All ConnectKey multifunction printers use the same intuitive interface that provides large touch points and easy menus. Unified Address Book: Spend less time looking for contacts with an enhanced address book that stores all e-mail, fax, and scan information in a single contact. Simplify workflows with “favorites” that highlight common destinations. Value Proposition WorkCentre 7800 Series is a part of the ConnectKey software platform that encompasses four key value planks of Security, Productivity, Convenience, and Cost Control. Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 11 Remote Control Panel: Operate the control panel remotely and securely from any office PC as though you were standing at the device. This makes it easier and more convenient to troubleshoot and to train users. It also allows IT staff to monitor real-time performance and available resources remotely for greater uptime. Customize your workflows: Extensible Interface Platform® (EIP) technology allows creation of applications to run on ConnectKey MFPs without the need for additional IT infrastructure. This allows you to simplify and personalize the usability of your device with a range of capabilities from support applications to scanning. Onboard scanning solutions come standard, and require no extra software or middleware: Single Touch Scan; on-box Optical Character Recognition with searchable PDF creation; secure PDF; print from and scan to USB device; Scan to E-mail, Mailbox, and Network. In addition, single pass scanning simultaneously scans both sides of two-sided documents, while high compression technology reduces file sizes. Smart scan productivity: Scan and create multiple, single-page PDFs that can be distributed to different repositories for large, transactional processing. Also, create a multi-page, single PDF for easier storing and e -mailing of documents. Truly universal print driver: Provides a consistent, easy-to-use interface for end users, reducing the number of support calls and simplifying p rint services management. Quick, easy, step-by-step troubleshooting assistance: Embedded help videos right on the user interface Convenience Xerox® Mobile Print and Xerox® Mobile Print Cloud® (options): An easy-to- use app or e-mail submission enables secure, accurate printing from most mobile devices (including Apple iOS and Android devices) to the WorkCentre 7800 Series. Single touch scanning: Use the Single Touch Scan feature to create a dedicated, easy-to-locate scan button directly on the color touch screen interface. Assign the Single Touch Scan button its own scanning workflow for fast document distribution and archiving. Xerox® ConnectKey™ for SharePoint®: Scan files directly into Ms® SharePoint® and other Windows® folders. Xerox® ConnectKey™ Share to Cloud: Cloud-based scanning solution provides easy, secure, scalable scanning to popular cloud -based repositories such as Google Docs, SalesForce.com, Office 365, and Dropbox™ Xerox PrintBack: When working offsite, use PrintBack with your iPhone, iPad , or Android-based mobile device to print documents back at your office. Optional Wi-Fi connectivity: Administrators can connect the WorkCentre 7800 series devices anywhere, without the need for network cabling. Cost Control Control User Pemissions: Available options such as color printing can be specified by users, groups, time of day, and application. You can also distinguish between what capabilities are available for walk-up users. Card Access/Authentication: The WorkCentre 7800 Series can be upgraded with optional ConnectKey Solutions to deliver even greater cost control capabilities. They support over 85 card types that enable users to log into the device using a proximity card, student ID, or security card, providing a secure method of authentication, tracking usage, and billing. Cisco® EnergyWise: Lets users control, manage, and report the device’s power consumption information, and set optimal power states and timeout intervals that result in significant cost savings Manage, track, and report device usage: Use Xerox® Standard Accounting tools to control print quantities and charge-back options. Environmental Features EA Toner provides energy savings and brilliant glossy output even on ordinary paper. Induction Heating fuser helps reduce power consumption in standby mode by 44% compared to a resistance heating device Device recovers from sleep mode in less than 10 seconds Scanner uses LED lighting that consumes 1/3 of the power of traditional scanners Cisco EnergyWise lets users control, manage, and report the device’s power consumption information, and set optimal power states and timeout intervals. Earth Smart feature allows users to choose the most environmentally sensitive options for print jobs Print Quality Advanced Hi-Q LED technology. Helps create professional-looking documents at the touch of a button. 1200 x 2400 dpi. Produces photo quality color images and rich, crisp text Outstanding image registration. Ensured by Advanced print heads with Digital Image Registration Control Print brilliant images. On a variety of stock as large as 12.6 x 19 in. and on paper weights up to 300 gsm EFI Fiery® Network Server. Provides easy-to-use color management tools, enhanced productivity and security features, and flexible workflow tools Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 12 Product Overview: WorkCentre® 7755/7765/7775 The WorkCentre 7755/7765/7775 is an advanced multifunction system that is exceptionally efficient, extra secure, and extremely easy to use for office users, small- and medium-sized (SMB) businesses, enterprises, and vertical markets. Product Highlights Increase productivity Print speeds of up to 75 ppm black and white and 50 ppm color : Enables office productivity SMART Controller with Gigabit Ethernet: Enables concurrent tasks on the device; multiple users can simultaneously perform different tasks. Fast scanning up to 80 ppm (50 ppm color): Swiftly scan, retrieve, electronically store, and distribute documents Wide range of finishing options: Short production runs can be efficiently handled in-house, saving time and money. Long-life Customer Replaceable Units and ‘Load-while-run’ capability: Reduce machine down time Easy to manage and use Xerox CentreWare Web: Installs, configures, manages, monitors, and reports on all networked printers and multifunction systems (regardless of manufacture)r; CentreWare Internet Services: Embedded web server – Allows monitoring and configuring all aspects of the device Simplified driver management Integrates easily: Third party workflow applications extend and fine-tune capabilities such as accounting and document management Xerox Smart Kit™ technology: Monitors easy-to-change critical components of the WorkCentre device to predict and prevent downtime. Large, intuitive touch screen: Puts 90% of commonly used features on the first screen; Xerox Extensible Interface Platform (EIP) enables personalized solutions accessible from the touch screen Workflows that make work easy Extensive scanning capabilities: Scan to e-mail, home, file, network server, mailbox, and directory Standard OCR: Supports scan to searchable PDF for archiving Improve scan export compression (MRC, JBIG2): Provides faster transmission speed and reduces network load FreeFlow Scan to PC desktop: Archiving and retrieval, editing, OCR for archiving and document conversion Multiple fax options: Offers Walk-up Fax, Internet Fax, Network Fax Server and LAN Fax Easy to track and control Foreign Interface Device: Tracks and controls copies and prints using third party interface Network Accounting /Job Based Accounting: Tracks and controls copies, prints and scans; uses third party integrated application Xerox Standard Accounting: Remotely tracks and controls copies, prints, scans and faxes; controls access to color by feature Audit Log tracks device usage Security WorkCentre 7755/7765/7775 Advantages Exceptionally Efficient SMART Controller Performance that increases productivity at up to 75 ppm Flexible finishing options to meet your requirements Next Generation User Interface Standard OCR Extremely Easy Easy to manage and use Easy workflows Easy to track and control Extra Secure IPv6 logo ready Secure Print Hard disk overwrite Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 13 Documents: Secure PDF to restrict access to sensitive documents; secure print allows printing only with correct password; image overwrite encrypts and removes files on system hard disk System: Embedded Fax isolates fax system from other network functions; Secure access enables system access via magnetic or proximity card (optional); Network Authentication restricts access to system functions Networks: 802.1x support to ensure devices connected to network are authorized; IP Address Restrictions supports IPv4 and IPv6 Color: in-house and under control True high resolution: 2400 x 2400 dpi output resolution gives documents unmatched clarity and quality. Emulsion Aggregate High-Grade toner and Trickle Charge Development: Delivers a professional finish on documents where impact is key Only pay for color on pages that use color: Makes it cost-effective to print jobs with mixed color and black and white documents. Control access to manage cost: Allocate color-page limits by user, by department Optional EFI® Fiery® Bustled Controller: Easy to program, monitor, and manage workflows; color-management tools enable precise color from all applications, platforms, and formats; precise color matching tools ensure total color quality control in the printing workflows of graphic arts professionals. Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 14 Why Xerox? Benefits of Working with Xerox Our vision is to help people find better ways to do great work by constantly leading in document technologies, products, and services that improve our customers' work processes and business results. A Great Customer Experience You want sales and service teams who will approach your account with respect for your unique needs and who will focus on your critical bottom-line business results. We offer a superior customer experience, with online account management, and with knowledgeable support professionals who offer both on-call and on-site support. Our people, processes, and technology can help you reduce your expenditures, maximize your use of the latest technologies, ensure effective work processes, and provide leadership to ensure your business successes. Cost Savings Our customers get a fresh look at the way they do business and benefit from customer solutions that make them more efficient, cost-effective, and secure. Because Xerox can help you re-engineer business processes, redesign documents, and deliver information more effectively, you cannot only improve the way they work but also maximize what you already have invested in information technology. A customized solution for City of Palm Beach Gardens will include what we call Smarter Document ManagementSM, which will help you significantly reduce cycle time and waste, eliminate non value-added workflows, reduce re-work and process defects, and simplify document-intensive business processes. As our customer, you can achieve breakthrough advantages from the application of our Lean Six Sigma improvement process, which together directs us to establish what counts, measure what matters, and deliver and sustain results. Total Satisfaction Guarantee and Green Products We offer every customer a total satisfaction guarantee for all equipment. Our products are designed and manufactured to optimize resource utilization and minimize environmental impact. Security Strategies and Secure Devices City of Palm Beach Gardens may be facing a growing number of security concerns, especially through unprotected document systems. We can help you arm yourselves with products and services to protect, manage, and distribute information. Additionally, we design our products to support standards set forth in the Health Insurance Portability and Accountability Act (HIP AA), Sarbanes-Oxley, Gramm-Leach-Bliley Act, and FDA 21 CFR Part 11. Award-winning customer service, whether online, on call, or on-site Savings of up to 30% of your document costs, and other measurable results from our business assessment tools Satisfaction-guaranteed, waste- free products created in waste-free facilities Protection for your technology, your documents, and your intellectual property Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 15 State of the Art Technologies Xerox is a renowned pioneer in many fields of research and advanced product development. As one of the world’s top technology innovators, our scientists and developers are focusing on the latest research and development in color science, computing, digital imaging, work practices, electro-mechanical systems, novel materials, and other disciplines connected to our expertise in printing and document management. Our many innovations stem from our many research labs—innovations that have changed how people do their work. In addition, we develop our product portfolio with a vision of coherence, which means providing products that can integrate seamlessly into your evolving enterprise and can operate consistently with each other and with other vendors’ products. We conduct extensive market research and will work closely with you to understand your coherence - related requirements. Outsourcing Expertise As our customer, you will benefit from our years of experience in outsourcing business needs. All of our services are provided by experienced, skilled staff, which may include City of Palm Beach Gardens employees, who will be trained by Xerox to ensure that performance measures for quality and consistency are met. We take proactive measures to minimize the uncertainties that employees may have during transition for outsourcing contracts, with fair and equitable transfer of your personnel. We use a benchmark process for introducing new employees to Xerox and provide all necessary training for effective performance. Environmental Sustainability At Xerox, sustainability is our way of doing business. We have aligned our goals for the environment to make an impact on our value chain worldwide. Together with our suppliers, customers, and stakeholders we strive to maintain the highest standards to preserve our environment. Our focus areas include the following: reduce energy use to protect our climate, preserve biodiversity and the world ’s forests, preserve clean air and water, and prevent and manage waste. Industry Leadership Our leadership position in the document development and management industry enables us to offer the best document production technology available on the market today. To further Xerox’s technological prowess, we have expanded our pro duct offerings by capitalizing on the technological strengths of our Premier Partners. Xerox has more than 800 partners worldwide, who we may invite to participate in creating a customer solution for you, as well as providing required service and support for any business solutions we recommend. With Xerox, you get faster and smarter ways to manage documents across your enterprise and around the world. We look forward to helping you solve your business problems. Award-winning and innovative products that have changed how people do work Over 50 years of expertise in outsourcing services Access to additional industry benchmark resources Sustainability can no longer be viewed as a cost of doing business, but as a way of doing business. Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 16 Pricing Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 17 Proposal for City of Palm Beach Gardens Xerox Confidential June 25, 2013 18 Attest: CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, reading on grade level is of vital concern to the wellbeing of our children and to their future productivity as adults and in maintaining the quality of life in Palm Beach Gardens; and WHEREAS, the Literacy Coalition and Children's Services Council are involving our community and county in the national Campaign for Grade Level Reading; and WHEREAS, the Campaign for Grade Level Reading focuses our community on the importance of getting children prepared to enter school ready to learn as well as continuing to learn during the summer months; and WHEREAS, the Literacy Coalition and Children's Services Council are asking schools and parents to work with them to reduce chronic absenteeism through the "You have to be present to win" effort; and WHEREAS, the City of Palm Beach Gardens commits to participate actively in the Literacy Coalition's Read for the Record Campaign reading Otis, by Loren Long, in childcare centers and schools throughout the city on October 3, NOW, THEREFORE, I, Robert G. Premuroso, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim October as: READING AND LITERACY MONTH in the City of Palm Beach Gardens and urge all citizens in acquiring services or information regarding literacy to contact the Palm Beach County:Literacy Coalition. 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 3rd day of October in the year Two Thousand and Thirteen. Mayor Robert G. Premuroso Patricia Snider, City Clerk, CMC TO: DATE: CITY OF PALM BEACH GARDENS MEMORANDUM Mayor & City Council September 26, 2013 ------------- FROM: Natalie Crowley, Director of Planning and THROUGH: Ronald Ferris, City Manage SUBJECT: Ordinance 16, 2013 CC: Patricia Snider, City Clerk Max Lohman, City Attorney At the September 10, 2013 City Council meeting, Council voted to continue Ordinance 16, 2013 to a date certain of October 3, 2013. Based on Council discussion during this meeting, language has been revised to reflect the following: (proposed new language underlined) Policy 6.1.4.5.: To ensure protection of environmentally sensitive areas and listed species, the City shall implement the following criteria either in combination or singly for any proposed alteration of lands designated as environmentally significant pursuant to Comprehensive Plan Policy 6.1.4.3. §. The City shall provide for relief from the requirements of this policy for publicly owned lands upon which environmentally significant lands and/or listed species are located through the Land Development Regulations. Any such regulations shall establish criteria that the proposed public development must meet in order to qualify for relief from this policy. A City-initiated text amendment to the Land Development Regulations will be processed concurrently with the subject Comprehensive Plan amendment which establishes the specific criteria in which the relief can be granted for publicly owned planned developments. Please refer to Ordinance 19, 2013 for additional detail. Should you have any questions regarding this, please do not hesitate to contact me. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 10, 2013 Ordinance 16, 2013 Subject/Agenda Item: CPTA-13-07-000026-City-Initiated Comprehensive Plan Text Amendment First Reading and Public Hearing: A City-initiated text amendment to the Comprehensive Plan, Conservation Element, Policy 6.1.4.5, which will exempt all publicly owned lands from the requirement to preserve 25% of native upland plant communities. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Dire tdr of Planning & Zan g~ Development Compliance [ ] Quasi -Judicial [X] Legislative [X] Public Hearing Advertised: [X] Required [ ] Not Required Paper: Palm Beach Post 1--A-,-p_p_r_ov_e_d.,....,B=--y-:----,--------j Date: 08/25/2013 Affected parties: [X] Notified [ ] Not Required Finance: Accountant N/A Tresha Thomas 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: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: Ordinance 16, 2013 EXECUTIVE SUMMARY Meeting Date: September 10, 2013 Ordinance 16, 2013 Page 2 of 3 A City-initiated request to amend the City of Palm Beach Gardens Comprehensive Plan, Conservation Element, Policy 6.1.4.5 which requires a minimum 25% set aside for native upland plant communities, in order to exempt all publicly owned lands from such requirement. Owners of public lands may still provide for the 25% set aside if the entity determines that it is desirable to do so. Conservation Element (For purposes of brevity, only those sections proposed to be modified are shown below. Proposed language is underlined and language to be delete is stricken. [Staff comments below are shown in bold].) Policy 6.1.4.5.: To ensure protection of environmentally sensitive areas and listed species, the City shall implement the following criteria either in combination or singly for any proposed alteration of lands designated as environmentally significant pursuant to Comprehensive Plan Policy 6.1.4.3. 6. All publicly owned lands are exempt from this policy. ******************************************** DATA AND ANALYSIS In the Conservation Element of the Comprehensive Plan for the City of Palm Beach Gardens, Goal 6.1.1 establishes that natural resources in the City shall be preserved, managed, or restored to ensure their sustainability, high quality, and critical value as an enhancement to the quality of life in the City. When development applications or proposals are submitted to the City for review through the Development Review Committee (DRC) process, Policy 6.1.4.3 of the Comprehensive Plan cites the list of environmentally sensitive lands which are to be included in natural areas that may be within the project boundaries. Policy 6.1.4.5(3) requires that a minimum of 25% of the total native upland habitat of plant communities on site be set aside and preserved. A review of the Land Development Regulations for the City of Palm Beach Gardens reveals multiple references and citations for the application and implementation of the goals, objectives, and policies within the Comprehensive Plan. However, while the preserve area requirement cannot specifically be waived and/or publicly held lands are not exempt, there may be other options available that will allow compliance with the Code and still meet or exceed this standard of development. The proposed text amendment will exempt land owned by the City or other government entities from the upland preservation requirement. Meeting Date: September 10, 2013 Ordinance 16, 2013 Page 3 of 3 NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS: On July 22, 2013, the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) was notified of the proposed amendment. No objections have been received to date. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On August 13, 2013, the PZAB recommended approval of the text amendment by a vote of 7 to 0. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 16, 2013 as presented on first reading. 1 ORDI~ANCE 16, 2013 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA ADOPTING A TEXT AMENDMENT 6 TO ITS COMPREHENSIVE LAND USE PLAN IN ACCORDANCE 7 WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA 8 STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., 9 FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED 10 AMENDMENT TO THE CONSERVATION ELEMENT POLICY 6.1.4.5 11 TO PROVIDE AN EXEMPTION FOR ALL PUBLICLY OWNED 12 LANDS; PROVIDING FOR COMPLIANCE WITH ALL 13 REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; 14 PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT 15 OF ECONOMIC OPPORTUNITY (DEO); PROVIDING A CONFLICTS 16 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO 17 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 18 PURPOSES. 19 20 21 WHEREAS, the City Council has initiated a text amendment to the 22 Comprehensive Land Use Plan of the City of Palm Beach Gardens, as more specifically 23 described in Exhibit "A", attached hereto and incorporated herein; and 24 25 WHEREAS, on August 13, 2013, the Planning, Zoning, and Appeals Board, 26 sitting as the duly constituted Local Planning Agency for the City, recommended 27 approval of a text amendment to the Comprehensive Plan of the City; and 28 29 WHEREAS, the City Council finds that the subject amendment is consistent with 30 the City's Comprehensive Plan and that the subject amendment is consistent with 31 Section 163.3184, Florida Statutes; and 32 33 WHEREAS, the City Council acknowledges that this amendment is subject to the 34 provisions of Section 163.3184, Florida Statutes, and that the City shall maintain 35 compliance with all provisions thereof; and 36 37 WHEREAS, the City has received public input and participation through public 38 hearings before the Local Planning Agency and the City Council in accordance with 39 Section 163.3181, Florida Statutes; and 40 41 WHEREAS, the City Council deems approval of this Ordinance to be in the best 42 interests of the health, safety, and welfare of the residents and citizens of the City of 43 Palm Beach Gardens and the public at large. 44 45 46 Page 1 of 3 Ordinance 16, 2013 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The City's Comprehensive Plan is hereby amended, as set forth in 7 Exhibit "A", which is attached hereto and incorporated herein. 8 9 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 10 hereby repealed. 11 12 SECTION 4. Should any section or provision of this Ordinance or any portion 13 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 14 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 15 16 SECTION 5. The City's Director of Planning and Zoning is hereby directed to 17 transmit the proposed Comprehensive Plan Amendment to the Department of Economic 18 Opportunity (DEO) of the State of Florida and other appropriate public agencies, and 19 upon adoption of this Ordinance is further directed to ensure that this Ordinance and all 20 other necessary documents are forwarded to the DEO and other agencies in accordance 21 with Section 163.3184, Florida Statutes. 22 23 SECTION 6. The effective date of this plan amendment shall be 31 days after 24 adoption in accordance with Section 163.3184, Florida Statutes, whichever is 25 applicable. No development orders, development permits, or land uses dependent on 26 this amendment may be issued before it has become effective. 27 28 29 30 (The remainder of this page intentionally left blank) 31 32 33 34 35 36 37 38 39 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 Ordinance 16, 2013 PASSED this __ day of _______ , 2013, upon first reading. PASSED AND ADOPTED this __ day of ______ , 2013, upon second and final reading. CITY OF PALM BEACH GARDENS BY: --------------Robert G. Premuroso, Mayor Eric Jablin, Vice Mayor Joseph R. Russo, Councilmember Marcie Tinsley, Councilmember David Levy, Councilmember ATTEST: BY: --------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ---------------R. Max Lohman, City Attorney AGAINST ABSENT G:\attorney_share\ORDINANCES\2013\0rdinance 16 2013-Comp Plan amendment-9-18-13.docx Page 3 of 3 Ordinance 16, 2013 EXHIBIT "A" Conservation Element (For purposes of brevity, only those sections proposed to be modified are shown below. Proposed language is underlined and language to be deleted is stricken. [Staff comments below are shown in bold].) ****** Policy 6.1.4.5.: To ensure protection of environmentally sensitive areas and listed species, the City shall implement the following criteria either in combination or singly for any proposed alteration of lands designated as environmentally significant pursuant to Comprehensive Plan Policy 6.1.4.3. §. The City shall provide for relief from the requirements of this policy for publicly owned lands upon which environmentally significant lands and/or listed species are located through the Land Development Regulations. Any such regulations shall establish criteria that the proposed public development must meet in order to qualify for relief from this policy. CONSERVATION ELEMENT Definitions: LISTED SPECIES -Those species designated as endangered, threatened, or of special concern PROTECTED-Refers to official federal, state, or internationally treaty lists which provide legal protection for rare and endangered species THREATENED SPECIES -Species that are likely to become endangered in the state within the foreseeable future if current trends continue. This category includes: (1) species in which most or all populations are decreasing because of over-exploitation, habitat loss, or other factors; (2) species whose populations have already been heavily depleted by deleterious conditions and which, while not actually endangered, are nevertheless in a critical state; and (3) species which may still be relatively abundant but are being subjected to serious adverse pressures throughout their range. ECOSYSTEM-An assemblage of living organisms (plants, animals, microorganisms, etc.) and nonliving components (soils, water, air, etc.) that function as a dynamic whole through organized energy flows. ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN (referred to as listed species)-Plant and animal species listed as endangered, threatened, or of special concern by one or more of the following agencies: 1. U.S. Fish and Wildlife Service 2. Florida Game and Fresh Water Fish Commission 3. Florida Committee on Rare and Endangered Plants and Animals 4. Florida Department of Agriculture 5. Treasure Coast Regional Planning Council Goals, Objectives and Policies GOAL 6.1.: PRESERVE, MANAGE, OR RESTORE THE NATURAL RESOURCES IN THE CITY TO ENSURE THEIR SUSTAINABILITY, HIGH QUALITY, AND CRITICAL VALUE TO THE QUALITY OF LIFE IN THE CITY OF PALM BEACH GARDENS. Objective 6.1.1.: Maintain development regulations to manage surface and sub-surface water resources in a manner which ensures their viability as natural habitats and utility for recreational and potable water uses. Furthermore, the regulations shall protect and maintain the quality and quantity of waters that flow into estuarine waters in the City. CONSERVATION 6-1 Policy 6.1.1.1.: The City shall continue to maintain drainage regulations to ensure best management practices are required. Policy 6.1.1.2.: The City shall continue to maintain land development regulations to ensure that: a. Site plans for new development identify the location and extent of wetlands located on the property; b. Site plans provide measures to assure that normal flows and quality of water will be provided to maintain wetlands after development; c. Where alteration of wetlands is necessary in order to allow reasonable use of property, either the restoration of disturbed wetlands will be provided or additional wetlands will be created to mitigate any wetland destruction; d. Land alteration or development within the Loxahatchee Slough restoration area ( ecosite) or the adjacent lands within the Loxahatchee watershed are consistent with South Florida Water Management District (SFWMD) policies for water quality and quantity and SFWMD plans for modifying the hydroperiod and water levels in the area; e. Proposed developments comply with the Wellfield Protection Program adopted by the county; and f. Site plans identify floodplain areas and incorporate appropriate flood mitigating measures that comply with regulations promulgated by the Federal Emergency Management Agency Flood Insurance Program. Policy 6.1.1.3.: The City shall require the review of all proposed wetlands development with the Florida Department of Environmental Protection (DEP), SFWMD, Treasure Coast Regional Planning Council (TCRPC), and the U.S. Army Corps of Engineers to ensure compliance with dredge and fill permitting processes. Policy 6.1.1.4.: Through the continued implementation of land development regulations, the City shall ensure that new developments and redevelopments are designed in such a manner as to minimize the impact of such developments on the quality of surface and ground water resources, and to further ensure that new developments and redevelopments do not exceed the capacity levels for potable water and/or sanitary sewer services. Policy 6.1.1.5.: The City shall continue to encourage the placement of a salinity dam in the tidal ditches along RCA Boulevard to prevent salt water intrusion into the shallow aquifer. Policy 6.1.1.6.: The City shall continue to maintain land development regulations to ensure such regulations are consistent with and implement the county Wel1field Protection Program. CONSERVATION 6-2 Policy 6.1.1.7.: By implementing the provisions of the county Wellfield Protection Ordinance, the City shall continue to ensure that no new uses are established within the zones of influence of existing or proposed wellfields that could adversely affect the quality of water resources in the water recharge area. The City shall also ensure that new potable water wells and wellfields are located in areas where no regulated materials (e.g. hazardous or toxic materials) are used, handled, stored or produced within the projected zones of influence of such wells or well fields. Policy 6.1.1.8.: The City shall cooperate with the SFWMD and Palm Beach County in their efforts in restoring and maintaining the Loxahatchee Slough and managing the Loxahatchee Slough Sanctuary. The City, in conjunction with the SFWMD and Palm Beach County, shall review any development adjacent to the Sanctuary for possible adverse impact on the Sanctuary during the development approval process. Policy 6.1.1.9.: The City shall actively participate in the formulation and implementation of water supply conservation programs developed by Seacoast Utility Authority considering the SFWMD's Lower East Coast Regional Water Supply Plan. Policy 6.1.1.10.: The City shall coordinate with Seacoast Utility Authority to implement potable water conservation programs established as part of its 10-Year Water Supply Facilities Work Plan and Consumptive Use Permit. Policy 6.1.1.11.: The City shall cooperate with Seacoast Utility Authority in the development and implementation of water reuse programs, to the extent that they may apply to Palm Beach Gardens. Objective 6.1.2.: Monitor and enforce provisions for monitoring and regulating water use in order to prolong freshwater availability pursuant to land development regulations, in conjunction with Seacoast Utility Authority, North Palm Beach County Improvement District (NPBCID), and the SFWMD. Policy 6.1.2.1.: The City shall provide technical assistance to and cooperate with the SFWMD in preparing and adopting an emergency water management conservation plan. Policy 6.1.2.2.: The City shall continue to maintain land development regulations which require water conservation strategies which are consistent with programs promulgated by the Seacoast Utility Authority, NPBCID, and SFWMD, and other viable programs such as: a. Wastewater reuse for irrigation if economically feasible; b. Separate metering for irrigation with potable water; c. A reduction in use of potable water for irrigation; and CONSERVATION 6-3 d. A more efficient operation of irrigation systems including the incorporation of such devices as soil water tensiometers and xeric landscaping where appropriate. Policy 6.1.2.3.: The City shall cooperate with the SFWMD in developing and implementing programs for the further education of the public regarding various methods of water conservation at the household and small business level. Objective 6.1.3.: Maintain land development regulations to ensure the control of soil erosion. Policy 6.1.3.1.: The City shall continue to maintain land development regulations which implement Palm Beach County Soil and Water Conservation District Best Management Practices on development activities and land clearing. Policy 6.1.3.2.: All commercial mining practices shall be prohibited throughout the incorporated area of the City. Objective 6.1.4.: Maintain land development regulations to ensure that all ecological communities, wildlife, and marine life, especially endangered and rare species, are identified, managed, and protected. Policy 6.1.4.1.: The City's land development regulations will continue to ensure that: a. All endangered and threatened plant, animal and marine populations are protected; b. Habitat of critical value to regional populations of endangered and threatened species is preserved; c. Nuisance and invasive exotic vegetation (i.e. Brazilian Pepper and Melaleuca) is removed by the developer at the time of development or redevelopment of a site; and d. Removal of native vegetation is minimized in the land development process; and, where it is economically feasible, removed material is relocated on site. e. Environmental Assessments are provided for any land development/alteration proposal or properties containing environmentally sensitive lands. Policy 6.1.4.2.: Development orders and permits for development and redevelopment activities shall be issued only if the protection and conservation of wildlife, marine life and natural systems are ensured consistent with the goals, objectives, and policies of this Comprehensive Plan. Policy 6.1.4.3.: The City shall maintain land development regulations containing specific standards and guidelines for the protection of environmentally sensitive lands containing one or more of the following: CONSERVATION 6-4 a. Native habitats designated as environmentally significant if they are actively used by or likely to support or contain U.S.-listed endangered, or threatened species and/or state listed endangered or threatened species, or species of special concern; b. A rare and unique upland community such as coastal scrub; c. Functioning and jurisdictional wetlands and deepwater habitats; d. Any part of the Loxahatchee Slough Sanctuary; e. Sites of historical or archaeological significance; f. Xeric hammock or xeric scrub; g. Tropical hammock; h. Low hammock, temperate hammock, or mesic hammock; 1. Mixed hardwood swamp or hydric hammock; J. Pond apple slough; k. Cypress swamp; I. Freshwater marsh; m. Mangrove swamp; n. Oak forest; o. Pine flatwoods, mesic and hydric; p. Scrubby flatwoods; q. Coastal dune and strand; or r. Wet prairie. Policy 6.1.4.4.: The City shall require that an environmental assessment be prepared prior to alteration of the land consistent with the provisions of the Natural Resources and Environmentally Significant Lands section of the land development regulations. Policy 6.1.4.5.: To ensure protection of environmentally sensitive areas and listed species, the City shall implement the following criteria either in combination or singly for any proposed CONSERVATION 6-5 alteration of lands designated as environmentally significant pursuant Comprehensive Plan policy 6.1.4.3. 1. The project design provides for the protection and preservation of valuable or unique existing natural resources, listed species and environmentally significant lands on site; 2. If no listed species have been determined to exist on the site or on-site preservation would yield a preserve area that is less than the preferred minimum of ten acres or unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to the City Council is implemented; 3. The City shall continue to require, through Land Development Regulations, that all development with significant environmental impacts, including agricultural development, set aside as preserve areas a minimum of 25 percent of the total upland native plant communities on site. The 25 percent set-aside shall be based on the quality and viability of the vegetative ecosystem. The city shall have the option to designate the portion of the plant community which will be included in the 25 percent set-aside. Such set-aside habitat shall be preserved and managed in viable condition with existing canopy, understory, and ground cover. The city shall, for development occurring east of the Urban Growth Boundary, have the option of accepting off-site preservation or a cash payment in lieu of preservation and shall accumulate such payments from development for the purchase and management of off-site upland native plant communities. The Land Development Regulations shall establish criteria for assessing the cash payment amount and for determining which projects warrant the use of the cash payment option. A property owner of a platted upland preserve shall not be allowed to use the off-site preservation or the cash payment option to modify the preserve area. 4a. Wetland habitats are set-aside as preserves, and development is prohibited in wetlands except under the following circumstances consistent with Treasure Coast Regional Planning Council Policy 6.6.1.1: 1) Such an activity is necessary to prevent or eliminate a public hazard; 2) Such an activity would provide direct public benefit which would exceed those lost to the public as a result of habitat alteration, degradation, or destruction; 3) Such an activity is proposed for habitats in which the functions and values currently provided are significantly less than those typically associated with such habitats and cannot be reasonably restored; 4) Such an activity is water dependent or, due to the unique geometry of the site, minimal impact is the unavoidable consequence of development for uses which are appropriate given site characteristics, or; CONSERVATION 6-6 4b. Wetlands shall be protected by a density transfer program to upland areas. Where development occurs within wetlands, the developer must mitigate the function and value of those wetlands. Development activities shall occur at a density of no more than one dwelling unit per five acres in the urban area and one dwelling unit per twenty acres in the rural area, shall be clustered to the least environmentally sensitive portion of the site and shall include design considerations to protect the wetland functions of the rest of the site. Consistent with SFWMD regulations, a minimum 15-foot upland buffer composed of native vegetation shall be preserved or established around wetland areas. 5. For a site on which listed species are known or suspected to be present, one of the following criteria shall be satisfied: 1. It shall be successfully demonstrated that the proposed land alteration/development activity will not preclude the continued survival and viability of those listed species located on site; or 2. A plan for relocation, either on-site or off-site, for those listed species, shall be approved by all appropriate agencies. Policy 6.1.4.6.: Public/Institutional buildings or facilities may be permitted in the Conservation land use designation and within other environmentally sensitive lands only when the building or facility is related to the conservation use, including within wetlands, 100-year floodplains, groundwater aquifer recharge areas, areas set aside by development to meet the 25 percent preservation of native ecological communities and wildlife habitats. Objective 6.1.5.: Maintain a hazardous waste management program for the proper storage, recycling, collection and disposal of hazardous wastes, in conjunction with the Solid Waste Authority (SW A). Policy 6.1.5.1.: The City shall work closely with and seek technical assistance from the DEP and SWA in identifying small quantity hazardous waste generators in the City and in developing the program for the proper disposal of such hazardous waste. Policy 6.1.5.2.: The City shall cooperate with the SWA in sponsoring Amnesty Days to collect household hazardous waste for proper disposal. Objective 6.1.6.: Maintain land development regulations and development policies to ensure the provision of conservation measures on newly annexed lands or lands newly acquired for the purpose of conservation in accordance with the goals, objectives, and policies of this Comprehensive Plan. CONSERVATION 6-7 Policy 6.1.6.1.: The City shall review the master development plans of all subdivisions approved by the county but later annexed by the City for the provision of conservation/preservation areas as required by the original development order. Policy 6.1.6.2.: Where development orders granted by another governmental agency are silent, the comprehensive plan, land development regulations, and policies of the City of Palm Beach Gardens shall apply. Policy 6.1.6.3.: The City shall continue to cooperate with the SFWMD and Palm Beach County, through the exchange of technical information and informal coordination, in order to make a concerted effort to protect and conserve unique vegetative communities that exist in areas such as the Loxahatchee Slough, Sandhill Crane and Hungryland Slough and which fall under multiple local jurisdictions. Further, the City shall assist in the Loxahatchee Slough, Sandhill Crane and Hungryland Slough ecosites' protection by designating complete ecosites with Conservation land use and a consistent zoning district, and assisting with management activities. Policy 6.1.6.4.: After the acquisition of new lands by agencies intended to conserve ecosites, the City shall coordinate with Palm Beach County and other applicable outside agencies in order to obtain a Management Plan for the ecosite, and designating the appropriate properties with a Conservation land use and a consistent zoning district. Objective 6.1.7.: Implement the plan for all or a part of the Parkway System prior to the issuance of any development orders for that area included in the Conceptual Linkage Plan presented in the Future Land Use Element ofthis Comprehensive Plan. Policy 6.1.7.1.: The City shall continue to maintain land development regulations to ensure the implementation and design of the Parkway System. Policy 6.1.7.2.: The parkways shall be designed, developed and maintained to serve a multitude of functions including: a. Preservation of significant native ecological communities in greenways along the City's major corridors; b. Separate bicycle and pedestrian circulation through and between land uses within and adjacent to the areas included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan; c. Mitigation areas for natural areas disturbed elsewhere within the area included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan, where applicable; d. The buffering of adjacent roadways, land uses and developments, where applicable; and CONSERVATION 6-8 e. The provision of public access to the restored Loxahatchee Slough, where applicable. f. Preserve urban beauty through right of way landscaping requirements; g. Provide residents with a safe and multi-use pathway system which is recognized as an urban component of the Florida Greenways System; h. Eliminate a perceived need for using strip commercial as a buffer between arterials and residential areas; and t. The phasing of the establishment of the parkways shall, at a minimum, be relative to the phasing of development in the area included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan. Objective 6.1.8.: Maintain land development regulations which, in conjunction with the efforts of other regulatory agencies having jurisdiction, ensure the protection and preservation of native habitats, and maximize the provision of open space for this purpose. Policy 6.1.8.1.: The City shall maintain open space requirements in the land development regulations with specific reference to conservation and preservation land area requirements. Policy 6.1.8.2.: The City shall endeavor to "collect and concentrate" open space conservation areas to amass significantly large land areas that will be left in their natural settings for public dedication and use through land development regulations. Policy 6.1.8.3.: Through the site plan and subdivision review process, the City shall endeavor to connect open space and conservation/preservation areas with the Parkway System wherever possible. Policy 6.1.8.4.: The City shall require all developers to identify all conservation/preservation areas and submit all appropriate information to regulatory agencies. Policy 6.1.8.5.: The City shall maintain the following minimum requirements to all required preserve areas for environmentally significant lands. ( 1) Lands to be set aside in preserve areas shall be: a. Identified based on the quality of habitats, the presence of listed species, proximity to other natural areas and other relevant factors. b. Preserved in viable condition, with intact canopy, understory, and ground cover, and maintained without infringement by drainage or utility easements, unless the easements serve to benefit the preserve or facilities thereupon, or benefit the drainage of the development where the preserve is located. CONSERVATION 6-9 c. Platted as separate parcels of land, or as an established conservation easement. d. Capable of functioning within itself or in conjunction with manmade features. e. Clearly defined, protected and managed in such a way that it serves a purpose to the communities around it. f. Contiguous, wherever possible, to an adjacent preserve, public park, school site, or human-made open space or combination thereof. g. Maintained as large open or green areas with the intent of preserving large areas to promote self-sustaining, balanced plant growth, biodiversity, and wildlife enhancement and shall be connected with other preserve areas to conceptually function as wildlife corridors. h. One-hundred-percent protected from alteration during site construction. 1. Compact in nature, avoiding strip or noncontiguous patterns and arranged in a continuous fashion where pbssible. The use of preservation areas as long, narrow buffers is discouraged. j. Protecting and preserving of all endangered and threatened plant, animal and marine populations and the habitat of critical value to regional populations of endangered and threatened species. k. Consistent with South Florida Water Management District regulations, such that a minimum 15-foot upland buffer composed of native vegetation shall be preserved or established around wetland areas landward from the edge of the wetland in all places and shall average 25 feet of width from the landward edge ofthe wetland. I. Cleared of invasive nonnative vegetation (e.g., Brazilian pepper, Australian pine and Melaleuca), except as otherwise authorized by the city, by the developer at the time of development or redevelopment of a site. Lands that are set aside in a preserve status may be included in open space calculations for purposes of meeting open space requirements of the city's planned community district or planned unit development ordinances if the canopy, understory, and ground cover vegetation are left intact. However, such preserved lands shall not make up more than 50 percent of the total required open space, unless it is determined by the city council that a greater portion of the required open space should consist of preserved area because of special site constraints or preservation opportunities. (2) Alteration within the preserve shall require City approval, and shall be limited to: CONSERVATION 6-10 a. The construction of boardwalks, pervious walkways, and other passive recreational or educational facilities. b. The construction of firebreaks, fire lanes, or fence lines and the removal of invasive nonnative species and their replacement with native species. The use of native plant communities, existing roads and trails, etc., as firebreaks is preferred to the construction of new access roads or fire lanes, which would result in the introduction and spread of invasive nonnative plant species. Bioconversion of woody biomass, removal of underbrush and overgrowth, or thinning of dead, dying or diseased native plant communities is encouraged for hazardous fuel reduction. c. Primary public/institutional buildings shall be prohibited in the conservation land use designation and within other environmentally sensitive lands, including wetlands, 1 00-year floodplains, groundwater aquifer recharge areas, areas set aside by the development to meet the 25-percent preservation of native ecological communities and wildlife habitats, unless otherwise approved by the city council. Policy 6.1.8.6.: The City shall maintain the following minimum requirements to reqmre a management plan for all preservation areas and/or conservation lands. a) A management plan of the preserve area and/or any other conservation areas within the city shall include but not be limited to long-term protection of the preserve/conservation area, continued removal of and protection from litter and debris, avoidance of activities or land alteration which may disturb the preserve area, eradication and continued monitoring and removal of invasive nonnative plant species, control of off-road vehicles, and maintenance of hydrological requirements. Periodic prescribed burning or other mechanical methods that would simulate the natural processes of the natural historic fire regime may be required for some areas. b) Each management plan shall be approved, pursuant to Comprehensive Plan Policies and land development regulations by the Growth Management department, before final approval of construction drawings or commencement of land alteration, whichever occurs first, and/or incorporation into the city as a conservation area, open space, greenway, or wildlife corridor. (c) Deed restrictions. (1) For those lands identified for preserve status, appropriate deed restrictions shall be placed on the lands and recorded in the public records of the county, or they may be dedicated to a public entity or approved private conservation group for the purposes of preservation, or appropriate restrictive conservation easements granted in perpetuity may be established, or such other similar protective measures may be established, as determined by the city council, upon completion of all review processes. CONSERVATION 6-11 (2) A conservation easement shall be established for a preserve area on a single- family residential lot five acres or greater in size. The deed restriction or conservation easement shall be dedicated to the appropriate entity, such as the property owners association, or a state or local government or agency. (d) The perpetual maintenance and protection of designated preserve areas shall be established by a legally binding, recorded instrument. Policy 6.1.8.7.: The City shall provide for a voluntary density bonus program for land use designations of residential high (RH) to permit densities up to a maximum of 15.0 units per gross acre, based on one additional unit of density allowed for every ten percent of native ecological habitat put into a preserve within the planned community district (PCD). These preserve areas shall be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements. Policy 6.1.8.8.: The City shall maintain in the land development regulations requirement for the removal of invasive nonnative species from development tracts. GOAL 6.2.: ENCOURAGE AN ENVIRONMENTALLY SUSTAINABLE CITY THROUGH ACTIONS THAT REDUCE GREENHOUSE GAS EMISSIONS AND OTHER POLLUTANTS AND REDUCE THE USE OF NON-RENEW ABLE RESOURCES. Objective 6.2.1.: Meet or exceed the minimum air quality levels established by DEP. Policy 6.2.1.1.: In accordance with section 163.3202, F.S., the City shall continue to maintain land development regulations that ensure the protection of environmentally sensitive lands designated in the comprehensive plan. Policy 6.2.1.2.: Reduce pollution generated by motor vehicles by promoting cleaner burning, energy efficient vehicles, including hybrid vehicles and alternate fuels such as biodiesel and fuel cell technology, as well as through public education and encouraging the following: 1. The creation of mixed use land use centers and residential form which utilizes clustering and Planned Unit Development and Mixed Use Development styles of design; 2. Vegetative buffers between arterial roadways and residential neighborhoods; 3. The use of alternative modes of transportation including public transit, bicycle and pedestrian paths/corridors, light rail, and car-pooling. 4. The implementation of the parkway system, the installation of sidewalks for all new developments, the retrofit of neighborhoods with sidewalks and the repair of existing sidewalks, and requirements such as provision of bicycle racks. CONSERVATION 6-12 Policy 6.2.1.3.: In an effort to reduce reliance on automobile travel, the City shall implement the Parkway System, as vacant areas are developed or as redevelopment occurs; assist the Metropolitan Planning Organization in the implementation of its Transit Study and Bicycle Facilities Plan; and coordinate with PalmTran to increase the public transportation service in the City. Policy 6.2.1.4.: The City shall cooperate with county and state agency programs to reduce air pollutants on a regional level. Policy 6.2.1.5.: All proposed point sources of pollution shall present evidence of compliance with DEP regulations prior to being approved. No proposed point source of pollution shall be approved which exceeds the level of air quality established by the State Implementation Plan. Policy 6.2.1.6.: By December 31, 2011, the City shall adopt a sustainable Multi-Modal Transportation Plan that consider the findings of the MPO, Transit Needs Assessment and Bicycle and Pedestrian Plan. The Plan shall develop a long term strategy to reduce C02 emissions, and provide the public and businesses additional transportation alternatives, but shall not replace, reduce or weaken road concurrency measurements. Objective 6.2.2.: Increase education about sustainable building practices and use of environmentally sustainable products within the City of Palm Beach Gardens. Policy 6.2.2.1.: The City shall provide education to the residents and business owners to support better energy efficient buildings, energy efficient appliances, waste recycling, building products from renewable resources, non-toxic building products and water efficient fixtures and landscapes. Policy 6.2.2.2.: The City shall utilize non-toxic cleaning techniques throughout its facilities Policy 6.2.2.3.: The City shall enhance the energy efficiency of City facilities through the purchase of Energy Star rated or equivalent equipment and appliances for City use, design of efficient cooling systems and employee education on energy conservation. Policy 6.2.2.4.: The City shall purchase products that utilize recycled materials and shall return City waste for reuse. Policy 6.2.2.5.: By December 31, 2009, the City shall review the City's Land Development Regulations to consider the addition of specific energy efficient and recycling regulations to encourage conservation. CONSERVATION 6-13 Subject/Agenda Item: CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 3, 2013 Ordinance 19, 2013 City-initiated amendment to the Land Development Regulations First Reading: A City-initiated text amendment to Section 78-158 of the City's Code of Ordinances in order to provide relief from the subsection for publicly owned planned developments and to provide criteria for granting such relief. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Direc r of Planning & Zon· Development Compliance Bahareh Wolfs, AICP CityAtto~ R. Max Lohman, Esq. Originating Dept.: & Zoning: N t e Crowley, AICP Director of Planning & Zoning [ ] Quasi -Judicial [X] Legislative [X] Public Hearing ~------------------------~ Advertised: [ ] Required [ X] Not Required Date: Finance: Accountant Tresha Thomas Fees Paid: N/A Funding Source: [ ] Operating [X] Other N/A Budget Acct.#: Council Action: ] Approval ] Approval w/ Conditions [ ] Denial [ ] Continued to: ____ ____ N/A Attachments: Contract/Agreement: • Ordinance 19, 2013 Effective Date: Approved By: Paper: Expiration Date: ~------------------~~N/~A~-------- Affected parties: ] Notified [X] Not Required SUMMARY Meeting Date: October 3, 2013 Ordinance 19, 2013 Page 2 of 2 The City Council has the authority to grant waivers based on the specific criteria set forth in Section 78-158 of the City's Land Development Regulations (LDRs). The proposed amendment allows the City Council to waive the City's 25% environmental set aside pertaining to viable uplands for publicly owned lands. In order to provide relief, the request must satisfy one (1) or more of the following criteria in addition to the requirements of the existing waiver criteria contained within Section 78-158: (1) The proposed development fulfills a critical government infrastructure need. (2) The proposed development will have a substantial and beneficial economic impact through revenue generation and job creation. (3) The request demonstrates that granting the waiver will result in a development that makes a significant contribution to the city's recreational and/or park space needs. The subject petition is being processed concurrently with a City-initiated Comprehensive Plan amendment (Ordinance 16, 2013), which is a proposed amendment to Policy 6.1.4.5 of the City's Comprehensive Plan. Ordinance 16, 2013 establishes that the process for receiving a waiver from the City's 25% environmental set aside requirements is done through the LDRs. PROPOSED AMENDMENT See attached Ordinance 19, 2013. STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance 19, 2013 as presented on first reading. 1 ORDINANCE 19, 2013 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMDENDING CHAPTER 78. LAND 6 DEVELOPMENT. BY REPEALING SUBSECTION 79-158(d), 7 READOPTING SAME, AS REVISED, AND ADOPTING NEW 8 SUBSECTION 0) IN ORDER TO PROVIDE RELIEF FROM THIS 9 SUBSECTION FOR PUBLICLY OWNED PLANNED 10 DEVELOPMENTS AND TO PROVIDE CRITERIA FOR GRANTING 11 SUCH RELIEF; PROVIDING A CONFLICTS CLAUSE, A 12 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 13 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 14 15 16 WHEREAS, the City Council adopted an amendment to the City's 17 Comprehensive Plan pursuant to Ordinance 16, 2013; and 18 19 WHEREAS, the City Council has determined that a need exists to amend the 20 Land Development Regulations by providing criteria for granting relief from the 21 environmental set aside requirement in accordance with the Comprehensive Land Use 22 Plan of the City of Palm Beach Gardens; and 23 24 WHEREAS, on , the Planning, Zoning, and Appeals Board, 25 sitting as the duly constituted Local Planning Agency for the City, recommended 26 approval of the subject amendment to the Land Development Regulations; and 27 28 WHEREAS, the City Council deems approval of this Ordinance 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, THEREFORE, BE IT ORDAINED 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. Chapter 78. Land Development. of the Code of Ordinances of the 38 City of Palm Beach Gardens is hereby amended at Section 79-158. Waivers to planned 39 development district requirements. by repealing sub-section (d), readopting same as 40 revised and adopting new subsection 0); providing that Section 78-158. shall hereafter 41 read as follows: 42 43 Sec. 78-158. Waivers to planned development district requirements. 44 45 (a)-(c) (These subsections shall remain in full force and effect as previously 46 enacted.) Page 1 of 4 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 Ordinance 19, 2013 (d) Prohibited waivers. The waivers listed below shall not be granted by the city council. (1) A waiver from the requirements of division 2 of article V, establishing the PGA overlay district. (2) A waiver from the minimum twenty-five (25) percent set aside and/or associated mitigation requirements for upland preservation of the environmentally sensitive lands as provided in division 5 of article V. except for planned developments on publically owned land that satisfy the criteria set forth in subsection m. (3) A waiver from any requirement associated with the city's concurrency management requirements established in division 3 of article Ill. (e)-(f) (These subsections shall remain in full force and effect as previously enacted.) Table 20: Waivers to Planned Developments (This table shall remain in full force and effect as previously enacted.) (g)-(h) (These subsections shall remain in full force and effect as previously enacted.) (i) Criteria. A request for the city council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority of the criteria listed below. (1) The request is consistent with the city's comprehensive plan. (2) The request is consistent with the purpose and intent of this section. (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. (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. (5) The request for one or more waivers results from innovative design in which other minimum standards are exceeded. Page 2 of4 Ordinance 19, 2013 1 (6) The request demonstrates that granting of the waiver will result in preservation of 2 valuable natural resources, including environmentally-sensitive lands, drainage 3 and recharge areas, and coastal areas. 4 5 (7) The request clearly demonstrates public benefits to be derived, including but not 6 limited to such benefits as no-cost dedication of rights-of-way, extensions of 7 pedestrian linkages outside of the project boundaries, preservation of important 8 natural resources, and use of desirable architectural, building, and site design 9 techniques. 10 11 (8) Sufficient screening and buffering, if required, are provided to screen adjacent 12 uses from adverse impacts caused by a waiver. 13 14 (9) The request is not based solely or predominantly on economic reasons. 15 16 (10) The request will be compatible with existing and potential land uses adjacent to 17 the development site. 18 19 (11) The request demonstrates the development will be in harmony with the general 20 purpose and intent of this section, and that such waiver or waivers will not be 21 injurious to the area involved or otherwise detrimental to the public health, safety, 22 and welfare. 23 24 ill A request for a waiver from the 25% environmental set aside for a publically 25 owned planned development must satisfy one (1) or more of the following criteria in 26 addition to the requirements of subsections (i)(1)-(11} hereinabove: 27 28 ill The proposed development fulfills a critical government infrastructure need. 29 30 (2) The proposed development will have a substantial and beneficial economic 31 impact through revenue generation and job creation. 32 33 (3) The request demonstrates that granting the waiver will result in a development 34 that makes a significant contribution to the citv's recreational and/or park space 35 36 37 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 38 hereby repealed. 39 40 SECTION 4. Should any section or prov1s1on of this Ordinance or any portion 41 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 42 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 43 44 SECTION 5. Specific authority is hereby given to codify this Ordinance. 45 46 SECTION 6. This Ordinance shall become effective immediately upon adoption. Page 3 of 4 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 19, 2013 PASSED this __ day of _______ , 2013, upon first reading. PASSED AND ADOPTED this __ day of ______ , 2013, upon second and final reading. CITY OF PALM BEACH GARDENS BY: --------------Robert G. Premuroso, Mayor Eric Jablin, Vice-Mayor Joseph R. Russo, Councilmember Marcie Tinsley, Councilmember David Levy, Councilmember ATTEST: BY: --------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ---------------R. Max Lohman, City Attorney AGAINST ABSENT G:\attorney_share\ORDINANCES\2013\0rdinance 19 2013-Companion LOR Amendments to Ord 16-091813.docx Page 4 of 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 3, 2013 Ordinance 17, 2013 Resolution 61, 2013 Subject/Agenda Item: Chase Bank Planned Unit Development Second Reading and Adoption: A request by JP Morgan Chase to rezone the existing property located at 11340 U.S. Highway One to a Planned Unit Development (PUD) and site plan approval to modify the existing fast-food restaurant to accommodate a bank with drive- through facilities. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Director of Planning and Zoning ~6/1~ AJC Natalie M. Crowley, AICP Finance: Finance: Accountant Tresha Thomas Development Compliance and Zoning Manager 1-----------1 Fees Paid: N/A ~tJ Ba areh Wolfs, AICP Approved By: [X] Quasi -Judicial [ ] Legislative [X] Public Hearing 1-----------1 Advertised: [X] Required [ ] Not Required Date: 9/18/2013 Paper: Palm Beach Post ffected parties: [X] Notified [ I Not Required Funding Source: [ ] Operating [X] Other N/A Budget Acct.#: N/A Contracts/Agreements Effective Dat e : N/A Expiration Date: N/A Council Action: 1 Approval I Approved w/ Conditions ] Denial ] Continued to: __ Attachments: • Development Application • Location Map • Traffic Study • Ordinance 17, 201 3 • Resolution 61 ,2013 EXECUTIVE SUMMARY Meeting Date: October 3, 2013 Ord inance 17 ,2013 and Resolution 61 ,2013 Page 2 of 10 A request by JP Morgan Chase Bank to rezone a 0.80-acre parcel of land from Commercial General 1 (CG-1) zoning designation to a Planned Unit Development (PUD) overlay with an underlying CG-1 zoning designation to accommodate the redevelopment of an existing fast- food restaurant to a Chase Bank financial institution with drive-through facilities. The Applicant is requesting the approval of seven (7) waivers. Staff recommends approval of rezoning the parcel to a PUD . BACKGROUND On July 30, 1991 , Resolution 83, 1991 was adopted, approving a conditional use to the site then occupied by Miami Subs restaurant, allowing the sale/service of beer and wine beverages for on premise consumption only, and further granting a variance to the distance requirement between sites and locations where alcohol beverages are sold . On April 19, 2005, the approval of Administrative Petition ADMIN-05-31 allowed minor architectural changes to the existing Miami Subs fast-food restaurant building for the conversion to a Wendy's fast-food restaurant. LAND USE & ZONING The existing fast-food restaurant located at 11340 U.S. Highway One has a zoning designation of Commercial General 1 (CG-1) and the future land-use designation is Commercial (C). Subject Property Fast-Food Restaurant North Village of North Palm Beach South Windsor Gardens Hotel East Village of North Palm Beach West City Centre Commercial General1 (CG-1 ) Neighborhood Commercial District (C1 ) Planned Unit Development (PUD) I Commercial General 1 G-1 Apartment Dwelling District (R3) Planned Unit Development (PUD) I Commercial General1 (CG-1) Commercial (C) Commercial (C) Commercial (C) Residential High Density (HDR) Golf (G) The subject site of the proposed rezoning request is bordered on the north , south , and west sides by other commercial uses. Adjacent to the site on the east side is the residential community of Twelve Oaks, which is located with the Village of North Palm Beach . The proposed rezoning to a Planned Unit Development (PUD) with an underlying zon i ng designation of CG-1 is consistent with the surrounding and adjacent uses. TRAFFIC CONCURRENCY Meeting Date: October 3, 2013 Ordinance 17 , 2013 and Resolution 61 , 2013 Page 3 of 10 The request to replace the existing fast food restaurant to the proposed bank/financial institution use provides a reduction in both average daily trips and peak-hour trips. On May 13, 2013, the City's Traffic Consultant completed its review of the traffic analysis and granted approval. PROJECT DETAILS Site Details The existing fast-food restaurant is located on the east side of U.S. Highway One approximately 500 feet south of the PGA Boulevard and U.S. Highway One Intersection. The site is approximately 0.80 acres in size and has vehicular access from U.S. Highway One. Subject Request The Applicant is requesting approval to rezone the property to a PUD Overlay and redevelop the existing fast-food restaurant with a drive-through to a bank/financial institution with a drive-through. The existing 2,806-square-foot fast-food restaurant building will be removed, the site will be filled, and a new 3,450-square-foot bank/financial institution building with a remote drive-through facility will be constructed. Vehicle access to the site will be maintained from U.S. Highway One. The bank/financial institution is proposed to have a remote drive-through facility with three (3) drive-through lanes. The first two (2) drive-through lanes will feature a dual ATM machine and vacuum tube banking services. The third drive-through lane will be the required vehicle bypass lane. Both drive-through lanes and the bypass lane meet City Code requirements. Parking The existing fast-food restaurant has approximately 38 parking spaces. As part of the existing fast-food site's redevelopment, the parking and vehicle use area will be redesigned. The proposed 3,450-square-foot bank/financial institution require a total of 14 parking spaces; however, the Applicant is requesting 24 parking spaces. The Applicant is requesting a waiver for the parking space increase because the additional ten (10) parking spaces being proposed exceeds the required amount of parking spaces by ten (1 0) percent. This is consistent with City Code Section 78-345(d). The Applicant is providing the additional open space at the required ratio of 1.5 square feet of open space for everyone one (1) additional square foot of paved parking area (see Waiver section). Traffic Circulation The site has one (1) point of access of ingress and egress from U.S. Highway One. The one (1) point of access will be improved when compared to the existing conditions. The existing ingress and egress for the fast-food restaurant from U.S. Highway One provides approximately 40 feet of off-street stacking distance. The Applicant has designed the redevelopment of the subject site to accommodate approximately 70 feet of off-street Meeting Date : October 3, 2013 Ordinance 17 ,2013 and Resolution 61 ,2013 Page 4 of 10 stacking distance. This is an improvement over the existing 40 feet of stacking distance; however, the 70 feet of stacking distance is still below the 100 feet of off-street stacking distance that is required by City Code. The Applicant has requested a waiver for this deviation (see Waiver section). Drainage The Applicant is proposing to upgrade and improve the existing drainage as part of the redevelopment on site. In order to elevate the site and hold filled earth , retaining walls are proposed to be constructed along the rear portions of the subject site's north, east, and south property lines. The retaining walls along the north and south portions of the site will gradually taper in height from approximately 5 feet to 1 foot 6 inches in an east to west direction and will only extend about halfway along the property line. These retaining walls will have a stucco finish, be painted to match the principal building, and have a decorative steel fence to prevent a patron from falling over the retaining wall. The top portion of the rear retaining wall will help to create an opaque visual barrier between the adjacent residential community of Twelve Oaks to the east and the proposed bank/financial institution. There is an existing 15- to 16-foot Ficus hedge along the residential community's property boundary that will screen the wall from view of the adjacent property. The Applicant will also be installing a dense landscape buffer consisting of Arcea Palms, Orange Geiger Trees, and Cocoplums to screen the wall and provide a buffer between the adjacent properties . The retaining walls will not be visible from the right-of-way. The site will also include an exfiltration drainage trench system. This system will be constructed to reduce the existing direct stormwater runoff to U.S. Highway One and the Twelve Oaks residential community to the east. The Applicant will be required to obtain all required permits from the Seacoast Utility Authority (SUA), South Florida Water Management District (SFWMD), and the Florida Department of Transportation (FDOT) prior to the issuance of an infrastructure permit. Architecture The redevelopment of the subject site from a fast food restaurant to a bank/financial institution will require the complete removal of the existing fast food restaurant. The proposed bank/financial institution building will feature a contemporary modern architectural theme. The proposed building will have a central tower feature with a metal roof and a varying building parapet roof line. The Applicant is including a 3-foot 4-inch high stone base around the perimeter of the entire building, and the columns on either side of the raised tower element on the south and west elevation will have a stone finish . The columns on the west elevation (facing U.S. Highway One) include a higher stone base feature which protrudes from the column's base and provides this elevation with an additional prominent feature. The building's walls will feature architectural scoring and brick veneer along the building's columns and lower walls to provide a variety in architectural materials. The majority of the building's windows will have awnings. The proposed color palette for the building consists of light grey and beige earth tones with a blue accent color. -------~-------------------------- Landscaping and Open Space Meeting Date: October 3, 2013 Ordinance 17, 2013 and Resolution 61 , 2013 Page 5 of 10 The existing landscaping on the subject site will be completely renovated. The proposed landscaping plan provides double the amount of required landscaping points. The front (west) of the subject site that abuts U.S. Highway One will feature a 20-foot landscape buffer with complementary eight (8) foot landscape buffers on both sides (north and south) of the subject site. The rear (east) portion of the subject site is proposed to have an 11.75-foot- wide landscape buffer which is below the minimum 15-foot-wide required rear landscape buffer. The Applicant is requesting a waiver for the rear landscape buffer (see Waiver section). In order to mitigate the reduced width of the rear landscape buffer and provide better screening between the subject site and the adjacent residential community of Twelve Oaks, the Applicant is providing Orange Geiger Trees and a dense planting of Areca Palms. Areca Palms are a popular palm tree species that provide good visual screening and noise absorption. These landscaping features will be used in conjunction with a six-(6) foot-high screening wall. The other landscape buffers will feature ornamental shrubs and ground cover species to provide a visual variety within the site. The building will have foundation landscaping and be accented with Royal and Alexander Palm trees. The Applicant will also be providing landscaping along the U.S. Highway One road shoulder and within the roadway median. However, due to FOOT requirements, the Applicant is only able to provide ground cover species. CEPTED Compliance The Applicant has coordinated with the City's Police Department regarding the implementation of Crime Prevention Through Environmental Design (CPTED) principles. The Applicant has agreed to incorporate several recommendations by the Police Department which include providing on-site lighting that meets the Illuminating Engineering Society of North America's (IESNA) requirements and preferred lighting ratio for commercial bank developments. In addition, the Police Department had concerns regarding illegitimate users concealing themselves behind the subject site's retaining wall. To address this concern, the Applicant has proposed to install hostile landscaping (bougainvillea shrubs) along the outside perimeter of the retaining wall to help deter illegitimate users from accessing the property. Sign age The Applicant is proposing to have one (1) freestanding ground sign located on the property. The ground sign is proposed to be located in the landscape area on the west side of the subject property so as to be visible from U.S. Highway One. The Applicant is requesting a waiver to allow the ground sign because the subject site does not have the required 300 linear feet of right-of-way (see Waiver section). In addition to the requested ground sign, the Applicant is proposing to have one (1) principal tenant wall sign on the building's west elevation which faces and is visible from U.S. Highway One. The proposed principal tenant sign is permitted by City Code. Waiver Request/Staff Analysis The Applicant is requesting seven (7) waivers with this petition. Table 2. Waiver Requests Code Section Requirement Section 78-153(6) Table 12, 1 90-foot Rear Setback Note 6 15-foot-wide 2 Section 78-186(b)(10)(a)(1), landscape buffer Required Buffers adjacent to residential property line Manmade materials 3 Section 78-186(b)(10)(a)(1 ), located a minimum Required Buffers five (5) feet from the property line One (1) sign for first 4 Section 78-285 , Table 24, 300 linear feet of Ground Sign ROW 5 Section 78-153, Table 12/ One (1) acre minimum Section 78-154, Table 14 size for CG1 and PUD 6 Section 78-344(h), 1 00 feet of off-street Entrances and Exits stacking distance Increase in number of 7 Section 78-345(d)(3) parking spaces in excess of 1 0% of required amount Meeting Date: October 3 , 2013 Ordinance 17, 2013 and Resolution 61 , 2013 Page 6 of 10 Proposed Waiver Staff Support 52 feet to the remote Drive-38 feet deviation Approval Through Canopy 11 .75 feet 3.25 feet Approval Two (2) feet from Three (3) feet Approval the property line Allow one (1) One (1) ground ground sign for Approval sign 150 linear feet of ROW 0.80 acre 0.20 acre Approval 70 feet 30 feet Approval Ten (10) additional Ten (10) additional Approval parking spaces parking spaces 1) The Applicant is requesting a waiver from City Code Section 78-153(6) Table 12, Property Development Regulations -Nonresidential Zoning Districts, Note 6, which requires an additional 75 -foot rear perimeter setback when a property abuts a residential zoning district. The subject site abuts the Twelve Oaks residential community located in the Village of North Palm Beach. The existing fast-food restaurant has an existing 95-foot setback from the rear property line to the building (outdoor freezer) and an existing 70-foot setback from the rear property line to the menu ordering speaker. The Applicant is proposing a 90-foot setback for the bank building; however, the remote drive-through canopy structure is proposed to have a 52-foot rear setback. Therefore, the Applicant is requesting a waiver of 38 feet from the rear setback for the remote drive-through canopy. Staff supports the Applicant's waiver request. The proposed bank use is significantly more compatible with the adjacent residential use than the existing fast-food restaurant. While the proposed rear setback of 52 feet is less than the existing fast-food restaurant, the use of the remote bank drive-through lanes is less intensive than the fast-food restaurant drive-through. The remote canopy drive-through will consist of three (3) drive- through lanes: two (2) lanes will have a dual ATM/vacuum tube combination, and one (1) bypass lane. The ATM machines will be available 24-hours a day, seven (7) days a week; however, the vacuum tube bank services will only be available during standard bank operating hours, Monday through Friday, with limited daytime hours on Saturday and closed on Sunday. The fast-food restaurant drive-through operates seven (7) days a week , typically until 11 :00 p.m. Overall, the bank use will generate less traffic , noise, and odor than the existing fast-food restaurant. Meeting Date: October 3, 2013 Ordinance 17,2013 and Resolution 61,2013 Page 7 of 10 The Applicant will also provide landscaping within the drive-through landscape island and along the rear buffer. A complement of Orange Geiger trees within the landscape island and Areca Palms along the rear property line will provide a dense landscape buffer between the remote drive-through canopy and the adjacent residential use. Staff recommends approval. 2) The Applicant is requesting a waiver from City Code Section 78-186(b)(10)(a)(1), Required Buffers, which requires a landscape buffer with a minimum width of 15 feet be provided on the commercial use site adjacent to the abutting residential property line. The subject site abuts the Twelve Oaks residential community located in the Village of North Palm Beach. The Applicant is proposing a rear landscape buffer with a width of approximately 11.75 feet. Staff supports the Applicant's waiver request and has worked with the Applicant through the site planning process to widen the rear landscape buffer to the greatest extent possible. Due to the small size of the site and the necessity to provide adequate on-site traffic circulation, the rear landscape buffer cannot be any larger. The proposed redevelopment of the subject site will significantly improve the existing on-site conditions. The existing landscape buffer for the fast food restaurant is approximately 11 feet wide, in poor quality and condition, and has a dumpster from the fast-food restaurant. The Applicant is proposing to increase the rear landscape buffer by almost one (1) foot, is providing an updated and higher quality landscaping species, and will be removing the existing fast-food restaurant dumpster and replacing it with additional landscaping. The rear landscape buffer will utilize Orange Geiger Trees and a dense row planting of Areca Palms to provide an opaque visual barrier to the adjacent residential use. In addition, the Applicant will also be providing a six-(6) foot screening wall that will be constructed on top of a required retaining wall for drainage improvements. The wall will be screened by an existing mature ficus hedge located along the Twelve Oaks property line that abuts the subject site. The Ficus hedge ranges in size from 10 to 15 feet high. Staff recommends approval. 3) The Applicant is requesting a waiver from City Code Section 78-186(b)(10)(a)(1), Required Buffers, which requires any manmade materials within a landscape buffer be located a minimum distance of five (5) feet from the property line. The Applicant is proposing to locate the rear retaining and screening wall two (2) feet from the rear property line. Staff supports the Applicant's requested waiver. There is an existing fence and concrete wall along the rear property line to the north and south of the subject site. The proposed location for the retaining and screening wall on the subject site will align more appropriately with the existing fence to the north and concrete wall to the south. This will help to create a more linear buffer between the adjacent residential use and proposed bank use. Staff recommends approval. 4) The Applicant is requesting a waiver from City Code Section 78-285, Table 24, Ground Signs, to allow a ground sign identifying the subject site. City Code requires that a parcel possess 300 linear feet of street frontage to contain a monument sign. The subject site contains 137 linear feet of street frontage along U.S. Highway One. Staff supports the Applicant's requested waiver. There is an existing ground sign for the fast-food restaurant on the site. The site's visibility from the south is limited because of the existing four-(4) story hotel. The ground sign will allow motorists and pedestrians to identify the site and its main entrance. Meeting Date: October 3, 2013 Ordinance 17 ,2013 and Resolution 61 ,2013 Page 8 of 10 5) The Applicant is requesting a waiver from City Code Section 78-153, Table 12, Property Development Regulations-Nonresidential Zoning Districts and Section 78-154, Table 14, Minimum PUD Development Size, which contain the property development regulations for nonresidential zoning districts and Planned Unit Developments (PUD}, respectively. The subject site's underlying zoning designation of Commercial General 1 (CG-1) and the requested PUD Overlay rezoning both require a minimum one-(1) acre site area. Staff supports the Applicant's requested waiver. As a redevelopment project, the site is constrained by its current size of 0.80 acres due to the past expansion of U.S. Highway One. The proposed redevelopment of the site from an existing fast food restaurant to a bank/financial institution will be an overall improvement and more compatible with the adjacent properties. The Applicant is proposing to demolish the existing 2,806-square- foot fast-food restaurant and construct a new 3,450-square-foot bank. Public safety will be increased through the redesign and improvement to the site's ingress/egress from U.S. Highway One, on-site traffic circulation, and infrastructure. Other improvements include improved landscaping, road shoulder beautification, a reduction in impervious surface area, and an increase in open green space. Staff recommends approval. 6) The Applicant is requesting a waiver to City Code Section 78-344(h), Entrances and Exits, which requires at least 100 feet, or as otherwise approved by the City Engineer, of off- street stacking distance be provided between the edge of the right-of-way and the nearest intersecting drive aisle of the parking lot or location of a conflicting traffic movement. Through the redesign of the subject site, the Applicant is proposing to have approximately 70 feet of off-street stacking distance between the property line and the first conflicting traffic movement. The 70 feet of off-street stacking distance is an improvement over the existing off-street stacking distance for the current site, which is only 40 feet. Staff supports the Applicant's requested waiver. In addition, there is an additional 20 feet of off-street stacking distance between the subject site's property line and the actual driveway apron that abuts the U.S. Highway One travel lane. The City Engineer has reviewed and approved the Applicant's proposal. Staff recommends approval. 7) The Applicant is requesting a waiver from City Code Section 78-345(d)(3), Increase in Parking Spaces, which requires that any request for an increase of parking spaces equal to or greater than ten (1 0) percent of the required parking be approved by a waiver. City Code requires a bank/financial institution to have one (1) parking space per 250 gross square feet of building area. Therefore, the site is required to have a total of 14 parking spaces. The Applicant is requesting an additional ten (10) parking spaces above the 14 required for a total of 24 parking spaces. Staff supports the Applicant's requested waiver. The additional parking spaces are to accommodate the bank's seven (7) employees and customer base. The Applicant has designed the site to accommodate almost 40 percent of open space and provided double the amount of landscaping points required . Staff recommends approval. CONSISTENCY WITH COMPREHENSIVE PLAN The proposed rezoning is consistent w ith 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 Meeting Date: October 3, 2013 Ordinance 17,201 3 and Resolution 61,2013 Page 9 of 10 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 1.1.1.7.: Commercial (C): The Commercial category is intended to accommodate a wide range of retail and general commercial uses. The predominant uses range from stores offering frequently needed goods and services to nearby neighborhoods to those serving a regional market. A representative sample of uses include personal services, banking and offices, retail stores, nurseries, printing and publishing, auto repair, and medical and dental clinics and is more specifically defined in the City's Land Development Regulations. The specific regulations and uses associated with development within the areas designated Commercial will be determined during the zoning of the properties. The compatible zoning districts for this category shall be the PO, CN, CG1 , and CG2 zoning districts. The Commercial category depicts existing commercial uses and proposes future commercial areas at primary intersections and shall not be located adjacent to residential low property, unless buffered by an extended setback, or a natural or physical barrier. Commercial land uses are encouraged to be located adjacent to industrial uses, or transitional uses ~ such as land designated professional office, mixed use development, recreation and open space, public, or residential high when adequate buffer is provided. Commercial is encouraged to co-locate with other land designated with Commercial, Mixed Use Development, or Industrial land use categories. Commercial shall be located in areas that are directly accessible to a Major or Minor arterial, where water supply and wastewater collection services are provided, where police and fire service are provided economically, and where the commercial uses are spatially separated from residential categories, as required by the City's Land Development Regulations. Commercial land uses will be limited in intensity to a maximum lot coverage of 35% of the site and a maximum building height of 50 feet. The Land Development Regulations may further restrict intensities. Meeting Date: October 3, 2013 Ordinance 17, 2013 and Resolution 61 , 2013 Page 10 of 10 The subject site is approximately 0.80 acres and currently has a Commercial (C) future land- use designation. The site is bound on three (3) sides by parcels with (north, east, and south) Commercial, Residential, and Commercial land uses. The proposed bank/financial institution use is compatible with the surrounding developments. The proposed project supports the intent of the Commercial (C) land-use designation. REZONING ANALYSIS The proposed rezoning to a Planned Unit Development (PUD) overlay is consistent with the City's Land Development Regulations (Section 78-154) and Comprehensive Plan, as stated above. Rezoning the parcel from Commercial General 1 (CG-1) to a PUD overlay and maintaining the existing underlying zoning of CG-1 is consistent with the surrounding zoning designations. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On March 13, 2013, the subject petition was reviewed by the DRC. At this time, all comments related to the project have been satisfied. MINOR CONDITIONAL USE The subject site has a zoning designation of Commercial General 1 (CG-1). The CG-1 zoning designation is proposed to remain as the underlying zoning district with a Planned Unit Development (PUD) overlay . A bank/financial institution with a drive-through located within a CG-1 zoning district is classified as minor conditional use pursuant to Section 78- 159, Table 21 : Permitted, Conditional, and Prohibited Uses. On July 18, the DRC voted to approve the bank/financial institution with a drive-through as a minor conditional use on the subject site contingent upon the City Council 's approval of the development order and site plan. PLANNING, ZONING, AND APPEALS BOARD On August 13, 2013, 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 to 0. CITY COUNCIL On September 10, 2013, the City Council approved Ordinance 17 , 2013 on first reading by a vote of 5 to 0. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 17, 2013 and Resolution 61, 2013 as presented on second and final reading. r-I , -, CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Department JJPil])-/.3 -!Jd-{)OOO:l.B CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: r Pianned Community Development (PCD) !Planned Unit Development (PUD) r Amendment to PCD, PUD or Site Plan 17 Conditional Use r Amendment to the Comprehensive Plan r Administrative Approval r Administrative Appeal Project Name: Chase Bank US 1 and PGA Owner: Golden Palm Beach Investment, Inc r Annexation fZRezoni ng (7 Site Plan Review r ·concurrency Certificate r Time Extension I Miscellaneous r other Date Submitted: Applicant (if notOwner):JP Morgan Chase, NA (Leasehold Interest Holder) 240 East Palmetto Pari< Rd, 2nd Floor Applicant's Address: Boca Raton~ FL 33432 TelephoneNo.954-665-6933 Agent~ralg Carden -Core States Group Contact Person: :::.C:...:ra::o:oigL..::C=.::a:.:..:rd=-=e=n ______ _ E-Mail: CCarden@core-eng.com Agent's Mailing Address:3902 Corporex Park Drive, Suite 600 Tampa FL 33619 Agent's TelephoneNumber:_8_13-4_9_0_-1_75_5 ________________ _ Date& Time Received: -------• Application$ Engineering$. _________ _ Receipt Number: _______ _ 1 FEB 2·0 201 3 GDNs ~NING&z A h. Phillip Pryor rc 1tect: --------------------------------------------------------- E . Core States Group ngJneer: ________________________________________________________ ___ Planner: N/A --------------------------------------------------------- . Simply Verde Landscape Architect: --------------------------------------------------- Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. G I L . 0.1 miles south of the intersection of US 1 and PGA Boulevard enera ocat1on: ----------------------------------------------------- Add 11340 US Highway 1 Palm Beach Gardens ress: ----------------------------------------------------------- S . 52 T h. 43 R 42 ect1on: owns 1p: ange: ------------------------------------------ P C IN b ( ) 52-43-42-04-00-007-0030 roperty ontro um er s : ---------------------------------------------- A 0.80 · CG-1 R dZ . PUD creage: _____ Current Zoning: ______________ equeste omng: _________ __ Flood Zone_zo_n_e_c _______ Base Flood Elevation (BFE) -to be indicated on site plan. ______ _ C C h . PI L d U 0 . . Commercial urrent ompre ens1ve an an se es1gnat1on: ------------------------------- E . . l d U Commercial R d d no change x1stmg an se: equeste lan Use: --~--------------------------- P d U ( ) . h I • 1 ~ .1 'd Drive up Bank ropose se s I.e. ote, smg e ra~m y res1 enceretc.: ______ __ 3,450 SF Proposed Square Footage by Use: ------------------------------------------- ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily/ etc. (if applicable): ri/a 2 Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} 1. Explain the nature of the request: Please see attached Justification Statement. 2. What will be the impact of the proposed change on the surrounding area? Please see attached Justification Statement. 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. Please see attached 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 attached 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 attached Justification Statement. 6. Has project r~ceived concurrency certification? No DateRe~: Legal Descriptionof the Subject Property (Attach additional sheets if needed) Or see a ttached deed for legal description . Locat ion The subject property is located approximately 0 ·1 mile(s) from theintersectionof US 1 and PGA Bou levard , on thel I northQ east,[{JsouthUwest side of_u_s_1 ___ _ (street/road). ----------------------------------- 4 r I Statementof Ownership and Designationof AuthorizedAg&'lt Before me, the undersigned authority, personally appeared A..,.._ 1_b_ert_o_L_i _____ _ Golden Palm Beach Investment Ia· who, being by me frrst 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 he/ h . t " a Rezone/Development Order/Conditional Use 1 • 0 the a s e ts reques mg . --------------------------- City of Palm Beach Gardens, Florida. 3. That he/she has appointed Craig Carden -Core States Group as authorized agent on his/her behalf to accomplish the above project. N f 0 Golden Palm Beach Investment, Inc. ameo wner: · ·~~ 9401 SW 15oth St Street Address P. 0. Box 305-321-8882 TelephoneNur'nber li157@bellsouth.net · E-mail Address Alberto Li By: Name/Title Miami, FL 33176 City, State, Zip Code City, State, Zip Code Fax Number Sworn and subscribed before me this _11 _th_----:r7"F My Commission expires: 5 to act I • Applicant's Certification VWe affinn and certify that 1/we 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 J Optionee r Lessee 17 Agent r Contract Purchaser Craig Carden Print Name of Applicant 3902 Corporex Park Drive Suite 600 StreetAddress Tampa, FL 33619 City, State, Zip Code 813-490-1755 TelephoneNumber 813-490-1759 Fax Number CCarden@core-eng .com E-Mail Address 6 Palm Beach Gardens Planning and Zoning Depattment 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 form, 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 application review process. 2-11-13 Owner Date Golden Palm Beach Investment, Inc. by Alberto Li Owner printed name Property Control Number DESIGNEE/BILL TO: Core States Group 4191 Pleasant Hill Road Suite 400 Duluth, GA 30096 NOTARY ACKNOWLEDGEMENT STATE OF FLORIDA -------------------------- COUNTY OF ~\AlA( OM~ I hereby certify that the foregoing instrument was acknowledged before me this jJ_ day of February , 20.12. by Alberto Li . He or she is personally known to me o~h duced ;:10 id, 'r.. · ... • ~···~·'-"~-. MARLO E. DIEGUEZ ~ . fm\. Nollly Public • Stile of Floridi ~ otary public s1gnature • ~· 'I MY Conlin. Expiftl Apr 25, 2014 ~ -;.;"fj~ 16~ t0111181111on # DO 964306 • ,,,,,Cff.~·"' lollllell T1ltouglt Nlllonal Noiary Assn. ~ Printed ~am: State of _______ at-large My Commission expires: .,,;( 161 ZotY engineering architecture program management development services construction services CORE STATES July 18, 2013 Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Chase Bank No. 37429-US 1 and PGA Boulevard Justification Statement To Whom It May Concern: On behalf of JPMorgan Chase, Core States Group ("CSG") is providing the following letter in support ofthe proposed redevelopment of the parcel located at 11340 US Highway 1 in Palm Beach Gardens (PCN: 52-43-42-04-00-007-0030) into a new Chase Banl(. The proposed improvements on the subject parcel will include the demolition of the existing 2,806 SF fast food restaurant and related appurtenances, and the construction of a new 3,450 SF Chase Bank with a remote two (2) lane drive thru. The subject parcel is bounded to the north by a commercial car wash within the Village of North Palm Beach, to the east by the Twelve Oaks residential development in the Village of North Palm Beach, to the south by a commercial hotel development, and to the west by the US Highway 1 Right-of-Way. Based on a pre-application meeting held on January 6, 2013, the aforementioned project will require the following approvals: 1) Development Order-To approve a new Site Plan layout 2) Minor Conditional Use-To allow for a two (2) lane drive thru. 3) Rezone from General Commercial to Planned Unit Development-To allow for the redevelopment of the subject parcel and to approve the following waivers: a) Waiver 1: Reduce rear set back from ninety (90) feet to fifty-two (52) feet. [Sec. 78- 153.(6)] b) Waiver 2: Reduce rear landscape buffer from fifteen (15) feet to twelve and a quarter (12.25) feet. [Sec. 78-319.(a)(1)] c) Waiver 3: To allow for a monument sign on the subject parcel. [Sec. 78-285, Table 24] d) Waiver 4: To reduce the required minimum lot area for a PUD from one (1) acre to 0.80 acres. [Sec. 78-153, Table 12] e) Waiver 5: Reduce the ingress stacking distance from one hundred (100) to seventy (70) _ R-etJSec 78-344 (.J;I};l f) Waiver 6: To allow for ten (10) additional parking spaces above the code maximum. [Sec. 78-345.(d)(l)] g) www.core-eng.com 3902 corporex park drive. suite 600. tampa. fl33619. v: 813.490.1755. f: 813.490.1759 georgia . texas . new jersey . massachusetts . washington . missouri . florida north carolina . arkansas . califomia . GROUP June 18,2013 Standards for Development Orders and Rezones Section 78-46, Applications Procedures, ofthe City of Palm Beach Gardens Code of Ordinances and page three (3) of the Development Order application provides standards for Development Orders and Rezones. Below is a point by point justification based on these standards for the proposed development: • Explain the nature of the request. As stated above, the proposed project will consist of the demolition of the existing fast food restaurant and related appurtenances and the construction of a new 3,450 SF Chase Bank with two (2) remote drive thru lanes. The driveway connection to US Highway 1 will be modified to accommodate the proposed improvements. New internal drive aisles and parking will be constructed onsite. The proposed building is anticipated to reuse the existing points of connection for sanitary sewer service. A watermain will be relocated along US Highway 1 and a new potable service will be installed. A relocation of the existing electrical transformer serving the fast food restaurant will be required to facilitate the proposed development. In addition, to accommodate the stormwater runoff from the proposed development, a series of underground exfiltration trenches designed to meet the requirements of the City and the South Florida Water Management District (SFWMD) will be installed onsite. The improvements will include retaining walls to facilitate historic drainage patterns from the adjacent developments and an eastern screen wall to the adjacent residential area. The project includes new landscaping, tree removal, a new irrigation system and an overall increase in open space of approximately fifteen (15) percent. • What will be the impact of the proposed c!zange on the surrounding area? The proposed redevelopment will not have any adverse impacts on the surrounding community. The stormwater runoff from the existing site currently sheet flows away from the building and into adjacent properties. The proposed improvements will provide a storm water management system to collect and convey this runoff to a stormwater management system in order to minimize any impact to the surrounding area. The north and south perimeter open space will follow historic drainage pattern to the eastern property in order to facilitate existing off site conveyance. In addition, the new building will provide an aesthetically appealing building and landscaping that will help promote the City's character. The proposed project is a less intense use with better hours of operation compatible with surrounding uses. • 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, Costal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. Future Land Use-The proposed improvements comply with the Goals set in the Future Land Use section of the City's Comprehensive Plan. The proposed rezone will not change the existing Future Land Use and will remain compatible with the surrounding uses . Page 2 o f1 5 June 18, 2013 Transportation -As detailed in the accompanying Traffic Analysis performed by Land Development South, the proposed development will decrease the trips on the transportation infrastructure. Infrastructure -The proposed development will not create any additional strain on the existing potable water or sanitary sewer service. In addition, the proposed development will reduce the amount of solid waste generated by this parcel due to the change from a fast food restaurant to a fmancial institution that utilizes a private haul away service for its confidential documents and general refuse generated by employees and customers. Costal Management -In compliance with the goals stated in the Costal Management section of the City's Comprehensive Plan, the proposed improvements will be designed in such a manner as to protect the Costal Planning Area and minimize the damage to the community from hurricanes and other natural disasters and hazards. This w~ll include the design of a stormwater system that will comply with the quality and quantity requirements of the various Authorities Having Jurisdiction. Recreation and Open Space -The proposed improvement will provide adequate landscape buffers and open space to meet and/or exceed the minimal requirements as set forth by the City. The proposed development will result in an overall increase in open space of approximately fifteen (15) percent. Although a reduction in the landscape buffer along the rear property line is requested, the buffer will include the required amount of landscaping and a six (6) foot block wall for added screening. This block wall will actually be perceived as approximately eleven (11) feet tall from the adjacent residential development due to the change in grades. Intergovernmental Coordination-CSG will work with all Authorities Having Jurisdiction, including, but not limited to, The City of Palm Beach Garden, the Village of North Palm Beach, Seacoast Utility Authority, SFWMD and the Florida Department of Transportation to meet and/or exceed all governmental regulations. Capital Improvement-The proposed development is not anticipated to result in changes to the current five (5) year schedule of capital improvements for the City as detailed in the current Comprehensive Plan. • How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? It has been determined by the Forestry Department that the existing vegetation is not of significant value and that the best course of action is to select new vegetation that works with the current Site Plan. The proposed development will mitigate for any existing trees proposed to be removed to accommodate the improvements as required by the City Code of Ordinances. This site does not contain natural resources and results in an increase in open space by approximately fifteen (15) percent. • How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? Since the proposed vertical construction is not anticipated to cost more than $1,000,000.00, the proposed development will not be required to comply with the City requirements for Art in Public Places as detailed in Section 78-261 of the City's Code of Ordinances. Page 3 of15 June 18, 2013 As detailed above, it is CSG's professional opinion that the proposed development meets and/or exceeds the criteria for a Development Order and a Rezone. Minor Conditional Use Included in the proposed development is a request for a two (2) lane drive thru which will require a Minor Conditional Use. Section 78-52 of the City ofPalm Beach Gardens Code of Ordinances lists thirteen (13) criteria for a Minor Conditional Use. Provided below is a point by point justification based on these criteria and how the requested use complies with each. • Comprehensive Plan. The proposed use is consistent with the comprehensive plan. The proposed use will be consistent with the Comprehensive Plan of the City. The development of a subject parcel to a higher standard is a paramount objective of the Comprehensive Plan. • Chapter Requirements. The proposed use is consistent with all applicable requirements of this chapter. Due to constraints naturally occurring on the subject parcel, the proposed remote drive thru canopy is consistent with all but one portion, rear building setback, of the Chapter 78 -Land Development Regulations. A waiver for the reduction in the required setback is being requested and is detailed in subsequent sections of this letter. • Standards. The proposed use is consistent with the standards for such use as provided in section 78-159. The proposed use is consistent with the requirements as outlined in Chapter 78, Section 159.j.29 for a bank or financial institution located within a CG-1 zoning district. The proposed two (2) lane remote drive thru is located at the rear of the property. In addition, the proposed point of service for the drive thru lane closest to the eastern property line is separated from the residential property line by approximately fifty-eight (58) feet. The distance from the point of service to the closest residential habitable structure is approximately 153 feet. • Public Welfare . The proposed use provides for the public health safety, and welfare by: o Providing/or a safe and effective means of pedestrian access. The proposed development includes a new sidewalk connection from the proposed building to the existing sidewalk within the US Highway 1 Right-of- Way. The current Site Plan includes a bike rack for the use of the general public. o Providing for a safe and effective means of vehicular ingress and egress. Ingress and egress for the subject parcel is provided by a new driveway connection to US Highway 1. The existing connection is being improved by reducing the widTh and aligning with the dedicated left turn for southbound US Highway 1 vehicles. This connection will provide access to the site for northbound travelers on US Highway 1 by allowing for vehicles to make a right tum into the site. Given there is not a dedicated tum lane for the subject parcel, a stacking distance of seventy (70) feet is provided prior to the first point of conflict. Egress from the subject parcel will be via a right-tum only exit onto US Highway 1. Page 4 of l 5 June 18, 2013 Based on the Palm Beach County Land Development Design Standards Manual, Section 300 Driveway and Other Turnouts, attached herein for your reference, the proposed development will provide more than enough ingress stacking. According to Palm Beach County, the subject parcel would be classified as an intermediate driveway because the resulting average daily trips generated from the proposed development (511 trips) is greater than 500 but not more than 2,000. As a result, the proposed driveway would only require a fifty (50) foot ingress stacking distance from the right-of-way line, page 300-4. In addition to the Palm Beach County driveway criteria, the proposed development exceeds the minimum requirements of the Florida Department of Transportation's (FDOT) Driveway Information Guide, sections of which have been attached for your reference. Per the FDOT requirements, a small strip shopping center would be required to provide a driveway length offifty (50) feet per exhibit 36, Page 49. Based on the proposed use and the size, this project should be considered a smaller commercial development which requires a driveway length of thirty (30) feet. As detailed above, the proposed driveway was revised to provide seventy (70) feet of ingress stacking, a forty ( 40) percent increase over the minimum stacking distance as required by both the FDOT and Palm Beach County. Based on the Traffic Statement, the maximum peak hour volume of fourteen (14) cars making a right turn northbound from US Highway 1 is on average, one (1) car every 4.29 minutes. The ninety (90) foot ingress stacking proposed would provide for five (5) cars prior to a conflict on US Highway 1. This would mean that on average, 21.5 minutes would transpire before this condition was experienced. It is highly unlikely this scenario would occur prior to a conflict being resolved within the proposed parking lot. o Providing for an adequate roadway system adjacent to and in front of the site. Given that the proposed development will be a less intense use than existing, it is anticipated the roadway system adjacent to and in front of the subject parcel, US Highway 1, will provide adequate capacity to ensure the safety of the general public. This is validated by the accompanying Traffic Statement. o Providing for safe and efficient onsite traffic circulation, parking, and overall control. The proposed traffic circulation around the building and drive thru was designed to ensure the safety of the general public. Adequate safety control measures, including stop signs, pavement markings, wheel stops, raised curb, and handrails, -are proposed to help promote a safe environment for the geneial public. o Providing adequate access for public safety purposes, including fire and police protection. The proposed layout, including the fourteen (14) foot bypass lane around the drive thru and driveway connection configuration, was reviewed by the local Fire Department and was determined to be acceptable. The subject parcel was also Page 5 ofl5 June 18, 2013 designed to be compliant with the Crime Prevention Through Environmental Design guidelines. • 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: o Noise Any noise created from the proposed drive thru will be buffered via the proposed landscape and screen wall along the eastern property line. The proposed use is a low volume noise generator. o Glare The proposed use will not create additional glare that would impact the surrounding properties. The proposed drive thru will be screened from the view of adjacent properties by a screen wall to the east and landscaping to the north and south. A photometric plan is provided that shows light trespass is within the acceptable level by code while providing the required levels of lighting for security purposes. o Oder The proposed drive thru will not result in odorous adverse impacts to the surrounding properties. o Ground-, wall-, or roof-mounted mechanical equipment The proposed drive thru will have two (2) ground mounted ATM's and two (2) ground mounted VAT tubes under the canopy. The equipment will be screened from the public by a combination of landscaping, a screen wall, and the orientation of the canopy with relation to the proposed building. o Perimeter, interior and security lighting The proposed site lighting is designed to minimize trespass onto the adjacent properties while providing the require levels of lighting for security purposes. o Signs The proposed signage on the drive thru canopy is limited to directional signage and will not create an adverse impact on the adjacent properties. o Waste disposal and recycling The proposed drive thru will not generate any refuse and therefore will not require additional screening. o Outdoor storage of merchandise and vehicles The proposed drive thru will not result in the outdoor storage of merchandise or vehicles. The vehicles that do use the drive thru w ill be screened from adjacent properties by landscaping and a screen wall to the east. Page 6 of IS June 18, 2013 o V~ualir.npact The proposed drive thru is configured such that only a portion of the canopy structure will be visible from US Highway 1 and the adjacent properties. In addition, the proposed canopy will be constructed so that it is architecturally compatible with the proposed building. o Hours of operations The proposed drive thru vat tubes will be operational during the normal business hours for the proposed bank and the proposed ATMs will be available to the general public twenty-four (24) hours a day. These hours of operation are not anticipated to cause an adverse impact on the surrounding properties because of the screening provided by the proposed screen wall and landscape as well as the security measures implemented including video cameras, lighting, and mirrors. • Utilities. The proposed use r.ninir.nizes or elir.ninates the ir.npact of utility installation, including underground and overhead utilities, on adjacent properties. The proposed use will not require the installation of any additional utilities on the adjacent properties. All proposed utilities will be installed underground. • Dir.nensional standards. The proposed use r.neets or exceeds all dir.nensional requirer.nents required by the Chapter. The proposed drive thru meets the majority of the dimensional requirements as stated in Chapter 78, Land Development Regulations. However, due to the existing size and configuration of the subject parcel, the required building setback to the rear property line cannot be meet and a waiver is being requested to mitigate for this deficiency. • Neighborhood plans. The proposed use is consistent with the goals, objectives, polices, and standard of neighborhood hood plans. The proposed use is not located within a special neighborhood as outlined in the Palm Beach Gardens Code of Ordinances. • Cor.npatibility. The overall cor.npatibility of the proposed developr.nent with adjacent and area uses, and character of area developr.nent. Based on the surrounding developments, including, but not limited to, a commercial hotel, a walk in bank, general commercial retail stores, and a car wash, the proposed use is compatible with the surrounding area. In addition, the intensity of the proposed development does not exceed that of the surrounding parcels. • Patterns of development. The proposed use will result in logical, tir.nely, and orderly developr.nent patterns. The proposed use will allow for a logical development of the area by providing the surrounding community with a convenient and easy point of service for their banking needs. In addition, the requested use would be an orderly development because it would be the only bank drive thru within the immediate area and therefore would not create an area oversaturated with similar uses. In addition, the improvements will add value to the land that has been developed and upgrade property near the City jurisdictional boundaries. Page 7 of15 June 18, 2013 • 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 general purpose and intent of Chapter 78, Land Development Regulations, is to allow for the development of parcels in such a manner as to provide an overall increase in the surrounding community. The proposed use will provide the community a service that is not offered within the general vicinity of the subject parcel and one that will provide a convenience to the general public. • Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts caused by the intensity of the use. As described above, the proposed drive thru will be screened from view through a combination of landscaping and location that reduces any visual impact to the surrounding area. In addition, the proposed drive thru canopy will be architecturally compatible with the proposed building, which in turn, reduces any adverse visual impacts cause by the proposed use. • 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 proposed use and the proposed overall development will include a stormwater management system that provides treatment and reduces the runoff from the subject parcel. In addition, the landscape buffer along the southern property line and the overall site were designed to preserve as many existing trees as possible, reducing the environmental impact of the proposed use and overall development. The proposed development also results in an increase of open space by approximately fifteen ( 15) percent. Based on the above listed Conditional Use Criteria, it is Core States professional opinion that the proposed use meets the requirements for Minor Conditional Use. Waivers As referenced above, the proposed development will include a request for seven (7) waivers in order to facilitate the improvements depicted on the accompanying construction plans. Pursuant to Chapter 78, Section 158.i, a waiver request must comply with eleven (11) criteria in order to be approved by the City Council. Provided below is a point by point justification based on these criteria and how the requested waivers, listed below, meet each. ~ Waiver 1: Reduce rear set back from ninety (90) feet to fifty-two (52) feet. [Sec. 78- 153.(6)] ~ Waiver 2: Reduce rear landscape buffer from fifteen (15) feet to twelve and a quarter (12.25) feet. [Sec. 78-186(b)(10)(a)(l)] ~ Waiver 3: To allow for a monument sign on the subject parcel. [Sec. 78-285, Table 24] ~ Waiver 4: To reduce the required minimum lot area for a PUD from one (1) acre to 0.80 acres. [Sec. 78-153, Table 12] Page 8 ofl5 June 18, 2013 ~ Waiver 5: Reduce the ingress stacking distance from one hundred (100) to seventy (70) feet. [Sec. 78-344.(h)] ~ Waiver 6: To allow for ten (10) additional parking spaces above the code maximum. [Sec. 78-345.(d)(1)] ~ Waiver 7 : To allow proposed screen wall offset two (2) feet from eastern property line. [Sec. 78-186(b)(lO)(a)(l)] • The request is consistent with the City's Comprehensive Plan. Waivers 1-7 The requested waivers are consistent with the intent of the City's Comprehensive Plan. The intent of the Plan is to allow for the prompt development of land in a manner that is safe and beneficial to the community as a whole. The requested waivers are required in order for the subject parcel to be developed to its fullest potential while providing a community centered place of business and maintaining public safety. • The request is consistent with the purpose and intent of this section. Waiver 1: The requested waiver to reduce the rear building setback to fifty-two (52) feet is consistent with the intent of Chapter 78, Land Development Regulations. Although the required building setback is ninety (90) feet from the eastern property line due to the adjacent residential area, the nearest inhabited structure is approximately ninety-six (96) from the southern property line, resulting in a 147.5 foot separation of the nearest residential structure and the proposed remote drive thru canopy. The next closest residential structure is eighty (80) feet from the southern property line and 155 feet from the proposed remote drive thru canopy. In addition, the proposed main building is located the required ninety (90) feet from the property line, providing additional separation. Waiver2: The reduction in the rear landscape buffer is consistent with the intent of the Land Development Regulations in that the proposed landscape buffer will provide adequate buffering between the subject parcel and the residential parcel to the east. The proposed buffer will include a six ( 6) foot tall concrete block wall (eleven ( 11) feet tall as viewed from the residential property) that will provide additional screening of the subject parcel from the residential development to the east. In addition, the green space provided in this mea will be landscaped to ptovide an aesthetica:lly:pieasingbnffeJ. Atnrpptox:hnatety twenty-five (25) foot wide open space landscape island is proposed between the point of service for the drive thru and the stacking lane which further screens/buffers the proposed drive thru canopy. Furthermore, a twelve (12) to fifteen (15) ficus hedge and a chain link fence exists on the residential property directly adjacent to the east boundary. Page 9 of 15 June 18, 2013 Waivers 3-5 The requested waivers 3, 4 and 5 are required in order to develop the subject parcel into a functional and community friendly development. Due to the small size of the subject parcel, the minimum frontage required for a monument sign, minimum lot area, and ingress stacking cannot be provided. However, the subject parcel was designed with the intent of providing a request that was as close to the requirement as possible, while maintaining a safe and logical overall site layout and circulation. Waiver6 The requested waiver is consistent with the intent of the Land Development Regulations in that it is required to provide the adequate parking for both customers and employees while maintaining a safe and efficient traffic circulation pattern. Waiver7 The requested waiver to reduce the wall offset by two (2) feet is consistent with the intent of the Land Development Regulations because it will still provide the required screening while allowing for the eastern landscape buffer to be planted as required by code and by providing a better alignment with the existing wall and fences on the adjacent properties. The existing twelve (12) to fifteen (15) foot tall ficus hedge directly adjacent to the proposed wall will provide the landscaping required on the outside of the wall. By reducing the setback, security is improved by limiting the ability of abnormal users or transients to hide or camp in this secluded area. • 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. Waivers 1-7 The requested waivers will be necessary in order to allow for the proposed redevelopment of the subject parcel. With the development of the subject parcel, the existing structure will be replaced with a more visually pleasing building while reducing the number of trips to and from the subject parcel due to the reduction in intensity. In addition, the proposed development will generate new, high wage jobs for the local community. • The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUD's. Waivers 1-7 With the grcmtmg ofthe aforementioned -wanets, the ptoposed development will exceed the minimum requirements of other sections of the Land Development Regulations. With the granting of the requested waivers, the proposed development will provide approximately forty ( 40.00) percent open space, which is well above the required fifteen (15) percent. In addition, the proposed landscape buffers in all areas except the rear, are larger that required per the Land Development Regulations. This in turn will also result Page 10 of 15 June 18, 2013 in additional landscape throughout the development that will increase the overall appeal of the subject parcel. • The request for one or more waivers results from innovative design in which other minimum standards are exceeded. Waivers 1-7 Due to existing constraints on the parcel, parcel size and layout, and the limitation placed of the parcel by the Land Development Regulations, the design of the subject parcel required a creative use of space. The minimum building square footage and drive thru lanes of the client's business model were incorporated to provide additional open space and landscape area. Existing vegetation was preserved where practical to provide a mixture of mature and new vegetation. However, not all portions of the Land Development Regulations could be incorporated into the proposed design and therefore, the above referenced waivers will be necessary. In addition, given that the subject parcel does not currently have a stormwater management system, the improvements were designed to provide stormwater treatment and controlled discharge of runoff from the impervious surfaces. • The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally sensitive lands, drainage and recharge area and coastal areas. Waivers 1-7 The subject parcel currently does not have a stormwater management system and as a result, the runoff from the existing impervious area sheet flows away from the existing building and into the adjacent properties and the US Highway 1 Right-of-Way. By granted the requested waivers, the subject parcel can be developed and a stormwater management system can be constructed to reduce and treat the runoff into the adjacent properties. No wetlands or other environmentally sensitive lands are located on the subject parcel and therefore, the proposed development will not adversely impact these lands. • 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. Waiver 1 By granting the requested waiver to reduce the rear building setback from ninety (90) feet ro fifty=twu (-;';1) feet; the pmpo:sed development witt be able ro incorporate an architecturally compatible canopy over the proposed drive thru. This canopy, a desirable building technique, will provide the community with an improved interaction with the drive thru lanes and with the proposed development as a whole. The public will be able to access the ATMs twenty-four (24) hours a day from the safety of their vehicles or use vacuum tubes during business hours for other banking needs. Page 11 of15 June 18, 2013 Wairer2 The request to reduathe widtluf the rear landscape buffer is required in order to provile adequate mlic circulain around the site and proper turning radius for the prop!sed drive thru. The requna bypass lane has been reduced to the minimum required by tht Fire Marshallften and tke-quarters (10.75) feet. Wai~ers 3 The tequested waiv•is requireln order to provide a monument sign, generally con!i>tent with the aisting mo1m1ent sign, on the subject parcel. The use of a molliiilent sign is a~sirable d~ technique in that it provides direction and infomation as to wlt is locatelm the subject parcel to the general pul>lic in a safe and con~nsed format. I.e subjectfl'cellacks visibility from the south due to the adjacent hotel and alignmentlfUS HiglEy 1 and a monument sign provides a needed iden1ification to theJlblic trav€1J.g north bound on US Highway 1. Proper identification will inprove traffic.ttems on IS Highway 1 by limiting sudden stops and U-turn movements. Wai1er4 The request to allov;l)r a redmim in the minimum area for a Planned Unit Development is duet> the existig condition of the lot and is the only design practice that would allow for the~velopme~f the subject parcel in the proposed manner. Wai1er 5 The tequested redu<i>n in ingnE stacking is required in order to allow for proper traffic circtlttion around t:Rsite. The1111bject parcel has been designed with the maximum amomt of stacking ir the in~ drive aisle in order to provide the most benefit to the genaal public as palible. Basei on the Palm l:ach Court Land Development Design Standards Manual, Section 3 00 Driveway and .lther Turtalts, attached herein for your reference, the proposed devei)pment will p•ide morelan enough ingress stacking. According to Palm Beach Couay, the subjectwrrcel wo.-be classified as an intermediate driveway because the resdng average diy trips gaerated from the proposed development (511 trips) is greaer than 500 bm.>t more tJm 2,000. As a result, the proposed driveway would only requ•e a fifty (50) fitt ingress Acking distance from the right-of-way line, page 300-4. In allition to the lllm Beac.County driveway criteria, the proposed development exceeds the mininin requirolents of the Florida Department of Transportation's (FDOT) Driveway tformationfiuide, sections of which have been attached for your refermce. Per the •oT requimlents, a small strip shopping center would be required te JKFliee a ElrP;e'""'' leR@tk ~· (~~ feet_per Mltieit 39, J!age 49. Qase8 ea the propased use and .t;: size, ~ project should be considered a smaller commercial development which•quires a ci.reway length of thirty (30) feet. As detailed above, the proposed driveway IllS revisedl> provide seventy (70) feet of ingre~ stacking, a forty ( 40) percent increasmver the m..imum stacking distance as required by both the FDOT and Palm Beach Co.ty. Page 12 of 15 June 18, 2013 Based on the Traffic Statement, the maximum peak hour volume of fourteen (14) cars making a right turn northbound from US Highway 1 is on average, one (1) car every 4.29 minutes. The ninety (90) foot ingress stacking proposed would provide for five (5) cars prior to a conflict on US Highway 1. This would mean that on average, 21.5 minutes would transpire before this condition was experienced. It is highly unlikely this scenario would occur prior to a conflict being resolved within the proposed parking lot. It should be noted the peak hour on northbound US Highway 1 is in the PM Peak, which corresponds with the Bank peak hour. Therefore, the increased volume present on US Highway 1 in the PM peak hour would slow down traffic to below forty-five (45) miles per hour. The proposed development is also in close proximity to an existing traffic light that would further reduce the speed of traffic on US Highway 1. Additionally, US Highway 1 has a dedicated southbound left turn lane which makes it even more unlikely this waiver would present an issue for southbound vehicles. Providing the required one hundred (1 00) feet ingress stacking is not logical or reasonable given the nature of the subject parcel and the proposed development and the information provided above. Waiver6 The request for additional parking is necessary in order to provide enough parking for the proposed bank's employees (six (6) to seven (7) typically) and its potential customers in such a manner as to ensure a safe and efficient traffic circulation throughout the subject parcel. The public would use the block of seventeen (17) closest to the entrance while the offset seven spaces would be ideal for employees. Chase's extensive experience in the market has shown that this is a desired level of parking for operations and customer satisfaction. Waiver? The requested waiver will provide a benefit to the general public by increasing the area allowable for landscaping in the rear landscape buffer. As stated above, this landscape area has been reduced due to the need for adequate traffic circulation and if the wall was set the required distance off the property line, no substantial landscaping would fit in the resulting open space. Therefore, the requested waiver will provide the general public with additional buffering and allow for the use of desirable site design techniques. Placement of the wall closer to the property line improves security by eliminating the ability for undesirable activity in this secluded area. • Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. Waiver 1-2 In eenjtmet:ien nith the reqttested lvai'ters, adeqttate sereemng ttnci b~io:g will be provided along the rear property line. The rear buffer will include a six ( 6) foot block wall (eleven (11) feet as viewed by the adjacent property) to screen the subject parcel from the residential development to the east. These waivers are not anticipated to cause adverse impacts. The property is further screened by a twelve (12) t o fifteen (15) foot tall ficus hedge and chain link fence on the adjacent property. Page 13 of15 June 18, 2013 Waivers 3-5 The requested waivers 3 through 5 will not create an adverse impact on the adjacent uses and therefore will not require any additional buffering or screening. Waiver6 In tandem with the request for additional parking, the proposed development will include landscaping along the property lines and preservation of existing mature trees greater than required to screen the proposed vehicular use area for the view of adjacent parcels and the US 1 Right-of-Way. Waiver? The requested waiver will not create an adverse impact on the adjacent property because an existing twelve (12) to fifteen (15) foot tall ficus hedge and chain link fence will remain along the shared property line. This fence and landscaping will provide screening for the proposed retaining and screen wall regardless if the wall is set two (2) feet or five ( 5) feet from the property line. By allowing for the requested reduction, buffering of the proposed screen wall can be provided on the subject parcel while eliminating landscape maintenance and security issues on the outside of the wall. • The request is not based solely or predominantly on economic reasons. Waivers 1-7 The waivers requested for the proposed development are required due to constraints placed on the subject parcel by the layout and size of the existing parcel. Due to the minimal size, topography and elongated layout the subject parcel, setbacks, buffers, stacking distances, and signage requirements could not be meet. As stated previously, the proposed building and number of drive thru lanes is the minimal size to operate Chase's business model as a freestanding fmancial institution. • The request will be compatible with existing and potential/and uses adjacent to the development site. Waivers 1-7 The requested waivers will result in a development that is compatible with the surrounding area. In the immediate vicinity of the subject parcel are several general commercial retail stores that are of similar use as the proposed development. • 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 health, safety and welfare. Waivers 1-7 Although the requested waivers are a deviation from the Land Development Regulations, they do follow the intent of the code by ensuring that the proposed development is not detrimental to the overall safety of the general public . Any reductions or deviations requested are the minimum necessary and will not create a situation in which the safety of the public is in jeopardy, create any adverse conditions either onsite or on adjacent properties. Page 14 of15 June 18, 2013 Based on the above listed Waiver Criteria, it is Core States professional opinion that the requested waivers meet the requirements as listed above. In addition, it is Core States belief that the proposed overall development will greatly improve the appearance, functionality, and value of the subject parcel and the surrounding parcels as a whole. The proposed development will create a site that is both aesthetically pleasing and function. The proposed development was designed with the functionality of all parties that may use the services provided in mind, including but not limited to the general public, the fire department, police department and Chase Bank Operations. The proposed site design did not include a loading zone or a dumpster enclosure onsite for specific reasons. A loading zone was not included because any deliveries the proposed development will receive will be from a vendor with a delivery truck capable of parking in a standard parking space. As for not providing a dumpster enclosure, the proposed development will utilize the services of a private cleaning company that will haul away any refuse generated by the employees and/or customers. Confidential documents are handled by a shredding document service. Included on the accompanying Site Plan is an area designated for a future dumpster should the subject parcel be sold and occupied by a different owner. This future dumpster location can work at many locations but is shown as just one potential option. Should you need any further information or have any questions, please feel free to contact us at (813) 490-1755. Sincerely, Craig J. Carden, P .E. Core States Group Page 15 of 15 Location Map 11340 U .S. Highway 1 .. LAND . DESIGN SOUTH Revised April 4, 2013 February 14, 2013 Craig J. Carden, P.E. Core States Group Planning Landscape Architecture Environmental Transportation Graphic Design v. 813.490.1755 m. 813.415.5618 Re: Chase Bank Palm Beach Gardens-Traffic Statement PCN No. 52-43-42-04-00-007-0030 Dear Mr. Carden, Land Design South (LDS) has been retained to evaluate a traffic analysis to determine compliance with the Palm Beach County (PBC)-Trajjic Performance Standards (TPS)-Article 12 of the PBC Unified LAnd Development Code (UI.DC). This traffic equivalence statement is associated with the Site Plan Amendment for the Chase Bank-Store No 37429 property. The project is located east of US-1, just south of PGA Blvd in Palm Beach Gardens, Florida. Figure 1 shows an aerial view of the project location in relation to the transportation network. This request is to replace a 2,806 SF Fast-Food Restaurant with Drive-Thru with a 3,450 SF Drive-In Bank. The ±0.80 acre site is currently operating as a Wendy's which has been in operation for more than five (5) years. Parcel Control Number associated with this project is: 52-43-42-04-00-007-0030. See Exhibit 1 for a copy of the Property Appraiser summary data for the site, Exhibit 2 for a copy of the latest survey, and, Exhibit 3 for a copy of the proposed site plan. Project trip generation and pass-by traffic rates were based on the PBC Trip Generation Rates dated September 1, 2011. Table 1 summarizes the rates used in order to determine the trip generation for Daily, AM, and PM peak hour conditions while Table 2 shows the net Daily, AM, and PM peak trips potentially generated by the proposed development. www .Ia ndd eslgnsouth .com Based on the PBC -TPS and the Land Development Design Standards Manual, a left-tum lane is required at each driveway where inbound peak hour left-turning traffic is equal or grater than 30 vehicles. A right-tum Figure 1: Project Location-Aerial View lane is required at each driveway where street Average Daily Traffic (AD1) volumes exceed 10,000 vehicles per day, and driveway daily volume is grater than 1,000 trips, with inbound peak hour right-turning traffic being at least 75 vehicles. ITE Land Use Code Fast Food Restaurant + DT 934 Drive-In Bank 912 2013 _04_04_Cbase Bank PBG_1979.1.doc 400 Columbia Drive, Suite 110 501 SE Port St. lucie Boulevard 919 Lake Baldwin Lane Table 1: Trip Generation Rates Dally Pass-By 496.12 49.00% 148.15 47.00% West Palm leach Port St. Lucie Orlando In 51% 56% AM Peak Hour Out 49% 44% Florida 33409 Florida 34986 Florida 32814 PM Peak Hour Total In 49.35 52% 12.35 50% (561) 478-8501 (772) 871-7778 (407) 233-1367 Out 48% 50% Total 33.84 25.82 Page 1 of2 Table 2: Trip Generation AM Pcak!Hour I PM Peak Hour I LaadUae I Intensity Daily I I In I Ou~ I Total I In I Out I Total I Exi&dlllf Devr:lopment Fast Food Restaurant+ DT I 2,806 SF 1,392 I 70 I 68 I 138 I 49 I 46 I 95 Pus-By Fast Food Restaurant + DT I 49% 682 I 34 I 34 I 68 I 24 I 23 I 47 Net Exi61i111f Tn11ic 710 I .J6 I 34 I 70 I 25 I 23 I 48 Prop011cd Development Drive-In Bank I 3,450SF 511 I 24 I 19 I 43 I 45 I 44 I 89 Pass-By Drive-In Bank I 47% 240 I 11 I 9 I 20 I 21 I 21 I 42 Net Proposed TmRic 271 I 13 I 10 I 23 I 24 I 23 I 47 N~t Traffic (439) (23) (24) (47) (1) (1) Figure 2 provides Daily, AM and PM peak hour driveway volumes for the Chase Bank-Store No 37429 property. Based on the information presented in this f.tgure, PBC - TPS, and the Lutd De111Jopment Design Standards Man11al, additional tum lanes are not required at the project driveway. The property bas been built for more than ftve years. Therefore, according to Chapter A Section .J.B.2, a project shall be eligible for a credit agsinst Project Trafftc if the structure or land on the property has been in use for more than fJVe years prior to the time of application. This analysis shows that the proposed development will not generate additional trips. The proposed Site Plan for the Chase Bank-Store No 37429 development has been evaluated following the PBC TPS -ArlMe 12 of the PBC ULDC This analysis shows that the proposed development will be in compliance with the: PBC TPS -Arlirle 12 of the PBCUWC. Sincerely, I Legend AM :XX PM (XX) Figure 2: Project Driveway Volumes Exhibit 2: SurTey Exhibit l: PropoKd Site: Plan 201l_04_04_Cbaae Bank PB<U979.1.doc 400 Columbia Orlve, Suite I 10 501 SE Port St. lucie Boulevad 919 lake 8oldwln Lone West Pdm leach Port St. Lucie Orlando Page 2of2 Florida 33409 (561' .. 78-8501 Florida 3 .. 986 (7n) 871-7778 Florida 32814 (.C07) 233-1367 1 ofl Location Address 11 340 US HIGHWAY 1 M uniclpallty PALM BEACH GARDENS Parcel Control Number 52·43·42·04·00·007·0030 Subdivision ~--------------- Official Records Book 18243 Page 1304 Sale Date MAR-2005 L I D • tl 4·42·43 , S 1 SO FT OF N 750 FT OF GOV LT 7 LYG E OF FEDERAL HWY /LESS ega escnp on CORD R/W/ -.· Owners ,GOLDEN PALM BEACH INVESTMENT INC Mailing address 1928 SW 16TH TER M lAM I FL 33145 2108 Sales Date MAR-2005 MAR·2005 JUL-2004 JUL-2004 l JUN-2004 1 2 Price $10 $1,307,000 $10 $10 $100 OR Book/Page 18243 I 1304 1824311280 17347 I 1679 17347 I 1676 17168 I 0920 Sale Type QUITCLAIM WARRANTY DEED QUITCLAIM WARRANTY DEED QUITCLAIM Owner GOLDEN PALM BEACH INVESTMENT INC GOLDEN PALM BEACH INVESTMENT INC DELGADO SERGIO DELGADO SERGIO DELGADO SERGIO No Exemption Information Available . j Number of Units 0 *Total Square feet 2468 Acres 0.8006 Use Code 2200 ·ltESTAURANT, 01UVE IN Zon i ng Cl • ( 52·PALM BEACH CAROENS) .,..; Tax Year 2012 2011 2010 Improvement Value $259,251 $265,621 S263,754 Land Value $361,305 $372,622 $487,204 Total Market Value $620,556 $638,243 S750,958 All values are as of january 1st each year ( Tax Year 2012 2011 2010 Assessed Value $620,556 $638,243 S750,958 Exemption Amount so so so Taxable Value $620,556 $638,243 S750,958 Tax Year 2012 2011 2010 Ad Valorem $13,410 $14,071 $16,700 Non Ad Valorem $3,114 $3,153 $2,907 Total tax $16,524 $1 7,224 $19,607 Exhibit 1 2/13/2013 8:05 AM ....!£1ii!!!2.. ~) ICCIPI"OIU'fla£ IS)""'""" l) ut/HII'OST --""" ,.,.,. ~..t..lll I'OtiiMIDITIIDDIICNC£Itlf.JNI.ItlmT U.S a:lliiiOIOI'Mot:l(ntU:rt.ll!' . -' ,_,. . """ lfl' •aM~W.If' :ljt MEJIJfJIWIT ., .IOIXJ~I"(U ""' t!t£W «n £(JJII. ElltitCJ'I'AWJIDf1' eM COIICIIC1rii/JMJMINT I'.LS.~I.MtDSUtl€nl'r I'A.M.I"DDIINNDDTifEI't1tOICiti#OIMIDIT FJ'.£ FHS10fi.«JJf~1KJN • -~-KAUSS. DA lfD 4t ... 11;]70 US HIGHWAY I NORTH PAUl BCACH, Fl .JJ408 (6B4J42fH()()(J()70040} TRA CT "A" PLAT OF COI>IFOR T INN PLAT BOOK 79, PAC£ 151 SA 1<?1. OF FLORIDA, INC. GR££NWA Y AT TH£ GARDENS LLC 2555 IIERCE:OES DRIVE FT. /51~'NJg:~9oo'looJJ/16 GRAPHIC SCALE ko-a.u--' AL TA/ACSM LAND TITLE SURVEY A PORTION OF GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43 EAST PALM BEACH GARDENS. PA LM BEACH COUNTY, FLORIDA. THFL VF OAKS CONDOS PLAT BOOK .JI, PAGE 480-•9 (6B4.1420400010000} ~NOTES: :;.:o~nr:r; ::;,:rr~nfl!'OF"'..u_~~IER£0N~~~ ro AS-aAlT Q'MIIIGS NoiVbf' ON-S/TC Lrx::ATION A/flO $HOU.J'J 6£ IQIPD 8UfJifE CONSfRtiCr10N z. NOATTEJIPTIMS'ItiADCBYTH/SnRM 7D LOOitF~ I'0071NOSOF"BUUJINGS 01t FrNC£S ON OR AO.JM:;Off 7D THIS snE J. 1AN0S SHOWN HEllWN ~ st.IIM:)Ul IN ~ llfTH F«J,JTY N4nr:w4l 11Tl.£ fNSURANCE ~ ORO£R NO. .J871J067, EFFECTM ll41F.-APRIL 14 1012 AT ll«J AAt SQIIaiC.C£ 8 --SErmON • ~"t: ~r':s 2.1~:ftJ";'::: t:/f PO U AnrCTS SIAI.KCT l'ffOPOfTY AND IS 1H£ £1«%1'710N /'1: ORB IU61, Pt: 8111 -AFffCTS PROP!RTY. IJNilt.OrTAfJI.E f. II£NIINtJ$ Slfi(JWN H£RC0N RUER roAN ASSUWal MCRJDIAN CJF N.IS'IZ'rJ1"'W. M.ONfl rHC NOifTH UN£ OF TRACT 'i4• PU.T OF COl/FORT INN .l AU atHI1¥WS ARC lMSlro ON loMi't;Wo4t ~ ~ 04I'UII IU.. & Ul34(. D£SiC1liP'T'1() FtllNISHW 8Y aJf1tT. (7TTr£ otMMIIIt:Nf) T. SI7C MIP J4,1J&, ~ flir OR 0.110 AC1ia MOifC Olt USS. 4 ~ Df1lll£ fllR(JII£1fTY ~ HCR£DN L£S Ill flOOD 1:'; CfJMMNTY I'WC1 Ml lzztl 00tV B tMlm: ./lltNlMJ'.l ,,. Jl iiO~ElUM:£0F£NITHMMW 1101!111( lltJt/lJJiflt;OON!i11fu:110NOif/JU(JIINI;AD01110NS. tO. 1HCR£ MS NO OII:SPIWiaC ~OF THIS 511£ lltJNC LGm AS A $DVD MS1F DC.11r, SUi1P ,.....,..,.._.,_ II. A/XJff1IOHS OROCLCTIONS 10 stfl'loEY.tW!SORR£PIOII1SIYOIIER rH4N lHC~PNfl'YOR PNmES/SI¥IOHIBITlD WfTHOUT fllfiTTEN CONSENT OF rHC SICJiMC IWn'YOit ~ ...... T' .,, BL OO MSTER . PROFESSIONAL LAND SURVEYORS, INC , ........ .... ...,. :::,/ :::. I:.-. 6 41 NORTHEAST SPENCER S'IR£ET .ENSCN «Aat nailll4 .u9.57 PHfM£ 772-J.J.I-0866 PREPARED FOR: CORE STATES GROUP 11.140 U.S. HIGHWAY NO, I PALM BeACH GA/10€N$, PAW BeACH COUN TY. FL0/1/DA I t f ' ,; ~~ I ,, ,, •• ;Ill hll t.r:l ~ g: .. c..> Ji'i"S~'"'''-L_7-' -/--~-~~~:r~":~~'r ........... ,.;.... ' ... -frt:riMf(JFU.S.'*flll/llYNt(J. I .. ' .,· I ~~~~; ... ~~~. ~If """''*.,. .cM!Ictr.-...,_,1/)r -\. 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MI'BI TO MCHITECTt.IW.I'I..A* FCR-.DNG N«J CNitOfiV DITM.l. I. AU.NIW-.o.GANOifTIIIOJWaiWIU.CCIWLYMTHZOfMGI ......TIONI. .. AU.~I'RIOM....mnYIJNQMI!.I'I!!RPBUCULMI.N.DI .,_ ........ 4.. CCINTRioCTCitTOIOOAU.~MV.UN.DtNOTE001"tERWIE. I. CCINTIVoCTCftTOINITAU.MEOIUMOUTYAif'tW.TINAU.MV& .. ~~~~r::m.~~ J, AU.I.NCIICN'lAMMMfE.TOIEIIRIIMlmwmtM~rt8T&I I"'II\\IDDNN100W.CCM!IJW:JE. IRRICM.T1CINsv.T&IItWJ.INCI..I.O!MINANO .... _ I. IOUDWMTICCILLICI10NFOR"Til·~~WLLU"TI.IZIA PROPAIITMVHAI.LAWAYI$\IICE. REQUESTED WAIVERS: t. AEARIIt.M.D1NI)IETMCKAEOUCTIONFAOWiki'T01rl • I. AEM~II.WI'eRfEJUCTIOHI'AOIII1r/TOI'. I. AEQI.JRBENTOIIOOIJ'PROHTAGI.FORA~IIQN.. 4.. AEQI.IIIEY!!NTRIRIACMLOTIIZE"It)UCIACitQ. I. N!DUCTICININITACICINQ~TOIIII'II!TFORTHEOU1".:JI! Ofii\&TlRJ LNE ON. YTO MCl\IIIE A IY.f'MI LANE. P-GTABU I ......... 1-•-1="- ......0(1111R··~ .. ' .. -.. ' . PR.M PDlUANOIT/IE. · ~-o. FJ.~ 1,.11. UCEJrS£1) "" ..,_. -1®~1 THE CONTRACTOR • ..a:IFICMLY CNJTIONED l*T THE LOCA"OONNCIIOICEI&'A11CINOI-EICII"T"INQtm..ITUM ...:rMII ON THUe I'I.Ntl. MIED ON DU1QM DMW1NG1. MCCJN)I OF THEVAitiOUa UTUTYCOMI"ANE.t,IKJYIN!N!~ ~TAKENINTHEFIB.D. CXIIIPTATU,INC.DOEa NOT GI..WWfnE TliAT LCICATlONI...:rMII MI!.IXACT. THE COHT1W:TOR Ml*T OCINTACTTI£ """""""'TE UTUTY CCIIIPANaAT L...EMT 12 HOI.RIIIEPCIM:N«EXCA.VAT1CINTO AEQUE8T EXACT FELD I.OC4TJONI OF I1T1JT1EI. ~ I ..,9~ 0~~ z~~ ~6g ~ IDi) ".' C3 ~ ~ll.~ ~~~ ~~i 0 = 0 lU ~ J: u 5 II.. w 1- Ci) .. :0 :: 0 I I ' l!ht .!!H ~~ill 8 0 " s .. ~ I § I I till! 'li I!J• ~J~!f,JIUIJ l:hl~l•1'f I ~~itlilfi J. ltMUhiU ~ ! II! I~ I C-5 1 OF1 1 ORDINANCE 17, 2013 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 0.80 ACRES IN SIZE, MORE OR 9 LESS, LOCATED 500 FEET SOUTH OF THE INTERSECTION OF 10 PGA BOULEVARD AND U.S. HIGHWAY ONE ALONG THE EAST 11 SIDE OF U.S. HIGHWAY ONE, TO BE KNOWN AS THE CHASE 12 BANK PLANNED UNIT DEVELOPMENT (PUD); PROVIDING THAT 13 THIS PARCEL OF REAL PROPERTY, WHICH IS MORE 14 PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE 15 CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT 16 (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION 17 OF COMMERCIAL GENERAL 1 (CG-1); PROVIDING THAT THE 18 ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE 19 AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, 20 A 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 (LDRs), is authorized and 27 empowered to consider petitions related to zoning and land development orders; and 28 29 WHEREAS, the subject site is currently zoned Commercial General 1 (CG-1) 30 and has a future land-use designation of Commercial (C); and 31 32 WHEREAS, the Planning and Zoning Department has reviewed the application, 33 has determined that it is sufficient and consistent with the City's Comprehensive Plan 34 and Land Development Regulations, and has recommended approval; and 35 36 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its 37 August 13, 2013, meeting and recommended approval of the subject petition (PPUD- 38 13-03-000028) by a vote of 7 to 0; and 39 40 WHEREAS, the City Council has considered the evidence and testimony 41 presented by the Applicant and other interested parties and the recommendations of the 42 various City of Palm Beach Gardens reviewing agencies and staff; and 43 44 WHEREAS, the City Council deems approval of this Ordinance to be in the best 45 interests of the health, safety, and welfare of the residents and citizens of the City of 46 Palm Beach Gardens and the public at large; and Page 1 of 3 Ordinance 17, 2013 1 WHEREAS, the City Council has determined that this Ordinance is consistent 2 with the City's Comprehensive Plan based on the following findings of fact: 3 4 1. The proposed rezoning of Planned Unit Development (PUD) Overlay with 5 an underlying zoning of Commercial General 1 (CG-1) is consistent with the 6 future land-use designation of Commercial (C). 7 8 2. The proposed rezoning is in harmony with the general purpose and intent of 9 the Comprehensive Plan and the Land Development Regulations (LDRs), 10 and is compatible with the intensity and density of the surrounding , existing , 11 and future land uses. 12 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OF PALM BEACH GARDENS, FLORIDA that: 16 17 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 18 19 SECTION 2. That certain parcel of real property located within the corporate 20 limits of the City of Palm Beach Gardens comprised of one (1) parcel totaling 21 approximately 0.80 acres, more or less, located along the east side of U.S. Highway 22 One 500 feet south of the intersection of PGA Boulevard and U.S. Highway One, and 23 currently zoned Commercial General 1 (CG-1) according to the City zoning map, is 24 hereby zoned Planned Unit Development (PUD) Overlay with an underlying zoning 25 designation of Commercial General 1 (CG-1) and is legally described as follows: 26 27 (See Exhibit "A" for Legal Description) 28 29 SECTION 3. The City Zoning Map is hereby amended to conform to this 30 Ordinance, and the City Manager is hereby authorized and directed to make appropriate 31 changes to the City Zoning Map. 32 33 SECTION 4. All ordinances or parts of ordinances in conflict be and the same 34 are hereby repealed . 35 36 SECTION 5. Should any section or provision of this Ordinance or any portion 37 thereof, any paragraph, sentence , or word be declared by a Court of competent 38 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 39 this Ordinance. 40 41 SECTION 6. This Ordinance shal become effective immediately upon adoption. 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 Ordinance 17 , 2013 ,~ PASSED this LO-day of Sft'11?'16ht-, 2013, upon first reading. PASSED AND ADOPTED this __ day of ______ , 2013, upon second and final reading. CITY OF PALM BEACH GARDENS BY: --------------Robert G. Premuroso, Mayor Eric Jablin, Vice Mayor Joseph R. Russo, Councilmember Marcie Tinsley, Councilmember David Levy, 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\2013\0rdinance 17 2013-Rezoning-Chase Bank.docx Page 3 of 3 AGAINST ABSENT Ordinance 17, 2013 EXHIBIT "A" LEGAL DESCRIPTION : BEING A PORTION OF GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY , FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED BY MEASURING FROM THE NORTHWEST CORNER OF GOVERNMENT LOT 7 , SECTION 4 , TOWNSHIP 42 SOUTH , RANGE 43 EAST ; THENCE RUN EAST ON THE NORTH LINE OF SAID GOVERNMENT LOT 7 TO THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY (U.S. #1 ); THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE EAST LINE OF SAID FEDERAL HIGHWAY #1 , A DISTANCE OF 600 FEET 'TO THE POINT OF BEGINNING; THENCE RUN SOUTHWESTERLY ALONG THE SAID EAST LINE OF SAID FEDERAL HIGHWAY A DISTANCE OF 150 FEET, THENCE RUN EAST PARALLEL TO THE NORTH LINE OF SAID GOVERNMENT LOT 7 TO A POINT IN THE EAST LINE OF SAID GOVERNMENT LOT 7 ; THENCE NORTH ALONG THE EAST LINE OF GOVERNMENT LOT 7 TO THE OPPOSITE POINT OF BEGINNING; THENCE RUN WEST PARALLEL TO THE NORTH LINE OF SAID GOVERNMENT LOT 7 TO THE POINT OF BEGINNING. ALSO KNOWN AS: BEING A PORTION OF LAND LYING IN GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH , RANGE 43 EAST , PALM BEACH COUNTY , FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 7; THENCE SOUTH 85°22'34" EAST , ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 1103.61 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF US HIGHWAY #1 (STATE ROAD NO .5); THENCE SOUTH 16°51'25" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE , A DISTANCE OF 600.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 16°51 '25" WEST , A DISTANCE OF 12.69 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1850.09 FEET AND A CENTRAL ANGLE OF 04 °15 '09"; THENCE RUN SOUTHERLY ALONG SAID CURVE, A DISTANCE OF 137.31 FEET ; THENCE SOUTH 85°12'07" EAST , A DISTANCE OF 251.92 FEET ; THENCE NORTH 01°51'50" EAST , A DISTANCE OF 147.83 FEET; THENCE NORTH 85°12'07" WEST, A DISTANCE OF 218.02 FEET TO THE POINT OF BEGINNING. 1 RESOLUTION 61, 2013 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE CHASE BANK 6 PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN TO 7 MODIFY THE EXISTING FAST-FOOD RESTAURANT TO 8 ACCOMMODATE A BANK/FINANCIAL INSTITUTION WITH DRIVE- 9 THROUGH; PROVIDING WAIVERS; PROVIDING CONDITIONS OF 10 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 11 PURPOSES. 12 13 14 WHEREAS, the City Council, as the governing body of the City of Palm Beach 15 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 16 Statutes, and the City's Land Development Regulations, is authorized and empowered 17 to consider petitions related to zoning and land development orders; and 18 19 WHEREAS, on July 30, 1991, the City Council adopted Resolution 83, 1991, 20 approving a conditional use to the site then occupied by Miami Subs restaurant, 21 allowing the sale/service of beer and wine beverages for on-premise consumption only 22 and further granting a variance to the distance requirement between sites and locations 23 where alcohol beverages are sold; and 24 25 WHEREAS, on April 19, 2005, an Administrative Petition ADMIN-05-31 was 26 approved allowing minor architectural changes to the existing Miami Subs fast-food 27 restaurant building for the conversion to a Wendy's fast-food restaurant; and 28 29 WHEREAS, the City has received a request by Core States Group on behalf of 30 JP Morgan Chase for approval to rezone 0.80 acres of property from Commercial 31 General 1 (CG-1) to a Planned Unit Development (PUD) Overlay with underlying 32 Commercial General 1 (CG-1) zoning designation and site plan approval to modify the 33 existing fast-food restaurant to accommodate a bank with drive-through; and 34 35 WHEREAS, the Planning and Zoning Department has reviewed the application, 36 has 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 August 13, 2013, meeting and recommended approval of the subject petition (PPUD- 41 13-02-000028) by a vote of 7 to 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 45 the various City of Palm Beach Gardens reviewing agencies and staff; and 46 Page 1 of 8 Resolution 61 , 2013 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 to allow the rezoning of 0.80 12 acres of property from Commercial General 1 (CG-1) to a Planned Unit Development 13 (PUD) Overlay with an underlying CG-1 zoning designation and site plan approval to 14 modify the existing fast-food restaurant to accommodate a bank with drive-through; 15 subject to the conditions of approval contained herein, which are in addition to the 16 general requirements otherwise provided by resolution for the real property described 17 as follows: 18 19 (See Exhibit "A" for Legal Description) 20 21 SECTION 3. The City Council of Palm Beach Gardens, Florida hereby 22 APPROVES the following seven (7) waivers: 23 24 1. Section 78-153(6), Table 12, Note 6: Property Development Regulations- 25 Nonresidential Zoning Districts, to allow a rear building setback of 52 feet to 26 the remote drive-through canopy. 27 28 2. Section 78-186(b)(10)(a)(1), Required Buffers, to allow a rear landscaping 29 buffer of 11.75 feet. 30 31 3. Section 78-186(b)(10)(a)(1), Required Buffers, to allow a rear retaining and 32 screening wall to be located two (2) feet from the rear property line. 33 34 4. Section 78-285, Table 24, Ground Signs, to allow a ground sign on a 35 property with less than 300 linear feet of right-of-way frontage. 36 37 5. Section 78-153, Table 12, Property Development Regulations - 38 Nonresidential Zoning Districts, and Section 78-154, Table 14, Minimum 39 PUD Development Size, to allow a property less than one (1) acre in size to 40 be rezoned to a Planned Unit Development (PUD) Overlay and Commercial 41 General1 (CG-1). 42 43 6. Section 78-344(h), Entrances and Exits, to allow less than 100 feet of off- 44 street stacking distance between the edge of the right-of-way and the 45 nearest intersecting drive aisle of the parking lot or location of a conflicting 46 traffic movement. Page 2 of 8 Resolution 61 , 2013 1 7. Section 78-345(d)(3), Increase in Parking Spaces, to allow an increase of 2 parking spaces equal to or greater than ten (1 0) percent. 3 4 SECTION 4. This approval is subject to the following conditions, which shall be 5 the responsibility of and binding upon the Applicant, its successors, or assigns: 6 7 Planning and Zoning Department 8 9 1. A separate sign permit is required for the project's proposed signage, 10 including the proposed monument sign. (Planning and Zoning) 11 12 2. All on-site lighting shall be cast downward and shall be shielded from 13 adjacent residential properties. (Planning and Zoning) 14 15 3. All building accent lighting and site up lighting shall utilize clear blubs 16 without interior or exterior frosting, colors, or reflectors. (Planning and 17 Zoning) 18 19 4. Prior to the issuance of the Certificate of Occupancy, all ground-mounted 20 and rooftop mechanical equipment shall be screened from view pursuant to 21 City Code Section 78-377. (Planning and Zoning) 22 23 5. Prior to the issuance of any building permit, the Applicant shall schedule a 24 pre-permit meeting with the Planning and Zoning Department. (Planning 25 and Zoning) 26 27 6. All gutters and downspouts for the building shall be painted to match the 28 surface to which it is attached. (Planning and Zoning) 29 30 7. Prior to the issuance of the demolition permit, the Applicant shall install a 31 six-(6) foot-tall construction fence with a privacy tarp around the site to 32 screen adjacent properties. (Planning and Zoning) 33 34 8. The Applicant, successors, and assigns shall be responsible for the 35 landscape and irrigation maintenance for the U.S. Highway One road 36 shoulder and medians adjacent to the development from the northern 37 terminus to the southern terminus of the development. (City Forester) 38 39 Geographic Information Systems 40 41 9. Prior to the issuance of the Certificate of Occupancy, approved civil design 42 and architectural drawings, including floor plans and site plans shall be 43 submitted to Development Compliance. (GIS Manager, Development 44 Compliance Officer) 45 46 Page 3 of 8 Resolution 61 , 2013 1 Engineering Department 2 3 10. Prior to the issuance of the infrastructure permit or the issuance of the 4 building permit for vertical construction, whichever occurs first, the Applicant 5 shall receive a Technical Compliance Approval (TCA) letter for the plat of 6 this project from the Planning and Zoning Department, in accordance with 7 the City's LDRs. (Engineering) 8 9 11 . Prior to the issuance of an infrastructure permit, the Applicant shall obtain 10 all required permits from necessary regulatory agencies, including, but not 11 limited to, Seacoast Utility Authority (SUA), South Florida Water 12 Management District (SFWMD), Army Corps of Engineers, Florida 13 Department of Transportation (FOOT), etc. Further, the Applicant shall 14 ensure that there are no off-site impacts to the surrounding properties 15 through the proposed ditches to the north and south and the sheet flows to 16 U.S. Highway One and the Twelve Oaks community. (Engineering) 17 18 12. Prior to the issuance of the infrastructure permit or the issuance of the 19 building permit for vertical construction, whichever occurs first, the Applicant 20 shall provide construction plans, including, but not limited to, paving, 21 grading, and drainage plans, along with surface water management 22 calculations and hydraulic pipe calculations for City review and approval. 23 The paving, grading, and drainage plan and calculations shall be signed 24 and sealed by a registered engineer licensed to do business in the State of 25 Florida. (Engineering) 26 27 13. Prior to the issuance of the infrastructure permit, or the building permit for 28 vertical construction, whichever occurs first, the Applicant shall provide 29 itemized cost estimates and surety for the project, in accordance with LOR 30 Sections 78-309 and 78-461. The itemized cost estimates shall include all 31 public elements for the on-site and off-site improvements for the project for 32 the infrastructure, landscaping, and irrigation costs. The cost estimates 33 shall be dated, signed , and sealed by a professional engineer and 34 landscape architect registered to do business in the State of Florida. Surety 35 will be based on 110% of the total combined City-approved cost estimates 36 and shall be posted with the City . (Engineering) 37 38 14. Prior to the issuance of the infrastructure permit or the issuance of the 39 building permit for vertical construction, whichever occurs first, the Applicant 40 shall provide a signed and sealed photometric plan and submit a site 41 lighting permit application in accordance with LOR Section 78-182. 42 (Engineering) 43 44 45 46 Page 4 of 8 Resolution 61, 2013 1 15. Prior to the commencement of construction, the Applicant shall schedule a 2 pre-construction meeting with City staff. Inspections related to the 3 infrastructure permit will not be performed until the pre-construction meeting 4 has occurred . In addition, failure to comply with this condition could result 5 in a Stop-Work Order of all work/construction activity for the subject 6 development site. (Engineering) 7 8 16. The construction, operation, and/or maintenance of any elements of the 9 subject project shall not have any negative impacts on surrounding areas 10 including , but not limited to, drainage, erosion, sedimentation , dust, etc. If 11 at any time during the project development it is determined by the City that 12 any of the surrounding areas are experiencing negative impacts caused by 13 the project, it shall be the Applicant's responsibility to resolve said impacts 14 in a period of time and a manner acceptable to the City prior to additional 15 construction activities. The City may cease issuing building permits and/or 16 Certificates of Occupancy until all off-site concerns are resolved. 17 (Engineering) 18 19 17 . The Applicant shall comply with all Federal EPA and State of Florida 20 Department of Environmental Protection NPDES permit requirements, 21 including, but not limited to, preparation of a stormwater pollution prevention 22 plan and identification of appropriate Best Management Practices, as 23 generally accepted by the Environmental Planning Agency (EPA) and/or 24 local regulatory agencies, for construction activities, implementation of the 25 approved plans,· and inspection and maintenance of controls during 26 construction . (Engineering) 27 28 Police Department 29 30 18. Prior to the issuance of the demolition permit, land alteration permit, or the 31 first building permit for vertical construction, whichever occurs first, the 32 Applicant shall submit a construction site security and management plan for 33 review and approval by the Police Department. Noncompliance with the 34 approved security and management plan may result in a Stop-Work Order 35 for the PUD . 36 37 19. The Automated Teller Machine (ATM) shall comply with the requirements of 38 Section 655.965, Florida Statutes, as follows: 39 40 a. Shall not be obscured by any landscaping or other fixed object that 41 would prevent clear visibility . 42 43 b. Shall install a high resolution color digital video camera system. 44 45 46 Page 5 of 8 Resolution 61, 2013 1 c. Shall have high illumination of both the ATM and the driveway leading 2 up to it. Lighting should be positioned so as not to cause glare of 3 video recording. 4 5 d. A convex mirror shall be strategically placed and installed to allow 6 operator of ATM to identify any approaching person(s) and/or potential 7 suspect(s). 8 9 SECTION 5. This petition is approved subject to strict compliance with the Exhibits 1 0 listed below, which are attached hereto and made a part hereof as Exhibit "B": 11 12 1. Cover Sheet, Sheet CV-1, prepared by Core States Group, dated July 18, 13 2013. 14 15 2. General Notes, Sheet CV-2, prepared by Core States Group, dated July 18, 16 2013. 17 18 3. Site Plan, Sheet C-5, prepared by Core States Group, dated July 18, 2013. 19 20 4. Grading and Drainage Plan, Sheet C-6, prepared by Core States Group, 21 dated July 18, 2013. 22 23 5. Wall Plan and Details, Sheet CD-4, prepared by Core States Group, dated 24 July 18, 2013. 25 26 6. Landscape Plan, Sheet L-01, prepared by Simply Verde Landscape 27 Architects, dated July 17, 2013. 28 29 7. Landscape Details, Sheet L-02, prepared by Simply Verde Landscape 30 Architects, dated July 17, 2013. 31 32 8. DeepRoot Root Barrier Details, Sheet L-03, prepared by Simply Verde 33 Landscape Architects, dated July 17, 2013. 34 35 9. Landscape Notes, Sheet L-04, prepared by Simply Verde Landscape 36 Architects dated July 17 , 2013. 37 38 10. Irrigation Plan, Sheet IR-01 , prepared by Simply Verde Landscape Architects 39 dated July 17 , 2013. 40 41 11 . Irrigation Details, Sheet IR-02, prepared by Simply Verde Landscape 42 Architects dated July 17, 2013. 43 44 12. Signage Elevation, Sheet 1, prepared by Core States Group, dated July 17, 45 2013. 46 Page 6 of 8 Resolution 61 , 2013 1 13. Exterior Elevations, prepared by Core States Group, dated June 17 , 2013. 2 3 SECTION 6. All representations made by the Applicant or the Applicant's agent 4 at any public hearing regarding this application are specifically incorporated herein, 5 and this approval is granted subject to same. 6 7 SECTION 7. This Resolution shall become effective immediately upon adoption. 8 9 10 (The remainder of this page intentionally left blank) 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 Page 7 of 8 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 61,2013 PASSED AND ADOPTED this __ day of _____ , 2013. CITY OF PALM BEACH GARDENS, FLORIDA BY: ------------------------------Robert G. Premuroso, Mayor ATTEST: BY: ------------------------Patricia Snider, CMC, City Clerk APPROVEDASTOFORM AND LEGAL SUFFICIENCY BY: --------------------------R. Max Lohman, City Attorney VOTE: AYE NAY ABSENT MAYOR PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY G:\attorney_share\RESOLUTIONS\2013\Resolution 61 2013-Chase Bank PUD.doc Page 8 of 8 Resolution 61, 2013 EXHIBIT "A" LEGAL DESCRIPTION: BEING A PORTION OF GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED BY MEASURING FROM THE NORTHWEST CORNER OF GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE RUN EAST ON THE NORTH LINE OF SAID GOVERNMENT LOT 7 TO THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY (U.S. #1); THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE EAST LINE OF SAID FEDERAL HIGHWAY #1, A DISTANCE OF 600 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTHWESTERLY ALONG THE SAID EAST LINE OF SAID FEDERAL HIGHWAY A DISTANCE OF 150 FEET, THENCE RUN EAST PARALLEL TO THE NORTH LINE OF SAID GOVERNMENT LOT 7 TO A POINT IN THE EAST LINE OF SAID GOVERNMENT LOT 7; THENCE NORTH ALONG THE EAST LINE OF GOVERNMENT LOT 7 TO THE OPPOSITE POINT OF BEGINNING; THENCE RUN WEST PARALLEL TO THE NORTH LINE OF SAID GOVERNMENT LOT 7 TO THE POINT OF BEGINNING. ALSO KNOWN AS: BEING A PORTION OF LAND LYING IN GOVERNMENT LOT 7, SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 7; THENCE SOUTH 85°22'34" EAST, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 1103.61 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF US HIGHWAY #1 (STATE ROAD NO. 5); THENCE SOUTH 16°51'25" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 600.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 16°51'25" WEST, A DISTANCE OF 12.69 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1850.09 FEET AND A CENTRAL ANGLE OF 04°15'09"; THENCE RUN SOUTHERLY ALONG SAID CURVE, A DISTANCE OF 137.31 FEET; THENCE SOUTH 85°12'07" EAST, A DISTANCE OF 251.92 FEET; THENCE NORTH 01°51'50" EAST, A DISTANCE OF 147.83 FEET; THENCE NORTH 85°12'07" WEST, A DISTANCE OF 218.02 FEET TO THE POINT OF BEGINNING. Resolution 61, 2013 EXHIBIT "B" A B c D E F J f i G I J a I ~ l H t . 2 3 DESIGN AND DEVELOPMENT CDNTACTS: PROPERTY OWNER GOLllEH PALM BEACH IElTMENT, INC t9281ffl tilTH TERRACE MIAMI, R. 33145 CONTACT: ALBERTO U (305)321-Ma:! DEVELOPER JPMORGAN CHASE 2AO EAST PAUAETTO P•RD. 2ND. R.OOR BOCA RATON, R. 33432 CONTACnMANNYVI•- (951)1165-e833 CML ENGINEER CORE STATEB OROUP 3902 CORPOREX PARK &'E. SUITE 600 TAMPA, Fl. 33819 CONTACT: CRAIG J. ~. P.E. (R.) (813)490-1755 ARCHITECT CORE STATES GROUP 3802 CORPOREX PARK .wE, SUITE 600 TAMPA, Fl. 33819 CONTACT: PHIWP L- (8t3)49G-t755 LANDSCAPE ARCHITECT SIMPL YVERDE 829 38th AVENUE NORTll SAINT PETERSBURG, Rm14 CONTACT: PATR!ClA~. RLA. ASlA (727) 521-7290 SURVEYOR BlOOMSTER~LAND SURVEYORS. INC. 7a1 NORTHEASTDIXJE-AY JENSEN BEACH, Fl. 34& CONTACT: ROBERT Bla.TER. JR. PSM (772):134.- GOVERNING AGENCIES CON"JETS: PlANNING AND ZONING COY OF PALM BEACH -.s PLANNING AND ZONING .SOON 10500 N. MIUTARY TRAIL PALM BEACH GAADENS.IIS34t0 (56t)7~2A3 BUUliNG PERMIT COY OF PALM BEACH oaNS BUILDING DEPARTMENT 10500 N. MIUTARY TRAIL PALM BEACH GAROENS,W33410 (561) 799-4201 FIRE DEPARTMENT COY OF PALM BEACH~ FIRE RESCUE «25 BURNS ROAD PALM BEACH OARDENS,Il!34t0 (581)7119-4300 TRANSPORTATION FLORIDA DEPARTMENT OIRANSPORTATION DISTRICT4 3400 W CONMERCIAL 11.• FORT LAUDERDALE. R.- (9!54)m-lt1o WATER SEACOAST lJTIU!Y AUTlWIY 4200HOODROAD PAUl BEACH 0ARDENS.IKI410 (561) 827·21120 WASTEWATER SEACOAST UTILITY~ 4200HOODROAD PAUl BEACH GARDENS,IID410 (561) 827-2920 STORMWATER CITY OF PALM BEACH GAIINS ENGINEERING DEPARTMS: 10500 N. MIUTARY TRAil PALN BEACH GARDENS, IE410 (561) 804-7012 STORMWATER DISTRICT SOUTH FlORIDA WATER -GEMENTDISTRICT 3:!01 GUNCLUB ROAD WEST PALM BEACH, Fl.- (561) 11811-1800 UTILITY CONT ACT S: a.ECTRIC COMPANV Fl.ORIDAPOWERAND ~ALM BEACH) 8001 VILlAGE BLVD. WESTPALMBEAai,Fl.- (561)1117-8000 TB..EPHONE AT&T FLORilA 2021 SOUlH MIUTARY TRia ~.\£Sf PALM BEAal. Fl.,_ (561) 357-e815 CATV cot.ICAST-WPII tOUSIROHWOOO RD PAU.I BEACH GARDENS. FIS010 (886) lllt-7871 GAS Fl.A PUBUC UTI.JTIES CO. 401 S. DOCE HWY. WEST PALM BEAal, Fl.- (561) 1136-1812 ALERT TO CONTRACTOR: t. THE SITE WORK FOR THE PROPOSal DEVELOPIIEHT Sla MEET DR EXCEED ALL CnY AND/OR COUNTY AND STATE STANDARDS FOR SITE WORK. 2. ALL NECESSARY INSPECTIONS ANDIOR CERTIFICATIONS REQUIRED BY CODES AND/OR I.ITlUTY SERVICE CONP- SHALL BE PERFORMED PRIOR TO ANNOUNCEll BULDING POSSESSION AND THE FINAL CONNECTION OF SERVICB. 4 5 7 8 9 CO N S TRU CT I'O N PLAN S F O R CHASEt.' CHASE BANK· STORE NO. 37429 US 1 AND PGA BOULEVARD 11364 US HI G HWAY 1 PALM BEACH GARDE NS , FL 33408 S ECTION 4, TOWNSHI P 42 S., RAN GE 43 E. PALM BEACH COUNTY, FLO RIDA 10 11 l._v.t...,o . _., .......... .:.. L EGAL DESCRIPTION: 12 PROJECT VICINITY ~a,·,, '• :.~~-=~ i \' 'VJ\o ~~· ' ... .. LOCATION MAP BEGINNING AT A POINT LOCATED BY MEASURING FROM THE NORTHWEST CORNER OF GOVERNMENT LOT 7, SECTION 4. TOWNSHIP 42 soutH, RANGE 43 EAST. THENCE RUN EAST ON THE NORTH UNE OF SAID GOVERNMENT LOT 7, TO THE POINT OF INTERSECTION OF THE EAST RIGHT-<lf-WAY UNE OF FEDERAL HIGHWAY (U.S. tt) THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE EAST LINE OF SAID FEDERAl HIGHWAY tt, A DISTANCE OF 800 FEET TO THE POINT OF BEGINNING, THENCE RUN SOUTHWESTERLY ALONG THE SAID EAST UNE OF SAID FEDERAL HIGH'NAY A DISTANCE OF 150 FEET, THENCE RUN EAST PARAUE. TO THE NORTH UNE OF SAID ~ LOT 7, TO A POINT IN THE EAST LINE OF SAID GOVERNMENT LOT 7, THENCE NORTH ALONG THE EAST UN£ OF OOYERNMENT LOT 7 TO A OPPOSITE THE POINT OF BEGINNING. THENCE RUN WEST PARAU..B. TO THE NORTH lJNE OF SAID GOVERNMENT LOT 7 TO THE POINT OF BEGINNING. ALSO KNOWN AS: BEING A PORT10N OF LAND LYING IN ~LOT 7, SECTION 4. TOWNSHIP 42 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FI.ORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOU.OWS: COMMENCE AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 7: THENCe SOUlH es-tt34• EAST, ALONG THE NORTH LINE OF SAID GOVERHMENT LOT 7, A DISTANCE OF tt03.61 FEET TO A POINT ON THE EAST RIGHT OF WAY UNE OF US HIGHWAY NO. t (STATE ROAD NO. 5~ THENCE SOUTH t8"5t'2S' WEST, ALONG SAID EASTERLY RIGHT OF WAY UNE. A DISTANCE OF 800.00 FEET TO THE POINT OF I I THENCE CONTINUE SOUTH 18"5t'2S' WEST, A FEET TO SAID CURVE, A DISTANCE OF 137.31 FEET; NORTH 11$"12'07" EAST, A DISTANCE OF 251.92 FEET; THENCE NORTH 01.51'50" EAST, A DISTANCE OF 147.63 FEET: THENCE SOUTH 85"12'V7" WEST. A DISTANCE OF 218.02 FEET TO THE POINT OF BEGINNING. 13 .·· .._ ... ®~ -I 'h- THE CONTRACTOR IS SPECIFJCAU. Y CAUTlONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING liT1UT1ES AS SHOWN ON THESE PlANS IS BASED ON DESIGN DRAWINGS, RECORDS OF THE VARJOUS UTil.JlYCONPANIES, ANDWHEREPOSSIBI£. MEASUREMENTS TAKEN IN THE FIELD. CORESTATES. INC. DOES NOT GUARANTEE THAT LOCAllONS SHO\NN ARE EXACT. THE CONTRACTOR IIIUST CONT~T THE APPROI'RIATE UTUTY COMPANIES AT L£AST 72 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCAllONS OF tm.mES. 0 w ~ J: u CV-1 1 OF21 1- UJ w I (/) 0:: w ~ () J. I J I i ~ ! A - B - c I 2 I GENERAL SITE NOTES 1. 2. 3. 4, 5. B. ALL CONSTRUCTION MATERIALS AND TECHNIQUES OF INSTAllATION SHAU. MEET PERFORMANCE VALUES OF THE MATERIALS SPECIFIED ANO COMPLY Willi ALL CITYICOUN'IY REGUlATIONS AND COOESAND O.S.HA STANDARDS. THE GENERAL CONTRACTOR SHALl. BE RESpONSIBLE FOR ENSURING THAT THIS PROJECT IS CONSTRUCTED IN ACCORDANCE WITH THESE OOCUMENTS AND IN COMPLIANCE Willi CODES INDICATED HEREIN. THE QUALITY OF WORKMANSHIP AND INSTAUAnON OF MATERIALS SPECIFIED BY THE ARCHITECT/ENGINEER ARE THE RESPONSIBILITY OF THE CONTRACTOR. THE ARCHITECT/ENGINEER WILL NOT BE HB.D RESPONSIBLE FOR AN( SUBSTANDARD OR lNSUFFICIENT WORKMANSHIP, MATERIALS, OR SERVICES PROVIDED IN THE EXECUTION OF NoN PHASE OF CONSTRUCTION OF THIS PROJECT. ALL MATERIALS ARE TO BE INSTALLED IN ACCORDANCE Willi MANUFACTURER'S REQUIREMEHTS. THE GENERAL CON'IRACTOR SHALL ENSURE THAT ALL MANUFACTURER'S WARI!ANTlES WIU. BE HONORED. ALL CONDITIONS SHOWN TO BE "EXISTING" SHALL BE VERIFIED IN THE FIELD BY THE GENERAL CONTRACTOR PRIOR TO START OF CONSTRUCTION. ANY DISCREPANCIES SHALL BE NOTED AND SUBMrrTED TO THE OWNER AND THE ARCIHITECTIENGINEER FOR REVIEW. CHANGES TO THE ORIGINAL DESIGN OF THE PROJECT DUE TO EXISTING SITE CONDITIONS MUST BE APPROVED BY BOTH THE OWNER AND THE ARCIHITECTIENGINEER PRIOR TO MAKING NoN CHANGES. CONTIRACTOR TO REV1EW AND FOLLOW CONSTRUCTION TECHNIQUES/SPECIFICATIONS OUTLINED IN THE SITE GEOTECHNICAL REPORT. AHY CONFLICTS WHlCH MAY ARISE SHAll. BE NOTED AND SU8MITIEO TO THE OWNER AND THE ARCHITECT/ENGINEER FOR REVIEW PRIOR TO COMMENCEMENT OF CONSTRUCTION ACTtVmES. THE GENERAL CONTRACTOR SHALL BE RESPONSIBlE FOR HAVING A THOROUGH KNO'M..EOGE OF EXJSTING FIElD CONDITIONS AND OF ALL DRAWINGS AND SPEC/A CATIONS RElATED TO THEIR FIELD. THE FAILURE TO ACQUAINT HIMSELF WITH THIS P'ROJECT AND HIS F1El.D OF SERVICE SHAU. NOT REUEVE HIM OF ANV RESPONSIBILITY FOR PERFORMING HIS \YORK PROPERLY. NO ADDfllONAL COMPENSATION SHALL BE AU.OWEO DUE TO THE GENERAL CONTRACTOR'S FAILURE TO OOMIEY THE NECESSARY KNOWLEDGE TO FAMILlARIZE WORKERS AND SUBCONTIRACTORS Willi THIS PROJECT. 1. THE GENERAL CONTRACTOR SHAl.l. BE RESPONSIB<.E FOR ENSURING THE SAFETY OF ALL PERSONS ON THE JOB SITE AT ALL TIMES INCLUDING (BUT NOT LIMITED TO) SUBCONTRACTORS, FACILITY EMPLOYEES, VENDORS, DESIGN STAFF PROFESSIONALS AND INSPEcnoN PERSONNEL. -8. THE GENERAL CONTRACTOR SHAl.l. PROVIDE DUMPSTERS, PORTABlE TOILETS AND TEMPORARY POWER FOR UNRESTRICTED PROJECT RELATED USE BY OTHERS FOR THE DURATION OF TIHE PROJECT. 9. THE GENERAL CONTRACTOR SHALL COORDINATIE PROJECT PHASING AND STORAGE OF MATERIALS Willi THE OWNER. 10. THE GENERAL CONTRACTOR IS RESPONSIBlE FOR RECEMNG, UNLOADING, D STORING AND PROTECTING OF MATERIALS AND EQUIPMENT SUPPLIED BY THE OWNER UNTIL IT HAS BEEN INSTAU.ED AND ACCEPTED BY THE OWNER. 11. THE GENERAL CONTRACTOR SHAll BE RESPONSIBLE FOR KEEPING THE AREA CLEAN AND FREE OF DEBRIS AT ALL TIMES DURING CONSTRUCTION. THE GENERAL CONTRACTOR SHALL POWER WASH THE EHTlRE CONST'Rl.K::TION AREA PRIOR TO 11JRNO\IER TO ntE OWNER. -12. EXISTING PAVING TIHATWILl REMAIN AFTER CONSTIRUCTION SHALL BE PROTECTED FROM DAMAGE. AREAS OF EXISTING PAVING TIHAT ARE DAMAGED DURING CONSTIRUCTION SHALL BE SAWCIUT, THEN REMOVED AND REPI.ACIED. E - 13. THE GENERAL CONTRACTOR SHALL FIELD VERIFY THE EXACT LOCATION OF ALL PUBLIC AND PRNATIE UTIUTIES, INCI.UOINGIRRIGATION, SPECIFIC TO THIS PROJECT PRIOR TO THE START OF ANY DEMOLITION OR CONSTRUCTlON. SHOULD NoN UTILITY REQUIRE RELOCATION, CONTRACTOR SHALL COORDINATE Willi THE OWNER AND THE ARCHITECTJeNGINEER. 14. SAWCIUT AND REMOVE PORTIONS Of EXISTING PAVING ONLY AS REQUIRED TO INSTALL NEW UTILITIES OR TO CONSTIRUCT PROPOSED FACIUTlES PER THIS PLAN. REPLACE PORTIONS REMOVED TO MATCIH EXISTING FI.USH AND SMOOTH. 15. PROVIDE T"EMPORARY CHAIN UNK FENCING, MINIMUM ~-(I" HIGH, AROUND ENTIRE AREA OF CONSTRUCTION. FIELD VERIFY EXACT LOCATION AND SPECIFICATIONS OF FENCE Wll>ITHEOWNERPRIOR TO START OFCONSTR\JCTION. REMOVE FENCING AT COI.F\.ETlON OF PROJECT AND PAtai PAVING AS REQUIRED AT FENCIE POST HOLES. 18. ALL DIMENSIONS AND RADII ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 17. CONTRACTOR IS RESPONSIB<.E FOR PROTECT10N OF ALL PROPERTY CORNERS. 18. CONTRACTOR SHAll. MATCIH PROPOSEDCIURB AND GUTTER. CONCRETE. AND F PAVEMENT TO EXISTING IN GRADE AND ALIGNMENT. - G - H 19. CONTRACTOR SHAll. PROVIDE PIPE BOI.J.AROS FOR PROTECTION OF ALL ABOVE GROUND UTIUTIES AND APPIJRTENANCES IN DRIVE AREA 20. CONSTRUCTION SHALL ~ Y WIITH ALL GOVERNING CODES AND BE CONSTRUCTED TO SAME. 21: CONTRACTOR 18 RESPONSIBLE FOR REPAIRING THE DAMAGE DONE TO ANY EXISTING ITEM TO REMAIN DUliNG CONSTRUCTlON, SUCH AS, BUT NOT LIMITED TO, DRAINAGE, UTIUTIES, PAVEMENIT, STRIPING, CURB, ETC. REPAIRS SHAU. BE EQUAL TO, OR BETTER THAN, EXISTING CONDITIONS. CONTRACTOR IS RESPONSIBI.£ TO DOCUMENT ALL EXISTING DAMAGE AND NOTIFY OWNER PRIOR TO CONSTRUCTION START. 22. CONTRACTOR SHALL REFER TO THE ARaiiTECTURAL PlANS FOR EXACT LOCATIONS AND DIMENSIONS OF BUilDING API'UR'IENANCES, STAIRS, RAMPS, SLOPE PAVING, SIDEWAU<S, PRECISE BUlDING DIMENSIONS AND EXACT BUILDING UTIUTY ENTRANCE LOCATIONS. 23. ALL DISTURBED AREAS ARE TO RECENE FOUR INCHES OF TOPSOil. SEED OR SOD, MULCIH AND WATER UNTV..AHEALTHY STAND OF GRASS IS ESTABUSHED. 24. EXISTING STRUcnURES WI'THIN CONST1RUCl10N LIMITS ARE TO BE ABANDONED, RE110VED OR RE.OCATED AS NECESSARY. ALL COST SHALL BE INCI.UDBliN BASE BID. 25. CONTRACTOR SIIAU. BE RESPONSIBLE FOR ALL RB.OCAOONS, (UNLESS OTHERWISE NOTIED ON PlANS) INCUIDING BUT NOT LIMITED TO, ALL UTII.mES, STORM DRAINAGE, SIGNS, TRAFFIC SIONAI.S & POlES, ETIC. AS REQUIRED. ALL WORK SHALl. BE IN ACCORDANCE WIITH 00\/ERNING AliTHORITlES REQUIREMENTS AND PROJECT SITE WORK SPECIFICATIONS ANO SHALL BE APPROVED BY SUCH. ALL COST SHALL BE INClliOED IN BASE BID. 28. THE SITE WORK FOR THIS PROJECT SHALL MEET OR EXCEal THE ' '"" """' ""''" ..........., 'ET. ANY DISCREPANCIES ON TIHE DRAWINGS SHALl. BE IMMEDIATIELY BROUGHT TO THE ATTENTION OF 1HE OWNER AND ENGINEER OF RECORD BEFORE COMMENCING WORK. NO FIElD CHANGES OR DEVIATIONS FROM THE DESIGN ARE TO BE MADE W1TH0UT PRIOR APPROVAL ~ -28. IN THE EVENT THE CONS11RUCTION IS A8ANDONED PRIOR TO THE COMPLETION OF THE PROJECT, ALL CONSlRUCl10N AND STOO<PI.£D VEGETATIVE DEBRIS AND 1 ' ' l •• ;) tl I I ' ' ~ "" l :: FILL WN..1. BE RB«)V8) FROM THE S fl£ AND THE 8tTE WilL BE STABLIZEO PER FOEP GENERtC PERMrT FOR STORM WATER DCSafARGE FROM l.ARGEANDSNAU. CCNSTRUCTION ACTMTlES (NPDES~ 20. THESE PlANS ARE INTENDED TO AND SHALl. COMPI. Y Willi AMERICANS W11TH DISABILITIES ACT AND THE FLORIDA ACCESSIBIUTY LAW. 30. ALL VEGETATION FROM a.EARING AND GRUBBING WU. BE DISPOSED OF OfF.SITlE. 11. CONTRACTOR 18 RESPONSIBLE FOR I'ERioVTTING, INSTAllATION AND MAINTENANCE OF ALL MAINTENANCE OF TRAFFIC OPERATIONS DURING CONSTRUCTION. MAINTENANCIE OF TIRAFF1C SHALL CONFORM TO FOOT/GOVERNING AGENCY STANDARDS. I 4 I I 32. ALL DESIGN AND CONSTRUCTION MUST CONFORM TO THE MINIMUM STANDARDS SET DOWN IN THE CITY/COUNTY DEVELOPMENT CODE, ZONING, AND/OR RELATED ORIOINANCES, AND MINIMUM TESTING FREQUENCY REQUIREMEKTS. GENERAL PAVING AND GRADING NOTES 1. ALL PAVING AND GRADING CONSTIRUCTION MATERIALS AND METHODS SHAU. MEET THE STANDARD SPECIFICATIONS AND REQUIREMENTS OF THE FOOT. 2. CONTRACTOR IS RESPONSIBLE FOR DEMOLITION OF EXISTING STIRUCTURES INCLUDING REMOVAL OF NoN EXISTING UTILITIES SERVING THE STIRUCTURE. UTIUTIES ARE TO SE REMOVED TO me RlGHT -OF-WAY, UNLESS OTHERWISE NOTED. 3. THE CONTRACTOR IS SPECIFICAU. Y CAUTtONEO THAT THE LOCA.TlON ANDJOR ELEVA nON OF EXISTING UTIUTIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTIRACTOR MUST CALL THE APPROPRIATE UTlUTY COMPANIES AT LEAST 72 HOURS BEFORE Nf'f EXCAVATION TO REQUEST EXACT FIELD LOCATION OF UTILITIES. fT SHALl BE THE RESPONSIBILITY OF THE CONTIRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEl.IENTS SHOWN ON THE PLANS. 4. ALL CUT OR FlU. SLOPES SHALL BE 3:1 OR FLATTER UNLESS OTHERWISE NOTED. 5. PRECAST STIRUCTURES MAY BE USED AT CONTRACTORS OPTION AND SHALL MEET ALL FOOT REQUIREMENTS/SPECIFICATIONS AT A MINIMUM. 8. EXISTING GRADE CONTOUR INTERVALS SHOWN AT 0.5 FOOT. 1. PROPOSED GRADE CONTOUR INTERVALS SHOWN AT 0.5 FOOT. 8. IF NoN EXISTING STRUCTURES TO REMAIN ARE DAMAGED DURING CONSTRucnoN IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO REPAIR AND/OR REPLACE THE EXISTING STRUCTURE AS NECESSARY TO RETIURN IT TO EXISTING CONDITIONS OR BETTIER. 9. THE CONTRACTOR SHALL ADHERE TO ALL TERMS & CONDITIONS AS OUTLINED IN THE EPA OR APPLICABLE STATE GENERAL NP.D.E.S. PERMIT FOR STORM WATIER DISCIHARGE ASSOCIATED WITH CONSTIRUCTION ACTMTIES. 10. CONTRACTOR SHALL ADJUST AND/OR CUT EXISTING PAVEMENIT AS NECESSARY TO ASSURE A SMOOTH FIT AND CONTINUOUS GRADE. 11, CONTRACTOR SHALL ASSURE POSITIVE DRAINAGE AWAY FROM BUILDINGS FOR ALL NATURAL AND PAVED AREAS. 12. TOPOGRAPHIC INFORMATION IS TAKEN FROM A TOPOGRAPHIC SURVEY BY A LICENSED PROFESSIONAL SURVEYOR AND MAPPER. IF THE CONTRACTOR DOES NOT ACCEPT EXISTING TOPOGRAPHY AS SHOWN ON THE PLANS, WITHOUT EXCEPTION, THEN THE CONTRACTOR SHALL SUPPI. Y, AT THEIR EXPENSE, A TOPOGRAPHIC SURVEY BY A REGISTIERED LAND SURVEYOR TO THE OWNER FOR REVIEW. f3. AU. UNSURFACED AREAS DISTURBED BY GRADING OPERATlOH SHALL RECEIVE 4 INCHES OF TOPSOIL. CONTRACTOR SHALL APPlY STABILIZATION FABRIC TO ALL SLOPES 3H:1V OR STEEPER. CONTRACTOR SHALL STABILIZE DISTURBED AREAS IN ACCORDANCE WITH GOVERNING SPECIFICATIONS UNTIL A HEALTHY STAND OF VEGETATION IS OBTAINED. 14. CONSTRUCTION SHALl. COI.IPL Y Willi ALL APPliCABLE GOVERN IN() CODES AND BE CONSTRUCTED TO SAME. 15. ALL PAVING, CONS11RUC110N MATERIALS, AND WORKMANSHIP Wll>IIN FlORIDA DEPARTMENT OF TIRANSPORTATION (FOOT) AND THE CITY/COUNTY RIGHT .OF-WAY SHALL BE IN ACCORDANCE W11TH FOOl'S SPECIFICATIONS AND STANDARDS (LATEST EDITION) AND THE CIITYICOUNTY STANDARDS (I.ATIEST EDITION) RESPECTIVELY. 18. ALL REINFORCED CONCRETE PIPE SHALL BE CILASS Ill AND INSTALLED IN ACCORDANCE Willi THE APPROPRIATE APPROVING AUTHORITIES lATEST REQUIREMENTS AND SPECIFICAllONS OR FOOT SPECIFICATIONS, WHICHEVER IS MORE STRINGENT. 17. ALL CONCRETE USED ON THE SITE SHALL HAVE A MINIMUM COMPRESSIVE STIRENGTH OF 4,000 PSI IN 28 DAYS. ALL CONCRETE SDEWAI..KS SHALL HAllE CONTROL JOINTS CUT ON 5-FOOT CENTERS AND EXPANSION JOINTS l'lACEO ON 8(1./'()01' CENTERS, CIHANGES IN DIRECTION, AND ABUTTING SEPARATE POURS. PAVEMENT JOINTS SHALL BE SPACIED IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS AND/OR DETAILS. 18. ALL AREAS INDICATED AS PAVEMENT SHALl. BE CONSTRUCTED IN ACCORDANCIE Willi THE TYPICAL PAVEMENT SECTIONS AS INDICATED ON THE ORA WINGS. 19. THE CONTRACTOR SHAU. ENSURE THAT ALL PLANTING AREAS (tiTERIOR ISLANDS, FOUNDATION PLANTING AREAS, ETC.) ARE NOTCCU>ACTED AND 00 NOT CONTAIN LIMEROCKOR OTHER MATERIAL (CILAY, SI.IBGRADE MATERIAl., MARl. ETC.) WHICH MAY AOVERSELY AFFECT DRAINAGE OF GREEN AREAS. THE CONTRACTOR SHALL ALSO EXCAVATE AND REMOVE ALL UNDESIRABLE MATERIAL FROM ALL AREAS ON THE SITE TO BE PlANTED AND BACKF1U. WITH a£AN, FREE DRAINING TOPSOIL 20. CONTRACTOR IS SPECIF1CAI.L Y CAUTIONED, DEPENDING ON THE TWE OF YEAR AND PROJECT LOCATION, DEWATERING MAY BY REQUIRED. 21. IF DEWATERING 18 REQUIRED, THE CONTRACTOR SHALL OBTAIN ANY APPLJCABLE REQUIRED PERMITS. THE CONTRACTOR 18 TO COORDINATE Willi THE OWNER AND ARCIHITIECTIENGtiEER PRIOR TO EXCAVATION. 22. STIRIP TOPSOL AND ORGANIC MATTER AND PAVING MATERIAL FROM ALL AREAS TO BE IMPERVIOUS. TOPSOIL SHAll. BE STOCI<Pl.EO ON SITE FOR REPLACEMENT ON SLOPES AND ALL OTHER GREEN AND LANDSCAPE AREAS. 23. FIEI.O DENSITY TESTS SHALL BE TAKEN AT FREQUENCY M REQUIRED IN THE SPECIFICATIONS ORAS REQUIRED BY THE GOVERNING REGULATORY AGENCY, WHICH EVER IS MORE STlUNGEHl'. 24. ALL STIRUCTURES ARE TO CONFORM Willi FOOT ROADWAY AND TRAFFIC DESIGN STANDARDS. CURB INLETS SHALL BE FOOT INDEX 210 OR 214 AS REQUIRED, CATCH BASINS SHALL HAVE TIRAFFIC BEARING, RETICULINE GRATIES (FOOT INDEX 232) AND STRUCTURE BOTTOMS AS REQUIRED (FOOT INDEX 200~ CONCRETE ENDWALLS SHALL BE FOOT INDEX 250, MANHOLES SHALl. BE FOOT INDEX 201 TOPS Willi STRUCTURE IIOTTOMS SIZEO AS REQUIRED (FOOT INlEX 200~ MITERED END SECTlONS SHAll. BE SIZED AS REQUIRED AND SHALL BE FOOT lNDEX Z72 OR 273 AS REQUtRED. 25. CONTRACTOR SHALl. ENSURE POSITIVE Fl. OW no ALL INLETS Wll>IIN DRAINAGE BASINS no PREa.UilE PONDED WATER. 'ET. THE CONTRACTOR SHALl. TAKE ALL MEASURES NECESSARY TO CONITROL TURBIDITY, INCLUDING BUT NOT UNITED TOTIHE INSTAllATION OF TURBI>ITY BARRIERS AT ALL LOCATIONS WHERE THE POSSIBIUTY OF llRANSFERRING SUSPENDED SOLIDS INTO THE RECEMNG WATIER BODY EXISTS DUE TO THE PROPOSED WORK. TURBIDITY BARRIERS MUST BE MAINTAINED IN EFFECTIVE CONDITION AT ALL LOCATIONS UNTIL CONSTRUCT10N IS OCliAPt.E11ED AND DISTURBED SOft. AREAS ARE STABILIZED. THEREAFTER, THE CONTRACTOR MUST REMOVE THE BARRIERS AT NO TIME SHALL THERE BE ANY OFf.SITE DISCHARGE WHICH VIOlATES nE WATER 0UAUTY STANDARDS IN CHAPTER 17-302 OF THE FI.ORIOA ADMINISTRATIVE CODE. 6 I 7 I GENERAL UTILITY NOTES 1. CONTRACTOR SHAll. COORDINATE ANY DISRUPTIONS TO EXISTING UTILITY SERVICIES WITH ADJACENT PROPERTY OWNERS. 2. ALL ELECTRIC, TELEPHONE AND GAS EXTENSIONS INCLUDING SERVICE LINES SHALL BE CONSTIRUCTED TO THE APPROFRIATE UTILITY COMPANY SPECIFICATIONS. ALL UTILITY DISCONNECTIONS SHALL BE COORDINATED Willi THE DESIIJNATED UTILITY COMPANIES. 3. CONSTRUCTION SHAll. NOT START ON ANY PUBLIC unLITY SYSTEM UNTIL WRITTEN APPROVAL HAS BEEN RECEIVED BY THE ENGINEER FROM THE APPROPRIATIE GOVERNING AUTHORITY ANO CONTRACTOR HAS BEEN NOTIFIED SAID ENGINEER BY ENGINEER. 4. PRIOR TO THE CONSTRUCTION OF OR CONNECTION TO NoN STORM DRAIN, SANITARY SEWER. WAnER MAIN OR NoN OF THE DRY UTILITIES, '!HE CONITRACTOR SHALL EXCAVATE. VERIFY AND CALCULATE ALL POIKTS OF CONNECTION AND ALL UTILITY CROSSINGS AND INFORM THE ENGINEER AND THE OWNER/DEVELOPER OF NoN CONFLICT OR REQUIRED DEVIATIONS FROM THE PLAN. NOTIFICATION SHAU. BE MADE A MINIMUM OF 48 HOURS PRIOR TO CONSTIRUCTION. THE ENGINEER AND rTS CLIENTS SHALl. BE HELD HARMLESS IN THE EVENT THAT THE CONTRACTOR FAILS TO MAKE SUCH NOTIFICATION. 5. PRIOR TO CONSTIRUCTION, THE GENERAL CONTIRACTOR SHAU. VERIFY THAT "STUB OUTS" FOR POWER, TELEPHONE, FIBER OPTlCS, WATER AND SEWER (IF APPLICABLE) HAVE BEEN PROVIDED BY OTHERS AT THE AREA ADJACENT TO THE PROPOSED BUILDING. THE GENERAL CONTIRACTOR SHALL BE RESPONSIBlE FOR ANAL CONNECTIONS AT THE BUILDING. I . THE GENERAL CON'IRACTOR SHAU. BE RESPONSIBLE FOR COORDINATING THE SCHEDULE FOR INSTAllATION Willi THE UTILITY COMPANIES AND THE OWNER. ALL EXISTING CONDITIONS THAT ARE REMOVED OR DISRUPTED DURING THE PLACEMENT OF NEW UTILITIES SHAU. BE REPLACED OR REPAIRED TO MATCH ORIGINAL CONDITIONS. ANY EXISTING UTil.mES DISRUPTED DURING PLACEMENT OF NEW UTILITIES SHALL BE REPAIRED AND OPERATING NORMAI.LV THE SAME DAY OF DISRUPTION. ITEMS TIHAT MAY NEED TO BE REPLACED OR REPAIRED INCLUDE BUT ARE NOT LIMITED TO: EXISTING ASPHAI. T PAVING, EXISTING CONCRETE PAVING, WATIER LINES, IRRIGATION LINES, GRASS AREAS, LANDSCAPING, AND SITE UGHTING. THE GENERAL CONTIRACTOR SHALL FIEI.O VERIFY THE EXACT LOCATION OF ALL EXISTING ITEMS THAT WILl BE DISRUPTED DURING lHE PLACEMENT OF NEW UTIJTIES N¥:J PROVIDE 11-IE OWNER A DETAILED PHASING SCHEDULE OUTUNING THE TNEUNE FOR INSTALLATION OF NEW VTIUTIES INCLU~NG THE PROPOSED 11MES THAT El08nNG ITEMS WILL BE DISRUP'TED. THE NEW UTILITIES TRENCH WIDTH AND DEPTH SHALL MEET ALL LOCAL AND STATE REQUIREMENTS FOR THE DISPlACEMENT OF ALL UTILITIES. IF DIRECTIONAL BORING ~ USED FOR INSTALL.ATION, THE ABOVE USTED ITEMS ARE STlL1. REQUIRED TO BE SUBMrTTEO_ TO lHE OWNER. 7. IF ANY EXISTING STRUCTURES TO REMAIN ARE DAMAGED DURING CONSTRUCTION, IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO REPAIR AND/OR REPLACE THE EXISTING STRUCTURE AS NECESSARY TO RETURN IT TO EXIS'TING CONDITIONS OR BETTER. 8. ALL SANITARY SEWER MANHOLES IN PAVED AREAS SHALl. BE FI.USH WITH PAVEMENT, AND SHALL HAVE TRAFFIC BeARING RINGS & COVERS. SANITARY MANHOLES IN UNPAVED AREAS SHALL BE B" AB1:NE FINISH GRADE WITH WATER TIGHT LIDS. 8. ALL FIU.MATERIAI.I8 TO BE IN PlACE, AND COMPACTED BEFORE INSTALLATION OF PROPOSED UTIUTIES. 10. CONTRACTOR SHALL NOTIFY THE UTIUITY AUTHORITIES INSPECTORS 12 HOURS BEFORE CONNECTING TO ANY EXISTING LINE. 11. UNDERGROUND UTILITY LINES SHALl. BE INSTALLED, INSPECTED AND APPROVED BEFORE BACKFIWNG. 12. ALL CONCRETE FOR ENCASEMENTS SHALL HAVE A MINIMUM 28 DAY COMPRESSION S'TRENGTH AT 4000 P .S.I. 13. REFER TO ARCHITECTURAL PLUMBING DRAWINGS FOR TIE·IN OF ALL UTILITIES. 14. CONTRACTOR IS RESPONSrat..i:: FOR C0MPt. YING TO THE SPECIFICATIONS OF THE LOCAL Al1THORJTJES WJTH REGARDS TO MATERlALS AND lNSTALLAT10N OF niE WATER AND SEWER LINES. 15. CONTRACTOR SHALL COORDINATE Willi ALL UTIUITV COMPANIES FOR INSTAllATION REQUIREMENTS AND SPECIFICATIONS. 18. DRAWINGS 00 NOT PURPORT TO SHOW ALL EXISTING UTILITIES. 17. El08TING UTUTIES SIW.LBE VBIIFlED IN F1ELD PRIOR TO INSTALLATION OF ANY NEWLINE&. 18. UTILITY WORK TO BE DONE IN FRONT OF FACILITY TO BE COORDINATED Willi OWNER. FRONTUllUTYWORKWU.BEDONE ATN1GHTIF NOTLOCATEDBEHIND CONSTIRUCnON FENCIE 19. THE CONTRACTOR SHALL CONSTRUCT GRAVITY SEWER lATERALS, MANHOLES, GRAVITY SEWER LINES AND DOMESTIC WATER AND FIRE PROTIECTION SYSTIEM AS SHOWN ON THESE PLANS. THE CONTRACTOR SHALL FURNISH ALL NECIESSARY MATERIALS, EQUIPMENT, MACHINERY, TOOLS, MEANS OF TIRANSPORTATION AND LABOR NECESSARY TO COMPLETE THE WORK IN FUU. AND COMPUETE IN ACCORDANCE W11TH THE SHOWN, DESCRIBED AND REASONABlY INTENDED REQUIREMENTS OF THE CONTRACT OOCUI.tENTS AND JURISDICTIONAl. AGENCY REOUREMENTS. IN THE EVENT THATlHE CONTRACT DOCUMENTS AND THE JURISDICTlONAL AGENCY REQUIREMENTS ARE NOT IN AGREEMENT, THE MOST STRINGENT SHAll. GOVERN. 20. THE CONlRACTOR SHALl. RESTORE ALL DISTURBED VEGETATION IN IOND, UNLESS SHOWN OTHERWISE. 21. DEFUECT10N OF P1PE JOINTB AND CURVATURE OF PIPE SHALL NOT EXCIEED THE MANUFACTURER'S SPECIFICATIONS. SEWRB.Y ClOSE ALL OPEN ENDS OF P1PE AND FITTINGS WIITH A WATIERTlGHT PLUG WHEN WORK IS NOT IN PROGRESS. THE INTERIOR OF ALL PIPES SHALl. BE a£AN AND JOINT SURFACES WIPED CILEAN AND DR'Y AFTER THE PIPE HAS BEEN LOWERED MOTHE TRENCH. VALVES SHAll. BE PLUMB AND LOCATED ACCORDING TO THE PLANS. 22. ALL UTILITY AND STORM DRAIN 1RENCIHES LOCATED UNDER AREAS TO RECEIVE PAVING SHAU. BE COOoFLETEI.Y IIACKF1UED AND COI.tPACTED IN ACCORDANCIE Willi SPECIACATIONS. IN THE EVENT THAT THE COHTliACT DOCUioiENTS AND JURISOICTlONAL AGaCf REQU1REMEHTS ARE NOT IN AGREEMENT, THE MOST STRINGENT SHAll. GOVERN. 23. SHOP ORA-FOR ALL MATERIAI..B ANDAI'PI.mENANCE SHALL BE SUBMITTED TO AND N'PROIIED BV THE GOIIERNI'<G UTUTY DEPARTMENT. COHTIRACTOR TO COPY THE ENGINEER OF RECORD WITH APPROVED DRAWINGS AS REQUIRED. NO AND RETURNED TO THE CONTRACTOR. 24. AT LEAST THREE WEEKS PRIOR TO CONSTIRUCTION, THE CONITRACTOR SHALL NOTIFY THE CIITVICOUNTY AND THE UTlUTYa-ANY N1D SUPPLY THEM Willi ALL REQURED SHOP DRAWINGS, THE CONTRACTOR's NAME, STARTING DATE, PR0JECTE0 SCIHEDUI.E AND OTHER INFORUATION AS REQUIRED. THE CIITVICOUNTY ENGINEERING INSPECTION OFFICE SHOULD ALSO BE CONTACTED FIVE DAYS PRIOR TO CONSTliUCTION TO ENSURE AVAIIABIUTY OF INSPECnON PERSONAL. ANY WORK PREFORioiED PRIOR TO NOTIFYING THE CITY/COUNTY ENGINEERING INSPECTION OFFICE OR WITHOUT A DEPARTMENT INSPECTOR PRESENT MAY BE SUB.ECTTO REMOVAL AND REP!.ACEMENT AT THE SOLE EXPENSE OF THE CON'IRACTOR. I 9 I 10 I 25. ONE OR MORE OF THE FOLLOWING CERnFICATES/SHOP DRAWINGS INCLUDING BUT NOT LIMITED TO THE FOLLOWING (DEPENDING ON THE TYPE OF CONNECnON) WILL BE REQUIRED: 25.1. DIPJPVCIHOPE CERTIFICATE OF MANUFACTlJRER 25.2. MANHOLE SHOP DRAWINGS AND STRENGTH REPORT 25.3. FRAME COUPUNG SHOP DRAWING 25.4. FLEXIBLE COUPLING SHOP DRAWINGS 25.5. CRUSHEO STONE SUBMITTAL 25.8. VALVE SHOF DRAWING 28. THE CONTRACTOR SHALL PERFORM AN INF1LTIRAT10NIEXFIL TIRATION TEST ON ALL GRAVITY SEWERS AND A PRESSURE TEST ON ALL FORCE MAINS (AS APPLICABLE) IN ACCORDANCE WITH THE crr.v/COUNTY UTUTYREGULATIONS. SAID TESTS ARE TO BE CIERTIFIED BY THE ENGINEER OF RECORD AND SUBMrrTED TO THE CITY/COUNTY FOR APPROVAL. THE SCHEDULING, COORDINATION AND NOTIFICATION TO ALL PARTIES IS THE CONTIRACTOR'S RESPONSIBILITY. 27. THE CONTRACTOR SHALl. BE RESPONSIBLE FOR LOCATING EXISTING WATER MAINS, FORCE MAINS, SANITARY SEWER AND STORM MAINS ANO MAINTAIN A MINIMUM CIUEARANCE ~ENWATIER MAINS AND OTHER UTILITIES AT ALL POINTS ALONG THEIR LENGTH AS REQUIRED IN THE PLANS, DETAILS, AND SPECIFICATIONS. 28. SANITARY SEWER. FORCIE MAINS, SEWER LATERALS, AND STORM SEWERS SHOULD CROSS LINDER WATER MAINS AND/OR WATER SERVICES WHENEVER POSSIBLE. SANITARY SEWERS, FORCIE MAINS, SEWER lATERALS, AND STORM SEWERS CROSSING WATER MAINS SHAU.BE LAID TO PROVIDE A MINIMUM VERTICAL DISTANCIE OF 18 INCHES BETWEEN THE BOTTOM OF THE UPPER PIPE AND THE TOP OF THE LOWER P1PE. 29. WHERE SANITARY SEWER, FORCE MAiNS, SEWER LATERALS, AND STORM SEWERS MUST CROSS A WATER MAIN WITH LESS~ 181NCHES VERTlCAL DISTANCE. BOTH THE SEWER AND WATER MAINS SHALL BE CONSTRUCTED OF OUCTILE IRON PIPE (DIP) AT THE CROSSING. DIP IS NOT REQUIRED FOR STORM SEWERS. SUFFICIENT LENGTHS OF DIP MUST BE USED TO PROVIDE A M1Nt.4UM SEPARAnON OF 10 FEET BETWEEN ANY TWO JOINTS. ALL JOINTS ON THE WATER MAIN WITHIN 20 FEET OF THE CROSSING MUST BE MECHANICALLY RESTRAINED. A fo41NIMUM VERTICAL CILEARANCIE OF 8 INCHES MUST BE MAINTAINED AT ALL TIMES. 30. ALL CROSSINGS SHOULD BE ARRANGED SOTHATTHE SEWER MAIN PIPE JOINTS AND THE WATER MAIN PIPE JOINTS ARE EQUIDISTANT FROM THE PO<NT OF CROSSING (P1PES CENTERED ON CROSSING). WHERE A NEW PIPE CONFliCTS WITH AN EXISTING P1PE Willi LESS THAN 111NCHESVERTIICALCLEARANCE, THE NEW PPE SHALL BE CONSTRUCTED OF DIP (EXCEPT STORM SEWER) AND THE NEW PIPE SHALl. BE ARRANGED TO MEET THE CROSSING REQUIREMENTS ABOVE. 31 . A MINIIUM 8 FOOT HORIZONTAL SEPARATION SHAU. BE MAINTAINED BETWEEN ANY TYPE OF SEWERN¥J WATERUAIN W PARALLEL INSTAU..ATIONS 'MiENI:'Vm POSSIBLE. IN CASES WHERE IT IS NOT POSSIBLE TO MAINTAIN A 6 FOOT HORIZONTALSEPARATlON, THE WATER MAIN MUST BE LAID INA SEPARATE TIRENCH OR ON AN UNDISTURBED EARTH SHELF LOCATED ON ONE SIDE OF THE SEWER OR FORCE MAIN AT SUCH AN ELEVA nON THAT THE BOTTOM OF THE WATER MAIN ISATLEAST 18 INCHES ABOVE mE TOP OF THE SEWER. WHERE IT IS NOT POSSIBLE TO MAINTAIN A 'VERllCAL DISTANCE OF 18 I Na-tES IN PARAUB.. INSTAUATJONS, tHE WATER MAW SHALL BE CONSTRUCTED OF DIP AND niE SEWER OR FORCE MAIN SHALL BE CONSTRUCTED OF DIP (EXCEPT STORM SEWERS) WITH A MINtMUM VERTlCAL DISTANCE OF GINCHES. 11-IE WATER MAIN SHOULD ALWAYS BE ABCNE THE SEWER. JCMNTS ON THE WATER MAIN SHALL BE LOCATED AS FAR APART AS POSSIBLE FROM THE JOINTS ON THE SEWER FORCE MAIN (STAGGERED JOINT). 32. ALL DIP SHALL BE CLASS 50 OR HIGHER, DUCTILE IRON FITTINGS SHALL BE CILASS 350. ADEQUATE PROTECTIVE MEASURES AGAINST CORROSION SHALL BE USED. 33. BACTERIOI..OOICAL SAMPLE POUml SHALL BE OBTAINED IN THE LOCATIONS SHOWN AND AS REQUIRED BY MORE STRINGENT OF THE FDEP OR LOCAL REGULATIONS. 34. TREES SHALL BE PLACED SO AS TO AVOil BURIED UniJTlES. 35. ALL UTUTY MAIN LENGTHS SHOWN ARE APPROXIMATE. ALL MANHOLE TOP ELEVATlONS ARE APPROXIMATE. CON'IRACTOR SHALL SET MANHOLE TOP LEVEL Willi FINISH PAVEMENT GRADES. 36. ALL FIRE tMlRAHTS SHALL BE INSTALLED Willi HOSE CONNECTIONS FACING THE BUILDING. 37. NO LANDSCAPE PlANTS. arHER THAN SOD, SHALl. BE PLACED WITHIN 7j FEET OF EACH SIDE AND 1HE FRONT, AND WITH 4 FOOT CIUEARANCE TO THE REAR OF THE FRE HYDRANTS PER 2004 FFPC. 38. PRESSURE PIPE TESTING SPECIFICATIONS SHALL REFERENCE THE CIITY/COUNTY AND/OR ARE DEPARTMENT. 311. SANITARY SEWER P1PE SHALL BE AS FOLLOWS: LINUESS OTHERWISE NOTED. FOR PFES tf-4" DEEP· CIIOO PVC PER AWWA CIIOO OR DUCTILE IRON P1PE PER ANSI A21.52. ClABS 52 (MNioUO). FOR P1PE84'·1t1 DEEP-SDR28 PERASTM 1>3004AND ASTM 0.1784. FOR P1PE8 DEEPER THAN 1t1-C900 PVC PER AWWA C900 OR DUCTILE IRON P1PE PER ANSI A21.52. ClABS S2 (MINIMUM~ 40. POTABLE WATER LINES SHALL BEAS FOLLOWS: UNUESS OTHERWISE NOTED. 1"-3"-DR21 (ClASS 200~ PER AIITM 02241 4"·12"· C«<I 0Ro11 (CLASS 1!11~ PERAWWA C900 41. CONIRAC'TOR SHAU.MAIIITAW A~~~ OF 3'.tf' COVER OVER ALL WATIER LINES. 42. ALL CONCRETE FOR ENCASEMENTS SHALL HAVE A MINIMUM2ll DAY COiotPRESSION STIRENGTH AT 4.000 P8L 43. CONTRACTOR IS RESPONSIBLE FOR ALL NECESSARY INSPECnONS AND/OR CERTIFICATlONS REQUIRED BY CODES AND/OR UTILITY SERIIICE COI.IPANIES. THIS AND THE FINAl. CONNECJ10NS OF THE SERVICE SHALl. BE COMPLETED 30 DAYS PRIOR TO STORE POSSESSION. 44, CONTRACTOR SHAU.COORDINATEWITH ALL UT1tJTYC(U'ANIES FOR INSTAUAT10NREQUIREMENTSANDSPECIFICAT10NS. 4S. REFER TO BUILDING PLANS FOR SITE ELECTRICAl. PLAN. 48. CON'IECT10N M'O A EXISTING CIITVICOUNTY OWNED SYSTIEM SHALL BE VIA A WET TAP. WET TAPS SHALL BE PREFORMED BY THE UTIUTIES SERVICE CI:>MPANY AT THE CONTRACTOR'S EXPENSE. EXCAVATION, IIACI<FIU. AND SURFACIE RESTORATION SHALL BE THE CONTRACTORS RESPONSIBILITY. ~-·~·~~ SEWER LV<ES OR FACIUTIES ONSITE: 11 I 12 I 13 GENERAL DEMOLITION NOTES 1. THE CONTRACTOR IS RESPONSIBUE FOR THE DEMOLITION, REMOVAL, AND DISPOSAL (IN A LOCATION APPROVED BY ALL GOVERNING AUTHORITIES) ALL STIRUCTURES, PADS, WALLS, FI.UMES, FOUNDATIONS, PARKING, DRIVES, DRAINAGE, STRUCTURES, UTILITIES, ETC., SUCIH THAT THE IMPROVEMENTS SHOWN ON THE REMAINING PLANS CAN BE CONSTRUCTED. ALL FACILITIES TO BE REMOVED SHAIJ. BE UNDERCUT TO SUITABUE MATERIAL AND BROUGHT TO GRADE W11TH SUITABUE COI.IPACTEO FILL MATERIAL PER THE SPECIFICATIONS. 2. THE CONTRACTOR IS RESPONSIBlE FOR REMOVING ALL DEBRIS FROM THE SITE AND DISPOSING THE DEBRIS IN A lAWfUL MANNER. THE CONTIRACTOR IS RESPONSIBLE FOR OBTAINING ALL PERI.41TS REQUIRED FOR DEMOUTION AND DISPOSAL. 3. THE CONTRACTOR SHALL COORDINATE WITH RESPeCTIVE UTILITY COMPANIES PRIOR TO THE REMOVAL AND/OR RE.OCATION OF UTILITIES. THE CONTIRACTOR SHAU. COOROINATIE Willi THE UTILITY COMPANY CONCERNING PORTIONS OF WORK WHICH MAY BE PERFORMED BY THE UTILITY COMPANY'S FORCES AND ANY FEES WHICH ARE TO BE PAll TO THE UTILITY COMPANY FOR THEIR SERVICES. THE CONTIRACTOR IS RESPONSIBI.E FOR PAYING ALL FEES AND CHARGES. 4. THE CONTRACTOR IS RESPONSIBLE FOR REMOVING EXISTING IRRIGAnON SYSTEM IN THE AREAS OF PROPOSED IMPROVEMENTS. THE CONTRACTOR SHALL CAP THE EXISTING IRRIGATION SYSTEM TO REMAIN SUCH THAT THE REMAINING SYSTEM SHALL CONTINUE TO FUNCTION PROPERLY. 5. THE CONTIRACTOR SHALL BE RESPONSIBLE FOR THE DISCONNECTION OF unLITY SERVICIES TO THE EXISTING BUILDINGS PRIOR TO DEMOUTlON OF THE BUILDINGS. 8. THE LOCATIONS OF ALL EXISTING UTILITIES SHOWN ON THIS PLAN HAVE BEEN DETERMINED FROM THE BEST INFORMATION AVAIUBJ..E AND ARE GIVEN FOR THE CONVENIENCE OF THE CONTRACTOR. THE ENGINEER ASSUMES NO RESPONSIBILITY FOR THEIR ACCURACY. PRIOR TO THE START OF NoN DEMOUTlON ACTMTY, THE CONTRACTOR SHAU. NOTlFY THE UTILITY COMPANIES FOR ONSITE LOCATIONS OF EXISllNG UTIUTIES. 7. ALL EXISTING SEWERS, PIPING AND UTIUTIES SHOWN ARE NOT TO BE INTERPRETED AS THE EXACTl.OCAllON, OR AS niE ONLY OBSTACLES THAT MAY OCCUR ON nE SITE. VERIFY EXIS11NG CON>ITIONS ANO PROCEED WITH CAUTION AROUND AN'f ANTlCIPATED FEATURES. GIVE NOTICE TO All UTIUTY COMPANIES REGARDING DEST1RUC'TlON AND REMOVAL OF ALL SERVICE LINES AND CAP ALL LINES BEFORE PROCEEDING WITH lHE WORK. UnL..mES DETERMINED TO BE ABANDONED AND LEFT IN PlACE SHALL BE GROUTED. 5. ELECTRICAL. 'TB.B'HONE, CABLE, WATIER, FIBER OPTIC CABLE AND/OR GAS LINES NEEDfNO TO BE RENOVED OR RELOCATED SHALL BE COORDINATED WITH THE AFFECTED unurrva-ANY.ADEQUATE TIME SHALL BE PROVIDED FOR RE.OCATlON. Q.OSE COORDINAllON Willi THE UTILITY COMP/V:oN IS NECESSARY TO PROVIDE A SMOOTH TRANSITION IN UTIUTY SERVICE. CONTIRACTOR SHALL PAY CLOSE ATTENTION TO EXISTING UTIUTIES Wll>IIN THE ANY ROAD RIGHT .Of-WAY DURING CONSTRUCTION. 9. CONTRACTOR MUST PROTIECT'IHE PUBUC AT ALL TIMES Willi FENCING, BARRICADES, ENa.OSURES. ETC.. (AND OTHER APPROPRIATE BEST MANAGEMENT PRACTICES) AS APPROVED BY OWNER. 10. CONTINUOUS ACCIESS SHALL BE MAINTAINED FOR THE SURROUNDING PROPERTES AT ALL TIMES DURING DEMOLITION OF THE EXISTING FACILITIES. 11. PRIOR TO DEMOUTION OCCURRING, ALL EROSION CONTROL DEVICES ARE TO BE INSTALLED. 12. SHOULD REMOVAL ANDIOR REL.OCAnON AcnvtnES DAMAGE FENCING, UGHTING AN010R AH'f OlHER APPURTENANCES, TtE CONTRACTOR SHA.U. PROV\OE NEW UATERIALSI STRUCTURES IN ACCORDANCE WITH lHE CONTRACT DOCUMENTS. EXCEPT FORMATER1Al.S DESIGNED TO BE RB..OCATEO ON ltUS PlAN, All OTHER CONSTRUCTION MATIERIALS SHAll. BE NEW. 13. CONTRACTOR SHALL LIMIT SAW-CUT & PAVEMENT REMOVAL TO ONLY THOSE AREAS WHERE IT IS REQUIRED AS SHOWN ON THESE CONSTRUCTION PLANS BUT IF Nff DAMAGe IS INCURRED ON AHY OF THE SURROUNDING PAVEMENT, ETC. THE CONTRACTOR SHALL BE RESPONSIB<.E FOR IT"S REMOVAL AND REPAIR. 14. THE CONTIRACTORSHALL COORDINATIE WATER MAIN WORK Willi THE FIRE DEPT. AND THE CIITYICOUNTY UTILITY DEPARTlAENT TO PLAN PROPOSED NPRO\IEMENTS AND TO ENSURE ADEQUATE FIRE PROTECTION IS CONSTANTLY AVI\Uilt.E TO THE STORE AND SITE THROUGHOUT THIS SPECIFIC WORK AND THROUGH ALL PHASES OF CONSTIRUCTION. CONTRACTOR WIU. BE RESPONSIBLE FOR ARRANGING/PROVIDING ANY REQUIRED WATER MAIN SHUTOFFS Willi THE CIITYICOUNTY DURING CONSTRlJCTION. ANY COSTS ASSOCIATED Willi WATIER MAIN SHUTOFFS W'ti BE THE RESPONSIBILITY OF THE CONTRACTOR AND NO EXTRA COI.IPENSATION WILL BE PROYlDED. 15. DAMAGE TO ALL EXISTING CONDIT10NS SHOWN TO REMAIN IN THESE PLANS WU. BE REPlACED AT CONTRACTOR"S EXPENSE. FOOT GENERAL NOTES 1. ALL CONSTRUCTION WIITHIN FOOT RIIJHT.Of·WAYSHALL CONFORM TO THE LATEST EDmONS OF THE FOOT DESIGN STANDARDS INDICES, THE FOOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTIRUCTION, AND THE FOOT UTUTY ACCOMMODATlONS MANUAL. 2. lo1AINTENANCE OF TRAFFIC TO BE SUPERVISED BY A CERTIFIED PERSON. 3. THE CONTRACTOR SHALL NOT1FY THE DEPARTlAENT A MINIMUM OF TWO BUSINESS DAYS PRIOR TO ANY LANE CI..OSURES OR BEGINNt<G ANY CONSTRUCTION WITHIN THE FOOT RIGHT .Of-WAY. 4. ITWIU. BE THE RESPONSIIIIUTY OF THE PERI.41TTEE TO REPAIR ANY DAMAGE TO FOOT FACUTlES CAUSED BV CONSTliUCTION OF THE PROJECT. 5. ALL MAlERIALSINSToiU.EDWITHN FOOT RIIJHT.Of·WAY SHALl. BE LIMITED TO THOSE ON FOOl'S QUAUFIED PRODUCTS LIST OR APPROVED PRODUCTS LIST OF TIRAFFIC CONTRa. SIGNALS AND DEVICES. r:m~car.um ~ IIII'OU!OUDIO THE CONTRACTOR lS SPECIFICALLY CAIJTlONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTIUnES AS SHOWN ON THESE PlANS IS BASED ON DESIGN DRAWINGS, RECORDS OF THE VARIOUS unt.nY COMPANIES, AND WHERE POSSIBlE, MEASUAEMENTS TAKEH IN THE FIELD. CORESTATIES, INC. DOES NOT GUARANTEE THAT LOCATIONS SHOWN ARE EXACT. THE CONTRACTOR MUST CONTACT THE API'ROPRJATE UTIUTY COMPANIESATLEAST72 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIEI.O LOCATIONS OF UTIUTIES. -' P'•ew I .. 0 w ~ J: u ,,,.., .. CV-2 (/') w b z _J ~ w z w (!) .. "' 0 .. e 7f·UL 2 OF21 ~~~ L--------------------------------------------------------------------------------------------------------------------------------------------------------------L--------~ 2 3 A ~; ... t=. •\' B c D E I F }:~:~ .... . t~!. ! •') ·.··. I f I : /"!. •' ' ,!• :1 ~ a t G l I _l ~ H f f ~ t ' • st t! I ,, 2 2 !r ~ ~~ lmJ SIGN DETAIL NOTTOSCAL£ 4 5 6 '1.'(1(,/f. " rl, ii,l iA1•. "· · '('"I' }: ~---.J -· r ~-. . ~.-.,. •. ;;tti ·"'•1<1 EXISTING LEGEND ~~~ ~~; " 7 .N • GRAPH IC SCALE i i .. I (IN F'Ein') J lneh -20 rt PROPOSED LEGEND --------Pft!lPERTY UNE ------BUILDING SETBACK UNE -----------l.ANOSCAPE BUFFER UNE ... ® • ·0> 'I'YPE 'P CURB BUilDING CONO<E'TE SllEWALK ASPHALT PAVEMENT TRAFl'lC Nfllf:IN PARKING COUNT SYMBOL SitE I.JGH11NG POlE RETAINING WALL 9 10 KEYED NOTES: 0 A. PROPOSED 3,-450 SF BANK. REFER TO ARCHITECTURAL PlANS FOR DETAILS AND ELEVATIONS. B. PROPOSED CANOPY FOR THE ORIVE-THRU. REFER TO ARCHITECTURAL PLANS FOR DETAILS AND ELEVATIONS. C. PROPOSED tax 18.5' PARKlNG SPACE. D. PROPOSED 12' x 18.5' AJ)A PARKING SPACE. REFER TO SHEET CD-3 FOR DETAIL E. PROPOSED 6' WIDE ADA C0MPUANT LOADING AREA. REFER TO SHEET CQ.3 FOR DETAIL F. PROPOSED ADA PARKING SIGN WITH BREAK AWAY POST. REFER TO SHEET C0.3 FOR DETAIL G. PROPOSED NlA COMPLIANT CURB RAMP. REFER TO SHEET CQ.2 FOR DETAIL H. PROPOSED'S WIDE DETECTABLE WARNING. REFER TO SHEET C0-2 FOR OETAIL PROPOSED !!'WIDE CONCRETE SIDEWALK WITH TU RNED DOWN EDGE. REFER TO SHEET C0-2 FOR DETAIL J. PROPOSED 6' WIDE CONCRETE SIDEWALK. REFER TO SHEET CQ.2 FOR DETAIL K. PROPOSED TYPE "D" CURB. REFER TO SHEET CD-2 FOR DETAIL L PROPOSED TYPE •p CURB. REFER TO SHEET C0-2 FOR DETAIL M. PROPOSED DROP CURB PER FOOT INOEX 300. REFER TO SHEET CD-2 FOR DETAL N. PROPOSED 24" WIDE STOP BAR WITH "STOP" PAINTED ON PAVEMENT, REFER TO SHEET C().3 FOR DETAIL. 0. PROPOSEDSTOPSIGN(R1·1~ REFERTOSHEETCD-3FOR DETAIL P. PROPOSED "DO NOT ENTER" SIGN (RS-1~ REFER TO SHEIET CQ.3 FOR DETAIL Q. PROPOSED"RRGHTl\IRNONLY"SIGH(IUQI~ REFERTDSHEET CQ.3 FOR DETAIL R. PROPOSED 11-40 MONUMENT SIGN. REFER TO DETAIL 1HIS SHEET. S. PROPOSED!!' HIGH CMU WALL WALL IS 8' HIGH ON n<E WEST SIDE AND 11.6'HIGH ON THE EASTSIDE. REFER TO SHEET CO.. FORDETAit..S. APPLYlWOCOATsnJCCOSYSTEMONCMU WALL PAINTED TO MATCH BUILDING COLOR "LATTE", REFER TO ARCHITECTURAL PLANS FOR PAINT SPECIFICATIONS. T. PROPOSED BIKE RACK. REFER TO SHEET C0.2 FOR DETAIL U. PROPOSED TRANSFORMER LOCATION. V. PROPOSED OUALATMNAC COMBO. W. PROPOSED FUTURE DUMPSTER LOCATION. X. PROPOSED CONCRETE TURNOUT PER FOOT INDEX 515. Y. PROPOSED FOOT CURB RAMP {CR21) PER FOOT INDEX 304. Z. PROPOSED 5 WIDE CONCRETE SIDEWALK. REFER TO NOTE 15 AND 1811iiS SHEET. AA. PROPOSED WHEEL STOP. REFER TO SHEET CD-2 FOR DETAJL... AB. PROPOSED CMU WALL WITH 'S HIGH STEEL FENCE. REFER TO SHEET~. GRADING PLAN FOR HEIGHT AND SHEET CD-4 FOR WALL N«l FENCE DETAILS. APPLY lWO COAT STUCCO SYSTEM ON CMU WALL PAINTED TO MATCH BUILDING COLOR "LATTE"', REFER TO ARCHitECTURAL PLANS FOR PAINT SPECIFICATIONS. SITE NOTES: 1. REFER TO SHEET C:V·2 FOR GENERAL NOTES. 2. REFER TO SHEET C.. FOR DEMOLmON PLAN. 3. REFER TO SHEET C-6 FOR GRADING AND DRAINAGE PLAN. 4. REFER TO SHEET C-7 FOR UT1UTY PLAN. 5. REFER TO SHEET L.01 FOR LANDSCAPE PLAN. 6. REFER TO SHEET EP1.0 FOR SITE UGHTING POLE DETAILS AND PHOTOMETRIC PLAN. 7. H.1. Oat.tENSIONS ARE TO GROUND LEVEL IMPROVEMENTS (FACE OF CURB, CONCRETE SLAB, ETC.) UNLESS NOTED OTHERWISE. REFER TO ARCHITECTURAL PLANS FOR BUILDING AND CANOPY DETAILS. 8. ALL NEW SUII.D4NG AND SITE SIGNAGE WUJ. COMPLY WITH ZONING REGULATIONS. II. ALL DIMENSIONS FROM PROPERTY UNES ARE I'ERPENiliCI.AA UNLESS OTHERWISE NOTED. 10. CONTRACTOR TO SOO ALL DISTURBED AREA UNLESS NOTED OTHERWISE. 11. CONTRACTOR TO INSTALL MEDIUM DUTY ASPHALT IN ALL NIEM. REFER TO SHEET C0.2 FOR ASPHALT PAVING DETAL 12. ANY ADJACEHT EXISTING LANDSCAPE MATERIAL DESTIIOYED DURING CONSTRUCTION SHAU BE REPLACED PER COUNTY REGULATIONS. 13. ALL lANOSCN'E AA£AS ARE TO BE IRRIGATED WITH AN UNDERGROUND SYSl'EM PROVIDING 1~ COVERAGE. IRRIGATION SYSTEM SHALL INCLUDE RAIN N«l SOl. SENSORS. 14. SOUD WASTE COU£C110N FOR THIS PROPOSED DEVELOPMEHTWILL UTIJZE A PROPRIETARY HAUL AWAY SERVICE. 17. ll£ DMVEWAY OONNECTlON WITHIN ll£ FOOT RIGHT-oF-WAY SHAU BE COHSlRUC1Bl PER FOOT STANDARD INO£X 515. 11. ll£ EOOE OF TRAIIB.IANE W!Tlil'lll£ FOOT RIGHT .oF-WAY SHAll. BE SAW CUT PRIOR TOll£ REMOVAL OF ANY MATERIALS. 11. ALL 01MER S'TRIPING, EXa.UDING P-STALLS, SHALL BE INSTAlLED WITH nE1UotOPlASl1C MATm.WI. 11 12 13 SITE DATA TABLE LAND USE PARCELJDI: 52 ... ).42~7-0030 CURRENT ZONING: CG-1 (GENERAL COMMERCIAL) PROPOSED ZONING: PUD/CG-1 (PLANNED UNIT DEVB.OPMENTKlENERAL COMMERCIAL) FUTURE LAND USE: c (COMMERC1AL) EXISTING USE: RESTAURANT, FAST FOODwl DRIVE THROUGH PROPOSED USE: BANKIFINANCIAL INSTTT\IT10N wl DRJVE THROUGH TOTAL PARCEL M1Ek. 34,838 SFI 0.80 AC EXISTING IMPERVIOUS AREA 26,003 SF/ 0.60 AC (74.64%) EXISTING OPEN SPACE 8,835 SF/ 0.20 AC (25.38%) PROPOSED IMPERVIOUS AREA 20,974 SF/ 0.48 AC (60.20%) PROPOSED OPEN SPACE 13,864 SF/0.32 AC(39.80%) REQUIRED OPEN SPACE: 5,229SF/0.12AC(15%) BUILDING DATA EXISTING: EXISTING BUILDING (1 STORY): 2.808SF:t PROPOSED: PROPOSED BUILDING {1 STORY) 3,450SF BUILDING COIIERAGE: MAXIMUM BY COOE 0.35 FAR. PROPOSED 0.10F.A.R. BUilDING HEIClHT: MAXIMUM BY CODE 3BFEEU PROPOSED 28FEET• REQUIRED SETBACKS: SDE(SOUTH) 15 FEET REAR (EAST) 80 FEET SIDE (NORTH) 15 FEET FRONT (WEST) 50 FEET PROVIDED SETBACKS: SIDE (SOUT!i) 89.58 FEET (CANOPY) REAR(EAST) 52.42 FEET (CANOPY) SIDE (NORTH) 18.32 FEET FRONT (WEST) 50.31 FEET PARKING TABLE STANDARD ADA(12'1<20') TOTAL REQUIRED (1 PER 250 SF GFA) 13 1 14 PROVIDED" 23 1 24 • ADDmONAL OPEN PERVIOUS SPACE FOR PARKING SPACE INCREASE: REQUIRED: 10 PARKING SPACES x 185 SF/PARKING SPACE x 1.5 • 2.ns SF PROVIDED: 8,638 SF (PROPOSED OPEN SPACE MINUS REQUIRED OPEN SPACE) .--------....., THE CONTRACTOR IS SPECIFtcAU.YCAUTlONED 'THAT THE LOCATION ANDIOR B.EVATION OF EXlSTlNG IJ11UTIES AS SHOVt'N ON TKESE PLANS IS BASED ON DESIGN DRAWINGS, RECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. CORESTATES.INC. ODES NOT GUARANTEE THAT LOCATIONS SHOWN ARE EXACT. THE CONTRACTOR MUST CONTACT THE APPROPRIATE UT1UTY COMPANIES AT UEAST n HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATIONS OF ununes. I ~ i ~ u 0 w Ul <( :I: u ~ i C-5 7 OF21 A B c D E F l 2 3 4 3'HIOK,TEn.Facf. [Q!'O!'f'flfe!EL•It:m <'U:~TOIHE£1'~ F~DE;rAI.J SECTION A-A SECTION B·B SCALE:1 "• 5' SCALE: 1••5' L __ 5 6 lOP Of w'" EL•V r r SECTIONC-c SCALE: 1•• 5' 7 EXISTING LEGEND ORNE THRU GRADING DETAIL SCAlE 1'•1D' ADA RAMP/PARKING GRADING DETAIL SCALE1'•1D' 8 9 }'[ • GRAPHIC SCALE i i ( IK FEET ) 1 lnt't1 • 20 n . PROPOSED LEGEND ----PROPERTY UNE ..... ::m .. ~ .. _.. .. s BUilDING I I ASPHALT PAVEMENT L" . ;-~ : ~ ... >I CONCRETE PAVEMENT (',·•· ,;·· ·~,'~<\i:' J CONCRETE SIOEWAU< --.•1--E.XIST1NGCONTOUR --21.0--PROPOSED CONTOUR -----TYPE "0" CURB ==== TI'I'E "I" CURB -• -• -FLOWUNE ~ SLOPE AND FLOW AAROW !TP121..21 I~ SPOTELEVATJOH ~STRUCTURE NUMBER .. STORMWATER PIPE & DIRECTION OF FLOW • STORM CATCH BASIN STORM CLEANOUT DRAINAGE SUB-BASIN ------RETAINING WAll DRAINAGE SCHEDU LE 0.13 + ST~ TVPETCURBINLET D.l1 ....... a.EAHOUT 0.00 SlU8 ... sr-oe ST-4 TYPE T CUR8 N..ET 0.00 0.00 * ST~7 PI'E END (CKJ'TFAU.) 0.00 GAATEIEOPI RIM ELEV. 14.&0 , .... , .... 111.03 11.34 111.17 , .... 15.311 10 i INVERT El.EV, 12.80(N). 8.10(8) 12.80(8).. 1.10(N). 8.10 (W) 11l.21 Ll4 .... UO(N).L10(E).I.10(NW) 11.50(N).a.10(W).&.10(E) 12..52 + B'WfJE EXFI.TRA."TJONTRENCH (212 LFlOTAl..). REFER TO SHEETc:::o-3 FORDETAl... * INSTAU. r a tcr ~«::REASER AHlJ SECT10N OF 11r PYC THROUGH WAlL (REFER TO SHEET CD-4 FOR WAlL OPEHNG DETAI.) 11 12 G RADING NOTES 1. ALL PAVING AND GRADING CONSTRUCTION MA.TERIALS AND METHODS SHAll MEET T1iE STANDARD SPECFlCAllONS AND REOUIREMENTSOF THE FOOT. 2. C()frfTRACfOR ts RESPONSIBLE FOR DEMOUT10N OF ~G STRUCTURES INCLUDING REMOVAL OF Nrf EX1Sl1NG UTlUTIES SERVING ntE STRUC1'URE. ~ARE TO BE REMOVED TO THE RIGiiT-OF.WAY. 13 S. THE CONTRACTOR IS SPECIFICAU. Y CAUTIONED THAT THE l.OCATION ANOIOR ELEVATION OF EXIST\NQ I.ITLIT1ES AS SHOWN ON THESE PlANS rs BASED ON RECORDS OF niE VARIOUS UTIUl"'r' COMPANIES. AND WHERE POSSIBLE, MEASUREMENTS TAKEN tN lliE AELD. THE INFORMAllON IS NOT TO BE REUED ON AS BEJNG EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE N'PROPRIATE UTUTYCOMPAN1ES AT LEAST n HOURS BEf'ORE ANY EXCAVAT10N TO REQUEST EXACT FIELD LOCAl'lON OF U11UT1ES. rT SHAll BE THE RESPONSIBUTY Of THE CONTRACTOR TO RB.OCATE ALL EXISTI'IG l.lnliTIES WHJCH CONFUCT Willi THE PROPOSED IMPROVEMENTS SHOWN ON THE PlANS. 4, All CUT OR FILl SLOPES SHALL BE 3:1 OR Ft.A'r'n'R UNLESS OTHERWISE NOTED. S. PRECAST STRUCTURES MAY BE USED AT CONTRACTORS CPT10N. 6. STORN PIPES TO 8E CLEANED OVTTO REMOVE AU. Sll. T AND QEBRJS, PRIOR TO FtW. IOSPECTION. 1. EXISTING CONTOUR INTERVALS SHCJIMrt AT o.5 FOOT. a. PROPOSED CONTOUR INTERVALS SHONNAT 0.5 FOOT. 9. IF ANY EXIST1NG STRUCTURES TORE~ AlE DAMI\GED DURWG CONSTRUCllON lT SHALL BE THE CONTRACTORS RESPONSIBIUTYTO REP AM ANDfOR REPlACE niE EXISTING STRUCTlJRE AS NECESSARY TO RETURN IT TO EXISnNG C0NDrr10NS OR BETTER. 10. H.L STORM PPE ENTERING STR\JCT\JRES SHALL BE GROUTED TO ASSURE CONNECT10N AT STRUCTURE ts WATERl1GHf. 11. ALL STORM SEWER tM.NHClES IN PAVED AREAS StW..L 8E flUSH WllH PAVEMEHT,NKl SHALL HAVE lRAFAC BEARING Rtro & COVERS.. MANHOLES IN UNPAVED AREAS Sl-W.L BE a- ABOVE FJMSH GRADE. U0S SfoW.L BE LABElED "STORM SEWER". 1Z. THE CONTRACTOR stW.LADHERE TO AU. TERMS &COHOIT10NS ASOUTUNED IN THE EPA OR APPUCA8L.E STATE GENERAL N.P.D.E.S. PERMIT FOR STORMWATER DISOIARGE ASSOCIATED wmt cpHSlRUCl1CN ACTMT1E8. 13. CONTRACTOR SHAU.ADJJST ~IM)RCUTEXJST1HG PAVEirttiNT AS NECESSARY' TO ASSURE A SMOOni FJT AND C0NTNJ0US GRADE. 14. CONTRACTOR 8tWJ. ASSURE POSfnvE DRAINAGE AWAY FROM BUILDINGS FOR ALL NAllJRAL N«J PAVEOAR£A!L 15. TOPOGRAPHIC N=QRirM'OON IS TAKEN FROM A TOPOGRAPHIC SURVEY BY L.ANO SURVEYORS. IF THE CONTRACTOR DOES NOT ACCEPT EXISfflG TOPOGRAPHY' /I.S SHOWN ON THE PlANS, WITHOUT excarnoN, 1J-EN nE. CONTRACTOR SHALL SUPPI.. Y, AT THEIR EXPENSE, A TOPOGRAPHIC SURYEV In A REGISTERED LAND SURVE"t'OR TOniE OWNER FOR REVIEW. 1&. N.L I.NSURFACED MEAS ots"n..NE:D BY GRADING OPERATION SHALl RECEIVE 41NCHES OF TCPSOL CONTRACTOR SHALL APflYSTABiliZA110N FABRtC TO AU. SlOPES 3rt1VOR STEEPER. CON'TRACTORSHALL STABIJZE DISTVRSEO AREAS IN ACCORDANCE WITH ~SPECIF1CAT10NSIMJ1l.AHEALTHYSTANDOFVEGETAT10NISD8TANED. 17. OOHSTRUC110N stW.1. COIR. Y 'NIT1f ALL APPUCABlE GOVERNtNG CODES AND BE CON8'IIIIlCTm lO ...... 11. ALL ST'ORM STRUCTURES StW.L HAVE A SUOOTH UNIFORM POURED MORTAR INVERT FROM lfrNERT IN TO INVERT OUT, Ufri.ESS OTHER'MSE NOTED, 11. CONTRACTOR TO MAINTAIN 1.5% MAXIMUM atOSS..SLOPE ON AU. SIDEWALKSAHO CROSSWALKS. CONTRACTOR TO MCXIFY PAVEMENT GRADES AS NECESSARY TO WJNTA!N MAXIMUM CROSs-sLOPE lN CROSSWALKS. 20. CONTRACTORTOPROVaDE P0SmVE DRAINAGE AWAY FROM AU. STRUCTURES WITH 1'JI. MINIMUW SLOPE 1r1 PERVIOUS AREAS AND 1.5,._ MUIIMUN SLOPE IN PAVED AREAS UNLESS 0 1MERV-'SE NOTED. 21. AU ELEVA110NSARE BASED ON NAliONALGEODETICVERT1CAt DATUM OF 1929. 22. 1MS 8fTE UES IN fU)OO ZONE 'C' AS PER FEMA. WI' PANEL NO. 12221.ooo2 B, DATED: .JN«.JN('f3,181L ABBREVIATIONS BS BOTIOMOFSWALE EP EDGEOFASf"HALT PAVEMENT FB FACE OF BUlli:XNG · QC GRADE ctw.IGE HP HIGH POINT ME MATCH EXISTlNG SB SIGN BASE SG SPOT GRADE TC TOPOFCURB TO TOPOFGAATE 11 TOP OF ISLAND TP TOP OF PAVEMENT ANOIOR CONCRETE TCYN TOPOFWAU. TW TOP OFWALK DOWNSTREAM PPE tNFORMAllON IIOTl'OMEL LENGTH (FT) &Itt/TYPE '1. SlOPE .... IML.f.15"' HOPE & 27LF 15" PERF. HOPE YES SOUTH 13lt'-15" HOPE & 55l.F 15" PERF. HOPE. YES NORTH, WEST 33 rPVC .. rPVC '""" rPVC '""" 23 rPVC '""" .. '""" 1QLF..1S" l«lPE a MLF 15" PERF. HDPE YES EAST, WEST .... 33 rPVC '""" .... NO '""" I'PYC '""" -· - THE CONTRACTOR IS SPEDFICAI..LY CAUT10NED THAT THE LOCA110N ANDtOR ElEVATION OF EXlSTlNG UTlLmES AS SHOWN ON THESE Pt»>S IS BASED ON DESIGN DRAWINGS. RECORDS Ol' THE VARIOUS UllLITY COMPANES, /IHJ WHERE POSSlBlE. MEASUREMENTS TAKEN~ THE FIEI.O. CORESTATES.INC. DOES NOT GUAFW(fEE THAT LOCATIONS SHOWN ARE EXACT. lHE CONTRACTOR MUST CONTACT THE APPROPRIATE UTUTY OOioii'ANIES AT LEAST n HOURS BEFORE N<'f EXCAVATION TO REQUEST EXACT FELD LOCATIONS OF UlllmES. 0 w Ul <( :I: u C-6 8 OF21 z ::5 a.. w ~ z ~ 0 0 z <( C> z 0 ~ C> A B c D E F G 2 3 $ rtwy,L-1!.19 SECTION -WALL A (EAST WALL) 3/4" = 1'-o· ...... ...... ...... ...... . ..... ...... 4 SECTION WALL B (NORTH AND SOUTH WALL) 3/4" e 1'-o· WALLS 12"' CNU RUNNING Tr- -~. ...... ..... 1 0" PVC PIPE PENETRATlOH PRO\IJOE 10 BAAS ON (4) SIDES OF OPENNG RETAINING WALL FOUNDATION PLAN ,. -20' 6 <> 7 $ IJ!w& An• 1J 00 w-<1' TIWAU. El..• 1IJIO $NCit4mrt.FDI%1~ (JUUt lD OEI'M. 1HIS ...., T/liAU.a..-l&.oo $ """"'......, ftERit TO WALl ~ CftMNQ DnM. fOit ..... .........,.. ....... I - I 'r " r_.....,_ ~ 9 10 c;==7 -----.+--15 w EACH sa: cr ~ +-~JUI~LMILI"t -----CAS'T-c:IIIEft:Oit~ (\IIPOIIIol SNt. LO.IrO Clii'IDTT .. 11'11P\1) I -··- r~~lEU'I~ "S'10S"'CIWIC1DI~ ,_,""'"" _ ___!-_ !J----------- ·-·-··~ ----:;,,_ -. $ IGA.·YI I I ~~~ v .... "* ---J',])S',if,S',fl 11 12 1-----ro.c.Noo. ------1 ~ DIUCTlOHAL .uROW WdcW ,.el c. lie nbd. lO"cnw rwtdl.,_~._ -· 13 DOUWi/IJNO ........... <V"" m •IJONTJ.GE PLUS'"'Ili.D 1$oo0... .... ...., WEST ELEVATION -WALL OPENING IAANUFACT\IR£R: AMERIASTAR F'ENCE 3/4" -1'-o· N @ REFER TO "'NEST ELEVATIC»r FOR WAJ.J.. OPENING FOUNDATION NOTES: lH£. FOUNDATION DESIGN OF THIS SlRuCfU~ WAS BASED 0H THE FOUOWINC CRITtRIA.: I, MAXIMUM All0WA9LL 5aL 8(ARitiC CAPA.OTY • 1~ PSr. (ASSUiroiCD) 2. SOIL BORINGS MUST BC TAA[N PRI~ lO CONSTRUCTION TO VERIFY TH( ACTUAL ALLOWABLE SOil. BCARING CAPA01'1'. l. fOUNOATIONS INOICAT(O "'VSl B£ WOOiriE O If THE ACTUAL SOIL B£ARINC CAPACITY IS LESS tHAN Ttl( VAlUC NOTED 11\1 IT[Irol fl. AU. (XT(RIOR FOOTINCS SHAlL CXTCNO 8Cl0W THE MAXIMUM AHOOPATED DEPTH Of FROST. THE CONTRACTOR SHAU NOTif"Y THE AROitltCT OR CNQN([R IS RECORD IMW(OIATELY IH THE EVENT lHA T THE SOILS CONOITICIHS (NCOUNTDlED VARY FROW THOSE $HOVIN ON TH( 80RINC LOCS. ALL FOUNDATION (XCAVATlONS SHAll Bf NSPE"CTtO BY A SOilS TtSTlNC lABORATORY PRIOR 10 PlActwon rs CONCRETe. COHCRET!l liND REINFORCING: I. AlL CONCRttt SHAU.. Bl IN ACCOROANa.. NTH THE ·.wUIICAN CONCR£Tt INSTITUTE aJilDtHC COD(• (AD 318) AND WITH •SPlCirtCATIONS FOR STRuCTURAl CONCMTE fOR BuilDINGs-(AO lOI) lATEST (OITKJNS. 2. AU NORMAL W(M>IT CONCRETC (14) Per) SHALl 08TAIN A WHIIUI.I 28 DAY COUPRESSIVE SlRENCTH C7 4!00 PSI. J. All CONCA(T£ SUB.LCl TO (XT[RIQR CxPOSuRl SHAll 8( AIR ENTRAINED AS AEC:OWMtND£0 BY A0 l18. 4. TEST CVUNDCAS SHALl BE MADE AND TESTED AS OqllM:D r-. OiAPTER 16 Of ACI-301. 5. REINFORCINC BARS SHAll 8( OEFORW£0 BARS Of NEW BilLE 1 STEEL CONfOAiroiiNG TO ASTM A-615. GRAD£ 50. 'fi(LD£0 WIR( fABRIC SHAll CONrORM TO ASTirol A-185.. ALL R(INfORQNC AHD AcaSSORI[S SHALL 8( [)(TAI.£0 ANO PLAa:D IN ACCOROANC£ WITH AQ STAHOARO 315 AND 315ft 6. PRO'tt!DE AU. AC(:(SSQRI(S NECESSNtY TO SUPPOR T REN"ORCEWEH T AT POSitlOHS SHO¥IN ON lHt P\,AN$ N«> D(TAk.S. PLASTIC COATED ACIXSSOfnES SHALL 8( USED W ALl [lPOS£D COK:R£1£ WORK. MASONRY: CONCRET£ 81..()0( D£9Q.l AHD COfSTRUCTION SHALL CONfCibol TO •BULO..G COD£ R[QUIREMENTS FOR WASCJrfRY SlRUC1\IR£S. • tloiS 402/ACI ~/ASCE 5 AND •SPEOfiCATIONS fOR WASONAY STRUCTURES• (TUS 602/ACI ~30.1/AStt 6) 1. MASONRY WAl[RIALS SHALL C()NfCJRt,l 10 TH( lATEST (OITION Of THE fO.LO'MHC SP£oncAT10NS: A. HOLLOW l OAD B(ARtNG COHCRlll BlOO<: ASTW C-10. CRA0C NT. WINIWUN COMPR£59\of SlAI'HCTH • 1900 PSI AT 18 DAYS. 8 . MORTAR: A$TW C-170, T'I'PE S. t.IINIWU ... COWPRESSIW STRENGTH • 1800 PSI AT 18 DAYS C. MORTAR: ASlW C-270. T'I'Pf u WIHIWUU COMPRESSI\I£ STRENGTH • 2500 P~ AT 28 DAYS. (USED rOR .. lOW CRADE WORK) D. GROuT: ASN C-418. IIUHIMUfl,l COUPAESSI\f£ STIUNCTH • WOO PSI AT 28 OATS [. MASC»ooRY R!NORaWENT· A$1M A-82 CAl.VAMzt:O I. MASONRY PAISW S1ROtC1H: rm • 1500 PSI "OOEI.! "ONTAGE PWS aASS1C 2/3-RAn. Willi 3/4" PICI<EIS. loREOUALj STEE L FENCE DETAIL 2. =A~~sOW~~or AP~~~;v ~~~~~G ~~~~A~~;-~R~~~:::\~~t ~L 0~~ CONFM¥ 10 lHEIR RESP£Cn\f£ AST ... REOUIR[Ioi(NTS. l. GROUT AU CAVITIES CONTAININC REII!Ir()f~C£t.t[NI 1N LFIS NOl TO (XC££0 ~·-oa. 4. LABORATORY PREPARED MIX£5 9-tAI.L B£ PREPARED MID trST£0 IN ACCORDANCE WTH ASTt.l C-270. fiELO l,I()RTAR SHALL BE TESTED BY m APPROV£D T£STING lABORATORY IN ACCORDANCE WITH ASTM C-780 TWO SETS Of TliREE MORTAR CUBt:S SHAlL BE TM:[N OIAECTL 'I' rAow THE MIX(R FOR (ACH DAY OF" WASONRY WORK.. TEST THE CUBtS AT 28 DAYS. ACa::PTANC£. OF THE UORTAR SHAU 0C AT THE OISCREllON or THE [NGtN([R. ~. CALCIUM CHL.OiliO£ AND/OR A[)WXliJRES CONTAINING CALOIJI.I Otl.ORIOC SHAlL NOT BE INCLUDED IN MOR TAR OR CROUT NIX. (XC[PT WH(H APPRO\'ED IN ~I TINC BY THE STRVCTURAL (NGINUR. NO ANn fR££1£ COMPOUNDS SHAlL BE USED TO LOWER THE MORTAR'S FREEZING POINT. 6. NO UTERIOR MASONRY SHAU. BE l.AIO WHEN THE. OUISIOE. AIR TENPE.RAlURl IS LESS THAN 40 Q(Cft(($ rAHR(Nti[IT. lH..[SS lH[ R(COt.IW(NDATIOHS SPtOfl£0 BY THE IHfERNATlONAL WASONRY INDUSTRY All 'lfii[AlHt.R COUHCil IN J'H[IA PU81.1CATION aR[COWJotEHOfD PRACTICX"S AND CUIO£ SP(orTCATlOHS f OR CCl.D 'M:A THER WASONAY"' ARE STRtCTL Y rO..LOWED. 7. THE t.IASQHRY CONTRACTOR SHALL PROVIDE BRACINC TO YIIITHSTAHO HORIZONTAL PRESSURES AS REQUIRED BY THE BUILOINC CODE AND lOCAl ORDIHANC£. CONCRETE BlOCK JOINT REINFORCEMENT: Al.L CONCRETE II.OCK WAllS TO R£CEM 1H£ FOI.LO'MNG JOINT REINFORCEMENT: lAOO(R OR TRUSS TYPE ..ONT R£1NfORCINC WITH SlOE AND CROSS RODS WITH W'IA( ~ZE (W2.8 OR 3/l&*•) SPACED 16* D.C. VERTICALLY. (OUR-0-WN..L Of.J200 ·suPER HEAVY wtiCHT• OR (QUAl) ~t.IILAR rOR CONCRETr BRICK PRODUCTS. CONCRETE WALL REINFORCEMENT DETAIL AT CORNER 3/4" -1'-0" 0) ~oi ~O:::rt 0 ~!i zw~ w5 o:::o::r:: ~m~ en <( ~ ,C) :::.:::a..~ zo~ ~~~ w..-::r:: Cl) (/) ~ <( ::> 1* I ~ () ~ 0 UJ U1 c( :r: u en ...J ~ w 0 0 z <C z :5 0.. ...J ...J ~ CD-4 13 OF21 PAUl BEACH GARDENS LANDSCAPE REQUIREMENTS MINIMUM LANDSCAPE REQUIREMENT FOR NONRESIDENTIAL DEVELOPMENT: 1. lHE MINIMUM OPEN SPACE REQUIREMENT FOR AU. NEW NONRESIOEN'llAI. DEVEI.OPMENT SHALl. BE t5 PERCENT LAND DEVB.OPMENT REGUlATIONS. -IMUM t5 PERCENT OF OPEN SPACE IS REQUIRED (34,838 Sl' X t5ll • 5,228 SF) 13,864 SF OR 40% PROVIDED 2. NO MORE ll!AT 40 PERCENT OF 1HE TOTAL lANDSCAPE AREA SHALL BE COVERED WITH SOD OR GRASS. 13,8M SF OF LANDSCAPE AREA X 40% • MAXIMUM 5,546 SF REQUIRED 3,165 SF PROVIDED OR 28% 3. MINIMUM LANOSCAPE POINTS REQUIRED: PERCENT OF OPal SPACE PROVIOCD (40 • 4& PERCENT) • &.15 POINTS PER tOO SF OF REQUIRED OPEN SPACE (t3,8Wt00 X 9.5). TOTAL POINTS REQUIRED= t,3t7.08 PRO'JIOEO POINTS BREAKDOWN: TREES WITH 12 FOOT MINIMUM HT.-t5 POifoii'IIPI..US t POINT FOREACHFOOTGREATERll!AN MINIMUM 9TREESX 15 +OADDmONAL POINTS• 135POIHTS PBG PREFERRED PAI.MSSPECIESUSTWITH MINIMUM 8 FEET OF CLEAR TRUNK-3.3 POINTS PUIS 1 POINT FOR EACH FOOT OF CLEAR TRUNK GREATER THAN 8 FEET 7 PAlMSX3.3 +&4AOOinONALPOINTS • 107.1 POINTS PALMS NOT ON PB<l PREFERRED PALMS SPECIES UST OR LESS THAN 8 FEET OF ClEAR TRUNK-t POINT 7 PALM X t • 7 POINT AU. SHRUBS (MINIMUM OF 75ll FROM PBG PREFERRED SHRUB SPECIES UST)-t POINT t,358 SHRUBS X t = t ,358 POINTS AU. GROUNOCOVER (MINIMUM OF 7511 FROM PBG PREFERRED SHRUB SPECIES UST)-2 POINTS PER 1DSF 5,422 SF /10 SF X 2 • 1,084 POINTS GRASS AREAS-0.25 POINTS PER 10 SF 3,885 SF /10X0.25• 97 POINTS NATIVE TREES· 51NCHES OBH • 20 POINTS PLUS t POINT FOR EACH INCH GREATER 1liAN 5 OBH 4 EXISTING TR£ES • 20 + 37 ADOlTIONAI.. POINTS • 57 POINTS SPECIMEN TREES • 25 ADDITIONAL POINTS TOTAL POINTS PROVIDED • 2,850. t LANDSCAPING AND SCREENING FOR VEHICULAR PARKING AREAS: 1. lltE MINIMUM SHADE TREE SPACJNG FOR INTERIOR PARKJNG AREAS SHAU.. BE SUCH THAT ntE CENTER OF ANY PARKING SPACE IS NOT MORE T1iAN 40 FEET FRON THE CENTER OF niE SHADE TREE. A SHADE TREE MAY BE REPlACED BY A MINIMUM OF THREE PALMS Q.USTEREO TOGETHER. AS LONG AS THE AFFECTED PARKING BAYS ARE MORE THA.N SO FEET FROM A PUBUC STREET. 2. A LANDSCAPE ISLAND SHALL BE REQUIRED FOR EVERY 9 PARJONG SPACES LOCATED IN A ROW. 3. THE MINIMUM LANDSCAPE AREA SHAll. CONTAIN NO DIMENSIONS LESS THAN ~ FEET IN WIDTH FROM INSIDE OF CURB. THERE SHALl. BE NO lANDSCAPE AREA SMALLER THAN 25 SQUARE FEET. 4. LANDSCAPING, EXCEPT SOD, SHALl. BE REQUIRED TO BE AT LEAST 2 FEET &INCHES FROM lHE EDGE OFTHEWHEELSTOP OR CURBING. THE CURSING SHALl BE ATLEASTBINCHES IN HT. ABOVE GRADE. 5. VEHICLE PARKING NIEJoS DESIGNED TO PERMIT VEHICLE OVERHANGING INTO THE LANDSCAPED AREAS SHALl. NOT BE PERMITTED TO COUNT lHE FIRST 2 FEET 8 INCHES OF I.ANDSCAPE AREA AS OPEN SPACE. 8. lHE PERIMETER OF VEHICLE USE AREAS ABUTTING PUBUC ROAJ> RIGHT!I.{)F-WAY, INCLUDING DRIVEWAYS TO PARKING LOTS, SHALL INCLUDE A CONTINUOUS BERM AND HEDGE. THE BERM SHALL BE CONSTRUCTED AT A MINIMUM ELEVATION OF 2 FEET JoBao1E THE GRADE OF THE PAAKING LOT, AND lltE HEDGE SHALL BE MAINTAINED AT A MINIUUU HT. OF 3 FEET AT MATURJTY. ~ 7. WHERE A POINT OF OIWEWAY OR ClTHER POINT OF INGRESS OR EGRESS INTERSECTS A PUBLIC RIGHT-01'-WAYQR WHEN THE SUBJECT PROPERTY AliUTS THE INTERSECTION OF 2 OR MORE PUBUC RIGifl'S.OF.WAY, AU.LANOSCAPING WITHIN THESE AREAS SHALL Al.J.OW VISIBILITY BETWEEN 30 INCHES ABOVE THE ESTABLISHED GRADE AND 6 FEET ABOVE THE ESTABLISHED GRADE. MINIMUM LANDSCAPE BUFFER AND PLANTING REQUIREMENTS: 1. A lANDSCAPE BUFFER SHALL BE A MINIMUM OF 8 FEET IN OEPlH AROUND THE PERIMETER OF A PARCEL. 2. A MINIMUM LANDSCAPE BUFFER OF AT LEAST 2ll FEET IN DEPTH SHALl. BE REQUIRED ON lANDS LDCATEDADJACEHTTO PUBUC STREETS AND RAILROAD RIGHTMlF-WAYll!AT ARE tOO FEET WIDE OR GREATER. 3. THE MAXIMUM SPACING OF PlANTING TREES SHAll. BE 80 FEET ALONG Nf'f PER111ETER BUFFER SQ LONG AS ALL POINT REQUIREMENTS HAVE BEEN IIET. 'NITHIN THE PREFERRED PlANT liST, AS PROVJDED IN THE CITY'S LANDSCAPE WORK 5. BAa<FLOW I'REVEHTCRS SHAll. BE~ FROM PUBUC VIEWunJZING N('( COMBINATION OF TREES, PALMS, HEDGES, OR 01HER BARRIERS AS API'ROIIED. I. ACHIEVING THE TOTAL POINTS PER OPEN SPACE FOR AN ENTIRE PROJECT WITHIN ONE OF MORE AREAS DOES NOT EXEMPT ONE FROU COMPl. YlHG Wffif ALL OTHER REQUREMENTS EVEN IF ll!AT MEANS EXCEEDING THE MINIMUM REQUIRED TOTAL POINTS PER OPEN SPACE. 7. LANDSCAPING SHALl. BE INSTALUED AROUND GROUND SIGNS PER SECTION 7~287. THE MINIMUM WID1H ON lHE FRONT SHALL BE lHE HT. OF THE SIGN,1HE MINIMUM WIDlH ON THE SIDES SHALl. BE lHE HT. OF THE SIGN, AND THE MINIMUM WIClTH ON THE REAR IS 3 FEET. FOUNDATION LANDSCAPING AND PI..AN!!NGS: t , FOUNDATION lANDSCAPING SHAU. BE WITHIN tO FEET OF AU. BUilDINGS AND STRUCTURES. 2. AU. FOUNDATION AREAS SHALl. BE IRRIGATED AND OF THE APPROPRIATE SIZE TO ACCOMMODATE1HE MATURE SIZE OFlHE VEGETATION TQ BE PLANTED. 3. lHEFOUNDATION PLANTING AREA FORA t STORY BUILDING SHALl. BEAT LEAST5FEETWIDE AND EXTEND ALONG lHE PORTIONS OF A FACAIJE ll!AT DIRECTLY ABUT A PARKING AREA OR VEHICULAR USE AREA, EXCLUDiNG ENTRYWAYS AND DOORWAYS. 4. AT LEAST 1 SHADE TREE OR PALM Q.USTER SHALL BE INSTALLED OR EACH 30 UNEAR FEET, OR FRACTlON THEREOF, OF FACADE WIDTH. A MINIMUM OF 1 TREE PER FACADE SHALl BE Pt.ANTEO, AND lHE REMAINDER OF THE LANDSCAPE AREA SHAll. BE TREATED APPROPRIATELY WITH PLANTINGS AND PEDESTRIAN ACCESS WAYS. TREES AND PALMS SHALl. BE QF AN INSTALUED SIZE RElATING TO THE HT. OF lHE ADJACENT WALL OR FACADE. WALL HT.S LESS THAN t5 FEET SHALl. HAVE TREES A MINIMUM OF 12 FEET IN HT. OR PALMS A MINIMUM OF t2-t4 FEET IN HT .. WAJJ..HT.S BETWEEN 15 T02S FEETSHAU. HAVE TREES A MINIMUM OF 14 FEET IN HT. OR PALMS A MINIMUM OF 14-t8 FEET IN HT .. MINIMUM LANDSCAPE AND HARDSCAPE STANDARDS: t. TREES SHALL BE A MINIMUM OF 12 FEET IN HT. WITH A MINIMUM CROWN OF 5 FEET. 2. 75 PERCENT OF REQUIRED TREES SHALL BE NATIVE SPECIES OR SELECTED FROM THE CITYS PREFERRED PlANT UST. 3. PALMS SHALl. BE A MINIMUM OF 8 FEET IN HT. WHEN USED FOR REQUIRED BUFFER OR PARKING PROPOSES. 3 PALMS EQUALS t REQUIRED CANOPY TREE. 4. HEDGE SHRUBS SHAll. BE A MINIMUM OF 3D INCHES IN HT. AND PlANTBl NO MORE THAN 24 INCHES ON CENTER. 5. VINES SHALL BEAMINIMUUOF 110 INCHES TRELLIS LENG1HWI1H 30RMORE LIVE RUNNERS AT Pt.ANTING. VINES SHALl. BE ATTACHED TO SUPPORTS. 8. SQO SHAll. NOT BE PLACED CLOSER 1HAN t81NCHES FROM 1HE TRUNK OF A TREE. HARDSCAPE AND NONLMNG LANDSCAPE MATERIALS INSTALLATION REQUIREMENTS: t. AU. PROHIBITED PLANTS SHALl. NOT BE P1.ANTED ANYWHERE IN THE CllY, AND IN SOME CASES MUST BE REMOVED. 2. API'ROIIED WALLS OR FENCES SHALL BE SET BACK FROM PROPERTY UNES SUFFICIENTLY TQ INCLUDE LANDSCAPE ON lHE OUTSIDE OF 1HE WALl. OR FeNCE. IF NONLMNG BARRIERS ARE USED, 50 PERCENT OF 1HE BARRIER SHALl. BE COVERED OR SCREENED BY VEGETATION ON THE STREET SIDE ALONG PUBUC RIGHTS-<lf.WAY AND INTERIOR PERIMETER ARfJo8 VISIBLE TO lHE PUBLIC. 3. THE SLOPE OF NN BERMS SHALL NOTEXCEEOARATIOOF3:t . .C. A. MINIMUM OF 3 INCHES OF COMPACTED, ORGANIC MULCH SHALL BE PLACED AROUND AU. NEWLY INSTAU.ED TREES, SHRUBS AND GROUND COVER PLANTING AREAS. 5. NONSPECIMEN PALMS PLANTED IN PERIMETER BUFFERS SHALL BE INSTAU.ED IN GROUPS OF NO LESSTHAN3. 8. AU. PLANT MATERIAL SHALl. CONFORM TO OR EXCEED THE MINIMUM STANDARDS FOR FLORIDA NUMBER 1, AS PROVIDED IN lHE MOST CURRENT EDmON OF THE GRADES AND STANDARDS FOR NURSERY PLANTS, PARTS I AND II, M AMENDED, AS PUBUSHEO BY THE FLORIDA DEPARTMENT OF AGRKA.JLTURE AND CONSUMER SERVICES. 7. LANDSCAPING SHALL BE INSTALLED WITH SOUND WORKMANSHIP AND SOUND NURSERY PRACTICES (ACCORDING TO ACCEPTED PLANTING PROCEDURESI IN A MANNER ll!AT WILL ENCOURAGE VIGOROUS GRClYilll. 8. THE CITY SHALL REQUIRE ROOT BARRIERS FOR TREES PLANTED WllHIN t5 FEET OF Nf'f ROAI> RIG!fTS.a'..WAY, SIDEWALK OR UTIUTY. &. AU. LANDSCAPE /IIIEM, EXCEPT lHOSE NIEJoS COMPOSED OF EXISTING NATIVE PLANT COMMUNmES, SHALl. BE IRRIGATED WITH AN AIITOW.TIC UNDERGROUND IRRIGATION SYSTEM. 10. THE IRRJGATION SYSTEM SHALL BE OESJGNED AND INSTALLED INACCORDAHCE WITH ntE FLORIDA IRRIGAOON SOCIETY STANDARDS AND SPECIFlCATIONS FOR TURF AND LANDSCAPE IRRIGATION SYSTEMS, AS AMENDED FROM TIME TO TIME. 11. IRRIGATION SYSTEM SHAll. BE DESIGNED AND MAINTAINED TO OBTAIN THE FOlLOWING RESULTS: EUMINATE THE WASTEFUL USE OF WATER ELIMINATE STAINING OF BUILDINGS, WAlKS, WAU.S AND OTHER SITE IMPROVEMENTS INCLUDING LANDSCAPING PROWlE A MINIMUM OF tOO PERCENT COVERAGE, INCLUDING THE CAPABIUTY OF APPlYING WATER ONTO TURF ARfJo8 ON A DIFFERENT SATURATION LEVEL THAN THAT USED TO IRRIGATE SHRUB-PlANTING BEDS EUMINATE WATER OVERTHROW ONTO NONPERVIOUSAREAS t2. AN IRRIGATION PLAN SHAll. BE REQUIRED AS PART OF AN OVERALL lANDSCAPtNG PLAN AND SHALL BE A MINIMUM SCAlE OFt INCH EQUALS 30 FEET. t3. RAIN ORUCISTURE SENSORS SHALLBEREQUIREDONAU.IRRIGATION SYSTEMS. t4. THE CITY ENCOURAGES THE PROPER CHOICE OF PLANTS FOR WATER CONSERVATION IN LANDSCAPING AS SET FDR1H IN lHE SOUTH FLORIDA WATER MANAGEMENT DISTRICT XERISCAPE PLANT GUIDE. OT Ell 0 Cl D TF EM e BE . 0 00 ~ NJ TA PLANT SCHEDULE TREESIPALMS: l<Q!lS m. cs ' DL e PE t RR 7 SHRUBS: ~ liD. Cl 175 BE tt2 00 • w t32 PA 230 SA 355 SR I TF 343 GROUNDCOVERS: BOTANICAL NAME Cotdlo- Dypolo l- Plydloopormo---- BOTANICAL NAME Clwya<>bolonus Ic:aco BougalnviiiM 'E.Imbeth Angus' Clolohlmla groclb I.JguatNm jopanlculn Plumbogo ......_ ~ Bkle' ---'"11-Trtpooc;un- ~~E-~ E ........... mil T_-..,,. ...... LANDSCAPE SPECIACATION REQUIREMENTS: COMMON NAME ORANGE GEIGER TREE ARECA PALM ALEXANDER PALM FLORIDA ROYAL PALM COMMON NAME COCOPl.UM BOUGAINIIIt.l.EA 'EUZABE1H ANGUS' THRYALUS GREEN UGUSTRUM PI.UNBAGCl GREEN r:NIAAF SCHEFFLERA ORANGE BIRO OF PARADISE EASTERN GN.IA GRASS FERN VARIGATEO FlAX ULY BUJE DA2E CROWN OF 1HORNS GREEN JASMINE MINIMA 1. AU. PlANTS TO BE FLORIDo\GAADEI1 OR BETTER. AU. TREES TO BE FLORIDA FANCY. 2. AU. BEDS TO BE MULCHED WI1H 3" LAYER OF PINE BARK NUGGETS OR APPROVED EQIW.. EXIST1NG VARIEGATED SCI"EFFLE'RA ~ EXJSTfoiG tr FtcUS EXISTING 12'-15' ACUS HEDGE EXISTING 3' SEAGIW'E HEDGE SPEC!FICAJJOHS IIU, MIN. t2' IN HT., 2 112' CAUPER. 5' SPREAD, 5' CT BIB, MIN. I' IN HT., FUU. BIB, MIN. I' CT., DOUBLE STEM FG,IIIN. ~CT., I' GREY WQOD SPECIFICAT10NS • ' 7 GAL.. MIN. 30"' HT., 2A• O.C. 3 GAL, BUSH, FULL. 24" O.C. 7 GAL. :r x 2', SPACE AS SHOWN 3 GAL. MIN. 24" HT., FULL. 24" O.C. 3 GAL, MN. 20" X 20", FIA.L, 24" O.C. 3 C3AL, MIN . 24"1N HT., 24" C.C. 7 GAL, 3' x 2', SPACE AS SHOWN 3 C3AL,IIIN. 24"1N HT., 24" O.C. 1 GAl.. FUI.L, 12" X 12", t C3AL. FlJI..L, 24" o.c. 3 C3AL, FIA.L, MIN. 20" -24" IN HT .. 24" C. C. t C3AL. FIA.L,24" o.c. 1 GAL, It' X It', 12" O.C. 1 C3AL, FIA.L, 24" o.c. ~ YES NQ NQ YES NATIVE ~ NO NO NO NQ NO NO YES NO NQ NO NQ NO NO WAJER USE ZONE HOT HOT HOT MOT WATER USE ZONE MDT HOT MOT HOT MOT MDT HDT MOT HOT MDT MDT MOT MOT MOT :1. AU. PLANT MATERIAL SHALL BE WATERED VIA AN AI.ITOMATICALLYTIIEDAND CONTROI.LEO PERMANENT UNDERGROUND IRRIGATION SYSTEM. o4. AU. PLANT BEDS SHALL BE FI..LED 1NITH NATIVE TOPSOIL INCORPORATED 1NITH ORGANIC MATTER. FREE OF WEEDS AND GRASSES. 6. AU. SOO TC BE ST. AUGUSTINE (STENOTAPHRUM ~T\N RORATAM'-APPROXIMIITELY 3,185 SF). 8. ROOT BARRIER UNEAR FOOTAGE SHOWN ON PLAN IS FOR TREES ADJACENT TO CURSING. CONTRACTOR TO ALSO INCLUDE A MINIMUM OF36" CALL48 HOURS BEFOREf® YOU DIG ... IrS lHE LAW! I Kncwwllal'abelow. Celbefore you dig. st.l8tN: STATE 0Je CALL 01' FlOAIOt\ IC. z :5 a.. w a.. <· (.) en 0 z :5 L-01 ~ J • f i .I I ~ I k I l I f i J ! s j j ~ .. J I I i .II i l I t z .II f I . f .. & J I 1. INSTAU.COfrfT1Ir«JJUSMA.CHIEDAOJACEHTTOPARKJNQ SPACES AS 8HO'Mt. MUlOt 8tW.L BEWH.r DEEP. NO P'ONJP ~TlON HEADS 8HALL BELOCATEDWiniN 24" Of A P~ SPACE ON AHf SIDE. 2. CURB OR PARKING LOT E~ BY O'TH!RS. Parking Space/Curb Planting -""' ALl. lft!!lltWJ..II ........ VIRnCALL Y ~ATCUJWrfC:f:01THRHDEOReEI. UfrU!III~Dfii:IECTIDWOWNSn ..........,.._ Small Tree Planting t . PROlCCTlN:!TJU«WfTHILACK ....... .-. 2. .,o OAIJOE VMf INC7fl. FOR wu.:n-T'RlNC TREES, USE liPAAAl1 OWl TO STROHOUTTRLN<.S .\T CEHTEA Of' EACH). J. n«EE2"Xtr lC)()Oe JI'OLEIIPACIE!WN..Y AAOIMO,..._ 4. l" ....._.. t# ~ M IPI!CFEO. WHEftl. TRfD NW. fi\.ACEOINSOO, ,.,._CH RIMO FOA TRE£1 IHAU. ~It OWIIETER !Mk) ORAS~ aY O'M£R'S -·-.. IOI.KRNTOHOI.DWAlSl I. FNIIED C*W:If. (10! CRAD1HG Pl.AH) 7. TOfi'OIAOCJT'IALlt.IIN.2"ABCN!FNSHED -t. e a e OR CONY'A~eUZED (SEE SPECACAnoHS f()ft ROOT IWJ,. -~ t. f'RP'NIIDPlMTN) 8011.. AS SPEOFIW. ($UI.JrHDICN'IH0Ta) 1Q. AOOT'IAU.I o.A!AT'ER now. 24" DWE1ER ltWJ.. R P'I.ACeD ON NOI.N)O# I.HJtl1'\.-eD 101.. TO PR£VENT SETl\.Nl ..acmw.u tMIUDllHAN :M" ~ DIA. MAY 1fT OH CCY"ACTIO EMTH. ""'"' A. COH'TRACI'ORIHN.J.ASSUAE PeltOCitATJC»f011H.LJIII.AHTNJI'ITS MOR TO tiSTAI.I.ATWJN.IF THE -"""""""''POOR ClfWIW3I c:::otCJrT1C)tW 1H!N ft.: ll..la'N::I! cwntl!! mm ROOTBAU..atW..L ae•··rAittHf.~GMDe 'MTHA TOf"'IO. IIIX GlfWJt.W.L.Y MOUNT1!D TO MEETn.i TOf' 011 1M! R001IW.L 8. AW. TREE fTHCINO OETAI.aAHO PlACBIIHf TO Je N"ff'RRY!D l't OrMoER. C. "TREE "'V!R' AHQtOAINO SYI'T'EM MAY- a.esmvt'ED FOR WOOO &TNCNISYST91 I.PCN l#fJNHN. 1'1' OMER Oft OMrER'S ............. _ ~~--------~,~~/--.~·" FRONT OF 11\NfTWQ: BEO. ...... TOP\AH1' ICH!DU.! FOR .. ACINQ. t!!!IQ t. TOPOfSHRIAI~TO BE PL.AH1'm r .. r HIGH wmt 801.~\JPTOTHETCP O<AOO'TJ.ILL 2. PAlJfE AU.IHRlaS TO ADI!V! A~MASSMEIOHT. a. ,..,..,....MU.CHAS SI'£CIFED. C. EXCAVATEBnva:BED SPECFJB) FOR GROUNOCOYER BED. L FINISHfD GR.\DE (SEE CAAD1N0 P'UH). AU.IHMSSNIIJ QROUNDCO\IEM IHAU.I!" PLUMI VERTlCALL.Y, UM...ESS OmeRWIIE DflECT'EO IY OWNER'S REPRESENTATIVE I . PREPAAEOPI.ANTWGSOIL AS IP!CIIl1!D. (SEEI..ANlSCAP! NOTES) NOTE: WHEN~ CQ.IERS ANJ IHAlJIN UIEO IN MANU. EJrlME lED TO IE AMEHDEO WITH Pl..AHTWG SOl. MIX AS IP£Cifi&D. 1, ICAAIFY ROO'TaAU SIDESIHJ 8onoM. Shrub/Groundcover Planting / ' )( t . l'1i "PERRIIIElER A..UrOCIHSTRUCTION FEHCE IY CONWED Pt..ASTIC8 OR OWNER'S REPRESENTAllYE ~ ECM..IAl.. S\.MMIT PRODUCT NCIRIMTION FOR N"PRCNN.. Pftk)R TO NITM.I.ATlOH. 2. rTAU.METALTPOST8DRrarxr PRESSURE TREA'TBJ WOOD POSTS Yt1TH 30" ........ 8ELDW ORADE. A. POST sa.ECTlCH SHOUlD IE BASS) ON DRIP'LIE EXPECTED STREHIJ'1l1 HEEDII NCJ nt! LENOTH {T'VP.) OFTM. FENCE WI.L IE Ill P\ACE. FLEXILE FI8ERQLASS ROO POSTS He~ FOR PARKS, AnLETIC EVEHTINfiJ CROWD JE6 -POSTI: N'f2 rtPICAU.YUSED FOR CONS'TRUCTKlf\l NfO OTHER Af'PUCA 1lONS. IL POSTS~ IE DRrYEH INTO THE GROUND lOA DEPnf OF \130# nEtEtGHT Of TMf POST. FOR EXAMPLE, A'PCIST atOtA.D BE 8£T AT LEAST Z HrD THE C3RCUCJ. C. SPACE. POST8 E\IERV. (UN.) TO • (MAX.).. 0 . SECURE FENCING TO POSTVIImt N'l'l.ON CABLE TD Y.VM.A81.E FROtl COHWB> PI..ASTU).. WOOD SfMIS Mo\Y RAUO BE USED TO PROVIDE ADDmONA&.aJ'PORT NfO PROTECTlON IIII£1'WEEJII1 TJEIIIMO POSTS. Tree/Shrub Protector J ~ FVME 1ESIM. t.-o.Avam DIET COlT ACT J Ylmf FDC:E. WtRE W.Y IJIIIMIIIGE FBICE CNfR DE. -- t. ........,.OFNIIEI")GOODPAI..M ...,..,., 2. PIUE. ANO ne FAON>S WITH HEUP TWINE.~ PALM$ TO 8£ s&LiiC'TlVB.Y ~c::ur. L£AVINQ 3-411W..LB\, TliME) FRONDB • 1 ILAl'UtiOf'lnRAPTO~ ........ 4. fiYEZ"X4"X 11"W000BAllV(S. I. ~ M TT81S WFTM 2•1'4" CMION ITlEL IIANJrS TO HO.D IA~IIIP\.ACLNOHN..ISHAU. ae: ORI'\IBIIIHTO PA&.M. ISQHT OF 8ATTINI a.WJ. ae: lOCATED IN RfLAllON TO lltE f«<IK1' 0# THE f'HJ.I fOR ADfOIJ4TE IAACN1 .. (S)~'lQI"a.IPII'ORTS.JW..pu...l. AND twL IFNECUSARY)TOI4.1'19lS AHD2")(4"1'TN<U. A.AGA.T loiOPOINT AND AT IASI. "1. f'ROYIJ!fi.AOOINOATMIDf"'tfTAHO ....... I. :r8P£CI'IEOIIU.CH. e. ltBtNSOI. TOHOI.DW.t.T9t 10. FlHISHORADf 11. atX24'\MH)P.T. WOOOSTNCES (TYP-)""'l.TOIUPJI'Okfi"'O..!S. 12. Pfe"ARmf'VMTlNGIOI..AS Sf'EC:FEO. (I& I..ANtiSCAPE NOTEI}. HOTI"t A. W~PA&.MS-.t.MWI BOOTS INTACT. B. SE! f'lNIS AHD PEC& FOR PAI.MS 1M BOCJT3 TO RBWN OH TRlNC. C. ANAL me!"STNCN:JOETAUIIHJ ~TOJe:~IY OWNER. " AU. PAUD 8tW.leE Pt.LMI VEimCAU.Y v.mtiN A 1'Cil.S\AHCI or TMAE.! OEOREES. LI'USS oTHERW!Sf: D. COf'l'1lW:TCI'letW.LAS:Sl.M PEACOl.AllON OF AU. PLNmHG PITS PRIOR TO NIT..u.AnoN. P THE CCJNTRACTOR ENCO'.HIVtS "POOR ORA.NAOe CONDmONrTHENlHE SURFACE Of llilllUi! FIOCJ1'8AU. stWJ.H4"·r~~BCW"E~ ORADE~ATtJPSOl.M&X OAADUAUY loiOUNTED TO t.EErn-E TOP OF THE AOOTMl. DtR!CTID 11Y OllllfoEA'S AB"fWIEHTATM. Pall'n Planl!ng - P!.AH!ER !StAND NOTES t. CROWN &8lNilS 0 5:t SLOPES (OR M SPEQAED ON nE lAHD8CAPE PlAHS). 2. ~U" t.Dtt. FROU BACK OF CURB TO CEHTEROF NEAREST SHRUB. Q.EAR ZONE BIW.l. COHTNN :r CONllNUOUS MlA.CH OR T\JIRF,IEI! PLANS. 3. r ... VERllCAL Cl.EARANCE. TOP OF~ TO TOP OF MlA.CH. EXCAVATf:ACONTlNUOUS 24" DEEP PfT (FROM TOP OF CURB) FOR £HT1RE IZNGTM AND WIDTH OF ISLAND & BAa<Fl.l. VtfTli APPROVED PINffiNQMI)(. b. PROTECT AHD RETAIN ALL aJRBS AND BASE. COMPACTED SU80RADE TO REMAIN FOR STRUCTURAL SUPPORT OF aJRB SYSTBt (TYP). e. AU. *AN)~ SHAU. UT1lJZE POOR DRAINAGE DETNL WHEH PERCOI..An ON RATES ME. 2" PER HOUR OR lESS. Planted Parking Lot Islands/Medians """"'"OF HYDRANT [TOWARD CURS) I. FIRE H't'llRANf. 2. NO PlANT fJCCE.EDING 1Z' IMT\RE HBGIHT MATERIAL SHAU.. BE PlACED wmt11-RADUS OF AU. PROPOSal OR ElOST1NG FIRE H'l'tltAHTS. CONTRACTOR SIWLAD..IJST PLANT MAlERIAL SO 'THAT NO COPFUCTS wnH FRE HYDRAHT8 OCCUR ON SITE. Rre Hydrant Area (/) _J ~ w 0 w 0.. (§ (/) 0 z :3 01\TE 04/2612013 PRO.£CT NUMBER CSG1 :HlZCPB SHEET N\AA8ER L-02 Linear App lic ati on of DeepRo ot Tree Root Barr iers at Time of Ins talli ng Conc rete Sidewal ks and Curbs 1\'PICAI. SECTlON OF CURB NID GliTTER v.ITH OEE!'ROOT TREE ROOT BARRIER INSET INTO COHCRITE. BARRIER NSTAI.I.£1) IN A TRENCH IN sueGAAOE WHIC!i IS THEN COIIPACTro. BARRIER IS SET SO THAT TOP EDG£ Wlll BE 2" {5CM) BELOW nNISH GRADE OF CURB, AND SET FlUSH W1TH EDGE OF CURB. BARRIER ~BS FACE TOWARD TREE ROOTS. INSTALLATION SEQUENC[: 1. Prepare bose and subgrode tTnlnd>O>-dtplhlor-cl root barrier so thot top of barrier ~ 2" (Scm) below rrnish grode of top of curb. !.P!Ice .... bontor~--rlbo- foce toward 1m: roots. 4.BaddlondCX>IIIpOCt .. ~ 5.P!Iceflrm-ogelulbontor(IO""''be noUed from the outside of the fortn} TY!'tCAL SECT!ON or CURB, GUTTER AND SIDEWAU< 'MTH OEE!'ROOT TREE ROOT BARRIER INSET INTO CONCR£TE BARRIER INSTAI.I.£1) IH A TRENC!i IN SUBGI!ADE WHICH IS THEN COIIPACTro. BARRIER IS SET SO THAT TOP EDG£ WILl BE 2" (5CII) ABCM: COMPACTro BASE (or ~oy belweeii bo!e ond r..,;sh qrode cl sw). BARRIER RIBS FACE TOWARD TREE ROOTS. --=olo:r~uaU81 ~~22' UB 36-2/UB 48-2 Specifications 36" / 48" Deep Root Tree Root Barri er _.. ... ,_ _ ... _ "'"-'.....,.nti'SI -- a c-nctian 11111 ~ I.Thtc:GI'Ihc:torlhaiNWhtr.raat..,... ............ cl ........... ........ ... CDh ..... h....tical,..dNdftg tlld .. M,....._.'altlltaotld•tt. lllplldp ..... 1/t'(l1.7.-) ... ..... r.odlrltht,..n:l,...,rl ... lh:ilbt~ ~lilriWfiiiNonlllld,_,.. .. .,.._. ................. CIIIr'ftiC:tMIDf-1 .......... bal. -.\ ~ Coo<ntt I\ 1\ L-. Top IHSTALlATION SEQUEHCE; 1. Prepare ball and I'Jb9rode z.,._.,....,.,....doplllrot instonotion of rcot barrier 10 that top of bonier is 2" (Scm) below r-grodt of top of oidowolk {ot ~Z.:t;:'e '~compacted bose 3.P!Ice ... -~--n'bs must foca toward tree root.. 4._..s_ .. _ 5.P!Iceflrm_ogohol_ (It moy be noiled from the outside of the form) ... ,.._ ,., 1 .. ~··-> ;. (111...._, 1 Surround Style Plantin g with Dee proot Uni versal Ba rriers When salecting the Surround style ~ application you wUI hove the greatest suceesa by following these 1lmple steps at illultroted below: • A. Prepore the Initial planting hole 01 l!ustroted b.low. This !1 based upon the eombinotion of desired barrier diameter and depOt. Consider if drainage devices 01 omendmenta are needed to c:urect ony adverse 1011 or planting eonditions in the bockRI areo. B. Assllrille the appropriate number or DoepRoot Udwl1101 Borrier panels. The Yert.itol root defteetinQ ribs on the panel must face inward, toward the root bon. (This is Ylt'f Important, otherwise the. roots wil become girdJed by trOY!Iing around the smooth walled surfaee) C. Nerl ploee the barrier in the center of the p1anting hole, =~gt! :~ ::ro~:!ie~0~i:'(1~ ~grade. This helps retard potential root overgtOWth.. Foiling to position the top edge oboYe orode con allow root overgrowth which con lead to upnx~ted hardscopes. D. Backfill and compoct with son inskle the bonier to the levd where the bottom of the root boD will be when positioned correctly wlth the crown of the root boll OPI"'"imotely 1" (26mm) obowl grade. f. Remove the tsee from Its contain..-, or cut away the top portion of buriop and position In the center of the barrier. Comp~te the bockfiA of the soli. Diotribute 0111nfy to maintain the shape of the borriv ond compact the bocklll every 4"-6" (t0cm-15cm). Roolt wit clio qukic¥ if left eocpos&d to the sJements so keep exposut1 of tho roots to o rrinimum. "'-"""" (119 1&-2 Of ~ 2'-2} 0 0 0 f". lf stoking or OU)'ing iS required WI recommend using the soft. eofe and economieol oltemolive to traditional wire ond hose, Arborne (1ft www deepmot rsm for detols) G. If the troe{t) will be JUbject to mointenonce wOlf< such os lawn mowing 01 weed trirmling we stJ-onoly recommend the lnstolotion of ArborCord+ Tree Trvnk Protec:t011 whieh ore placed around the bose of young trees to protect them from dotnoge by weed trimmert. lawn mowers and small rodents. (See wn docpmot rnm) tt Water and fellow proper tree maintenance practices. Trees do require core and nurturing after planting. Consult with your loeol supplier for proper core proceduree for the species you ore planting . The pkJnting instructions given here Ol'e by no means o comprehensive t;Uide. Rother they ore !Jinerol guidelines to planting with DeepRoot Borriers and o survey of cwent plonting methods. Conditions wiU vary however and it is recommended that on Nborist be consulted before planting. f"OI' odcfltionol information pJeo11 visit at.r websle at WWJdttcprootrom FOt information t'e9Qrding distributon piKse coO: 1 800 n..v ROOT (458.7668). For h~p w.'lll dralnoge or otl1o! diff~uft instoUotion questions pfeose eon DoepRoot. Technicol 5<Jpport ot: 1 800 ROOT TEK (766.81135). Tap rlfDee~Btmet l.lclt be at .,. 1/2" (131m!) ... en.cr.. , . .........,,_) Wirllnufl! Tmes ....... _ (lho<o-) .. -"""'lliDW) UB 18-2 Specifications 18" DeepRoot Tree Root Barriers Specified tree root borriet1 ore a mechonleol borrier and root ~~~reven~~~~oo~s iro~ do,:fur~ ~r~~:r.' YOtying sizes of C)'linders for surrounding root bolls (Surround planting style) 01 for r.near oppkaUons directly beside o hordscope: adjacent to one side of the trees (Unoor ptonting olj1t). A. Materials 1. The contractor shall furnish ond fl:stol tree .wt barriers as specified. The tree root boniers shall be produd I UB 18-2 os manufactured by Deep Root Partners. LP., 81 Longton st. f4, Son Fronci..:o, CA (800-458-7668),01' opproved equol. The borrilr shol be Blodc. lnject;on Molded Ponds, of .080" (2.03mm) woM thickness in f'l"'Iduues 24• (61cm) long by 18• ( 45cm) deep; manufactured with o minimum SOX post ~~~:~ ~~~:.t:~= ~ ~ added uttroviofet Not less then 4 Moijed lnt~ Verlital Root ~ Ribs of ot loost O.D6'(1.52rnm) thic:Wa proln>clir<J 1/2"(1Z.7mm) ot 90' from intorior of the bonier panol, spoced 6"(15.24mm) oport. {See ponel drawing below) . ~::t.!or.. US:: :listing ;f o~.:~~·a~~m·=,~ 3/8"(9.5JIM1) oride onlvha.JSmm) oport with the lowor rib ottoehed to the Yrieat raot dofloeting rlbL (See Oetol "Aj A minimum of 9 Mti-Uft Ground lock Tabs consisting ol integrul hofizontol ridges of o minimum 0.06·{1.52mm) thlcknea in the shope of o segmont of o drde, the 2 1/4"(57mrn) chord of the ~r;:~rrr:: ~= =~· : ~~ ~~~':! ~ng ~t:· shan be about equoly spaced between eoch ol the vertical root deflecting ribs (J between each set ol ribs, see Oetoa "'81. k1 intovoted Zlppe1' Joining System prov;d;ng for ;ns1ont osserr1>1y by slid"'J one panel ino onother. (See Oetol "Cj 2. The basic properties of the moteriol shall be: T_.llltlngth Oylefd -Wol ,.,. T_.llrangUIO}'illld-Hinga ,.,. Z . .W PSI Yillrl Elongation-Wol ,.,. 1.71:1 Y'llld~-H1"9' ,..,. , .... flmnl Wodulul """' 120.7&5 PSI Nalchld libel Impact-Wal ..... 2.54 , ...... ) Rocknl Hard,.. r. KOII -Will ,,.... 84.1 U.S. Potents: 5,070,642 , 5,305,549 ond 5,528,857. Other Potents Pending. B. Construction oncf Installation 1. The contractor $hall install the tree root barrier& with the numbet of panels ond in the manner shown on the Orow- ings. The vertical root deflecting ribs shall be focing inwards to the root boll and the top of the double edge shot! be 1/2~ (12.7mm) above grode. Each of the required number of panels shall be connected to fonn o circle around the root boU or joined in o linear fashion and ploc:ed along the adjacent ho rdscape. 2. Ucowtion and soil preparation shall conform to the Drawings cwc:a I~UAS.£ IVf.ll: lO .-ntM ~'!'IONS ro~~~ .<CIOifiC:IW. IGIMIOCNTS) HOftS: (PI.UI£ IOU TO ....-mt ~ fat~ lllllMDINil) t. nns otSI'Ma: !Ho1U. T ...,.,. wmt 1t00T MlltiDit .,_ ,0' ._.,.., 'lrl) 11001' IAJIRO IS USED. 2. N.1 .ocn' ~MMD$ SMW. 8( 4"......._. ...,., AU. S£ACOlSf DaJTD.. .l.THt:IISTilWDICif.o:ri'IWIRIERS»w.l.IIECXICJAIJN,lEDtml ~~ IHSP£CltDln'~ ~l"'~JrU.IW:)OI' ...... MitW.l.t:XTDIDLP1DNISHEDCINit. ... 11001' MMCJtS StW.L • ......,,. a• DEEJO. ~ PADCIUCTS INQ..LIIC ~ IIIQOl"'NfD "RDDr SOUITlONS". F\.Ua.! IMMDS StWJ... I( 35" PNIEU ~ II' IIOIWIO. '-N.1IIOtii'IWIMOtSitWJ.KIICSTJIU.Cif~wmf~Witri'TEHifCSYIU:1IONS. CCINSTRUCTlOH ST.t.HOAAOS AND DETAilS I. MlOISfAICIE IIWJ.. tt.t ........ WCI'M 10011' lloWIQNCI U' ....... ,NOIIOOf ...... C!Am. 1.111.1.11100f ...... JWt1.1[4'...._.,RIICIMAU.IUr.CDUT1'111CU'U. ).TMI:NI'WJ.A'nOIIOIIIOCII'......oti:IIW.l.Kc::oolti*MJUI'MiloKiraM.SrN«llllii'£CYtOIT~ f'IIIIDIIl"' aoFIJ.M,.IIl.I.II)(JI' I¥MIPSSWJ.OOOIG I.PTO ~GIIWI(. 4, IIOOI'IWIIIJtl SM.IU.. --..w li"Dl(J". ~ PfiOOUC'IIN:UIIIl '"ClaP' IIIOOI"'MD-.ooT ~. fUXa.l: lliMIOIS Stlllt.L I[ K """''U w.IIUf'ACNIED .w" .....,.._ .. Ill.&. '100( .._., ..u.. WSVrt1m. ~ Wl'1tl ~..not~ .. l.NI:LI'W.M'1111EDIMCU.a:IIOI'N..~~Ne..._.SIEOII'fiCI£S. - Poflll OJJilJ~ {2..031Tvn} 1bidc PottConlclmer~~ent PatentedWol6edGrouncll.ocWnQ Mti-lll tabl (Sot ....... , Jbnded Edge~ f« Scrftty onr:l ~ t-rn O ..J o -a::~ ~ w 1-Cl Oo:: O w a::-a_O:: wa:: w<( o m L-03 GENERAL LANDSCAPE NOTES 1. SCOPE OF WORK A. THE WORK CONSISTS OF: FURNISHING AU. lABOR, MATERIALS, SQUIPMENT, TOOLS, ~SPORTATION, AND loHY OTHER APPURTENANCES NECESSARY FOR THE COMPLETION OF THIS PROJECT AS SHOWN ON THE DRAWINGS, AS INCLUDED IN THE PLANT UST, AND AS HERBN SPECJFIED. B. WORK SHALL INCLUDE MAINTENANCE AND WATERING OF AU. CONTRACT PLAimNG AREAS UNTlL CERTIACATION OF ACCEPTABILITY BY THE OWNER OR OWNER"$ REPRESENTATIVE. 2. PROTECTION OF EXISTING STRUCT\JRES ALL EX~TING BUILDINGS, WAI..KS, WALLS, PAVlNG, PIPING, OTHER SrTE CONSTRUCTION ITEMS, AND PLANTlNO ALREADY COMPLETED OR ESTABUSHED SHAlL BE PROTECTED FROM DAMAGE BY THE CONTRACTOR UNLESS OTHERWISE SPECIFIED. ALL DAMAGE RESULTING FROM NEGLIGENCE SHALL BE REPAIRED OR REPLACED TO THE SATISFACTION OF THE OWNER, AT NO COST TO THE OWNER. 3. PROTECTION OF EXISTING PLANT MATERIAlS OUTSIDE UMrf OF WORK THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL UNIIUTHORIZED CUTTING OR DAMAGE TO TREES AND SHRUBS EXISTING OR OTHERWISE, CAUSED BY CARELESS EQUIPMENT OPERATION, MATERJAI. STOCKPILING. ETC. THIS SHAI.J.INCLUDE COMPACTION BY DRMNG OR PARKING INSIDE THE DRIP-IJNE AND SPILLING OIL, ~ :;s~~'i:..~~~~~Op~==S~~~~T~::URNED f MISSHAPEN ~01 OR UNSIGHT\.Y SHAU. BE REPlACED AT TliE COST TO lHE CONTRACTOR OF ONE HUNDRED ~ DOUARS (S100)PERCAUPER INCH ON AN ESCALATING SCALEWHICHAOOSANADDITIONAI. TWENTY(20) i PERCENT PER INCH OVER FOUR (4) INCHES CAUPER AS FIXED AND AGREED UQUIDATED DAMAGES (OR PER a PROJECT JURISDICTIONAL CODE, WHICHEVER IS MORE STRINGENT). CAUPER SHALL BE MEASURED SIX (8) f INCHES ABOVE GROUND LEVEL FOR TREES UP TO AND INCLUDING FOUR (4) INCHES IN CAUPERAND TWELVE (12) INCHES ABOVE GROUND UEVEL FOR TREES OVER FOUR (4) INCHES IN CAUPER. I .I I ~ I i I I f i 1 ! g i l I .. J 1 ! t l! i 1 I I a l! f I i j li 4. W.TE!!!ALS UST QUANTITIES NECESSARY TO COMPlETE THE WORK ON THE DRAWINGS SHALL BE FIJRNISHED BY THE CONTRACTOR. OUANTlTY ESTIMATES HAVE BEEN MADE CAREFULLY, BUT THE LANDSCAPE ARCiflECT OR OWNER ASSUMES NO LIABn.JTY FOR OUlsstONS OR ERRORS. SHOULD A OlSCREPANCY OCCUR BETWEEN THE PlANS AND THE PLANT UST QUANTtTY, THE OWNER OR 0\NNER'S REPRESENTAllVE SHAl1. BE NOTIFIED FOR CLARIFICAT10N PRJOR TO BIDDING OR INSTAL.l.ATION. ALL DIMENSIONS AND/OR SfZES SPECIFIED SHAll BE THE MINIMUM ACCEPTABLE SIZE. UPON COMPLETION OF ALL PLANTING WORK AND BEFORE FINAL ACCEPTANCE, THE CONTRACTOR SHALL REMOVE ALL MATERIAL. EQUIPMENT, AND DEBRIS RESULTING FROM HIS WORK. AU. PAVED AREAS SHALL BE BROOM-ClEANED AND THE SITE LEFT IN A NEAT AND ACCEPTABLE CONDITION AS APPROVED BY THE OWNER OR OWNER'S REPRESEKTATIVE. 6. Pt..ANT MA1ERIAL MAINTENANCE ALL PlANTS AND PlANTING INClUDED UNDER THIS CONT'RACT SHALl BE MAINTAINED BY WATERING, CULTIVATING, SPRAYING, AND ALL OTHER OPERATIONS (SUCH AS RE-STAKJNG OR REPAIRING GUY SUPPORTS) NECESSARY TO INSURE A HEAL THY PLANT CONDITION BY THE CONTRACTOR UNTIL CERTIFICATION OF ACCEPTABIUTY BY THE OWNER'S REPRESENTATIVE. MAINTENANCE AFTER THE CERTIFICATION OF ACCEPTABIUTY SHALL BE IN ACCORDANCE WITH THE SPECIFICATIONS IN TH1S SECTION. CONTRACTORS ARE REQUESTED TO PROVIDE A BID ESTlMATE TO COVER LANDSCAPE AND IRRIGATION MAINTENANCE FOR A PERIOD OF 90 CALENDAR DAYS COMMENCING AFTER ACCEPTANCE. 7. LAWN MAINTENANCE A. WITHIN THE CONTRACT LIMITS, THE CONTRACTOR SHALL PRODUCE A DENSE, WB.1. ESTABUSHED LAWN. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE REPAIR AND RE.SODDING OF ALL ERODBl, SUNKEN OR BARE SPOTS (LARGER THAN 12"X12") UNTil. CERTIFICATION OF ACCEPTABR.ITY BY THE OWNER OR OWNER'S REPRESENTATIVE. REPAIRED SOODING SHALL BE ~ED AS IN THE ORIGINAL WORK (INCLUDING REGRADING IF NECESSARY). B. CONTRACTOR RESPONSJBLE FOR ESTABLISHING AND MAINTAINING SODII.AWN UNTI.. ACCEPTANCE BY THE OWNER'S REPRESENTATIVE. PRIOR TO AND UPON ACCEPTANCE, CONTRACTOR TO PROVIDE WATERINGIIRRIGATIONSCHEDULETOOWNER.OBSERVEALLAPPLICABLEWATERINGRESTRJCTlONSJ.S SET FORTH BY THE PROPERTY'S JURJSOicnONALAliTHORITY. 8. MAINTENANCE CALTERNAJE BIP ITEMl CO>mw:TORS ARE REQUESTED TO PROVIDE A BID ESTIMATE FOR MAINTENANCE FOLLOWING THE INITIAL 90-DAY MAINTENANCE PERIOD ON A COST-PER-MONTH BASIS. 9. FINAL INSPECTION AND ACCEPTANCE OF WORK FINAL INSPECTION AT THE END OF THE WARRANTY PERIOD SHAI.J. BE ON PLANTING, CONSTRUCTION AND · AU. OTHER INCIDENTAL WORK PERTAINING TO THIS CONTRACT.NIY REPLACEMENT AT THIS TIME SHALL BE SUBJECT TO THE SAME ONE (1) YEAR WARRANTY (ORAS SPECIFIED BY THE LANDSCAPE ARCHITECT DR OWNER IN WRITING) BEGINNING WITH THE TIME OF REPLACEMENT AND ENDING WITH THE SAME INSPECTION AND ACCEPTANCE HEREIN DESCRIBED. 10. WARRANTY A. THE l.ftAND SATISFACTORYCONDITKlN OF ALL 7 GALLON AND LARGER PLANT MATERIAL INSTALLEOBY THE LANDSCAPE CON"IRACTOR SHALL BE WNVWfTED BY THE CONTRACTOR FORA MINIMUM OF ONE (1) CAI.£NDAR YEAR COMMENCING AT THE TIME OF CER1lf1CATION OF ACCS'TABIUTY BY THE OWNER OR O'NNER"S REPRESENTATlVE. B. THE UFEAND SATISFACTORY CONDITION OF AU. OTHER PLANT MATERIAL (INCLUDING SOD) INSTALLEOBY THE LANDSCAPE CONtRACTOR SHALL BE WMRANTED BY THE CONTRACTOR FOR A MHIMUII OF ONE (1) CAI.£NDAR YEAR COMMEHCING AT THE TIME OF CERTFlCATION OF ACCS'TABIUTY BY THE OWNER OR OWNER'S REPRESENTATlVE. C. REPLACEMENT: loHY PLANT NOT FOUND IN A HEALTHY ClROWING CONDffiON AT THE END OF THE WARRANTY PERIOD SHALL BE REMCWED FROM THE SITE AND REPLACED AS SOON AS WEATHER CONDITlONS PERMIT. AU. REPLACEMENTS SHALL BE PLANTS OF THE SAME KIND AND SIZE AS SPECIFIED IN THE PLANT UST. THEY SHALL BE FURNISHED PLANTEO AND MUl.CHED AS SPECIFIED UNDER "PLANTING", AT NO ADDITIONAL COST TO THE OWNER. t f D. IN THE EVENT THE OWNER DOES NOT CONTRACT WITH THE CONTRACTOR FOR LANOSCAPE (AND !I S IRRIGATlON) MAINTENANCE, THE CONTRACTOR IS ENCOURAGED TO VISIT THE PROJECT SITE I PERIODICALlY DURING THE ONE YEAR WARRANTY PERIOD TO EVALUATE MAINTENANCE PROCEDURES BEJNG PERFORMED AND SHALL NOTIFY THE OWNER N WRITING OF MAIN"TENANCE PROCEDURES DR CONDIT10NS WHICH THREATEN VIGOROUS AND HEAL THY PLANT GROWTH. IT IS SUGGESTED SUCH SITE !i VISITS SHALL BE CONDUCTED A MINIMUM OF ONCE PER MONTH FOR A PERIOO OF lWEI.VE (12) MONTHS ~I FROM THE DATE OF ACCEPTANCE. t~ zj '! I! I~ ~~ PLANT SPECIFICATION NOTES ~ MATERJAI. SAMPLES USTED BELOW SHALL BE SUBMITTED FOR APPRr:NAL. ON THE SITE OR AS OTHERWISE DETERMINED BY THE OWNER OR OWNER'S REPRESENTATlVE. UPON SAMPLES' APPROVAL, DELIVERY OF MATERIALS MAY COMMENCE. MULCH PLANTING I TOPSOIL MIX PLANTS 2. PLANT MATERIALS SAM?LESIZE ONE (1) CUBIC FOOT ONE (1) CUBIC FOOT (INCLUDING EX1S11NG S04I.S REPORT) ONE (1) PHOTO OF EACH VARETY (OR TAGGED IN NURSERY) A PlANT SPECIES AND SIZE SHALL CONFORM TO THOSE INDICATED ON niE DRA'MNGS. NOMENCt..AruRE SHAI.J. CONFORM TO STANDARDIZED PLANT NAMES, 1942 EDITION. AU. NURSERY STOCK SHALL BE IN ACCORDANCE WITH GRADES AND STANDARDS FOR NURSERY PLANTS, LATEST EDITION, PUBUSHEO BY THE FLORIDA DEPARTMENT OF AGRICUI.TIJRE AND CONSUMER SERVICES. AU. PLANTS SHALL BE FLORIDA GRADE NO. 1 OR BETTER AS DETERMINED BY THE FLORI>A DMSION OF PLANT INDUSTRY. ALL PLANTS SHAI.J. BE HEAL THY, VIGOROUS, SOUND, WEU.-BRANCHED, AND FREE OF DISEASE AND INSECTS, INSECT EGGS AND IJoRJ/AE AND SHALL HAVE ADEQUATE ROOT SYSTEMS. TREES FOR PLANTING IN ROWS SHAI.J. BE UNIFORM IN Stz:E AND SHAPE. AU MATERIALS SHALL BE SUBJECT TO APPROVAL BY THE OWNER OR OWNER'S REPRESENTATIVE. WHERE ANY REQUIREMENTS ARE OMITTED FROM TtE PLANT UST, lliE Pl...ANTS FURNISHED SHALL BE NORMAL FOR THE VARIETY. PlANT'S SHALL BE PRUNED PR10R TO DB.NERY ONLY WITH APPROVAl. FROM OWNER OR OWNER'S REPRESENTAllVE. NO SU8STIT\IT10NS SHALL BE MADE WITHOUT WRITTEN PERMISSION FROM THE OWNER DR OWNER'S REPRESENTATlVE. B. MEASUREMENTS: THE HEIGHT AND/OR WIDTH OF TREES SHALL BE MEASURED FROM THE GROUND OR ACROSS THE NORMAL SPREAD OF BRANCHES WITH THE PLANTS IN THEIR NORMAL POSITION. THIS MEASUREMENT SHALL NOT NCLUDE TliE IMMEDIATE TERMINAL GROWTH. PLANTS LARGER IN SIZE THAN THOSE SPECIAED IN THE PLANT UST MAY BE USED IF APPROVED BY THE OWNER OR OWNER'S REPRESENTATlVE. IF THE USE OF LARGER PLANTS IS APPROVED, THE BALL OF EARTH OR SPREAD OF ROOTS SHALL BE INCREASED IN PROPORTION TO THE SIZE OF THE PLANT. C. lNSPECTlON: PLANTS ~ BE SUBJECT TO INSPECTKlN AND APPROVAL AT THE PLACE OF GROWTH, OR UPON OEUVEAY TO THE SfTE. AS DETERMINED BY ntE OWNER OR OWNER'S REPRESENTATlVE, FOR OU.Al.rTY, SIZE, AND VARIETY; SUCH APPROVAL SHALL NOT JMPAJR THE RIGHT OF ntSPECTION AHD REJECTION AT THE SITE DURING PROGRESS OF THE WORK OR AFTER COMPI.ETlON FOR SIZE AND CONOITION OF ROOT BALLS OR ROOTS, LATENT DEFECTS OR INJURIES. REJECTED PLANTS SHALL BE REMOVED IMMEDIATELY FROM THE SITE. NOTICE REQUESTING INSPECT10N SHALL BE SUBMITTED IN WRITING BY THE CONTRACTOR AT LEAST ONE (1) WEEK PRIOR TO ANTICIPATED DATE. D. ALL CONTAINER GROWN MATERIAl. SHALL BE HEALTHY, VIGOROUS, WELL-ROOTED PlANTS ESTABLISHED IN THE CONTAINER IN WHICH THEY ARE SOLD, TliE PLANTS SHALL HAVE TOPS WHICH ARE OF GOOD OUAI.ITY AND ARE IN A HEALTHY GROWING CONDffiON, FLORIDA 11 OR BETTER. AN ESTABUSHED CONTAINER GROWN PLANT SHALL BE ~SPLANTED INTO A CONTAINER AND GROWN IN THAT CONTAINER SUFACIENTl V LONG FOR THE NEW FIBROUS ROOTS TO HAVE DEVElOPED SO ntAT THE ROOT MASS WILL RETAIN ITS SHAPE AND HOLD TOGETHER WHEN REMOVED FROM nfE CONTAIN& CONTAINER GROWN STOCK SHAlL NOT BE HANDLED BY THEJR STEMS. PLANT ROOTS BOUND IN CONTAINERS ARE NOT ACCEPTABLE. AU. TREE ROOTBAU.S SHALL BE SHAVED 1"· 11/Z'OFFONAU.SIDESWITH EITHER A SHARP SPADE ORBLADEBEFOREPLANTINGDR FROM TOP TO BOTTOM WITH A BALLJNG SPADE AFTER THE TREE HAS BEEN PLANTED TO ELIMINATE CIRCLING ROOTS. SUBSTITUTION OF NON-CONTAINER GROWN MATERIAL FOR MATERIAL EXPUCITLY SPECIFIED TO BE CONTAINfR GROWN WlJ. NOT BE PERMmED WITHOUT WRITTEN APPROVAL IS OBTAINED FROM THE OWNER OR OWNER'S REPRESSNTATIVE. RPG • "ROOTS PLUS GRO'NER" CONTAINER WHERE SPECIAEO. E. WHEN THE USE OF COLLECTED STOCK IS PERMITIED AS INDICATBl BY THE OWNER OR OWNER'S REPRESENTA11VE, THE MINIMUM SIZES OF ROOTIIAU.S SHALL BE EQUAL TO THAT SPECIFIED FOR THE NEXT LARGER SIZE OF NURSERY GROWN STOCK OF THE SAME VARIETY. F. PLANTS COllECTED FROM WILD OR NATIVE STANDS SHALL BE CONSIDERED NURSERY GROWN WHEN THEY HAVE BEEN SUCCESSFULLY RE-€STABLISHEO IN A NURSERY ROW AND GROWN UNDER REGUIAA NURSERY CULTURAL PRACTICES FORA MINIMUM OF TWO (2) GROWING SEASONS AND HAVEAITAJNEO ADEQUATE ROOT AND TOP GROWTH TO INDICATE FULL RECOVERY FROM lRANSPLANT1NG INTO THE NURSERY ROW. 3. DIGGING AJ-40 HANDLING A. PROTECT ROOTS OR ROOT BALLS OF PLANTS AT AU. TIMES FROM SUN, DRYING WINDS, WATER AND FREE21NG, AS NECESSARY UNTIL PLANTING. PLANT MATERIALS SHALL BE ADEOUATEL Y PACKED TO PREVENT DAMAGE DURING ~SIT. TREES ~SPORTED MORE THAN TEN (10) MILES OR WHICH ARE NOT PLANTED WITHIN THREE (3) DAYS OF DEUVERY TO SITE SHALL BE SPRAYED WITH AN ~SPIRANT PRODUCT ('WILTPRUP OR EQUAL) TO MINIMIZE TRANSPIRATIONAL WATER LOSS. B. BALLED AND BURLAPPED PLANTS (8&8) SHAI.J. BE DUG WITH FIRM, NATIJRAI. BALLS OF SOIL OF SUFFICIENT SIZE TO ENCOMPASS THE FIBROUS AND FEEDING ROOTS OF THE PLANTS. NO PLANTS MOVED WITH A ROOT BALL SHALL BE PLANTED IF THE BALl. IS CRACI<EO OR BROKEN. PLANTS BALLED AND BURI.APPED OR CONTAINER GROWN SHALL NOT BE HANDUED BY STEMS. C. PLANTS MARKED "BR" IN THE PLANT LIST SHAI.J. BE DUG WITH BARE ROOTS, COMPI. Y1NG WITH FlORIDA GRADES AND STANDARDS FOR NURSERY PLANTS ct-"RENT EDITION. CAR£ SHALL BE EXERCISED THAT THE ROOTS DO NOT DRY OUT DURING TRANSPORTATION AND PRIOR TO PLANTING. D. PROTECTION OF PALMS PF APPUCABlEt. DNL Y A MINIMUM OF FRONDS SHALL BE REMO\IEI) FROM nE CROWN OF THE PALM TREES TO FACILITATE MOVING AND HANDLING. CLEAR TRUNK (CT) SHALL BEAS SPECIFIED AFTER THE MINIMUM OF FRONDS HAVE BEEN REMOVED. N.J. PALMS SHALl BE BRACED PER PALM PLAimNG DETAIL E. EXCAVATION OF TREE PITS SHALL BE PERFORMED USNJ ElCI'REM£ CAR£ TO AVOIIJ DAMAGE TO SURFACE AND SUBSURFACE EI£MENTS SUCH AS UTIUTIES OR HARDSCAPE B.EMENT$, FOOTERS AND PREPARED SUB-BASES. 4. SOIL MIXTURE (PLANTING MEDIUM, PLANTING MIX. TOPSOIL MOO ..nil Ull<Tli~O"". PART SAND, AS DESCRIBED BELOW. B. TOPSOl. FOR USE IN PREPARING SOIL M1XT1JRE FOR IIACKFIWNG PLANT PITS SHALL BE FERTIUE, FRIABLE, AND OF A 1.!W1Y CHARACTER; REASONABLY FREE OF SUBSOil., CLAY LUMP$, BRUSH WEEDS AND OTHER UTTER: FREE OF ROOnl, STIJMP8, STONES LARGER TlWI T N ANY DIRECTION, AND OTHER EXTRANEOUS OR TOXIC MATTER HARMFUL TO PLANT GROWTH. IT SHAlL CONTAH THREE (3) TO FIVE (5) PERCENT DECOMPOSED ORGANIC MATTER AND A PH BETWEEN 5.5AND 7.0 ·SUBMIT SAMPlE AND PH TESTING RESULTS FOR N'PROVAI.. PLANT SPECIFICATION NOTES CONTINUED C.~ SHALL BE COARSE, CLEAN, WB.I.-DRAINING. NATIVE SAND. CONTRACTOR SHALL SUBMIT RES~TS OF SOIL TESTS FOR TOPSOIL AND SAND PROPOSED FOR USE UNDER THIS CONTRACT FOR APPROVAL BY THE OWNER OR OWNER'S REPRESENTATlVE. D. WHEN UNSUITABLE SOILS ARE FOUND, THE CONTRACTOR SHALL CONTACT THE OWNER DR OWNER'S REPRESENTATIVE TO DISCUSS ALTERNATE RECOMMENDATION PRIQR TO PLANTING. E. CONTRACTOR TO SUBMIT SAMPLES OF SOIL MIXTURE FOR THE OWNER OR OWNER'S REPRESENTATIVE APPRr:NAL PRIOR TO PLANT INSTALLATION OPERATIONS COMMENCE. 5.WATER WATER NECESSARY FOR PLANTING AND MAINTENANCE SHALL BE OF SATISFACTORY OUAUTY TO SUSTAIN AN ADEQUATE PLANT GROWTH AND SHAI.J. NOT CONTAIN HARMFUL., NATURAL OR MAN-MADE ELEMENTS DETRIMENTAL TO PLANTS. WATER MEETING THE ABOVE STANDARD SHALL BE OBTAINED ON THE SITE FROM THE OWNER, IF AVAILABLE. AND THE CONTRACTOR SHAU. BE RESPONSIBLE TO MAKE ARRANGEMENTS FOR ITS USE BY HI S TANKS, HOSES, SPRIM<LERS, ETC. IF SUCH WATER IS NOT AVAJLABLE ATTt-E SITE, THE CONTRACTOR SHALL PROIIIDE SATISFACTORY WATER FROM SOURCES OFF THE SITE AT NOADDffiONAL COST TO THE OWNER. CONTRACTOR TO CHECK TO SEE IF WATERING/IRRIGATION RESTRICTIONS MAY APPl. Y, REFER TO PROPERTY'S JURISDICTIONAL AUTHORITY. &.FERTILIZER CONTRACTOR SHALL PROVIDE FERTlUZER APPIJCATION SCHEDULE TO OWNER OR OWNER'S REPRESENTA11VE, AS APPUCABL.E TO SOL TYPE, PLANT INSTALLATION TYPE, AND SITE'S PROPOSED USE. SUGGESTED FERTl.IZER TYPES SHAll. BE ORGANIC OR OTHERWISE NATURAU. Y-DERIVED. COKTRACTOR TO CHECK TO SEE IF FERT1UZER RESTRICTIONS MAY APPLY, REFER TO PROPERlY'S JURISOICTlONAL AUTHORITY. Ll!l1l&!! MULCH MATERIAL SHALL BE MOISTENED AT THE TIME OF APPUCATION TO PREVENT WIND DISPlACEMENT, AND APPUED AT A MINIMUM DEPTH OF 31NCHES. CLEAR M\A.CH FROM EACH PLANT'S CROWN (BASE). SEE PLANT LIST FOR TYPE OF W.TERIAL ("FLORIMULCH," EUCAI.YPl\JS MULCH, DR PINE STRAW/SARKINUGGET) AND GRADE. B. SOD THE SOD SHALL BE CERTlFEO TO MEET A.ORIDA STATE PLANT BOARD SPECIACATIONS, ABSOLUTELY TRUE TO VARIETAL TYPE, AND FREE FROM WEEDS, FUNGUS, INSECTS AND DISEASE OF /liN'( KINO. PLANTING PROCEDURE NOTES 1. CLEANING UP BEFORE COMMENCING WORK: THE CONTRACTOR SHALL CLEAN WORK AND SURROUNDING AREAS OF All RUBBISH OR OBJECT10NABLE MAnER. All. UORTAR, CEMENT, AND TOXIC MATERIAL SHALL BE REMOVED FROM THE SURFACE OF All PLANT BEDS. THESE MATERIALS SHALL NOT BE MIXED WITH THE SOIL SHOULD THE CONTRACTOR .FIND SUCH SOIL CONDITIONS BENEATH THE SOIL WHICH WILL IN ANY WAY ADVERSELY AFFECT THE PLANT GROWTH, HE SHAI.J. IMMEDIATELY CALL IT TO THE ATTENTION OF THE OWNER OR OWNER'S REPRESENTATIVE. FAILURE TO DO SO BEFORE PLAimNG SHAI.J. MAKE THE CORRECTIVE MEASURES THE RESPONSIBIUTY OF THE CON"IRACTOR. 2. VERIFY LOCA110NIS OF ALL UTIUTIES, CONDUITS, SUPPLY UNES AND CABLES, INCLUDING BUT NOT UMITEO TO: ELECTRIC, GAS (IJNES AND TANKS~ WATER, SANITARY SEWER, STORMWATER SYSTEMS, CABLE, AND TB..EPHONE. PROPERLY MAINTAIN AND PROTECT EXISTING UTIUTIES. CALL NATIONAL ONE CALL · 811-TO LOCATE UTILITIES OR REFER TO THE CIVIL PLANS IF APPUCABLE. 3. SUBGRAOE EXCAVATlON:: CONTRACTOR as RESPONSIBLE TO REMOVE AU.. EXJSllNG AND IMPORTED LIMEROCK AND UMEROCK SlJB..BASE FROM AU. LANDSCAPE PlANTING AREAS TO A MINIMUM DEPTH OF 3fr. CONTRACTOR~ RESPONSIBlE TO BACKFILL THESE Pl.ANTINOAREAS TO ROUGH ANiSHED GRADE wrTH Cl.EAN TOPSOIL FROM AN ON-Sm: SOURCE OR AN IMPORTED SOURCE. IF LIMEROCK OR OniER ADVERSE CONDffiONS OCCUR IN PLANTED AREAS AFTER 36" DEEP EXCAVATION BY THE CONTRACTOR, AND POSil1VE DRAINAGE CAN NOT BE ACHIEVED, CONTRACTOR SHALL UTILIZE PLANTING DETAIL THAT ADDRESSES POOR DRAINAGE. 4. FURNISH NURSERY'S CERTIFICATE OF COMPUANCE WITH ALL REQUIREMENTS AS HEREIN SPECIFIED AND REQUIRED. INSPECT AND SELECT PLANT MATERIALS BEFORE PLANTS ARE DUG AT NURSERY OR GROWING SITE. 5. GENERAL: COMPLY WITH APPLICASI.E FEDERAL, STATE, COUNTY, AND LOCAL REGULATIONS GOVERNING LANDSCAPE MATERIALS AND WORK. CONFORM TO ACCEPTED HORTICUL TIJRAI. PRACTICES AS USED IN THE TRADE. UPON ARRIVAL AT THE SITE , PLANTS SHALL BE lHOROUGHL V WATERED AND PROPERLY MAINTAINED UNTIL PLANTED. PLANTS STORED ON-siTE SHALL NOT REMAIN UNPLANTED OR APPROPRIATELY HEAI.ED N FOR A PERIOD EXCEEDING TWENTY~DUR (24)HOURS.AT ALL TIMES WORJ<MANUKE METHODS CUSTOMARY IN GOOD HORTICULTURAL PRACTICES SHAI.J. BE EXERCISED. 8. THE WORK SHALL BE COORDINATED WITH OTHER TRADES TO PREVENT CONFUCTS. COORDINATE PLANTING WITH IRRIGATION WORK TO ASSURE AVAILABIUTY OF WATER AND PROPER LOCATION OF IRRIGATION APPURTENANCES AND PLANTS. 7. FINE GRADING UNDER llliS CON"IRACT SHALL CONSIST OF FINAl. FINISHED GRADING OF LAWN AND PLAimNG AREAS THAT HAVE BEEN ROUGH GRADED BY OTHERS. BERMINGAS SHOWN ON THE DRAWINGS SHALL BE THE RESPONSIBiliTY OF THE CONTRACTOR, UN.ESS OTHERWISE NOTED. 8. THE CONTRACTOR SHAI.I. FINE GRADE THE LAWN AND PLANT1NG NIEM TO BRING THE ROUGH GRADE UP TO FINAl. FINISHED GRADE ALLOWING FOR THIQOESS OF SOD AND1DR MIA.Qt DEPTH. THIS CONTRACTOR SHALL FINE GRADe BY HAND ANiliDR WITH ALL EQUIPMENT NECESSARY INCWDING A GRADING TRACTOR WITH FRONT-END LOADER FOR TliANSPORT1NG SOIL WITHIN THE SITE. 8. AU. PLANTING AREAS SHALL BE GRADED AND IIAHI'AINED FOR POSITIVE DRAINAGE TO SURFACE/8UBSURFACE STORM ORAIH SYSTEMS. AREAS All.IACEHTTO BUILDINGS SHALL st.OPE AWAY FROM THE BULDINGS. REFER TO CMI. ENGINEER'S PlANS FOR FINAl. GRADES, IF APPl.ICABLE. 10.AU. PLAimNG PITS SHAI.J. BE EXCAVATED TO SIZE AND DEPTH INACCClllllANCE WITH nE USA STANDARD FOR NURSERY STOCK 280.1, UNLESS SHOWN OTHERWISE ON THE DRAWINGS, AND BACK Fll.lED WITH THE PREPARED PLAimNG SOIL MIXTURE AS SPECIFIED IN THE PLANT SPECIFICATION NOTES. TEST ALL TREE PITS WITH WATER BEFORE PLANTING TO ASSURE PROPER DRAINAGE PERCOlATION ISAVAILAIII.E. NO ALLCHIANCE WILL BE MADE FOR LOST P HiU,iN~~~~~~~~~~~~~~~""===~'t:~ HOSE STREMI. ALL PlANTING SHALL BE PERFORMED BY PERSONNEL FAMILIAR WITH PlANTING PROCEDURES AND UNDER THE SUPERVISION OF A QUAUFIEO LANDSCAPE FORBWI. PROPER • JETTING Iff" SHALL BE ASSURED 10 aJMINATE AIR POCKETS AROUND THE ROOTS. • JET ~OR EQUAL IS RECOMMENDED. 11. TAKE ALL NECESSARY PRECAIJllONS TO AVOO DAMAGE TID IIULDINGS AND BUIUliNG STRUCTURES WH11.E I'<BTAWNG TREES. PLANTING PROCEDURE NOTES CONTINUED 12.SOIL MIXTURE SHALL BE AS SPECIFIED UNDER PLANT SPECIFICATIONS. 13. TREES AND SHRUBS SHALL BE SET STRAIGHT AT AN EUVATION THAT, AFTER SETTlEMENT, THE PlANT CROWN Will. STAND ONE (1) TO TWO (2) INCHES ABOVE GRADE. EACH PLANT SHAI.J. BE SET IN THE CENTER OF THE PIT. PLAimNG SOIL MIXTURE SHALL BE BACK FILLED, THOROUGHLY TAMPED AROUND THE IIAI.l, AND SETT\SlBYWATER (AFTER TAMPING~ 14.AMEND PINE AND OAK PLANT PITS WITH ECTOMYCORRHIZAL SOIL APPUCATION PER MANUFACTURER'S RECOMMENDATION. AU. OTHER PLANT PITS SHALL BE AMENDED WITH ENOOMYCORRHIZAL SOIL APPUCATION PER MANUFACTIJRER'S RECOMMENDATION. SUBMIT PRODUCT INFORMATION PRIOR TO INOCULA TID~ FOR APPROVAL 15.FII.L HOLE WITH SOIL MIXTURE, MAKING CERTAIN AU. SOil. IS SATURATED. TO DO THIS, FlU HOLE WITH WATER AND ALLOW TO SOAK MINIMUM TWENTY (20) MINUTES, STIRRING IF NECESSARY TO GET SOIL THOROUGHL V WET. PACK UGHTL V WITH FEET. ADD MORE WET SOIL MIXTlJRE. DO NOT COVER TOP OF BALL WITH SOIL MIXTURE, ONl V Wf'rn MU..CH. ALL BURLAP, ROPE, WIRES, BASKETS, ETC., SHALL BE REMOVED FROM THE SIDES AND TOPS OF BALl.$, BUT NO BURLAP SHALL BE PULlED FROM UNDERNEATH. 18. TREES SHALL BE PRUNED, AT THE DIRECTION OFTliE OWNER OR OWNER'S REPRESENTATlVE. TO PRESERVE THE NATIJRAI. CHARACTER OF THE PLANT. ALL SOFT WIXlD OR SUCKER GROWTH AND AU. BROKEN OR BAD1. Y DAMAGED BRANCHES SHALL BE REMOVED WITH A CLEAN CUT. AU. PRUNING TO BE PERFORMED BY LICENSED ARBORIST, IN ACCORDANCE WITH ANSI A-300. 17.SHRUBSAND GROUND COVER PLANTS SHALL BE EVENLY SPACED IN ACCORDANCE WITH THE DRAWINGS AND AS INDICATED ON THE PLANT LIST. CULTIVATE ALL PLANTING AREAS TOA MINII<UM DEPTH OF 8", REMOVE AND DISPOSE AU. DEBRIS. MIX TOP 4" WITH THE PLANTING SOIL MIXTURE AND THOROUGHLY WATER AU. PLANTS AFTER I'ISTALLATION. 18. TREE GUYING AND BRACING SHALl. BE INSTAULED BY THE CONTRACTOR I~ ACCORDANCE WITH THE PLANS TO INSURE STABIIJTY AND MAINTAIN TREES IN AN UPRIGHT POSffiON. IF THE CONTRACTOR AND OWNER oa:IDE TO WNIIE THE TREE GUYING AND BRACING, THE OWNER SHALL NOTIFY THE PROJECT 1.AN0SCAPE ARQIITECT t1 WRITING AND AGREE TO INDEMNIFY AND HOLD HARMUESS THE PROJECT LANDSCAPE ARCHITECT N THE EVENT UNSUPPORTED TREES PLANTED UNDER THIS CONTRACT FALL AND DAMAGE PERSON OR PROPERTY. 18.PROVIDEA THREE INCH (MINIMUM) LAYER OF SPECIFIED MULCH OVER THE ENTl~ AREA OF EACH SHRUB BED, GROUND COVER, VINE BED, AND TREE PIT PLANTED UNDER THIS CONTRACT. 20.AU. PlANT BEDS SHALL BE KEPT FREE OF NOXIOUS WEEDS UNTIL FINAL ACCEPTANCE OF WORK. IF DIRECTED BY THE OWNER OR OWNER'S REPRESENTATIVE, "ROUND-UP" SHALL BE APPLIED FORWEEO CONTROL BY QUAUFIED PERSONNEL TO AU. PLANTlNG AREAS IN SPOT APPUCATIONS PER MANUFACTIJRER'S PRECAUTIONS AND SPECIFICATIONS. PRIOR TO FINAL INSPECTION, TREAT ALL PLANTING BEDS WITH AN APPROVED f>RE.EMERGENT HERBICIDE AT AN APPLICATION RATE RECOMMENDED BY THE MANUFACTURER (AS ALLOWED BY JURISDICTIONAL AUTHORITY). 21 .AU. AREAS THAT ARE TO BE SODDED SHALL BE CLEAREO OF ANY ROUGH GRASS, WEEDS, AND DEBRIS, AND THE GROUND BROUGHT TO AN EVEN GRADE. THE ENTlRE SURFACE SHALL BE ROLLED WITH A ROUER WEIGHING NOT MORE THAN ONE~UNDRED (100) POUNDS PER FOOT OF WIDTH. DURING THE RDU.NG, AU. DEPRESSIONS CAUSED BY SETTLEMENT SHALL BE FILLED WITH ADDITIONAL SOIL., AND THE SURFACE SHALL BE REGRADED AND ROULED UNTIL PRESENTING A SMOOTH AND EVEN FINISH TO THE REQUIRED GRADE. PREPARE LOOSE BED FOUR (4) INCHES DEEP. HAND RAKE UNTIL ALL BUMPS AND DEPRESSIONS ARE REMOVED. WET PREPARED AREA THOROUGHLY. 22. THE CONTRACTOR SHALL SOD AU. AREAS THAT ARE NOT PAVED DR PLANTEO AS DESIGNATED ON THE DRAWINGS WITHIN THE CONTRACT UMITS, UNLESS SPECIFICALLY NOTED OTHERWISE. 23.SOO PANas SHALL BE LAJO nGHn Y TOGE1'HER SO AS TO MAKE A SOLID SODDED LAWN AA£A SOC SHAI.J. BE LAID UNIFORMLY AGAINST THE EDGES OF ALL CURBS AND OTHER HARDSCAPE ElEMENTS, PAVED AND PLANTED AREAS. IMMEDIATELY FOLLOWING SOD LAYING, THE LAWN AREAS SHALL BE ROLLED WITH A LAWN ROULER CUSTOMARILY USED FOR SUCH PURPOSES, AND THEN THOROUGHLY IRRIGATED. IF, IN THE OPINION OF THE OWNER, TOP-DRESSING IS NECESSARY AFTER ROLLING TO FILL THE VOIDS BElWEEN THE SOD PANELS AND TO EVEN OUT INCONSISTENCIES IN THE SOD, CLEAN SAND, AS APPROVED BY THE OWNER OR OWNER'S REPRESENTATTVE. SHALL BE UNIFORMLY SPREAD OVER THE ENTIRE SURFACE OF THE SOD AND THOROUGHLY WATERED 1~. FERTILIZE INSTALLEOSOD AS AU.OWEO BY PROPERTY'S JURISDICTIONAL AUTHORITY. 24.DURINO DEUVERY, PRIOR TO, AND DURING THE PLANTING OF THE LAWN AREAS, THE SOD PANELS SHALL AT AU. TIMES BE PROTECTED FROM EXCESSIVE DRYING AND UNNECESSARY EXPOSURE OF THE ROOTS TO THE SUN. AU. SOD SHALL BE STACKED SO AS NOTTO BE DAMAGED BY SWEATING OR EXCESSNE HEAT AND MOISTIJRE. Q) . " . "C -• ~g L.. ~~ . ~ --~ . " >. c h c.. ~H E : ~~ ·-en ...... ~ s...: :!!&'! !i!~ ~ ~~ u li ~ I ,;~ i!g ~ c 0 .. ~ " ~ >.0.. ID •· ~ ~~ lil Iii I I ~ 0 UJ :( :r: u C/) w 1- 0 z w a. () C/) Cl z ~ DATE D4126/2D13 ~ ~ ~ c g ~ 0 " .. PROJECT NUMBER CSG13-02CPB SHEET NUMBER l-04 ~ I i i J I ~ I i 'I t f I· 1 ! i I i I ~ J l I i ) I 'I I I l .1! f I .. f ~, J i I IARIGA TlON LE<:aD RAIN BIRO 1806 SER1ES SPRINKURS lllTH RAIN BIRO NPR SPRAY NOZZLES UNlfSS N01£D OTHERlllSE I? 0 • 1~ 15-T 15-H 15-TO 15-F 12-0 12-T 12-H 12-10 12-F 1D-Q 1D-T 1D-H 1D-F 8-0 8-H .lO' lRA..ECTORY .lO' TRA.l:CTORY .lO" lRA..ECTORY .lO' TRA.l:CTORY .lO' TRA.l:CTORY .lO' lRA..ECTORY .lO" 1RA.£CTORY .lO" TRA.l:CTORY .lO' TRA.l:CTORY .lO' lRA..ECTORY 15' TRUCTORY 15' TRAJECTORY 15' lRA..ECTORY 15' lRA..ECTORY 10' TRUCTORY 10' TRA.l:CTORY m 15EST " • .A ® ® -~ 15SST 15CST RAIN BIRD 1400 SERIES PC BUBSUER TECHUNE SUI'I'I.Y POINT CE CONNECTION 'A" TECHUNE SUPPLY POINT CE CONNECTION 'B" HUNTER PGA SERIES ELECTRIC CONTROl. VAL V£., ALL DRIP ZONES TO BE EQUIPPED \\ITH A HUNTER ACCU-SYNC PRESSURE RECULAnNG MODUUE IF SYSTEM PRESSURE EXCEEDS 5S PSI. HUNTER PRD-C SER1ES CONTROI.UER, MODEL Pc-12!XJ HUNTER lllNI-CUK RAIN SENSOR CL 200 PVC MAINUNE, SOl. VENT v.ruJ CL 200 PVC LATERAL UNE. SOLVENT v.ruJ NETAFIM TECHUNE. 11DI.9-1210 -SCHEDUUE ~ PVC SI.E£'<f IAAIGA T10N NOTES 1) 2) 3) 4) 5) 6) 7) THE HEAD LAYOUT HAS BEEN DESIGNED TO PRCMOE 100~ COVERAGE. NIY CHNIGES MADE IN THE HEAD LAYOUT OUE TO FIElD CONDIJmS SHALL BE IN ACCORONICE lllTH THESE STANDARDS SET SPRAY HEADS 3" AND ROTORS 6" IN FRal BACK CE CURS OR 12" IF PAVENENT HAS NO CURB. ';ERIFY LOCATIONS OF ALL UNOOlGROUND UTIU11ES PRIOR TO INSTALLA110N CE ffiiGATlON SYSTEM. MAINUNE SHALL NOT BE LOCAl£!) lllTHOIIT PRIOR APPROVAL CE THE PRO.l:CT NNIAGER AND THE LANDSCAPE ARCHITECT. ALL U11U11ES AND STRUC1URES NAY NOT BE SHOI'IN ON THESE PLANS-cONTRACTOR SHALL VERIFY THEIR LOCA noN. ALL PRESSURE MNNUNES UNDER ASPHALT PA\tl~ENT SHALL BE PLACED \\!THIN SUEEVES AS N01£D. YlllERE ELECTRIC VALVE CONTROl. UNES PASS THROUGH A SUEEVE '111TH OTHER MAIN OR ~~ ~OUI~ SHALL BE CONTAINED '111THIN A SEPARATE, ~= AS~O~~ ~OliN IN SCHENATlC FORII. • LOCATE ALL VAL\£S A MINIMUM CE 12" FRa1 BACK Of CURB OR EIDGE OF PAVENENT. UNUESS NOl£1) OTHER\IlSE. INSTALLATION or IIORK SHALL BE ODOROINA1£D lllTH OTHER CONTRACTORS IN SUCH A NNINER AS TO ALLOW FOR A SPmlY 8) 9) 1D) 11) 12) 13) 14) ALL SUEEVES Ulli.JZEID BY THE IRRIGATION CONTRACTOR, llllETHER INSTALLED BY HIM OR NOT, SHALL BE LOCAl£!) ON THE "AS-BUILr ORA\IINGS. THE DEPTH BELOW FINISH GRADE. TO THE NEAREST FOOT or EACH END or EACH SI.E£'<f SHALL BE N01£D AT EACH SI.E£'<f LOCATlON ON THE "AS-BULr ORA'II1NGS. ALL SUEEVES ON PIAN FOR WALL P£NETRA110NS AND UNDER SIDEWALKS SHALL BE SIZED 1'Ml PIPE SI2ES GREATER THAN PIPE IT CARRIES. ALL UNSIZEID PIPE SHALL BE 3/4" UNlESS OTHER\IISE N01£D. ALL VALVES SHALL BE INSTALLED IN A CARSON PLASTlC VALVE BOX \liTH LOCKING UD. IRRIGATlON CONTRACTIOR SHALL SECURE NIY ANO ALL NECESSARY PERIIITS FOR THE MlRK PRial TO COIIMENCfliENT or HIS OPERATIONS ON-SITE. COPIES CE THE PERIIITS SHALL BE SENT TO THE OYIHER/GENERAL CONTRACTOR. MlRK IN THE R.O.W. SHALL CONFORM TO THE STANDARDS AND SPEOflCATlONS or lOCAL AND/OR STATE HICHWAY .AJRIISDtCTlON • VERFY CONTROI.UER AND METER LOCATION AT l'llO.l:CT SITE lllTH O'IINER. ELECTRIC SEIMCE TO THE IRRIGAnoN CONTROI.UER SHALL BE PROVIDED BY THE GENERAL CONTRACTOR. ALL 24 VAC 'II1RING SHALL BE CE DIRECT BURIAL COPPER MRE AS Fruows: <( :r: u z ~ a. z 0 ~ 0:: 0:: DATE 0412612013 PROJECT NUMBER CSG13-02CPB SHEET NUMBER IR-01 NOTE: RAIN BUI) 1 1!106 SPRNQ.ERS TO BE INST Al1£0 UM.1SS NOTED 011£R"MSE. HIS """NOZ2US (9l£ .... PlAN) SLEEVE DETAIL HIS Afi£APEIOIIE1IR / RAil Bl<l J>R[SgJft£ COILPEHSATING I'Ullll,._.. WOOEl. 1401 CR 1402 EIJ8El£R IHSTAU..fD <* LOW YI1IJWE ZOI£. l..ANOSCN'E AROfl£CT TO DE1'ERUN: BUBBliR FlOW RA.l[ BASm Qi TREE SPEC£S. HDZZl.[ 10 BE WOONlED ~ RAil 8R) PA-85 9RJ8NlN'1Eil FIAH BID 1400 SERES EUB..ER IllS MiEH lECH.t4£ REQUIRES lotUlllPLE SlJPPl Y PQNTS lHE lEDruNE FROY EACH POtNT SHALL BE ~NECTm UTIUZING TECHUNE FITTINGS. TFENCtfil DETAL IllS Ttat.JNE TE[ CONlllOI..LEA SCHEDt.lE 2llHE NO. cw VAL\£ SIZE "NPE 21.3 1" -0 HUNTER PRO-C S(RIES 17.7 1" !!'flAY YDDn PC-12011 2~2 11/r "'"" WAll. 1IOUHT 11.0 1" -IRI11CA110N COf111tlUR 21.0 1" SPAAY AHOKfl SECUR£l.Y TO WAU. 28.1 11/r -® 1/r"""""'TRI! fl.EC1R1CAL 7 227 ,. -POI1EJl CONlllJCTal$ P£R • 1!.> 1" !!'flAY LOCAL NIJ NA 1IONAl • 10.& 1" .., CXlOES 10 10.1 1" -0 11 23.7 ,. """' 2" C(N)UIT FOR 12 !PAll[ RDIOlE COi1Ra.. VAI..\€5 Nil SENSa! 10llES SEaJR£ TO WAll .TH ~WE--TEPFE ~ 0 fii1SJ<ED SURFACE YAI..\€ SIZE CAll.CJIS PER loiNUiE FRONT SEC110N/El£VA110N RIGHT-SIDE SECTION/ELEVA llON NO"![, 1. l!OiUNE 11JBING TO BE ROUTED IN THE PI.AHT MAlERIAL BED WITH AT WAXIWUM LAlERAL SPACING OF 12 INDiES. 2. TEOIUNE lVBING TO BE INSTAU.£0 IN A GfUD PATliRM. TEOILINE lUBING SHAll NOT BE INSTALLED IN A LONG CONTlNUOUS RUN. 4• TO 6" ~ EDGE ~~:N~N~..J'~ri:~~~D 300 UHEAR FEET. AREA PERIWETER r----------- P£RIIE1D! LXIIJW.S:L TEa-tUNE TUBING LOOP, ------------, 1 I I lJl£ FIJJSIINC P'«: BAll YAl'wt I I 1 : TEOt.l£ Tt.arC TO BE autm A ....... ~ -r an.ow PlNIT Yl.l.Cil. ~====:I I 1 1 1 ~-~~·=·==~ I I NETAFlll l£0i!JN[ I II AA£A PEJIRI£TDl NETAflM ''/ 2-WAY INSERT, WOOEJ. TUW075MA. l/4 .. MPT . r YODEL ll.OI.t-t210 . I -------------' 3/4" P'IC TEE ' NOT TO EXCEED 5 GPt.l '-- OR (JOO Lf TECHUNE) FOR EAOI SUPPLY POINT 3/4 • P'IC LA lERAI. UNE r------------------------------------1 NET AFIU TECHLINE CONNECTION POINT 'A' 1 I I ~~M~~~ I I I L ________ _ AU. TEOiUNE 'TUBING AND FllllNG ~NECTIC»ooS SHALL BE a.AMPED 'MTH A CRIMP STm BAND OR HOSE a...AWP I I ~~~ ... FROW CONTROL VAL'iE '----L.L.-r.Ll------------------------11-...JJ--'-'---;; NEXT DRIP SlFPLY JQfT cam!ACTCI! TO R£fER TO IRRIGAliOH PLAN FOR 10IHERE N'l'lJCAilLE LOCAnON IX CONlRCl. VAL\£5 lHAT UnUZE NO"![, lll.l.llPl£ TECHUNE SUPI'l Y CONNECnONS. 1. lE<HJHE ~c 10 E A<llltm " 1H£ PUNT MUL 1lPl.E TECHLJNE CONNECTION SUPPUES ffiOM SINGLE CONTROL VALVE IllS WATERIAL BED WTH AT liWCMJU LATERAL SPAQNG Of" 12 lHO£S. 2. TEQt...M 1\.IBINC TO BE INSTAU.m II A GRID PATlDtH. TEotUNE 1\JaNC SHALL NOT BE IHSTAUED IN A LCWG COH11NUOOS RUN. IllS PUSJIC VAL~ BOX 'MTH LOCKtlC CO\-tR TO ,..,.NKlDIS OR DRIP TUBtNG NOTE: ALL 0RP ZONE VAL~ TO BE EQUF'PED 'Mni A. HUNlER ACCU-SYNC PRESSURE REGULA 1lNG MOOUL£ IF SYSTEM PRESSURE EXCEEDS 55 P9. 1. TECHUNE T\J8£NC TO BE ROUTED IN THE PLANT MATERIAL BED 'MTH AT MAXJJr.IUiol LATER.tL SPAQNQ a" 12 INCHES. 2. lEa-tUNE TUBING TO BE INSTALLED IN A GRSD PATTERN. TEOiUNE 1\JBtNG SHALL NOT BE INSTAU.ED IN A LONG CONTlNUOUS RUN. r----------- 1 I I YAIN 9.FPl Y UNE lECHUNE lVBINQ LOOP. MAXIMUM UNEAR FOOTAGE Of ALL TUBING SHALL NOT EXCEED 600 LINEAR FEET. t • PVC TEE WITH (2) 1" o 3/4" RfDUQNC BUS><INCS (S X n>T) /i ?~E~ritu~ Afi£A PERll1£ml ---------.., ' NOT TO EXCEED 9 GPII OR (600 Lf TEOIUNE) FOR EAOI SUPPLY POINT I I I I I I I I I I All lEDtJNE lVBIHG AND ATTlHG CONNECTlCWS SHALL BE Cl..A.WPED WITH A CRIMP S1En. BAND OR HOSE a.AWP NET ARM TECHUNE CONNECTlON POINT 'B' HIS u u "'"' .... iii ,;,.., ~ ~ ~ § ~ c u B~ 00 uu 55 i5lli .... iiliil !!l CII ~~ d z ~~ ~ cii ~~ ~ u ~ :;lij ~z c ~3 !!! ~ ;f ;! @ 8 "' u 0 ~ ~ l;iu u ;: ~ .. ~~I i § ~ en ....J ~ w 0 z 0 ~ (!) 0:: 0:: DATE CW26/2013 PRO.ECT NUMBER CSG13-02CPB SHEET NUMBER IR-02 IMMEDIATE VERTICAL SURFACE: 147 sqft WALL SIGNAGE: 47sqft PERCENTAGE OF SIGNAGE TO SURFACE: 68% 21'-0" 17'-6 3/4" / _, .. ,,-; .: . · .. · ,·;r;-_. '.-'>: ·.: ,~:-,' ·;:·.;• ·;<.···: > ;1.···, >. r '•· . .· ~ . . II . · .. ·II I I I I I:!:!===FF=FF==9FJ I I J I J I . . I J I ... -.. . . l _L SIDE ELEVATION (WEST) L _l _l I I ;.• . ··. h--L......,-1-~1 , Ill II II II 1-'-1---.--'-1---.--'11 . ·: II II II II l I Il-l__ 1 .--l__ 1 .---'i I · .: I l I I I I .· . . .. ~ I I .. ,. :: ·•. ·-.· .. : ·. . .. ~ .... ·:· . · . . . . .. ~--. . . ... ~ . . .-~ I I I I I I I I I I I I _l I I L I I l I I I I I l CORE STATES US1 & PGA BLVD SIGNAGE ELEVAT ION 3902 Corporex Park Drive, Suite 600 Tampa, FL 33619 Phone (813) 490-1755 Fax (813) 490-1 759 ccarden@core-eng.com GROUP REVISONS : Scale: 1 XXIXXIXX XX JPM CHASE Drawn By: Che cked By: 3/16" = 1'-0" JOB#: JPM-14056 SHEET NO. GS TASK: cc Date: 06/17/2013 1 OF 1 $ 1.0 . W1ICl9W 117-8' $ 1.0 WAlBilAII.E :$~ $T.OSLAI US 1 & PGA BLVD $1.0.W!NDQW 10"-8" $ T.O. WA!f!!AILE :$~ $T.O.SlA8 0".{1" PALM BEACH GARDEN, FL PAINl ·EP!I AP!'IJCAIION: EXlERlOR MAlSIIAI. COlOR: MATCH TO SHERWIN WILLIAMS SW-7045 "1NTB.LEC1UAL GRAY" SIDE ELEVATION (EAST) D fm..:.EPI2 APPI.ICAliON: Elf5 COlOR: 10 MAtCH SHERWI< WIWAMS SW·1016 "ACCeS1181.E leGe" ~ Jo.l't'UCAIION:BFS C9lOit: 10 MA1CH SHERWIH WlliJAMS SW-61011"\ATre' FRONT ELEVATION (SOUTH) REAR ELEVATION (NORTH) b!l!!.YQ!§ APPUCATtOfll: EXT'ERK)R MATERIAL COlOR: ANN90I!ED AlUMINUM PROPOSED EXTERIOR ELEVATIONS JUNE 17, 2013 SCALE: i\" = 1'-0" SIDE ELEVATION (WESt) 0 ~ APPUCAIION: AWNING COLOR: SlUE T O C.~"' T.O. PARAPET 21'-Q" T .0 . PARAPET 19".(1" l.O .PAJW>El • 17~ T.O. WH)()W $ 117'# T.O. WATERTA8l£ $ $~ T.O.SLAB $ 17.(1' 1.0 .ROOF $ T.O.PARAPET 21".(1" T •. PARAPET 19"-<T T.O.PARAPET l .O. WATBl'TAilE $ N' 3902 CORPOREX PA;~~~:~~~ coRE STATES TAMPA, FL 33619 ccarden@core-eng .com G I OUP CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 3, 2013 Ordinance 18, 2013 Subject/Agenda Item: Public Hearing & First Reading: A 1.68-acre Parcel Annexation Request A request on behalf of the property .owners, David E. Mackey and Roan Lane, LLC, to annex a 1.68-acre parcel (former Capital Lighting building and parking lot), generally located on the northeast corner of Northlake Boulevard and 1-95. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: r f Planning & oel'ZJ"t compliance Bahareh Wolfs, AICP Approved By: Originating Dept.: Finance: Planning & Zoning: Accountant Project Manager J12 Tresha Thomas Tamashbeen Rahman, Planner 1-----------l Fees Paid: Yes ] Quasi -Judicial ] Legislative ] Public Hearing Funding Source: [ ] Operating 1--A-dv_e_rt-is_e_d_: ___ _, [X] Other N/A [ ] Required [X] Not Required Budget Acct.#: N/A Contract/Agreement: Effective Date: ~------~ N/A .:....::..:...:....._ ___ _ ected parties: ] Notified [X] Not Required Expiration Date: N/A Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to __ Attachments: • Development Application • Map A.4 Potential Future Annexation • Annexation Aerial Map • Ordinance 18, 2013 EXECUTIVE SUMMARY Meeting Date: October 3, 2013 Ordinance 18, 2013 Page 2 of 5 The 1.68-acre site is located at the northeast corner of 1-95 and Northlake Boulevard (see Location Map below). The subject site is within unincorporated Palm Beach County and consists of a vacant building (former Capital Lighting) and parking lot. The annexation petition satisfies all criteria of Section 171.044, Florida Statutes, and the property is within a potential annexation area on the City's Potential Future Annexation Map (see attached Map A.4.). BACKGROUND I .1 I / I / I Northlake Commons (Palm Beach Gardens) -= PBG Jurisdictional Boundary In 1967, two (2) parcels were annexed into the City via Ordinance 19, 1967: the Shell Gas Station (3905 Northlake Boulevard) and a small portion of the parking lot for the former Capital Lighting parcel. The remainder of the parking lot and the building itself were not annexed into the City at that time. Zoning designation of General Commercial (CG1 ), with a future land-use designation of Commercial (C) were assigned to the parcels via Ordinance 20, 1967. Meetin g Date: October 3, 2013 Ordinance 18, 2013 Page 3 of 5 The Applicant is requesting the 1.68-acre parcel be voluntarily annexed into the City of Palm Beach Gardens. The City has received all of the owners' approvals. Therefore, it can be annexed through the voluntary process without a referendum. LAND USE & ZONING The subject site currently has a Palm Beach County future land-use designation of Commercial High, and a County zoning designation of General Commercial. The subject site is adjacent to Edwin Watt's Golf to the east, 1-95 to the west, Northlake Boulevard to the south, and a vacant piece of land in unincorporated Palm Beach County to the north. The existing uses, zoning districts, and future land-use designations of adjacent properties are summarized in Table 1. TABLE 1. ZONING CLASSIFICATIONS AND LAND-USE DESIGNATIONS EXISTING USE ZONING FUTURE LAND USE Subject Property General Commercial Vacant Building & Parking Lot (CG) Commercial High (CH) Palm Beach County Palm Beach County Palm Beach County North General Commercial Commercial High (CH) Vacant Parcel (CG) Palm Beach County Palm Beach County Palm Beach County West Intensive Commercial Inns of America; Sunoco Gas Commercial (C) (CG2) Station and Car Wash Palm Beach Gardens Palm Beach Gardens Palm Beach Gardens I I South General Commercial Commercial (C) I Northlake Commons (CG1) I Palm Beach Gardens Palm Beach Gardens Palm Beach Gardens I East General Commercial I Edwin Watt's Golf (CG1) Commercial (C) Palm Beach Gardens Palm Beach Gardens Palm Beach Gardens CONSISTENCY WITH FLORIDA STATUTES Section 171.044, Florida Statutes, includes criteria that an area being considered for voluntary annexation shall satisfy prior to local government annexation: (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. Meeting Date: October 3, 2013 Ordinance 18, 2013 Page 4 of 5 The subject site is located within unincorporated Palm Beach County and is contiguous on two (2) sides to the City's boundaries (south and east) and reasonably compact. The parcel is concentrated in a single area and is a portion of a proposed future annexation area of the City, according to Map A.4. of the Comprehensive Plan. Therefore, the proposed annexation is consistent with this Section 171 .044, Florida Statutes. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property . Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. The City has received the signatures of all property owners in the area to be annexed. The subject site is made up of two (2) parcels owned by one (1) entity. Prior to annexation by the City Council, the public notice requirements shall be satisfied. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. This requirement shall be satisfied within seven (7) days of adoption of the ordinance. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law , except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. Palm Beach County has been directly notified of the submission of this voluntary annexation petition, as required by County regulations. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. The proposed annexation does not create an enclave. Meeting Date: October 3, 2013 Ordinance 18, 2013 Page 5 of 5 (6) Not fewer than 10 days prior to publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection may be the basis for a cause of action invalidating the annexation. A copy of the notice will be provided via certified mail to the Board of County Commissioners ten (10) days prior to publishing the ordinance notice in The Palm Beach Post as required. LEVEL OF SERVICE ANALYSIS The parcel is currently serviced by the City of Palm Beach Gardens, Seacoast Utility Authority, Solid Waste Authority, all of which will continue to service the subject property. The proposed annexation will not pose a negative impact on the public facilities in the area. The annexation has been analyzed relative to the provision of adequate urban services. All service providers, including Seacoast Utility Authority, Solid Waste Authority, Fire and Police Departments, have confirmed that there will be adequate capacity available for water, sewer, solid waste, drainage, police, and fire services. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The proposed annexation area is included in the City's Potential Future Annexation Area (see Map A.4. attached) as outlined in the City's Comprehensive Plan. PLANNING, ZONNING, AND APPEALS BOARD (PZAB) At the September 17, 2013, public hearing, the PZAB voted 7 to 0 to recommend approval of the annexation petition. STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed voluntary annexation of the 1.68-acre parcel based upon the following findings of fact: • The subject annexation request is consistent with Florida Statues, the proposed future annexation map of the City's Comprehensive Plan, and the City's level of service standards. Staff recommends APPROVAL of Ordinance 18, 2013 as presented on first reading. CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Department CITY OF PALM BEACH GARDENS I 0500 North Military Trail Palm Beach 6ardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: I Planned Community Development (PCD) . (Planned Unit Development (PUD) I Amendment to PCD. PUD or Site Plan J Conditional Use I Amendment to the Comprehensive Plan I Administrative Approval I Administrative Appeal Project Name: (..~f\t." t=',~ttS Owner: {?"!\ ~--~ 4i LL£. Applicant (if not Owner): ~Annexation (Rezoning J Site Plan Review I Concurrency Certificate !Time Extension I Miscellaneous (Other Date Submitted: '::I"'\V ItA 1 l"rS ------------------------------------------ Applicant's Address: l&..f9. Sw 30l" &\yt. TelephoneNo. 'blal-"f39'-lS'~(, Agent: ____________________________________________________ __ ContactPerson: <&\..t~ !f"\&c.~.Cy E-Mail: 6l.I'I\AJcfy (i ~k~·~~~~.-r .. \.tt~~t Agent's Mailing Address: 1'1 f/'1 Sw 3b~"' Aw... I .P:!b I iJdyAHf\ a~t.. FL "'51'tt(, Agent's TelephoneNumber: l;i"L.l-'.J--'If'-1-'S"f4 FOR OFFICE USE ONLY Petition Number: __________ __ Date & Time Received: __________ _ Fees Received Application$ Receipt Number: _______ _ Architect: -------------------------------------------------------- Engineer: -------------------------------------------------------- Planner: -------------------------------------------------------- Landscape Architect: ------------------------------------------------ Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. General Location: {)Dr\\\\.ttq {3 \v!. t T-qs-- Address: t:ffl ~ flt.O!\ La~ Section: Township: -------------------Range: PropertyControl Number(s): 00-'-i'S .. l-J Z.-lti' .. 0 l -000 .. 00 l 0 Acreage: l. {,fl Current Zoning: L.6 RequestedZoning: --------------------- Flood Zone _______ Base Flood Elevation (BFE) -to be indicated on site plan __ __ Current Comprehensive Plan Land Use Designation: ~----------------- Existing Land Use: Requested Land Use: ------------------------------ Proposed Use(s) i.e. hotel, single family residence, etc.: ------ Proposed Square Footageby Use: __ __,l~"i.;;....;a.,_l>_1_, _"L_. -----.,..--------------------- ProposedNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): 2 1. Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} Explain the nature of the request: /~nnty ;"'~' t.l~ &411£b 6ct..-lc\l\1_. IJnn tll jk rtM ,.,·t\ br oJ ±L ~~r~=l r·t\.-}.1 ~\W\. &4th. ,, • .-J.W\s • f). pc1r-lfc7l'\ ~~ ~k "~"'rlt ,-, a \ t ta..tl. '-~ tn ~tv-l (~~I f)li J_ -J, 4V\ I') ex 4k rffJ. 2. What will be the impact ofthe proposed change on the surrounding area? u,.rl\ ... J,tLr-(~t 3. Describe how the rezoning request complies with the City's Vision Plan and the following clements of the City's Comprehensive Plan-Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Rec reation and Open space, lntergovemmental Coordination and Capital Improvement. 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)? 5. How will the proposed project comply whh City requirements for Art in Public Places (Chapter 78-261 ... Land Development Regulations)? 6. Has project received concurrency certification'? Date Recei ~: 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 mile(s) fromtheintersect ionof {\er-\h \ll ~ 8\v cl a~~ -:r-fS'" I ontheg.orthD_east,OsouthDwest sideof ____ _ {'\., ... ~"'\Akt. ~\v.l. (street/road). 4 Statementof Ownership and Designationof Authorized AgEnt Before me, the undersigned authority, personally appeared _______ _ S~\I'C. rt\•t.h:~'t 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. That he/she is requesting A 1'\ 0 tl. ~A~ f' I r"\ in the City of Palm Beach Gardens, florida. 3. That he/she has appointed --~=-.:...t.:...v_L __ 'f"r\_-=A=L::;....k___:.-f_,.j _____ to act as authorized agent on his/her behalf to accomplish the above project. l'f'lf .sw 3fl~ !)vt-"tit= Jb Street Address P. 0. Box TelephoneNumber LLL s~(.V~ t"C\AL~'f 1 r't\o'f\..,,., n'\~..- By: Namemtle .SeNt\~'" GtAL.", R. '"'S"SijZ(, City, State, Zip Code City, State, Zip Code Fax Number ~l.~D'd·~.('f ~ 1"1\atk~"'d.v.sJ-rJ'e«L o~ E-mail Address Swornand subscrlbedbeforemethis §::: = I"' }lu ~~~ "S :)~Notary Public ~ My Commission expires: ~--~-~:_:.;~·~::;;:"'<. GfORGINA S LAGASSE f.\• "~ Notary Pub lic-Slate of Ao .,. ~ • -• • ·-My C E nua • • ;~~ ';P'..i om'.". xpires Jun 7, 20H r ~ ,,,,~.?f. r.'lt···· Commrsslon # DD 983120 Bonded Througb National -~ • _ .. V_J ... sn. 5 Applicant's Certification I/We affirm and certifY that 1/we 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. I/we understand that this application, attachments, and application filing fees become a part of the official records ofthe City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: ~Owner I Optionee I Lessee I Agent I Contract Purchaser I I S1gnatureof Applicant '5+1!v(L Y't"l.at.k:.t-=t Print Name of Applicant \Lftftf .sw 31~ ..... ~w.... ~'" Street Address B 6''{\1\\..•Y'\ ~L~.. FL S} 'tl..{, City, State, Zip Code TelephoneN umber Fax Number ~ ~"""tlt..k~'f 0 W\ClL b·"-d'I(S~\C)..\ • (\'~ E-Mail Address 6 Palm Beach Gardens Planning and Zoning Departmen t 10500 North Mili tary Trail, Palm Beach Gardens, FL 334 10 561-799-4230 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 form, 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 application review process. 1 z;S~ Owner signatum Owner printed name DESIGNEE/BILL TO: "" '* 1c. -:s::b tL""'~'C" rA... l NOTARY ACKNOWLEDGEMENT STATE OF £ls9-tl Ld C<.- COUNTY OF ~M m. f:>e.A c.--h Date CXJ "'-13 -«tZ. -lt--Of-Oll) .. ODJO Property Control Number I hereby certify that the foregoing instrun-ent was acknowledged before me this .l.(e day of JLA-L'[ , 2013 by S+e..v·~ MAef<.e-y . He or she is personally known to m~as produced as identification. I ~· ~ frl e. c:;;f, czeA ~I r,:~....,.~~ .......... ~ c:r. E;t----.,·m·~::\:.''.1:;~,., GEORGINA S LAGASSE • Notary public signature {'': :t>\ Notary l'llbllc. state of Florida ~ ~ %_.,_• 'j My Comm. Expires Jun 7, 2014 ~1::1//}N c;l· ~fi.Se... -.::t[om'dt't Commisslon#OD983,20 ~ '"""''' Bonded Through NatiOnal Notorv •··n. Printed na •. , "" State of ______ at-large 00-43-42-18-01-000-0010 (9055 Roan Lane) ELTON SUB UNREC LTS 1 & 2, LT 5 (LESS NORTHLAKE BLVD & 1-95 R/WS), LTS 6 & 7, LT 11 LYG E OF & ADJ TO 1-95 R/W (LESS NLY 76.44 FT), NLY 45FT OF LT 12 LYG E OF & ADJ TO 1-95 R/W & PT OF ABND 60FT ELTON DR R/W LYG BET 00-43-42-18-01-000-0111 (Small parcel of land north of 9055 Loan, adjacent to 1-95) ELTON SUB UNREC NLY 76.44 FT OF ELY 19.67 FT OF LT 11 LYG E OF & ADJ TO 1-95 R/W Annexation Aerial Map ~ ................ ,,,,,,,,,,,,,,,,,,,,,,,, '''''''''''''''''''''''''''" ,,,,,,,,,,,,,,,,,,,,,,,,,,,, .... ;o...,,,,,,,,,,,,,,,,,,,,,,,,,,, .... ,,,,,,,,,,,,,,,,,,,,,,,,,,,, .... ,,,,,,,,,,,,,,,,,,,,,,,,,,,, .... ,,,,,,,,,,,,,,,,,,,,,,,,,,,, .... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,, .... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,, =Proposed Annexation Area 1 ORDINANCE 18, 2013 2 3 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM 4 BEACH GARDENS, FLORIDA EXPANDING THE CITY'S 5 MUNICIPAL BOUNDARIES BY ANNEXING A PARCEL OF REAL 6 PROPERTY COMPRISING A TOTAL OF 1.68 ACRES, MORE OR 7 LESS, GENERALLY LOCATED AT THE NORTHEAST CORNER OF 8 THE INTERSECTION OF 1-95 AND NORTHLAKE BOULEVARD, AS 9 MORE PARTICULARLY DESCRIBED HEREIN; AMENDING 10 ARTICLE II OF THE CITY CHARTER TO REDEFINE THE 11 CORPORATE LIMITS, PURSUANT TO A PETITION FOR 12 VOLUNTARY ANNEXATION; DECLARING THAT THE 13 VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE 14 OF THE OWNERS OF THE REAL PROPERTY ANNEXED HEREBY; 15 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, 16 AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; 17 · AND FOR OTHER PURPOSES. 18 19 WHEREAS, the City of Palm Beach Gardens has received an application 20 (ANNX-13-07-000006) from Roan Lane, LLC and David E. Mackey for annexation of a 21 property consisting of 1.68 acres currently located in Palm Beach County into the City of 22 Palm Beach Gardens; and 23 24 WHEREAS, the area to be annexed is contiguous to the City and reasonably 25 compact; and 26 27 WHEREAS, the annexation of the area will not result in the creation of any new 28 enclaves; and 29 30 WHEREAS, the area to be annexed satisfies the requirements of Chapter 171, 31 Florida Statutes, concerning the character of the area to be annexed; and 32 33 WHEREAS, the annexation area is included on the City's Potential Future 34 Annexation Area Map of the City's Comprehensive Plan; and 35 36 WHEREAS, the Planning and Zoning Department has reviewed the application 37 and has determined that it is sufficient; and 38 39 WHEREAS, this annexation petition (ANNX-13-07-000006) was reviewed by the 40 Planning, Zoning, and Appeals Board at a public hearing on September 17 , 2013, which 41 recommended approval by a vote of 7 to 0; and 42 43 WHEREAS, the City Council deems approval of this Ordinance to be in the best 44 interests of the health, safety, and welfare of the residents and citizens of the City of 45 Palm Beach Gardens and the public at large. 46 Page 1 of 3 Ordinance 18, 2013 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The City Council of the City of Palm Beach Gardens finds that the 7 written petition for voluntary annexation filed with the City bears the signatures of the 8 owners of the real property to be annexed into the City. 9 10 SECTION 3. The City Council hereby annexes into the City of Palm Beach 11 Gardens an area of contiguous, compact, unincorporated territory located on the 12 northeast corner of 1-95 and Northlake Boulevard , as reflected on Exhibit "A," attached 13 hereto and incorporated herein, for the following described real property: 14 15 LEGAL DESCRIPTION: 16 17 ELTON SUB UNREC L TS 1 & 2, L T 5 (LESS NORTHLAKE BLVD & 1-95 RIWS), L TS 6 18 & 7, LT 11 LYG E OF & ADJ TO 1-95 R/W (LESS NLY 76.44 FT), NLY 45FT OF LT 12 19 L YG E OF & ADJ TO 1-95 R/W & PT OF ABND 60 FT ELTON DR RIW L YG BET. 20 ELTON SUB UNREC NLY 76.44 FT OF ELY 19.67 FT OF LT 11 LYG E OF & ADJ TO 21 1-95 R/W. 22 23 SECTION 4. The boundaries of the City of Palm Beach Gardens, Florida are 24 hereby redefined and shall include the above-described real property, and the property 25 is hereby declared to be within the City's corporate limits. 26 27 SECTION 5. Section 2-1 of the City Charter, entitled "Boundaries", is hereby 28 amended to reflect the property annexed into the City by this Ordinance. 29 30 SECTION 6. The City Clerk is hereby directed to file a copy of this Ordinance 31 with the Clerk of the Circuit Court, Palm Beach County, the Chief Administrative Officer 32 of Palm Beach County, and the Department of State within seven (7) days of the 33 adoption of this Ordinance. 34 35 SECTION 7. All ordinances or parts of ordinances in conflict be and the same 36 are hereby repealed. 37 38 SECTION 8. Should any section or provision of this Ordinance or any portion 39 thereof, any paragraph, sentence, or word be declared by a court of competent 40 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 41 this Ordinance. 42 43 SECTION 9. . Specific authority is hereby given to codify this Ordinance. 44 45 SECTION 10. This Ordinance shall become effective immediately upon 46 adoption. Page 2 of3 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 18, 2013 PASSED this __ day of _______ , 2013, upon first reading. PASSED AND ADOPTED this __ day of _______ , 2013, upon second and final reading. CITY OF PALM BEACH GARDENS, FLORIDA BY: ---=--~~----------Robert G. Premuroso, 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 PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY G:\attorney_share\ORDINANCES\2013\0rdinance 18 2013-voluntary annexation -Roan Lane LLC.doc Page 3 of3 Ordinance 18, 2013 EXHIBIT "A " ) CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 3, 2013 Resolution 58, 2013 SUBJECT/AGENDA ITEM Waterford Hotel Planned Unit Development (PUD) -Art in Public Places (AIPP) Public Hearing and Consideration for Approval: A request to modify the existing Art in Public Places (AIPP) for the Waterford Hotel Planned Unit Development (PUD), located on the east side of U.S. Highway One approximately 0.13 miles south of PGA Boulevard. [X] Recommendation to APPROVE with conditions [ ] Recommendation to DENY Reviewed by: Director of Planning & ~ng ~~dJo~e ~fr Development Compliance £{;)_ Approved By: Originating Dept.: Finance: Planning & Zoning: Accountant Project Manager Tamashbeen Tresha Thomas Rahman, Planner , 1-------------j Fees Paid: Yes ] Quasi -Judicial ] Legislative ] Public Hearing Funding Source: [ ] Operating 1--A-dv_e_rt-is_e_d_:-----1 [X] Other N/A [ ] Required [X] Not Required Budget Acct.#: N/A Contract/Agreement: Effective Date: 1-------------j N/A .:....::..<...::.....__ ___ _ Affected parties: [ ] Notified [X] Not Required Expiration Date: N/A Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to __ Attachments: • Development Application • Project Narrative • Location Map • Budget • Resolution 58, 2013 BACKGROUND Meeting Date : October 3, 2013 Resolution 58, 2013 Page 2 of3 The subject site is located on the east side of U.S. Highway One approximately 0.13 miles south of PGA Boulevard (see attached Location Map). The 1.85-acre site was originally approved by Ordinance 53, 1988 and was known as the Garden Suites Hotel Planned Unit Development (PUD). In 1989, the City Council adopted Resolution 102, 1989 approving the Art in Public Places (AIPP) for the hotel. The art included a fountain feature with art sculptures located on the west side of the northern building facing U.S. Highway One . The art sculptures included two (2) porpoises situated as though they are jumping out of the water. DISCUSSION The hotel has experienced problems with water from the existing fountain escaping onto the adjacent sidewalk, which has caused accidents. In order to avoid future accidents and protect the safety of its clients, the Applicant wishes to replace the fountain feature with a landscaped planter. The two (2) art pieces are proposed to remain. The Applicant will be required to install the art pieces in good condition. PROJECT DETAILS Location The art piece is located on the west side of the northern building facing U.S. Highway One (see attached Site Plan). Proposed Art The Applicant is proposing to replace the previously approved water fountain with a landscaped planter area. The two (2) art pieces will remain in relatively the same location as was previously approved . The porpoise sculptures are made of concrete with reinforced steel poles and were painted blue (see attached Proposed Artwork). The two (2) art pieces are approximately 51 inches tall. The Applicant is proposing to cover the existing walkway with paver bricks . Pavers will also be installed on the outside face of the fountain feature . In addition , two (2) pedestrian benches are proposed to be located along the walkway area. Lighting The art piece will be lit by two (2) light fixtures that will be mounted within the landscape area in front of the pieces (see attached Landscape Plan). Landscaping Meeting Date : October 3, 2013 Resolution 58, 2013 Page 3 of3 The landscape planter consists of two (2) levels. The first level will include two (2) Wild Date Palms, which frame the art pieces. The palms are surrounded by a bed of Maui lxora. In between the lxora is a bed of Green Island Ficus. The second level consists of a bed of Annuals and Green Island Ficus. The art pieces will be located at the center of the first level (see attached Landscape Plan). Sign age No signage is being requested with the subject petition. ART IN PUBLIC PLACES (AIPP) BOARD On March 21, 2013, the proposed art was presented to the AIPP Board. The Board took no action on the subject proposal. In their discussion, certain Board Members made a recommendation to the Applicant to propose an alternate location for the porpoise sculptures. Due to site constraints, the Applicant is proposing to maintain the original location of the two (2) sculptures within the landscaped planter area, as presented to the AIPP Board. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 58, 2013 as presented. CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION ._ J ~/l 0 I'VI ' ex: • I ~-0 2.-0000 I 2.. 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: I Planned Community Development (PCD) I Planned Unit Development (PUD) r Amendment to PCD, PUD or Site Plan I Conditional Use l. Amendment to the Comprehensive Plan I Administrative Approval r Administrative Appeal Pro jed Name: Windsor Gardens Hotel Owner: Gree~y at the Gardens LLC C Annexation I Rezoning [j Site Plan Review []Concurrency Certificate ITime Extension 17Miscellaneous [:'Other Date Submitted: J ..... ____ ~-- Applicant(if notOwner): _____________________ _ Applicant's Address:2555 Mercedes Drive 33316 Te~phoneNo •. ________ _ Agent: Cotleur & Hearing Inc. Contact Person: Alessandda Palmer E-Mail: apalmer@cotleur-headng.com Agent's Mailing Address: 1934 Commerce Lane, Suite 1, Jupiter, FL 33458 Agent's TelephoneNumber:_56_1_.7_4_7._63_3_6_x_109 ___________ -:------ FOR OFF I E USE ONLY Petition Number: _____ _ Date & Time Received: _____ _ Fees Received Application$ Engineering$ ________ _ Receipt Number: _______ _ 1 FEB 13 201J - PIRINING 4 z ... e . Architect: Not applicable E • Not applicable ng1neer: __________________________________________________________ __ Planner: Cotleur & Hearing -561.7 47.6336 Landscape Architect: Cotleur & Hearing-561.747.6336 Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. General Location: East side of US Highway 1, just south of PGA Boulevard Address: 11360 us Highway 1 Section: 43 Township: 52 Range: 42 ----------------------------- P rtyc t IN b ( ) 52-43-42-04-27-001-0000 rope on ro urn ers: ____________________________________________ ___ Acreage: 1·85 Current Zoning: PUD RequestedZoning: PUD ----------------------------------- Flood Zone_8 __________ Base Flood Elevation (BFE) -to be indicated on site plan, ___ __ CurrentComprehensive Plan Land Use Designation:c ------------------------------- Ex . • L d U Hotel & Restaurant R d L d U N/A 1stmg an se: equeste an se: -------------------------------------- Proposed Use{s) i.e. hotel,singlefamily re~idence,etc.: N/A ---------- N/A Proposed Square Footage by Use: -------------------------------------------- ProposedNumberandType of Dwelling Unit{s) i.e. single family, multifamily, etc. {if applicable): N/A 2 ··:-..,. ------------------------------------------------------..... e ..... e ............... . Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} 1. Explain the nature of the request: Miscellaneous Petition to modify the AIPP original approval. 2. What will be the impact of the proposed change on the surrounding area? No impacts to the surrounding area will occur as a result of this request. 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. Not applicable. 3 ..... e ··············-··'- 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? The site is developed. Not applicable. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? The request is to modify the orig inal AIPP approval. See statement for further detail. 6. Has project received concurrency certification? 90 Hotel Rooms Date Received~Jan 1, 2012 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 .25 mile(s) from the intersectionof ------ PGA Blvd & US Hwy 1 , on thej I north,l{]_east,OsouthOwest side of _____ _ US Hwy 1 (street/road). ----------------- 4 Stateme.ntof Ownership and Designationof AuthorizedAge~t Before me, the undersigned authority, personally appeared _______ _ £HQtflj(/JAeK!Z41{) who, being by me frrst 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 . stin' Miscellaneous Petition m· the a e s e ts reque g -----------------City of Palm Beach Gardens, Florida. 3. That he/she has appointed _eo_· _tleu_r_&_H_ea_n_·n..;;;.g_ln_c_. __________ to act as authorized agent on his/her behalf to accomplish the above project. N f 0 Greenway at the Gardens LLC ameo wner: _______________________ __ P. 0. Box TelephoneNumber ~/J!IitLt.E7Z.r@A:d .t!ont E-mail Address By; N e[ntle .~ 6Jf<!#S~da.s Fl. ;J~~bT City, State, Zip Code City, State, Zip Code Fax Number Swornandsubscribedbeforemethis_~ ___ dayof ~2.£o/3 ~.;;;,ry Public My Commission expires: .:rf4ht!JJ • MARY M. HlllERT Notary PUblic. • "-Of FIDridl P • • My Comm. &pqa lllrii.JOt41 ~ C'_..,,.,_ • DO •nt •• .... ~--~-- 5 ---------- Applicant's Certification I1W e affirm and certify that 1/we understand and will comply with the land development regulations of the C ity 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: ~a_,;( ~ SigatUfeOfApplicant {/ yOwner l!~.oET6/ ~ J ~fto1.J Print Name of Applicant r Optionee 1/3~~ 21. s: Uwt/, t!J~E StreetAddress / r Lessee Aut &-;(ct/tff/IR,t:iB.£ /l3~~6 r' • City, State, Zip Code r · Agent TelephoneNumber r Contract Purchaser 6ht~w22-~~s~ Fax Number !l!!JL;/Ju~ ML,eo~ E-Mair Address • 6 I .I I -------------- 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 form, 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 application review process. ~ ,.r.z;2', /. ~&& < r signature ]:/ /(R2u'.Jezri K ..;t' dcLSc> -r ) Owner printed name DESIGNEE/BILL TO: Greenway at the Gardens LLC 205 N Country Club Drive Atlantis , FL 33462 STATE OF COUNTY OF NOTARY ACKNOWLEDGEMENT RP£'12>£ Da 52-43-42-04-27-001-0000 Property Control Number I hereby certify that the foregoing instrument was acknowledged before me this £ day of ff4Lttt!Jf?,Y , 2~ by KF.b.c;%' J~..(l . He or she is personally known to me or has produced ~/lS'~,ptfL/. A1<P~ as identification. 4 . ' ~ I?J . JL.t4Z ~otaty public signature Printed name State of ______ at-large e Cotleur& Hearing Landscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane • Suite 1 • Jupiter, Florida · 33458 · Ph 561 .747.6336 • Fax 561 .747.1377 · www.cotleu rhearing.com · Lie# LC-C000239 Windsor Gardens Hotel (F.K.A. Waterford Hotel I Wyndham Garden Hotel) Miscellaneous Petition Justification Statement Introduction On behalf of Greenway at the Gardens, LLC, the applicant and property owner, we are proposing a Miscellaneous Petition to modify the original approval for the Art in Public Places (AIPP). The 1.85-acre property located on U.S. Highway 1 in the City of Palm Beach Gardens is currently approved for 77 room hotel rooms and a 1,700 sf restaurant for the use of the public. The property is in a Commercial PUD zoning district, consistent with the Commercial comprehensive land use designation. The parcel is surrounded by properties with compatible commercial land use and zoning designations. Specific Requests and Fees Miscellaneous Petition Legal Review Escrow Total Fees Project Team AGENT/ PLANNER/ LANDSCAPE ARCHITECT Cotleur & Hearing, Inc. Attn: Alessandria Palmer 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 P: 561-747-6336 ext. 109 F: 561-747-1377 BACKGROUND $1,650.00 $1,000.00 $2,650.00 APPLICANT/OWNER Greenway at the Gardens, LLC Attn: Gary Hillert 11360 US Highway 1 Palm Beach Gardens, FL 33408 P: 561-202-4548 F: 561-622-4258 The subject property is a 1.85 acre property has been developed as a hotel since 1990. Right after the original approval of the hotel the City approved Resolution 102, 1989 for the art in public places. The Arts Advisory Committee approved a fountain and one piece of art which of approximate value of $3,500.00 with an additional cost of the fountain for a total of $41,572.00. Windsor Gardens Hotel CH# 11-0601 Mise Petition AIPP Justification Statement February 13, 2013 SUBJECT REQUEST The Applicant is proposing a miscellaneous petition to modify the art in public places approved as pat of Resolution 102, 1989. The purpose of this modification is to remove the liability involved with the fountain. Since the hotel was purchased a couple years ago by the applicant the lender has had issue with the water that escapes from the fountain. There have been incidences where the walkways around the fountain have remained wet and guests of the hotel have slipped and fell. This liability is not one that the applicant or the lender would like to continue to deal with. The applicant is proposing to remove the fountain from the site and to replace is with a planter. The applicant is proposing to maintain the original art that was located within the fountain. The art will be relocated slightly to accommodate the new planter but will remain in the same general viewing area. An opinion of cost has been evaluated for the new planter. The estimate includes the new plant materials, soils, mulch, existing and proposed walkways and pavers, construction costs, design and permit fees, lighting, irrigation and the existing sculptures. The total equates to the original intended cost of this element at $41,369.50. The applicant is requesting that this proposal replace the original art in public places approval. CONCLUSION This request for a modification to the art in public places approval is in harmony with the City's Comprehensive Plan and Zoning Code, and is consistent with the existing surrounding land uses and original land development approvals for the site. The Applicant looks forward to meeting with City representatives to discuss the revisions and improvements to the art and respond to any outstanding comments or issues that staff may have. -2 - Waterford Hotel Planned Unit Development (PUD) Location Map Waterford HOTEL-ART IN PUBLIC PLACES OPINION OF ART, LANDSCAPE, AND IRRIGATION COSTS LADSCAPE MATERIALS EXISTING ART SCULPTURES CONSTRUCTION MATERIALS DESIGN FEES LIGHTING HARDSCAPE MATERIALS IRRIGATION BENCHES TOTAL Prepared by: Cotleru & Hearing 3/29/2013 $ $ $ $ $ $ $ $ $ 9,844.50 7,000.00 6,315.00 7,750.00 2,400.00 4,670.00 750.00 2,900.00 41,629.50 ----------------------- 1 2 RESOLUTION 58, 2013 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING A MODIFICATION TO 7 THE ART IN PUBLIC PLACES FOR WATERFORD HOTEL 8 PLANNED UNIT DEVELOPMENT (PUD), AS MOR'E 9 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS 1.0 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR 11 OTHER PURPOSES. 12 13 14 WHEREAS, the City Council, as the governing body of the City of Palm Beach 15 Gardens , Florida , pursuant to the authority in Chapter 163 and Chapter 166, Florida 16 Statutes, and the City's Land Development Regulations, is authorized and empowered 17 to consider petitions related to zoning and land development orders ; and 18 19 . WHEREAS, the City Council adopted Ordinance 53, 1988, approving the site 20 plan for a hotel on a 1.85-acre site, then known as the Garden Suites Hotel PUD; and 2 1 22 WHEREAS, the City Council approved Resolution 102, 1989, approving the Art 23 in Public Places (AIPP) for the hotel; and 24 25 WHEREAS, the Waterford Hotel is currently zoned General Commercial (CG-1) 26 with a Planned Unit Development (PUD) Overlay and has a future land-use designation 27 of Commercial (C); and 28 29 WHEREAS, the Planning and Zoning Department has reviewed the application, 30 has determined that it is sufficient and consistent with the City's Comprehensive Plan 31 and Land Development Regulations , and has recommended approval; and 32 33 WHEREAS, the AIPP Advisory Board reviewed the subject petition (MISC-13-02- 34 000092) at its March 21 , 2013 , meeting ; and 35 36 WHEREAS, the City Council has considered the evidence and testimony 37 presented by the Applicant and other interested parties and the recommendations of the 38 various City of Palm Beach Gardens reviewing agencies and staff; and 39 40 WHEREAS, the City Council deems approval of this Resolution to be in the best 41 interests 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 46 Page 1 of 4 Resolution 58, 2013 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The application is hereby APPROVED for the modification of the Art 7 in Public Places (AIPP) at the Waterford Hotel PUD, subject to the conditions of approval 8 contained herein, which are in addition to the general requirements otherwise provided by 9 resolution for the real property described as follows: 10 11 (See Exhibit "A" for Legal Description) 12 13 SECTION 3. This approval is subject to the following conditions, which shall be 14 the responsibility of and binding upon the Applicant, its successors, or assigns. All 15 other conditions from the development orders related to this project remain in full force 16 and effect: 17 18 -1 . Prior to the issuance of the Certificate of Completion for the proposed 19 improvements, the Applicant shall submit digital photographs, both during 20 the day and night, of the installed artwork. (Planning and Zoning 21 Department) 22 23 2. Prior to the issuance of the Certificate of Completion for the proposed 24 improvements, the Applicant shall install the art in good condition, in 25 accordance with the certification letter from Cast Stone International 26 Corporation dated August 31, 2013. (Planning and Zoning Department) 27 28 3. Within thirty (30) days of City Council approval, the art and all proposed 29 landscaping shall be installed and all improvements complete. (Planning 30 and Zoning Department) 31 32 4. Prior to the issuance of the Certificate of Completion for the proposed 33 improvements, the Applicant shall submit digital files of the approved 34 landscape plan and site plan to the GIS Manager. (GIS Division, 35 Development Compliance Division) 36 37 5. Prior to the issuance of the Certificate of Completion for the proposed 38 improvements, an inspection is required by the Development Compliance 39 Division to ensure the subject art piece is in satisfactory condition in 40 accordance with Section 78-262(f). (Development Compliance Division) 41 42 6. Prior to the issuance of the Certificate of Completion for the proposed 43 improvements, the existing foundation mechanical equipment shall be 44 removed from the site and replaced with landscaping consistent with the 45 approved Landscape Plan. (Planning and Zoning Department) 46 Page 2 of 4 Resolution 58 , 2013 1 SECTION 4. This petition is approved subject to strict compliance with the 2 Exhibits listed below, which are attached hereto and made a part hereof as Exhibit "B": 3 4 1. Fountain Exhibit, prepared by Cotleur & Hearing, Inc., dated March 29, 5 2013. 6 7 2. Landscape Plan, prepared by Cotleur & Hearing, Inc., dated March 29, 8 2013. 9 10 SECTION 5. All representations made by the Applicant or the Applicant's agent 11 at any public hearing regarding this application are specifically incorporated herein , and 12 this approval is granted subject to same. 13 14 SECTION 6. This Resolution shall become effective immediately upon adoption. 15 16 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 Page 3 of4 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 58, 2013 PASSED AND ADOPTED this __ day of _______ , 2013. CITY OF PALM BEACH GARDENS, FLORIDA BY: ------------------Robert G. Premuroso, 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 PREMUROSO VICE MAYOR JABLIN COUNCILMEMBER RUSSO COUNCILMEMBER TINSLEY COUNCILMEMBER LEVY G :\attorney_share\RESOLUTIONS\2013\Resolution 58 2013-waterford hotel-aipp .doc Page 4 of 4 Resolution 58, 2013 · EXHIBIT "A" LEGAL DESCRIPTION : TRACT "A", PLAT OF COMFORT INN , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 79, PAGES 150 AND 151 , PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 1.85 ACRES, MORE OR LESS. Resolution 58 , 2013 EXHIBIT "8 " ... Cotleur Hearing _I.Midllape Althllac:lln =......~ Gll!lhlc~ 1934 Commerce Lane Suite 1 ~==·7-1377 0~.29.1~ . BENCH DETAIL UGHTDETAIL NTS -.1<-------75"-----.1'- TYPE: DUMOR 160 SERIES BENCH WlTli DIVIDER 11EN0i BAR (OR AP!'ROVEO EQUIVAI£NT) CJllDR: 1110 ANISH: ZINC RIOi AND POLYESTER POWDER. a>AT EiKC SP15/R30/41 K LIGHT OIIJPUT/IIfiiDDIEJIT lillllll~Em/SAUDAIJGlRA: 700WMENS ENIRGYUSEO/tHEAGJEVIlliSWtJoowDSADA: 15WATTS UFIIDURf£DIVIEIYJDA: 10,000 HOURS/HEURES/HORAS COUlR TU!PIRATVRIItllUIIIll LA ltMPEIIA1URI/IfMP£MIIIRI Ell CDIDR: 4100 "KELVIN EXISTING SIT£ AND lANDSCAPE \' I I PROPOSED PlANT UST qrv SYN BOTANirAL NAHE I PALMS C'ONNON NAHE SIZE SPACING RENARKS PHS PHOENIX SYLVESfRJS WILD DATE PALM LVESTER 7 'C .T . A.S. RJLL SJNGL STEM A.ORJDA FANCY MATCHED SHRUBS 16 IX IXORA 'MAUl' MAUl' IXORA 17. 2'x 2' 2' O.C, RJU& THICK IGROUNDCOVERS 15 ANN ANN UALS SEASONAL ANNUALS #1, 1rx12• 2' O.C. IMPATIENS-WINTER, BEGONIAS-SUMMER 34 PG FICUS MACROPHYUA 'GREEN ISLAND' GREEN ISLAND FICUS #3, 12•x12• 2' O.C. RJU & THICK AFFECTED AREA LOCATION MAP Landsca12e Plan 0' 10 2ff ... 'IG'iiiiiiiiiilw~!!l!iw ~ Scale: 1" = 20' North . Cotleur Hearing Landscape An:Mecture =....m.. COns6lg Graphic Design 1934 Commerce Lane Sullo 1 Jupiter, Florida 33458 561-747-6336 Fax-747-1377 OESIGH~~=~~OE~H DRAWN NBPIDMS APPROVED DEH JOB NUMBER _-~11~.0!,"'60~1 OATE ___ ___c02~-D4-~1~3 REVISIDNS __ --"03-""2'!:9--"'..13 Mort:n 29, Z013 2:06:51 p.m. Dfo11h9: 11 -060 1..J.P.DWG SHEET 1 OF 1 CITY OF PALM BEACH GARDENS COUNCIL AGENDA October 3, 2013 7:00P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. PLEDGE OF ALLEGIANCE II. ROLL CALL ID. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS I PRESENTATIONS: 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) VID. CONSENT AGENDA: ~__,~ s---o a. (Page 5) APPROVE MINUTES FROM SEPTEMBER 10, 2013 CITY COUNCIL MEETING. b. d. (Page 13) CONTRACT AWARD TO TREASURE COAST IRRIGATION AND LANDSCAPE, LLC FOR IRRIGATION MAINTENANCE SERVICES. (Page 103) PURCHASE AWARD TO XEROX CORPORATION FOR THE LEASE OF MULTIFUNCTIONAL PRINTERS AND COPIERS. (Page 211) PROCLAMATION -READING AND LITERACY MONTH. a. Note to the public: There is a sign in sheet at the front table for anyone wishing to receive information from the Florida Department of Economic Opportunity (DEO) b. c. (Staff Report on Page 212, Ordinance on Page 216) ORDINANCE 16, 2013- (1ST READING CONTINUED) -TEXT AMENDMENT TO COMPREHENSIVE LAND USE PLAN. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TEXT AMENDMENT TO ITS COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA STATUTES , PURSUANT TO A CITY-INITIATED AMENDMENT TO THE CONSERVATION ELEMENT POLICY 6 .1.4.5 TO PROVIDE AN EXEMPTION FOR ALL PUBLICLY OWNED lANDS; PROVJDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY ClAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (Staff Report on Page 233, Ordinance on Page 235) ORDINANCE 19, 2013- (1 St READING) -LAND DEVELOPMENT TEXT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMDENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SUBSECTION 79-158(d), READOPTING SAME, AS REVISED, AND ADOPTING NEW SUBSECTION (j) IN ORDER TO PROVIDE RELIEF FROM THIS SUBSECTION FOR PUBLICLY OWNED PLANNED DEVELOPMENTS AND TO PROVIDE CRITERIA FOR GRANTING SUCH RELIEF; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. *(Staff Report on Page 239, Ordinance on Page 277, Resolution on Page 281) ORDINANCE 17, 2013-(tJil READING AND ADOPTION)-REZONING AND SITE PLAN APPROVAL AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITH IN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 0.80 ACRES IN SIZE, MORE OR LESS , LOCATED 500 FEET SOUTH OF THE INTERSECTION OF PGA BOULEVARD AND U.S. HIGHWAY ONE ALONG THE EAST SIDE OF U.S. HIGHWAY ONE, TO BE KNOWN AS THE CHASE BANK PlANNED UNIT DEVELOPMENT (PUD); PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICUl.ARL Y DESCRIBED HEREIN , SHALL BE ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF COMMERCIAL GENERAL 1 (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 61, 20131S A COMPANION ITEM TO ORDINANCE 17, 2013 AND WILL REQUIRE COUNCIL ACTION. d. e. *RESOLUTION 61 , 2013 -REZON ING AND SITE PLAN APPROVAL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE CHASE BANK PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN TO MODIFY THE EXISTING FAST- FOOD RESTAURANT TO ACCOMMODATE A BANK/FINANCIAL INSTITUTION WITH DRIVE-THROUGH; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. *(Staff Report on Page 304, Ordinance on Page 319) ORDINANCE 18, 2013- (1sT READING)-VOLUNTARY ANNEXATION (fORMER CAPITAL LIGHTING BU ILDING AND PARKING LOl). AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM BEACH GARDENS, FLORIDA EXPANDING THE CITY'S MUNICIPAL BOUNDARIES BY ANNEXING A PARCEL OF REAL PROPERTY COMPRISING A TOTAL OF 1.68 ACRES, MORE OR LESS, GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF 1-95 AND NORTHLAKE BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING ARTICLE II OF THE CITY CHARTER TO REDEFINE THE CORPORATE LIMITS, PURSUANT TO A PETITION FOR VOLUNTARY ANNEXATION ; DECLARING THAT THE VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE OF THE OWNERS OF THE REAL PROPERTY ANNEXED HEREBY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (Staff Report on Page 323, Resolution on Page 337) RESOLUTION 58, 2013 -WATERFORD HOTEL PLANNED UNIT DEVELOPMENT -ART IN PUBLIC PLACES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MODIFICATION TO THE ART IN PUBLIC PLACES FOR WATERFORD HOTEL PLANNED UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDmONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XL ITEMS FOR COUNCIL ACTION/DISCUSSION: 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 molter 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 kstimony and evidence upon which the appeal is to be based · In accordance with the Americans with Disabilities A ct and Section 286.2 6, Florida Statutes, persons with disabilities needing special acco1lfltl0dations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Oerk'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 COUNCIL AGENDA October 3, 2013 7:00P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. *"' PLEDGE OF ALLEGIANCE II. ,.,-ROLL CALL S" -0 III. v ADDITIONS, DELETIONS, MODIFICATIONS: IV .........-ANNOUNCEMENTS I PRESENTATIONS: V. /ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. V'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) 5" -0 VIII. CONSENT AGENDA: a . b . r~c. d. (Page 5) APPROVE MINUTES FROM SEPTEMBER 10, 2013 CITY COUNCIL MEETING. (Page 13) CONTRACT AWARD TO TREASURE COAST IRRIGATION AND LANDSCAPE, LLC FOR IRRIGATION MAINTENANCE SERVICES. (Page 103) PURCHASE AWARD TO XEROX CORPORATION FOR THE LEASE OF MULTIFUNCTIONAL PRINTERS AND COPIERS . (Page 211) PROCLAMATION-READING AND LITERACY MONTH. IX. PUBLIC HEARINGS:<* Designates Quasi-Judicial Hearing) a . ./(Staff Report on Page 212, Ordinance on Page 216) ORDINANCE 16, 2013- (1 51 READING CONTINUED) -TEXT AMENDMENT TO COMPREHENSIVE LAND USE PLAN. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TEXT AMENDMENT TO ITS COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED AMENDMENT TO THE CONSERVATION b. ELEMENT POLICY 6.1.4.5 TO PROVIDE AN EXEMPTION FOR ALL PUBLICLY OWNED LANDS; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES ; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES ~-0 (Staff Report on Page 233, Ordinance on Page 235) ORDINANCE 19, 2013- (1 51 READING) -LAND DEVELOPMENT TEXT REGULATIONS . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMDENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SUBSECTION 79-158(d), READOPTING SAME, AS REVISED, AND ADOPTING NEW SUBSECTION G) IN ORDER TO PROVIDE RELIEF FROM THIS SUBSECTION FOR PUBLICLY OWNED PLANNED DEVELOPMENTS AND TO PROVIDE CRITERIA FOR GRANTING SUCH RELIEF; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. *(Staff Report on Page 239, Ordinance on Page 277, Resolution on Page 281) ORDINANCE 17, 2013 -(2"a READING AND ADOPTION) -REZONING AND SITE PLAN APPROVAL. 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 0.80 ACRES IN SIZE, MORE OR LESS, LOCATED 500 FEET SOUTH OF THE INTERSECTION OF PGA BOULEVARD AND U.S. HIGHWAY ONE ALONG THE EAST SIDE OF U.S. HIGHWAY ONE , TO BE KNOWN AS THE CHASE BANK PLANNED UNIT DEVELOPMENT (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 COMMERCIAL GENERAL 1 (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 61, 20131S A COMPANION ITEM TO ORDINANCE 17,2013 AND WILL REQUIRE COUNCIL ACTION. J d. e. *RESOLUTION 61, 2013 -REZONING AND SITE PLAN APPROVAL. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE CHASE BANK PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN TO MODIFY THE EXISTING FAST- FOOD RESTAURANT TO ACCOMMODATE A BANK/FINANCIAL INSTITUTION WITH DRIVE-THROUGH; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Staff Report on Page 304, Ordinance on Page 319) ORDINANCE 18, 2013- (1 51 READING)-VOLUNTARY ANNEXATION (FORMER CAPITAL LIGHTING BUILDING AND PARKING LOT). AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM BEACH GARDENS, FLORIDA EXPANDING THE CITY'S MUNICIPAL BOUNDARIES BY ANNEXING A PARCEL OF REAL PROPERTY COMPRISING A TOTAL OF 1.68 ACRES, MORE OR LESS, GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF 1-95 AND NORTHLAKE BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING ARTICLE II OF THE CITY CHARTER TO REDEFINE THE CORPORATE LIMITS, PURSUANT TO A PETITION FOR VOLUNTARY ANNEXATION; DECLARING THAT THE VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE OF THE OWNERS OF THE REAL PROPERTY ANNEXED HEREBY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES *(Staff Report on Page 323, Resolution on Page 337) RESOLUTION 58, 2013 -WATERFORD HOTEL PLANNED UNIT DEVELOPMENT-ART IN PUBLIC PLACES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MODIFICATION TO THE ART IN PUBLIC PLACES FOR WATERFORD HOTEL PLANNED UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII.~JOURNMENT 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. Please Print -COMMENTS FROM THE PUBLIC Request to Address City Council Name: t"ltLho-e\ :::). Y'e.=•<jot? AddreS{3: · ~:-;±--::;. Se.. d . o (")o:.. '-..-0 a '-' . \ . -------- City: ? ~ ( r ) ~ ~=----~____,£__'"!:,~y__,__,_\ SZ,--L.L-------------- Subject: b <+ \ \ S'>Cbc \c..... .. 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 Name: COMMENTS FROM THE PUBLIC Request to Address City· Council City:--------------------------------------------------------------- Subject: · O(Lb 10, Jor3 I .. . 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 delivere.d to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three {3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please PrinV c-1 ~ Name: , \ -:r.a \/.YT1<SAJ'1 Cl ~Se<:> Addre~: : \ D ±9,_ ~ \d-&J> '/ City: ?~ Subject: r.J~p \ (e ) ~ 1-:2 - . 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 Name: ~.b~a_) . ' Address:·--------------------------~--~--------------~~----~~---- City: ------"?1---cA;; ~--2-~----,-;-, V\-~-____../__,....,6--,---~-1-j'----1-. ~- Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda an~ 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 - Name: -COMMENTS FROM THE PUBLIC - Request to Address City Council Cizy: ----------------------------------------------------------------- Subject: ' I . .. Members of the public may address the.Cizy ~ouncil during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the Cizy 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 Name: lf11~l Sf!1~[ Addre~: . _t'-=t?'---:l_,.,.jj~:!:F-J'/~~~· -+---. a_~__:__r_:;_K J___._. _c_r_IL_· _(J ___ ~----1------...:.-- City: _______ ------------------------ Subject: Ce!YI ffl QJ( . 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 Name: ---COMMENTS FROM THE PUBLIC - Request to Address City· Council AddreS$:: ----lo{<...Lb=--lf-f-'--3~_5../~:>J~:=....::....!Z:::3.....Jf-. ----t;::.~'""'-i)PP·-~:----------~~---'---- City: _ __:__P__.;;:;;B_.:~=---------------- 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 C ity Council must be delivered to the City Clerk prior to t he commencement of the meeting. The time limit f o r each speaker is limited to three (3) minutes. Please Print Name: City: Subject: --COMMENTS FROM THE PUBLIC Request to Address City Council .. l( Members of the public may address the.City ~ouncil during the "Comments by the Public" portion of the agenda and during "Public He·arings". 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 Name: Address: City: Comments From The Public Request to Address City Council Members of the public may address the c· 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 Name: Subject: COMMENTS FROM THE PUBLIC Request to Address City Council 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 delivere-d to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. ~~s-o CITY COUNCIL MEETING 10/03/13 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: DELETIONS: MODIFICATIONS: UNDER PRESENTATIONS: a. North County Neighborhood Coalition Group -10 to 12 minute PowerPoint presentation. UNDER CONSENT: b. Purchase award to Xerox Corporation for the Lease of Multifunctional Printers and Copiers. This item is being withdrawn to allow staff time to obtain revised pricing proposals from the two vendors. NONE r ({~·J-/o/:l/13 Cc~ ~cA. Mu.:O"'J· r~~ TV <!.4~ (hM)e..l.., C-i~ ~ey, ~\"1 ~,e.~ c,..(u.J<. C'f ~<M6.. ~.tJ't"'\t:l,.._ ~ {'o~tJui. ~rflf~, In October of 2012; a group of concerned citizens attended a design charrette in the Vero Beach Board of County Commissioners' chambers, presented by the "Southeast Florida Regional Partnership Sustainable Communities HUD Grant Initiative, '1 now known as "Seven 50,11 meaning---control o f_ seven Florida counties within 50 years. This group of unelected, federally appointed bureaucrats using combined grants from HUD, DOT &EPA will affect extreme changes in housing and transportation by building "sustainable communities// which are clusters 'Of low income, high densitypopulation,· HUD high-rise stack-and-pack housing in every neighborhood in every community in the Unit~ States: This plan will eliminate the use of automobiles by relocating us out of our suburban homes and forcing us to use mass transit. . . With a recent infusion of $10 billion in taxpayer money, secretary'of Housing and Urban Development Shaun Donovan, announced this week that during the months ahead, in the most ambitious social re-engineering project ever undertaken by the federal government, racial mapping in e 'very neighborhood in every community in the U'?ited States will begin. In accordance with the current Administration, (in their own words}, they plan to overcome 11legal barriers" in order to instal/"sustainable communities" nationwide. Having been voted out of Indian River County, Seven 50 has begun its master plan in St. Lucie County. In a report compiled by Seven 50 called 11Social Equity Analysis and Opportunity Index for the Seven Counties of Southeast Floridq, u Part 2,page-"70 which states: "Downtown ft. Pierce is very weak in socialeqaifr: Another land tract that scores high in the "opportunity census study is tract #3821.9 which inc/utles the PGA Village and Country Club. Another tract, 3812.04; covers a barrier island containing three state parks noting in their report that these areas are "ethnically deficient'1 and are high priority tar, >et areas for im lementin the »sustainable communities, It plan, as are gated communities which .are deficient in ·social justice planning. iR 7fhe report covers f. e entire county of St. Lucie, Martin, Palm Beach, Brevard and Monroe county as well HUD 's Community_ Chal/eng_f!_Jl!ant Program aljows HUD to replace local master plans, ·--;-~;-:---;---- zoning and building codes! while bypassing locally elected officials. Working hand-in-glove with the Building One America Program, homes in the suburbs will be taxed in the extreme to subsidize the ''sustainable communities// in a massive re.distribution of wealth. The American Planning Association in concurrence states. "We believe that planning should be used as a tool to eliminate the great inequities of wealth and power in our society." Instead of allowing the free market system to correct the past U.S. housing policy failures, Seven 50 promises to integrate more Regional Planning, more federal loans, more debt, more regulations by dissolving city and county lines, forming Mega-Regions, taking away local decision-making and mandating land use codes, zoning, transportation and housing reforms and bypassing our locally elected officials. This plan isn't really about racial planning--it is about Central Planning by the federal government without your knowledge, without your consent, without your vote but with your tax dollars. Indian River County was the first in the state of Florida to withdraw from Seven 50. Why? Because Seven 50 does not reflect our deeply held values of fiscal responsibility, smaller government, 'local decision-making,· public pt!lrficipation in the future of one's own . community, the right to decide where and how we live anci the right to private property ownership. The federafization/nationali.zation of our living spaces as mandated by the Seven 50 Plan runs counter to our constitutional right to own private property. Our Florida counties of the Treasure Coast to the south have asked for our help in supporting their desire to have theirpublicly elected officials withdraw membership from Seven 50. We offer our assistance in educating the pu.blic so that they can make an informecl choice about the future of.their communiti~ .We speak to civic organizations, churches, Home Owners Associations, clubs, and to your publicly elected-officials. If you and members of your neighborhood would like to learn more about the American Coalition 4 Property Rights and the (entral Planners who intend to implement Regionalism under the name of Seven 50, please go to our website www.ac4pr.org in St. Lucie and counties south; or to www.ac4pr.netfor Indian River County's website. ·. Ijl slides~U~!~ C 2) !search... =:J ·~ • Browse • U2..fm • l&.&in • .s.i&wu2 .•. Part 2 Social Equity Analysis and Opportunity Index for the Seven Counties of Southeast Florida t"or dl< roq•lr<ID .. I> •f tb< fair HoiiSU.,: i:q•ity Aa•lysb ( ... lEA) of lhr Sll'ftiiJI So•IIU"!I noM• l'rospi!rltJ• ,., .. (IIUI> Su.uinablc l"s~V ~qiZ'Il€;;~~~ /!_(?pI J) ~ PAKl" Z SE("riO!IiS : I l J -4 s Aa•l)·zia~: hodlC8Ion of So<ial Eqally lodicatGn aDd U••• So•rcn S..lal t:qulty ladM:ator •·mcli•J:• Uppen•aity IDCk• thuall fhodi •1• '1. AIIAL'YZIH INDICATOU OP 80CIAL MaVITY This reran ick .. ir .... ••ploins. ond MDI)'7.<S so.:iol cqoity indototoJS ond. dtri\'l:d opponunity indox i>r 1M SC\'<ft counties of the Swlhcaxl Florida res om. h is 1ft furthcrante of Fair u ... :<ins Equoty As>eosmcnt (fii~AI r<qui~menb of the SC\'ell($0 ..,p,nal plan ben'!; p ro duced by o comonium led by 1M s ... th Hc.-ido and Treasun: t'aast kecional PI-ins Councd> a.< a ~orantc:e of IIUI>'< Su<taJnabk: l'om,..nities kecionol Planntns lnitiati''<. F'HEA rcquireme.-s mandate that • compehensi''< re,·icw of b...sin;oquil)• be undtrtaken prior lo 1M crcotion of a Sustainable ('ommunitic>< regioJ»I plan. A key JliUI of that re,-iew J> a """iol oquil)• anal),; is and oRKJnumty iiKkx. Social equity eM be booadly defmed as '"'""' "l'f'•>Tt"'Jjl)• for all Jl<ISOil<. The Prc><idcnt's Council m Sustaiaablc I>C\·elopmenl dt6ncd so.:ial equity as "equal ORKJnUDt)'. in a safe and healthy cnvirmment''. A popular concc:ptu.lizatton of social cquil)• places 11 a.' on: of the three fundame-ntal. Interlinked factoJS or smtainabilit)': the othe-r two bc:i~ cm·ironm~nt and economy. E'~n thoush thr:r~ are compc:ttns id:as for dtfiniDs social equity. tlloy all center on <CIIJCepls of oocial orllanir.otion. dtmography. and (to a lc:uc:r c:xtcntt culhlre. In so doinJ;. social equil)• sen·<:< to oddra• how indh·idual Jle""ns. households, and commm~itin inlt.-,·ac.t with cac:h other. how /uir~•·cecb lftC'mberor !OCic:ty "an share tn lifC:'s qtpartunitics. and how illkg rutftl all rascms are-, rc:-s:ardtess or ddlerenll•tm.s ,.ar .. bb such a5 race:-or cduc.atton Jn·e-1. Soc10l equity cmtributcs siJlllif'JC:a,.ly 1o any u...s ... mc:nt of fair housn>j; beca~e many of the thongs that hmot housinJ opportunity stem &om !OJCiol . dcmo~mphic. and'cr «onomic fattcrs. Ultimately. so<ial equity atllll)""' examines how and wby diffc:rcnt opranunilies cxi>1 for Jl<Ople on difkKOnt pla<cs. c ..... ,.,. .. 11 Roar Media . , Like Like Like Like • ·~.-; r : ,.\1:. · . --- Tiger 2013 Awanls 72 \'icWS Top 10 Strategies to Maximize Linked In for Entrepreneurs 15 ,·jews Top 10 Strategies to Maximize Linkedln for E ntrepreneurs 2 views SevenSO polling '1\'eeks 1-15 254\·iews ...... jso S""nario report July V2 r---~~~~ 167 ,-jews Like Like ~r _ ...... z-- Like •• Like Like -- Seven50 Draft Scenario Report 2 54 ,·iews Summit 3 Opportunity FHEA Presentation 2M v iews FHEA Executive Committet> Power Point Presentation 70 '·icws Summary of seiKted regional plans 6 6-13 167 views SevenSO Drew Presentation 060413 Data in this rcpon •• collected at tho census tract lc,·d. "hich is aprropriat<: for two rcOliOns. First. cell'lus trucb arc JCM~all)• !ilnall •n size 'U5UDII )' around 4,(1(lU rersonsJ 1n mc:tro)101ium region£. lhi.sallows £or a liner lcnl of rcpreoontattm -..hen the cbta JS mapped and allo..-ssrcat<:rdcotail to cmcrsc from the spattal patterns. Second, the lJ.ll. t"cnsus Bureau collect> the full mnsc of domographtc. ccommic. and housins data at this level. so the aml)·:sis docs not cxchxlc sJpiftcanl•ndicak'lri. Nolc thai the rcpon makes UK" of (ull ccnsu~ IJacls inslc.ad ol partial ccmm tr.octs lOr the benefit of 1ncrcas•ng the number and \'andy of indicators th.11t can be used In the opponunlt)' index. ('cnaln mdicator... such as Qualified Census lract statu5, arc only D\"&ilablc at the full tractlc,.,l. Per the 2010 Census. a total of 1.333 populated ccnsu:oo tract" e-xist a..: ross the 5e:~·cn counti~ of Southca.'1 Flcwtda: :!'1 in lndllUI Ri,·cr Cwnl)". -13 in St. lucie Count)". 3-1 in Mantn County. ~J I in Palm Bench County, )1,0 in Broward County. SUI< in Mtami-Oado Co~ml)•, and 28 in Monroe County. "hbk I . ('-pos ltio• of tb< Sid)" Ar .. (21110 C~asus) C'GMOI) Ar• '••••do• N••IHlrefPop•lalt4 ("e•s•s Tracts ....... b lb.fl~cptti I)K.O~R ~~ Sl. Lttcio 6KK.I•qmi 277.7&9 ~3 ~i.tnia 7S.!.Ilsqali 1~6.318 3~ Paint Beach lJKld Sot.~ nti l.l~O.I.lol HI a ........ l 1.119.6sqnti I. ?41.066 )loll Mi.tMi·DIII< .!.43 I.:! .54 mi 2,4Q(.,435 SOK MoiUUC 3.737.2 sq ftti 11,090 2H -rui'AL ··-----·--,----II.CJJ1.1 'lqn•i I>.IW,IIloll l,l)) A cncat al>out cens11.< lracls should b< obocn·cd when ft'ading the repoll maJl<: poJ"IIalion distrilutioo and dcm.it)• may nol be equal throusbout the trac1. Unc\'CR d1stritmtton is likelier to occur in ~~graphically larger and less urban tract>. <Uch a• found in the 1 rc.ISI8"C l'mst coulllics or the "cstcm half of the rcsicm. Care should be taken not to con date large tract s12c with lar;e population or hisher intensity of an indtcator. This" ill be I<' iterated as appropriat<: throughout the repon. By all acco~mt>. Southea.•l Honda is a tarse R:;ion·-almost the stzc of llfaryland. with a populatton grcat<:r than that orJ3 states. Tbc drivins distan<e &om ~ba.•ttan at the north end oflndian River County lo Key Y..cst in the <omhend of llfonJOC t"olmty is more than 3UI miles. lK:roM 10h1cb three Metropolitan Statisllcal Areas arc encountered: ~bastian-Vero lkach llfSA and t•on St. lucie llfSA m the north falso know11as the ""T~surc Coa.,t'' and tot;clhcr KCounlint; (or the-rcs:ion"s thJt"e ncnhC"mmmt counlicsl and the llltami-l'ort loudcordalc-l'ompano IICIICh MSA in the south fcommonly Tcf~rrcd to a• the Sooth tlcwtda MSAJ. Like ·--... ":.."":": 813 ·--·- Like Like --- Like 163 ,·icws 6 4 13 Se.venSO SFRP 142 views Seven50 TCRP 6-4-13 Presentation 145 views Seven50 polling weeks 1-12 195vicws """"'jso Draft Scenario 5 23-13 r-=-----. 181 views Like Like Like Like Like Like Like Like Seven 50 caiTas reg an imp t1t 5 17 13 141 views Seven50 May 17 Workshop 259,·iews Population and Employment 144,·iews Draft Scenario 5 16-13 124\'iews SoEnergy Company Presentation • Website 402 views So Energy Company Presentation 152 ,·iews Seven50 poDing results (1·9) 205 views SevenSO Polling Results weeks 1·9 FINAL 58 Yicws Numh:r of (CASUS waa.~ \\·ith a ltlxA indc.11. §Core Nu01kr of tcnsus •*cts u.itb aMuck~'Uic-indc~ .scon: N wukr of c:auus wacts with a loa· ifMkx scorto 1'\wnbcr of caa.ws •a~~.-u with a .. "') hm indo. sc~ 4 1 4.7'!<. f-7.4' 11.6'% .ller1i11 ('..,aiJ~Appn"'imak:l)" a th1rd ol the census tracls eliSt of 1-95. whe"' mo<l of the counly's residellls live • .cores h1!lh on app011Unity. Th= tract> encomposs 1\tanin t."ounty•s cnll~ caul and u~lud: thc to\\-ns of Port Sakmo and l-lohc Sound .und the rcsulential distrK:ts around Stuart. the only incorporated municiralit}' an Manto ColD11)' and the: county Kat. sman·~ ccns~ tract~ ~ore moderatcl)· cc-xc<"pt censm tract-. Sand 11~ as does the resl ol the COUDI)" ea" of census tracts 1~.01 and 1Ul2. These latk:r tracts. ,.,h1ch he bcMccn lake OL:.ccchobcc and tbe urbanized cast. arc mostly agriCullurallow demily Cbctwecn them. the two tracts ha•·e mly opprmnnately ~.IDIJ r~idc:Db). and score low an opport1D111}'. Acro5!\ the three northern counttc-s. then. a pallem of low soc~al cquily IS foiDid in the we<~em, non-urbanized zone. N wttbc:t of em sus ••Cb v.itlll AI roy Ju~:lt iockll. KfoJ'C Nmbcr,•fccnsus •b4.U •·ith alugiJ indo. .scf•re Nu.Aabtr of ca~.s\IS IM."lS \\itb a ltiOikFIJII! iadi:K Sle<Jre Nlllltbcr ofccasttS 1racb \\i1Jlalo .. UkltJt. 54X)IC Number of cal sus a:acu wi1h a ,.,.. It'"' ind~ scurc (I 13 17 Perr•t 50.0% 5.'1'11. 5.91i. Palm lkacll c ...... .r-This nortbommost COIDit)" of the MSA contains the Jarrcst exknt o( ccnws tra\:ts w ath hish OJYH>rtunit)' !Cores. Uov.-c~·cr. it also conbuns an undcrpcrforming sul>-nosion around lake Olo:cc: hobcc that constsk:ntly rat .. poorly on •ocial cquily IndiCators. lhe coullly """~ West l'alm B~och. IS hiJbly mixed m terms ol oprortunily. -.ith "'JWcselllation from all cakga-ics from very low to biJlb. lhe immcdiakly adjacelll city. Palm Bead>. scores cmsistelllly very high. The wcsl:'cast, rural-"urban di~·ide seen in th~ countie-s to the north is carr~ into l,atm Beach Coonty 10 a limited exk:nt. The Jll-mile-wid~ area between lake Ok<:echohec arxl Palm Beach (;udcns. Wellington. and Royal l'alm Beach is relloti•·ely dcropulatcd. Ea.•t of the aforementioned munic:ipohtics,the urbanized MSA extend!. south contiguously to Florida City in Miami..Oade('ounly. The majority ofcensustm:ISon the west Side of the divid~ ""' scol<d moderately for opportunity. IDitil the Belle (;Jade: area next to lak~ Okeechobee. which rates low and ''CJ). low. Two larJe cmscn-attm areas arc klc.otcd here. m the outside of the MSA. which ..:duces population densily. Suong pcrfonning areas in the M SA include most of the area from the city of Palm Beach (iardcns north 10 ~county I ine. An exception i..tli. census tract 2.02. which~ ifi dOWDiOwn lupna. Addittonally. a majority ot the area on thr: C1L<ft1 @ic of the Loxahatchee Natimal Wildlife Refuge mtC!> at least modcrat<:ly on OJIPOI1Unily. with It ~ man)' rnidcntial, unincorrcrot<d ll>Dds to the ..... of Yoyntm bcoch. Dc:hay beach. and boca Raton scor ins hiJh. In focl tn this !IDuth:m pon of the count)'. theft: are only three t~olatcd c~nsus tracts that rate \'t'l')' I<Nr: census tract !ib.U I in llilkc Won h. census tract 6KD2 in lkh ay 8c-ach. and census tract 7 I in Uoc4 Raton. The fUmcr two tr.1cts arc located on the downtowns of the r""i'<'Cti\·e cit ies. r.l• .... ., C••IY S •••r) N -bor Per~nt 'N;;}~;;,f~~ wa .. u v.·ida a wr.r IUt:lt ill&lcJL "",c li 3..!1i. ~u.mher of~cnsu taru. v.i1h aluKh iftda score Ill 34.1 ... t\wttkr ()( \!01 ... •ac.u v.·iO a MrNkrtllr ilkk~ scun: IU• lS.O% ~wt1k1 of t:dlSII.S aac.u ~·t1h •ion· ia&ler. \QNe M IK.4 ... Nwnbcruf('aiS~ 8.&4.U "'ilh.a r"')·tn .. index S.Ct~ .l6 .... , BrD•••4 C•nt.r-The monpt perfcnnins communities include ccns~ tract.~ in l'ad:land. l'or•l Sprinss. Lighthouse Point. Weston. l>avie. l'em"ruke Pines. Plantation. and the fonnor(.'[)PofEstalcs of Fort LaudcJdak tmw di,·i<kcJ between Hollywood and Dania beach). 1'he1i:c municip1 1it1cs shillrc a common trait in thot they arc ,..n pr~mmantly rcsJdcntin l and hne hiJher hour.chokl incomn:. C.."om·er.scly, the iol\cst ~rftrminJ census tract.c. in tht: county DJt' concentrated in a handful of arc.u exhibihng low economic performance. 'fh..., include central Lauderdale Lakes, western Hallandl>k 4IKI l>ania beach. central Pompano hc.ch. and northwest Fort Laudenl>le. Much of Pompano beach :ocorcs below 1\'oorage in opponunil)-. the c:xception bc:ing the rC'Mdcntial sGUIIK-ast part <L the city adj.cent to Seo koneh LAke<. A I"'!" share of TAmaroc and Lauderhill ore similarly positioned. a.• i• the rortion of Fort Lauderdak north of llrowud bouk,·ard and west of the ~ E(' rail10nd. hrthcr south, almost all C".astc-m Miramar and PcmbJOke ltines census tracts. ~core below a\·era!JC'. alms wlth \\•est l'arl: and l'cmb10ke P•rk. Modcrak: f>C'rfonni11; ce ... us tracts""' located ac10ss th: coml)·. in cttics with bc>lh high sccwlng and low JCorina tracts. All ofwe~em M1ramar. southwest ltcmbrol:c: l'inc:s. and western \\'cSIOn rate •s moderate in OJ11ortunit)·. 1 hC' maJOrity of Tamarac arK! Co.:onut (,'reek and all of south:m l'oral S p-ings mt c: a moderote ..:ore. In fact. the entirety of the coUDI)'"s coLU I uacts ranks jmt moderokly tn qtpartunity. (The one <ens us ttacl that •cacs bigb. 'llll.02. is mostly compo!icd of l h: Wnt Lake Park rccreatioml area.) In JC'nera1. tbe newer. re!iidenliol area.' in UJOwaJd County scmc well on opportunity. \\hik the older. ccntrol cities fa"' more poorly. H....,., of..., __ .. ~a,.rrlllrJt -· _., tr.lltc:r of--"iQ alllp iola...,... N.....,., of • .,._-wiUt •••-iAokx- 2 M 1611 Prrccotu 0.1% 18311. 46.7% tMtlb t :nnuunnit~ ln\t""h•• .. nt. In•·· l•ll U,. •• ,U Ut:\ 1.._ \\ tl\1. \ 1,299,356 801,575 218,649 233,557 29,536 1S9,412Broward 1,734,139 790JY73 448,777 415.627 ss.794 241.,368Miami-Dacle 2.445.,374 389,3 18 470,3261,565,41038,813 814,824Monroe 73,()6552,9044,698 14,324802 6,634RACE: Distribution ofWhite Population Regional Findings: There are 2.42 million white. non-Hispanic persons in the Southeast Florida region, accounting for39.8 pereent of the total regional population of6.1 million. They arc not evenly distributed throughout the region; the northern counties and Monroe County are highly represented. as are the coastal areas along almost the entire length of the region. County and Local Findings: lndian River. St. Lucie. Martin. Palm Beach. and Monroe counties each have ptedominantly white populations (783. 62.8, 81.2, 61.7, and 72.4 pen:ent, n:spectively). Miami-Dade has the smallest. at 15.9 pereent. The majority of census tnu:ts in Martin and Monroe counties m more than 75 pen:ent white. In Palm Beach County, the figurc is closer to half. even though almost 62 pen:ent of the county's residents arc white. Miami-Dade County has only one area., in the vicinity ofSutfside and Bal Halbour, that over the 2006-2010 period was more than 75 percent white. In Broward County. where the racial mix is generally more balanced than in the other counties. areas that arc ptedominantly white are located almost entimly along the coast and in the Gty ofParldand.RACE: Distribution of African American Population Regional Findings: A total of 1.21 million African American persons reside in the region. representing 19.6 pereent of the total population. There are relatively few areas in the region whae they make up more than 75 percent of the local population and outside of these areas their share of the local population is generally less than 25 pereenL Their largest penetration is within the three-county MSA and the Belle Glade area on the south edge of Lake <lteechobee. County and Local Findings: Monroe County is underrepresented by African Americans, at only 6.4 pereent of its 2006-2010 avemge population. None of the collllty's census tnu:ts have any concentrations of African American persons. A similar situation is evidenced in lodian River, St. Lucie, and Martin counties, although in these northern counties there is a small concentmtion ofCams Community Investment, Inc. DRAFT FOR REVIEW ONLY 12 13. Social Equity Analysis for the Seven Counties of Southeast Florida African Americans in the vicinity of nut Pierce. In the MSA. areas where African American peiSOns comprise 75 pm:ent or more of the local population include north Miami-Dade County, ceottal Browaro County, and the Belle Glade and West Palm Beach areas in Palm Beach County. Centtal Browaro County and north Miami-Dade County both encompass a number of small municipalities that have historically been African American. These include Laudenlale Lakes and Laudedlill in Browaro and Opa-locka and Miami Gardens in Miami-Dade.RACE: Distribution ofHispanic/Latino Population Regional Findings: Hispanic:s comprise 37.7 pcn:ent of the total regional population (23 million pCISOIIs}and the majority of them are .. , -------·-------------------,.------------· .. -·· ... incomes JaDging from $30,000 to $70,000 ~pn:sents the majority of census tJacts. County and Local Findings: Martin and Monroe c:ounties have no census tracts with median incomes in the lowest mapped category. Martin, Broward, Palm Beach, and Monroe counties each had avem2e median incomes above the Jegional median, at $53,210, $51~94. $5~,242, and $53,281 Jespec:tively. Notable concentrations oflow-camlng households~ located, from north to south, in Fon Plen:e (St. Lucie County), Belle Glade (Palm Beach County), Pompano Beach (Browanl County), and the Miami- Hialeah-Miami Gardens corridor in Miami-Dade County HOUSEHOLD INCOME: Per Capita Income Regional Findings: The highest per capita incomes ~found almost entiJely in the census tracts that line the coast. The lowest~ found withln the MSA. west Miami-Dade County, and around Lake Okeechobee. ThCJe an: many more tracts earning per capita incomes below $50,000 than above it. County and Local Findings: The coastal census tracts of Indian River, Martin, and Palm Beach counties~ almost entirely within the hil!hest eamin~~t bracket (above $75.000). while in Broward, Miami-Dade, and Monroe counties the highest earning tracts an: moll! scattell!d. Low eaming census tracts are primarily located in west of Indian River, Martin, Palm Beach, and Miami-Dade counties, with additional tracts arising along the middle of the Uibanized corridor from Palm Beach south to Miami. Many of the region's largest cities (including West PalmCanas Community Investment, Inc. DRAFT FOR REVJEW ONLY 14 15. Social Equity Analysis for the Seven Counties of Southeast Florida Beach, Fort Laudenlale, Plantation, Hialeah, and Miami) do not exhibit high pCJ'oCIIpita incomes. In Miami-Dade County, for instance, the only major cities to have a per capita income above $75,000 an: Plnc:crest and Coral Gables. In Palm Beach County, only Boca Raton does.POVERTY: Poverty Rate of All Persons Regional Findings: Geographlcally, individnal poverty is a concern in all seven counties. Populations with poverty rates above 30 percent (the highest category) an: found in multiple census tracts in all counties but Indian River. County and Local Findings: All major cities and the entire reltion around Belle Glade have clustem of census iracts wheJe poverty affects 20 percent or moll! of residents. Al1!as with the lowest poverty rates~ generally located on the western side of the MSA corridor, particularly Broward and Palm Beach counties, and the eastern thin! of Martin County. Low poverty is found in most parts of Monroe County, too, except in Key West.POVERTY: Poverty Rate of Families with ChildJen Under 18 Years of Age Regional Findings: Across the tt:gion, low-income families with chlldren tend to be located in the same areas wheJe the overall poverty n1te is high. The largest concentrations of poor families aJe generally located within the MSA County and Local Findings: The coastal census tracts in Indian River and St. Lucie counties notably have significantly higher poverty rates for families than forthe overall population. Similarly. the 1-95 colridorfrom West Palm Beach south to Pompano Beach is lined by Attest: CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, reading on grade level is of vital concern to the wellbeing of our children and to their future productivity as adults and in maintaining the quality of life in Palm Beach Gardens; and WHEREAS, the Literacy Coalition and Children's Services Council are involving our community and county in the national Campaign for Grade Level Reading; and WHEREAS, the Campaign for Grade Level Reading focuses our community on the importance of getting children prepared to enter school ready to learn as well as continuing to learn during the summer months; and WHEREAS, the Literacy Coalition and Children's Services Council are asking schools and parents to work with them to reduce chronic absenteeism through the "You have to be present to win" effort; and WHEREAS, the City of Palm Beach Gardens C('mmits to participate actively in the Literacy Coalition's Read for the Record Campaign reading Otis, by Loren Long, in childcare centers and schools throughout the city on October 3, NOW, THEREFORE, I, Robert G. Premuroso, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim October as: READING AND LITERACY MONTH in the City of Palm Beach Gardens and urge all citizens in acquiring services or information regarding literacy to contact the Palm Beach CountyLiteracy Coalition. 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 3rd day of October in the year Two Thousand and Thirteen. Mayor Robert G. Premuroso Patricia Snider, City Clerk, CMC