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Agenda 07-02-19 The City of wr Boynton Beach y City Commission Agenda Tuesday, July 2, 2019, 6:30 PM Intracoastal Clubhouse Park 2240 N. Federal Highway Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 www.boynton-beach.org Page 1 of 600 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit- Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state your name for the record DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Intracoastal Park Clubhouse, 2240 N. Federal Highway, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule- some meetings have been moved due to Holidays/Election Day). Page 2 of 600 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Vice Mayor Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Announce the Budget Workshops for 2019/20 proposed budget: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 15, 2019 @ 5:00 P.M. Tuesday, J my 16, 2019 @ 10:00 A.M. Wednesday, July 17, 2019 @ 2:00 P.M. (If needed) B. Announce the Summer Youth Institute Internship Program with Boynton Beach Utilities, Pathway to Prosperity, Genesis Community Health and All Girls United, Inc. Sponsored by Healthier Boynton Beach. C. Announce additional event components the City of Boynton Beach's 4th of July event by Eleanor Krusell, Public Communications& Marketing Director. D. Proclaim July as Recreation and Parks Month. E. Present Certificate of Completion to Commissioner Christina Romelus for completing the Advanced Institute for Elected Municipal Officials 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R19-069- Authorize the City Manager to enter into a three (3) year agreement with The Gehring Group for Insurance Broker Services. The estimated total Page 3 of 600 three (3) cost of$210,000. B. Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm Garney Companies, Inc. of Winter Garden, FL and establish contracts in accordance with the Request for Qualifications (RFQ) No. 013-2821-19/TP for Reclaimed Water Distribution System Progressive Design Build and per Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. C. Approve disposal of vehicles/equipment submitted by the Fleet Division and declare sixteen (16) vehicles/equipment as surplus and approve the disposition of these items via auction using various means, such as JJ Kane live auction, JJ Kane on-line auction and GovDeals.com D. Approve utilizing Town of Palm Beach Invitation to Bid #2018-12 with Custom Tree Care for an estimated annual expenditure of $65,000 for tree trimming and pruning services. The Town of Palm Beach's procurement process satisfies the City's competitive bid process. E. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the seven (7) month period ended April 30, 2019. F. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for July 2, 2019- "Request for Extensions and/or Piggybacks." G. Approve the minutes from City Commission meeting held on June 18, 2019. 7. CONSENT BIDS AND PURCHASES OVER $100,000 - None 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO.19-018 - SECOND READING - Approve proposed code language implementing CRA Plan-Group 4 (CDRV 19-003) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions, Article 111. Relationship to Comprehensive Plan, and Article IV. Redevelopment Plans; and (2) Chapter 3. Zoning, Article 111. Zoning Districts and Overlay Zones, to continue implementation of revisions related to modification of the future land use categories and to other recommendations of the Community Redevelopment Plan, including creation of the Cultural District and Boynton Beach Boulevard Overlays and Chapter 4 site development standards, correcting references to overlays. Applicant: City-initiated. B. PROPOSED ORDINANCE NO. 19-019 - SECOND READING - Approve amendments to the Land Development Regulations, Chapter 4, Site Development Standards, creating a new*Article XII entitled "Fertilizer Use Regulations" to create regulations requiring proper application of fertilizer to protect water bodies. Applicant: City-initiated. 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS - None 12. LEGAL A. PROPOSED ORDINANCE NO. 19-020 - FIRST READING -Approve proposed amendments to Part 11, Code of Ordinances, Chapter 10, Article 11, Refuse, Garbage and Trash, Section 10- 30, Rates and charges for City service; allowing rates to be set by resolution of the Commission. Page 4 of 600 B. PROPOSED ORDINANCE NO. 19-021 - FIRST READING - Approving the partial abandonment an 11 ft. by 30 ft. portion of an existing utility easement along Woolbright Road as part of the Wawa project located at Woolbright Road and Congress Avenue. This area will be dedicated as public right of way by Palm Beach County, and the City utilities will be located within the public right of way. C. PROPOSED RESOLUTION NO. R19-070-Approving Reasonable Accommodation Policy PROPOSED RESOLUTION NO. R19-071 -Approving Non-Discrimination Policy 13. FUTURE AGENDA ITEMS A. Department to give brief presentation of their operations Development- July 2019 Library - September 2019 B. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects -Also discuss expedited permitting ordinance. July 16, 2019 C. Vice Mayor Katz has requested to discuss future Dogs on the Beach Events- July 16, 2019 D. Dorothy Jacks, PBC Property Appraiser to address the Commission - August 6, 2019 E. Staff to present updated Social Media Policy - August 20, 2019 F. The Mayor has requested a discussion of possible changes to Seacrest Corridor zoning and land use - TBD 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 5 of 600 1.A. OPENING ITEMS 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Vice Mayor Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 6 of 600 2.A. OTHER 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 7 of 600 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Announce the Budget Workshops for 2019/20 proposed budget: Budget Workshops at Intracoastal Park Clubhouse; Monday, J my 15, 2019 @ 5:00 P.M. Tuesday, July 16, 2019 @ 10:00 A.M. Wednesday, July 17, 2019 @ 2:00 P.M. (If needed) EXPLANATION OF REQUEST: Our FY 2019/2020 Budget process is underway. Proposed Budget Workshops are scheduled to be held July 15-17, 2019 at the Intracoastal Park Clubhouse. Typically the Commission staggers the starting times to accommodate the public's attendance at these workshops. The Commission adopts a Preliminary Fire Assessment Resolution and a Tentative Millage Rate Resolution at these workshops. Based on past Workshops times, staff is recommending the following times: Monday, July 15, 2019: 5:00 p.m. Tuesday, July 16, 2019: 10:00 a.m. Wednesday, July 17, 2019: 2:00 p.m. As a reminder, Tuesday, July 16, 2019 there will also be a regular City Commission meeting at 6:30 pm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 8 of 600 Is this a grant? No Grant Amount: Page 9 of 600 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Announce the Summer Youth Institute Internship Program with Boynton Beach Utilities, Pathway to Prosperity, Genesis Community Health and All Girls United, Inc. Sponsored by Healthier Boynton Beach. EXPLANATION OF REQUEST: Healthier Boynton Beach is a community driven, resident led initiative with a goal to improve the health outcome of family care givers in Boynton Beach. It incorporates a youth component which aims to teach them about the city and other resources that will enable them to become a positive influence on others. The Utility element seeks to teach them job skills and prepare them for work once they graduate school or college. At the outset of the program they received training in life skills, financial literacy, budgeting and resume building. While at the Utility they are able to rotate through various divisions and experience all of the different possible careers within the department. By the end of the program they are also required to complete a community service project that will positively impact caregivers within Boynton Beach. Each participant earns a stipend of$330 bi-weekly which will provide them with up to $1000 by the end of the program. There will be a short presentation about the program by Mr. Ricky Petty the program manager HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 10 of 600 Is this a grant? No Grant Amount: Page 11 of 600 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Announce additional event components the City of Boynton Beach's 4th of July event by Eleanor Krusell, Public Communications & Marketing Director. EXPLANATION OF REQUEST: It's getting close and we are getting excited for this year's 4th of July in#BoyntonBeach. Re-branded as Red, White & Blue with a waterfront view, this year's event will focus on one of Boynton Beach's amenities- our waterfront. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Support services are provided by the Recreation, Public Works, Fire and Police Departments. FISCAL IMPACT: Budgeted The 2019 4th of July was budgeted under Special Events in the General Fund. ALTERNATIVES: Do not make an announcement concerning the City's 4th of July event- Red, White & Blue with a waterfront vi ew. STRATEGIC PLAN: Boynton Beach Branding STRATEGIC PLAN APPLICATION: The City's Red, White & Blue with a waterfront view event will take place at one of the City's premier waterfront parks and include activities that relate to our coastal community. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 12 of 600 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Proclaim July as Recreation and Parks Month. EXPLANATION OF REQUEST: National Recreation & Parks month is scheduled for July. It is a great time to enjoy many of the popular activities that are organized by the Recreation & Parks Department. By making this proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their choice of fun activities and enjoy the benefits derived from quality public recreation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Do not make the proclamation STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 13 of 600 Proclamation WHEREAS, parks and recreation programming enhance our quality of life by contributing to healthy lifestyles, building community, creating economic development and encouraging environmental stewardship. Recreation creates opportunities for people of all ages and cultures to participate in activities that encourage health,education, and social interaction;and WHEREAS, parks and recreation programs boost the economy, enhance property values, attract new business, increase tourism, and reduce crime. Recreation builds family unity,strengthens neighborhood involvement, offers opportunity for social interaction,enhances education,develops creativity,and promotes cultural diversity;and, WHEREAS,parks,trails and open spaces provide encounters in nature,maintenance of clean air,and the protection of plant and animal wildlife. WHEREAS,therapeutic recreation and leisure education are essential to the rehabilitation of individuals who have been ill or disabled;and WHEREAS,Florida recognizes the benefits derived from quality public and private recreation and park resources at the local and state level. The business of parks and recreation boosts the economy,enhances property values,attracts new business,and increases tourism;and WHEREAS,the National Recreation and Park Association and the Florida Recreation and Park Association have designated July as Recreation and Parks Month; NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the month of July Two Thousand Nineteen as: RECREATION AND PARKS MONTH IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach Florida,the 2nd day of July Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Queenester Nieves Deputy City Clerk 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Present Certificate of Completion to Commissioner Christina Romelus for completing the Advanced Institute for Elected Municipal Officials EXPLANATION OF REQUEST: Commissioner Romelus successfully completed a two-day intense work shop provided by the League of Cities University which provides advanced curriculum in elected leadership including: Effective Council Techniques. Decision-Making Models and Media Relations. Growth Management in Florida. Advocacy and lobbying with FLC officers and board members. Advanced Revenue and Finances for Cities. Building Your City's Team: Personnel and Labor Issues. Attendance at the Advanced Institute is indicative of a continued commitment to improving the quality of municipal government in Florida and a commitment to serving the citizens of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 15 of 600 5.A. ADMINISTRATIVE 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. EXPLANATION OF REQUEST: A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other Appointments 7-2-19 D Other Briette, W ilky D Other Trumble-Thomas, Teresa D Other Voce, Cory D Other Young, Sauira Page 16 of 600 APPOINTMENTS AND APPLICANTS FOR JULY 2019 o Building Boardf Adjustimants and Appeals Mayor nt Aft 2 yr term to 12120(2) IKatz Alt 2 yr term to 12119(2) Applicants None Education nAdvisory III Romelus STU 2 yr term to 12119 IV Ponserga STU NV 2 yr term to 12119 Mayor Grant Reg 2 yr term to 12/20 i Katz Alt 2 yr term to 12/10 Applicants Cory Vo —Eligible for Regular Appointment Only(Moveu ) Teresa Trumble-Thomas—Eligible for Regular or Altemste Appointment fly Sri -®Eligible for Regular or Alternate Appointment Shaquira.Young-—Eligible for Regular or Alternate Int HistoriciBoard IV Penserga Alt 2 yr term to 12/20 Applicants None Library r III Romelus Alt 2 yr term to 12/19 Tabled(3) Mayor Grant Alt 2 yr term to 12/20 Applicants None Senior Advisory Board Mayor Grant Alt 2 yr term to IZ20(2) Applicants None Page 17 of 600 '��1\'S;'X11'.NYfNYhnYnNYnNshnYrN,i4i2YN`�5'N=: utYz�:`€S%Nk�tlsa�NS�Nsa�NS�Nsa�NS�Nsa�NS�Nsa�Nltflt;Y54�7�:;N4`acc&iNl1,,,0.k�0%;r�:Y Hrct,fra)n�ettAdakih =-- ,.. 'TM:9 ,,��,�€rvrcr+, �.„, ,� -N� ,nrrrurx-�^r'zna�€o ^zrtu�a�:rr.�envr:.-�.�ss.^. G.t�rr' wilkybriette eor ly 12 r it r.io> Sent Thursday,January 24, 2019 9:53 PM Tow City Clerk Subject: iso Int nt application Today's to01/24/2019 Gander Male Phone number 561-289-3868 Address 404 Villa le EmailBoynton Bomb FL 33435 United States ® 6 com Current occupation or,if Human Reso=cs Manager and Professor retired,prior Educationt rs of Human Resourcest Are you a registered voter? Yes Do you reside Boynton 1 s Do you own/manage a business i i ? No t , if r'ea'r,name of sttse , Are you currently serving on a City board? No Have you served on a CityNO ' board in the past? If"yes",which s) ? Have you ever been ? No convicted If M6 re ,when and where? Advisory Education and Youth Advisory Board QualificationsPersonal t1 ,Im an AdjunctProfessor at Palm Beach State College Resouces Manager. I understand the,importance of education, elementarylevel to coflegettrade school.Better resources and better schools create educated and workingcitizens.As a Human Resource Manager I often we how bard it is tD find qualified candidates for positions here in our community. Page 18 of 600 Professional Memberships Society of Hurna,Resources Management Feel free to uttacb/upload an extra sheet or restune. Certification I,the applicant,hereby cer*that the statements and answers provided herein am true and accurate. I understand that,if appointed, any Use statrinents may be cause for removal from a board. The message has been sent from 22.244.143.250(Unfted States)at 2019-01-24 21:53:24 on!Phone 12® Entry IM 317 Refprrer �bMqApLL-b c .orpJbQa-rds--and-cotetra Ltte—es Form,Host:Am dvisp w-123fqv'mbuIIder.mLnjfoL - 4La�A jy��,ard-Ap�Wntm�ent-A �jlqatLcn Page 19 of 600 2iST+3�'d3kialaA�;�1hti5L.`q�\N� Tr^,,�'}�„°1�e41�Yt�1tt1142A1tt1142�1h°�`tiN�g1"4:�Y5�"�^SN`�,''�S�"�µ� '�}!\y�11%�y��g*,yitg£\@uH`%P�k�3` 1ll�.� �NX3`F�`w'�14"'�ti;.frix .#,#m#;xm#;#R`m4z�1\�li? v`IC„eS#11'h��T#1d!„`1t1d!„`1t1d1#R�1d�+,M'SU®ley„�`,„�@',„��',��',„�W',„�W',„�W',„�W',„�@',�„N1;�WIPi°n$A?,Y11101\�301YtY�Y2E'SSL1"`P42�1tt1142A1tt1142A1tt1R� teresaltumble cnoreply0123formbuildenio> Sent: Tuesday, May 07,2019 11:59 AM To. City Clerk Subject Advisory Board Appointment app[ication Today's date 05/07/2019 Name Teresa Trumble-Thomas Gender Female Phone er 561-262-0771 Address 781 Manatee Bay Dr Boynton Beach FL 33435 United Email teresa.irumble@pbcharterschools.org occupationCurrent or, if Employment Specialist retired,jprior occupation Education .,Mathematical SciencesUniversity 1992 Are you a registeredvoter? Yes resideDo you f i Boynton Beach City f s No limits?business within City Do you own/manage a if 11yes”, a of business: servingAre you currently on a City board? Have you served on a City yes board in the past? If rlyP ”,which (s) o ,and � t Inclusion Advisory 7} Have you r been No convicted ? If"yes",when and where? Advisory o tion and Youth 'soBoard Personal Qualifications 2988 I've worked ool director, staff developer,parent trainer, ° o "o specialist, loy t specialist experienceMy els learners. all academic subjects,students with disabilities,technology, Common Core,and classroom t® In Page 20 of 600 addition, I've trained teachers for the past decade at Summit Montessori Teacher Training Institute in Davit. Currently, I work at SouthTech Academy helping students ages 14-22 finding work experiences in their career field. In this role,I manage the CIrY Facebook page as well as SouthTech Works on Iwtagram. Finally, I am a proud parent of two arnazmg young adults. Professional Memberships American Montessori Society South Florida Special Needs Advisory Coalition(SNAC) Palm Beach County Council for In-Transition Youth(CITY) (Manage ® Facebook page) Association of People Supporting Employment I st(APSE) Feel free to aftach/upload an ex&a sheet or resume. Certification 1,the applicant hereby certify that the statements and answers provided herein are true and accurate, I understand that,if appointed,any false statements may be cause for removal from a board. The message has been sent from 165.161.3.39(United States)at 201"5-07 10:58:45 on Chrome 70Z,3538.110 Entry ID.332 Referrer;hA251L ll-Leach.or gLboards-and-comrnittqes Form Hast:LrtRslawww.l7_1,foriilcLercqLn rrn-583�214 _Board- hjtmg caflon ,�Eo� _Ag[1A1qry ppgL !nk_kppjL_ 2 Page 21 of 600 �S INONE s �111""N, � a� �uu rim a� � S � ¢�1�:�� xi} BEACH u�. w� �� -� ��1 u1 l�F iau4 [ �3 i�&�Uma t a�a� �, a`�, aQ� j'aSS�^aG fain fir��tti,1 '?' �.qo ec �m��°Pm t ,eu`�l 1.i 1 •h`u a l S: k s lni"1fl�r+u )�� f ugitl,t �{��1� rA� �i ��, ��t P�`� pp',, ��, A� � w � �(�((he(spy)'' ,xiy�l��a,�� ;, hti� nr�, 3��,pF,,Xe. � �y(,��i�,m€,� 1 y. �1�44(��46��' Alt),,IA`s), �u!!�U4n��R�t��"`1� .,,4 ��'�'��!Ni��i�� s 4� ��'� ,1��'" ��4 fit,��€��Sm 'i,�1�2�; �' �� ,1ilf;�r Ilil�� S!t e�� 4 ��"��SenraS�� ih�� c: ulkRi��Via�K�� Thank you for r Interest in serving on a Cty advisory board and for taking the Ome to fill . Plem print or type all answers deadly. If Interest Is mqxv-gsedappointment board,selections must be prioritized. If Instructions are not fbIlowed or the application Is not filled out in He entirety,ft form YAII be returned r Clarification. Nam mn -- n, ................ � m....................... ,mmmmmmmmmmmmmmm....... t� 74_.4 Mmmm� —Ph Cution or p or 6cc�M rVI.- you a;LVIsbaned We? N Do you reWdee wMin thenBeach yy �r ' -� Do you $��,eft Y W it 1 Are You currenO/se . Hm you served an a ate board In the,past? f 1 If so, YVhvh Have you ew bw co,-,wkteAfA ey.. W-50, when_- Whew.� ��.m _._............................ym Pleaseindicate which advleDry board you are midng appolnWwL For board IbUng, roquimmrsgs responsibilmes and rwedrig notes and F am paga 3 and 4 attadmd. g �,...m ....„..,� k.....�,....m@� .....»�......�. Ubmiy Board Mt oaf mm....... • r i l eBoard i � � � pAmrd Polke ' ` rn Furl „ice o n o r Board ers&Parks Board mEmplaywsPensbn BoardSenior AdAsmy Board Firefighters' W ' ®rust Fund Goff Co r Advemy Comatttee L,,U[ Rem Preservation rr ,�nnmm�nnnn,nnn, mm..m.............. �� '{' Uzivjs t F Allg do ,8w pp�ry g ftMvr g^((Yryn °`f,.�§�,,,nt g� ,tlhei p?g `�°�yq It'll,$' DINAR Page 24 f 628 Page 22 of 600 What nal quefificaCons do yi. . profession, Il® or m nI dont which you feel wouldcandidate for thisi ins. AM g Fed free-to attach an extra sheet rClerk's Officn, IOD East Boynton Beach Boulevard, City llL Mailing address: P. re I1I I® ox 310, Boynton Beach, FL 33425-0310. It will D icandidates bpenings occur. herein are true and accurate. If appointed,any false statements may be cause r removal from a board. QWWvW 1 ® 1 11-9-16.dm Page 25 f 628 Page 23 of 600 Voce-- waal� 11,�c �o lmx�I I �, a r�(t 16r �I�I►9 f10j �'��.erv�� 5 0kh dill rnc* ft Page 24 of 600 \`t �t •,�rat� t� t\\\\--�\iC\.\ \ \ \ \ \ t t t t t t t t 4):.}1ti UllllUllOU}l\UllllUllllllll411llV\UllllUll111}llll\S4VAAUllllUllllUllllUllllUllllUllllUllllUllllVAA1Ull\}1}1�V1)ll,,,AllllVlllll}UlA\lll➢ovu}vll➢oll➢oll➢oll➢oll➢oll➢oll➢oll➢oll➢oll➢oll➢ollLVOCaSaiDAllliLhllllll\ll1ll91Vd1LV1}VV11 From: youngshaquira1976 <noreply@12.3forrnbuilder.io> Sent Tuesday, May2 ,2 1 1 PM To: City Clerk Subject. Visory Board Appointmentapplication Attachmentr you n su mq_2019.docx Today's 05/21/2019 Name Shaquira.Young Gender Female Phone 561-860-5408 number Address 1229 Viaos l Boynton Beach FL 33426 United States Email y l976@gmail.com Current occupationr, if retired, sr prior occupation Education r e Are you a registered Yes voter? resideDo you within the Boynton 3 Beach City limits?own/manage ai Do you 3 business No within City If"yes", ss Arcyou currently No serving board?Chy i Page 25 of 600 Have you served on a No City board in the past? If"yes",which board(s)and when? Have you ever been No convicted of a crime? If"yes",when and where? Advisory Education and Youth Advisory Board Board Personal I have been an educator with Palm Beach County School District for twenty years. I am Qualffications currently a Transition Specialist within the Special Education Department and I focus on students who have IEPS who are in the age range of 14-22, My educational philosophy is that all children have the right to a free and appropriate education despite any obstacles that they may face, I believe that it takes the support of the community and all school stakeholders to assist students to be successful in the educational setting which will eventually lead them to be successful members of society, Profes$ional Memberships Feel free to attach/upload ..'.!..fi..I..e,..i..d.=4173b8ca6Oc6ae8l47bfc9l�cfb55Od98 an extm sheet ...... ..... . ....................................... or resume, Certification 1,the applicant,hereby certify that the statements and answers provided herein are true and ® I understand that,if appointed, any false statements may be cause for removal from a board, The message has been sent from 9 .242.1 4.122(United states)at 2019-05-2117.31:04 on Chrome 74.0.3729.169 Entry M.,339 Referrer:ftqp&ZLwww.boynton-bPaq.-h o�roardE:-and-cornrnittees Form Host:b=.IZ%, l23formbttflde:.comLform-_583214LAdvlsory-90 arg T ApA _jA Page 26 of 600 SRAQUIRA YOUNG 1229"iia lie Fossi �}' 1 ... u. � . rs � is� � ,! �,rt° : (56I)850-5408 Boynton Beach, Florida 33426 PROFILE d r vAth vastexperiencemodifyinge education curriculum, instructional le er ® , supervision,rigorous driven 'or management;recruitment well community engagement, Tr °o i is with knowledge of graduationrequirements post- secondary options.Experienced Special Education Coordinator with knowledge of federal and state laws governingwell regulating special education and Section 504.Knowledge of effective instructional practices with leadership abilities to coordinate strategies, r ce v a °o s academic subject areas. Effective communicator ` i project and generate a positiveattitude colleagues, s, administrators and executiveleadership. EDUCA Master Y c Educationalr Nova Southeastern `v si , Davie,Florida Bachelor of Science in SpecialEducation CERTIFICATIONS Professional/ y Handicapped K-I SKML HIGHLIGHTS Ability to work with diverse groups Extensive knowledge of IDEA Knowledge of federal t y and state Knowledge f the provisions of Tide ,IL VI and IX Effective communication skills that help coordinateschool staff Experience with developing1 in-service trainings for school staff Experience with disseminating information to school administrators and staff Strong management and record e ills Experience tracking' o °to a budgetc do s for state and federal programs Page 27 of 600 Experienced Inclusion Teacherk-12 grade Experienced ESE and 504 Coordinator PROFESSIONAL EX PERIENCE Palm-Beach County School ° t " l t Tmnsition Specialist Collaborate i ss s, special education teachers and administrators to ensure the needs of the SpecialEducation Train staff and parents on Transitionof the MP Ensure t Individual Education Planst Analyze testing data of Special Collaborate °o to ensure that instructional i gn with students' Individual Education Plans Monitor tin rate of each houseschool in the southern part of the county. Collaborate i agencies and resources * Educate parents and teachers on post-secondaryoptions. Update the database for Graduation Requirements Participate in rocs of new staff Supervisejob trainers Facilitate Individual Educat° t` or students who have reached FAPE Assist in developingr development curriculum Assist with scheduling students in core classes a upon ESE services and diploma opt®o ns Track t rates at assigned high schools Elementary,Boca Raton t Special Education Collaborated ° n teachers to ensureinstructional i with s Individual Plans * Integrated interactive c of classroom for Special Education Facilitated ion Meetings,Eligibility/Ineligibility meetings * Provided Classroom Accommodations to promote learning for Special Students Coordinated Special tion Program Developed, letMonitoreds Developed, o itorc Functional °or Analysis Pla= Facilitated °I c or e® -5h grade Assisted r Q ®nFlorida Standards Assessment Page 28 of 600 * Monitored students in Response to Intervention a Collaborated with service providers * Facilitated and Coordinate Transportation request and needs for Pre-K-51h grade Ensured that Individual Education Plans are in Compliance Updated the data base in TERMS for Pro K-P grade a Title I Liasion a Assisted with scheduling Special Education Students for students Pre K-5fl'gradc * Collaborated with parents,paraprofessionals, special education teachors and administrators to ensure the needs of the Special Education Students are being met. * Community/Parent Liaison 9 Implemented Leveled Literacy Intervention to lowest 25% 9 Monitored discipline for Special Education Students 0 Analyzed testing data of Special Education Students a Scheduled students into classes based upon ESE services Hospital Homebound Teacher August 2011 Palm Beach County School District * Developed and Implemented Lesson Plans * Administered District required assessments * Collaborated with Hospital Homebound Case Manager Collaborated with assigned home school General Education Teacher Facilitated communication vAth parents and coordinate home visits Collaborated with service providers Village Academy School,Delray Beach,Florida August 2009-August 2012 Special Education Teacher I Special Education and 504 Coordinator Developed and Implemented Individual Education Plans Developed and Implemented Behavior Plans Testing Coordinator for grades kindergarten through fifth grade. Special Education Coordinator for grades K-12 Developed and Implemented lessons for students in third grade Scheduled co=es for Special Education Students in Middle and ffigh school * Monitored graduation requirements for Special Education Students in High School * School Base Team Leader for grades K-12 * Facilitated Child Study Team Meetings for grades K-12 Ensured that Individual Education Plans were compliant for K-12 grade Monitored discipline of Special Education Students Coordinated ACT accommodations for Special Education Students Monitored FCAT requirements and waivers for graduation Collaborated with service providers Page 29 of 600 Pine Grove and Plumose SOA,Delray Reach,Florida August 2005 August 2009 Special Education Teacher and Special Educatfon Coordinator a Developed and Implemented Lesson Plans for Special Education Teacher * Facilitated Child Study Meetings a Developed Behavior Plans 0 Five Star Coordinator * School Advisory Council Chairperson Sunrise Park Elementary,Boca Raton,Florida August 2002-August 2005 Pre-K Autism Teacher * Implemented and Developed Lesson Plans * Developed Individual Education Plan Goals Implemented Verbal Behavior Strategies Collaborated with Service Providers Developed Behavior Plans Atlantic Community High School,Delray Beach,Florida August 2000-August 2002 Reading Special Education Teacher Implemented and Developed Lesson Plans for students 9-10"grade Collaborated with General Education Teachers Developed Individual Educational Plan Goals Provided accommodations for assessments Aligned lessons with the state criteria Integrated technology into the classroom Starlight Cove Elementary,Lantana,Florida August 1998-August 2000 Self Contained VE Teacher * Developed and Implemented lesson plans for students in grades 3-5 * Developed Behavior Plans * Developed Individual Education Plan goals REFERENCES Dr.Marline Campbell Principal,Chloee Elementary School Page 30 of 600 Palm Beach County School District Mrs. Renee Elfe PriacipaL Boca Raton Elementary Palm Beach County SchoolDistrict Ms. de in Clemmons Assistant Principal,Lake Worth High School Palm Beach County School District Mm Laura Schultze Transition Planner,Exceptional Student Education Palm Beach County School District Page 31 of 600 6.A. CONSENTAGENDA 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-069- Authorize the City Manager to enter into a three (3) year agreement with The Gehring Group for Insurance Broker Services. The estimated total three (3) cost of$210,000. EXPLANATION OF REQUEST: Contract Term: July 3, 2019 thru July 2, 2022 On May 14, 2019, Procurement Services opened and tabulated three (3) proposals for Insurance Broker Services. The proposals were reviewed by an evaluation committee consisted of representatives from Human Resources and Finance. The committee recommended The Gehring Group based on the evaluation criteria listed in the RFP. The scores are as follows: Gallagher 245 total points Risk Management Associates 262 total points The Gehring Group 268 total points The contract is for three (3) years with two (2) one-year renewals at the same terms and conditions with an increase in cost of 2.5% for each renewal year. The renewal is subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the city. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? To provide insurance broker services for the city. FISCAL IMPACT: Budgeted Funds are budgeted for an annual expenditure of$70,000. ALTERNATIVES: To not approve and seek alternate methods of brokering insurance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 32 of 600 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution approving three (3) year Agreement D Resolution with The Gehring Group for Insurance Broker Services D Agreement Insurance Broker Agreement D Addendum Tabulation Sheet D Addendum Summary of Scores D Addendum Gehring Proposal Page 33 of 600 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A THREE YEAR AGREEMENT WITH 6 THE GEHRING GROUP, INC., OF PALM BEACH GARDENS, 7 FL FOR RFP NO. 017-1710-19/MFD FOR INSURANCE BROKER 8 SERVICES IN THE ESTIMATED TOTAL THREE YEAR COST 9 OF $210,000 FOR THE INITIAL PERIOD COVERING JULY 3, 10 2019 THRU JULY 2, 2022; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, on May 14, 2019 City staff opened and tabulated three (3)proposals 14 to RFP No. 017-1710-19/MFD for Insurance Brokerage Services; and 15 WHEREAS, the proposals were reviewed by the evaluation committee and The 16 Gehring Group is recommended based on the evaluation criteria in the RFP; and 17 WHEREAS, the Agreement is for three (3)years with two (2) one-year renewals 18 with an increase of 2.5% for each renewal year; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon 20 recommendation of staff, deems it to be in the best interest of the citizens and residents to 21 approve and authorize the City Manager to sign an Agreement with The Gehring Group, 22 Inc., of Palm Beach Gardens, FL for RFP No. 017-1710-19/MFD for Insurance Broker 23 Services with an estimate three year cost of$210,000 for the initial period covering July 24 3, 2019 thru July 2, 2022. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 28 as being true and correct and are hereby made a specific part of this Resolution upon 29 adoption. 30 Section 2. The City Commission of the City of Boynton Beach, Florida, S:\CA\RESO\Agreements\Insurance Broker Services (Gehring)-Reso.docx Page 34 of 600 31 hereby approves and authorizes the City Manager to sign a three(3)year Agreement with 32 The Gehring Group, Inc., of Palm Beach Gardens, FL for RFP No. 017-1710-19/MFD for 33 Insurance Broker Services with an estimate three year cost of $210,000 for the initial 34 period covering July 3, 2019 thru July 2, 2022, a copy of the Agreement is attached hereto 35 and incorporated herein as Exhibit"A". 36 Section 3. That this Resolution shall become effective immediately. 37 PASSED AND ADOPTED this day of , 2019. 38 CITY OF BOYNTON BEACH, FLORIDA 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Justin Katz 44 45 Commissioner—Mack McCray 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Ty Penserga 50 51 VOTE 52 ATTEST: 53 54 55 Queenester Nieves 56 Deputy City Clerk 57 58 59 (Corporate Seal) S:\CA\RESO\Agreements\Insurance Broker Services (Gehring)-Reso.docx Page 35 of 600 PROFESSIONAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND INSURANCE BROKER SERVICE THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and The Gehring Group, hereinafter referred to as "the Broker', in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The BROKER is retained by the City to perform BROKER SERVICES in connection with the project designated. 2. SCOPE OF SERVICES. Broker agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Broker to proceed. Broker shall perform all services and provide all work product required pursuant to this Agreement effective April 1, 2014. 4. TERM. This Agreement shall be for a period of three (3) years commencing upon the giving Agreement is executed by the City, with optional renewals for two (2) one-year periods at the discretion of the City based on mutually agreed upon rates. 5. PAYMENT. The Broker shall be paid by the Provider/City for completed work and for services rendered under this Agreement as follows: a. The total contract price, $210,000, shall be the total amount of payment to Broker for services provided under this Agreement for the entire term of the Agreement b. Payment for the work provided by Broker shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Broker shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. c. The Broker may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Broker in the amount approved. d. Final payment of any balance due the Broker of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Broker's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 1 Pagc, Page 36 of 600 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Broker in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Broker shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Broker's endeavors. 7. COMPLIANCE WITH LAWS. Broker shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Broker shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Broker's own employees, or damage to property occasioned by a negligent act, omission or failure of the Broker. 9. INSURANCE. The Broker shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Broker and the City agree that the Broker is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Broker nor any employee of Broker shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Broker, or any employee of Broker. 11. COVENANT AGAINST CONTINGENT FEES. The Broker warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Broker, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Broker, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 2 Page 37 of 600 12. DISCRIMINATION PROHIBITED. The Broker, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Broker shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Broker. b. In the event of the death of a member, partner or officer of the Broker, or any of its supervisory personnel assigned to the project, the surviving members of the Broker hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Broker and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to INSURANCE BROKER shall be sent to the following address: 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. 3 Page 38 of 600 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@BBFL.US 4 Page 39 of 600 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Signature of Authorized Official Printed Name of Authorized Official Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary 5 Page 40 of 600 EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution] 6 Page 41 of 600 EXHIBIT B FEES AND PAYMENTS [Will be inserted prior to execution] Page 42 of 600 O O S 0 q ¢ 2 z n ) . cl ( / j & ( / ( §))\ - \ �\ cl \ / / ! / / / / [ / / \ \ / § /2 \\\\\ \ | !7!a! { \ \_ \ \ \ \ cl ) i - b 2 \ : \ ) ! (§ § / ) { ) - ( U) o o ! > / | ; / | - Of o / ! U) m e § f ( \ \ \/ _ - \ / \ - ) § I : o / / j \ ( \� De \ - § \00 % ) ; - - ![ §r ) / �E C) / § / _ ge z ..w > : ) R ` %! %! §[ / / \ k C, G G / ( [ } /} /§ j) z e § LU LU § \ \ z j > ) \ \ _) \} \ » § [\\ ( \ ) ) ) \ \ } ( / )\ \) )) \ \ \ \ \\ 0 0000 0000 0000 Q o 0 0 0 o O o 0 0 O Q W m r In N co 0)W cm N W 0)0)00 N h Z z O N j a* 0000 OOOO 0000 m U K x 0000 OOOO 0000 LL O Q OOOO 0000 OOOO U LL O U m Q m O D) F ¢ N O ZN 0000 OOOO 0000 = Q 0000 OOOO 0000 ^ M p x O V r LO LO CO M LO V O O LL h N N CO N N N I� N N LO Z O Y p QQNZ a U J W a U F � z W 0 U) 0 Z_ LL Q W UU W OOOO OOOO 0000 OOOO OOOO OOOO z O a Looofv LO ofcoc oofoof U M Nc0 Nc0 MN M c0 Z Z O Zz U) d a r.O LL z J X j w 0 W LL M N O dw ZZZLL � JZzz OU(/) °Q ZQj z=w y 0000 OOO 0000 OOOO z0 0000 OOOO OOOO cn U Lo O Lo O Lo O Lo O OOOOo= UCO coNW co co co O C m U W 00 0 LL F w0 Lo N co O Z w N O O w a z o Q m Q a 0000 O O 00 0000 ,2x Q 0 0 0 0 0 0� 0000 0 0 0 y O 0 Q U N Q Q Q O O CL O r O ,,O^^ 0 V � Q C � C N O` L W 7 C Z W 7 W 7 N L m LL O M Ul LL:gO LL�O E f6 0._L CITY OF BOYNTON BEACH RFP # 017-1710-19/MFD INSURANCE BROKER SERVICES Due Date: Tuesday, May 14, 2019 @ 3:00 PM Submitted by: Rodney Louis, Senior Risk Management Consultant Email: rodney.louis@gehringgroup.com CrE GEHRING GROUP EMPLOYEE BENEFITS I RISK MANAGEMENT 4200 Northcorp Parkway, Suite 185 Palm Beach Gardens, Florida 33410 (561) 626-6797/(800)244-3696 (561) 626-6970—Fax www.gehringgroup.com GERING .'GR0UP Table of Contents Tab 1:Introduction Letter/Statement of Interest...................................................................................3 Tab 2:Statement of Organization/Executive Summary..........................................................................7 Tab 3:Minimum Qualifications&Requirements....................................................................................11 Tab 4:Qualifications/Experience of Proposer.......................................................................................14 Firm History Public Sector Focus & Experience Independent Status Market Relationships Team Structure & Resumes Project Approach Corporate Values &Culture Focus on Client Education Tab 5:Current and Projected Workload.................................................................................................40 Tab 6:Similar Projects/References.......................................................................................................41 Tab7:Cost Proposal ..............................................................................................................................42 Tab8:Submittal Forms..........................................................................................................................43 Proposer Acknowledgment Addenda Acknowledgment Cost Proposal Form Statement of Qualifications Reference Form Anti-Kickback Affidavit Non-Collusion Affidavit Confirmation of Minority Owned Business Confirmation of Drug-Free Workplace Acknowledgment of PBC Inspector General Local Business Status Certification Form Scrutinized Companies Form Schedule of Subconsultants Proof of Insurance Tab9: Exhibits........................................................................................................................................60 Exhibit A...................................................................Available Online Safety Training Courses Exhibit B.........................................................................................2019 P&C Market Outlook Exhibit C..................................................................Sample Claims Analysis Summary Report Exhibit D ............................................................Sample Risk Management Action Timetable Exhibit E........................................................Sample Employee Disaster Assistance Program Exhibit F...................................................................................Sample Site Inspection Report Exhibit G ......................................................................... Risk Management Resource Library (2) GEHRING Enwom,GR0UP Tab 1 : Introduction Letter/ Statement of Interest The Respondent shall provide an introduction letter on corporate letterhead, signed by an authorized representative of the company. The letter should clearly indicate the company name,address and signature. This letter shall provide a brief narrative highlighting the Respondent's proposal. This tab section should not include cost quotations. (3) GERING .'GR0UP — GEHRING Corporate Headquarters 561.626.6797 oh,icc WA4200 Northcorp Parkway,Suite 185 800.244.3696 toll free GROUP Palm Beach Gardens,FL 33410 561.626.6970 fax EMPLOYEE BENEFITS I RISK MANAGEMENT May 13, 2019 City of Boynton Beach Finance/Procurement Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Re: RFP No.017-1710-19-MFD—Insurance Broker Services Dear Evaluation Committee Member: Gehring Group is pleased to provide this proposal in response to the City of Boynton Beach's RFP #017- 1710-19/MFD for Insurance Broker Services. Since 2014, we have diligently served the City in many areas of need for Risk Management, Safety Education, Property & Casualty and Workers' Compensation insurance services. In that time, we have developed an intimate knowledge of the City's operations, a firm understanding of its unique risk philosophies and a strong working relationship with City Staff. We are excited about the opportunity to submit this response for consideration and express our sincere desire to continue our successful relationship with the City of Boynton Beach. Gehring Group has been servicing the Florida Public Sector Community for over 25 years. Through our extensive industry experience as a consultant/broker for over 80 Florida public sector entities' various risk management and insurance programs, we are confident that our firm would continue to offer the City efficiencies and a service standard that would not only meet but exceed the City's expectations. It is important to note that Gehring Group is a completely independent company. We do not have a fund that we or any related entity holds, we do not sell related-party insurance products, and we do not accept awards for the placement of premiums with carriers. This decision to remain independent is in line with our values of integrity and transparency. Our objectivity and unbiased, independent status which has allowed us to become the premier brokerage firm in the state exclusively specializing in public sector, with direct administrative access to multiple public entity trust markets including, The Preferred Governmental Insurance Trust and the Florida Municipal Insurance Trust. Gehring Group's core services have been designed to meet and exceed those requested in the description of Insurance Broker Services outlined in the City of Boynton Beach's RFP#017-1710-19/MFD. We anticipate these services will include but are not limited to:coordinating and/or servicing all lines of the City's property and casualty insurance coverages, risk management valuations, procurement of insurance, monitoring regulatory and compliance issues, continuous examination and review of claims data, and overall risk management and administrative support. Additional considerations are outlined below: (4) GEHRING E®GR0UP Page 48 of 688 Gehring Group specializes in servicing public sector entities with a myriad of exposures. Our comparable client base will provide the City with the benefit of our experience when reviewing responses from all insurance markets and risk services. Asan independent organization,Gehring Group will review all markets and programs on behalf of the City and always represent the City and its interest, not those of the insurance carriers or trusts. Gehring Group has experience with the FEMA recovery process should the City find itself with losses from a catastrophic event. Our first-hand experience and knowledge of FEMA offers efficiencies and maximum recoveries. We prepare, provide and present creative and informative risk management and loss control services and materials that clearly illustrate pertinent information to individuals who are not normally involved in insurance and risk management issues. Gehring Group is unique in that we are public sector specialists, and we have been for 25 years.As a matter of fact, public sector is our sole focus —we oversee, coordinate, design, implement, analyze and service comprehensive insurance programs for public sector organizations. We are fortunate to have built a deep bench of experienced experts, and to have developed resources and carrier/professional relationships, allowing us to provide exceptional insurance consulting services and guidance regarding legislation applying to governmental employers. Gehring Group has enjoyed a successful relationship that has benefited the City since 2014. During this time, Kurt Gehring, CEO and Rodney Louis, Senior Risk Management Consultant, along with the depth of an experienced team, have guided the City proactively in insurance consulting and risk management solutions in order to achieve efficiencies and capitalize on cost saving opportunities. While serving in our capacity as Insurance Consultant and Broker for the City for its property and casualty insurance programs, Gehring Group performed all of the services outlined in the current scope of services while also providing additional proactive solutions and services which have achieved substantial savings to the City, including: • Education and Training City Staff • Online Safety Training Services • Safety and Loss Control Services • Workplace Safety and Liability Assessment& Reporting • Safety Procedure Document Drafting • Secure Wind Insurance Coverage for 100%TIV of Coastal Cities • Risk Management Personnel • Asset Valuation Appraisals • Claims Advocacy Service • Data Analytics and Reporting • Contract Insurance Language Review and Drafting (5) GERING .'GR0UP In summary, Gehring Group meets and exceeds the minimum requirements of the City's RFP, and we are confident that we can provide the City of Boynton Beach with additional value and exceptional services. Our approach to the business as detailed in this proposal, coupled with our industry experience, market relationships and enthusiasm, make us a broker of choice for many public entities. We thank the members of the Evaluation Committee, in advance, for your review and consideration of our comprehensive response, and stand ready to provide any additional clarification or information requested. Sincerely, Kurt G ing, CEO (6) GERING .'GR0UP Tab 2: Statement of Organization / Executive Summary The Respondent shall provide the following information: A. Legal contracting name include any dba. The Gehring Group, Inc. B. State of organization or incorporation. Florida C. Ownership structure of Respondent's company (e.g., Sole Proprietorship, Partnership, Limited Liability Corporation,Corporation). Corporation D. Federal Identification Number. 65-0361295 E. Contact information for Respondent's Corporate headquarters. Address 4200 Northcorp Parkway, Suite 185 City,State,Zip Palm Beach Gardens, FL 33410 Phone (800)244-3696/(561)626-6797 F. Contact information for Respondent's Local office(if any). Address 4200 Northcorp Parkway, Suite 185 City,State,Zip Palm Beach Gardens, FL 33410 Phone (800)244-3696/(561)626-6797 (7) GERING En,wom GR0UP G. List of officers, owners and/or partners or managers of the firm. Include names, business addresses, email addresses and phone numbers. Name Kurt N. Gehring Title Owner, President &Chief Executive Officer—Gehring Group Address 4200 Northcorp Parkway, Suite 185 Address Palm Beach Gardens, FL 33410 E-mail Address kurt.gehring@gehringgroup.com Telephone# (800)244-3696/(561)626-6797 Name Kathleen (Kate) Grangard Title Vice President, Chief Financial Officer& Chief Operating Officer—Gehring Group Address 4200 Northcorp Parkway, Suite 185 Address Palm Beach Gardens, FL 33410 E-mail Address kate.grangard@gehringgroup.com Telephone# (800)244-3696/(561)626-6797 Name Cindy Thompson Title Vice President of Operations—Gehring Group Address 4200 Northcorp Parkway, Suite 185 Address Palm Beach Gardens, FL 33410 E-mail Address cindy.thompson@gehringgroup.com Telephone# (800)244-3696/(561)626-6797 H. Any additional organizational information that Respondent wishes to supply to augment its organizational structure. Gehring Group employs a team approach to ensure that all clients always have an available resource. The following information outlines the Gehring Group team proposed for the City of Boynton Beach. These professionals along with an easily accessible leadership and our corporate philosophy regarding the Gehring Group's team approach provides assurance that our clients have access to experienced professionals who can be reached effortlessly and who can easily access client files to provide prompt resolution and responses to the City's inquiries at all times. Resumes for the service team listed below can be found in Tab 4 below. The proposed service team for the City of Boynton Beach includes the following personnel: Florida Insurance Years of Industry License# Experience President &Chief Executive Officer Kurt Gehring A094973 26 Senior Risk Management Consultant Rodney Louis A158924 21 Risk Analyst Paul DeSilva A066728 31 Claims Advocate Valerie Ensinger W316877 31 Account Manager Thomas Willins, CPIA A286779 31 Safety& Loss Control Officer David Daley, ARM N/A 17 Proof of Florida Insurance Licensing can be verified at https://Iicenseesearch.fldfs.com/. (8) GEHRING Enwom,GR0UP Gehring Group staff is comprised of experienced forward thinkers, with a client-first, focused service approach. We work with your risk management team to anticipate, identify, and mitigate exposures rather than react to them. This approach saves premiums by keeping experience mod rates in check,- and heck;and proactively approaching annual audits with an eye toward accuracy and efficiency. As forward- thinking professionals, our approach is to assist our clients in achieving their goals by being responsive and reactive in the short term, while being strategic thinking for the long term. Our"How Can We Help You" attitude keeps us an involved and fully available resource to our clients on a year-round basis.The staff that will continue to service the City of Boynton Beach personally has extensive experience assisting Public Sector clients including Counties, Cities, Special Taxing Districts, and Constitutional Officers with placing, maintaining, and servicing their risk management programs. Gehring Group's core services have been designed to meet and exceed those requested in the Scope of Services outlined in the RFP. We anticipate these services will include but are not limited to servicing all lines of the City's property and casualty insurance coverages, risk management valuations, procurement of insurance, monitoring regulatory and compliance issues, continuous examination and review of claims data, and overall risk management and administrative support. Additional considerations surrounding our services are outlined below: • Gehring Group specializes in placing insurance for public sector entities. Our comparable municipal client base will provide the City of Boynton Beach with the benefit of our experience when reviewing responses from all insurance markets. As independent brokers, Gehring Group will approach all markets on behalf of the City, and always represent the City of Boynton Beach and your interests, not the insurance carriers or trusts. • Our firm employs risk management and administrative professionals who have worked with and for public entities, allowing us to understand the specialized needs of implementing and managing public risk insurance programs. We understand the purchasing process and the timing of process which may need approval from a governing body, such as a City Commission. • Gehring Group is a leader and proponent of the need for accurate and concise property appraisals and maximum potential loss studies in order to maximize the total amount of insurance purchased. In the event of a catastrophe, this process helps achieve the maximum amount recoverable from any insurer and FEMA. This approach has been proven to be a beneficial approach for our public sector clients. • Gehring Group has experience with the FEMA recovery process should the City find itself with losses from a catastrophic event. This first-hand experience with, and knowledge of, FEMA offers efficiencies and maximum recoveries. • We prepare, provide,and present creative, informative risk management and loss control materials that clearly illustrates pertinent information to individuals who are not normally involved in insurance and risk management issues. I. Contact information for Respondent's Primary representative during this RFP process. Name Cindy Thompson, VP-Operations Phone (800)244-3696/(561)626-6797 E-Mail cindy.thompson@gehringgroup.com Mailing Address 4200 Northcorp Parkway, Suite 185 City,State,Zip Palm Beach Gardens, FL 33410 (9) GEHRING En,wom GR0UP J. Contact information for Respondent's Secondary representative during this RFP process. Name Rodney Louis, Senior Risk Management Consultant Phone (800)244-3696/(561)626-6797 E-Mail Rodney.louis@gehringgroup.com Mailing Address 4200 Northcorp Parkway, Suite 185 City,State,Zip Palm Beach Gardens, FL 33410 K. Briefly summarize any potential conflicts of interest, pending or current litigation relating to the performance of requested insurance broker services in which Respondent is party to. Disclose any circumstance where the conduct of the Respondent is being investigated or has had an adverse determination by any legal or administrative body. There are no potential conflicts of interest, and there is no pending litigation relating to the performance of requested insurance services in which Gehring Group, Inc. is party to. There are no circumstances where the conduct of Gehring Group, Inc. is being investigated or has had an adverse determination by any legal or administrative body. L. Provide details ofany ownership changes to Respondent's organization in the past three years or changes anticipated within six months of the Due Date and Time(e.g., mergers,acquisitions,changes in executive leadership. There have been no ownership changes to Gehring Group, Inc. in the past three years or any changes in ownership anticipated within six months of the due date and time. (10) GERING En,wom GR0UP Tab 3: Minimum Qualifications & Requirements Each respondent shall submit information and documentation requested that confirms it meets the following qualification requirement(s). Failure to meet these minimum qualifications may deem your submittal non- responsive and ineligible for further consideration by the Selection Committee. a. Must be registered with the State of Florida,Division of Corporations to do business in Florida for at least five years. No documentation is required. The City will verfir registration. The Gehring Group, Inc. is a Florida corporation formed on October 6, 1992. b. In order to be considered responsive, the Respondent must be licensed as an insurance broker in the State of Florida. Respondent shall provide documentation of all required licenses, certifications, credentials of privileges and affiliations, curriculum vitae as well as other credentials or information in order to comply with this requirement. Gehring Group, Inc. is licensed as an insurance broker in the State of Florida as evidenced by the Insurance Licenses below. ______________________________________________________________________________________________________________________________________________________________________________________________________________________ p -RTM l" T of FINA, � �` '�� ' ,, GEHPJNG GROUP,E14C. 4200 NORTHCORP PARKWAY STE.185 PALM BEACH GARDENS FL 65036-1795 :agency License-NiTIIaber L08869I Location Plumber-126219 Issued On 0514!2014 Pursuant To Section 626.042 S,Florida Statutes,.Tluis Agency Location Shall Be In The Active Full-Time Charge OfA Licensed And Appointed Agent Holding The Required Agent Licenses To Transact The Lines Of Insurance Being Handled At This Locatimn. Pursmant To Subsection 626.172(4).Florida Stat tes.Eaca Agency Location Must Display The License Prominently In A.Manner That Makes It Clearly Visible To Any Customer Or Potential Customer Who Enters The Agency Location. det3'Atu..a4er GhiefFvaancisY Officer Stare of Florida Cn GERING ®GR0UP FLOREDADEPNT OF Fr�.XNCIAL SERNICES FLORMA IDE MMENT OF MWNCIAL SFRAICES AMWTA70EL GEIMEVG RODATTLOITS Limme,Vmber--109.1973 RLsident lnsuranr License lssue Date Resident bsurance Dense Issm Date '0120-SURPLUS LIKES 03:PM2003 '0214-LIFE INCL VARIABLE ANNU[TY GVWI91913 '0214-LIFE I NCL VARIABLE A14NU17Y 01,12121729 '00240-HE TH OWQ1004 0215-LIFE INCL VARANNWTY 9 HEALTH OV21112;79 -0220-GENERAL LINES(PROP&CAS) W07j'2004 '0258-LEGAL EXPENSE 0410212009 *0216-LIFE 41 18f '0218-LIFE&HEALTH '022D-GENERAL LINES(PROP&CAS) 0207'-1 WO 024D-HEALTH 1 blyQl 19 8 8 '0216-LIFE 111129111988 hu..T CWf11Z=a4QffAV S�dill-A. c. In order to be considered responsive,the Respondent must have experience with Florida municipalities with an annual premium in excess of$250,000.00. Respondent shall provide documentation with RFP submittal. The Gehring Group has been focused on serving Florida municipalities for over 25 years. Public-sector is not merely a division of our company's overall clientele; it is all of our company's clientele! We work with municipalities of all sizes and have many clients whose annual premium exceeds$250,000. Below is a list of just a few such municipalities. Annual Premiums Greater Than$250,000: Florida Municipality Verification Contact Information Boynton Beach, City of Keyla Miller; MillerK@bbfl.us; 561-742-6271 Charlotte County BOCC Janine Hewitt;Janine.Hewitt@charlottecjountyfl= 941-743-1244 Deerfield Beach, City of Dayana Gonzalez; DGonzalez@deerfield-beach.com; 954-480-4485 Dunedin, City of Theresa E. Smalling, PhD.; TSmalling@DunedinFL.Net; 727-298-3042 Wellington, Village of Tanya Quickel; tquickel@wellingtonfl.gov; 561-791-4113 d. In order to be considered responsive, the Respondent must have experience in providing brokerage/consultant services similar to those outlined in the RFP. Respondent shall provide documentation with RFP submittal. Since 2014, Gehring Group has served the City of Boynton Beach in its areas of need with regard to Risk Management, Safety & Loss Control, Education, Property & Casualty and Workers' Compensation insurance procurement. In addition, we have assisted the City with its safety program development, claims advocacy and contract insurance language. Gehring Group has also provided public-sector education and innovation seminars and trainings to further strengthen the knowledge and awareness of insurance, state &federal legislation, risk management, technology and compliance. e. In order to be considered responsive, the respondent must have annual commercial lines premium volume of$1,000,000 or greater. Respondent shall provide documentation with RFP submittal. (12) AIGEHRING Cirm,G R 0 U P Page 56 of 688 Annual Premiums Greater Than$1,000,0 Florida Municipality Verification Contact Information Charlotte County BOCC Janine Hewitt;Janine;Hewitt@charlottecouL t fl. ov; 941-743-1244 Dunedin, City of Theresa E. Smalling, PHD; TSmalling@DunedinFL.Net; 727-298-3042 Sarasota County Sheriff Lisa Kiesel; Lisa.Kiesel@sarasotasheriff.orE; 941-861-4205 Wellington, Village of Tanya Quickel; tquickel@wellingtonfl.gov; 561-791-4113 Gehring Group is Florida's largest public-sector employee benefits and risk management services broker. From that narrow focus of clientele, our current annual commercial lines premium is over $13,500,000. (13) GEHRING En,wom GR0UP Tab 4: Qualifications/ Experience of Proposer 1. The Respondent shall describe its qualifications and demonstrated experience with services of this scale and similar complexity. Firm History Incorporated in 1992, Gehring Group has been providing expert risk management consulting services to Florida public sector � clients for over 25 years and has 5 ;, grown to become one of the most respected insurance and risk 's management consulting agencies in the state. Gehring Group has experienced consistent growth year over year in staff and number of clients. Kurt Gehring remains 100% owner of the firm; therefore, decisions can be made quickly without the layers and red tape inherent in other firms. Gehring Group's philosophy is to provide a full range of superior brokerage and consulting services to each of our clients. We take an innovative, proactive approach to continuously enhance the quality of our performance level beyond industry standards by providing an unparalleled service philosophy and a dedication to protecting the financial assets of our clients. Gehring Group's team of experts strives to become informed of each client's risk philosophies and tolerances and to work diligently to produce the desired results. Our goal is for our clients to realize real dollar savings, while experiencing reductions in risk hazards and exposures through increased communication, awareness and availability of resources. Gehring Group currently employs 72 full-time staff members, five of whom work remotely throughout the state, and specializes in serving the public sector. Currently serving over 100 public sector entities, which encompass over 90% of the Gehring Group's client base, our firm is uniquely qualified in its understanding of public entity issues. Our risk management services include, but are not limited to: • Insurance Policy Marketing and Evaluation • Risk&Safety Assessments/Inspections • Claims Review and Dispute Resolution • Policy Analysis and Comparisons • Program Audit Verification of Assets and Coverages • Claims Administration • RFP Development and Proposal Evaluation • Contract Review and Consultation • Drafting of Policy and Safety Manuals • Loss Control and Safety Services • Claims Experience Rating Management • Council and Board Presentations At Gehring Group, we differentiate ourselves by going beyond traditional boundaries and by designing and managing fully integrated risk management and commercial insurance programs. Gehring Group has many competitive advantages that can add value and enhance the City of Boynton Beach's risk management program overall. (14) GERING En,wom GR0UP Public Sector Focus and Experience Having served over 100 public sector entities in Florida, Gehring Group has significant expertise in servicing all lines of property and casualty coverage for all types of public sector entities. Public Sector is not just a division of our firm — it's all we do. Our team has a comprehensive level of experience in conducting all phases of the procurement process, analysis and recommendation process for all types of insurance funding, whether fully insured or self-insured. Our involvement will be comprehensive as we compile the data for submission to the insurance market and work with the procurement division and risk staff to maintain integrity of the bid process. Our team has vast experience in the solicitation of all types of insurance, and we are confident that acquisition of various competitive options will be accomplished. Since the majority of Gehring Group's client base consists of public entities ourfirm is uniquely qualified in its understanding of public entity issues. We understand the bid process and public record laws while maintaining familiarity with the constantly changing and complex statutes that apply to governmental organizations. This specialized knowledge is especially vital when negotiating renewals and program changes with insurance carriers and insurance consortiums. The experience we offer guarantees that no piece of the risk management puzzle will be missing. Gehring Group's successful experience with public sector entities is further evidenced by the following list of additional clients for whom Gehring Group provides property and casualty consulting services: Current Risk Management Governmental Entity Clients Boynton Beach, City of Martin County BOCC Career Source of Palm Beach County Monroe County BOCC Charlotte County BOCC North Palm Beach, Village of Clerk& Comptroller, Palm Beach County Oviedo, City of Deerfield Beach, City of Palm Beach County Sheriff's Office Dunedin, City of Palm Springs,Village of Jupiter Island, Town of Sarasota County Sheriff's Office Keys Energy Services Tequesta,Village of Lake Park, Town of Venice, City of Mangonia Park, Town of Wellington, Village of Margate, City of West Palm beach Housing Authority Independent Status It is also important to note that Gehring Group does not participate in any provider relationships that would prevent us from acting independently and providing objective advice and guidance. We do not accept indirect compensation such as gifts or trips, and we practice full disclosure relating to all direct and indirect compensation. We are not affiliated with any particular insurance companies, third party administrators or provider networks. We do not have a fund or trust that we or a related entity holds, and we do not sell related third-party insurance products. This decision to remain independent is in line with our values of integrity and transparency. Our deliberate decision to remain unfettered to (15) GEHRING En,wom GR0UP other organizations means that our commitment to that which is in the best interest of the City of Boynton Beach will not waiver nor be influenced by external financial pressures. We make the transparent choice to drive our decisions surrounding expansion, service enhancement, technological development and talent acquisition around what we experience from working through challenges with the public sector. Gehring Group has a longstanding commitment to quality assurance that starts with a team of professionals assigned to each client,ensuring that client requests are responded to thoroughly,timely, and with expertise. Gehring Group continually brings on new talent, and strategically places newly acquired clients to ensure that the client to professional ratio is low, and that the complexity of the client is considered in the process. We have found that our clients' needs have grown as the economy has been burdened, and we have increased our staff to be responsive to these needs. Market Relationships We also have strong market relationships. We have positioned ourselves as the premier public entity service provider and are recognized throughout Florida as the largest public entity brokerage firm. This reputation for objectivity and professionalism has allowed us to develop dynamic working relationships with a vast number of excess and surplus insurance carriers, as well as with the state's admitted insurance carriers and permitted us to become the sole agency in Florida with administrative working access to multiple public entity insurance trusts, including Florida Municipal Insurance Trust and Preferred Governmental Insurance Trust. A relationship with a carrier that involves administrative access means that our agency is allowed to communicate directly with the insurance providers' various administrative divisions. This communication entails the ability to negotiate with, assist to create policy manuscript changes for your client, uncommon to the standard coverage forms usually provided by the carrier, advocate with policy adjusters and provide direction to them on behalf of the member, share reporting and service plans with loss control staff and represent our agency or our clients at exclusive, member-only forums and events, hosted by the trusts. Gehring Group's exclusive administrative access with FMIT has allowed us to negotiate coverages and premiums for our clients, even after initial proposals and coverage terms have been submitted. We have direct access to FMIT's staff and vendors to review and negotiate audit results, claims reserves and underwriting customizations. This relationship involves trust and respect in the itegrity of the members advocate and the knowledge that while the member's interests take precidence, they can rely on our agency to respectfully represent their program to our clients without any preconcieved bias. Gehring Group also enjoys similar administrative access with PGIT as an appointed company allowed to work with its staff members to negotiate, create, and advocate for the best coverage programs that best address our client's operations. Our relationship allows us to receive regularly scheduled updates form adjusters and the ability to discuss and influence important decisions such as claims reserves. The administrative access afforded Gehring Group by both FMIT and PGIT is a mutual collaboration of trust and admiration that creates opportunities for coverage maximization, customization at the most competetive annual cost for our clients. We only work with reputable, financially stable, solvent and highly rated insurance carriers. We take into consideration insurance company A.M. Best ratings in our goal of providing each client with the program that is most in line with the client's philosophy and budgetary constraints. The following is a (16) GERING Enwom,GR0UP list of insurance carriers(markets)to which Gehring Group has access to and with whom Gehring Group has a current relationship: CompanyAM Best AM Best Name of _ Name of Company _ ;Admiral Insurance Company A+ Kemper Corporation A- ................. AIG/National Union Fire Insurance Co A Landmark American Insurance A ;Allied World Assurance Co A Lexington Insurance A Allianz U/W Insurance Co A+ Liberty Surplus Insurance Company A Aliant Property Insurance Program NR Lloyds Of London Companies A American Safety Insurance A Midwest Employers Casualty CO. A+ ;Arch Excess &Surplus Lines Ins A+ Mt. Hawley Insurance A+ Arch Specialty Insurance A+ Mt.Vernon Fire A++ ;Aspen Specialty Insurance A National Fire & Marine A++ Axis Surplus Insurance A+ Nautilus Insurance Company A+ ;Burlington Insurance Co A North American Capacity A+ Catlin Specialty Insurance Co A Northfield Insurance A+ ;Chubb Custom Insurance A++ Nutmeg Insurance Co A Clarendon America Insurance NR Old Republic Union Insurance A ;CNA A One Beacon Property A u Colony Insurance A Pacific Insurance Companies A ;Crum & Forster A Philadelphia Insurance Co A++ Darwin Select Insurance A Princeton Excess &Surplus A+ Endurance American Specialty A QBE Insurance A ....... Essex Insurance Co A RLI Insurance A+ ;Evanston Insurance Co A Rockhill Insurance Co A Fireman's Fund Insurance A RSUI Indemnity A ;First American Specialty Insurance A Safeco Surplus Lines Insurance A First Specialty Insurance Co A St. Paul Surplus Lines Insurance A+ ;Great American E&S Insurance Co A Safety National Insurance Co. A Great American Fidelity A Steadfast Insurance Company A+ ;Gulf Underwriters Insurance A+ Tokio Marine A++ Hallmark Specialty Insurance A Torus Specialty Insurance A u ;Hartford Fire Insurance Co A Travelers Excess and Surplus Ins A+ ....... Hartford Steam Boiler A++ Tudor Insurance Company A+ ;Illinois Union Insurance Co A+ United National Insurance A Indian Harbor Insurance Co A United Specialty Insurance A Ironshore Specialty Insurance A Westchester Surplus Lines A+ Interstate Fire & Casualty A XL Select Insurance Co A ;James River Insurance A- Zurich American Insurance Co A+ ....... ....... ........ ........ ....... ....... ....... ........ ........ ....... ....... ....... ......... (17) GEHRING En,wom GR0UP Team Structure The following includes the proposed service team structure for the City of Boynton Beach. Gehring Group services each client under our team-based approach ensuring accessibility to staff at all times. These professionals, along with an easily accessed upper management staff and our corporate philosophy regarding our team approach, provides assurance that our clients have access to experienced professionals who are aware of, or can easily access their files, to provide resolution and answers continuously. Gehring Group's standard is to return a call promptly, generally within the same day; however, our clients enjoy the ability to always get a message to their service team who may be out of the office either through their cell phones or our administrative assistants. We hold a strong commitment to hiring talented high caliber professionals for our team and remaining on the cutting edge of industry innovation. Gehring Group's service team for the City consists of highly qualified personnel whose resumes include years of consulting for and servicing public sector clients. Your service team includes the following personnel: • Sr. Risk Management Consultant: Rodney Louis • Safety and Loss Control Officer: David Daley • Risk Analyst: Paul DeSilva • Claims Advocate: Valerie Ensinger • Account Manager: Thomas Willins Gehring Group does not employ commissioned producers. Since the creation of our firm, it has been our philosophy to serve our clients through a team of salaried, professional advisors, much the same as other professional services retained by the City, such as attorneys, architects, accountants or actuaries. As public-sector specialists, we understand the need to eliminate any semblance of impropriety and have experienced that our salaried adviser structure eliminates the potential for conflict of interest that may arise from a commissioned producer's personal financial situation and what should be in the best interests of the City. Gehring Group maintains a strong commitment to remain at the forefront of industry trends, new legislation, cutting edge benefits technology tools, and new types of insurance programs offered by insurance companies and third-party administrators to remain ahead of the curve. In fact, members of our qualified team are in high demand for speaking engagements at various HR, risk management and public sector associations meetings and conferences. Our service team organizational structure and team who will manage the project is represented as follows: (18) GEHRING .'GR0UP 1J1 t i a� �x �} rJ n t �1} r� aw At Gehring Group, we rely on our clients to be our references, and insomuch we work toward not only being excellent technicians but also excellent communicators and a valued resource for all their benefits needs. Our staff understands the value of our reputation and the importance of meeting our clients' expectations. We are always communicating not only with our clients, but also internally to ensure that we are on track with meeting client expectations and delivering quality service and expertise to each and every client. Gehring Group meets all minimum requirements as outlined in the City of Boynton Beach's RFP. Our staff members have the required experience in all areas outlined. Engaged, personalized account leadership is paramount to effective long-term client relationships. You will see that our passion for service shines through daily. Resumes for the above service team member professionals for the City of Boynton Beach are included on the following pages: (19) GERING En,wom GR0UP Team Resumes: Executive Staff: Kurt N.Gehring, President&CEO Professional Licenses: Life, Health&Variable Annuity,General Lines Property&Casualty Education: Florida State University Degree: B.S., Marketing Years in Industry:26 years Licensing: 2-20 General Lines(Prop.&Cas.);2-15 Life, Health&Variable Annuity; 1-20 Surplus Lines Florida Insurance License#A094973 Association Memberships:FGFOA, FPHRA, PRIMA,SALGBA, FAC, FASD, FERMA, FPELRA,The Council Kurt Gehring will be the Executive Staff assigned to the City of Boynton Beach. His extensive work over the past 26 years has placed him in direct communication with public sector agencies such as County Commissions, City and City Councils, Municipal Managers and all related bargaining units along with the employee body as a whole. This exposure provides unparalleled practical experience within a learned understanding of the local governmental environment. Mr. Gehring remains at the forefront of the insurance industry by staying up to date on industry trends, compliance issues, and innovative programs being presented by insurance companies and third-party administrators. Kurt founded Gehring Group with the mission of providing clients the highest level of service,exceeding not only industry standards, but also client expectations. Recognizing the inherent challenges in servicing organizations with a large number of employees, various contracting parties and insurance obligations, Gehring Group utilizes a unique, team-based approach customized to meet the specific needs of each client. Each Gehring Group employee makes an unprecedented effort to address each situation both promptly and effectively. The success of Gehring Group is a direct result of this promised and delivered, unparalleled service standard. Kurt is a highly regarded industry expert who is consistently called upon to speak and serve on panels at numerous public-sector conferences; where he consistently receives the highest accolades for his out of the box, engaging, and informative sessions. Senior Risk Management Consultant: Rodney Louis Professional Licenses:General Lines Property&Casualty, Life, Health &Variable Annuities Education: Florida State University Degree: B.S., Finance Years in Industry:21 years Licenses:2-20 General Lines(Prop.&Cas.);2-15 Life, Health&Variable Annuity Florida Insurance License#A158924 Affiliations: Public Risk Management Association; Risk Management Society;The Council Association Memberships:PRIMA, RIMS, FERMA,The Council As the City of Boynton Beach's primary Risk Management Services Advisor, Rodney will serve as the project manager for the City's insurance and risk management program. The City will benefit from Rodney's vast array of experience working with all of our public sector clients, servicing both their insurance and risk management programs. He has strong experience in servicing governmental entities whose risk programs are insured by trusts, layered markets, or a combination of both. (20) GEHRING En,wom GR0UP Rodney Louis, a Florida State Alumni, has been an insurance industry professional since 1997 and is licensed in property, casualty, life and health products. When he joined Gehring Group as an analyst, he brought with him 13 years of industry experience. His broad experience and extensive licensing provide our Gehring Group clients with an invaluable resource to assist in the development and recommendation of comprehensive,competitive risk program. Rodney spent the early part his career working for a national rating firm providing crucial analysis on the stability and creditworthiness of both the insurance and banking markets. Rodney then broadened his scope of the insurance industry by becoming licensed for property and casualty insurance. From 2003-2009, he was a managing partner of a full-service brokerage firm and managed their underwriting, agent development and program analysis divisions. In 2010, Rodneyjoined Gehring Group as a Risk Analyst. In his current position as Sr. Risk Management Consultant, he will coordinate and direct all of your risk services including, the strategic and budget planning analysis as it relates to the City's insurance programs or other risk financing instruments; reporting on loss control and safety procedures; contract language review and negotiation; legislative and market updates; policy manual drafting; claims advocacy; safety& liability site inspections and so much more. Rodney's primary function is to ensure that all necessary steps and procedures are accomplished while remaining involved in the continuity and effective outcome of all processes. In addition, he will work in coordination with our safety and loss control personnel to monitor claim reports in order to anticipate future program costs and to make recommendations regarding utilization patterns as well as providing budget and renewal projections. He will also be available as needed for meetings with decision makers and is available to make presentations to executive staff and boards as required. Rodney's distinctive public-sector knowledge and professional experience is an invaluable asset to our clients providing peace of mind when unexpected needs may arise or as questions or concerns present themselves. Analytical, detailed, and proactive—Rodney is a valuable member to the employer organizations he services. Rodney's public-sector experience includes managing all lines of Property and Casualty coverage for such public-sector entities as the City of Deerfield Beach, Charlotte County Board of County Commissioners, City of Dunedin, Keys Energy Services, Village of Wellington, Monroe County BOCC, City of Boynton Beach and Palm Beach County Sheriff. RiskAnalyst:Paul H. DeSilva Professional Licenses:General Lines Property&Casualty Education: Florida State University Degree: B.S., Finance Years in Industry:31 years Licenses:2-20 General Lines(Prop.&Cas.) Florida Insurance License#A066728 Paul DeSilva will serve as the City of Boynton Beach's Risk Services Analyst. Paul will be responsible for overseeing all aspects of the analytical services functions including compiling all claims and trend data to design relevant reporting, present the City to the insurance market and provide evaluation and recommendations to the City on all lines of property and casualty insurance coverages proposed. Paul will assist Rodney with the marketing, renewal, recommendation and presentation of all risk management and property and casualty insurance programs for the City. In addition, he will work in coordination with our safety and loss control personnel to monitor claim reports in order to anticipate (21) GEHRING Enwom,GR0UP future program costs and to make recommendations regarding utilization patterns as well as providing budget and renewal projections. Paul's services to the City will include but are not limited to: • Evaluation of the City' insurance program • Preparation of insurance specifications • Analyzing bid responses and evaluation of proposals • Provide claims analysis reporting and benchmarking data for insurance program analysis • Contract review and interpretation as necessary or requested Paul DeSilva also graduated from Florida State University and began his Property and Casualty Insurance career in 1987, working as an underwriter for a National Insurance Carrier. Paul then spent almost a decade working as a workers' compensation auditor, with the National Council on Compensation Insurance (NCCI), before becoming a Commercial Insurance Advisor and Managing Partner of a firm in West Palm Beach. Paul's diverse experience in all facets of property and casualty and workers compensation insurance will provide the City with another vastly knowledgeable resource with over 30 years of experience in risk services and analytics. Paul's professionalism, determination and work ethic are desired attributes that help to foster a clear and effective team approach as we endeavor to deliver a proactive culture of safety awareness and an efficient risk management philosophy to our clients. Safety&Loss Control: David Daley,ARM Professional Designation: Associate in Risk Management Education: Florida International University Degree: M.S., Engineering Management Years in Industry: 17 years After graduating with a Master of Science degree, David Daley spent the first 12 years of his career working for major insurance carriers, Liberty Mutual Insurance Company and Amerisure Insurance Company, in Loss Control Engineering. David entered public-sector employment in 2010, working in Loss Control and Risk Management for the City of Pembroke Pines, The School District of Palm Beach County and the City of Miami. David's extensive experience working in Safety, ADA Compliance and Loss Control, both on the inside of major insurance providers and with large public sector entities, makes him a uniquely qualified resource for our clients. One of David's greatest attributes is his affinity for teaching and training others. David is a very talented communicator with the ability to relate to directors and staff alike. Whether working with Public Works, Utilities, Sanitation or Public Safety, David will deliver training and awareness to the City of Boynton Beach that speaks directly to the issues of safety and loss control that are relevant to each of their respective needs. David Daley has been a longtime member of the Risk Management Society and the Public Risk Managers Association, which have repeatedly requested for him to be a guest speaker at their local chapters and annual conferences. David's duties include working with the rest of your Gehring Group team by sharing reports and assessments with account management and analytical staff for use in the renewal process. David also assists clients and staff by attending and participating in safety committee meetings to help identify hazards or training deficiencies which may require unique, specialized training parameters. David conducts liability and safety inspections at client facilities to identify potential exposures and to mitigate potential hazards. Afterward, David will generate a report of the inspection analysis for the (22) GEHRING Enwom,GR0UP benefit of departmental management, which includes actionable recommendations for addressing any areas of concern. Through coordination with outside vendors to include equipment manufacturers/reps, chemical handling specialists, and motor vehicle safety operations, a training program will be developed. David can also work with staff to generate workplace safety manuals. Having access to over 80 public sector entities and public utilities, David can provide proven resource material that may be a used to create a tailored workplace safety program that fits each client's own unique needs and culture. Account Manager: Thomas J.Willins,CPIA Professional Licenses:General Lines Property&Casualty, Life&Health Education: Lynchburg College Degree: B.S., Business Administration Years in Industry:31 years License:License:2-20 General Lines(Prop.&Cas.);2-18 Life&Health Florida Insurance License#A286779 Tom will serve as the primary Account Manager for the City of Boynton Beach for all services related to your property and casualty insurance program. Tom will work with Rodney Louis in the marketing, renewal and recommendation for placement of this coverage, providing services to the City that include but are not limited to: • Complete the review and sign off on policies and endorsements for accuracy. • Manage policy details, provide loss runs and issue certificates of insurance which require contractual or coverage review. • Process client invoices, endorsements, binders, certificates, coverage policies, and audits. • Process monthly installments and direct bill invoices, where necessary. Immediately upon graduation from Lynchburg College, Tom was aggressively pursued by a large Managing General Agency in South Florida where he developed his insurance marketing and program placement skills. Tom has spent 30 years in the commercial insurance industry and brings a wealth of experience in client services and relationship development, having managed several large corporate policy programs while creating a vast network of associates amongst insurance carrier underwriters who know him to be thorough, concise, ethical and reliable while insistently advocating for the betterment of his clients. Tom also has a Certified Professional Insurance Agent designation. Claims Manager: Valerie J. Ensinger Professional Licenses:All Lines Claims Adjuster;General Lines Property&Casualty Education: Palm Beach State College, Legal Career Institute Degree: A.S., Legal Studies Years in Industry:31 years License:2-20 General Lines(Prop.&Cas.);6-20 All Lines Adjuster Florida Insurance License#W316877 Val will serve as the Claims Manager for the City of Boynton Beach for all claim issues involving Liability, Property, Physical Damage and Workers' Compensation. Val will work hand in hand with Rodney and (23) GEHRING Enwom,GR0UP David to promote a culture of safety at the employee level, assist management to process and follow up on open claims and coordinate with adjusters to bring all claims to an expeditious and cost-effective closure. Upon completion of her studies at the Legal Career Institute, located in West Palm Beach, Florida, Val spent the next 22 years of her career in the legal field as a legal secretary, court reporter and law office administrator. In 2001, Val was hired as a Legal Services Coordinator/Insurance Claims Manager for a national restaurant chain where she was responsible for assisting general counsel with the composition, revision and analysis of all legal documents, correspondences and leases. Val also managed the processing, investigation and follow-up of all workers' compensation and liability claims for over 70 restaurants around the country. Val's wealth of experience working with claims adjusters coupled with her deep understanding of nuanced legal composition, provides our clients with a uniquely talented advocate for the resolution of their liability and workers' compensation claims. Project Approach&Methodology Our Risk Services and Marketing Process is the basis for how we do business at Gehring Group. Our procedure begins at the onset of the award of contract. We do not operate under a "cookie cutter" approach;instead,we offer all available resources and timelines to facilitate tailoring a program to meet the needs of the City of Boynton Beach. Gehring Group staff will work closely with the City to ensure this process lines up with the City of Boynton Beach's goals. Our approach and methodology will involve an in-depth assessment of the City/s exposures from four different perspectives. 1. As a risk manager; reviewing asset schedules, reviewing procedures and verifying risk transfer agreements; 2. As an insurance consultant; identifying coverage deficiencies, investigating coverages providing risk financing solutions; 3. As a safety officer;developing training programs and recognizing loss mitigation opportunities; and 4. As a risk analyst; gather historical data, identifying consistent trends and outliers, create analytical reports. (24) GERING .'GR0UP I�i� Ili � f Pre-Renewal Meeting Prior to our annual pre-renewal meeting, we begin to gather and update all pertinent risk financing information from the City. In addition to insurance policy information, we will complete a review of its website, financial statements; conduct a study of its insurance policy language and coverages to determine the exact protections being afforded; we review the City's current employee and safety manuals, vendor contracts and recent interlocal agreements; initiate a City-wide safety and liability assessment; engage in personnel discussions with relevant staff; and analyze current and historical claims experience. We then formulate our assessment of the updated risk exposures and coverage analysis completed from the information gathered. Our risk summary of the City's hazard exposures and the adequacy of its current insurance program is then presented and reviewed with the City's staff in order to confirm expectations and goals. We compare this risk summary to your current insurance coverage to determine any serious or unanticipated gaps that exist; review the retentions and insurance limits; and provide you with our observations and recommendations. We then facilitate an implementation meeting where we will agree upon a timeline of major milestones that will take place up to the placement of the renewal policies. As per the RFP, when we are operating solely in a consulting capacity and are unable to place coverage directly for the City of Boynton Beach, we will communicate the necessary information to the brokers, carriers and trusts who will secure the various insurance product proposals on behalf of the City. Assessment&Recommendation Meeting During our assessment and recommendation meeting with the City750, Gehring Group will provide a risk analysis report and summary of City's hazard exposures and the adequacy of its current insurance program which will be presented and reviewed with City staff in order to confirm expectations (25) GERING En,wom GR0UP and goals. We will compare this risk summary to your current insurance coverage to determine any serious or unanticipated gaps that exist; review the retentions and insurance limits; and provide you with our observations and recommendations. Also, during this meeting, we will provide an annual Property & Casualty Market Outlook (Exhibit B) that can be used as a guide for developing the City's risk transfer procurement strategies moving forward.Gehring Group will update the City on the current insurance market, discuss recent renewal results for similar clients, and various relevant deductible options. Finally, we will assess the City's desires for any particular carrier based on its history with that carrier, specifically relevant industry coverages;the carrier's financial rating, etc. At the heart of Gehring Group's risk management process is our Risk Assessment. Our teams work with our clients to identify, analyze and evaluate, in order to respond to and monitor risk. The following process spans across the entire organization, looking at both opportunities and risks, in the context of identifying strategies that best support the City's goals. k context -- itysts Evaluation Response Understand Find, Comprehend � Compare the Modify the organizational re ngnUe, the mature of results f risk risk'h objectives and describe - the risk and analysis with �. mitigating, arra the risks determine the risk criteria t avoiding, ing, eternal and I , l of risk determine transferring, internal Write a"risk ether the or accepting +enwiirdrunent statement"' Determine risk is the risk that,includes the risk's acceptable ones, potential events, impart and Prioritize rise es'al� ' t iieiihl consequences __ { I ell Monitaiing -Check the status of a risk to identify change from the performance level required or expected Reporting&Communication Inf rrrn and engage in dialogue with stakeholders regarding the current state of ries and their management The risk assessment forms the basis for decision making regarding which risks or opportunities are priorities, what the appropriate response should be and how resources should be allocated to manage the risk or opportunity. While insurance is a key risk management tool that supports public entity service operations, vendor exposures or projects to be financed, there is no "one-size-fits-all" insurance structure that can be applied to every entity. From their unique coverage opportunities to their extremely high values, public entities face a wide range of exposures not regularly seen in the more traditional commercial insurance market. (26) GEHRING .'GR0UP Implementation Plan/Process Upon completion of the Assessment and Recommendation meeting, Gehring Group, together with City staff, will come away with a concise plan for our mutually agreed upon objectives for policy renewal coverages and ongoing services. We will then implement the plan first by portraying, with integrity, the City's unique risk profile for each line of coverage to all available markets and/or brokerage firms. Insurance company underwriters will know that the City's submission will truthfully portray its unique risks and operations in a transparent and easily discernable format. Our ultimate goal is to distinguish the Cityfrom its peers by demonstrating its distinctive risk characteristics. Gehring Group would then move to implement all the annually ongoing risk management, safety and loss control, claims administration and program analysis services that we mutually agree are required to assist the City to establish or maintain a culture of workplace safety and liability claims mitigation. Gehring Group's team of staff and resources will work with the City's Risk Management staff to create customized solutions by identifying opportunities and unidentified key riskfactors. Your Gehring Group team may conduct facility-wide safety and liability inspections and provide actionable assessment reports. Our reports are designed to help the City of Boynton Beach identify the following: • Hazards that threaten buildings, premises, and people • Bodily injury exposures • Recommended improvements that can reduce risk • Internal protection systems, such as automatic sprinkler systems and fire alarms • Conformance of individual business sites to corporate loss control and safety programs With these services we would attend, facilitate or coordinate any regular meetings that the City requires and can be available with limited notice to assist with contract reviews, policy manual review, update or drafting. Renewal Process(Request for Proposal) In order to achieve a successful renewal for our clients, we focus on two specific parts — market solicitation and the evaluation of options. At our Pre-renewal meeting, we will have discussed all available market alternatives, ask for your input and agree upon the carriers that we want to approach based on carrier program specialties and the City's needs. During the proposal process, we review alternative limits, retentions and coverages. We will provide you with regular updates to keep you informed of the process and to maintain the integrity of our pre-determined timelines. Upon Receipt of all carrier proposals, we will assess the results and create an unbiased evaluation of all coverage enhancement or detractions as per the objectives that we pre-determined to be of pertinence for the City. We are aware that our clients want to have a bottom-line comparison of all renewal alternatives, but we also know that they need to be able to recognize details of each quotation. So, our renewal evaluations feature detailed and highlighted coverage comparisons and a full summary of their differences. Our analysis will help you make the most educated renewal decision. Should Gehring Group have the ability to function in the capacity of broker for any insurance coverages, it is important to understand the we do not utilize commissioned producers in our company. All Gehring Group employees are salaried professionals. Therefore, the City of Boynton Beach can be assured that insurance carrier incentives such as commission percentages, policy retention prizes or productivity bonuses will never play a part in our program recommendations. (27) GEHRING En,wom GR0UP Annual Review Annually, at an agreed upon date, the Gehring Group conducts a review meeting designed to evaluate our performance, review the results of your renewal, discuss any new operations or acquisitions you are contemplating, identify new and emerging risks, update you on recent market conditions/trends, and plan our next renewal strategy meeting. We conduct these annual meetings in order to identify opportunities for improvement to our services, to realign the services currently being provided to the City in the event that they are either insufficient or unnecessary to accomplish their goals and to ensure that the Gehring Group and the City are moving forward into the next policy term with the same goals. It is our intent to achieve a shared understanding of the risks that are associated with the City and the joined efforts to construct a plan to bring the greatest value to its insurance program, improve the predictability of its annual budget and increase opportunities for resident services. Upon completion of the development of the City's insurance coverage plan objectives and risk management service needs, the Gehring Group immediately begins to coordinate program meetings and communications in order to commence the service needs of the plans.We will also implement the following renewal timetable: TIMELINE ACTION 150 days prior to renewal City and Gehring Group will come together for a pre-renewal meeting 130 days prior to renewal City and Gehring Group will attend assessment and recommendation meeting 120 days prior to renewal Coordinate the completion of all carrier renewal forms and applications 100 days prior to renewal Submission to the market as directed by plan 90 days prior to renewal Status update to the City, confirm integrity of timelines 75 days prior to renewal Receipt of all renewal proposals and carrier negotiations, if needed 65 days prior to renewal On-site presentation of renewal evaluation of market proposals 60 days prior to renewal Submission of proposals and support documents for Council agenda 45 days prior to renewal Attend any Council/Board meetings per the City's direction 30 days prior to renewal Submit policy bind requests to carriers 25 days prior to renewal Confirm receipt of all binders and generate invoices for City as needed Renewal Date New Plan Year begins 30 days after renewal New policy receipt from carrier and review for coverage accuracy 45 days after renewal Electronic delivery of carrier policies to the City 60 days after renewal Delivery of insurance policies booklet and summary Throughout the risk financing procurement and placement timetable shown above, we will engage in our other ongoing services to the City of Boynton Beach such as, safety and loss control, risk management assessment, risk analysis, claims advocacy, proactive claims management, staff trainings, asset assessments, analytical reporting, contract insurance language reviews, procedural manual drafting and council presentations. Our constant involvement, communication and assistance to the City of Boynton Beach is designed to provide a comprehensive professional staff that supports the City's Risk department. (28) GEHRING En,wom GR0UP At the heart of Gehring Group's risk management process is our Risk Assessment. Our teams work with our clients to identify, analyze and evaluate, in order to respond to and monitor risk. The following process as outlined in the response to Question 4 below, Safety& Loss Control, spans across the entire organization, looking at both opportunities and risks, in the context of identifying strategies that best support the City's goals. At the Gehring Group, we provide our clients with a full 100% spectrum of services and solutions. It is our intention to be involved in assisting the City of Boynton Beach with not only its insurance procurement, but also with its risk management consulting, regular analytical reporting and benchmarking, claims advocacy and loss control services and training Corporate Values and Culture Gehring Group has grown from three employees at its inception in 1992 to over 72 employees today. We have developed a unique corporate culture that has allowed us to attract the best talent available in the marketplace and retain many of these employees for over 10 years. Longstanding tenure amongst our employees ensures that the City of Boynton Beach will receive consistent service that it can count on year to year. Furthermore, we understand that the best way to take care of our clients begins with taking care of our employees. We are proud to announce that Gehring Group was ranked in the Top 10 Best Places to Work in South Florida by the South Florida SOUTH FLORIDA BUSMESS JOURNAL Business Journal for both 2018 and 2019! Being selected for this award «�� is a great tribute to every one of our employees, and a reflection of our �4 corporate culture and of the support we receive from our clients. Gehring Group was also ranked as one of the Top 30 best companies to 1 8 BEST PLACES TO WORK work for in Florida by Florida Trend magazine. Being an honoree for these awards is a great tribute to each and every one of our employees, and a i reflection of our corporate culture as well as a reflection of the support BEST we received from our clients. Ito OMPANNES TO WORK FOR IN FLORIDA 4 ti i a r r a31,: South Florida Business Journal-Best Places to Work 2018 Finalists Luncheon (29) GERING .''GR0UP We strive to create value for our clients in everything we do by aligning our corporate culture and values with the unique needs and goals of our clients. Inherent in our corporate culture,Gehring Group has 30 Keys to Our Collective Success that focus on: ✓ Fanaticism around culture, values, and principles ✓ An unfailing commitment to people ✓ Rigorous attention to detail and execution, and ✓ Flexibility, creativity and determination to transcend the status quo. Supporting our clients' and communities' needs is a fundamental objective and inherent in our culture. Through our Helping Hands and Hearts community service committee, our staff provides hands on service in the community including assisting programs run by our clients such as Paint Your Heart Out through Solid Waste Authority, building homes with HabitatforHumanity, supporting the initiatives of The Lord's Place in ending homelessness, and fundraising for ARC of Palm Beach County. . ,0 { UiS�,�n �p x r r t t6dyit�(t aS3 n � ��ay s al a mn f 04 J khp I m 1 t ` 1 GEHRING _ �� GROU -N,a v N 1 d ( ^� ek ti /sA4I.l t l i )1 1 S ,.t 2019 Paint Your Heart Out Community Outreach-Street Beat,Inc.,South Bay,FL (30) GERING .''GR0UP Expect a, Full Spectrum of Gehring Group P&C Solutions ,pHan3 - Ct-urr or SOILII,&"'!,'-, C'4 BDT', Of' �',,EaCh, r,ronn, c ,,n-, c,,-,'D CCO11 "1 ,U'fa [ vc , �-Dn, rcr,-Mcfi� � 'uH --,P L., W� -1, i,i',,d e rL-,t rnd the char[,e!-"ge,- Public EntP7ie5 face k-ove yG,�re as',.e,,d to tllake t..1 mc,H-e.tharevef, a .pa't 11- 1 e fr,n� -.i b rk.kef-e X'DE,C t 0 U I-f 1.) -S-ple c trun, .f' Lfl0 lti Public Sector Benchmarking Risk Summaries Return to Work Pro ram s Claims Reduction &Management Fraud Reduction Program Disaster Recovery P I a n n i n g MI. ...... Federal/State C=pliance �ttFMC-9A XuV!I,I,,,I,K,,,',�� DCII FEMA GHS Compliance Employee Safety Manual Workplace Posters On I i ne Safety Training Employee Nawsletters &Vidws Quote Insurance Programs Cla ms Bi I I i n g Assista n ce ns Ura ncf2 N egot i ate Ren evd a I Gi U d 2,1 r-1 e, Comirnu n i catio n Plan Comparison CoveFage & Policy Expertise Application Submission i y p a I S ry i-- s f r 11 B TZ D BreF.,,N,avvav h-"r-,th,', the htionabrok-r. D,se r4 m -,J r t a L o, �i,r,,� Warsane., r-row,', �tfn 5 :ob.,,New e�r.r.,,,osun Hue E,v'f A Page 75 of 600 Focus on Client Education Each Spring, Gehring Group hosts a Public-Sector Insurance Education, N Innovation and Excellence Summit in Palm Beach Gardens, FL, where our m public-sector clients are invited to attend various training sessions on Leadership, Wellness, Legislative and i f Compliance Updates, Innovation and Trends in Employee Benefits and Risk gyp. Management. The Summit is free of charge to our clients and includes hotel AY V4gyf accommodations! 1t G F H K 1 G V7 f AII eM Fiq YEE 6€fq e61Y3�itXSK MAN�ii� �\ f�{4f � (7� 'R" 1} Asn cs.r�,,mui rely on rhe public4 t� on G"Orl g N�r - Rskm �!r �fiutasi: � 5nl�iGfl Ss �_ IM1 � 5 I z e 1 l IT I : j '1 ''`ni fi fi ri fi-� fi fi ri fi ri fi-� fi fi ri fi During our 2019 Client Summit, we educated our public sector clients on the specific language addressing the First Responder PTSD bill, what is expected of employers and the resources available to help satisfy the statutory education requirements. We conducted a roundtable where agencies and municipalities from around the state were able to discuss their most pressing concerns about the new legislation and collaborate around available solutions. Further, we continue to inform our clients throughout the year of any legislative updates regarding the PTSD bill or any other statutory changes through our email newsletters and alerts(see following page for original Gehring Group Alert on Florida First Responders PTSD). (31) GERING .'GR0UP I k C GEHRING 7-AGROUP On October 1, 2018, Florida's new first responder PTSD legislation will take effect. CLICK HERE for a copyf the legislation. As required i the legislation. the Florida Department ref Financial Services (FL FS) i responsible for defining the qualifying agent condition referred to as "Grievous ilk harm f a nature that shocks the conscience"'. During their first workshop this August., the FL .FS released its first draft of conditions that it is soliciting for inclusion. See below or CLICK HERE to read the original draft. ...t rLL purposes of determining the comp ns bilit f rapt t?i,ent-r i t d post-traumatic stress disorder for firstresponders. the f6flowing, injuries qualify as grievous bodily charm of a nature that shocks the conscience when Me result is gross personaf disfigurement or protracted loss of a dodda.member or organ-, Amputation (full orpartial) Infection AsphyxiationMultiple lacerations, Burn a Pcionin Crushing Puncture • Electric ShockRadiation Enucleation 9 Rupture Freezing r nc While these conditions, are only part of the first daft., they do provide insight into the process and direction the FLDFS is ging in developing its criteria_. There is another workshop scheduled for some time in the Fall, either late October or early November, (32) GERING Cirm,GR0UP 2. The Respondent shall describe its most flexible interest free payment schedules. The Gehring Group will work to accommodate the most convenient and flexible fee payment schedule that benefits the City of Boynton Beach. Whether monthly billing, quarterly billing or some other type of fiscal budgetary arrangement makes the most sense, we endeavor to make the process as suitable and effortless as possible. 3. Describe your knowledge and experience in risk management and insurance through membership and active participation in Florida Chapters of the Risk and Insurance Management Society (RIMS) and/or Public Risk Management Association(PRIMA). The Gehring Group and its individual staff have been continuous members of Florida PRIMA and even serve on the board of specific Chapters. As public sector specific insurance and risk management subject matter experts, we have answered repeated requests to present as guest speakers at various Florida PRIMA Conferences, over the years. The Gehring Group has also been an annual exhibitor and sponsor at the Florida PRIMA Conferences and at local chapter meetings. 4. Describe how you will provide loss control/safety assistance. Provide information about your loss control programs,staff qualifications and applicable cost, if additional. Safety&Loss Control Gehring Group currently provides the City of Boynton Beach with internal loss engineering through the experienced team efforts of your Safety& Loss Control Officer. David Daley currently works as the City of Boynton ,s- t Beach's Safety & Loss Control Officer. After graduating with a Master of Sciences degree, David Daley spent the first 12 years of his career working 2� for major insurance carriers, Liberty Mutual �4 Insurance Company and Amerisure Insurance Company, in Loss Control Engineering. David entered public sector employment in 2010,working in Loss Control and Risk Management for the City of Pembroke Pines, The School District of Palm Beach , County and the City of Miami. David's extensive experience working in Safety, ADA Compliance and Loss Control, both on the inside of major insurance providers and with large public sector entities, makes him a uniquely qualified resource for the City of Boynton Beach. Your team has worked to tailor solutions that empowers the City of Boynton Beach to effectively reduce risk and maintain business continuity. We conduct an assessment involving occupancy, natural disaster and security hazards that will help you to build an effective internal loss prevention program to protect your employees, the general public and your operations. Some of our solutions for assessing and managing losses include: • Authorized inspection and assessments (33) GERING En,wom GR0UP • Project planning and design review • Fire protection planning and review • Provide written loss control policies and procedure templates • Provide loss control training and education to management and supervisory staff(Online Training Course Catalog (Exhibit A) • Update loss control programs as necessary • Act as liaison to loss control inspections with outside examiners • Provide written safety procedure templates as requested • Provide safety training and education to supervisors and employees • Conduct regular departmental safety meetings as required Gehring Group loss control services assist the City of Boynton Beach in cutting costs and safeguarding against liability exposures and employee injuries with an effective loss control action plan. Comprehensive Supe of Riskana a e t Services®Lost Control&Safety Assistance Gehring Group provides risk management consulting services and employs risk management and administrative professionals that specialize in implementing and managing risk insurance programs. We understand the unique needs of our public sector clients and do not provide cookie cutter solutions. In our experience, the best way to manage a property and liability insurance program is comprehensively and proactively. The evaluation of a client's insurance program entails a balance between the desired limits of risk and the cost to insure against these risks. Gehring Group's team of staff and resources can create customized risk management solutions by identifying opportunities and key risk factors. We remain involved with our clients on a year-round basis, not only at renewal time. We perceive our commitment to be an ongoing extension of the City of Boynton Beach's risk management team. This hands-on approach enhances our ability to address the specific needs of each of our clients by becoming more familiar with the client's staff, properties, and assets, thus enabling us to provide the most efficient recommendations regarding their risk management program. (34) GERING .'GR0UP • 'KER'S COMPENSATION INJURY MANAGEMENT ❑ Assist with establishing written policies and procedures for work place injuries ❑ Assist with establishing incident and injury reporting procedures ❑ Provide training and education to supervisors and employees regarding workers' compensation procedures and statutory requirements ❑ Work with medical providers to implement consistent treatment and reporting policies ❑ Provide service to assist management with initial claim assessment ❑ Review injuries within forty-eight(48) hours of occurrence upon request ❑ Assist with establishing written policy and assignment of"light duty' ❑ Act as liaison to adjuster to review treatment, MMI assessment and release to "full duty" ❑ Assist in open claims review meetings with carrier or Third-Party Administrator to ensure efficient and expeditious resolution. LEGAL ADMINISTRATION SUPPORT ❑ Assist in production of records to claimant counsel ❑ Act as liaison to claimant attorney and carrier assigned counsel as needed ❑ Assist with mediation following through to claim settlement as needed SAFETY PROGRAMS ❑ Provide written safety procedure templates as requested ❑ Provide safety training and education to supervisors &employees ❑ Conduct monthly/quarterly departmental safety meetings as required ❑ Provide literature and topics for monthly safety meetings ❑ Assist with updating safety programs as necessary ❑ Participate and assist with on-site safety inspections ❑ Act as liaison to safety/loss control inspections with outside examiners ❑ Provide research and recommendations regarding safety incentive programs ❑ Write safety incentive program and present to management ❑ Implement safety incentive program ANALYTICAL SERVICES ❑ Produce annual audit, based on actual payroll and exposure ❑ Provide projected workers' compensation costs for budgetary purposes ❑ Review quarterly losses and aid in the assessment of reserves with adjuster as necessary ❑ Produce RFP for workers' compensation coverage ❑ Evaluate RFP submittals consistent with the needs of the City ❑ Prepare final written recommendation for coverage ❑ Present evaluation recommendation to management and staff (35) GERING .'GR0UP PROPERTY, LIABILITY CLAIM AND LOSS MANAGEMENT ❑ Assist with establishing written policies and procedures for losses, incident investigations, accidents and liability claims ❑ Assist with establishing property loss, incident and accident reporting procedures ❑ Provide training and education to management regarding reporting procedures ❑ Work with adjusters, appraisers and investigators to research and assess claims ❑ Provide service to assist management with initial claim and loss assessment ❑ Review accidents and incidents within forty-eight(48) hours of occurrence upon request ❑ Assist in claim filing and notification to carrier ❑ Act as liaison to adjuster to facilitate closing of claim ❑ Assist with open claims review meetings with carrier or TPA to ensure expeditious resolution LEGAL ADMINISTRATION SUPPORT ❑ Assist in production of records to claimant/plaintiff counsel ❑ Act as liaison to claimant/plaintiff attorney and carrier assigned counsel as needed ❑ Assist with compilation of Requests to Produce ❑ Assist with mediation following through to claim settlement LOSS CONTROL PROGRAMS ❑ Provide written loss control policies and procedure templates ❑ Provide loss control training and education to management and supervisory staff ❑ Update loss control programs as necessary ❑ Participate and assist with on-site loss control inspections ❑ Act as liaison to loss control inspections with outside examiners ANALYTICAL SERVICES ❑ Assist with production of annual audit, based on actual budget, schedules and exposure ❑ Provide projected coverage costs for budgetary purposes ❑ Review quarterly losses and assess reserves with adjuster as necessary ❑ Assist with annual property appraisals ❑ Review contracts for coverage sufficiency ❑ Assist with compilation of property schedules ❑ Produce RFP for property, casualty and liability coverage ❑ Evaluate RFP submittals consistent with the needs of the City ❑ Prepare final written recommendation for coverage ❑ Present evaluation recommendation to staff EDUCATIONCLIENT ❑ Client attendance at Gehring Group Public Sector Insurance, Education and Excellence Summit ❑ Client networking and roundtable discussions ❑ Onsite/offsite training, seminars and other education opportunities (36) GERING .'GR0UP Additional Services Claims Advocacy Gehring Group has claims administration professionals on staff to advocate for our clients with the insurance carriers and their adjusting staff to monitor and reduce the cost and severity ofyour liability, property, workers' compensation and auto claims. Working in concert with you, we get involved immediately and advocate for you through the entire process until the claim has closed. You can take comfort in knowing you'll be working with someone who has an in-depth understanding of the claims process and can help you navigate through the unique complexities related to your loss.And with our long-standing relationships with the nation's leading carriers ang Governmental Trusts, you can count on us to be a liaison for the City of Boynton Beach, ensuring things happen promptly and efficiently. Our Claims Advocacy Management services include but are not limited to: • Work with adjusters, appraisers and investigators to research and assess accidents and claims • Provide service to assist management with initial claim and loss assessment • Review losses, accidents and incidents within forty-eight (48) hours of occurrence upon request • Assist in claim filing and notification to carrier • Act as liaison to adjuster to facilitate closing of claim • Assist with restitution recoveries and in-house subrogation • Act as liaison to claimant/plaintiff attorney and carrier assigned counsel as needed Risk Analytics Risk Analytics delivers insight into our customers current practices and safety culture and is a valuable tool to help improve processes and reduce the overall cost of risk. Gehring Group employs an on-staff Risk Analyst who can review all claims and procedural data trends for the City of Boynton Beach and compare it to past performance or against industry standard. Whether we are working with brokers, insurance carriers or adjusters, our goal with risk analytics is to continuously optimize our customer's data focus, provide consistency across key touch points and deliver greater visibility and insight about trends and exposures. Our analytical reporting will help our clients: • Identify and understand factors and trends driving losses • Gain insights into ways to reduce accidents and injuries • Reduce lost productivity, cash flow and profits • Achieve greater control over the total cost of risk • Identify important risks and/or mitigation opportunities Risk Management Consulting Gehring Group employs a Risk Management Consultant(RMC) on staff with actual hands on experience as a Risk Manager for a local Florida county. Having spent time sitting in the seat of a large governmental entity, managing the risk exposure of many different areas such as public utilities, law (37) GERING En,wom GR0UP enforcement and fire protection, sanitation, aviation and much more, our RMC is the ideal candidate to guide and mentor newly appointed risk managers with very little or no prior experience. The RMC can also provide the following assistance: • Implement policies and conduct trainings that help reduce overall risk • Propose possible solutions/programs/protocols for minimizing risk and liability • Develop and administer risk management and loss prevention programs • Researches and reports on the most cost-effective plans to minimize asset liability. • Assist with investigation of any incidences that may result in asset loss • Creating business continuity plans to limit risks • Conducting policy and compliance audits, which includes liaising with internal and external auditors Value-Added Services Gehring Group is very proud to be able to provide a solution to an exceptionally unique public sector need. One of our clients' greatest concerns has been the need to have its emergency responders, public works, maintenance and key emergency operations staff available to assist with to re-engaging services, safely re-opening accessways and addressing public safety in the aftermath of a disaster. But how can an employee, also affected by the same disaster event, feel at ease abandoning their own loved ones and property during what may be their greatest time of need. Gehring Group has the ability to provide a solution through our Employee Disaster Recovery Program (Exhibit E). This additional voluntary service will provide all participating employees with access to an insurance claims professional who will coordinate all recovery matters with their respective insurance carriers while allowing them to remain at work in the City of Boynton Beach. The City will have confidence knowing that key personnel will be focused on the City's needs in the aftermath of a disaster. The program can also provide relief items to the City's employees, such as onsite generator-powered ATM machines, emergency fueling, meal services for their families and even temporary housing options. We realize your most important asset is your employees, and we have the solution to help provide them and the City of Boynton Beach with peace of mind in troubled times. 5. Licensed as an insurance broker in the State of Florida. Gehring Group, Inc. is licensed as an insurance broker in the State of Florida as evidenced by the Insurance License in Tab 3,Section b.above. 6. Five years of experience as a business. Incorporated in 1992, Gehring Group has been providing expert risk management consulting services to Florida public sector clients for over 25 years and has grown to become one of the most respected insurance and risk management consulting agencies in the state. (38) GE Rf NG .'GR0UP 7. Experience with Florida municipalities with an annual premium in excess of$250,000. The Gehring Group has been focused on serving Florida municipalities for over 25 years. Public-sector is not merely a division of our company's overall clientele; it is all of our company's clientele! We work with municipalities of all sizes and have many clients whose annual premium exceeds$250,000. Below is a list of just a few such municipalities. 8. Annual commercial lines premium volume of$1,000,000 or greater. Gehring Group is Florida's largest public-sector employee benefits and risk management services broker. From that narrow focus of clientele, our current annual commercial lines premium is over $13,500,000. (39) GERING En,wom GR0UP Tab 5: Current & Projected Workload 1. Describe your current and projected workload. Gehring Group provides a comprehensive level of risk management consulting and insurance program services to all its property and casualty clients. These services are year-round and continuous within the plan year cycle, noting that plan year start dates may vary among clients. We do not impose project fees and do not have limits on the number of onsite visits to clients. We also do not charge extra for facilitating the market RFP processes as not to inhibit clients from bidding to ensure they are receiving the most competitive options. Proposed Team Current&Projected Public Entity Workload Florida Municipality Complexity(1-9) Boynton Beach, City of 6 CareerSource Palm Beach County 1 Charlotte County BOCC 8 Deerfield Beach, City of 5 Dunedin, City of 6 Greenacres, City of 4 Jupiter Island, Town of 4 Keys Energy Services 5 Lake Park, Town of 3 Mangonia Park, Town of 1 Margate, City of 4 Monroe County BOCC 4 North Palm Beach, Village of 4 Palm Beach County Sheriff 7 Palm Springs,Village of 5 Sarasota County Sheriff 8 Tequesta, Village of 4 Wellington, Village of 6 West Palm Beach Housing Authority 2 Venice, City of 5 (40) GEHRING En,wom GR0UP Tab 6: Similar Projects / References 1. Provide at least three(3) references from at least three(3)governmental agencies(or regional districts) in the state of Florida for whom you have provided insurance brokerage services for. Please include the name of the agency,contact name,telephone,fax and email address. Village of Wellington Charlotte County Board of County 12300 Forest Hill Boulevard Commissioners Wellington, Florida 33414 18500 Murdock Circle, Room 140 Tel: (561) 791-4113 Port Charlotte, Florida 33948 Fax:(561) 791-4045 Tel: (941) 743-1260 Tanya Quickel, Chief Financial Officer Fax:(941) 743-1989 Email: tquickel@wellingtonfl.gov Janine Hewitt, Risk/Benefits Coordinator Email:janine.hewitt@charlottecountyfl.gov City of Deerfield Beach City of Dunedin 150 N.E. 2nd Avenue 750 Milwaukee Avenue Deerfield Beach, Florida 33441 Dunedin, Florida 34698 Tel: (954) 480-4260 Tel: (727) 298-3042 Fax:(954) 420-5567 Fax:(727) 298-3052 Amanda Robin, Human Resources Director Theresa Smalling, Ph.D Email: arobin@deerfield-beach.com Director- Human Resources & Risk Mgmt. Email:TSmalling@DunedinFL.Net Gehring Group's successful experience with public sector entities is further evidenced by the list of current public sector clients provided in Tab 4. We also invite the City to view our client testimonials at www.gehringgroup.com (scroll down to bottom of web page). (41) GEHRING .'GR0UP Tab 7: Cost Proposal The City of Boynton Beach requests that the firms interested in responding complete the Cost Proposal Form attached herein. Provide a monthly fee amount and an annual amount for the proposed services outlined in the Scope of Work. Please include all expenses in the monthly/annual amounts. Annual Fee Since 2014/2015 (5 years) Gehring Group provided it services the City of Boynton Beach under an annual fee agreement of $60,000. In our efforts to always provide the most comprehensive and innovative services to the City, while retaining your professional team of subject matter experts and leaders in their areas of focus, we propose the following annual fees. Services • • Insurance&Risk Management Services—Year 1 $70,000.00 $5,833.33 Insurance&Risk Management Services—Year 2 $70,000.00 $5,833.33 Insurance&Risk Management Services—Year 3 $70,000.00 $5,833.33 Insurance&Risk Management Services—Optional Year 4(add 2.5%) $71,750.00 $5,979,16 Insurance&Risk Management Services—Optional Year 5(add 2.5%) $73,543.75 $6,128.64 Additional Fees/Costs The Employee Disaster Relief Assistance Program is a valuable additional service that we are proud to be in a unique position to provide to our clients. The public-sector is our emphasized focus. Therefore, this persistence to always create ways to fill needs for our clients, drove us to finding and delivering this valuable solution to a genuine concern. This voluntary service is offered to the City of Boynton Beach on a per employee/per annum cost as follows: Employee Disaster assistance Program Employee Disaster RecoveryAssistance Program $50 Per Employee/Per Year (42) GERING Enwom,GR0UP Tab 8: Submittal Forms Q Proposer Acknowledgment Q Addenda Acknowledgment Q Cost Proposal Form Q Statement of Qualifications Q References Form Q Anti-Kickback Affidavit Q Non-Collusion Affidavit Q Confirmation of Minority Owned Business Q Confirmation of Drug-Free Workplace Q Acknowledgment of PBC Inspector General Q Local Business Status Certification Form Q Scrutinized Companies Form Q Schedule of Subconsultants Q Proof of Insurance (43) GERING .'GR0UP REQUEST FOR PROPOSALS FOR INSURANCE BROKER SERVICES RFP No.: 017-1710-19/MFD PROPOSER ACKNOWLEDGEMENT Submit RFP's to: PROCUREMENT SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 RFP Title: INSURANCE BROKER SERVICES RFP Number: 017-1710-19/MFD RFP Received by: May 14, 2019, NO LATER THAN 3:00 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: May 14, 2019, NO LATER THAN 3:00 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional: The Gehring Group, Inc. Federal I.D. Number: 65-0361295 A Corporation of the State of: Florida Area Code: (561) Telephone Number: 626-6797 l (800)244-3696 Area Code: (561) FAX Number: 626-6970 Mailing Address: 4200 Northcorp Parkway, Suite 185 City/State/Zip: Patin Beach Gardens, Florida 33410 E-mail Address: cindy.thompson@gehringgroup.com rodney.louis@gehringgroup.com Autho' rtz-e-krsignatur Kurt N. Gehring Name Typed President and CEO THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 23 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 89 of 600 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "INSURANCE BROKER SERVICES" RFP NO.: 017-1710-19/MFD DATE SUBMITTED: May 14, 2019 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE April 30, 2019 ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 90 of 600 REQUEST FOR PROPOSALS FOR INSURANCE BROKER SERVICES RFP No.: 017-1710-19/MFD COST PROPOSAL FORM Proposers must use this form for submitting its Cost Proposal. The price shall be fixed and firm and should be fully burdened to include all necessary elements such as but not limited to salary, general administrative expenses, travel, mileage, overhead and fee/profit needed to perform all of the services described under this solicitation. ITEM QTY UNIT OF DESCRIPTION MONTHLY ANNUAL MEASURE COST COST Years 1 - 3 Years 1-3 1. 12 MONTHS Fixed, flat fee for Insurance Broker $ 5,833.33 $ 70,000.00 Services TOTAL ANNUAL FEE: $ 70,000 (Years 1-3) *Years 4-5 see below *Insurance &Risk Management Services - Optional Year (add 2.5`, ) $71,750.00 $5,979,16 *Insurance &Risk Management Services - Optional Year 5 (a 2.",o) $73543 $6,125,64 The Gehring Group, Inc. COMPANY NAME AUTHORIZED'S1 NATURE 561 X626-6797 / (800)244-3696 Kurt Gehring TELEPHONE NO. PRINTED NAME cindy.thompson@gehringgroup.com President and Chief Executive Officer E-MAIL ADDRESS TITLE rodneylouis@gehringgroup.com May 10, 2019 DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 25 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 91 of 600 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: The Gehring Group, Inc. 2. Business Address: 4200 Northcorp Parkway, Suite 185 Palm Beach Gardens, Florida 33410 3. When Organized: October 6, 1992 4. Where Incorporated: State of Florida 5. How many years have you been engaged in business under the present firm name? 26 years 6. General character of work performed by your company. Insurance brokerage services &consulting for property, casualty and workers compensation insurance, risk management services,workplace safety and loss control services. (Please refer to Tab 4 for more detailed information.) 7. Enclose evidence of possession of required licenses and/or business permits. Please refer to Tab 3 for licenses.. 8. Number of employees. Sixty (60) 9. Background and experience of principal members of your personnel, including officers. Please refer to Tab 4 for experience. 10. Bonding capacity, if applicable. Not avvlicable 11. Have you ever defaulted on a contract? If so, where and why? * No. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 92 of 600 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone# City of Deerfield $ 621,918 Amanda Robin, PIR Director (954)480-4260 Charlotte County BOCC $2,803,038 Janine Hewitt,Risk Coordinator (941)743-1260 Village of Wellington $1,037,01.1 Tanya Quickel, CFO (561)791-4113 City of Dunedin $1,029,261 Theresa Smalling PhD. (727)298-3042 13. Contracts on hand. * Please refer to Tab 5. 14. Largest completed projects (include final cost). Charlotte County Board of County Commissioners - $2,803,038 1) 2) Village of Wellington - $1,037,011 3) City of Dunedin - $1,029,261 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * None. Gehring Group is pleased to state that it has not been a party to any litigation or arbitration in the last four (4) years or since its existence. 1) arose from performance: * N/A 2) occurred within the last 4 years: * N/A 3) provide case number and style: * N/A Dated at: Pahl Beach Gardens, Florida this loth day of Ma 2019 7 By: —(Written-si nature) Name: Kurt Gehring (printed or typed) Title: President and CEO THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 93 of 600 REFERENCES FOR The Gehring Group, Inc. NAME OF FIRM Company Name: City of Deerfield Beach Address: 150 N.F. 2nd.Avenue Deerfield Beach,Florida 33441 Contact Name: Amanda Robin, Human Resources Director Phone: Fax: E-Mail: (954)480-4260 (954)420-5567 ARobin@deerfield-beach.com Company Name: Village of Wellington Address: 12300 Forest Full Boulevard Wellington,ton, Florida 33414 Contact Name: Tana Quickel, Chief Financial Officer Phone: Fax: E-Mail: (561)791-4113 (561)'791-4045 tquickel@wellingtonfl.gov Company Name: Charlotte County Board of County Commissioners Address: 18500 Murdock Circle, Room 140 Port Charlotte, Florida 33948 Contact Name: Janine Hewitt, Risk/ Benefits Coordinator Phone: Fax: E-Mail: (941)743-1260 4941 743-1989 anine.hewitt@charlottecount d. ov t a az,i Company Name: City of Dunedin Address: 750 Milwaukee Avenue Dunedin, Florida 34698 Contact Name: Theresa Smalling, PhD., Director of Human Resources and Risk Management Phone: Fax: E-Mail: (727)298-3042 (727)298-3052 TSmalling@DunedinFl,.Net THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 28 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 94 of 600 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIG ATU E Sworn and subscribed before me this 10th day of May 20 19 Printed Information: Kurt N. Gehring NAME President and CEO TITLE N TARY PUBLIC St e ofFlorida at Large The Gehring Group,Inc. COMPANY VALERIE JEAN�ENSINGER ° MY COMMISSION#GG 071006 `• :_� EXPIRES:March 21,2021 so'; tar c: rr MID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 29 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 95 of 600 NON COLLUSION AFFIDAVIT State of Florida ) County of Palm Beach ) Kurt N. Gehring being first duly sworn, deposes and says that: 1) He/She is President and CEO of The Gehring Group, Inc. , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 017-1710-19/MFD for INSURANCE BROKER SERVICES 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier 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 qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interes , including this ffiant. (Signed) Inuit N. Gehring (Title) President and CEO S scribed and sw n before me This loth day of May 20 19 My commission expir VALERIE JEAN ENSINGER �=4` `�': EXPIRES:March 21,2021 -r. ;od F g Bonded Thru Notafy Public Underwritws THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 96 of 600 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? X Yes No If Yes, please indicate by an "X" in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and date: N/A Issuing Organization for Certification N/A Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 97 of 600 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ° As the person authorized to sign the statement, I certify that this firm co plies fully with the above requirements. The Gehri Gr tp, Inc. By: Professional's Signaty e Kurt Gehring President and CEO THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 98 of 600 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. The Gehring Group, Inc. CONTRACTOR NAME By Kurt N. Gehring Title: President and CEO Date: May 10, 2019 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 33 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 99 of 600 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, Kurt Gehring the President and CEO of (Name of officer of company) (Title of officer of company) 4200 Northcorp Parkway, Suite 185 The Gehring Group,Inc. located at Palm Beach Gardens,Florida 3341Q (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: The Gehring Group, Inc. 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? N/A 2. Does the business have a business tax YES NO Business License receipt issued in the current year? X Number: Palm Beach County LBTR# 2019115580 3. Is the business registered with the Florida YES NO Division of Corporations? X I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business .s requir d to✓'otify the City in writing should it cease to qualify as a local business. Print Name: Kurt Gehring, President and CEO Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ® Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 34 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 100 of 600 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 (Kurt Gehring,President&CEOon behalf of The Gehring Group, Inc. certify Print Name and Title Company Name that The Gehring Group,Inc. does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 35 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 101 of 600 attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran P troleum Ene gy Sector List. The Gehring Group, Inc. COMPANY NAME SIGNATURE Kurt Gehring President and CEO PRINT NAME TITLE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 36 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 102 of 600 L w = O M ° _ _ � � z wL) cv0L `+- o ca) ° M 'E F a) o 0 � N � -L- do p 0a) u 0 � CL ca o cn -00 a) � c (D p � H U a O -7do cy 3 cu • 0 4- Z U `� � o� -a.� a°i L m p o asp p'� O a+ m aL) m 3 ® m V m E 0 C a N m a o O ° `- N ® E 0- 6 w 3Ecom _0 0 Doc LLI � fA O O -a U ®_ Z to z NN m N (,) � OU W Q N L 'C CL a) a) LL® > _ (v LU Nin = � � o O E L L �� i-• N J LL � � Z a) � 0 (1) � � � Q r y a) U) O 0 H p L - -0 � ° o CL �O — a)W 0 � U Ua3 ic 0Ui O o -O O V ® E CL CO ® pp cL6 0 2 0 fn n bta Ll W O ULL � ° a -o U o UOO OmN0a Z U � > � N w c) a) G g . LL 0 E `�- O `� bl) N .m m Z L. S a3 U m d0 CIO LU fnm a) (o = U H c L W w Z = E2 E U 0 ,U C E O a) O r 0 ALu 0 ~ r Nto O O aQ C C 0- 0 y O U H a) 0 bR U O m Z w a) 0 ,r U 3 O G uJ C 0O m y O Co O C O O O m V ® O 6 0 a) occ � CJ (� rteA) a) � m 0 a) c`oca :1E in0 'E- o o c coo > me 0 Z � n L o L N N a) n Q) u°i — N a) C N s,,, 'y EO a) O c t6 c p O to O s 4c- L U O O � OU a= OL h C (U6 O ml O Ou 'Cc:' Page 103 of 600 Proof of Workers Compensation,General Liability&Automobile Liability Insurance GEHRGRO-01 UIR IB EA CERTIFICATE, OF LIABILITY INSURANCE F DATEIMMUONY"0112i2019 THIS CERTIFICATE 118 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS I IIPON THE CERTIFICATE HOLDER-THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATTVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISS UENG ENSURE RIS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. MFIORTANT: If the reftificate hGldeT is an ADDITIONAL INSURED,the policyoes)must haw ADDITIONAL INSURED provisions or be.endorsed. If SUIBEROGATIONE 13 WAIVED, sub*t to the terms and candifionsOf the policyceTt3in policies may require an endorsement. A statement on this cetnnficatL does not confer rights.to the certificate holder in IL-u of such endarsernent1s). PRODUCER License#GE67798 2t'-NTrA 7 Annie Unibe Insurance Office ofAnnefirm,Inc, =M IEIWI Abw.oa Town Center (661)29,13-5068,260513 Wn, 1:(5611776-10670 1290 UmwersinBlvd,Suite 200 5&&k Ann ic-Uribegioaus.a.crn o JupiIer,FL 33 NBURERIM AFFORDING 00�ERAQE MAIO# INSAMIER A:Depo sitors Insurance Corp area 42587 INSURED INSURER a Nation wide I Ins urance Corn and of America ca 25453 Gehring Group,Ino. Twin Ci Fire Insurance C oras pa,n,w 2945,9 4290 NGrthCorp Parkway,S ufte 185 INSURER D:: Palm Beach Gardens.FL 33410 INSURER E.: 1N2-vRrRF: rrA1FRAf;1P'.% CERTIFICATE N IMBER REVISION NUMFLFP- THIS IS 70 CERTIFY TK&T THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED. NOTW rrHGTAN DING ANY REQUIRJEMEN7, TERM OR.CONDITION OF ANY CONTRACT OR.OTHER.DOCUMENTWITH RiEsPIECT 70 WHICH THIS CERTIFICATE MAY BE ISSUEO OR,MAY PERTAIN,THE INSURANCE AFFORDEC BY THE POUCIEC DErCRIEBO HEREIN 15 SUBJECTTO ALLTHE TERMS, EXCWSIONSAND CONDITIONS OF SUCH POUCIEC.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM-D. 144A TYPE OF 9491MIANCE ADM sum Y NUMBER POLM EFF POUDY EXP LTR JUM virm POLM mw�� LIMIT& IJ A X comwEROIALcENERAL AMLIT`� skrH 001-URRaKS T 1,000,600 OLNMS-M&'�EFXX] 'R: ACPGLDC5974904781 A3;17J2019 OW1212020 100,0w MEDE�r-,My—p— Is 6<000 FTRSCIIAL a A0`11 11`41, 1,000,000 ZEMLL ACDREW17E UIA7 APPUES PER.: CENIFRALAGOREGATE 2,GN,000 71. 1::1 E--TT 1:1— F`RC0LGM-0--4YIPPOP AUG OTHER A ALITomosILEIJABILITY OWSINEDBIWILELIM17 1,000,600 A"y"L 'To ACE'BAPD5984304781 MM712019 63d1212020 SOCILY INJURY 0""E" K EDUL-L '?;OILY ONLY H+SLMS -VILY INJURY(F`—wam S OtSLY 7 UP ELsff6LniCihtlAA3E B 01-CLFURENUE g: 5,[IOO,Ili70 EXCESSIPS CLME-ALIr CPCAP5874, 4781 (UM212019 @X1212020 'UGFs GATE 5'aw'000 ora I X.I RE7EIM011 0 C V00W 2 COMPENRATM AND ENIFLOVERYIJABILMY veyANY FRCPFUET'a'-.P-,RTW-REXE2�J7,1,�E, 21WECP015U MM712019 OW1212020 �-LEIIIAC111111 11 1,000,0()0 �QljMMW4 EXaJMEC? N fA L OGE�,SE-EA EMPLOYET, 1,000,600 wy——.1.ua4r 1'000,000 I DESORIP7MON OFF OPETZtmOM'— CERTIFICATE HOLDER CANCELLATION' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT10N 6A17E THEREOF. NOTICE WILL BE DEIIVERED IIN ACCORDANCEWITH THE POLICY PRIDI.qZIONS. AUTHORIZED MERIFIrMENTATNE IFor Information Only ACORD 25(20IEBI03� 0198&21715 ACORID CORPORATION- All nghts reserved. The ACORD name and logo am registered marks of ACORD (58) GEHRING Enwow,G R 0 U P A P a g e 1 Ew)-4r e If 63%Aj%J Proof of Professional Liability Insurance Offaq)OFY"y) Ac"R11Y CERTIFICATE, OF LIABILITY INSURANCE DKIE 137i231201e THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO,RIGHTS UFON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES B,E,LOVW. THIS CERTIFICATE OF IINSUIRANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pafioy(ies)must have ADDITIONAL INSURED laravisions or be endorsed.. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement an this Certificate does not confer rights tG the cerfifloate holder in lieu of such endorsementfs.J. PRODUCER CCN7TAOT ,NAME Tom Willins FAX Gehring Group,Inc: ZrE Fft END MI-45213-45797 AjON,:Ml-,52E-11970 42130 Northcorp Padkway,Suite 185 E4"RESS:IL AEDthoniras.wil�lins@gehfinggirou,p-com Palm Beach Gardens,FL 3,341-D NEURrPAS,)AFFORDING,COVERAGE NAIC 9 ,MURER A:Arch Specialty Insurance urance Compan y ROURED VNIURER 8: The Gehring Group.Inc. VUURER 0: 4200 Northoorp Par way rI D Suite 181, Palm Beach Gardens FL 33410 DBURER F: COVERAGES CERTIFICATE NUMBER, REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN'SUREa NAMES ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 10-SUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS GUBJECT To ALL THE TERMS, EXCUJSION'-E,;ANa CONDITIONS OF SUCH POLICIES LIMITUSHUMN MAY HAVE BEEN RE'LeUCED BY PAID CLAIMS. MIRA�3= P13LICYEFF " POLIOVE TYPE WSUR4RCE LTR INERT POLICY NLMMER 4NkVD0NYM MMMM"fY) LMffT3 COMMERCIAL 3ERrERAL,LIAS&LffY EACH OCCUR--HOE $ RRIn OL&MM-MADE M E TO E31 tl MED EXP 4"am p—� $ FERSOKAL a ADV INJJRf $ GEWL AGGREGATE UMITAFFLISS PER: GE�iERALAGC�4%=QkTE $ PV .IE C7 L'-'O CIYAPPOF3D3 Ii OTHER: AArromaell-ELIABILM �EdMBINED MNULE LIMIT $ 'a� q"y 0 a0OL-Y INJURYTerp—, 0AIIED 2004-Y 1 lurcs OAONLYAL708 H§FdEG NIC-1+CAMED FRO-ERTYCAMACE ALTOS L -Y &J7CSONLY 3,ddem EACH OCCUR--fiCE Ii EXCESS LIAR SM&-MALE: rREZA7=- H CE-Z RETEN-rDN; E 1 WORKER COMSI PVEATION PER: I ER AND EMPLOYERI'l-IAMI-rn' V114 SW0711- ANI�FRCF�E70-7'P,-A-rNE3tE)CELUTIVE ❑ 'WeA, 7.L EACH,-LCIDe1rr OFFOMWEIISEREAOLLDED? obl-d.b.y In NHI E.L.D�SEASE-EA EWLI:YIEC Ii tr 3—.,&-'&M-J�' DESCRIFrION OF OPERATIONS b6— E.L DISEASE-POUCY LWI 7 $ A, Prof i€ n l UabilW—, NPL00603-06-01 1 5122/18 1-5-4 22I?19 1 1$ 5,000,000 DUCRIF'nDNGFCFERA-nCNIfL.00ATIONSIVMCLES Insurance Brokerage and Consulting Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Information Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED. IN ACCORDANCENTH THE POLICY PROVISDM'S- At7r+*aF=REPREBENTATNE Thomas Wiflins 01088-2015 ACORD CORIPIORATPON-All rights reserved. 201 VG3) The ACORD,nanw--and logo are registe red marks of ACORD, (59) GEHRING Enwow,G R 0 U P Page 1(3, "1 68J Tab 9: Exhibits Exhibit A...........................................................................Available Online Safety Training Courses Exhibit B...............................................................................................2019 P &C Market Outlook Exhibit C..........................................................................Sample Claims Analysis Summary Report Exhibit D.....................................................................Sample Risk Management Action Timetable Exhibit E................................................................Sample Employee Disaster Assistance Program Exhibit F.......................................................................Sample Site Inspection Assessment Report Exhibit G ................................................................................ Risk Management Resource Library (60) GERING Enwow,GR0UP Exhibit "A" Available Online Safety Training Courses (61) GERING .'GR0UP I (INLINE TRAINING&INFORMATION SYSTEM SUMMIT CONNECT Course Ust Accident Investigation Flammable Liquids: Know Your Risk Marine Security Air Emissions Food Allergens Muscle Strains&Sprains Ammonia Safety Food Manufacturing:Contamination Prevention Office Ergonomics Aerial Lift Safety Food Manufacturing: Microbiology for Dairy Office Safety Asbestos Awareness Food Manufacturing:Quality Assurance Off-The-Job Safety Back Injury Prevention Food Manufacturing:Sanitation OSHA Recordkeeping Back Safety Food Manufacturing:Site Security PACE Behavioral Driving—Large Vehicles Benzene Food Manufacturing:Traceability Management PACE Behavioral Driving—Small Vehicles Bloodborne Pathogens Forklift Safety Personal Protective Equipment-Construction Bloodborne Pathogens: Exposure Prevention Formaldehyde Safety Personal Protective Equipment Compressed Gas Cylinders GHS:Chemical Labeling and Classification Pipeline Safety Concrete&Masonry GHS:USA Compliance Power Press Safety Confined Space: Emergency Rescue GMPs: Food Production Excellence PPE:Armed for Safety Confined Space: Permit Required HACCP:Food Hazard Prevention Preventing Slips Construction Safety Orientation Hand&Power Tools Preventing Spills Container Labeling Hand Safety Process Safety management Crane Safety: Mobile Cranes Hazard Communication Radiation Safety Crane Safety: Pendant Controlled Hazard Communication:Erase the Mystery RCRA Decision Driving Hazard Communication:Knowledge to Protect Respirators:Air Purifying Decision Driving—Truck Hazard Recognition Respirators:Air Supplying Decontamination Hazard Recognition/Workforce: Identify&Eliminate Rigging Safety Disaster Readiness Hazardous Waste Road Rage DOT/CSA:Profiled in Safety HAZWOPER Safe Behavior DOT Driver Logs Hearing Safety Safety Attitude for Safety's Sake DOT Driver Qualifications Heat Stress Safety Orientation DOT Driver Wellness Hexavalent Chromium Scaffolding Safety DOT Drug&Alcohol Testing-Employee HMT:Bulk Transport Sexual Harassment: Understanding&Preventing DOT Drug&Alcohol Testing-Supervisor HMT:General Awareness Sexual Harassment:What Supervisors Need to Know DOT Pre&Post Trip Inspections HMT:Non Bulk Shock Proof Qualified Employee Driver Awareness: 15-Passenger Van Safety HMT:Safe Work Practices Shock Proof Unqualified Employee Drug Testing Awareness HMT:Safety Requirements for Drivers Silica Safety Awareness Electrical Safety HMT:Security Awareness Site Security Electrical Safety—High Voltage Awareness HMT:Shipping Requirements Slips,Trips&Falls Electrical Safety—High Voltage Safe Work Practices Hoists&Slings Small Spill Cleanup Electrical Safety—NFPA 70E Hot Work Static Electricity Electrical Safety—Part 2 Hydrogen Sulfide Safety Stormwater Management Employee Safety Orientation Incident Investigation Street Smart:Driving Skills Energized Electrical Work Permit Industrial Ergonomics Transportation of Dangerous Goods Environmental Awareness Introduction to OSHA TSCA Excavations,Trenching&Shoring Job Safety Analysis Tuberculosis Awareness Eye Safety Lab Safety Valve Safety Eye Safety: Focused on Protection Ladder Safety Walking Working Surfaces Fall Protection Laser Safety Welding Safety Fall Protection Lead Safety WHMIS Fall Protection-Construction Leadership Skills for Safety Winter Driving:Weather the Road Fall Protection-Construction Part 2 Lockout/Tagout Workplace Violence: Prevent the Threat Fire Protection&Prevention Lockout/Tagout:Energy Control Fire Safety Machine Guard Awareness First Responder Awareness Level Machine Guarding s IL 18 800.447.3177 Summit Training Source is a member of the HSI Family of Brands. KEY 13 DVD Item #$ dingle Student Online Video Course Item # Instructor Streaming Video Course Item # Interactive Online Item Length of DVD Program A Available Languages (E/S=English &Spanish) 13 All DVDs and Instructor Streaming Programs include Support Materials(facilitator guide, quiz, employee handbook, and a PowerPointTM presentation in English only). 13 All Student Video Courses and Interactive Online Courses include a Certificate of Completion. Accident Investigation Accident Investigation for Healthcare Teaches employees a systematic approach for effectively investigating When working in a medical environment,there are a number all types of accidents and determining their root causes to help prevent of specific hazards that can lead to accidents or injuries.Accidents future incidents.This program covers: can happen anywhere at any time,so it's important to be well prepared •Purpose of an accident investigation to handle these potentially difficult situations.This program covers: •Responding to different types of accidents •When to investigate •Conducting an investigation •The accident scene •Techniques for getting accurate results when interviewing witnesses •Interviewing witnesses •Documenting findings and corrective actions •Reviewing records •Implementing improvements •Analyzing information S9400 a Online:Spanish •Communicating recommendations aS::6564 13 51769 13 S"17694 M15:00 Accident Investigation: Determining Root Causes Offers a systematic approach for effectively investigating all types of Aerial Lift Safety accidents and determining their root causes in order to prevent future Addresses 1910.67/ANSI A92.6 incidents.This program covers: Teaches best safety practices, housekeeping,and equipment •Purpose of an accident investigation maintenance techniques to prevent aerial lift accidents at your site, •Responding to different types of accidents including scenarios when working with or around electricity,working •Conducting an investigation in inclement weather,and working in an elevated bucket.This program •Techniques for getting accurate results when interviewing witnesses covers: •Documenting findings and corrective actions •Implementing improvements •Fall protection, load requirements,and equipment •Pre-start inspections 0S6006 Es S17233 517000 M 19:00 •Safe use Online:Spanish 13 56271 3 517285 517002 IM 59455 M 11:00 a EIS DVD,Online:Spanish Accident Investigation: Examining The Details Explains the importance of implementing a successful accident investigation process by training workers how to figure out exactly why an accident occurred, in order to achieve a safer workplace for everyone in the future.This program covers: •What to investigate • Reviewing records •The accident scene •Analyzing information •Interviewing witnesses •Communicating recommendations 0S6533 Es S172,34 S"17001 M 18:00 M EIS DVD Exhibit "B" 2019 P&C Market Outlook (62) GEHRING Cw4m,GR0UP cu E H R I N GROUP ;t EMPLOYEE BENEFITS RISK MANAGEMENT f 2019 P&C 1 i F= 11 jt Market Outlook H I 1 Il 1 k 4 Page 112 of 600 2019 PC Market Outlook 2 Table f Contents Introduction..................................................................................................................................................3 Howare Premiums Determined? ...............................................................................................................7 2018 Market Outlook Forecast Trends........................................................................................................8 Property........................................................................................................................................................9 GeneralLiability..........................................................................................................................................10 CommercialAuto........................................................................................................................................11 Workers' Compensation ............................................................................................................................12 Cyber...........................................................................................................................................................13 Directors and Officers Liability...................................................................................................................14 ProfessionalLiability..................................................................................................................................15 Employment Practices Liability..................................................................................................................16 Fidelity&Crime..........................................................................................................................................17 MovingForward.........................................................................................................................................18 MoreInformation.......................................................................................................................................19 Page 11 � ti >r 2019 PC Market Outlook 3 Introduction Insurance is one of the most valuable lines of defense for all businesses that want to protect their finances and ensure their ongoing success. And, as policyholders review their budgets and lines of coverage each year,they need to know how their insurance costs will impact their bottom lines. 2018 Market Trends The catastrophic damage from hurricanes Harvey, Irma and Maria in 2017 caused an estimated $92 billion in damage, and led many experts to believe that insurance carriers would begin to raise rates for property insurance and other lines of coverage throughout 2018 and 2019. However, most insurers were able to spread this cost across global reinsurance and approximately$760 billion in excess capital. Large property losses continue to be an area of concern for insurance carriers—especially after the extensive damage from the California wildfires and wind damage along the east coast in 2018. Despite this, large rate increases should be limited to businesses with large wind or fire hazards or those with extensive loss histories. Instead, many insurance carriers are shifting their focus from property losses to liability exposures. at .... Experts estimate disasters caused nearly$80 billion in insured losses in 2018. However,carriers were able to use$760 billion in excess capital to essentially stabilize the P&C market, - w Social campaigns, such as the#MeToo movement, have changed how workforces and the general public approach harassment. And, as the strength of the U.S. economy has led employees to feel higher levels of job security,the Equal Employment Opportunity Commission has continued to investigate a record number of claims. Even private organizations have faced growing liability exposures due to the ongoing opioid epidemic and the rising number of lawsuits. Cyber exposures were also a growing area of concern for insurance carriers in 2018. Not only do losses from data breaches and social engineering schemes continue to rise, businesses also need to consider how data privacy legislation affects their operations.The European Union's General Data Protection Regulation (GDPR)greatly expanded businesses' personal data responsibilities when it came into effect last year, and states such as California and New York have introduced similar requirements for employers. And, as technology continues to be integrated into more operations, some insurance carriers are starting to split cyber coverage among a variety of policies. Where is the Market Headed in 2019? If the P&C market demonstrated one thing after the major property losses from 2017 and 2018, it's that insurance carriers are continuing to focus on specific risks.Just as hurricanes, wildfires and other weather events led insurers to focus on fire,wind and flood risks, carriers will also examine an organization's unique cyber and liability exposures. Underwriters will largely determine insurance rates by looking closely at a business's specific risk exposures and loss prevention strategies, especially as they relate to cyber attacks, data security and Page 11 2019 P C Markel: Outlook 4 Introduction liability. In fact, many insurance carriers are also working with third-party analytics companies to closely study how businesses react to emerging risks. Businesses should expect most insurance rates to increase slightly in 2019 as insurers cover losses from high property claims and liability losses. Additionally, businesses with extensive property or liability exposures could see double-digit rate increases and more limited policy language. However, it should be possible to secure flat renewals or even slight premium decreases for other lines of coverage, especially if businesses have good loss histories and implement comprehensive risk management policies. at .... Over the past two years,the market softened the blow from severe weather loss- es in part by targeting specific fire,wind and flood risks.In 2419,carriers should also carefully approach cyber and liability exposures, - w Despite large property losses and growing liability risks,there's still extensive competition between insurers for most types of coverage. Commercial insurance continues to be profitable for insurers despite the rising cost and frequency of claims, and some businesses are entering the cyber market and other emerging lines of coverage. Insurance carriers are also engaging in record amounts of merger and acquisition transactions in order to absorb another company's book of business. Although this shouldn't have a noticeable impact on insurance rates, it may impact underwriting processes as larger carriers replace another business's procedures with their own. Business can also look forward to some positive trends in 2019: ... ,, t} t '- sx Loinrer uuoriiers' portunities for Rising number of compensation rates— businesses with risk coverage options— Many statesannounced management plans— Insurance carriers may lower workers'' Businesses traditionally limit a policy's terms if it compensation rates for don't want underwriters relates to substantial 2019.Additionally, to look too carefully into property or liability risks, insurance carriers will their operations, but the but other marketplaces continue to compete for increased level of should offer more business because of a scrutiny in 2019 may flexible coverage decline in loss rates, help organizations lower options.This is especially lost-time claims and loss their insurance rates if the case for cyber severity. they address their insurance, as carriers are unique risk exposures. starting to include coverage both in other types of policies and as a stand-alone package. Page 11 �0tv, 2019 PC Market Outlook 5 Introduction These general trends may provide you with an understanding of the commercial insurance market in 2019. However, a number of circumstances can change the development of every line of coverage. Insurance buyers should remember that no two businesses, insurance carriers or policies are alike, and that underwriters consider a number of factors when determining rates.Just as with risk management, the best advice for getting insurance is often to hope for the best and prepare for the worst. Remember, Gehring Group is here to help your organization find the coverage you need to protect your business. While we've prepared this market outlook to help you prepare for what 2019 will offer, you can also contact one of our dedicated insurance professionals today to discuss your insurance options. Trends to Watch in 2019 Insurance experts often examine how outside influences and trends affect the P&C marketplace, and businesses should examine how these factors influence their insurance coverage. Carriers will continue to focus on trends from the past few years, including large weather events, liability exposures and data breaches. However,there are a number of new market developments to consider: Continued market surplus—Insurance carriers are still obtaining large amounts of excess capital, which has helped stabilize the market despite the growing number and severity of claims. Although this trend should continue in 2019, some experts worry that if large losses continue or other market conditions emerge, P&C carriers may not be able to rely on their reserved assets. Delicate political climate—The Trump administration's policies on trade, immigration,taxes and other issues have had a variety of effects on business. New trade deals have changed how " organizations import materials and export products, and an extended government shutdown in the beginning of 2019 caused many federal agencies to pause their operations.This climate will likely remain in place for much of 2019, especially as public perception focuses primarily on affiliation with a political party. Rising motor insurance rates—The growing U.S. economy has put a record number of drivers _ on the road and led to a rising number of auto claims. Commercial drivers and motor carriers y } will also continue to face rising demand for freight capacity and regulatory pressure.The Department of Transportation (DOT) has also indicated that it will examine potential changes to its hours-of-service regulations and Compliance, Safety, Accountability (CSA) program. Page 11 � ti >r 2019 PC Market Outlook 6 Introduction ,�� uu Changing perceptions on liability and harassment—The#MeToo movement and other social 013 '� campaigns have highlighted workplace harassment, and businesses are being held to a higher r-��-�DD standard for topics related to their employees' actions and employment procedures. Because of 130130 � this, many businesses will have increased liability exposures—even if they haven't changed their operations and don't have loss histories. Region-specific weather risks—Carriers are closely examining how a business's location and loss history affect the chances of future wind,flood and fire damage. Specifically,the catastrophic losses from the 2018 California wildfires are leading insurers to take a close risk at businesses along the Pacific coast and in other fire-prone areas. Underwriters are also looking at businesses with multiple rain and flood claims, especially those along the Gulf and Atlantic coasts. Flood insurance updates—A short-term renewal of the National Flood Insurance Program (NFIP) was issued just before the start of 2019, but most experts agree that it needs extensive changes to remain a viable option for businesses and homeowners. Many legislatures have suggested the program needs to allow for private insurance options, limit payments to properties that flood repeatedly, create incentives for risk mitigation or improve flood mapping programs. r Page 11 2019 P C Market Outlook 7 How are Premiums Determined? Before examining specific lines of insurance, it's important to understand how carriers determine a policy's premiums.These figures represent the amount of risk an insurer accepts on behalf of a client, and change based on an underwriter's belief of how likely each client will make a claim and how much those claims will cost. Policyholders control some of the factors that can influence premiums, including risk management plans, selecting policy limits and deductibles, and claims history. However, many external factors can drive insurance rates up or down: • The cost of reinsurance—Simply put, reinsurance is coverage for insurance companies. Carriers often buy reinsurance for risks they can't or don't wish to retain fully, including those for severe weather events like hurricanes and wildfires.As a result, reinsurance helps to stabilize the premiums for regular businesses by making it less of a risk for insurance carriers to write a policy. However, insurers often shift the price for reinsurance to their P&C policyholders, raising their rates. • Inflation—Insurers will often adjust premiums to keep pace with inflation. For 2019,the inflation rate across North America is expected to remain steady. • Investment income—Nearly every insurance carrier uses the funds it receives from premiums to invest in other markets, such as real estate and securities that accumulate interest. If these other investments generate large returns, carriers may be more likely to offer lower insurance rates. • Underwriting profitability—Insurers use combined ratios to measure their underwriting profits. These figures are calculated by dividing the sum of incurred losses and operating expenses by premiums. A combined ratio of 100 percent represents a level of total equality between losses and the number of policies an insurer is covering, and a higher or lower ratio respectively means that a carrier is losing or making money.Although the average combined ratio approached 100 percent at the end of 2018, most insurance carriers remained profitable because of high investment returns. Insurers use combined ratios to measure their profits from their insurance policies,and are calculated with this formula. Losses over a specific Qperatin� expenses + time period Prernlurra s collected over the sarTie period of tirTie Page 11 � ti >r 2019 PC Market Outlook 8 2019 Market Outlook Forecast Frauds Below is a high-level overview of 2019 market trends per line of coverage. For more information on individual topics, please see the dedicated sections for each line of coverage. LINE OF • FORECASTTRENDS • Noncatastrophic: -2 to +2% Property • Catastrophic: +2.5 to +10% • Catastrophic with losses: +10 to +20% General liability • Overall: Flat to +5% • Fleets with a good loss history:5 to 10% Commercial Auto • Fleets with a poor loss history: +15% • Clients with guaranteed cost programs or positive loss experience: -10%to flat Workers' compensation • Clients with deteriorating loss experience and loss-sensitive programs: -3 to+3% Cyber • Overall: Flat to +5% • Private companies: Flat to +7.5% Directors and officers • Public/nonprofit companies: +5 to+15% Professional liability • Overall: Flat to +10% Employment practices liability • Overall: +5 to+10% • Overall: Flat Fidelity and crime • Businesses adding coverage for social engineering: Flat to +3% Page 11 � ti >r 2019 PC Market Outlook 9 Property In 2017, natural disasters caused over$130 million in insured losses and led many experts to believe that the property insurance market would harden accordingly. And although a period of uncertainty did cause rates to rise in the beginning of 2018,the large amount of excess funds in the property market helped stabilize the market and slow price increases. There were a number of significant natural disasters in 2018, including widespread wildfires along the Pacific coast and two major hurricanes. However,total insured losses were notably lower than 2017, and insurance carriers are focusing on geographical and industry-specific property risks instead of implementing major rate increases for the entire market. Property insurance rates will likely increase slightly for all types of risks in 2019, although businesses with good loss histories and comprehensive risk management strategies may be able to negotiate for slight decreases. But underwriters will be especially careful when drafting policies for businesses that have significant exposures to wind,flood or fire damage. 2019 Price Prediction Noncatastrophic: -2 to +2% Catastrophic:+2.5 to+10% Catastrophic with losses:+10 to +20% Trends to Watch in 2019 • Capacity and competition between insurers in the property market remains high, but some carriers are starting to write stricter terms and conditions into policies. • Congress has issued numerous short-term renewals for the National Flood Insurance Program (NFIP), and experts believe that a major overhaul is likely coming soon. • Insurance carriers are closely examining how cyber risks can lead to property damage, and some policies may include specific cyber exclusions. Tips for Insurance Buyers • Review your business continuity plans so you can resume your normal operations as soon as possible if a disaster strikes. • Gather all data on any property losses you've experienced to identify your biggest risk exposures. • Draft comprehensive risk management and response plans to reassure underwriters. • Consider taking on additional risk if you can't accept rate increases. r Page 12 2019 P C Market Outlook 10 General Liability► Lawsuits, wildfires, widespread opioid use and other major issues helped highlight commercial liability risks in 2018, but market capacity remains high and insurers are still competing for new business. However, insurers will continue to examine excess and umbrella policies carefully for risks that could lead to large punitive awards. Businesses with good loss experiences and well-documented risk management practices can expect good terms during renewals, especially if they can secure multiyear deals. However,there's less market capacity for industries with higher risks, such as pharmaceutical, heavy construction and energy. Lawsuits and accompanying rewards will continue to be a top concern for insurance carriers in 2019. As employment rates rise and social campaigns like the#MeToo movement gain followers, businesses will face costly liability claims that could raise their rates. 2019 Price Prediction Overall: Flat to+5% Tips for Insurance Buyers • Examine your commercial general liability policy to make sure you don't have any gaps in coverage. • Review how much umbrella and excess liability coverage your business needs, as large awards from lawsuits have hardened this section of the market. Page 12 2019 P C Market Outlook 11 Commercial Auto `, 11,111',11,,,, Going into 2019, increased rates will create an ongoing challenge for commercial fleets, and insurance buyers should expect to see some of the highest increases in years.While business itself continues to be prosperous, costs related to labor, maintenance, equipment, licensing and compliance have increased steadily over the last few years,forcing fleets to increase service fees. Adding to the market pressure,the growing U.S. economy has put more drivers on the road than ever before, and, as a result, auto liability claims have steadily increased in both frequency and severity. What's more,the rising cost of medical care has led to significantly higher claims, and increased premiums aren't enough for insurers to overcome their loss costs. Insureds should continue to expect upward rate pressure, particularly as jury awards for single plaintiff auto accidents continue to reach well beyond six figures. Distracted driving and increased repair costs will also contribute to an upward trend in costs and claim numbers. Moving forward, insurance carriers will continue to raise rates for businesses with commercial fleets and substantial vehicle risks. Underwriters will also closely examine compliance with Federal Motor Carrier Safety Administration (FMCSA) standards and the Compliance, Safety, Accountability (CSA) program when drafting a policy. 2019 Price Prediction Fleets with a good loss history: 5 to 10% Fleets with a poor loss history: +15% Trends to Watch in 2019 • Because underwriters will be looking closely at safety and compliance standards,thorough risk mitigation practices will be key for businesses looking to lower their rates. • Jury rewards—which often exceed $10 million or more—will continue to drive transportation insurance losses. • Organizations with unfavorable loss ratios and CSA alerts should expect to see significant rate increases—some as high as 15 percent.As a result, hiring and retaining quality drivers has never been more important. Tips for Insurance Buyers • Regularly train commercial drivers on FMCSA compliance and create a written program to help lower your CSA scores. • Work with risk specialists to review CSA scores and take corrective action. r Page 12 2019 PC Market Outlook 12 Workers' Compensation For the past few years, positive developments in the workers' compensation market have led to substantial rate reductions, and most businesses should expect lower rates throughout 2019. In particular, declines in loss rates, lost-time claims and loss severity has created a buyer's market as carriers compete for retentions and new business. Many states announced workers' compensation rate reductions for 2019, but underwriters are expected to carefully examine businesses seeking loss-sensitive programs. Although there is enough market capacity to support these programs, businesses should carefully examine their safety and return to work programs if they want to lower their workers' compensation costs. 2019 Price Prediction Clients with guaranteed cost programs or positive loss experience:-10%to flat Clients with deteriorating loss experience and loss-sensitive programs: -3 to+3% Trends to Watch in 2019 • Workplace drug tests—Workplace drug use continues to rise, especially in the construction, retail and real estate industries.These rates can have a large impact on workers' compensation costs, especially if related to the use of medical marijuana. • Marijuana—As more states legalize medical and recreational marijuana use, the drug's dual identity as a legitimate medical treatment and casual psychotropic can lead to significant problems. Court rulings on medical marijuana's use under workers' compensation programs have been inconsistent, and employers need to set clear drug policies that are consistent with state and federal regulations. • Opioids—Many states have updated their workers' compensation prescription drug policies in order to address the ongoing opioid epidemic. However,these substances will continue to be a common concern for businesses in 2019. Tips for Insurance Buyers • Implement safety and health programs to address common risks, especially when using a loss-sensitive workers' compensation program. • Examine how technology such as wearable fitness trackers and exoskeletons can help you identify and address workplace injuries. • Work with Gehring Group to take advantage of the buyer's market and compare workers' compensation rates. Page 12 2019 P C Market Outlook 13 Cyber As workplaces continue to integrate more technology into their operations, new cyber exposures appear across multiple lines of insurance. Insurance carriers created stand-alone cyber polices as a way to set clear distinctions from other types of coverage. However, a large part of the market is now focusing on adding cyber coverage to property, general liability and crime policies in order to address potential gaps. Stand-alone policies are still widely available as insurers continue to enter the market and compete for business. But, now that cyber insurance is relatively common, underwriters will focus on analyzing risk management strategies and defense plans when determining rates.As a result, rates should rise slightly overall in 2019, although businesses with detailed cyber defense strategies may see flat renewals or even slight decreases. Businesses should also consider their biggest risk exposures when looking at policies, including cyber extortion, social engineering schemes and regulatory compliance.According to Cybersecurity Ventures, extortion and social engineering led to over$5 billion in damages in 2017, and the firm expects this figure to rise to$11.5 billion in 2019. Additionally,the European Union's General Data Protection Regulation (GDPR)greatly expanded businesses' personal data responsibilities when it came into effect last year, and California's Consumer Privacy Act is expected to follow suit in 2020. 2019 Price Prediction Overall: Flat to +5% Trends to Watch in 2019 • Insurance carriers may try to shift some cyber coverage to other types of policies. • Underwriters will use third-party data analytics services to help determine a business's cyber exposures and defense plans. • Strong competition has led many carriers to include value-added services in policies, such as security risk assessments, employee training and incident response tools. Tips for Insurance Buyers • Provide underwriters with details on all of your cyber defense strategies to get the lowest possible rate. • Examine your other insurance policies to make sure you aren't paying for overlapping cyber coverage. • Stay updated on your data privacy responsibilities, since the GDPR has led New York, California and other states to introduce additional legislative requirements. Page 12 2019 PC Market Outlook 14 Directors and Officers Liabilit ► In 2019, public and private businesses will experience vastly different marketplaces for directors and officers (D&O) insurance. While public companies will need to manage risks associated with rising lawsuit claims, data privacy and social media movements, private businesses should face a significantly softer market. However, all businesses should expect at least minor rate increases as the number of workplace class-action filings continues to rise. Private Companies Although businesses that don't frequently operate around the general public don't face as much pressure from social media campaigns, some significant emerging risks may pressure insurance carriers to raise D&O rates in 2019.The strength of the U.S. economy has also led to increased job security, and employees are less hesitant to file claims related to the Fair Labor Standards Act.Additionally, directors and officers will be held accountable for new data privacy regulations, such as the GDPR and California's upcoming Consumer Privacy Act. Public Companies Both publically traded businesses and organizations that frequently work around others should continue to expect a hard market for D&O coverage in 2019 as a result of workplace harassment allegations, merger and acquisition litigations and a general increase in claims. Although there will continue to be competition between insurers, some carriers have left the market and businesses may be left with less negotiation options. However, most insurance carriers haven't restricted their D&O policy terms,which keeps broad coverage widely available. 2019 Price Prediction Private companies: Flat to+7.5% Public/nonprofit companies: +5 to+15% Tips for Insurance Buyers • Businesses with poor loss histories or in volatile industries should create risk-specific management plans to reassure underwriters. • Examine your personal information requirements and consider either appointing a data privacy officer at your business or outsourcing the position to a third party. • Create comprehensive communication programs so directors and officers can have transparent conversations with both employees and customers. Page 12 �0tv, 2019 P C Market Outlook 15 Professional Liability The market for errors and omissions (E&O) and professional liability insurance should remain competitive for small and midsized businesses in 2019. However, larger companies may see rate increases, and the number of class-action lawsuits due to errors continues to rise. Although E&O coverage is still profitable for carriers that cover smaller businesses, many of the risks covered by these policies have now been transferred to other lines of insurance.As a result, some insurers have exited the market or fragmented their coverage options according to unique industries or risk exposures. Underwriters should also examine businesses' loss histories and customer relation programs during the application process. Even companies that only work with other businesses should expect a more detailed underwriting process, as multiple claims can occur form a single error or loss. 2019 Price Prediction Overall: Flat to+10% Tips for Insurance Buyers • Regularly audit your professional liability risks, especially those that relate to the health care and financial industries. • Conduct regular reviews of your customers' personal and business risks to identify your exposures. • Review all customer contracts and policies to examine the scope of your business's service and product offerings, especially in relation to personal data. • Specify what lines of insurance are necessary for your business partners and customers in all contracts. Page 12 2019 PC Market Outlook 16 Employment Practices Liability Social initiatives such as the#MeToo movement have put more pressure on businesses, and rates for employment practices liability insurance (EPLI) should increase in 2019. Additionally, rising employment levels have caused employees to be more comfortable when they consider if they should make a claim. There will be ample market capacity and competition for EPLI coverage in 2019. However, many insurance carriers are underwriting risks separately, which will make risk management for these exposures even more important for business. Additionally, small businesses may need to purchase more EPLI coverage to account for the rising frequency of employment-related losses. Employers should have more options for addressing class-action filings filed by employees, as the Supreme Court ruled in 2018 that businesses can negotiate with each individual included in a lawsuit. Although this ruling doesn't impact initiatives started by federal agencies or state laws that allow employees to take collective action, businesses can address employee lawsuits more easily. 2019 Price Prediction Overall: +5 to +10% Trends to Watch in 2019 • The Equal Employment Opportunity Commission should continue to investigate claims aggressively, as the agency has filed an average of nearly 90,000 complaints over the past five years. • Equal compensation is becoming a hot topic for both state governments and insurance carriers. As legislation broadening equal pay regulations continues to be introduced, businesses should take care to re-evaluate their practices.The Department of Labor (DOL) has also stated that it will introduce a new salary threshold for paying overtime in 2019. • A lack of qualified job candidates in 2019 may lead some businesses to hire individuals who don't meet all of an open position's criteria. As a result, organizations should focus on comprehensive screening processes and employee training programs to prevent losses. Tips for Insurance Buyers • Examine all of your HR practices regularly to ensure you're treating all employees and applicants fairly. • Collaborate with management, employees and HR specialists to promote a workplace culture that discourages any form of harassment. • Take extra care when hiring or terminating employees. • Provide underwriters with all of your EPLI risk management plans, including the initiatives noted above. r Page 12 2019 PC Market Outlook 17 Fidelity & Crim While fidelity and crime insurance generally covers losses involving funds and physical assets,the rising prevalence of social engineering schemes has been an important topic for insurers. Recent court cases have ruled that the computer fraud provision that's common in many crime policies covers social engineering losses, but this finding isn't consistent in every state. As a result, many insurance carriers are adding language to exclude social engineering losses, or to include coverage along with increased premiums. Generally,the fidelity and crime market will remain stable and employee theft should continue to be the largest risk exposure. However,the rising number of all liability claims may lead to small rate increases overall. Additionally,the fragmentation of cyber coverage among many forms of insurance may allow some businesses to secure flat, multiyear renewals for policies that address the loss of tangible assets. 2019 Price Prediction Overall: Flat Businesses adding coverage for social engineering: Flat to +3% Trends to Watch in 2019 • Social engineering will be a key topic in 2019, and insurance carriers must determine how to cover these risks in either crime policies or another form of coverage. • Cryptocurrencies blur the line between cyber and financial losses, and are becoming a large emerging risk exposure. • Insurance carriers will determine premiums based on the number of employees being covered, business revenues and loss histories. Tips for Insurance Buyers • Implement careful screening processes during the hiring process to check your applicants' honesty and the possibility of employee fraud. • Train employees on avoiding fraud when dealing with customers and third parties, especially when working with online platforms and personal data. • Create programs to verify financial transactions that aren't requested in person. • Pay attention to how advances in technology and current trends in cyber attacks can create new risk exposures. Page 12 2019 P&G Market Outlook 18 Moving Forward It can sometimes seem as if the forces determining your insurance rates are beyond your control. But, as an insurance buyer, it's important to know how your premiums are calculated, what trends influence the market and what you can do to get the best price. Your claims history—which you can control—has an enormous impact on whether your rates go up or down.That's where implementing a solid risk management plan will help steer your pricing in a more favorable direction, both now and in future renewal periods. The following are five key components of a successful risk management strategy: Pinpoint your exposures and cost drivers. Identify the Lest lass control solutions to address your unique risks. Create a solid business continuity plan to account for disasters and other unpredictable risks. Build a company CLIlture focused on safety. Manage claims efficiently to keep casts down. In addition to implementing the above risk management strategies, working alongside an experienced insurance broker is equally crucial. Qualified brokers can help their clients analyze their business, understand their exposures and establish a suite of customized insurance policies that act as a last line of defense against claims. Moreover, insurance brokers understand the market inside and out and can negotiate competitive premiums on a company's behalf. A broker will also thoroughly explain your policies, notifying you of any additional considerations to keep in mind. Remember,the insurance landscape is complex, and while the predictions found in this outlook are based on expert research,they are provisional and subject to change. Fortunately, your partners at Gehring Group are diligently monitoring the market throughout the year and will keep you informed of any changes that might affect your business. This Market Outlook is merely a guideline. It is not meant to be exhaustive nor be construed as legal advice. Consult your licensed insurance professional or legal counsel for appropriate advice. Page 12 2019 P&C Market Outlook 19 More Information For more details regarding the information contained in this report, contact Gehring Group today. In addition to helping you navigate the insurance market, Gehring Group has resources to assist in your risk management efforts. Business owners who proactively address risk, control losses and manage exposures will be adequately prepared for changes in the market and will get the most out of each insurance dollar spent. r i t r r7 r t z ri s 4 j - � rt 71,E � sl t�,��,I• c Sw 7 r ry.,,ss, ,;l°� 'Is Sc c � ti-.a ,, I ,( l �i�s�� , („7 ,(t'�-. �t: :,t }� � ,t� �, ��.s i5?t �,��-�St !� L:, �.. � ii i(+��,z � , � ti:.t ,�,1,'� t 1 „ k- u 9 1 }}, �,Jr ,�l l q zs�i r „�, .� 1r1 , t i ,y =,t ;-.,7 f, ?=r 'j �� ',Ig,:. t: ,+,�t::{ ii >. s si�.r, :t„r ( t�,.,r(! r!. s( �r'�, h ,(, k(I ,-t 1,s.r ,i ,��i,, t i >i�s�t - x,11 f 1; `.tit l a, rl,�s i,i �.. tt S\ „tr, i,u ,...�.. t.-, �1 ii} r 2 i •.>.i[ �l .,. �� 1, „ ,z, 1 � � t —, � �,_ ( t11�t11�t11�t11�t11�t11�t11�t11�t11�t11�t11�t11�t11� —. .._ )) t r,� � _ l1„ 1) t. 1 t � t (Ali. l Jr � � _s � f t s - € l r_ ' 1s f_ i � s ot M ` ice. It yo ense 11 �rance.1 fesNa sio is # $ Al Exhibit "C" Sample Claims Analysis Summary Report (63) GERING EWOM,GR0UP aaaaaa ,aaaaaaa ,aaaaaaa ,a }t�`��, �X�� = ,,r�z _ i}2 iii ltil, Strategic Risk Action Timetable i Actual Gehring Group City of Boynton Beach Start Complete Responsibility Responsibility Approval 1. Planning Phase/Meeting a. Identify/introduce team members b. Notify carriers and establish meeting date to review open issues c. Establish communication channels through company flowchart d. Secure contact list by location e. Furnish list of all coverage lines and vendors f. Determine scope of project g. Discuss timetable h. Identify information needed to market i. Establish operating standards and response regimes 2. Information Gathering a. Collect policies and loss data [5 years] b. Obtain financials c. Determine missing information d. Request missing information e. Compile information for step 3 Exposure3. Perform a. Determine risk management objectives b. Perform all encompassing risk management analysis c. Visit major domestic locations, perform exposure survey d. Perform exposure survey for foreign locations e. Present exposure survey results to City of Boynton Beach f. Draft/edit/refine risk management recommendations g. Present risk management recommendations 4. Marketing Strategy a. Identify viable markets b. Develop market submissions c. Perform loss forecasting analysis d. Complete market submissions e. Evaluate quotes f. Negotiate contractual provisions g. Present renewal options Page 132 of 600 Actual Gehring Group City of Boynton Beach Start Complete Responsibility Responsibility Approval S. Gehring Group and Carrier Service Plan a. Develop carrier service standards b. Obtain special service agreements with carrier c. Perform loss of cause analysis d. Identify top loss drivers e. Review top loss drivers with City of Boynton Beach f. Review current loss control objectives g. Discuss loss control options with City of Boynton Beach h. Establish Gehring Group service and loss control plan i. Approve/modify carrier and Gehring Group service plans j. Deliver respective service plans to City of Boynton Beach 6. Implementation a. Discuss market selection b. Confirm market c. Secure coverage d. Meet to discuss certificates of insurance needs e. Issue binders, certs, auto ID cards f. Monitor progress of policy issuance and delivery g. Perform contract reviews h. Initiate performance service plan Page 133 of 600 Exhibit "D" Sample Risk Management Action Timetable (64) GERING Cro,GR0UP O O OlOl 10 lo O O E r 31 Ll t .. 10 10 0 L om l � s�� ° m 0)m rn rn rn rn m rn {'f m r- 00 r ''a F {{{ { Ln l m f 4 r O o m 40N Ln � '- I- l0( N m U m r-U��' nr 't I ! ^O tltc l0 00irk $� 4m�t �I�� 44'�ft� 0111 - IOl 4r' N0) 00 m �Ol I O N ei N N Ol it€ r< ,Lfl�rf` l0CD NREM �p 't t 0 m rn I{{, 0 ,n ) m gtr 0 1.0 o � r iN o k SII. , !#'. `,N N�IL O (t0 `� r� N O Ql • r- k'1 O �O l0 N {O Q) ! 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Accordingly, member acknowledges Neither Gehring Group employees or agents shall be liable for losses related to any risk assessment provided. Q E H "' I N G � H R U` U P EMPLOYEE BENEFITS I RISK MANAGEMENT Page 146 of 600 Housekeeping Location: Parks Maintenance - t Downtown Maint. Shed Debris and scattered materials should be removed. Equipment SafetyLocation: Parks Maintenance - �" ( Downtown Maint. Shed \P 1S jf PN tint Safety guards missing from lawn maintenance equipment. tE u,d Page 147 of 600 Safety Location: Parks Maintenance - Downtown Maint. Shed Fluorescent light guard or cover is missing. r Security > d iy f�q r Location: Parks Maintenance - ,rY Downtown Maint. Shed pVpVpV pV Locks missing from outdoor hazardous chemical and fuel cabinets. f � t Page 148 of 600 Security Location: Parks Maintenance Downtown Maint. Shed t 1ft - Gap in shed door should be s � 1, covered by a lock entry late. y Page 149 of 600 Exhibit "G" Risk Management Resource Library (67) GE Rf NG CrolGROUP Gehring s ?,0qelkl CCj500\kl f k U k ce s Ills y � 1 t y, k GEHRING tS ' G R O U P EMPLOYEE BENEFITS I RISK MANAGEMENT iwov`� Page 151 of 600 � � � w Property `� `~��U�Auy Resource Library GehrinQGnDUp Table of Contents s Compliance.....................................................................................................................................................1 State-specific Regulatory Information................................................................................................................ 1 State & Federal Safety Guides -----------------------------------------. 1 Workers' Compensation Statutes....................................................................................................................... 2 Workplace Poster Requirements........................................................................................................................ 2 Frequently Cited OSHA Standards...................................................................................................................... 2 OSHATraining Programs..................................................................................................................................... B Quarterly OSHA Safety 0evvs|etter--------------------------------------- B Regulatory Updates and Compliance BuUetins --------------------------------.. B DOT Checklists -------------------------------------------------. 4 Driver/Carrier Forms........................................................................................................................................... 4 Fleet Safety Reference Materials........................................................................................................................ 4 EducationalMaterials..............................................................~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~5 CoverageInsights................................................................................................................................................ 5 Monthly P&C Pro-File 0evvs|etters--------------------------------------- 5 Presentations...................................................................................................................................................... 5 Risk Insights--------------------------------------------------- 6 ContinuityPlanning............................................................................................................................................. 6 Loss Control 6 ClaimsCost Containment.................................................................................................................................... 7 Checklists ............................................................................................................................................................ 7 Workers' Compensation Resources.................................................................................................................... 7 ManagementLiabilities ...................................................................................................................................... 8 EmployeeCommunications ............................................................................................................................8 Safety Awareness Carnpaigns-----------------------------------------.. 8 EmployeeResources........................................................................................................................................... 8 Playingit Safe Flyers ........................................................................................................................................... 9 TargetonSafety Flyers ....................................................................................................................................... 9 Safety Matters "Toolbox Talks"----------------------------------------.. 9 � � � w Property `� `~��U�Auy Resource Library GehrinQGnDUp Bulletins ............................................................................................................................................................ 1O Safety Manuals ------------------------------------------------. 10 Safety Po|icies------------------------------------------------- 10 ConstantInnovation .....................................................................................................................................11 CyberLiability.................................................................................................................................................... 11 Social Media Risk -----------------------------------------------. 11 Enterprise Risk Management............................................................................................................................ 11 6.B. CONSENTAGENDA 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm Garney Companies, I nc. of Winter Garden, FL and establish contracts in accordance with the Request for Qualifications (RFQ) No. 013-2821- 19/TP for Reclaimed Water Distribution System Progressive Design Build and per Florida Statute 287.055, Consultants' Competitive Negotiation Act(CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. EXPLANATION OF REQUEST: On March 28, 2019, Procurement Services received and opened eight (8) proposals in response to the RFQ for Reclaimed Water Distribution System Progressive Design Build, which were reviewed by Purchasing Services to ensure the proposals met the RFQ's minimum requirements. The proposals were deemed responsive and were forwarded to the Evaluation Committee for review. On May 20, 2019, an Evaluation Committee consisting of Colin Groff, Assistant City Manager/Public Services; Joseph Paterniti, Utilities Director; Christopher Roschek, Engineering Division Manager; and Jose Huertas, Senior Engineer reviewed and ranked the proposals. The Evalutation Committee agreed to short-list the top three (3) ranked firms: Garney Companies, Inc., CDM Constructors, Inc., and Carollo Design Build Group. On June 10, 2019, the top three (3) ranked firms made presentations to the Evaluation Committee, and upon completion of the presentations the Evaluation Committee re-ranked the proposals. The Evaluation Committee was unanimous in their decision to recommend the final ranking and proceed in negotiation a Contract for the first phase of the work with the number one (1) ranked firm, Garney Companies, Inc. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of this request will allow City staff to begin negotiations with the top ranked Progressive Design Build firm, Garney Companies, Inc., to develop a cost for completion of the first phase of the project. As part of the project, the Progressive Design Build firm will assist with the expansion of the existing reclaimed water distribution system to serve additional large use customers within the Utilities service area. The work will include preparation of permit drawings from information provided by Utilities for the expansion of specified segments of the reclaimed water distribution system. Improvements may include the following: storage tank, booster pumping facility, disinfection system, piping, service lines, pressure sensors, flow meters, and associated electrical, instrumentation, and controls. The Progressive Design Build firm will work hand in hand with Utilities staff to manage, design, permit, construct, and implement the projects. FISCAL IMPACT: Budgeted There is no fiscal impact as a result of this approval until a contract for the first phase (along with subsequent phases) has been negotiated with the Progressive Design Build firm, and will be submitted to the Commission for approval. Funding is allocated for this project in the Utilities CIP budget. Page 154 of 600 ALTERNATIVES: Do not approve the recommendation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Final Ranking D Addendum Initial Ranking D Addendum Tabulation Sheet D Attachment Carney Companies Proposal Page 155 of 600 RFQ FOR"RECLAIMED WATER DISTRIBUTION SYSTEM PROGRESSIVE DESIGN BUILD" RFQ No.:013-2821-19/TP SUMMARY OF REVIEWERS SCORES-EVALUATION COMMITTEE MEETING(FINAL RANKING)-6/10/2019 at 1:30 PM QUALIFICATIONS ASSIGNED STAFF PROJECT PAST PERFORMANCE/ TOTALS RANKING OF THE FIRM QUAL&EXPER. APPROACH REFERENCES MAX-20 MAX-35 MAX-35 MAX-10 MAX-100 CAROLLO DESIGN BUILD GROUP C.GROFF 20.00 26.00 25.00 8.00 79.00 J.HUERTAS 20.00 35.00 35.00 9.00 99.00 2 J.PATERNITI 15.00 32.00 25.00 10.00 82.00 C.ROSCHEK 20.00 31.00 31.00 10.00 92.00 TOTAL ALL EVALUATORS 352.00 CDM CONSTRUCTORS,INC. C.GROFF 20.00 20.00 20.00 10.00 70.00 J.HUERTAS 20.00 33.00 32.00 10.00 95.00 3 J.PATERNITI 15.00 26.00 28.00 10.00 79.00 C.ROSCHEK 20.00 31.00 31.00 10.00 92.00 TOTAL ALL EVALUATORS 336.00 GARNEY COMPANIES INC. C.GROFF 18.00 34.00 30.00 10.00 92.00 J.HUERTAS 19.00 33.00 32.00 10.00 94.00 1 J.PATERNITI 20.00 32.00 32.00 10.00 94.00 C.ROSCHEK 20.00 33.00 34.00 9.00 96.00 TOTAL ALL EVALUATORS 376.00 Tabulated by:Taralyn Pratt 6-10-2019 Page 156 of 600 RFQ FOR"RECLAIMED WATER DISTRIBUTION SYSTEM PROGRESSIVE DESIGN BUILD" RFQ No.:013-2821-19/TP SUMMARY OF REVIEWERS SCORES-EVALUATION COMMITTEE MEETING(INITIAL RANKING/SHORTLIST)-5/20/2019 at 10:30 AM QUALIFICATIONS ASSIGNED STAFF PROJECT PAST PERFORMANCE/ TOTALS RANKING OF THE FIRM QUAL&EXPER. APPROACH REFERENCES MAX-20 MAX-35 MAX-35 MAX-10 MAX-100 CAROLLO DESIGN BUILD GROUP C.GROFF 16.00 32.00 32.00 8-00 88-00 J.HUERTAS 20.00 35,00 35-00 9.00 9990 3 J.PATERNITI 16,00 i 33.00 33.00 10-00 92,00 C.ROSCHEK 2000. 31.00 3100 10.00 92,00 TOTAL ALL EVALUATORS 371.00 CDM CONSTRUCTORS,INC. C.GROFF 18.00 34,00 32.00 1090 94-00 J.HUERTAS 20-00 i 35-00 33.00 10-00 98.00 1 J.PATERNITI 18-00 33.00 33.00 10,00 94,00 C.ROSCHEK 20.00 30.00 30.00 10.00 90-00 TOTAL ALL EVALUATORS 376.00 unumAwnumyguffror- - C.GROFF 15.00 25.00 25.00 8.00 73.00 J.HUERTAS 19.00 33.00 33.00 9.00 94.00 7 J.PATERNITI 15.00 28.00 32.00 10.00 8500 C.ROSCHEK 17.00 28.00 28.00 8.00 81.00 TOTAL ALL EVALUATORS 333.00 FLORIDA DESIGN DRILLING CORP. C.GROFF 17.00 29.00 26.00 10.00 82.00 J.HUERTAS 19.00 33.00 33.00 10.00 95.00 4 J.PATERNITI 17.00 30.00 34.00 10.00 91.00 C.ROSCHEK 16.00 24.00 24.00 9.00 73.00 TOTAL ALL EVALUATORS 341.00 GARNEY COMPANIES INC. C.GROFF 18.00 34,00 33,00 10-00 96-00 J.HUERTAS 2090 36-00 34,00 10-00 99-00 2 J.PATERNITI 15,00 29.00 13000 10.00 84-00 C.ROSCHEK 20.00 33.00 34.00 9.00 96-00 TOTAL ALL EVALUATORS 374.00 REYNOLDS CONSTRUCTION,LLC dba REYNOLDS CONSTRUCTION OF FLORIDA,LLC C.GROFF 16.00 28.00 29.00 6.00 79.00 5 J.HUERTAS 18.00 32.00 32.00 8.00 90.00 J.PATERNITI 18.00 32.00 34.00 10.00 94.00 C.ROSCHEK 16.00 25.00 25.00 8.00 74.00 TOTAL ALL EVALUATORS 337.00 RIC-MAN CONSTRUCTION FLORIDA,INC. C.GROFF 16.00 28.00 27.00 8.00 79.00 J.HUERTAS 20.00 35.00 33.00 9.00 97.00 6 J.PATERNITI 15.00 28.00 30.00 10.00 8300 C.ROSCHEK 16.00 25.00 24.00 10.00 75.00 TOTAL ALL EVALUATORS 334.00 RIC-MAN INTERNATIONAL,INC. C.GROFF 16.00 26.00 26.00 8.00 76.00 J.HUERTAS 19.00 34.00 33.00 9.00 95.00 8 J.PATERNITI 15.00 30.00 30.00 10.00 85.00 C.ROSCHEK 16.00 25.00 25.00 9.00 75.00 TOTAL ALL EVALUATORS 331.00 -j Tabulated by:Taralyn Pratt 5-20-2019 The(3)three highest ranked firms have been shortlisted and will be invited for Oral Interviews/Presentations CDM Constructors,Inc. 1ST Gamey Companies Inc. 2ND Carollo Design Build Group 3RD Page 157 of 600 zz - E - - - |t �j }\ \ \ f : � } > \\ { \} djE/ \ jE /, / j / / / - - - - : 0 O . / S o m _ - - > > > LO_ ¢ -- _ 2 -- - n 11 zw !§ \Q /} ! \ \ �\:}} lw /j:\\ _ / �$ E Z > zw - §§/\}) �Z : lw--Z I oZ- \(\\ / $ \ \ :: \ :j : \ : : \ _ \ \ : WW WW : : \! \\ Iz \ WO zo w 11 ( z 1 \t -6 oz \ - \ ! _ - } ( \ \{ \\\ \ \\\ \ \\\ \ \ \( \ }\ \ \\ \ \ \ \\ \\ \\ „ ,,, t ,:: : z:J : > z: : :z } z z: i i�; :: :: :: O - O - : S � � o m LO _-- - - ¢ < : 2 - - 2 ZO lw } \ff E }; ; \ (ww \ \\ z \ 02 Z ( WO -° I } ) \ \ (} ( (:E( _ zw }() \(>\ ( }} ) :- / off 0 WO Im SUBMITTED BY: GARNEY COMPANIES, INC. 370 E CROWN POINT ROAD WINTER GARDEN, FL 34787 �arney TABLE OF CONTENTS LETTER OF INTEREST SUBMITTAL OF GENERAL INFORMATION AND PROCUREMENT FORMS AND DOCUMENTS Proposer Acknowledgement �i j �. FIRM'S QUALIFICATIONS '' Proposer Qualification Statement Addenda Acknowledgement Anti-Kickback Affidavit Non-collusion Affidavit of Respondent QUALIFICATIONS OF PROJECT TEAM AND AVAILABILITY OF SPECIALTY Confirmation of Minority Owned Business RESOURCESScrutinized Companies Certification Palm Beach Inspector General Acknowledgement Local Business Status Certification APPROACH, DEMONSTRATED SKILL Statement of Non-Submittal (if applicable) SET, AND INNOVATIVE IDEAS THAT Schedule of Sub-Progressive Design Build Teams WILL BE USED TO ADDRESS THE Florida Professional License and Business Permits SCOPE OF WORK Proof of Liability Insurance i J CREATIVITY AND INNOVATION IN PROJECT APPROACH AND SOLUTION SELECTION OPTIONS REFERENCES - PAST PERFORMANCE Page 161 of 600 Carney LETTER OF INTEREST Page 162 of 600 qA:L,je 370 L Crown Point Road PH:407.077.5903" V\tinter Garden,FF 34707 WWW.GARNEY.COM CITY OF BOYNTON BEACH, FL RE: RECLAIMED WATER DISTRIBUTION SYSTEM PROGRESSIVE DESIGN BUILD { City of Boynton Beach//Procurement Services ATTN.• Taralyn Pratt,Contract Coordinator 3301 Quantum Boulevard,Suite 101,Boynton Beach,FL 33426 Dear Ms. Pratt and Selection Committee Members, Implementing a project of this scope and complexity will rely upon the experience and capabilities of a knowledgeable and trusted team. As your Design-Builder, Garney Companies, Inc. (Carney) will integrate all services and activities into a single point of responsibility to successfully expand the City of Boynton Beach's (City) reclaimed water distribution system. Our statement liicin demonstrates we are the best team to deliver the vision and full value of the design-builddelivery 1. Below are the keys reasons our team will achieve project success. 7l,it,'s7S1 h"[' I it,i.i7114,, 1I" The makeup of our team is focused on each individuals' experience successfully delivering design-build projects together. Garney has partnered with Holtz Consulting Engineers, Inc. (Holtz) and CES Consultants, Inc. (CES) to lead all facets of the permitting and design requirements. Both firms are local and Small and/or Minority/Woman Businesses, located less than 30 miles from the City. rn 's history usingesi - it eliver 106 pipeline andstations projects worth $2.18113 will provide benefit tote project by effectively implementing the desi - it ress,finding efficiencies in the budget and schedule,and providingcontinual collaboration with the City. '1.h 1 71'1 t'".1 1 s I ` (`,f,�1 s t h S Garney has five pipe crews in Florida and 28 pipe crews in the Southeast.These crews will be utilized to meet the City's deadlines.That,coupled with parallel design support teams, provides a structure to deliver multiple locations at one time. All design and construction will be led by Dan Smolik as Design-Build Manager,who will serve as the single point of responsibility. Dan brings 22 years of experiencesolely in water and wastewater utility infrastructure in Floridaas managed 11 collaborative eliverprojects. 1,Af h,I,11�1I , Public engagement and maintenance of traffic (MOT) are the cornerstones to the success of a linear project. The Garney team will spearhead all efforts as we engage the community in developing solutions around their functions and needs. Public Relations Manager, Sharon Merchant, will integrate these items throughout the planning, design, and implementation phases. The outcome will result in a project that includes a community perspective. Our construction approach will focus on always putting safety first,minimizing disruptions,executing an effective MOT plan,and controlling s n noise to be good neighbors tot the residents,businesses,and surrounding community. The Garney team submits this statement of qualifications as a personal commitment toward the success of the project. Our resources are immediately available to begin an active partnership with the City. We acknowledge receipt of Addendum 1, dated March 20, 2019. Respectfully submitted, Garney Companies, Inc. V Federal ID Number: 44-0658613 370 E. Crown Point Road, Winter Garden, FL 34787 V Telephone: 407.832.2291 Daniel R.SmollikDirector of PipeOperations Single PointContact Page 163 of 600 Carney FIRM ' S QUALIFICATIONS Page 164 of 600 � ` C FIRM'S QUALIFICATIONS NATIONAL LEADER DESIGN-BUILD TEAM OVERVIEWWITH A LOCAL FOCUS Garney will serve as the Design-Builder overseeing all project activities and leading all construction services. As your Design-Builder, Garney will be your single paint-of-contact. We will integrate all services and activities into a single paint-of-responsibility to successfully design, permit, and construct improvements, ensuring success for the City's project. CONTRACTOR IN WATER TRANSMISSION LINES Holtz Consulting Engineers (HCE) will serve as the lead design firm. (ENR 2018) Founded in Palm Beach County in 2006, HCE is a certified small and GARNEY RANKED' minority business enterprise firm specializing in providing efficient and cost-effective utility engineering services to clients in South Florida. FOR 9 YEARS IN A ROW It's staff is experienced at providing design solutions for all phases of reclaimed water production, storage, and delivery. 286 This structure is supplemented by our key specialty subconsultants COLLABORATIVEDELIVERY and highly-qualified small business enterprise (SBE), minority business PROJECTS NATIONWIDE' enterprise (MBE), and woman-owned business enterprise partners (WBE). 110. COLLABORATIVE'DELIVERY PROJECTS IN FLORIDA KEY FIRMS AND QUALIFICATIONS Garney has assembled a design-build team that brings a depth of resources, expertise, and familiarity working on comparable design-build potable water and stormwater distribution system LF OF PIPELINE INSTALLED projects. SINCE 2004 ~� Leveraging this experience, our team offers the City unique insight from previous distribution pipeline 0.49 work to maintain service, reduce public impact, and meet the City's 201B EMR RANKING—SAFETY IS schedule—directly related qualifications and experience to make this OUR#1 PRIORITY a successful project. Our team is assembled around specialists assigned to each critical project task to examine challenges from various perspectives,with each team member bringing particular skills and expertise to the MAN-HOURS OF WORK project. SELF-PERFORMED IN 208 - Pace 165'o GARNEY CONSTRUCTION HOLTZ CONSULTING DESIGN-BUILDER LEAD DESIGN ENGINEER Garney is a 100%employee owned construction . company servicing the public, private, Federal, and industrial sectors. We specialize in water and 4iED wastewater piping systems,treatment facilities, C]�J pump stations, and storage tanks .,. Virtually Their experience includes five collaborative every type of pipeline, material and installation delivery projects in Florida. HCE's engineering configuration has been constructed by our firm. expertise includes reuse water production, storage Our crews bring experience constructing pipelines and distribution systems;wastewater collection/ ranging in size from 4"to 147"and with a variety of transmission,treatment, reuse and disposal;water materials including DIP, steel, concrete, HDPE, PVC, treatment, storage and distribution; pump station and fiberglass. This Florida-specific experience allows design and rehabilitation; master planning and us to understand the needs of the City's reclaimed capital improvement planning; and water resource water distribution system improvements project management and alternative water supply. through lessons learned with comparable projects. PROVEN PERFORMANCE- PROVEN PERFORMANCE- 58 ERF RMANCE-58 years of experience specializing in self- Design, permitting,and construction performing construction of utility infrastructure, administration for approximately 59,000 LF of including 153 pipeline projects in Florida alone 6"to 12"water mains in existing residential and commercial neighborhoods National leader in water and wastewater projects with experience on 286 collaborative delivery Recent experience with lift stations includes the (design-build, ro ressive design-build, design and permitting for the rehabilitation of projects P g and CMAR) totaling over$4.3B+ over 100 lift stations within Palm Beach County Ability to self-perform construction reduces cost In the last five years, HCE has completed and schedule impacts the design of over 16 miles of new water main distribution piping with new services to E xperience on 115 pipeline and pump stations approximately 1,200 residences design-build projects worth $1.313 Designed and constructed four ground storage � Resume includes installation of 2,700+miles of tanks with a total capacity of 7 MG for local pipe since 2004,with 360 miles in Florida alone utilities in last five years Benefit to the City: Our previous Florida Benefit to the City:As an SBE/MBE founded and nationwide collaborative delivery experience in Palm Beach County HCE has a vested interest leading Owners through the process provides in the water infrastructure of South Florida; the City with high confidence in our ability to and offers the City a team of responsive experts successfully expand the City's existing reclaimed skilled in all design and permitting services water distribution system in line with your goals required to successfully expand the City's and objectives. ' distribution system. —2-2— Page 166 of 600 CES CONSULTANTS (CES) THE MERCHANT STRATEGY (TMS) MIL/ROADWAY/MOT;CBI PUBLIC €JT BA 9 CES is a state of Florida MBE TMS is a W/SBE located in West full-service engineering firm MBE Palm Beach, FL.CERTIFIED founded in 2001 that provides , CIiRTIFIED professional engineering services to municipal clients. , TMS provides public relations, marketing, CES has been involved social media and creative website services to in some of the largest infrastructure improvement complement government and public outreach projects in South Florida. projects, and has successfully provided public outreach services for numerous projects for the City. PROVEN PERFORMANCE- PROVEN PERFORMANCE- Experience in design and construction Extensive expertise in public involvement, administration of water/sewer utility projects government relations, project management,crisis ranging from 6"-to 96"-diameter piping management,social media,event production,and networks, pump stations,drainage modeling,and media outreach master planning Technical skills include creative graphic and 250,000 LF of water main pipes installed website design,event promotions,and full-scale media and marketing activities Extensive roadway improvement experience and well established working relationships with the Extensive experience working with the City of Florida Department of Transportation (FDOT) Boynton Beach Participated in important infrastructure projects Successfully engages the public via social media for numerous governmental agencies, platforms,such as Facebook and Twitter, allowing for cost-effective communication to Experience with the City of Boynton Beach, targeted audience Miami-Dade Water and Sewer Department P Successful experience managing project websites (WASD), Broward County,the City of Miramar, to keep public aware of project updates the South Florida Water Management District (SFWMD),City of Miami Beach � Benefit to the City: With similar South A. Benefit to the City:With proven successful Florida project experience, CES brings public outreach experience with the City and understanding and application of successfully numerous South Florida clients,TMS will create managing common utility upgrade challenges and implement a public involvement',plan that such as regulatory approvals and complex MOT appropriately manages local expectations and plans within highly urbanized areas. minimize inconveniences for the local community. ' —2- — Page 167 of 600 BAILEY ENGINEERING (BEC) TIERRA SOUTH FLORIDA (TSF) ELECTRICAL/INSTRUMENTATION GEOTECHNICAL Located in Cooper City, FL, BEC is a SBE TSF is a fully certified FDOT DBE and consulting/engineering firm providing SBE Palm Beach County certified SBE ID electrical and SCADA system designs that provides a complete range of for water and wastewater projectsL:7� geotechnical services. Their services throughout Florida. Throughout their include laboratory testing and analysis 25-year history, BEC has consistently demonstrated of soils and rocks, pavement evaluations and design, our ability to meet client schedules and budgets. deep and shallow foundation analysis and design, site preparation recommendations, slope stability analysis, corridor studies, unknown foundation evaluation, and soil reinforcement. PROVEN PERFORMANCE- PROVEN PERFORMANCE- Local E F MA CE-Local firm that has completed over 100 water/ Successfully completed 150+ FDOT projects. wastewater engineering projects throughout the state of Florida Complete 350+ projects every year Benefit to the City: Local South Florida Benefit to the City: Local South Florida engineering firm with proven experience DBE SBE that has worked on $2B worth of + providing electrical and I&C services for water design build projects, and offers City a depth of and wastewater distribution projects. successful collaborative experience. ENGENUITY GROUP INFRAMAP EASEMENT ACQUISITIONS/SURVEY SUBSURFACE UTILITY ENGINEERING (SUE) Engenuity Group is a local South With offices in West Palm Beach and Miami Gardens, Florida MBE/SBE certified FL InfraMap has performed some of the largest utility surveying and mapping firm. Their mapping and test hole projects. Their local team of professionals perform topographic professionals collect utility infrastructure data in the surveys, construction layout, and as- field using sophisticated geophysical techniques and built and hydrographic surveys using state of the instrumentation (including Electromagnetic Locating art survey equipment, in compliance with Florida Equipment, Ground Penetrating Radar, GPR),with Administrative Code Chapter 5J-17.050(10). They automated data collection gear and state of the art have provided land surveying services for numerous survey equipment. Mapping will be delivered in the South Florida clients. City's preferred format. PROVEN PERFORMANCE- PROVEN PERFORMANCE- Currently ERFORMA CE-Currently performing Professional Land Surveying Has performed locating and SUE Services for Services for Cities of Boynton Beach, Pompano FDOT District 4 and District 6 since 1995 Beach, Delray Beach,and West Palm Beach Benefit to the City: Familiarity with City staff, ;tt Benefit to the City:Will correctly map utilities standards, and procedures resulting in efficient during design to expedite schedule and reduce workflow and successful project deliverables. change orders and overall construction costs. —2-4— Page 2-4— Page 168 of 600 COLLABORATIVE DELIVERY EXPERTS READY TO ACHIEVE YOUR PROJECT GOALS ...... i Collaborative delivery requires a partnering mindset, ability to think project-first, and the flexibility to change course when necessary. Our resume includes 110 collaborative delivery projects in Florida totaling more than $769M. This experience has allowed us to continuously improve our approach and execution of each new project providing the City confidence in our teams ability to serve as their trusted partner and lead this important project. Below is a sampling of our team's relevant collaborative delivery experience. SELECTED RELEVANT COLLABORATIVE DELIVERY EXPERIENCE Vista Ridge Water Supply Project, San Antonio, TX $540M 4/2020 [est.] Lake Texoma Outfall.to Wylie WTP Pipeline, Wylie, TX $281.4M 7/2014 Bois dArc Lake-Raw Water Pipeline&Leonard WTP to McKinney No.4 Treated Water Pipeline, Leonard, TX $279.11M 212021 [est.] Trinity River Main Stem Pump Station&Pipeline, Rosser TX L'1'1`,")d,( $102.8M 2/2019 Sabine River Pump Station Project, Orange, TX $53.0M 6/2020 [est.] Cross County 30"Transmission Line and High Service Pump Station, Caldwell, TX $42.5M 7/2011 48"Water Transmission Main for Area N, Kendall,FL $37.2M 10/2019 [est.] Doby Creek and Little Sugar Creek Tributary to Fairview Road Sanitary Sewer Improvement, Charlotte,NC 1"; $30.1 M 8/2019 [est.] River Oaks Diversion Project, Tampa, FL $28.5M 10/2019 [est.] Honey Creek Pump Station, Litbo&a, 6A W191 $24.4M 12//2017 Gravity Sewer System Rehabilitation Replacement and Construction- Package 3, Decatur, 6A $23.0M 5/2020 [est.] Smith Mountain Lake WTP Pipelines-Contracts A, B,C, D,and E, Bedford VA OB $15.OM 5/2017 CIAC Segment 1, Tampa,FL i`"iia $12.7M 9/2010 Richland Creek Reservoir Raw Water Pipeline, Pallas, 6A OB $11.6M 5/2017 City of Tampa UCAP 12th Street Force Main, Tampa,FL i:",f iia $10.3M 10/2009 NACSAC Transfer Pipeline,Kingsport, TN OB $9.9M 4/2019 [est.] East Transmission Mains Phase 1, Nashville, TN $6.7M 4/2019 [est.] Marks Street/Pasadena Place Utility Improvements, Ortal7do,F1 $6.4M 10/2017 Honey Creek Force Main&Gravity Sewer Improvements Project, Lithoflia, 6A $6.0M 1012018 Perry Street Interim Diversion Facility Emergency Project, Tampa,F1 $5.1M 6/2018 Northeast Boundary Tunnel Project, Washington,DC $4.7M 1112018 —2-5— Page 169 of 600 SELECTED RELEVANT COLLABORATIVE DELIVERY EXPERIENCE Downtown Water Main Phase A, Tampa,F1 $4.4M 1012010 Irvins Creek Tributary Trunk Line, Mint Hill,NC $3.5M 9/2019 [est.] West Central Boulevard Gravity Sewer Roadway Utility and Streetscape— Phase 1, Orlando,F1 [11B $3.4M 1/2017 BFN Cooling Tower Lift Pump Bearing Lube Water Pump Station,Athens,FL [",F"I $2.1M 5/2019 [est.] West Central Boulevard Phase 2-OUC Duct Bank, Orlando,F1 OB $2.1M 7/2017 Villages Water Conservation Authority Irrigation Pump Station No. 10, The Villages,FL $2.0M 7/2009 SWCA Irrigation Pump Station No.5, The Villages,F1 $1.6M 8/2014 Villages Water Conservation Authority Irrigation Pump Station No.8, The Villages, FL $1.6M 4/2008 Sumter Water Conservation Authority No. 1 Irrigation Pump Station, The Villages, FL $1.6M 8/2012 SWCA Irrigation Pump Station No.4, The Villages,FL $1.6M 1/2014 Adjacent to CIAC Segment 1, Tampa,F1 01 0 $1.5M 6/2010 Brownwood Irrigation Pump Station No.6, The Villages,FL $1.5M 6/2012 Sumter Water Conservation Authority No.7 Irrigation Pump Station, The Villages, FL OB $1.4M 1112012 P&DC-Storm Drain Pipe Rehabilitation, Orlando,FL [",F"I $1.2M 1212010 UCAP Task Order#12 CIAC 29th Street Overlap, Tampa,F1 OB $1.0M 7/2009 Kingfisher Golf Course Irrigation Pump Station, The Villages,FL [",F"I $685K 4/2009 Fairwinds Golf Course Irrigation Pump Station, The Villages,F1 OB $585K 3/2009 Colony Golf Course Irrigation Pump Station, The Villages FL $560K 1/2014 Bonifay Golf Course Irrigation Pump Station, The Villages, FL $552K 9/2011 Bette Glad Golf Course Irrigation Pump Station, The Villages FL $532K 1/2014 Evans Prairie Golf Course Irrigation Pump Station, The Villages,F1 [11 $458K 5/2012 Big Cypress Golf Course Irrigation Pump Station, The Villages FL $412K 4/2012 Reedy Creek MK Lift Station#7 Odor Control System, UayLake,F1 $251K 812011 PSC Metals Stormwater Improvements,Nashville, TN $238K 1012012 UCAP Downtown Water Main Phase C, Tampa,F1 01 0 $185K 9/2010 Mira Mesa Golf Course Pipeline, The Villages,FL $89K 812008 —2-6— Page 170 of 600 Having helped owners execute 286 COLLABORATIVE DELIVERY projects, Garney brings the expertiseto foster WEST CENTRAL BOULEVARD GRAVITY SEWER,ROADWAY, UTILITY,AND STREETSCAPE • • Design and construction to upsize existing gravity sewer system to provide additional capacity • • • » Removal and replacement of "'�' •" 2,700 LF of 8"gravity sewer with 1,488 LF of 18"and 1,270 LF of • • • • •�+ •tip • .•�••••• 21"diameter PVC sewerlines • • •, • � • •ate• •, New roadway,landscaping, •'• • „• `' • • lighting,traffic signals,and • • • �� • ` concrete curbing • • • • CA, l UTILITY CAPITAL IMPROVEMENT • •, PROJECTS(UCAP) TAMPA,FL � $250M water and wastewater infrastructurene ram ro designed P g to improve reliability and service by replacing the City's aging water I10 and wastewater pipelines ' Florida Progressive , an Projects MOT for 24/7 access to residents Pipe Relocation and Installation In Urban Environment and businesses,as well as public outreach Upsizing Existing Distribution Systems F Exceeding Client MBEISBEIWBE Goals MARKS STREET/PASADENA PLACE UTILITY IMPROVEMENTS ��t�"" Construction with FlOrldaOIISILand Conditions Experience with FDOTIFDEP Permitting Relocation/replacement of 2,470 LF of existing 6"to 20" potable water mains and upsizing esi nlConstruction in Multiple s 2,130 LF of existing 8"and 10" Maintaining Roadway Access During Construction gravity sanitary sewer Traffic control and maintain Developing/implementing intensive Safety Programs resident/business access Construction in Highly UrbanizedArea Complete road demolition and reconstruction Effective Public Outreach Plans » Exceeded City MBWE goal of 18% � —achieving 23% Complete Road Demolition and Reconstruction -2-7- Page 171 of 600 Oil/Ieoiahal3 1 1 1 1 1 1 V1 juel 1 1 abeaolSpunoao umlels dwnd 40 40 40 40 40 40 uohempu1 1 1 1 1 4 40 1 1 40 1 1 1 1 1 1 1 I�eMpeoa ril l� leuoi�aaaio low 40 40 40 40 40 40 40 40 .0 40 40 40 40 40 40 40 40 yoeaalno oilgnd! 4* 4 r 4 r 4 r 4 r 40 r 4 r 40 6ui31I'J 4 4 4 4 4040 4 leulawuonu3 /aaleM eaatluegan', 4e 40 40 40 40 40 rig 'h(,�rvirt�ur�i h(,�I11�� test ao Itli�S}Gst it S£ 1�� t� - � p s t1rtV�i ��Vit£' E o f3 s,,>i ,ru r�Ssil i � p - v � .t Sr (I it£ s401 97o 0 0 0 0cD r G� ", 'r�V o 0 0 0 0 0 o NZF rjlr�', o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ��r t t IC r4ia� � s v S4i��t��jli�ri�tri13�tf4�ri{4sr��>S o 0 0 a E o '......... ro c a, 71 110, a m m.... v `a a _ C�!......... v i v yam'• o LU E2 ¢ mE2mw �O ~ CL" y a, g I ww LU v LU O c z ia E E a `1 LLAo Eca o m 1� oil/Ie3!al3813 1 1 1 1 � �1Ifuel abeiolSAunoig 40 umlejS dwnd 4 4 M uolleaolsall hi i�d 11.aU loW 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6uil�!waad leulawuoai�u3 � � � � uiew paulleloaa paleM _ -7�t ll�I� il, tti tSi�}}iii£si S s�`I i o its��i o i t I n o 0 o p _ ZZ ZIZ ZZ yrs, t ME o o o o ii l�q il(ss�sy��Il(i4.s££41 � o 0 o y t, r Q d Q m m R ww— R EU E o ¢ c U R c > EE2o o m E m m 1w wm 76E WEST CENTRAL BOULEVARD GRAVITY SEWER, ROADWAY, UTILITY, AND STREETSCAPE 5 (,F"N"! 113 )]1 ORLANDO, FLORIDA ° 1.Client Name/Owner's Representative name, address,phone number,and email: City of Orlando; Mike Melzer, Project Manager, 400 South Orange Avenue,Orlando, FL 32802 i � ASTel:407.246.3187-1� r [mail: michael.melzerOcityoforlando.net r 2.Name and Location of the Project. f Description of the scope of work: a West Central Boulevard Gravity Sewer, Roadway, Utility, and Streetscape,Orlando, FL Fir Project description detailed to the left. k1k t 3.Role your company provided: Garney-Design-Builder Garney was selected as the design-builder for the upsizing the Key personnel involvement: existing gravity sewer system to provide additional capacity for the Dan Smolik-Senior Project Manager City of Orlando's new major league soccer stadium. The project wasRyan it -Safety Manager executed in three phases including: 4.Date project was completed or is anticipated to be PHASEI:This required removal and replacement of 2,700 LF of 8" completed:12/2018 gravity sewer with 18"and 21"diameter PVC sewer lines, including 5.Size of project(gross square feet of construction): 22 new manholes and laterals. 205,000 square feet This involved installation of stub-out service lines for future 6.Original Owner Budget vs.Final GMP: developments along West Central Boulevard, a highly traveled $11,578,851 /$10,498,446 thoroughfare. Garney crews bypassed existing sewer flows 7.Savings achieved through Value Engineering or and implemented a sequenced maintenance of traffic plan to other approaches:$1,080,405 close segments of the roadway. Detours were provided for 8.The percentage of the GMP for General Conditions, both pedestrian and vehicular traffic. Restoration included Profit and an Overhead: 13% removal and salvaging of brick roadway for the City's future use. 9.The total amount of approved Change Orders added to the Original GMP: $0-Change orders were paid through contingency established within the GMP. GMP value was PHASE :This project included installation of 2,100 LF of 6-way and never increased. 3,550 LF of 4-way underground 6"schedule 40 PVC duct bank 10.The dollaramount of fees for Pre-Construction within W. Central Boulevard. The project is the second phase of Services: $487,025(included design services to 100%) the W. Central Boulevard design-build project to prepare the right- 11.The dollar value and the percentage of the of-way (ROW) for Streetscape by relocating the overhead power final GMP awarded to and performed by local to underground facilities. The duct bank system included 8EA subcontractors(of any tier)and SBE subcontractors 15'x 7' precast electrical manholes, multiple electrical stub-outs, (of anytier):Local: $273,264/3%; Minority or Woman transformer pads for transfer of electrical service to businesses Business: $3,510,828/38% along the project route, as well as paving. 12.Present status of the project: Construction Completed PHASE :This included new roadway, landscaping, lighting,traffic signals, and concrete curbing. -2-10- Garne of 6 WEST CENTRAL BOULEVARD GRAVITY SEWER, ROADWAY, UTILITY, AND STREETSCAPE ORLANDO, FLORIDA • Design and construction to upsize existing gravity sewer • Vehicle and pedestrian MOT for heavy traveled roadway system to provide additional capacity • Removal and salvaging of brick roadway • Completed under design-build delivery method . New roadway, landscaping, lighting,traffic signals, • Project cost greater than $1 M concrete curbing • Installation of stub-out service lines • Public outreach Relevant Qualifications to the City's Project TECHNICAL ASPECTS Pipeline I c to Removal and replacement of 2,700 LF of 8"gravity sewer with 1,488 LF of 18"and , 1,270 LF of 21"diameter PVC sewer lines, as well as 22 new 48"and 60" manholes and laterals. Utilities: Project included relocating the overhead power to underground facilities. k Q COMMUNITY IMPACTS MOT-Garney provided MOT for 24/7 access to residents and businesses. Detours were provided for Cy rney was selected s the design-builder both pedestrian and vehicular traffic. for this three-phased project to upsiz°the City's existing gravity sewer system. Maintaining Access for the Public:Garney waiiilcoordinated directly with businesses and government �� buildings along the Boulevard to maintain access during ,i��:, isoconstruction. This included burial of dewatering and j ;,bypass piping at driveway crossings and coordinated � , � � . utility installations during off-peak business hours. ��} U PROJECT DELIVERY Final s i 8 The final phase of this project included rebuilding roadway,sidewalk/curb, installing new streetlights,trees,fence, and rebuilding 4' the entire ROW for the length of the project. Meeting ssi Schedules:Garney completed Cyrney provided MOT for 2417 access Phase 1 under an aggressive schedule to meet the to residents and businesses, as we// soccer stadium's home opener. Upon completion,the s public outreach services daring final contract value was nearly 15/below budget. construction. —2-11 — Page 175 of 600 MARKS STREET/ PASADENA PLACE UTILITY IMPROVEMENTS ORLANDO,DO, FLORIDA r r- tea' 1.Client Name/Owner's Representative name, address,phone number,and email: tINK City of Orlando - Kristi Fries, Project Manager h, 400 South Orange Avenue,Orlando, FL 32802 h 'lTel:407.246.3353; [mail: kristina.fries0cityoforlando �, terrix tri 5 t,»tat, 2.Name and Location of the Project. �t ,`'° MasksltrStreet/Pasadenion of the aePlae of coeUkility Improvements, Orlando, FL s Project description detailed to the left. 3.Role your company provided: This project involved design and replacement of the existing sanitary Garney—Construction Manager sewer collection system and the relocation of the potable water Key personnel involvement: distribution system located within the Marks Street right-of-way Dan li —Construction Manager from Orange Avenue to Mills Avenue. Will Poczekaj— Project Manager Garney was responsible for preconstruction and construction Ryan Smith—Safety Manager efforts on the installation of 4,600 LF of 8"and 10"gravity sanitary Humbertol Cid-Superintendent sewer,the replacement of 19 existing sanitary manholes, and 4.Date project was completed or is anticipated to be replacement of all existing sanitary sewer laterals. completed:10/2017 Stormwater improvements involved replacement of the drainage 5.Size of project(gross square feet of construction):118,000 square feet system and storm sewer improvements included the replacement (upsizing) of 990 LF of existing 12"and 18" reinforced concrete 6.Original Owner Budget vs.Final GMP: pipe. One challenge was an existing cast iron force main located in $5,325,965/$6,311,207 close proximity to the proposed sewer line; it was believed that this 7.Savings achieved through Value Engineering or force main was installed prior to 1947. Dewatering coordination other approaches:$N/A with Lake Highland Preparatory School as well as other local 8.The percentage of the GMP for General Conditions, businesses was imperative. Profit and an Overhead:12.8% �� r �9 r rt& 9.The total amount of approved Change Orders added ��r a t ,, '1", &, `,,s,, ,,, 0 r,""Yt �, ,, "� ,t< t, , _ y �� to the Original GMP:16*—Owner initiated changes to {„t�,o ,t ,� 0 ,� N�„ �:�f„ „r„ �, 0 ,:�r the construction phasing,addition of complete roadway It,”, :,n, e, I��,.2 r�.,Cs La,., i� 3 g��£,a -0 reconstruction,addition of storm sewer improvements Each phase was completed with services transferred to the new and repairs,addition of abandoned utility investigation mains and restoration complete before moving to the next phase. and removal,and significant outside party cooperation This project required a large amount of redesign dealing with utility and redesigns of the existing utility conflicts. conflicts not discovered during design. 10.The dollar amount of fees for Pre-Construction Services:$50,000 Preconstruction efforts involved value engineering, a cost estimate 11.The dollar value and the percentage of the based on 100% plans,work packages for soliciting subcontractors, final GMP awarded toandperformed bylocal public information meetings, accepting bids from subcontractors subcontractors(of any tier)and SBE subcontractors and developing a GMP. Garney,the Engineer, and City worked (of any tier):$1,001,301 /16% closely together with business/property owners,to either maintain 12.Present status of the project: access or provide an alternative access route additional time to Construction Complete secure easements for the pipeline corridor. —2-12— Page 176 of 6 MARKS STREET/ PASADENA PLACE UTILITY IMPROVEMENTS � ORLANDO,DO, FLORIDA • Design and construction to upsize existing gravity • Vehicle and pedestrian MOT for heavy traveled roadway sanitary sewer system to provide additional capacity . Construction in highly urbanized area • Stormwater system improvements to improve drainage . Traffic control and maintain resident/business access • Completed under CMAR delivery method • Complete road demolition and reconstruction • Project cost greater than $1 M • Exceeded City MBWE goal of 18%—achieving 23% Relevant I Project 1( , TECHNICAL ASPECTS ® F Pipeline Replacement: Relocation and replacement of 2,470 LF of existing 6"to 20" potable water mains and upsizing 2,130 LF of existing 8"and 10"gravity sanitary sewer. k Utilities: Project required a large amount of redesign ;° dealing with utility conflicts not discovered during design. ' 0 COMMUNITY IMPACTS Extensive 8 Construction broken into fourteen phases to maintain traffic through several major FDOT intersections, as well as to provide access to all businesses without interruption I would l r through outconstruction. �lx � r�lx � your outstanding performance Maintaining Access for the Public: Bypass pumping duringrecent road construction was complex at intersecting main locations where six pump setups with hundreds of feet of discharge were in front maintained along with driveway ramps to provide a lantasticJobcommunicating, resident and business access. planning, and coordinating the U PROJECT DELIVERY access to my office during Final s i 8 Construction in construction phases. I could notr highly urban area with some areas requiring special have been e pleased construction techniques for removal/reconditioning �. ,', of the roadway brick. Meeting iGoals:This project was completed successfully on schedule and met the 23/MWBE participation goal. -2-13- Page 177 of 600 PERRY STREET INTERIM DIVERSION FACILITY EMERGENCY PROJECT 1P�1 �O 55 1 5 ( '13Ul TAMPA, FLORIDA 1.Client Name/Owner's Representative name, address,phone number,and email: a a. City of Tampa Charlie Lynch,Chief Engineer 2545 Guy N.Verger Boulevard,Tampa,FL . - Tel: 813.274.8916; ov.net. Email: CharlieL nch@tam a ,� r, x g ,� .• Y p 9 ,' re 2.Name and Location of the Project. I ��, Description of the scope of work: ' Perry Street Interim diversion Facility Emergency Project,Tampa,FL Project description detailed to the left. Garney was selected to serve as the design-builder for the City of 3.Role your company provided: Tampa's progressive-design build Perry Street Interim Diversion Garney-design-Builder Facility Emergency project. Phase I included preconstruction services Key personnel involvement: including pipeline route selection,geotechnical services,subsurface Dan Smolik-director utility investigation,pre-application meetings with permitting,surveying, Kevin Kraus-Project Engineer 30%design,and construction cost estimating. Humberto Del Cid-Superintendent Ryan it -Safety Manager Garney was selected to serve as the design-builder for the ark Kelly-Preconstruction Coordinator installation of 9,900 LF of 20" PVC sanitary force main with 8,350 LF of the pipe installation completed using horizontal directional drilling 4.Date project was completed or is anticipated to be methods to minimize asphalt surface restoration and allow for completed:6/2018 minimal impacts to residential driveways. The remaining 1,250 LF of 5.Size of project(gross square feet of construction): pipe installation was completed using traditional open-cut methods. 350,100 square feet The new force main connects to an existing force main via a tapping 6.Original Owner Budget vs.Final GMP: sleeve and valve. Flows are conveyed through the new force main $5,196,213/$5,067,229-Garney completed this via a skid mounted pipe and mechanical piping constructed at the project$128,984 under budget. existing Perry Street Pump Station. The project also required 25 MGD of bypass pumping, 1,500 LF of dewatering, and paving. 7.Savipproacngs ies:$128ved oughValueEngineering or other approaches:$128,984 The pipeline route located within city right-of-way which is primarily g.The percentage of the GMP for General Conditions, residential areas which required permitting and traffic detours Profit and an Overhead:17% during the execution of work. Considerations were taken during the 9.The total amount of approved Change Orders added pipeline installation to minimize impacts to residential driveways. to the Original GMP:$0-Change orders were paid through contingency established within the GMP. GMP value was never increased. 10.The dollar amount of fees for Pre-Construction Services: $178,577-(design to 30%) 11.The dollar value and the percentage of the final GMP awarded to and performed by local subcontractors(of any tier)and SBE subcontractors (of any tier):$245,615.57/5% 12.Present status of the project: Construction completed - Page 178 of 6 PERRY STREET INTERIM DIVERSION FACILITY EMERGENCY PROJECT TAMPA, FLORIDA • Design and construction of sanitary force main • Traditional open cut installation also utilized • Completed under progressive design-build • Pipeline route in urban setting and City ROW delivery method • Value engineering resulting in cost-savings to City • Project cost greater than $1 M • Roadway paving • HDD methods utilized to minimize asphalt restoration . Bypass pumping RelevantQualifications toProject I TECHNICAL ASPECTS Pipeline c - Installation of 9,900 LF of 20" I PVC sanitary force main with 8,350 LF installed via HDD to minimize asphalt surface restoration and allow for minimal impacts to residential driveways. Installation-The remaining 1,250 LF of pipe installation ' was completed using traditional open-cut methods. I 0 COMMUNITY IMPACTS MOT- Project required permitting and traffic detours I� during the execution of work. Considerations were taken during the pipeline installation to minimize impacts to residential driveways. HDD methods to minimize asphaltsurface restoration and allow for minimal impacts Maintaining Access for the Public: Pipeline route to residential driveways. was located within City right-of-way which is primarily residential areas requiring permitting and traffic detours during the execution of work. U PROJECT DELIVERY {, 's Exceeding i s-Garney performed value engineering of route selection to minimize public � impacts and facilitate longer directional drilling, saving the City two weeks off the original schedule, and completing the project$128,984 under budget. Meeting ssi Schedules:This project was The project also requires 25 MGD of completed on an accelerated project, including the byp ssperrpin , 1,50O LFofdew terin , design and construction in eight months. n p v/n g. -2-15- Page 179 of 600 UTILITY CAPITAL IMPROVEMENT PROJECTS (UCAP) TAMPA, FLORIDA 1.Client Name/Owner's Representative name, address,phone number,and email: City of Tampa Don Cermeno,Chief Construction Engineer k , = 306 East Jackson Street,Tampa,FL 33602 Tel: 813.393.7896 �. Email: Don.cermenofdtampagov.net ' 2.Name and Location of the Project. Description of the scope of work: UCAPi Tampa,FL Project description detailed to the left. 3.Role your company provided: The City of Tampa implemented a$25OM water and wastewater Garney—Design-Builder infrastructure program designed to improve reliability and service Key personnel involvement: by replacing the City's aging water and wastewater pipelines. Ryan Smith—Safety Manager 4.Date project was completed or is anticipated to be completed: 9/2010 Garney installed 4,635 LF of 48"ductile iron force main,45,029 LF 5.Size of project(gross square feet of construction): of 42"ductile iron water main, 790 LF of 24"ductile iron force 2,760,000 square feet main, 12,800 LF of 12"ductile iron water main, 11,285 LF of new 6"to 12"ductile iron water mains, 1,745 LF of small diameter water 6.Original Owner Budget vs.Final GMP: main relocations, small diameter connecting water mains,240 LF $30,306,961 /$30,361,814 of 48" HOBAS (centrifugally cast,glass fiber reinforced, polymer 7.Savings achieved through Value Engineering or mortar pipe) gravity main,a cast-in-place junction chamber for the other approaches: 48"gravity main to feed into an existing 54" reinforced concrete $NIA-Value engineering performed during design pipe (RCP) main,five 60"steel casings via jack and bore,three 60" micro-tunnels, more than 25 fire hydrants, and 77 water services. 8.The percentage of the GMP for General Conditions, Profit and an Overhead: In addition, Garney decommissioned and removed existing water 16% mains, relocated 660 LF of sanitary sewer, and completed wet tap 9.The total amount of approved Change Orders added connections to existing water mains and connections to sewers. to the Original GMP: The primarily urban installation areas provided special challenges, 1 -Added scope of work by Owner including utility relocation, significant roadway restoration,traffic 10.The dollar amount of fees for Pre-Construction control and management,overhead tree canopy, and dewatering. Services: Dewatering was used with well point systems. $139,354 11.The dollar value and the percentage of the Restoration included rebuilding roads, sidewalks, curbs, and final GMP awarded to and performedbyloal driveways; replacing sod; and striping. For one segment of the subcontractors(of any tier)and SBE subcontractors pipeline, restoration activities included placement of 37,000 SY of (of any tier): asphalt, removal and replacement of 1,000 SY of 100-year-old brick $6,072,362.80/20% roads, and removal and replacement of 2,000 LF of granite curb. 12.Present status of the project:Completed —2-16— Page 2-16— Page 180 of 6 UTILITY CAPITAL IMPROVEMENT PROJECTS (UCAP) TAMPA, FLORIDA • Design and construction to improve reliability of water • MOT and 24/7 access to residents and businesses and wastewater pipeline infrastructure • Value engineering • Progressive design-build delivery method • Roadway restoration including curb and sidewalk • Project cost greater than $1 M restoration,final milling,and overlay • Installation of open cut pipework • Public outreach Relevant Qualifications toProject TECHNICAL ASPECTS � Pipeline Replacement:Constructed six projects totaling more than 73,000 LF of open trench pipeline installation ranging in size from 48"to 12"-several large diameter tie-ins requiring bypass pumping and interceptor structures Nr Utilities:The team was able to alleviate issues relating to overhead power lines, buried utilities, and traffic control without impacting the project flow -- COMMUNITY IMPACTS MOT-Garney provided MOT for 24/7 access to =J residents and businesses, as well as public outreach. As many as six Carney crews were working simultaneousy on the project at its peak in Maintaining Access for the Public: In an effort to order to minimize°diruptions to residents. minimize disruption to residents, Garney supplied two crews to perform construction operations. This allowed for preparation work, pipe installation,and restoration to be performed simultaneously before moving to the ` next area. As many as six Garney crews were working simultaneously on the project at its peak. U PROJECT DELIVERY Final s i 8 Restoration included rebuilding roads, sidewalks, curbs,and driveways; replacing sod; and striping Meeting Aggressive Schedules:Garney was able This project involved installation of ipellne In n urban area and included to minimize disturbance to the neighborhood and srnrflcntroclwyr�str�rtrr�� r� traffic restoration costs for the City of Tampa. control and management. -2-17- Page 181 of 600 SHENANDOAH B NEIGHBORHOOD IMPROVEMENTS 1``Y:s 113{i IIA II-DADS COUNTY, FILORIIDA 1.Client Name/Owner's Representative name, address,phone number,and email: Lanzo Construction; 125 SE 5th Court Jorge Valdes,Project Manager Tel:954.931.2106 Email:jorgevfdlanzo.org 2.Name and Location of the Project. Description of the scope of work: The Shenandoah neighborhood is one of the older neighborhoods Shenandoah B Neighborhood Improvements S within the City of Miami.The water supply for residents in the area is 16th Street,SW 22nd Street,SW 17th Avenue and primarily through 2"water mains that are located within easements to SW 27th Avenue,also referred to as Shenandoah the rear of the properties. Neighborhood.Project detailed to the left The Miami-Dade County Water and Sewer Department (WASD) has 3.Role your company provided: selected our design-build team to replace the water mains with 46,000 GES-Lead designer LF of 8"water mains relocated to the public roadway right-of-way. 4.Date project was completed or is anticipated to be The project area is bounded by SW 16th Street,SW 22nd Street,SW completed:112018 17th Avenue and SW 27th Avenue,also referred to as Shenandoah. Additionally,the design-build team will relocate the existing water 5.Size project(gross square feet of construction): LF of 8°°water mains meters from the rear of the property to the front of the property and 46,000 L install new service lines from the water meter to the residence. 6.Original Owner Budget vs.Final GMP: The project will produce the following benefits to the residents. $11,485,000/$9,757,000 Increase water service pressure and flow 7.Savings achieved through Value Engineering or Eliminate water mains within the easement at the rear of other approaches: the properties Phasing of design Provided Construction Early Start Relocate water meters within the public right-of-way and Schedule Reduction Increase fire hydrant coverage and fire protection 8.The percentage of the GMP for General Conditions, Profit and an Overhead: N/A 9.The total amount of approved Change Orders added to the Original GMP: No changes 10.The dollar amount of fees for Pre-Construction Additionally,CES developed an aggressive project phasing program Services: that allows for a parallel execution of multiple sequential services CES is $860,000 responsible for the following services: 11.The dollar value and the percentage of the Surveying and Geotechnical Public right-of-way and Private final GMP awarded to and performed by local services property permitting subcontractors(of any tier)and SBE subcontractors Utility coordination Public outreach (of any tier): Design Construction phase services $1,704,000/21% Scheduling and cost estimating 12.Present status of the project: Completed —2-1 — Page 182 of 6 SHENANDOAH B NEIGHBORHOOD IMPROVEMENTS I I-DF COUNTY, FLORIDA • Design and construction to upsize existing water system • Vehicle and pedestrian MOT for urban neighborhood, to provide additional capacity with parks and schools nearby • Relocation of water mains on private property • New roadway, landscaping, lighting,traffic signals, • Completed under design-build delivery method concrete curbing • Project cost greater than $1 M • Public outreach Relevant Qualifications to the City's Project TECHNICAL ASPECTS Pipeline Installation: Installation of over 46,000 LF of 8"water mains, including connections to 600 private residences. Increased fire protection syStems throughout neighborhood. Meter Relocation: Relocation of water meters from rear of private property to front for easier access and maintenance. 1 COMMUNITY IMPACTS MOT-CES worked with the contractor to ensure MOT CES wor1ced closed with the contractor, for 24/7 access to residents,with special attention paid Miami-Dade County n the City of Miami to school and park traffic. Detours were provided for to ensure sc cce shit project delivery. both pedestrian and vehicular traffic. Public b CES provided public involvement services for this project. This included creating and managing a project website and social media, attending neighborhood meetings and events, and creation and distribution of notifications left at residences. U PROJECT DELIVERY Final s i 8 The final phase of this project included complete restoration of roadway, sidewalk/curb, and private property as it related to water meter relocations. -2-1 - Page 183 of 600 7 Uberty Mutual Surety 8700 Indian Creek Parkway Suite 350 Overland Park,KS 66210 March 5,2019 City of Boynton Beach Procurement Services Attn:Taralyn Pratt,Contract Coordinator 3301 Quantum Boulevard,Suite 101 Boynton Beach,FL 33426 With Respect To: GARNEY COMPANIES,INC. Project:Reclaimed Water Distribution System Progressive Design/Build—RFQ No.013-2821-19/TP Mrs.Pratt: In connection with the requirements of your Request for Proposal related to the captioned project,you have requested information concerning Garvey Companies,Inc.'s bond program,we are pleased to respond in that regard. Bonds have been written on a co-surety basis by The Continental Insurance Company,a member of the CNA Group of Insurance Companies,and Liberty Mutual Insurance Company,a member of the Liberty Mutual Insurance Companies,since 2006. A.M. Best currently rates The Continental Insurance Company"A,"Class Size XV,and Liberty Mutual Insurance Company"A," Class Size XV. The Continental Insurance Company and Liberty Mutual Insurance Company are approved for federal projects as provided for in the current online edition of the Department of the Treasury-Circular 570 with underwriting limitations of $155,806,000 and$1,122,392,000 respectively. Both The Continental Insurance Company and Liberty Mutual Insurance Company are licensed to write bonds in all 50 states The largest project bonded by the sureties on behalf of Garrey Companies totaled$540,000,000. The sureties have committed a $2,000,000,000 aggregate cost to complete program. At present,approximately$1,000,000,000 of this facility remains available for use.Gamey Companies enjoys a national reputation as one of the premier contractors performing sewer and water line work, with particular expertise in large diameter installations,and constructing water and wastewater treatment facilities. The company's experience includes a broad range of alternative procurement methodologies. At no time during our history with the account have they been refused a bond nor have there been any bond claims. Garrey Companies remains an account in good standing. Any request for bonds is a matter between Garvey Companies and the sureties and will be underwritten based on its own merits. The sureties assume no liability to any party if for any reason they do not execute said bonds. Based on the information currently in our possession,the sureties are prepared to give favorable consideration to the issuance of the bonds required in connection with this procurement. We recommend your consideration of Gamey Companies,Inc. If you require additional information,please contact me. Sincerely, 6J't� r Dalton Joyce Attorney-in-Fact Liberty Mutual Insurance Company SUSAN E. MIRANDA NOTARY PUBLIC-NOTARY L TATE OF MISSOURI JACKSON COUNTY My COMMISSION EXPIRES 916/2022 Member of Liberty Mutual Group COMMISSION7497 344 Page 185 of 600 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company ` @ al. The Ohio Casualty Insurance Company Certificate No: 8196853 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, C.LaVonne Engeman,Thomas M.English,J.Douglas Joyce,Dalton Joyce,Michael T.Kelly,Thomas P.Latz,Brenda L.Linze,Susan E.Miranda,Linda L.Nutt,Michael L. Swift,Eric Van Buskirk all of the city of Kansas City state of MO each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 17th day of September 2018 Liberty Mutual Insurance Company P�4NSit/� P01 INS&,p1NS(i. The Ohio Casualty Insurance Company �J GpRP°RqT y� yo 4°RPOr�r qy `oP GoaP°lt9r'jam West American Insurance Company > J3 Foca vQ3 �o Tin � 3 Fo c� 19co 12 0 1919 1991 a� in r s q o z o Q rn Yfy�s34CHJ5 dD y0 hAMP`�a da �s rNDJAW' .aa C ei? * t� �'yl * *� °'M * t� By: <n David M.Carey,Assistant Secretary 3 State of PENNSYLVANIA �^ D County of MONTGOMERY ss � CID 0) o a> On this 17th 'day of September 2018 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes— > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. w IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. Q � o U R PAST Oi� QHS MONW� F� COMMONWEALTH OF PENNSYLVANIA Q cru oo`� 9�Y Notarial Seal 60 OF Teresa Pastella,Notary Public p N Upper Merlon Twp.,Montgomery County By: C: v`r My Commission Expires March 28,2021 E L _V 1.9 �� Teresa Pastella,Notary Public O m OJQ �Y Member,Pennsylvania Association of Notaries pry rn 0 ar This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual rn p,'_� Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o E 6 ARTICLEIV–OFFICERS:Section 12.Power of Attorney. o ca Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the ) _0 >, President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >C:) Tac any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall,ID N > have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such"OO Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority- C?o 0 ARTICLE XIII–Execution of Contracts:Section 5.Surety Bonds and Undertakings. U Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,l. = shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation–The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization–By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of P� ii SJJ P-1( INS& \NS&R G°avortyTo ntR cJ G°RPOI�T'�9y� `pP`oaPo�gLCs 1912 00 1919 1991 0 Al'a Gym : � o s B d�ss4°H�S�as y� hAMP`+a`bD �s �HOtARP da y Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co_062018 Page 186 of 600 CNASURETY 7400 College Boulevard, Suite 650 Overland Park, KS 66210 March 5,2019 City of Boynton Beach Procurement Services Attn:Taralyn Pratt,Contract Coordinator 3301 Quantum Boulevard,Suite 101 Boynton Beach, FL 33426 With Respect To: GARNEY COMPANIES, INC. Project:Reclaimed Water Distribution System Progressive Design/Build—RFQ No.013-2821-19/TP Mrs.Pratt: In connection with the requirements of your Request for Proposal related to the captioned project,you have requested information concerning Garney Companies,Inc.'s bond program,we are pleased to respond in that regard. Bonds have been written on a co-surety basis by The Continental Insurance Company,a member of the CNA Group of Insurance Companies,and Liberty Mutual Insurance Company,a member of the Liberty Mutual Insurance Companies,since 2006. A.M.Best currently rates The Continental Insurance Company"A,"Class Size XV,and Liberty Mutual Insurance Company"A,"Class Size XV. The Continental Insurance Company and Liberty Mutual Insurance Company are approved for federal projects as provided for in the current online edition of the Department of the Treasury-Circular 570 with underwriting limitations of$155,806,000 and$1,122,392,000 respectively. Both The Continental Insurance Company and Liberty Mutual Insurance Company are licensed to write bonds in all 50 states The largest project bonded by the sureties on behalf of Garney Companies totaled$540,000,000. The sureties have committed a$2,000,000,000 aggregate cost to complete program. At present,approximately$1,000,000,000 of this facility remains available for use.Garvey Companies enjoys a national reputation as one of the premier contractors performing sewer and water line work,with particular expertise in large diameter installations,and constructing water and wastewater treatment facilities. The company's experience includes a broad range of alternative procurement methodologies. At no time during our history with the account have they been refused a bond nor have there been any bond claims. Garney Companies remains an account in good standing. Any request for bonds is a matter between Garvey Companies and the sureties and will be underwritten based on its own merits. The sureties assume no liability to any party if for any reason they do not execute said bonds. Based on the information currently in our possession,the sureties are prepared to give favorable consideration to the issuance of the bonds required in connection with this procurement. We recommend your consideration of Garvey Companies,Inc. If you require additional information,please contact me. Sincerely, 41v, SUSAN E. MIRANDA Dalton Joyce NOTARY PUBLIC-NOTARY Attorney-in-Fact STATE OF MISSOURI The Continental Insurance Company JACKSON COUNTY MY COMMISSION t9/6/2022 COMMISSION 7 7 Page 187 of 600 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint J Douglas Joyce, Eric Van Buskirk, Linda L Nutt, Brenda L Linze, C Lavonne Engeman, Susan E Miranda, Dalton Joyce,Individually,of Kansas City,MO Michael L Swift,Thomas M English,Individually,of Shawnee Mission,KS its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 25th day of October,2018. .® h1,INS ® The Continental Insurance Company ca• 7- -77 .��_,Oor 9 a4 ®® `•®®'•° j°®++• 0- . Paul .Bru at Vice President State of South Dakota,County of Minnehaha,ss: On this 25th day of October,2018,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company. I MOHR wornarauauc souni Decors s My Commission Expires June 23,2021 J.Mohr Notary Public CERTIFICATE 1,D.Johnson,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this day of ,SNL iNS(jR•* The Continental Insurance Company :O• a d� D.Johnson Assistant Secretary Form F6850-4/2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Page 188 of 600 Authorizing Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25`h day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." Page 189 of 600 Carney QUALIFICATIONS OF PROJECT TEAM AND AVAILABILITY OF SPECIALTY RESOURCES Page 190 of 600 MANAGEMENT TEAM QUALIFICATIONS OF PROJECT TEAM AND AVAILABILITY OF SPECIALTY RESOURCES WITH PROVEN EXPERIENCE ON RELEVANT PROJECTS ORGANIZATIONAL CHART The Garney Team provides committed, design-build professionals that will deliver a quality solution,while providing an outstanding partnership with the City. PERRY STREET INTERIM DIVERSION FACILITY EMERGENCY PROJECT,TAMPA, FL Our team members have been chosen based on their ''I`0 R '"S"V`"' DE'""'N B U'`"' experience with the design and construction of water 0 20"PVC Force Main and stormwater distribution systems, as well as their 0 25 MGD of Bypass Pumping experience with other relevant collaborative delivery 0 Construction in Urbanized Area projects throughout Florida. Our collective experience with similar projects provides us the skills to optimize design and 0 Met City's gressive Schedule construction,which will benefit our team in successfully O Under Budget completing the City's reclaimed water distribution system improvements. Dan S olik - Director Will Poczekaj-Construction Manager Mark Kelly- Precanstruction Coordinator ,nt ��ci. La tha _,`nx ,,t c,.. WET WEATHER MONITORING&PUMPING SYSTEM, LARGO, FL MANAGEMENT TEAM Garney's approach to management starts with establishing 0 Improvements to seven City lift stations a team structure with a single paint-of-contact and single 0 30°°Force Main Installation paint-of responsibility. Our team will be led by Design-Build 0 Cross FOOT and CSX ROW Manager Dan Smolikwho will be involved in all stages 0 Reconstruction of City Roadway of the project ensure consistency throughout the entire project. Dan will be supported by Design Manager Stephen Dan S olik - Senior Project Manager Fowler,PE, Precanstruction Coordinator, Mark Kelly,and ark Kelly - Preconstruction Coordinator Construction Manager ill oce aj. Together,we will work in a collaborative environment MARKS STREET/PASADENA PLACE UTILITY with the City and key stakeholders. Our team will be fully IMPROVEMENTS(CMAR),ORLANDO, FL dedicated and strive to provide management services with a commitment to transparent leadership. We will establish clear lines of communication with the City by working closely O Relocation/Replacement of 6°°-20°°Pipe together at the early stages of the project,which will aid us in 0 Complete Road Demolition/Reconstruction meeting the City's goals and objectives on this project. 0 Construction in Highly Urbanized Area 0 Complex Bypass Pumping .s °� a�."�,{F `-,nt t� �, I�,�r rr s,�„=�C 11"" IC Dan S olik-Construction Manager {„ .- They will leverage this experience to ensure the City's Will Poczekaj-Project Manager project is delivered on-time and on-budget. —3-1 — Pace 191 o y W y Q F ms o a ~ � W Vl ¢� V z.; v U ms ms CDO`- F O v h,, Z C w Z W �'.. N o � m' CD rteCD ;: w V ',.... w o cn N Q cn O T C.n W — _ h O N w fY] C EM LI' N O i W N Y V m v V i s N CM u o w ou L° N V g Vcl- W H Lo 3 w ca E 0 V N N v z Q w a y v x O rO N J N co Z z: cn 0 O 4 = V v V N o LD j O_ w o:. 2 4: Q �. N = : � V m S F cm ztj LU �0 cnO 0 0 0 0 0 0 V LE LL nQ O LULU Ul) OCL C L C O C E N O t;g f0 y N E i C LU E L O N V ULU LU Lu Lu 0 Y -o > = > v -o v o 6L& m E ria .� a 2 y �., "S o v .. y NAMES AND ROLES OF PROFESSIONAL STAFF In the following pages we have included the names and roles of our proposed staff and summarized their key qualifications and familiarity with projects of a similar nature. DAN SMOLIK STEPHEN FOWLER, PE Design-Build Manager Design Manager Directed 11 collaborative delivery projects '`' 14 years of experience in the design, in Florida with significant understanding of permitting,and construction of water, . z leading Owners through the process wastewater and reclaimed water projects Managed 77 pipeline projects valued Received his general contractor's license at$305M in 2016 22 years experience managing pipeline Experience in construction cost estimating installations in Florida providing extensive r '' and project management for underground knowledge of ground conditions > l utility general contractors Project Responsibility: Dan will be the primary Project Responsibility:Stephen will lead the paint-of-contact for the City and have overall design team for this project. He has over 14 responsibility to plan and control all project activity, years of experience in the design, permitting, and including directing resources across all phases and construction of projects that include water and tasks.This will create integration among design, wastewater treatment, pipelines, pump stations, permitting, construction, and operations personnel. production and injection wells, and reclaimed He will work to assure the design team meets its water production. Stephen also has experience obligations to owner requirements,facilitating good in construction cost estimating and project collaboration,teamwork, and communication of all management for underground utility general stakeholders. He will have total authority for driving contractors, and in 2016 he obtained his general the schedule and maintaining the GMP. contractor's license. SHARON MERCHANT MARK KELLY Public Outreach Manager Preconstruction Coordinator 30 years of public and private leadership Preconstruction Coordinator for$230M+in experience as a offering clients publicdesign-build projects Florida involvement,governmental relations and ��'' Served as Chief Estimator or community relations services �'� Preconstruction Coordinator for 75+ Extensive experience working with the design-build projects City of Boynton Beach and other South 31-year career focused solely in the water/ Florida clients wastewater construction industry,with the Holds M/W/SBE Certifications majority of his focus in Florida Project Responsibility:Sharon will be the Public Project Responsibility:Mark will serve as a Involvement Manager. She will be instrumental in resource in facilitating the design-build process. creating and implementing the Public Involvement This will include coordination with the City, Plan. Sharon will personally oversee all public Garney's Design-Build Manager, and bridging the involvement matters, including but not limited to gap between the design and construction teams. creating a stakeholder database, collateral materials, By leveraging a considerable depth of experience, public meetings, project website,and social he will be responsible for directing the Garney team media updates. to determine efficiencies and alternatives, advise on selection of materials, provide price alternative s, and suggest value engineering (VE) opportunities. — - — Page 193 of 600 NAMES AND ROLES OF PROFESSIONAL STAFF CONTINUED WILL POCZEKAJ MATHEW PAYMER Construction Manager Design— Hydraulic Modeling Experience on 15 pipeline projects Recent hydraulic models completed for totaling +$307M Seacoast Utility Authority,Martin County Experience on three Florida collaborative Utilities,and Loxahatchee River District delivery projects,and familiarwith the Assisted Palm Beach Countywith logistical design-build delivery method planning and data collection procedures for ? Experience leading urban infrastructure the collection of over 35,000 assets in the Palm Beach County WUD system improvement projects Project Responsibility:Will's responsibilities Project Responsibility:Matt will lead the hydraulic include managing construction activities. He will be modeling efforts for this project. Matt joined HCE in involved during the design phase, and constructibility 2015 after graduating from the University of Florida, review. He will manage procurement, shop drawing and has been an integral part of the team ever since. submittal and approval, expedited deliveries, He has worked on a variety of water and wastewater installation details and coordination, maintenance of design and construction projects, including a construction schedule, budget analysis, and project concentrate blending station and intracoastal closeout documentation. During construction, he will Waterway force main crossing. Matt has completed be responsible day-to-day management of operations numerous reclaimed, potable water and wastewater in the field, including all on-site activities, daily collection models for Seacoast Utility, Martin County management of crews and subcontractors, site safety Utilities, and Loxahatchee River District. and quality plans, and project administration. CHRISTINE MIRANDA, PE DEAVON UTER, PE Design— Pipeline&Permitting Design— Roadway/MOT Designed 16+miles of new distribution Experienced in urban infrastructure piping with new service connections to including roadway construction and r 1,200+residences in last five years reconstruction Experienced at successfully implementing Designed and managed projects that infrastructure improvement projects in include extensive MOT design existing neighborhoods while minimizing Experience on City Streets,County Roads, disruptions to the community1�`r��`;. and State Highways Project Responsibility:Christine will lead the Project Responsibility: Deavon will provide pipeline and permitting efforts for this project. With roadway design services and manage MOT design 19 years of utility engineering and management services for the City's project. Deavon is a Florida- experience in Southeast Florida, she has extensive licensed Professional Civil Engineer experienced in experience with water,wastewater and reclaimed South Florida Water Management water resources water project implementation. She is adept projects; roadway and stormwater management at successfully implementing infrastructure design,water and wastewater utilities design; improvement projects in existing neighborhoods while minimizing disruptions to the community. She residential, commercial and recreational land has assisted other utilities with pipeline projects, development; agricultural waste systems design; and including numerous neighborhood water and sewer project management. projects and community redevelopment projects. -3-4- Page 194 of 600 NAMES AND ROLES OF PROFESSIONAL STAFF CONTINUED CURTIS ROBINSON, PE STEVE BAILEY, PE Design ign— Pump Station/GST Design ign— Electrical/In trurnent tion Designed and constructed four new GSTs „n Experienced in providing electrical and with a combined capacity of 7MG in last �" ��' instrumentation engineering services for five years expansion of reclaimed water distribution Recently completed design and systems. construction of new reclaimed water pump Managed over 100 water/wastewater stations for Martin County Utilities and engineering projects throughout the state Seacoast Utility Authority of Florida Project Responsibility:Curtis will lead the pump Project Responsibility: Steve will serve as the station and ground storage tank design efforts for electrical engineer for the City's project. He has 34 this project. Curtis joined Holtz Consulting Engineers years'experience in electrical project engineering in 2009. He has 15+years of experience in the design, and project management. He has practiced applied permitting, and construction administration of water, electrical engineering on a variety of environmental wastewater, and reclaimed water projects. He has projects having been involved from concept to worked on projects for neighboring utilities totaling preliminary and final design through construction over$100M. start-up. His experience involves electrical engineering for WTPs,wastewater treatment and disposal facilities,water reuse and irrigation systems, and instrumentation and control systems. BUD GOBLISCH, PE KEVIN KRAUS CSI Services Construction— Project Engineer Provided EDC services for 27 MGD Reuse Experience on several Florida pipe Plant at East Central Regional WRF installation design-build projects Provided CEI services for Boynton Beach on Trained in OSHA 30 and FOOT Advanced the West WTP Phase IV Upgrades MOT Certification Project Responsibility: Bud will provide CEI Project Responsibility:As Project Engineer, Kevin services throughout the project. Bud has over will various duties, including handling submittals, 40 years of engineering design, construction procuring materials, site preparation, subcontractor management and program management experience. management, scheduling deliveries, preparing project He has been responsible for all aspects of project schedules, leading progress meetings, and assisting planning and execution, staff workload and quality the Project Superintendent. assurance. His career has revolved around providing Construction Management Services to clients for 17 years on water treatment,wastewater treatment, pump station, pipeline and Government Facility projects. — - — Page 195 of 600 NAMES AND ROLES OF PROFESSIONAL STAFF CONTINUED HUMBERTO DEL CID RYAN SMITH,CSP Construction— Pipeline Superintendent Safety Manager Managed field craft and subcontractors on Diversified water background developing 19 pipeline projects for Garneyvalued at and managing more than 225 sitespecific $185M ;, safety programs for municipal clients in jExecuted two design-build projects in Florida urban settings,requiring significant Brings value early in the design-build maintenance of traffic and public process by developing tasks without engagement efforts sacrificing safety Project Responsibility: Humberto will serve as Project Responsibility: Ryan will be responsible for the pipeline superintendent during construction. managing the project management team,field crew, His main responsibility is crew management from and subcontractors in understanding and complying a project's beginning to completion. He has been with ©SHA regulations and standards. Ryan will working in the utility construction industry his whole also inspect and evaluate the site, equipment, and career. He has been involved in various types of practices in order to comply with safety standards projects including gravity sewer lines,water lines, and and government regulations. He will provide safety force main lines involving open cut road crossings, and equipment education, mock©SHA inspections, creek crossings,tunnels,jack and bores, rock and documentation, in addition to developing the excavation, and dewatering. Site Safety Plans and Emergency Action Plans. JONATHAN RUSSELL Construction—Pump Station/GST Superintendent 14 years of construction experience including collaborative delivery experience Superintendent for the CMAR of the City of Apopka's WRF Expansion Project Responsibility:As Superintendent, Jonathan is responsible for supervising the job, ordering materials, maintaining equipment, ensuring safety on the job site,and coordinating with the subcontractors for successful completion. Jonathan has been involved in the construction industry since 2005 with various positions including Laborer, Foreman,Assistant Superintendent and now in his current position of Superintendent. BRIEF RESUMES OF ACADEMIC TRAINING AND EMPLOYMENT ` In the following pages we have included brief resumes of our key personnel and their directly relevant experience similiar in size and scope to the City's project. }il p* -7"4,8- J Page 196 of 600 PROJECT EXPEMENCE 48-INCH WATER TRANSMISSION MAIN FOR AREA Miami-Dade County, $37,206,382 Director. Dan served as the director for this design-build contract to construct 31,152 LF of 48" PCCP water transmission main in a densely populated residential and commercial area.This will require wet tapping to connect to an existing 60"water main,as well as a 36"water main. Garney will also manage nearly 1,200 LF of microtunneling crossing the CSX Railroad and Don Shula Expressway/SR-874. DAN SMOLIK RIVER OAKS DIVERSION PROJECT, ,[s.",�ttl1 i?G.,w ["',11,, Hillsborough County, FL , $28,491,000 Design-Build Senior Project Manager. Dan is serving as the senior project manager for construction of this project which includes a new wastewater pump station,a Garrey Experience: 19 years wastewater transfer force main from the River Oaks headworks to the new Industry Experience: 22 years pump station and force main from the new pump station to the Northwest Regional Water Reclamation Facility (NWRWRF),the relocation of an outfall, demolition of existing WWTP,and installation of a new 20" reclaimed Key Qualifications water line. Directed 11 collaborative delivery projects in Florida WEST CENTRAL BOULEVARD GRAVITY SEWER, ROADWAY, UTILITY,AND with significant understanding STREETSCAPE- PHASES 1 —3 �i ",�(II I of leading Owners through City of Orlando, FL $10,498,446 the process Senior Project Manager. Dan was the senior project manager for the removal l Managed 77 pipeline and replacement of 2,700 LF of 8"gravity sewer with 1,488 LF of 18"and projects valued at$305M 1,270 LF of 21"diameter PVC sewer lines,as well as 22 new 48"and 60" manholes and laterals. 19 years solely managing pipeline installations in PERRY STREET INTERIM DIVERSION FACILITY EMERGENCY PROJECT Florida providing extensive knowledge of ground City of Tampa, FL $5,067,229 conditions Director. Dan served as director for the installation of 9,900 LF of 20" PVC sanitary force main with 8,350 LF of the pipe installation via HDD connecting to an existing force main with a tapping sleeve and valve.Also requires 25 MGD Education Missouri Western State University, of bypasspumping, um ing>dewatering>an effluent um station,and paving.avin . B.S. in Construction Engineering WET WEATHER MONITORING&PUMPING SYSTEM Technology City of Largo, FL '`$38,912,084 Senior Project Manager. Pumping improvements to seven City lift stations, Certifications&Training including new wet wells, pumps, power supply,telemetry,and bypassing, Stormwater Management installation of 77,000 LF of 12"to 30"force main, HDD,auger boring to cross Inspector 19294 FDOT and CSX rights-of-way,and reconstruction of a City roadway. First Aid &CPR CENTRAL PASCO WATER SYSTEM IMPROVEMENTS OSHA 30-Hour Pasco County Utilities , $24,150,311 Project Manager. Installation of 84,450 LF of 12"to 36" DIP water main and OSHA Competent Person - 55,200 LF of 16"to 24" DIP and PVC force main at depths ranging from 3'to Confined Space, Rigging& 17',2,455 LF of jack and bores ranging in diameter from 24"to 54",and 3,950 Signaling, and Trenching& LF of 12"to 36"directional drills, including an 890 LF 36"ductile iron pipe Excavation segment across a wetland. q arned-3-7— a � 'r-rrcre o I i, PROJECT EXPEMENCE TOWN SQUARE, PHASE 1 § j Boynton Beach, FL Public lnvolvernent Manager.Sharon was the team lead on both public involvement activities and the Boynton Beach Building Wealth Program for this unique public/private partnership. fl st — r �. t CITY OF BOYNTON BEACH, PALM BEACH COASTAL RESILIENCY PARTNERSHIP 4 MULTI-JURISDICTIONAL VULNERABILITY ASSESSMENT, PHASE 1 Boynton Beach, FL SHARON I MERCHANT Public llnvolvernent Manager.As the Public Involvement Manager, Public Outreach Manager Sharon is the team lead on public involvement activities including but not limited to public meetings,working group meetings,summary reports and production of collateral materials. TMS Experience: 21 years Industry Experience: 30 years THE CITY OF BOYNTON BEACH WWTP, PROJECT NUMBER 104887 Boynton Beach, FL Public llnvolvernent Manager.Sharon was the team lead on public Key Qualifications involvement activities ranging from public meetings and ground breaking 30 years of public and ceremonies to production of collateral materials. private leadership experience as a Member of the Florida THE CITY OF BOYNTON BEACH, BOYNTON BEACH UTILITIES NORTH AND SOUTH House of Representatives ROADS STORMWATER AND MAIN IMPROVEMENTS PROJECT and the President of TMS, Boynton Beach, FL offering clients public Public llnvolvernent Manager.Sharon was the team lead on public involvement,governmental involvement activities. Her duties included public meetings, hotline set relations and community up,social media and production of collateral material. relations services Extensive experience CENTRAL SEACREST CORRIDOR DRAINAGE IMPROVEMENTS AND WATERMAIN working with the City of Boynton Beach Utilities, FL Boynton Beach Public llnvolvernent Manager.As the Public Involvement Manager, Sharon was the team lead on public involvement activities which included public meetings and production of collateral material. Education B.S. in International Affairs LAKE WORTH NEIGHBORHOOD STREETS PROGRAM Lake Worth, FL Certifications&Training Public llnvolvernent Manager.As the Public Involvement Manager, Jim Moran Institute for Global Sharon was the team lead on public involvement and community Entrepreneurship Certification outreach activities. Her responsibilities included creating a public involvement plan,arranging and staffing public meetings,creation of SWBE- Palm Beach County press releases,and creation of collateral materials. SBE-South Florida Water FLORIDA DEPARTMENT OF TRANSPORTATION-DISTRICT 4-FOUR OFF-SYSTEM Management District BRIDGE REPLACEMENTS SBE-City of West Palm Beach FDOT District 4, FL SBE- Palm Beach County School Public llnvolvernent Manager.Sharon provided quality assurance/ District compliance with all FDOT policies and procedures. Her duties included preparation of three CAPs,collateral material,and setting up and MWBE- Palm Beach County attending a public information workshop. School District '3-3-8- 4 P - - P `,1 J6,of 600 PROJECT EXPEMENCE RECLAIMED WATER METER STATION VALVE REPLACEMENTS Seacoast Utility Authority, FL $38,695 Project Manager.The project included engineering and construction services for the replacement of an existing 6»Cla valve with a new 6»plug valve and electric actuator at the Old Palm reclaimed water meter station, including electrical and control connections from the existing control panel to the new valve actuator. The project also included engineering and construction services for the replacement of the existing 8"Cla valve with a new 8"plug valve and electric actuator at the Mirasol reclaimed water metering station, including electrical and STEPHEN FOWLER, PE control connections,from the existing control panel to the new valve actuator. Design Manager WASTEWATER TREATMENT PLANT SAFETY IMPROVEMENTS I�1� ',I�,I� i�, liilj South Martin Regional Utilities, FL, $97,856 HCE Experience: 5 years Project Manager. HCE recently completed a design-build project consisting of Industry Experience: 14 years safety improvements for one of our valued clients at their wastewater treatment facility.The project included the design,furnishing,and installation of several elevated aluminum platforms and stairways to provide the plant staff safe access Key Qualifications to various areas and pieces of equipment for maintenance and operation. HCE Over 14 years of experience was able to overcome the challenges of designing and constructing these in the design, permitting, improvements in limited areas while keeping the facilities operable and accessible and construction of water, to the plant staff.The project also included the design of upgraded LED lighting wastewater and reclaimed and additional site lighting to be implemented later. Safety is one of HCE's top water projects priorities and we were happy to help our client provide an improved working Responsible for Holtz environment for their staff. Consulting Engineers Design- Build Division FEASIBILITY STUDY FOR POTABLE WATER INTERCONNECTION TO SERVE FPL'S WEST Received his general COUNTY ENERGY CENTER contractor's license in 2016 Florida Power&Light, FL, $20,000 Experience in construction Project Manager. PBC currently provides reclaimed water to the West County cost estimating and Energy Center from the reclaimed water production at the ECRWRF through a project management for 36"reclaimed water main. If there is a failure at either the ECRWRF or along the underground utility general reclaimed main,emergency cooling water will be required for the continued contractors operation of the energy center.This project involves conducting an engineering evaluation of the feasibility of one or more interconnections between Palm Beach County's water distribution system and the 36"reclaimed water main from the Education East Central Regional WRF to the FPL West County Energy Center. University of Florida, B.S. in LIFT STATION REHABILITATION Environmental Engineering Palm Beach County Water Utilities Department, FL, $14,988,159 Project Manager.Steve has been the project manager for the upgraded design Certifications&Training of over 100 of Palm Beach County's wastewater pump stations.This effort has Professional Engineer, consisted of assessment and prioritization of the County's lift stations based on Registration No. 69039, State of condition and risk of failure,followed by a variety of rehabilitation and upgrades to Florida the sewage pumping system.As part of this effort,civil, mechanical,and electrical Certified General Contractor, items have been identified for replacement in order to meet PBC minimum design standards where possible. 18 of the rehabilitated stations have been converted Florida, Registration No. from dry cans to submersible lift stations with the existing dry can converted into CGC1525114 a manhole. HCE has provided services during construction for many of the station rehabilitations up- - -9— -- u,; a . . 0 PROJECT EXPEMENCE . � RIVER OAKS DIVERSION PROJECT P"'I `,�ttl I i?G.,ti Hillsborough County, FL $28,491,000 Preconstruction Coordinator. Mark is serving as the Preconstruction Coordinator for this construction which includes a new wastewater pump station,a wastewater transfer force main from the River Oaks headworks to the new pump station and force main from the new pump station to the Northwest Regional Water Reclamation Facility (NWRWRF),the relocation of an outfall,demolition of existing WWTP,and installation of a new 20" reclaimed water line. MARK KELLY NORTHWEST REGIONAL WATER RECLAMATION FACILITY EXPANSION Preconstruction Coordinator Hillsborough County, FL $193,175,506 Preconstruction Coordinator. Mark was the Preconstruction Coordinator Garney Experience: 17 years for the expansion of the current 10 MGD WWTP to 25 MGD with an ultimate Industry Experience: 32 years capacity of 30 MGD including sodium hypochlorite chemical feed facilities, aeration,four 130'diameter secondary clarifiers,two D110 Type II concrete water storage tanks,conventional media filtration,grit facilities,a headworks, Key Qualifications and odor control system.Additional work will include installation of twenty Preconstruction 48"manholes, bypass pumping,and dewatering. Coordinator for$230+M in Design-Build projects in SAN CARLOS PUMPING STATION REHABILITATION Florida City of Tampa $9,000,000 l Served as Chief Estimator or Preconstuction Support.This Progressive Design-Build pump station Preconstruction Coordinator rehabilitation project includes replacement of all pumps, motors, pump for 75+design-build projects discharge valves,electrical and control components,flow meters,and other l 31-year career has been equipment needed to restore station reliability and provide improved focused solely in the water/ operation. Providing Preconstruction Support, Mark worked with the City, wastewater construction our team and design partners throughout design to ensure the budget and industry,with the majority of project objectives were met. He helped develop detailed cost estimates, his focus in Florida provided value engineering input as well as opinions on the constructability of the facility layout and material selections. Education PERRY STREET INTERIM DIVERSION FACILITY EMERGENCY PROJECT Purdue University, B.S. in City of Tampa, FL $5,067,229 Construction&Contracting Preconstruction Support Mark provided Preconstruction Support for the installation of 9,900 LF of 20" PVC sanitary force main with 8,350 LF of the Certifications&Training pipe installation via HDD connecting to an existing force main with a tapping OSHA Competent Person - sleeve and valve.Also requires 25 MGD of bypass pumping,dewatering,an Confined Space Safety effluent pump station,and paving. P3 National Council Member of WET WEATHER MONITORING&PUMPING SYSTEM Design-Build Institute of America City of Largo, FL $38,912,084 Regional Contractors Council Preconstruction Support. Mark provided Preconstruction Support for Chair of American Water Works pumping improvements to seven City lift stations, including new wet wells, Association pumps, power supply,telemetry,and bypassing, installation of 77,000 LF of 12"to 30"force main, HDD,auger boring to cross FDOT and CSX ROW,and reconstruction of a City roadway. q arney- -1€7- __ 'r-rroe o 00 PROJECT EXPEMENCE RIVER OAKS DIVERSION PROJECT, ,1',,�(11 I Hillsborough County, FL $28,491,000 Project Manager. Will serves as the Project Manager for this Florida Design- Build project. Construction includes a new wastewater pump station,a wastewater transfer farce main from the River Oaks headworks to the new ' pump station and farce main from the new pump station to the Northwest Regional Water Reclamation Facility (NWRWRF),the relocation of an outfall, demolition of existing WWTP,and installation of a new 20" reclaimed WILL POCZEKAJ waterline. Construction Manager MARKS STREET I PASADENA PLACE UTILITY IMPROVEMENTS 't_`r;. City of Orlando, FL , $6,446,059 Garrey Experience: 8 years Project Manager.This project was a joint project between the City of Orlando and the Orlando Utilities Commission that involved design and Industry Experience: 9 years replacement of 2,130 LF of 6"to 16" DIP and PVC gravity sanitary sewer mains, manholes,and conflict boxes;2,470 LF of 6"to 20" DIP potable water Key Qualifications main,appurtenances,and services; improvements to the storm water system including replacement of 250 LF of 12"and 15" RCP,20 LF of 12"x 18" Career focused on ERCP,and 30 LF of 19"x 30" ERCP;and complete road demolition and construction management of reconstruction. Florida pipeline projects with experience on 15 pipeline HUDSON TO SHADY HILLS WASTEWATER DIVERSION projects totaling+$307M Pasco County Utilities $6,506,701 Experience on three Project Engineer. Installation of 1,070 LF of 36"ductile iron force main and Florida collaborative delivery 35,500 LF of 24"ductile iron force main,along with 37,057 LF of 1.25" HDPE projects, and familiar with the conduit piping via open cut method of construction.Also included 76 LF of design-build delivery method 60"steel casing and 411 LF of 42"steel casing via jack and bare,and Experience leading urban installation of a wastewater boaster pumping station. infrastructure improvement projects SR 46 RECLAIMED WATER AND FORCE MAIN Seminole County,FL $3,692,763 Project Engineer. Installation of 4,000 LF of 30" DIP reclaimed water main, Education 600 LF of 30" PVC reclaimed water main,and 16,000 LF of 24" PVC University of Kansas, B.S. in wastewater farce main in Seminole County's northwest service area.Also Architectural Engineering included a 24" HDD for 1,200 LF fusible PVC to crass a wetland. DAVIS ISLANDS PUMPING STATION FORCE MAIN RELOCATION EMERGENCY Certifications&Training City of Tampa, FL $2,930,256 American Concrete Institute Project Manager. Includes the installation of 3,260 LF of 16"pressure PVC (ACI) Certification sanitary farce main and four horizontal directional drills totaling 2,400 LF of FDOT Temporary Traffic Control 16"fusible PVC sanitary farce main.Also includes tie-ins to an existing 12" Advanced Course valve and to an existing 48" PCCP force main,as well as dewatering, paving, OSHA Competent Person - and public relations. Rigging&Signaling;Trenching& Excavation OSHA 30-Hour q arne�-3-11 — ad�S 'r-rrcre o0 PROJECT EXPEMENCE RECLAIMED WATER SYSTEM HYDRAULIC MODEL Seacoast Utility Authority (SUA), FL $41,659 Project Engineer. HCE assisted in the development of a hydraulic model of the SUA reclaimed water system using InfoWater software. HCE updated the s, existing reclaimed water hydraulic model from the existing WaterGEMS q}� based hydraulic modeling software into SUAs new GIS based hydraulic h' modeling software, Innovyze InfoWater.The model was updated to include new users and demands and run various modeling scenarios to determine alternative solutions to supply higher pressures to the southeast areas of the MATTHEW PAYMER, EI reclaimed water system during periods of high reclaimed water demand. Design — Hydraulic POTABLE WATER DISTRIBUTION SYSTEM GEOMETRIC NETWORK AND HYDRAULIC Modeling MODEL DEVELOPMENT Seacoast Utility Authority, FL $83,285 HCE Experience:4 years Project Engineer. HCE provided engineering services for the development Industry Experience: 4 years of an ArcGIS geometric network of the existing backbone potable water distribution system and subsequent use of the network to develop and calibrate a hydraulic model to reflect existing conditions. The model Key Qualifications included the addition of average day demands for customers into the Certified and experienced hydraulic model based on water billing data,development of a diurnal curve hydraulic modeler for based on previous modeling efforts,SCADA data from the water treatment reclaimed water, potable plant (WTP) and repump facilities,confirmation of physical features of the water, and wastewater hydraulic model by reviewing record drawings,and calibration of the collection systems hydraulic model based on field data. Recent hydraulic models completed for Seacoast WATER MAIN EVALUATION AND INTERCONNECTIONS ON JUPITER ISLAND Utility Authority, Martin South Martin Regional Utility, $47,000 County Utilities, and Project Engineer. Project included evaluation of the existing water main Loxahatchee River District infrastructure on Jupiter Island to determine the water age and delivery Assisted Palm Beach pressure of potable water. The project evaluated the effect water main County with the logistical interconnections on Jupiter Island would have on these parameters. HCE planning and data collection was responsible for the design, permitting,contractor procurement,and procedures for the collection construction services for eight interconnections. of over 35,000 assets in the FORCE MAIN CROSSING THE INTRACOASTAL WATERWAY Palm Beach County Water Utilities Department system Seacoast Utility Authority, $204,000 Project Engineer. HCE provided design,survey,geotechnical evaluation, permitting, bidding,and construction administrative services for 1,300 LF of Education new force main crossing the Intracoastal Waterway in Palm Beach Gardens, University of Florida, B.S. in Florida. The new 16-inch ductile iron and HDPE force main included a Environmental Engineering horizontal directional drill beneath the Intracoastal Waterway and provided another sub-aqueous crossing from the island to the mainland for improved redundancy and system reliability. Right-of-way, FDEP and South Florida Certifications&Training Water Management District Environmental Resource Permit permits were Engineer-In-Training, obtained. State of Florida Certified Innovyze Water Distribution Modeler —3-12— Me�=10 or800 PROJECT EXPEMENCE WATER MAIN IMPROVEMENT PROJECT �.,rNI:fr City of Stuart, FL $4,944,411 Project Manager. Project included design, permitting,and FDEP State Revolving Fund (SRF)funding assistance,of approximately 59,000 LF of 6" through 12"water mains in existing residential neighborhoods and commercial developments for the City.The new mains will replace inadequately sized mains, looped dead ends,old mains,and increase fire s protection for the City.The mains are located in City,County,and FDOT ROWs. CHRISTINE MIRANDA, PE Design _ Pipeline & HOOD ROAD FLORIDAN AQUIFER RAW WATER MAIN Permitting Seacoast Utility Authority, FL $1,792,305 Project Manager.This project includes the survey,design, permitting, bidding,and construction administration services for 2,800 LF of 36"and HCE Experience: 7 years 42"raw water main along Hood Road.The raw water main is designed to be Industry Experience: 19 years installed via both open-cut methods and horizontal directional drilling methods.Additionally,4,200 feet of 2" HDPE fiber-optic conduit with pull boxes will be installed parallel to the proposed raw water main. Both Palm Key Qualifications Beach County ROW and Palm Beach County Health Department permits are 19+years of experience required for this project.This project is currently out to bid. in the design, permitting, and construction of water TURTLE CREEK SERIES SEPTIC TO SEWER CONVERSION distribution systems, Loxahatchee River District, FL , $957,799 collection systems, pumping Project Manager. HCE is currently assisting the Loxahatchee River stations, effluent disposal Environmental Control District with the implementation of a sanitary sewer systems, and biosolids program in Martin County throughout the Turtle Creek community in management Tequesta.This project includes the survey,design, permitting, bidding,and 1, Designed 16+ miles of new services during construction of approximately 12,000 LF of both gravity and distribution piping with new low-pressure sewer systems to serve 138 residences which are currently on service connections to 1,200+ septic systems.The project is being implemented in four phases. Public residences in last five years workshops are conducted by HCE and LRD staff for each phase of Experienced at successfully construction. implementing infrastructure improvement projects in COUNTRY CLUB VILLAGE INFRASTRUCTURE IMPROVEMENTS existing neighborhoods while City of Boca Raton Est.$7,678,000 minimizing disruptions to the Project Manager. HCE is providing design,survey,geotechnical evaluation, community permitting,and bidding services for the replacement of approximately 35,000 LF of existing domestic water mains from the rear yards to the rights-of-way.This will include abandonment of the existing water main Education system, relocation and reconnection of the water service from the new Rutgers University, B.S. in water main to the house as well as restoration of private and public BioResource Engineering property.The project also includes the installation of approximately 2,500 of 16-inch water main,which includes the crossing of Interstate-95. As part of Certifications&Training the water main replacement program HCE is also designing the removal and replacement of sidewalks throughout the project area due to trip hazards, Professional Engineer, infill of any missing pieces of sidewalk, milling and overlay of all roadways, Registration No. 60906, FL installation/replacement of ADA ramps,and minor swale improvements. Six-Sigma Yellow Belt Certification There are also three stormwater outfalls in the L-47 canal that will be improved with new mitered ends and endwalls. —3-13— Me�=10 Or800 PROJECT EXPEMENCE TROPICAL FARMS WWTP RECLAIMED WATER STORAGE AND PUMPING IMPROVEMENTS Martin County Utilities, FL, $3,119,400 Project Manager. HCE provided preliminary and final design, permitting, bidding,and construction administrative services for a two-phase reclaimed water storage and pumping improvements project at the Tropical Farms WWTP. Phase I consisted of a new 1 MG prestressed concrete reclaimed water storage tank including vibroflotation compaction beneath the tank bypass piping,and piping relocations. Phase 11 included a new reclaimed water CURTIS ROBINSON, PE distribution pump station including 18"through 36"suction and discharge Design — Pump Station piping and three vertical turbine pumps.An effluent transfer pump station with GST three new vertical turbine pumps located at the chlorine contact basin was also included. Phase 11 also consisted of replacing two existing Return Activated Sludge (RAS) pumps with new dry-pit mounted chopper-style pumps. HCE Experience: 10 years Industry Experience: 15 years GROUND STORAGE TANK NOS.5, 6 AND 7 AT THE HOOD ROAD WTP Seacoast Utility Authority, FL , $3,834,721 Project Manager. HCE provided professional services for the surveying and Key Qualifications site investigation,design, permitting, bidding and construction administration 1,Successfully implemented of the addition of three new 2-MG prestressed-concrete GSTs at the Hood over$100M dollars of Road WTP, including associated water main piping extensions,valves and infrastructure improvements fittings,electrical and instrumentation and site preparation. Work also included for neighboring utilities various yard piping improvements in the vicinity of the new GSTs. 1, Designed and constructed MARTIN DOWNS INLINE BOOSTER PUMP STATION four new GSTs with a combined capacity of 7MG in Martin County Utilities, FL $1,698,755 last five years Project Manager. Project included design, permitting, bidding,and Recently completed design construction administrative services for an in-line wastewater booster pump and construction of new station at the Martin Downs Master Repump Facility.This project includes reclaimed water pump modifying the existing repump facility into an in-line repump station with stations for Martin County chopper pumps.These improvements will reduce the impact rags and other Utilities and Seacoast Utility debris have on the pumps and reduce rag accumulation in the storage tanks Authority and sources of odors and maintenance problems.The tanks will still be available for use on an emergency basis allowing increased operational flexibility.The project also includes an on-site submersible lift station,the Education conversion of an existing lift station to a manhole,and the construction of two Missouri S&T, B.S. in Civil new vacuum truck off-loading stations. Engineering NANOFILTRATION CONCENTRATE BLENDING PUMP STATION AT THE PGA Missouri S&T, M.S. in Engineering WASTEWATER TREATMENT PLANT- Management Seacoast Utility Authority, FL $3,425,000 Project Engineer.The project included the design, permitting, bidding and Certifications&Training services during construction of the installation of a new 3.8-mile, 16-inch Professional Engineer, pipeline from the Seacoast Utility Authority Hood Road Water Treatment Plant Registration No. 65685, FL to the PGA Wastewater Treatment Plant for blending nanofiltration concentrate with reclaimed water and distribution to their reclaimed water Certified EMS Water customers.A 2"fiber optic conduit was installed in the same trench as the Distributioonn MMododeler concentrate main for the future installation of a fiber optic cable. —3-14— Me�"26410 or800 PROJECT EXPEMENCE CD01 WATER MAIN IMPROVEMENT PROJECT Palm Beach County Water Utilities Department, FL $4,400,000 ProjectManager/Engineer-of-record (EOR).This project seeks install new segments of waterline that through new interconnections, improve system capacity, improve hydraulic efficiencies,eliminate dead-ends, reduce water retention time, resulting in improved water quality.The project consist �y t of 19 locations across the County, 16,000 LF of pipelines of varying sizes t111u` �� from 4"to 12",with material including DIP, PVC and HDPE.Jack and Bore is being designed for major intersections and steel casing under FDOT roads. DEAVON UTER, PE Deavon is responsible for conducting the internal design team meetings; Design _ Roadway/ present and record progress meetings;setup site visits; review and research Maintenance T Traffic existing data;coordinate with utilities;coordinate with other County projects; manage survey,geotechnical,and utility location subconsultants activities; lead design team through 30,60,90, 100 submittal phases, permit CES Experience: 2 years documents,and bidding and construction phase services. Industry Experience: 22 years WASHINGTON ROAD UTILITIES AND STORMWATER OUTFALL IMPROVEMENT PROJECT Key Qualifications City of West Palm Beach, FL $8,000,000 l Managed design teams Project Manager/EOR.This project with an engineer's estimated cost of that included surveyors, $8M is being designed to install 2,500LF each of 12" DIP watermain,sanitary geotechnical, subsurface, sewer main,and new stormwater conveyane including 18"to 60" RCP,and structural, electrical,and civil mountable curb an gutter.The project will also entail the redsign of the road engineers cross section to include new sidewalks,driveways,and new bike lanes whil l Managed and designed preserving the esthetics of the tree lined corrior.The road reconstruction projects for municipalities, counties, and state agencies also include seven asphalt stamped raised intersections and a roundabout for traffic calming. Deavon is responsible for leading the design team which % Designed water distribution, includes neighborhodd outreach to this very high profile, highly engaged, sanitary collection, and stormwater conveyance using history part of the City. Construction is secheduled to start February 2020 methods such as open-cut, and end March 2021. horizontal directional drilling, FLORIDA TURNPIKE ENTERPRISE (FTE)FORT DRUM SERVICE PLAZA WTP aerial crossing, and jack ,i :`M(lI I ),,,, "' and bore AND WWTPS Okeechobee County, FL ? $4,500,000 EOR.This$4.5M design-build project is a small part of the overall Education rehabilitation of the seven service plazas along the Turnpike. Deavon led the Bachelor of Science,Agricultural design team,for both the WTP and WWTPs.The WTP includes two Floridan Engineering, Soil and Water Aquifer wells, hydrogen sulfite degassifier, bolted steel water storage tanks, Engineering fire pump,VFD high service pumps,green sand filters,and sodium hypochlorite disinfection system.The WWTP includes two lift stations, rotary drum screen,two aerobic reactor tanks,sludge tank,dual train GE Certifications&Training Zenon Membrane Biological Reactor (MBR),chlorine contact chamber, high Professional Engineer, Florida, service reuse pumps, hydra pneumatic tank, 14"and 24"Jack and Bore Civil P.E. No. 66347 under the Turnpike to a 12 acre effluent pond.As the EOR during construction, Deavon oversaw construction phase services. Deavon was also the EOR for lift stations installed at the Ft. Pierce and Turkey Lake Service Plazas on the Turnpike. -3-15- PROJECT EXPEMENCE z, MIRAMAR EAST WTP ; ; , (11! I G,, Miramar, FL $27,000,000 Engineer-of-record (EOR).Steve provided electrical, instrumentation and control (I&C) design,and construction administration services associated with the Reverse Osmosis WTP improvements. NORTH PORT WEST VILLAGES SWWRF North Port, FL $40,000,000 EOR. Steve provided electrical and I&C engineering design for the new STEVE BAILEY, PE 4MGD Wastewater Reclamation Facility. Design — Electrical ALTAMONTE SPRINGS HEADWORKS IMRPOVEMENTS 4a,it,� a Instrumentation Altamonte Springs, FL, $10,000,000 EOR. Steve provided electrical and I&C engineering design for the City's Bailey Experience: 5 years Influent Pump Station Grit Structure improvements. Industry Experience: 34 years WRWRF RASIWAS, FILTERS&STAGE 3 IMPROVEMENTS ,, h,,t,,`,sa Daytona Beach, FL , Key Qualifications EOR. Steve provided electrical and I&C engineering design services for the Wastewater Treatment Plant improvements. 34 years'experience in designing electrical and CENTRAL SUMTER UTILITY(CSU)WASTEWATER TREATMENT PLANT SCADA control systems � �a for water and wastewater The Villages, FL $12,000,000 treatment facilities, drainage EOR. Steve provided electrical and I&C design and construction projects, movable bridges and management services associated with the expansion of the 2.0 MGD industrial facilities WWTp Experienced in providing electrical and instrumentation SILVER SPRING SHORES WATER RECLAMATION FACILITY engineering services for Silver Springs,FL $4,200,000 expansion of reclaimed water EOR. Steve provided electrical, instrumentation/control design and distribution systems. construction administration services associated with the expansion of the Managed over 100 water/ WRF with additional improvements including a City-Wide SCADA system wastewater engineering incorporating all WTP's,WRF's,and lift stations. projects throughout the state of Florida PALM COAST WASTEWATER TREATMENT PLANT NO.2 Palm Coast,FL , $9,200,000 EOR. Steve provided electrical, instrumentation/control design and Education construction administration services associated with the facility's Georgia Institute of Technology, emergency power system upgrade, new switchgear,and the City's new SCADA network. B.S. in Electrical Engineering VOLUSIA COUNTY WATER RECLAMATION FACILITY Certifications&Training Volusia County, FL , $12,000,000 Professional Engineer, Florida EOR. Steve provided electrical, instrumentation/control design and construction administration services associated with the 1.5 MGD (1989) No. 42461 expansion of the facility. Professional Engineer, New York (2015) No. 94774 LAY -3-16— Page 3-16Page 206 of 600 PROJECT EXPEMENCE CAPITAL IMPROVEMENT PROGRAM (CIP)PROGRAM MANAGEMENT Town of Palm Beach, FL , $41,000,000 Program Manager.Working with the Town as their Program Manager overseeing five design consultants,schedule, budget and all aspects of a $41 M CIP to upgrade the underground utilities for water,sewer, and stormwater. GENERAL ENGINEERING SERVICES CONTRACT South Florida Water Management District, FL , $2,800,000 BUD GOBLISCH, PE Principal-in-Charge.Served as the Principal-in-Charge of all district work E1 Services for Jordan,Jones&Goulding which included the Caloosahatchee Watershed Plan, Design Review of multiple District projects,and staff augmentation of CES Experience: 4 years up to five people. Industry Experience: 40 years WATER MAIN IMPROVEMENTS Palm Beach County Water Utilities, FL , $496,000 Principal-in-Charge.Served as Principal-in-Charge for the design of water Key Qualifications main improvements at 20 different locations in the County to reduce dead Has provided construction ends and improve water quality. administration services for 25 years on over$500M worth BOYNTON BEACH WEST WATER TREATMENT PLANT IMPROVEMENTS, PHASE IV of construction projects City of Boynton Beach, FL $6,000,000 % Worked on the 27 MGD City's Representative. Responsible for oversight of construction activities Reuse Project at the Palm to upgrade the WTP.This included submittal processing, requests for Beach County Eastern Central information, payment applications,change order review,and approval and Regional WRF managing the on-site resident project representative. Have provided CEI services directly to the WATER REUSE PROJECT AT EAST CENTRAL REGIONAL WATER City of Boynton Beach and RECLAMATION FACILITY, familiar with City design/ Palm Beach County WUD, FL $19,000,000 construction preferences Principal-in-Charge of Design. Provided engineering services during construction for this 27 MGD reuse project that supplies cooling water to the Florida Power and Light West County Energy Center located off SR 80 and Education 20-mile bend. Managed the RFI and submittal process, provided periodic site University of Illinois, B.S. in visits to ensure quality and assisted with start-up activities. Civil Engineering BIG CYPRESS WATER TREATMENT PLANT Certifications&Training Seminole Tribe of Florida, FL , $6,000.000 Professional Engineer, Florida Owner's Representative. Oversaw construction administration and managed the field inspectors for a green field,0.1 MGD membrane water treatment plant.The project included drilling the wells, installing all the piping,equipment, buildings,and clearwell necessary for a fully operable water treatment facility with minimal operator involvement.The construction administration work included submittal processing, requests for information, payment applications,change order review and approval and managing the on-site resident project representatives. -3-17- umu PaW -17- PaWbl'&b00 PROJECT EXPEMENCE Ili��4,6 48-INCH WATER TRANSMISSION MAIN FOR AREA Miami-Dade County, $37,206,382 Superintendent. Design-build contract to construct 31,152 LF of 48" PCCP water transmission main in a densely populated residential and commercial area.This will require wet tapping to connect to an existing 60"water main, as well as a 36"water main. Garney will also manage nearly 1,200 LF of microtunneling crossing the CSX Railroad and Don Shula Expressway/SR- 874. HUMBERTO DEL CID MARKS STREET I PASADENA PLACE UTILITY IMPROVEMENTS 'i_`;. Pipeline Superintendent City of Orlando, FL $6,446,059 Superintendent.This project was a joint project between the City of Orlando and the Orlando Utilities Commission that involved design and Garney Experience: 11 years replacement of 2,130 LF of 6"to 16" DIP and PVC gravity sanitary sewer Industry Experience: 20 years mains, manholes,and conflict boxes;2,470 LF of 6"to 20" DIP potable water main,appurtenances,and services; improvements to the storm water system including replacement of 250 LF of 12"and 15" RCP,20 LF of 12"x 18" Key Qualifications ERCP,and 30 LF of 19"x 30" ERCP;and complete road demolition and Managed field craft and reconstruction. subcontractors on 19 pipeline projects for Garney valued at PERRY STREET INTERIM DIVERSION FACILITY EMERGENCY PROJECT $185M Executed two design- City of Tampa, FL $5,067,229 build projects in urban Superintendent. Installation of 9,900 LF of 20" PVC sanitary force main with settings, requiring significant 8,350 LF of the pipe installation via HDD connecting to an existing force main maintenance of traffic and with a tapping sleeve and valve.Also requires 25 MGD of bypass pumping, public engagement efforts dewatering,an effluent pump station,and paving. WET WEATHER MONITORING&PUMPING SYSTEM Certifications&Training City of Largo, FL '`$38,912,084 GA Utility Foreman UF205081 Superintendent. Pumping improvements to seven City lift stations, including new wet wells, pumps, power supply,telemetry,and bypassing, DOT Certified Flagging Trainer installation of 77,000 LF of 12"to 30"force main, HDD,auger boring to Georgia Soil and Water cross FDOT and CSX rights-of-way,and reconstruction of a City roadway. Conservation Commission 48" EFFLUENT PIPELINE (GSWCC) Level 1A Certified International Paper Company, $17,048,050 OSHA 10-Hour Superintendent. Installation of 51,000 LF of 48"Class 150,cement-lined, OSHA Competent Person - ductile iron pipe that crossed more than 25 wetlands and multiple private Confined Space Safety;Trenching properties. Included concrete dsitribution structure and upstream mixing & Excavation Safety box, multiple air release valves, low point drains,jack and bore crossings,a 1,200 LF microtunnel,a 300 LF utility bridge,and 2,600 LF of aerial pipe installed on prestressed piles and precast caps. qa arney —3-18— a � 'r-rroe� e o 00 TEAM MEMBER REGULATORYEXPERIENCE Our team recognizes permitting is always a key element of the design-build delivery, and has potential to cause delays in project execution. To combat this we have staffed our team with professionals that have a depth of recent and relevant local experience obtaining permits from regulatory agencies that will be involved in this project. Below is a representative summary of our team member's experience with relevant regulatory agencies. Agency Requirements of Permit Experience Staff Lead Work within FOOT ROW CD01 Water Main Improvements Deavon Uter,PE FDOT Work within FOOT ROW—required night work due to closure of intersection at SR76 and City of Stuart Water Main Improvements Christine Miranda,PE US Highway 1 PBC Building Building Rennovations Building Rennovations for the Loxahatchee River Stephen Fowler,PE Permit District Administration Building Water main construction and service CD01 Water Main Improvements:12 Sites 12 permits; connection 4th District Court of Appeal;Washington Road Deavon Uter,PE Utilities...;Florida Turnpike Enterprise Sanitary Sewer main and service latterals 4th District Court of Appeal;Washington Road Deavon Uter,PE construction Utilities...;Florida Turnpike Enterprise FDEP/PBC Water main construction and services— Health Dept. City of Stuart Water Main Improvements,Country Club p multiple partial certifications of completion Village Infrastructure Improvements Christine Miranda,PE submitted for project Turtle Creek Gravity Sewer Program,Imperial Woods Gravity sewer,low-pressure force main,and Low Pressure Force Main System,Maplewood Drive and Christine Miranda,PE force main construction Loxahatchee River Road Force Main Extension,Roan Lane Force Main Replacement Environmental Resource Permit 4th District Court of Appeal;Pine Trails Park; Deavon Uter,PE SFWD Washington Road Environmental Resource Permit Hood Road Water Treatment Plant Paving Improvements Curtis Robinson,PE Crossing a tributary of a water of the United 16"reclaimed water main,4"force main,and 2"low Christine Miranda,PE USAGE States(Loxahatchee River) pressure main installation Crossing of the intracoastal waterway 12"force main installation Curtis Robinson,PE; Matthew Payer,EI Work within the County ROW CD01 Water Main Improvements:12 Sites;12 permits Deavon Uter,PE PBC Land Work within the County ROW including 16"reclaimed water main,4"force main,and 2"low Development roadway crossings and MOT pressure main installation Christine Miranda,PE Permit Work within the County ROW including Directional drill crossing of Palm Beach County roads Christine Miranda,PE; directional drill crossings of roadways with new 36"raw water main Stephen Fowler,PE Aerial crossing of canal ROW CD01 Water Main Improvements Deavon Uter,PE Lake Worth Palm Beach County Water Utilities Aerial Drainage Aerial crossing of canal ROW Crossing Replacement Christine Miranda,PE District Outfall improvements L-47 Canal Outfall Rehabilitation Christine Miranda,PE —3-19— Page -1 — Page 209 of 600 AVAILABILITY LOCATION L F THE PROPOSED TEAM Our team's projected workload is well-positioned to match the schedule required for this project. We have carefully assessed our current and projected workload and are confident that our highly qualified team is available to provide the services required to complete this project on schedule. The table below summarizes our team's availability for the City's project,their loation during preconstruction and construction, and their current project work listing and the status of those committments. 1 I I }l 4 st S t r 1 I �� Dan Smolik 50% Winter Garden,FL&Onsite//Winter Garden,FL&Onsite 41 Ryan Smith,CSP 25% Winter Garden,FL&Onsite//Winter Garden,FL&Onsite NIA-Safety Manager for all Garney Southeast Projects Mark Kelly 25% Winter Garden,FL&Onsite II Winter Garden,FL&Onsite Will Poczekaj 60% Winter Garden,FL&Onsite//Winter Garden,FL&OnsitezF Kevin Kraus 100% Winter Garden,FL&Onsite II Jobsite Humberto Del Cid 100% Winter Garden,FL&Onsite II Jobsite Jonathan Russell 100% Winter Garden,FL and Onsite II Jobsite Sharon Merchant 30% West Palm Beach,FL//West Palm Beach,FL Stephen Fowler,PE 80% Jupiter,FL II Jupiter,FL Mathew Paymer,EI 50% Jupiter,FL//Jupiter,FL 410il 4,rt Christine Miranda,PE 40% Jupiter,FL II Jupiter,FL Curtis Robinson,PE 40% Jupiter,FL II Jupiter,FL Deavon Uter,PE 25% West Palm Beach,FL//West Palm Beach,FL Bud Goblisch,PE 25% West Palm Beach,FL&Onsite II West Palm Beach,FL&Onsite o Steve Bailey,PE 20% Cooper City,FL II Cooper City,FL ■ Garney; 0 Holtz Consulting; CFS Consultants; It Merchant Strategy; Bailey Engineering Project Status: 0—30%Completed '`a 30%—60% Completed-, = 60%—99%Completed TYPICAL NUMBER OF PROJECTS HANDLED BY PROJECTED WORKLOAD OF PROJECT PROJECT MANAGERS MANAGEMENT ACTIVITIES Project managers typically manage several projects As Design-Build Manager, Dan Smolik,will be at a time. While the Project Manager oversees the responsible for the overall success of your project, project,they also work closely with on-site resources ensuring that the team has the resources to complete to ensure each project is completed to the client's the project on schedule and that manpower is satisfaction. Below is a summary of the projects that available throughout design and construction. Dan Smolik is currently leading. The schedule and budget will be managed by Dan, and he will work closely with community relations surrounding the project. 48-Inch Water Transmission Main for Area N 10/2019 IDENFICATION OF SUBCONSULTANTS (Design-Build), Miami-Dade County, FL PROVIDING MORE THAN FIVE PERCENT OF River Oaks Diversion Project(Design-Build), THE WORK Hillsborough County, FL 1012019 Garney anticipates that lead design engineer Holtz Consulting and CES Consultants would be the only Davis Islands Pumping Station Force Main 5/2019 subconsultants that might receive more than 5%of Relocation Emergency, City of Tampa, FL the work for this project. —3-20— Page -20— Page 210 of 600 Carney APPROACH , DEMONSTRATED SKILL SET, AND INNOVATIVE IDEAS THAT WILL BE USED TO ADDRESS THE SCOPE OF WORK Page 211 of 600 APPROACH, DEMONSTRATED SKILL SET, AND INNOVATIVE IDEAS THAT WILL BE USED TO ADDRESS THE SCOPE OF WORK NARRATIVE OF PROJECT AND Furthermore, execution of this work through the PDB UNDERSTANDINGTHE approach benefits the City in the following ways: ISSUESPROJECT PROJECT UNDERSTANDING Work will be performed by the best qualified AND REQUIREMENTS design-build team including contractor, The South Central Regional Wastewater Treatment engineers, and subcontractors. and Disposal Facility (SCRWWT&DF) utilizes ocean 0 A team who is focused on the same goals outfall as one of its disposal methods for its treated which creates a sense of ownership, effluent. It is required to comply with the Florida accountability, and understanding of the Statute 403.086 and the Florida Department of design intent. Environmental Protection (FDEP) requirement 0 Collaborative solutions involving all must install, or cause to be installed, a functioning stakeholders early in the process, along reuse system within the utility's service area by with active public relations engagement to December 31, 2025. minimize public impact. To comply with this statute, a"functioning reuse 0 Early price certainty based on cost estimating system" means an environmentally, economically, and throughout design and GMP development. technically feasible system that provides a minimum 0 The overall project designed and of 60%of a facility's baseline flow on an annual basis constructed to a budget, aligning with City's for reuse purposes authorized by the department. To proposed timeline. meet this objective for the SCRWW&DF will require an additional 7.7 MGD of reclaimed water capacity. The City has agreed to implement 50%of the additional capacity with is 3.85 MGD. The City has chosen to utilize the progressive design- build (PDB) delivery method to implement the PROJECT CHALLENGES expansion of its existing reclaimed water distribution We understand that one of the City's greatest system to serve additional large reuse customers challenges throughout this project will be to within its service area. By using PDB delivery minimize public impact and maintain an effective process the City can systematically work through maintenance of traffic plan. Garney is no stranger its four year plan to add reuse distribution lines tto working in highly traveled areas by bath vehicles o areas not currently served by the existing reuse and pedestrians. We have completed major projects distribution system. in urban and residential settings, all while keeping PROJECT GOALS AND OBJECTIVES businesses open and traffic flowing. Our team's The City has expressed a desire for a collaborative approach is proactive in identifying project challenges and creative team to design and construct the and risks while developing solutions that yield a direct Reclaimed Water Distribution System. Selection benefit to the City. Table 1 identifies various tools of a team who is immediately available and we will utilize to minimize public impact throughout fully understands each project's challenges will the project. be important. Page 212 of 600 i - MINIMIZING PUBLIC IMPACT —TOOLS FOR ADDRESSING CHALLENGES TOOL BENEFIT TO THE CITY Focus on alignments;in grassed areas of R/W to minimize traffic impacts and costly Thorough Route pavement restoration. not sis , , Identify public buildings/services (churches,schools, public services) within Utility area and design to limit disruption to their operations. Uti�i Utilize existing as-built data as a preliminary baseline. Investigations Perform extensive subsurface utility exploration during design to eliminate conflicts during construction. Utilize directional drilling to minimize open cut of residential and business driveways to Technologies llogiei allow for access at all times. �} Cross environmentally sensitive areas (i.e.wetlands,waterways) using HDD methods. Approach the construction with positive response through 811 before excavations. Lititity Damage , , Field verify all utilities before performing any excavation. Penn Maintain pipe repair materials on hand during construction to allow for quick repairs in the event of a service interruption. Comprehensive Minimize permanent lane closures to major arterial roadways. Maintenance of Utilize daily lane closures during off-peak hours. Traffic (�6 Use of arterial roadways for detour routs to keep traffic out of residential areas. Maintaining Utilize wet tapping for connections to maintain reuse service, Servicer If necessary schedule outages for low demand periods to lessen impact. PROPOSED PROJECT DELIVERY PROCESS %° To provide a rewarding collaborative project We applaud the City's desire to implement this experience for the City and our team resulting project through the PDB methodology. Many in a quality project delivered on-time and within- municipalities are executing large programs in this budget manner and find the experience throughout ALL ENSURING SCOPE,BUDGET,AND phases to be implemented with less changes and all SCHEDULEARE MET parties having a better understanding of the project The Garney team's approach to meeting the project drivers, challenges, risks,and costs. schedule is met by having a robust engineering team The PDB method instills early collaboration, offering who is technically capable, has the work staff available the strongest combined expertise when the project to commit to the design deliverables, and a clear needs it the most, during the preliminary and early understanding of the City's General Utility and Public design phase. Works Standards. We have structured our team's roles and Our team recognizes permitting is always a key responsibilities,and our workflow for the following: element of the design-build delivery,and has potential to cause delays in project execution. To To highlight each team member's strengths combat this our team will designate a Permitting To allow for a fast-track design implementation Lead, Christine Miranda, ,to work closely with as needed permitting agencies to eliminate schedule impacts. With 19 years of experience in Southeast Florida, To focus evaluation of alternatives not solely Christine offers well established relationships on cast but also in their ability to meet with local regulatory agencies and is familiar with schedule, constructability, and regulatory/ permitting processes. She will oversee permitting environmental impacts submittals and inquires to ensure we maintain our To construct all improvements in a safe manner design commitments. —4-2— Page 213 of 600 As we transition from design to construction we'll utilize a similar approach,with separate field crews to SELF-PERFORMANCE YIELDS COST EFFICIENCIES gA construct pipeline distribution and mechanical/facility type projects. Garney maintains a number of utility 0K 10K and mechanical pipe crews both within Florida and MAN HOURS OF WORK d� throughout the US. p�, qp%, Lastly, our team does recognize timely expenditures SELF-PERFORMED WORKED and accurate cash flow must be integrated into the overall project execution and considered when developing the final schedule. Should the City have As design milestones are reached the cost estimate specific cash flow projections which need to be met, will be provided and reviewed with the City. The Garney will help identify these early in the design cost estimate format will be consistent throughout phase and develop ways in which the work can be the process,with changes clearly identified under accomplished to meet these expectations. each bid component, allowing for efficient review COST EFFECTIVENESS OF amongst the team. PROPOSED SOLUTIONS COST ESTIMATING APPROACH Transparency, collaboration, and a clearly defined scope are key components of our team's cost estimating approach. Eliminating scope gap and scope redundancies during the preconstruction phase ensures that the Garney team will receive GUARANTEED MAXIMUM PRICE (GMP) PROCESS complete and accurate pricing from our estimating Through our experience we know the GMP process team and subcontractors. is not a one-size-fits-all approach. We will collaborate with the City on the format breakdown, and structure to meet your needs. We believe the GMP will have five main components including: reclaimed water system, pumping/storage, roadway restoration, project general conditions, and contingency. The format will mimic the cost estimating True open-book estimating is transparent,familiar, structure that will be used to provide cost estimates. and accessible. in lieu of using expensive proprietary Figure I outlines our GMP Development Approach. software, Garney uses Microsoft Excel for our Each component will have a breakdown of the major estimating so that the City can see cost breakdowns. cost components related to design, permitting, At each design milestone, our Design-Build Manager, pipeline installation,trenchless installations, MOT, Dan Smollik will review a detailed Work Breakdown surface restoration, performance testing, and Structure (WBS) worksheet with the City. The WBS commissioning. This level of detail will allow the City to supports an open-book approach and is completely easily review and understand the details that make-up searchable and sortable providing breakdowns of the each work component, and identify specific items current cost estimate showing the total bare cost and within component that could require further analysis. total cost with burden and markups applied. The WBS is sortable by: bid item, pipeline segment, The City will not be surprised with the final GMP pipeline size, construction disciplines, numbers, as our team will be providing initial GMPs and description. at schematic, 30%,and 60%design stages. Reviews will be handled by our team in a timely and efficient -4-3- Page 214 of 600 FIGURE 1: OMP DEVELOPMENT APPROACH PHASE 1:PRECONSTRUCTION PHASE 2:CONSTRUCTION �r STP W.- P_ �' � 211PROCUREMENT '00 EGI 99%DESIGN&ESTIMATE 100%DESIGN&ESTIMATE GMP DEVELOPMENT CONSTRUCTION WORKSHOPS WORKSHOPS WORKSHOPS P Kick-off P Constructability&VE Compare and analyze bids P Discuss project objectives P Open book estimate Identify self-perform portions of P Develop list of ODP items Weekly collaboration work P Identify early procurement Develop early out packages packages >Prequalify potential GOAL Constructability subcontractors >Develop an approved GMP Project partnering >Identify self-perform portions of >select best value subcontractors Value engineering(VE) work Review prequalification process Identify risks GOAL Refine design GOAL >Finalize the budget Provide cost certainty >Reduce contingency Identify contingency P Establish key milestones,goals, and expectations manner and will not cause any delay to the project. MEETING BUDGETARYGOALS We understand this can be a sensitive topic but AND TIMETABLES we are confident our actions and how we conduct BUDGET DEVELOPMENT business will gain the trust of the City expediting Our team philosophy is to develop a realistic cast these decisions. model early,that leaves room for innovation, LIFE CYCLE ANALYSIScreativity,and flexibility. Our goal is to deliver your As the design progresses and decision are made project under your budget in order to return savings on pipe routes, pumping and storage, our team back to the City,or provide the ability to incorporate will prepare detailed evaluations of the alternates additional scopes of work. available for each item. For instance,when we ONCE SELECTED AS YOUR PDB,WE WILL: determine the need for trenchless pipe installations, we will prepare an analysis of the different types of STEP 1 - Identify specific items and scopes of trenchless installation methods: directional drill,jack work to be considered and bore, etc., along with the pipe materials best suited to be installed for each installation method. ;`STEP 2- Produce an initial budget for each individual scope of work For the potential pump station,we will compare STEP 3- Develop a realistic budget based on the the various types of pumps,their pluses and minuses, capital cost, power consumption, and location and current market conditions I maintenance. STEP 4-Use preliminary budgets to prioritize t scopes of work and develop overall scope -4-4- Page 215 of 600 Our input through the initial design to the GMP will potential issues early, prevent delays, and maintain help bring value to the project by using our the overall schedule. This meeting will be open to all experience during constructability reviews and project stakeholders. Should the project schedule identifying the most economical means and methods begin to slide,the scheduling meetings will be revised while giving input on the design. This will provide the to weekly meetings, at which time recovery plans will City with a functional product at the best value. be put in place. O U CAL IS TO DEI IV` Y I PRS``` E CHANGE ORDER CONTROLS UNDER BUDGE-1 IN ORDER ""I RE-11' IRN With the amount of effort during the design phase ° i" ° , L_�� ' '-Y `� PR VIDE and level of detail communicated to potential -; IE AB!"LlIFY INCORPORAIFEAs ssAL prequalified subcontractors and suppliers during SCOPES OF WORK the bid phase,we do not anticipate the need for any change orders. Should a request for change CONFLICT RESOLUTION METHODS order be warranted Garney will be able to review It is Garney's policy to resolve all disputes in a fair, the validity of the request and formulate a response reasonable, and informal manner using win-win for the project team to review. Our team has approach to assure all parties are satisfied without proven and tested subcontract and purchase order resorting to litigation. We believe that all conflicts agreements that have been adapted by many of the can and should be resolved in the field. In the event a local subcontractors and suppliers, and the ability to subject is too complex or difficult to resolve amicably, negotiate mark-ups that are fair and reasonable will we prefer non-binding informal mediation by an be part of the bid evaluation process. outside party. As a last resort, Garney agrees to abide by the rules of the American Arbitration Association Most change order requests originate from an RFI response which changes the contractual scope of to achieve settlement. Under no circumstances do we choose to use litigation as a means for work. Other change order requests are given directly settling disputes. to Garney by the Owner, requesting changes to the scope of work. Upon receiving a request for pricing, SCHEDULE CONTROLS Design-Build Manager, Dan Smollik, prepares a cost Upon Notice to Proceed, Design-Build Manager estimate and presents it and all of the appropriate Dan Smollik will develop a detailed project schedule. supporting data to the City for review and approval. For the preconstruction phase,the schedule will All backup and documentation is attached with this include all required deliverables, including design request. It is not Garney's philosophy to submit review submittals, estimates, GMP, and permit unsubstantiated change orders. applications. PERMITTING APPROACH Permits will likely be on the critical path of the design Our team recognizes permitting is always a key phase, so capturing these items in the schedule is element of the design-build delivery, and has vital to success. As the design progresses, detail will potential to cause delays in project execution. To be added to the construction schedule. The schedule combat this our team will designate a permitting will be updated and shared with the team at monthly coordinator, Christine Miranda, , experienced progress meetings. A two-week look ahead schedule with the local permitting agencies and processes to will also be produced and shared weekly with the City, oversee these submittals and inquires to ensure we subcontractors, and all other members of the project maintain our design commitments. team. The purpose of the look-ahead schedule is to CONTINGENCY ensure the City is aware of work to be performed Garney understands the City awns the contingency and to ensure that all subcontractors know what is fund through all phases of the project and that any expected of them for the upcoming weeks. unused contingency will revert to the City upon Bi-monthly scheduling meetings will be held with all completion. There are several ways to manage subcontractors and suppliers in an effort to identify contingency and Garney will work with the City to identify the most beneficial process to your program. -4- - Page 216 of 600 During the evolution of the cost estimates,we recommend the amount of the contingency be kept THE PDB DELIVERY METHOD inversely proportional to the completion percentage of the project design (e.g. the less complete the project design,the higher the amount of contingency Determine realistic baseline (initial) budget based on required).Garney believes that contingency exists the scope and market conditions. primarily for scope not completely designed or .z quantified at the time an estimate is provided. The amount of contingency set aside at any given point in the evolution of the design will be kept as a separate Once the initial design is developed, provide detailed line item within the design-build estimate.This will estimates based on historical data to reflect the actual cost. be discussed with the project team during eacha , estimate review and prior to any GMP supporting the transparent nature of the open book design-build " estimating process. Next,track all design and/or scope modifications and provide a detail analysis of the budget implications. EXAMPLES OF PROVEN SUCCESS Utilizing the PDB delivery method provides significant flexibility to monitor and address the project budget. Evaluate opportunities for value engineering and It starts with developing and communication a constructabilitysavings. process to monitor the budget,then simply following the plan. Continually review/update budget at each design Our same team led by Dan Smolik designed and stage. constructed the City of Tampa's Perry Street Interim Diversion Facility Emergency Progressive- Design Build project involving the installation of Evaluate opportunities for early-out construction 10,000 LF of 20" FM with over 8,000 LF of pipe packages or long lead item procurement. installed using HDD including a 25 MGD bypass pumping operation to rehabilitate an existing pump station for the City of Tampa in less than seven months. GMP finalization once design and scope decisions are complete. PROJECT MANAGEMENT REPORTING ADHERING TO THE GMP ' Garney's approach in maintaining the GMP and schedule is proactive, not reactive. We will use the following approaches outlined in Table 2 to realize budgetary, schedule,and QA/QC objectives. —4-6— Page 217 of 600 MANAGING AND REALIZING BUDGETARY GOALS, TIMETABLES,AND OA/OC OBJECTIVES APPROACH 1 THE CITY Constructing water/wastewater infrastructure is all we do. We have a detailed understanding of THOROUGH all the required components to provide a complete project. We will leverage this experience as DOCUMENT I we review the design,contract documents,and project requirements to expose,any conflicts or omissions,eliminating the potential for change orders or delays. Our team will draw upon;our comprehensive experience in constructing wastewater facilities CONSTRUCTABILITY to provide practical solutions to complex issues. We will evaluate the unique components that REVIEWSare necessary for the project,and identify potential ways to streamline the process and use the most costeffective construction techniques for maximizing efficiency and reducing cost. Garvey places a great deal of emphasis on pre-planning the work,training the workforce,and PRE-PLANNING using the right materials and equipment to allow work to be done right the first time.As work is completed,Gamey will promptly evaluate quality and identifies any deficiencies that may exist. Once identified,our team will correct deficient work in the shortest timeframe possible. Using lessons learned on Gamey's past projects,detailed scopes of work will be developed for WORK U PACKAGE each bid package and provide clear direction or clarification where necessary to each bidder on CREATION items that should,be included for a complete price.This will eliminate scope gaps or overlaps that can lead to potential changes.All of this information,along with bid documents,will be distributed to each bidder. With Garvey,the City gets the benefit of a local company with a'regional presence and REGIONAL national resources. Garvey has national relationships and agreements with major pipe and NATIONAL valve manufacturers, national and regional supply houses,and pipe manufacturers.Through these relationships,we know who to contact within each organization and how to navigate RELATIONSHIPS layers of management.We will leverage our position to resolve issues and have items delivered expeditiously and cost-effectively. OWNER DIRECT Garvey will lead the process and Uses its experience with ODP to ensure we mitigate any risk to PURCHASE IIS) the City associated with using ODP. COMPREHENSIVEJE T MANAGEMENT documents, and cost database while the City's staff REPORTING SYSTEMwill have unfettered access to the documents as they Garney typically uses Spectrum Project Management are developed. Using these processes will result in the Software to track and manage all project clear transfer of instructions, decisions and questions correspondences, including addendums, requests among the project team,which will allow for timely for information (RFI),submittals, Engineer's identification of concerns, decisions to be made, and supplemental instructions, quotations, ODP appropriate dissemination of information.This allows contracts, and change orders. We understand the the entire process from preconstruction through City has standardized on e-Builder perform this construction to progress without serious delays or function and log/track all items to ensure the items substantial extra costs. were sent to the appropriate parties and that they responded in a timely manner. We utilize the project schedule as a detailed tool that outlines every work task, resource and cost We have experience using this and many other loaded to accurately project manpower and funding project management softwares and do not expect needs,and provide a detailed plan of how our team any issues implementing e-Builder. will complete this project.The schedule will be used as a management tool and updated monthly by the We also establish a dedicated Web-based filing Design-Build Manager, Dan Smollik,and submitted system (SharePoint) for the project. All project team to the City as part of the payment process and members will have access to project records, permit progress report. —4-7— Page 218 of 600 Carney CREATIVITY AND INNOVATION IN PAPPROACH AND SOLUTION SELECTION OPTIONS Page 219 of 600 CREATIVITY AND INNOVATION IN PROJECT APPROACH AND SOLUTION SELECTION OPTIONS INNOVATIVEDuring the construction phase, Garney will work PRACTICESBEST directly with all other contractors and subcontractors The foundation of our project approach is established on the project. We will review each contractor's safety around the care items needed to successful delivery program and help facilitate changes in areas we see of any project: Safety and Quality. weaknesses as applicable to work on this project. Garney performs a Pre-Jab Safety Conference SAFETY APPROACH with each contractor working on-site. During Garney is committed to maintaining a safe work this conference, expectations and protocols are environment for all personnel working on the project. established. These conferences will include attendance We embrace a philosophy of safety and health from the contractor's Safety Manager, Project excellence. Our safety culture, by design, empowers Manager, and Project Superintendent who will be on employee-owners at all levels to accept ownership for site throughout construction. Prior to the contractor safety and take whatever actions are consistent with starting work on site, Garney requires a safety our goal of eliminating all safety incidents. orientation with the crews who will be performing the work. It is our intention that our safety culture will be Safety is Garney's number one company goal and is a passed an to every contractor working an this site. priority above all else. Garney will take ownership in making sure every activity on this project is During construction of the project, Garney will have performed safely. There will be no shortcuts to Ryan Smith, a Certified Safety Professional (CSP), performing this project safely Garney projects on-site for the duration of the work. It is not our operate as Drug Free Workplaces. Factors that make intent for this person to be a safety"police officer," Garney's safety program a success that will be but instead be part of the integrated team between implemented on this project include: the Design-Builder and subcontractors to ensure GARNEY'S SAFETY PROGRAM FEATURES: a safe project. Ryan will perform safety audits on a regular basis to make sure everything is happening as planned. Access for City staff during construction will also be •; •• ;; ; considered in safety protocols. For example, Garney f; has installed temporary platforms at project sites for access to equipment during construction providing 11 :1 s 1 1 s 1 1 walk space and safety rails. We will implement similar practices at the site and work with City staff to ensure safety and access at the site. Garney will ONGOING 1 REVIEWS take ownership in making sure every activity on this BY RYAN SMITH,CSP,SAFETY MANAGER project is performed safely and a safe environment is maintained for City staff. Safety begins during the earliest stages of the project. During the preconstruction stage, discussions are EXPERIENCE MODIFICATIONT (EMR) held on the safest way to construct the project. Garney's EMR for the current year and the prior These discussions are also held during the scheduling two years is shown on the fallowing page. These and planning stage and during the daily task planning. statistics are a numerical representation of our safety performance, but at Garney, safety goes beyond numbers— it is a part of our culture. Page 220 of 600 WORKER'S COMPENSATION EXPERIENCE GarnevtConstruction Manager,Will Poczekajwill MODIFIER RATING regularly audit the project procedures, and verify that Safety isalways Garne/s#1 priority. documentation control, project specific work Our numbers reflect that. preparation forms, inspection records,testing certifications' and commissioning certificates are �OlO 1^� strictly comp|iedwith. Hewill also perform inspections 2017 1^", on subcontractors'work to confirm that they adhere 2016 tothe quality control standards for this project. 2015 1^� [)UAL|T [) Y� NTR[)L |5THE5TAN�ARDF[)R EN5UR|N�THATVV[)RK |5 |N5TALLE�[)NLY[)N�E 2014 1.� ATTHEH|�HE5T[)UAL|TYT[) EN5UREPR[)PER Experience Modification Rate (]PERAT|(]N5AND EXTENDED L|FE, �Gamey Holding Company mdustryxverage PROCEDURAL IMPORTANCE AND COMMUNICATION {�U�\UTY�\SSURANCE��{�N��{�L�\�P�{�� ' Q[ plan is made up of several Quality is one ofGarney's core company goals. Asuccessfu| Q4'J Garney'sPDB team brings diversified backsections {]neofthe more important sections is orounds � backgrounds with extensive knowledge in estimating' managing, "Procedures.'' |twill beimportant toestablish these and constructing wastewater facility projects. procedures during the initial coordination meeting Combining that knowledge with our experience with the project team to ensure they are adhered to managing large design-build prothroughout the project These procedures will include projects makes � ' unique|yqua|ified to deliver ahigh quality project. items such as: FORMS The project team will beresponsible for preparing a SITE SPECIFIC SAFETY COMMITTEE QA/QC plan that reflects the philosophy that quality isplanned and built into the project, not"inspected" MATERIAL TESTING PROCEDURES into a project.Therefore' our team will treat the QA/ REPORTING RESPONSIBILITIES Q[ plan asaliving document initially established at ADMINISTRATION CHANNELS the project's start and continually improved upon as the project progresses. COST CONTROL With all components of the project' QA/QC will Early Work Packages be an important oversight to ensure the project Abenefit ofusing design-build isthe ability todevelop isbuilt tohigh standards and tominimize rework Early Work Packages /EVVPs\. These packages could situations. This isespecially important for this project beused toaddress schedule issues and toprovide since this plant isinoperation and cannot have any early completion orcritical needs/issues within the unscheduled interruptions during construction. plant. One potential EVVP that would benefit the City Garneyhas astrong resume and impeccable and project istoselect and purchase pumps and reputation having constructed a number of water and electrical long-lead items. wastewater rehabilitation projects throughout the country and state ofFlorida. OWNER-DIRECT PURCHASE /ODP\ Within the past 15 years, Garney has assisted owners ' in managing$250Mthrough ()DPprograms, saving Owners more than $l5M. Using our knowledge and experience,wehave established adetailed process that allows for streamlined implementation and Strict internal controls will be implemented to assure meets the standards required by the FDEP. We work that the specified quality ofwork isachieved. directly with the City's purchasing team and leverage —5-2— Page 221 Of 600 our relationships and national presence with the VALUE ENGINEERING vendors to make the process as smooth as passible. CONSTRUCTABILITY We recommend the City use ©DP to direct purchase CONSTRUCTABILITY ISSUES the major process equipment, large diameter pipe Preconstruction activities such as design reviews and large diameter valves. This recommendation and constructability evaluations are activities we could potentially save the City in excess of$250,000. incorporate into every project, regardless of the Garney will lead the process and uses its experience delivery method. Our Design-Build team will draw with ©OP to ensure we mitigate any risk to the upon our comprehensive experience in upgrading, City associated with using©OP. Our©OP depth of experience is show an the fallowing page: expanding and constructing wastewater facilities to provide practical solutions to the complex problems that sometimes develop. We will evaluate the unique OWNERDIRECT PURCHASE PROCESS components that are necessary for the project, and identify potential ways to streamline the process and OWNER I. Logo for top of Purchase use the most cast-effective construction techniques PROVIDES 2.Authorized signor of Purchase Requisition for maximizing efficiency and reducing cast. GARNEY 3.Tax Exempt Certificate VALUE ENGINEERING (VE) PURCHASE Garney creates purchase requisition for ODP VE is a creative, organized effort that analyzes REQUISITION material and submits to Owner for approval. Garney ensures all necessary attachments are the requirements of a project for the purpose of included prior to review by Owner achieving the essential functions at the lowest total casts over the life of the project. Through REQUISITION Once approved by Owner,Garneywill forward a collaborative investigation with experienced, SUBMIT complete purchase requisition with all multi-disciplinary teams,the value and economy attachments to vendor on behalf of the Owner of a project is improved. This can be accomplished through the study of alternate design concepts, IV materials, and methods,without compromising the REQUISITION Upon receipt of signed purchases requisition functional and value objectives of the client. REVIEW from manufacturer/supplier,Garney will Garney will begin the VE process by holding meetings review and transmit to Owner for execution to discuss expectations and responsibility of each party. This is not a formal setting and requires a team ORIGINAL After execution,one original document is mentality with the same objective. The project will DOCUMENT returned to the supplier on the Owner's behalf recognize the greatest gain on ideas presented before DELIVERY the implementation of the GMP, however with this process in place, subcontractors and suppliers will VISUAL As ODP items are delivered to the project site, also provide great insight. INSPECTION Garvey will visually inspect all shipments and approve the vendor's shipping record for IV materials delivered Garney served as the CMAR on the Plant City WRF Expansion and was selected at the 60% INVOICE All invoices from the vendor must be directly design phase. Early in preconstruction, Garney CONFIRMATION sent to the Owner via Garvey. Garney will suggested a radical change to the clarification review all invoices and confirm their accuracy prior to forwarding them technology and site layout which eliminated two phases of construction, limited impact INVOICE Owner is responsible for timely payment of to the existing facility, reduced the project duration by 12 months, and. reduced thee. PAYMENTS invoices as detailed by the payment terms on cost of the project by$4M. Through these each purchase requisition. Owner will transmit payment to vendor directly efforts,we were able to return morethan $560K of contingency money to the City, - - - Page 222 of 600 RECENT ODP EXPERIENCE IN FLORIDA NORTHWEST REGIONAL WRF EXPANSION Hillsborough County,FL $193,175,506 $17,914,393 GREEN MEADOWS VVTPEXPANSION Lee County Utilities,FL $75,890,5 07 $17,860,740 PEACE RIVER WTP EXPANSION Peace River MWSA,FL $61 3 87,5 21 $17,254,299 APOPKAVVRIF EXPANSION City ofApopka,FL $N,OOO,OOO $14,000,000 REGIONAL WTF AT YANKEE LAKE Seminole County,FL $40,183,950 $9,643,302 PLANT CITY VVRIF EXPANSION City ofPlant City,FL $39,046,696 $4,400,000 RIVER OAKS DIVERSION PROJECT !,H: :1 Hillsborough County,FL $28,491 0 00 $1,683,585 CENTRAL P&SCOWATER SYSTEM IMPROVEMENTS Pasco County Utilities,FL $24,150,311 $8,324,496 AIRPORT WRIF PHASE 2 IMPROVEMENTS Hernando County,FL $24,060,873 $3,704,543 VVVVTPEXPANSION&UPGRADE LoxahatcheeDistrict,FL $Z3,38O,181 $3,758,705 WWTP UPGRADES&EXPANSION City of North Port,FL $2 2,60 2,7 52 $4,432,125 QC&LAWATER RECLAMATION FACILITY NO.3 City ofOcala,FL $19,327,965 $4,543,500 WASTEWATER TREATMENT PLANT UPGRADES City of Inverness,FL $13,701,329 $3,988,670 EAST SIDE VVRIF EXPANSION-PHASE U City ofClermont,FL $13,443,374 $2,631,285 Sometimes itisalso difficult torecognize the value in an item until the full details and cost are worked Jf�� through. Something which appears minimal toour ° Helps everyone involved onthe project better team may be of great cost to a subcontractor or understand the client's needs supplier. The quickest form ofVEiseliminating scope oritems. Examples ofthis include: ° Improves functionality ofthe project Eliminate ° |mprovesthe pro�/ectschedule orability tohold below structures the already tight schedule Reduce oreliminate office trailer requirements if ° Creates functional brak1hroughsbby targeting ample space isalready available product specification errors Eliminate ° Prevents"habitual thinking''and creates an openness to new ideas Reduce oreliminate insurance requirements bv ° Amethod tobuild a"project contingency fund" amending existing policies for use in other shortfalls Reduce oreliminate bonding requirements ° Improve ormaintain treatment process design Eliminate requirements for contractors to provide parameters within the established budgets temporary utilities ° Reduces project costs Eliminate spare part requirements that may not beused —5-4— P@Qe 223Of600 MITIGATION T T In addition to the project's construction activities, Garney will develop a Risk Mitigation Register for submittals, material procurement, and key the project based on our understanding of detailed subcontractors will be included in the schedule to scope of work. The Risk Mitigation Register will be monitor the overall progress. The Garney team will introduced at the first detailed planning session establish internal project milestones to ensure overall meeting and will be developed from Garney's Pre- project progress is being made. The schedule will Job Safety and Risk Analysis Form to help the project be updated monthly reflecting the progress being team discuss in-depth the overall approach to made. It will be used as a tool to identify critical constructing the project to identify unique project items that could impact the overall completion. hazards and approaches to dealing with those risks. We will be able to produce reports that accurately reflect construction progress and use two week "look ahead"schedules to manage resources and manpower for timely construction completion. Staying ahead of critical schedule items is the best Our team will develop detailed severe weather and defense against schedule problems. It boils down to hurricane preparedness plan and continually monitor being proactive, not reactive. By actively managing the weather for potential or on-going events. In the the schedule, items of concern will also be managed. event that a situation occurs, our self-performance With Garney's self-performance capabilities,we have capabilities allows us to control the activities and the ability to provide additional resources in the schedule, so we stop work and prepare the site and event we need to recover schedule loss. We have all work areas prior to the events occurring. included a project schedule on the following page. SCHEDULE The success of a schedule first begins CONTROLLING SCHEDULE IMPACTS with the thoroughness and collaboration SCHEDULE IMPACT ' that is put forth in developing it. Watch for changes to the critical . A comprehensive schedule will be path.If float on the critical path is . develo ed immediate) u on notice- consistently reduced,problems need P Y P to be addressed. to-proceed and will continue to be refined throughout the design phase. SCHEDULE IMPACT ;' Collaboration in developing this schedule Inclement weather. m 3 fm i1� m > m m m i mim with key stakeholders is vital.The City, ' ' '" ' ' m " m mm along with key subcontractors and suppliers,will be involved in developing the schedule to ensure all key elements SCHEDULE IMPACT the that affect the project are addressed. Run the schedule first using longest path to identify the true The schedule will be broken dawn into critical path. IIlIIIII �l I , f t1 1 , , , , , 1111111111 pre-construction and construction ......... .......... ........ ....��i�h � ��14�h4!ih4 �� ,�,,,,,,,,,, �5�, phases. Each component will be SCHEDULEIMPACT individually scheduled. See the overall Run the schedule and look for draft schedule on the next page. Our activities that are within 30 days of the longest path. team will identify all critical path activities t that will require additional attention for ensure they do not impact the overall SCHEDULE IMPACT "} '{I'' ` '"'J ` 1}S '' ', r l,` }i}l�Si rS�'t i it jii4 ii�ti��)S�t yl}}{�V r inti;�il��)'4r „ s I , l rVA�fi� i�R` We will also work close) with all project. Y Watch for opportunities to start work �'\`�'��,`rrVIWRW,l „I�r,;,�(s�; permitting agencies to receive input in early based on activities riding the order to mitigate or eliminate potential data line(work that could start but is t gP not shown as critical). issues that can impact the schedule. Page 224 of 600 CITY OF BOYNTON BEACHc'I'► + / RECLAIMED WATER DISTRIBUTION SYSTEM ` °" ID Task Name Duration Start Finish 2019 2020 2021 2022 2023 2024 ..................................................................................................................................................................... 2 NTP with Design-Build Services 0 days Mon 5/6/19 Mon 5/6/19 /6''`'. NTP with Design-Build Services 3 Design Completion 0 days Fri 10/15/21 Fri 10/15/21 10/15 ♦ Design Completion 4 Construction Start 0 days Mon 11/18/19 Mon 11/18/19 1'', /1 Construction Start 5 Substantial Completion 0 days Fri 7/22/22 Fri 7/22/22 7/22 Substantial Completion 6 Final Completion 0 days Fri 9/2/22 Fri 9/2/22 9/2 Final Completion 8 Team Kick-off Meeting 1 day Mon 5/6/19 Mon 5/6/19 9 Develop GMP for Pre-Construction Services 20 days Mon 5/6/19 Fri 5/31/19 10 • a . a 11 Package I Design-FY 14/15 Projects 100 days Mon 6/3/19 Fri 10/18/19 12 Package II Design-FY 16/18 Projects 200 days Mon 9/23/19 Fri 6/26/20 13 Package III Design-FY 18/19 Projects 180 days Mon 6/1/20 Fri 2/5/21 Nil 14 Package IV Design-FY 20/21 Projects 200 days Mon 1/11/21 Fri 10/15/21 15 •• •• a . a 16 Package I GMP 30 days Mon 10/7/19 Fri 11/15/19 17 Package II GMP 30 days Mon 6/15/20 Fri 7/24/20 18 Package III GMP 30 days Mon 1/25/21 Fri 3/5/21 19 Package IV GMP 30 days Mon 10/4/21 Fri 11/12/21 20 • • r r . 21 Package I Construction-FY 14/15 Projects 120 days Mon 11/18/19 Fri 5/1/20 22 Package II Construction-FY 16/18 Projects 220 days Mon 7/27/20 Fri 5/28/21 23 Package III Construction-FY 18/19 Projects 120 days Mon 5/31/21 Fri 11/12/21 24 Package IV Construction-FY 20/21 Projects 200 days Mon 10/18/21 Fri 7/22/22 SUBCONTRACTING All participants will be given an opportunity to A successful program starts with being proactive provide input on potential scope/bid packages with to ensure the subcontractors and suppliers are the intent to increase participation on the project informed about the project and its needs.To ensure Each entity will be asked to submit suggestions and we meet the goals,we began by engaging local firms recommendations to the design-build team to be part of our design/engineering team. We will inventory the interested local and W/M/SBE firms based on their work type and capabilities. Based on information gathered from interested firms, bid packages will be tailored to Upon being selected,we will continue this with on- the project's needs going and active engagement of the local businesses. To accomplish this,we will hold two project A second project information meeting will be information meetings to attract W/M/SBE and local scheduled once design is completed and we begin to develop each GMP. At the meeting we will: firms to participate on the project. The first meeting will happen upon notice to proceed Review the bid packages with potential firms (NTP) and the project definition being finalized by Provide assistance with document review, quantity the City. We will work with the City's Purchasing take-of and scope analysis department to solicit and invite potential vendors and Assistance issues they may have with bonding, subcontractors to attend this meeting. insurance or other business related issues This process is geared to act as a mentoring process, We will give an overview of the project with to provide hands on assistance and support to anticipated scope or work and project timeline. maximize the local and W/M/SBE participation on the project. —5-6— Page -6— Page 225 of 600 FOR SUBCONTRACTED WORK COMMUNICATION TOOLS Subcontracting isacritical component ofthe project Garnevtapproach toevery project webuild focuses on and provides specific risks toquality. The Garney the philosophy ofteamwork, believing that each firm's team will award subcontracts atall tiers based on role isequally important tothe success ofthe project. the best value ofprequalified subcontractors.A Akey factor inteamwork starts with communication. subcontractor's prequa|ificationisevaluated based Effective communication with the City will beacritical their past project experience and key factors such as component for the success ofthis project. Our team quality and safety. VVeonly qualify and select firms will ensure effective communication through frequent that webelieve are capable team members who can meetings, reviews, and workshops toprovide real- deliver ahigh'qua|ityproject'within schedule and time,face'to'face interaction with the appropriate budget constraints. To the highest extent possible, team members. wewill utilize NVM/SBEqualified firms tosupport small and emerging business initiatives within the With any business model, success is ultimately Boynton Beach area. dependent on the individuals involved and their ability to engage in open and honest communication from After selection,weassume all responsibility for the the start. The success ofthis project will depend on management ofsubcontractors and their quality the ability ofthe project team (City and Garney) ofwork onthe job. Our on-site Superintendent towork together inacollaborative environment to Humberto Del Cid will manage the safety, quality, generate comprehensive project solutions. Garneywill production, and cost control ofall subcontractors. beafully integrated member ofthis project team, and provide management services with a commitment to SELF-PERFORMANCE transparent leadership. Garney's ability to self-perform critical path activities will ensure the City's project is completed n schedule. Understanding that communication is paramount to the successofthe project our team will establish clear Acontractorwhose|�performsbringsatremendous ' benefit tothe project and the client. {]urability to |inesof�ommuni�ationbetweenthe [i��ourteam' and projectstakeholders bvusingthe se|�performwi|| reducecost' expediteschedu|e ' andensurequa|ityandsafetur�rewstypi�a||y following processes: safety. Our self-perform heavy civil excavation and backfill, MAINTAINING EFFECTIVE COMMUNICATIONS site dewatering,treatment plant conveyance and Taking the lead role in communication distribution pipelines,treatment process piping, structural concrete,start-up and commissioning, Developing adetailed project tea0orOaDizatioDaiChartVVith and plumbing. roles and responsibilities Holding regular on-site meetings �A/�� |N ��L�-P��K8^�� - ' � HVidiDU�Ch�dUi�[��i��t�k��pthgpr ��CtVDt[GCk ��ilNPoczek ~' [onstruction ��anagerwi|| oversee ~ and ensure quality construction whether the work Taking digitat pictures and aerials photos to track is being conducted bvasubcontractor oraGarney work progress employee. Hewill beresponsible for verifying that Using email and phone calls tokeep iDtouch proper materials and equipment are furnished and Preparing an emergency contact list used, competent workmanship isprovided, and all design requirements are met. He will define methods of inspection and testing as required by PUBLIC RELATIONS PLAN the design and set forth anequipment and material- Meaningful two-way communication with all parties is receiving process toconfirm that all equipment critical tobuilding trust, understanding and consensus and materials meet design specification and between the impacted stakeholders and the project submittal requirements. team. This high-profile project requires consistent public engagement strategies that will allow usto execute the concerns and opinions of residents and businesses served bvthe S[RVVVVT&DF. —5-7— Page 226 of 600 At the start of this public involvement effort, mail, door hangers, social media,telephone, and The Merchant Strategy,Inc. ) will public meetings, newsletters, press releases and meet with both the City's Project Representative other printed collateral materials which will allow us Mr.Christopher Roschek and the Garney Design-Build to maximize our outreach. These can be produced Manager, Dan Smollik,to listen and ask questions to in English, Spanish, and Haitian-Creole languages to fully understand the scope of the project. effectively reach the population. TMS will create a Public Involvement Plan (PIP) in The project website can be hyperlinked to the City an easy to understand format, outlining the details website (www.boynton-beach.org) to provide about the project background, purpose and need,the stakeholders with in-depth information, commonly timeline, impacted parties, project duration, relevant asked questions, project pictures, upcoming meeting elected officials and key City department staff,the details, a hotline number and email address for number and types of expected meetings, incorporate more information.The website and other collateral ADA and Title VI (nondiscrimination) required materials will outline the project information and language, and ensure that the City complies with the the various benefits to current and future residents Plain Language Initiative. and visitors. Our team will engage the public through meetings,selecting an appropriate ADA compliant We will construct a stakeholder database of impacted venue, providing public notice, producing meeting Boynton Beach residents and business owners, materials, staffing the meetings and providing meeting special interest groups such as conservation and notes afterward. environmental groups like the Florida Department of Environmental Protection and Palm Beach TMS will create project specific social media platforms, County Soil and Water Conservation, Mr. Doug such as Facebook and Twitter,to communicate project Levine, Chief of Operations at the SCRWWT&DF, information and engage impacted residents of project Engineering Division and other key senior staff progress, milestones and water usage changes. Social and departments such as Development, Utilities, media sites will be kept updated and coordinated with and Public Works, media and others to use for appropriate City staff. information dissemination. We will use the Palm Beach County property appraiser website and Google TMS takes a detailed approach to performing door Earth to determine the residential neighborhoods, to door visits within a project area. Knowledgeable apartment complexes, businesses and other staff will map out the area, prepare and deliver impacted stakeholders. door hangers. TMS will utilize platforms of communication authorized by the City to reach stakeholders,which may include,a website or web page, email, direct i f Carney 11 �,��r,,Ch`,n,{n� REFERENCES - PAST PERFORMANCE Page 228 of 600 REFERENCES - PAST PERFORMANCE PAST PERFORMANCE Together,the Garney team offers the City an experienced local group of professionals backed by a considerable depth of resources and national experts. Our experience designing and constructing complex pipeline projects will be especially critical in alleviating risk for the City. We are certain our team brings strong directly-related qualifications and experiences to make this a successful project. We are confident the best testament to our work can be heard through the voice of our clients. Below we have listed three governmental agency references for similar design-build or CMAR contracts within the past three years. We encourage the City to call our clients to learn first-hand about our success with similar projects. SUCCESSFUL RESULTS ON RELEVANT PROJECTS. pLL. MARKS STREET/ PASADENA PLACE UTILITY IMPROVEMENTS r Orlando, FL k t Agency:City of Orlando Address:400 South Orange Avenue, Orlando, FL 32802 E-mail: kristina.fries@cityoforlando.com Contact Name: Kristi Fries, Project Manager Contact Telephone:407.246.3353 PERRY STREET INTERIM DIVERSION FACILITY EMERGENCY PROJECT IhfI 01,1, I't III I1";[.III rte & Tampa, FL r` Agency:City of Tampa Address:2545 Guy N.Verger Boulevard,Tampa, FL 33605 E-mail:cassidy.barrett@tampagov.net Contact :Cassidy Barett, Project Engineer, Contact Telephone:813.274.8890 RIVER OAKS DIVERSION PROJECT .; Hillsborough, FL �s�tr w7sti�1 lt. Agency: Hillsborough County Address:925 East Twiggs Street,Tampa, FL 33602 E-mail: rawlst@hillsboroughcounty.org Contact :Thomas Rawls, PE, Infrastructure Program Manager ® Contact Telephone:813.209.3004 Page 229 of 600 Carney t SUBMITTAL OF GENERAL INFORMATION AND PROCUREMENT FORMS AND DOCUMENTS Page 230 of 600 SUBMITTAL OF GENERAL INFORMATION AND PROCUREMENT FORMS AND DOCUMENTS We have included the following fully executed forms within this section: Proposer Acknowledgement Proposer Qualification Statement Addenda Acknowledgement Anti-Kickback Affidavit Non-collusion Affidavit of Respondent Confirmation of Minority Owned Business Scrutinized Companies Certification Palm Beach Inspector General Acknowledgement Local Business Status Certification Statement of Non-Submittal (if applicable) Schedule of Sub-progressive Design Build Teams Florida Professional License and Business Permits Proof of Liability Insurance - Page 231 of 600 PROPOSER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES CITY OF BOYNTON BEACH 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 RFQ Title: "RECLAIMED WATER DISTRIBUTION SYSTEM PROGRESSIVE DESIGN/ BUILD" RFQ Number: 013-2821-19/TP RFQ Due On: March 28, 2019, at 2:30 P.M. (LOCAL TIME) RFQ's will be publicly opened and recorded for acknowledgement of receipt in Procurement Services, unless specified otherwise, on: March 28. 2019. at 2:30 P.M. (LOCAL TIME)and may not be withdrawn within ninety (90) days after such date and time. Name of Vendor: Garney Companies, Inc. Federal I.D. Number: 44-o658613 A Corporation of the State of: Missouri Area Code: 321 Telephone Number: 221*2826 Area Code: 407 FAX Number: 287'878° Mailing Address: 37o E.Crown Point Road CITY/State/Zip: Winter Garden, FL 34787 Email Address: dsmolik@garney.com Authorized Signature Daniel R.Smolik, Director of Pipe Operations Name Typed THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 013-2821-19/TP-Reclaimed Water Distribution System 22 PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Check One Submitted By: Corporation Name: Garney Companies, Inc. Partnership Address: 37o E.Crown Point Road Individual CITY, State, Zip: Winter Garden, FL 34787 Other Telephone No.: 321.221.2826 Fax No.: 407.287.878o 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: Garney Companies, Inc. The address of the principal place of business is: 1333 NW Vivion Road Kansas City, MO 64118 2. If Proposer is a corporation, answer the following: a. Date of Incorporation:'2/27/1961 b. State of Incorporation: Missouri C. President's name: Scott Parrish Timothy Behler,Stephen Ford, Matthew Foster, Mike Gardner, d. Vice President's name: Greg Harris;Wayne O'Brien,Jason Seubert,and Bill E.Williams e. Secretary's name: Tom Roberts f. Treasurer's name: Meggan Krase g. Name and address of Resident Agent: Incorp Services, Inc. 17888 67th Court North Loxahatchee, FL 33470 RFQ 013-2821-19/TP-Reclaimed Water Distribution System 23 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: N/A b. Name, address and ownership units of all partners: N/A c. State whether general or limited partnership: N/A 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: N/A 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name? 58 Under what other former names has your organization operated? N/A 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. Garney holds a Florida General Contractor, Building Contractor,and Underground Utility & Excavation licenses.We have included copies of our licenses as well as a list of all our state licenses at the end of this Section. 8. Did you at nd the Pre-Proposal Conference if any such conference was held? YES NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: N/A RFQ 013-2821-19/TP-Reclaimed Water Distribution System 26 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) Pertinent experience of the key individuals on our team is detailed in the resumes located in Section 3 of this proposal.Our team offers a depth of relevant pipeline and collaborative delivery project experience throughout Florida. 11. State the name of the individual who will have personal supervision of the work: Dan Smolik, Design-Build Manager 12. State the name and address of attorney, if any, for the business of the Proposer: Mike Strong,Garney General Counsel 1333 NW Vivion Road Kansas City, MO 64118 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent(5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: Garney is a l00%employee owned company. No businesses and/or individuals own an interest of more than five percent. 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: Garney Companies, Inc. is a wholly owned subsidiary of Garney Holding Company. Please see attached list of parent company and subsidiary companies. 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: The Continental Insurance Company,a CNA Surety Company:151 N. Franklin Street Chicago, IL 60606 and Liberty Mutual Group:450 Plymouth Road,Suite 400 Plymouth Meeting, PA 19462 Agent Name and Address: Thomas McGee, L.C.: 120 W. 12th Street,Suite 1000, Kansas City, MO 64105 Contact: Doug Joyce,CIC, Managing Partner djoyce@thomasmcgee.com Ph: (816) 842-4800 RFQ 013-2821-19/TP-Reclaimed Water Distribution System 27 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work 10 b. Non-Governmental Related Work 10 Total Work(a +b): 10 Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone Commerce Bank l000 Walnut,17th Floor Kansas City, MO 64106 816.234.2124 Brett Gray,Vice President 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). Garney has a long-standing and successful track record in delivering infrastructure projects with a high level of design and construction quality,on time,and within approved budgets.Garney's best practices for project monitoring, budget control, and adherence to project schedule are detailed in Section 5 of this submittal. 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): Strict internal controls are implemented to assure that the specified quality of work is achieved.The QA/QC program is created and customized for each specific project, and is provided to the Owner prior to mobilization. Details of Garney's QA/QC management methods is detailed in Section 5 of this submittal. RFQ 013-2821-19/TP-Reclaimed Water Distribution System 28 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? /A NO N/A RFQ 013-2821-1g/TP did not request financial audits be submitted. YES N 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). Garney Companies, Inc. is a wholly owned subsidiary of Garney Holding Company. Please see attached list of parent company and subsidiary companies. 22. What will be your turnaround time for written responses to City inquires? Garney will provide electronic response within 48 hours of inquiry 23. List and describe all bankruptcy petitions (voluntary or involuntary)which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. None 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. None 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. None RFQ 013-2821-19/TP-Reclaimed Water Distribution System 29 ------------------- 26. Has the Proposer, its principals, officers or predecessors' organization(s)been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. No The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed) (Title)Daniel R.Smolik, Director of Pipe Operations Subscribed and sworn to before me This 28 day of March , 2019 F3otM PUblie State of Florida s cF Carolyn Fracek My Commission GG 124065 Expires 08115/2021 Not y Publi (Signature) My Commission Expires:( W Q f THIS UST BE SUBMITTED LONG WITH RESPONSEIN ORDER FOR PACKAGE TO BE CONSIDEREDLTE AND ACCEPTABLE RFQ 013-2821-19/TP-Reclaimed Water Distribution System 30 Page 238 of 600 GARNEY HOLDING1 'A ar ng OPERATING CO E , lAND LOCATIONS iCAi rim r PARENT COMPANY Garrey Holding Company is the umbrella/parent company of the following operating subsidiaries: OPERATING SUBSIDIARIES GARNEY COMPANIES,INC. GARNEY FEDERAL,INC. GARNEY PACIFIC,INC. GARNEY P3,LLC 1333 NW Vivian Road 1333 NW Vivian Road 324E 11th Street,Suite E2 1333 NW Vivian Road Kansas City,MO 64110 Kansas City,MO 64110 Tracy,CA 45376 Kansas City,MO 64110 A&W MAINTENANCE WARREN ENVIRONMENTAL 137 Pine Street 137 Pine Street Middleborough,MA 02346 Middleborough,MA 02346 Page 239 of 600 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ No. 013-2821-19/TP - "RECLAIMED WATER DISTRIBUTION SYSTEM PROGRESSIVE DESIGN/BUILD" PROPOSER: Garney Companies, Inc. DATE SUBMITTED. March 28,2019 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CITY OF BOYNTON BEACH ADDENDUM NO. DATE ADDENDUM No. DATE One March 20,2019 ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 013-2821-19/TP-Reclaimed Water Distribution System 31 The City of Boynton Beach Finance/Procurement Services 3301 Quantum Boulevard,Suite 101 Boynton Beach,FL 33426 P. O. Box 310 Boynton Beach,FL 33425-0310 Telephone: (561)742-6322 FAX: (561)742-6316 ADDENDUM NO. 1 DATE: March 20, 2019 BID TITLE: "Reclaimed Water Distribution System" RFQ NO.: 013-2821-19/TP This addendum to the drawings, specifications,and/or contract documents is issued to provide additional information and clarification to the original BID specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. hl case of a conflict, this Addendum No.I shall govern. 1. Question: Could you give me the engineers estimate/budget for the above referenced project? Response: The budget is $2.5M each year for 4 years for a total of$1 OM. 2. uestion: With reference to Section 41 (C) 2 "Firm's Qualifications" please confirm that the reference projects must be EITHER similar in scope OR similar in size, but not necessarily both. In other words please confirm that all reference projects do not have to: • include some or all of the following components: design of new or improvements to existing potable water and storm water distribution systems with associated tie-in and road, sidewalk and landscape restorations; AND • be completed under the design/build or CMAR delivery method; AND • be>$1,000,000 in cost (design plus construction). We ask because in prior similar solicitations the City has broken down the qualification as >2 projects similar in scope and>2 projects similar in size,but not both. Response: Reference projects should be of both similar size and scope and completed under the progressive design build, design build, or CMAR delivery method. 3. Question: With reference to Section 41 (C)2"Firm's Qualifications"we request that the reference projects be allowed to include reclaimed water and wastewater pumping,collection and transmission systems (as currently written we interpret the requirement to limit qualifications to potable and storm water systems,while this project focus is reclaimed water). RFQ 013-2821-19/TP—Reclaimed Water Distribution System 1 g e Response: Reference projects may include storage,pumping and transmission of reclaimed water, wastewater,potable water, raw water, and/or stormwater systems. 4. uestion: Please confirm that the 15 page limitation for the work plan is limited to items A-G in Section 4.1.5 Creativity and Innovation in Project Approach and Solution Selection Options,as described in pages 12 and 13 of the RFQ? Response: The 15 page limitation is the total number of pages for both Sections 4.1.4 and 4.1.5. This includes "4.1.4 Approach,Demonstrated Skill Set, and Innovative Ideas that will be used to address the Scope of Work(A-F)"and "4.1.5 Creativity and Innovation in Project Approach and Solution Selection Options (A-G)". 5. uestion: Please clarify what is required to be submitted in response to "3.(f) 3. Projected workload of project management services as defined in the scope of services." and how this should be differentiated from the workload requirement of 3.(c)? Response: Section 3.c. requires each staff member's involvement in the project expressed as a percentage, and Section 313. requires a workload projection for the project team. 6. Question: Can the City supply the members of the Selection Committee? Response: The Selection Committee has not yet been established. 7. uestion: Does the City anticipate issuing an addendum with other questions asked? Response: Questions to this RFQ will be allowed up to March 19, 2019 no later than 2:30PM,which is 10 days before the closing of the RFQ. Per the RFQ Document Section 3 Page 8. 8. uestion: Regarding Local Business, can the City explain how the 5 points will be pro-rated (e.g. points for companies within Palm Beach County, subconsultants within City Limits, etc.)? Response: Per City Administrative Policy NO. 10.16.01,the preference does not apply to projects subject to CCNA. The revised evaluation criteria Section 5 Page 14-15 is attached to this Addendum No.1. 9. uestion: We understand that to secure the Local Preference points the proposer must have a local office and submit the requisite BTR license, however please confirm if there is a requirement that the local office be open for a duration prior to submitting the Proposal? Response: Please see updated points under each criterion within Section 5 Page 14 -15 of the RFQ, local preference will be excluded from the evaluation points. 10. uestion: The RFQ states that the overall goal for the City and Delray Beach is to increase the reclaimed water capacity by 7.7 MGD, this project concentrating on the City of Boynton's Beach goal of increasing 3.85 MGD. Response: This project is not limited to 3.85 MGD expansion of the Utilities reclaimed system. 11. uestion: From the SCRWWT&DF website, it states that the plant is permitted to treat an average of 24 MGD and has an average flow of 17 MGD (about 7 MGD difference). Does the plant currently have the installed capacity to treat the total 24 MGD? Response: Yes RFQ 013-2821-19/TP—Reclaimed Water Distribution System 2 1 F a p, e 12. uestion: And is the expansion of the treatment capacity of the current facility included as part of this scope of work(24 MGD +3.85 MGD)? Response: No 13. uestion: Is there available space in the SCRWWT&DF for any proposed improvements (storage tanks,pumping facilities,treatment units,etc.)? Response: No improvements will be made on SCRWWT&DF property as part of this RFQ. REVISIONS: SECTION 5—Revised Maximum Potential Points n(Updated and Revised)* If you have any further questions or require additional clarification,please e-mail Taralyn Pratt, Contract Coordinator at prattt@bbfl.us or at(5 61)742-6447. Sincerely, Tim W.Howard Assistant City Manager-Administration RFQ 013-2821-19/TP—Reclaimed Water Distribution System 3 1 F a p, e The City of Boynton Beach Finance/Procurement Services 3301 Quantum Boulevard,Suite 101 Boynton Beach.FL 33426 P. O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561) 742-6322 FAX.- (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM NO. 1 "RECLAIMED WATER DISTRIBUTION SYSTEM" RFQ No.: 013-2821-19/TP RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE, Daniel R.Smolik PRINT NAME OF AUTHORIZED SIGNATURE OF AUTHORIZED REPRESENTATIVE REPRESENTATIVE Garney Companies, Inc. March 20,2019 NAME OF COMPANY DATE RFQ 013-2821-19/TP—Reclaimed Water Distribution System 4 1 F a g e REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 013-2821-19/TP FOR "RECLAIMED WATER DISTRIBUTION SYSTEM PROGRESSIVE DESIGN/BUILD" SECTION 5—EVALUATION OF PROPOSALS 5.1 EVALUATION OF PROPOSALS The Selection Committee will review and evaluate all proposals submitted in response to this solicitation. The Committee shall conduct a preliminary evaluation of all responses based on the information provided and other evaluation criteria as set forth in this solicitation. The selection of the best-qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive to this solicitation, and will be evaluated as follows: The selection committee will review and evaluate all RFQ responses. The determination shall be based upon the following criteria and respondents shall provide, as a minimum the information listed under each criterion. Evaluation Criteria Maximum Potential Points Qualifications of the firm 20 Assigned Staff Qualifications and Experience 35 Project Approach 35 References 10 Total 100 A. Evaluation Process 1. A Selection Committee will review each written submission for compliance with the requirements of the RFQ, including verifying that each Proposal includes all documents required. In addition, the Committee will ascertain whetherthe provider is qualified to renderthe required services according to State regulations and the requirements of this RFQ. 2. In the event less than three (3) firms submit responses to the RFQ or less than three (3) are deemed qualified by the Selection Committee, then Procurement Services shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to re-advertise, and after a subsequent advertisement resulting in three(3)firms that still cannot be qualified,then the City shall proceed hereunder with the qualified firms. 3. The Selection Committee will score and rank all responsive and proposals based on the requirements of the RFQ and determine a minimum of three (3) firms deemed to be the most responsible, responsive firms. 4. The Selection Committee will conduct discussions, interviews, or require presentations from the RFQ 013-2821-19/TP—Reclaimed Water Distribution System 14 shortlisted firms. Upon completion of the discussions, interviews or presentations,the Committee will re-evaluate, re-rate and re-rank the proposals remaining in consideration based upon the evaluation criteria listed above. 5. Upon final ranking, the list of proposers recommended as the most qualified will be submitted to the City Commission for approval. 6. Upon approval by the City Commission, the City will negotiate an agreement based on the attached draft contract found attached developed from this Request for Qualifications. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement, the final contract will be submitted to the City Commission for their consideration and approval. 7. Should the City fail to negotiate a satisfactory contract as determined to be fair and competitive with the highest-ranked firm, negotiations will formally be terminated. The City will then undertake negotiations with the second-ranked firm. Should negotiations fail also with the second-ranked firm, then the third- ranked proposerwill be notified for negotiations. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFQ 013-2821-19/TP—Reclaimed Water Distribution System 15 a, t ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I,the undersigned hereby duly sworn,depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: IV NAME- SIGNATURE Sworn and subscribed before me this 28 day of March 20 19 Printed Information: Daniel R.Smolik NAME Director of Pipe Operations TITLE NOTARY A BLICX State of Flori at Large Garney Companies,Inc. COMPANY a Notary Public state of Florida Carolyn FracekMy Commission GG 124065 Expires 08/15/2021 "OFFICIAL NOTARY SEAL" STAMP THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 013-2821-19/TP-Reclaimed Water Distribution System 32 Page 247 of 600 S I ` NON-COLLUSION AFFIDAVIT OF RESPONDENT State of Florida ) County of Orange ) Daniel R.Smolik being first duly sworn, deposes and says that: 1) He is Director of Pipe Operations of Garney Companies, Inc. , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFQ: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further,the said proposer 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 proposer,integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer,or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the of the proposer or any of its agents, representatives, owners, employees, or parties in interestaffiant. (Signed)IN (Title) Daniel R.Smolik,Director of Pipe Operations Subscribed and sworn to before me This 28 day of March 20 19 CarNotary Frig State of Florida Notary Pu is (Sign ture) MComma ion GG 124celk 065 p L[ Expires 08115/2021 My Commission xpires: 0G—( J" -zI U L THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 013-2821-19/TP-Reclaimed Water Distribution System 33 Page 248 of 600 i CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your RFQ responses. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( x ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: N/A Issuing Organization for Certification N/A Date of Certification THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 013-2821-19/TP-Reclaimed Water Distribution System 34 i v CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 Daniel R.Smolik, Director of Pipe Operations Garney Companies, Inc. I, P P , on behalf of certify Print Name and Title Company Name Garney Companies, Inc. that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 013-2821-19/TP-Reclaimed Water Distribution System 35 As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Garney Companies, Inc. ' LA COMPANY NAME SIGNATURE Daniel R.Smolik Director of Pipe Operations PRINT NAME TITLE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 013-2821-19/TP-Reclaimed Water Distribution System 36 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this integrator complies fully with the above requirements. Vendor's Signature: Daniel R.Smolik, Director of Pipe Operations THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 013-2821-19/TP-Reclaimed Water Distribution System 37 t PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT RFQ NO.: 013-2821-19/TP "RECLAIMED WATER DISTRIBUTION SYSTEM PROGRESSIVE DESIGN/BUILD" The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its subcontractors and lower tier subcontractors. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Garney Companies, Inc. FIRM NAME B Daniel R.Smolik Y Title: Director of Pipe Operations Date: March 28,2019 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 013-2821-19/TP-Reclaimed Water Distribution System 39 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION Daniel R.Smolik , the Director of Pipe Operations of (Name of officer of company) (Title of officer of company) Garney Companies, Inc. located at 37o E.Crown Point Road,Winter Garden, FL 34787 , (Name of Corporation/Company) (Business Address) certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: Garney Companies, Inc. Is the business located within the City limits of YES NO Number of Years: Boynton Beach, Florida? Does the business have a business tax receipt YES NO Business License issued in the current year? Number: V/ Is the business registered with the Florida Division YES NO of Corporations? V/ I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Daniel R.Smolik Print Name: Signature: LA ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 013-2821-19/TP-Reclaimed Water Distribution System 40 STATEMENT OF NOW SUBMITTAL If you are not submitting an RFQ for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified vendor's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: FAX EMAIL ADDRESS: t%uhh._ SIGNATURE: _At� DATE: X V1 WE, the undersigned have decline spon RFQ o.: 013-2821-19/TP for "RECLAIMED WATE STRIBUTI ST PROGRESSIVE DESIGN/BUILD" because of the follow' Scope of S s to includes pplies is geared toward a specific brand or integrator o xplain below) Insufficient time to and to the Invitation We do not offer the services outlined in the Scope Our product schedule would not permit us to perform Unable to meet the requirements of the Scope of Services Unable to meet bond/insurance requirements Scope of Services unclear (explain below) Other (specify below) REMARK: RFQ 013-2821-19/TP-Reclaimed Water Distribution System 41 0 m 0C m C o v CD (� C w 2 O - E � m a N N O 0 07 N (D co N — co —� o ,G "O (D 00 o o _ QC-) _ (D y cl (n V V j ��J O � � � l- ln� - In � M (Dc o cow — $y p J 0 C) - O 0. 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O C C Q (D N m — — 0 m o m s' o DO v -� Z :3 �_ = o 0 0 0 0 0 o n v oc D �' m : 0 n v o (Dv m 2. rt v v o 0 (n D (n ( 7 W v' a ' r o 0 0 c� � N v � — � 0 (n (n Page 256 of 600 FLORIDA FF I L LICENSE AND BUSINESSPERMITS GARNEY CONSTRUCTION ORICKS-TT,GOVERNOR JONATHAN ZACHEM,SECRETARY HONdd p r STATE OF FLORIDA DEPARTMENT OF BUSINE55AND PROFESSIONAL REGULATION CONSTRUC1ig0,4, DIQ TVL�kSINGBOARD V, J THEGENERgt-QO.TRq J�44 N d l UNDERTHE PROVISIIA"t' 489 'iORJ' kl�UTES AR i Mi ANl 6 6 9P itl'I45T IJ" ppryV Ott St`��J Y i OF k T" PI i Llt�p �!uror "�: tc iaz 51 z p EXPIRAT11 NT G.WST 31,2020 lr Alwaysverfyhcensesonlne AMyFlordaLic--c.m I Do not alter this document in any form. O i This is your license.It is unlawful for anyone other than the licensee to use this document. ORICKSMTT,GOVERNOR JONATHAN ZACHEM,SECRETARY b8 p r STATE OF FLORIDA DEPARTMENT OF BUSINE,55 AND PROFESSIONAL REGULATION CONSTRUCTI ``4NQ Y Llt SING BOARD THE BUIL DIN(53YTIfACEIN PtCJ.UNDER THE PROVISI�,[S.OR�-IA 1 489 FLOT�TUTES r, IU3 Igf n EXPIRATION AT CWS'f 31,2020 1 Always verfy hcenses mli-AMyFlordAic- c.,, i Do not alter this document in any form. ❑E fie_+ This is your license.It is unlawful for anyone other than the licensee to use this document. ORICKS-TT,GOVERNOR JONATHAN ZACHEM,SECRETARY b8 p r STATE OF FLORIDA DEPARTMENT OF BUSINESS ANO PROFESSIONAL REGULATION CONSTRUCTI'O IN 114*64SrING BOARD THE UNDERGROUND U1r4ktx EX !kith C, N.S CERTIFIED UNDER THE PROVI51C4 QFt}�.�-1 4.89 FC,0 �5T4TUTES ,as i G E r iJ� etc MPNI JLNG Rr Of r� St ,m LIW rtGN1IE Z_ p EXP IRATI'fYNWTG.WST 31,2020 lr Always verfy hcenses mli-AMyFlorda Lic--c.m JI Do not alter this document in any form. O This is your license.It is unlawful for anyone other than the licensee to use this document. Page 257 of 600 FLORIDA FF I L LICENSE AND BUSINESSPERMITS GARNEY CONSTRUCTION State of Florida Department of State I certify from the records of this office that GARNEY COMPANIES,INC.is a Missouri corporation authorized to transact business in the State of Florida, qualified on September 11, 1987. The document number of this corporation is P 15940. I further certify that said corporation has paid all fees due this office through December 31,2018,that its most recent annual report/uniform business report was filed on January 10,2018,and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under ray hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Tenth day of January,2018 -- PX ' k Secretary of Stat e Tracking Number:CC9013R97793 To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. h ttps://services.sunbi7..org[Filings/CertiffcattOtStatus/Certiff cateAuthen tication Page 258 of 600 STATE PROFESSIONAL LICENSE AND BUSINESSPERMITS GARNEY CONSTRUCTION Nt ey ADVANCING WATER STATE LICENSES STATE LICENSE NUMBER EXPIRATION DATE Alabama 13459 08/31/19 Arizona R00074957 09/30/19 Arkansas 0032110315 03/31/19 California 926314 12/31/20 Florida CUC1224263 08/31/20 Florida CGC1515632 08/31/20 Georgia UC300487 04/30/19 Georgia GCC0002378 06/30/20 Hawaii ABC 34692 09/30/20 Louisiana 13504 01/07/22 Maryland 03316819 04/30/19 Mississippi 05095-MC 07/26/19 Nebraska 22727 12/01/19 Nevada 0081812 11/30/20 New Mexico 389726 09/30/19 North Carolina 25801 12/31/19 Oregon 207279 07/20/19 South Carolina G11824 10/31/20 Tennessee 23798 05/31/20 Utah 239445-5501 11/30/19 Virginia 2705122417 05/31/20 Washington CC GARNEC1884K5 05/24/19 West Virginia WV048483 02/28/20 Page 259 of 600 FLORIDA FF I L LICENSE AND BUSINESSPERMITS HOLTZ CONSULTING ENGINEERS CK SCOTT,GWERNOR I0NATHAN1—IIASECRETARY RGOV ICK SCOTT, ERNOR ' FI rda � � ioNAINAN cncekrn skcrcElnxv db rda pr STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF BUSIN'ES'S PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND:PROFESSIONAL REGULATION �, k BOARD Olt, ,..0;�ySIONA..�,ftNG,INEERS BOARD,ORP, tQ�ftCSNd*1GINEERS �> THE ENGINEERlNp!.d§INf '#(ANIttbED UNDERTHE i THE PROFESS lfj4 ( NGi� jN�Is I �UNDER THE PROVISlO141$.OF,HAP,' j 471 FLOM STATUTES � PROVISl�ti�F$Of',tiAf� 47 T UTES HOLT � � T I+UGINg .INC. 5, i G2i�f'RAEJB I�EVARp � t J k5 itzt 2 t,7 .R tt r, 1' JAI LW°E l f fs4 L » 2 20.W " I L1 ., 0 m __ PI RATI EXPIRATIONDA EFR� UA Y28,2021 I _ A ENS kl B 1Y 6Always verfy cense...I.at NIyEIord-....ecom EX ..E�, 28,2021 Always—iffy license...!.at MyElord censecom DO-t alter the document m any form 4 'M D 1 onotalterthsd...—t navy form Thssy.ur cense It sunlawfulforanyoneotherMan Me en...t0usethsdocument. I]k T This kyour li— It,, ul for anyoneother thanthel censee to usethis do ment. N R I—INAN—HIM,S-1IMY dda r al STATE OF FLORIDA aT DEPARTMENT OFBUSINESSANDPROFESSIONAL REGULATION Woman Minority Business Certification BOARD 004',40"��I�NN„,GI,NEERS f THE PROFESSl60I,'&Cj 1, t&'t&' DUNDER THE PROVISa.�J�}$rOf' �1A�04,71 PCYYRI £T�ITUTES Holtz Consulting Engineers,Inc. Is cer1Ifled under We premslons of zs� �I�`��jai sD EVAR 287 antl'295.t67,R©Wife Slatut ,frir a pnrdntl Trgm: l ''F R $(D�f5g07 09/25/2018 to 09/25/2020n� 1fEf� N P5 A5 EXPIRATI N. B4iA72Y 28,2021 Rrn Flack,Sa-satrry A-,—iN l......onl ne at My-,id L....e.. Flw de l3apeM1menlot Afe,uaeveaof 6errees t 1\ Iy Do not alter the document i.avy form SHGce ofSUPW'endl erslxy AGRSRIa eWa%5a4e JB0 unVllmltra rnmlwa r 1 -❑�' This kyour licens e It kunlawful for anyone other than Me licensee to use this document. Ron Decants,Governor Palm Reach Caunty FBPE Office of Small Business Assi5tanre �W L°W - STATE OF FLORIDA Ccu fi-Thee. HOLTF COUSUMNC ENGINEERS,INC. Vendor I VCM105215 BOARD OF PROFE,_$S1ONAL ENGINEERS 1 s{' �� lazrrpnse.axealsd bT"`�” f 2d9..ff�e,Y9N.8�rv.,4r THE PRO FESSION i N EREFM�}§[ UNDER THE �'.erl y aa.1 rxwx a rens -..�..ra+1a P til t �N SED PROVISIOo4gF Gafa 1y'1r,FLC ,4l, TATUTES the f�QItTSFei S,.»ar mn'ea Ttodura ar..ron f rekr of,s.�timi-ws-m � � �f}S,Ia.- 7f d t 11 -ASTE W.TFR IRr.A"alYrwl Est INLraKI'N'a. t,r ftcry` 46 } � � � l Z Allan F G-. !Y a ••••••• LICEN` f�Nt�Eaz. �tY 9 EXPIRATION DATE.'EBRUARY 28 2021 Always verfyl cin I at MyEl tl L ..corn Do not alter the d...-Ht i.avy form SO r Ths kyour — Its unlawful for anyone other than the censee to use this document. Page 260 of 600 FLORIDA FF I L LICENSE AND BUSINESSPERMITS CES CONSULTANTS .. . ......v v,,... . F PPE on o Ealloa oNAr�AN=Ac�EM=EcaErAay dkJa STATE OF FLORIDA ar STATE OF FLORIDA BOARD OF PROF F�S61ONAL ENGINEERS DEPARTMENT OF BUSINESS-,',A ',ND FR,QFESSIONAL REGULATION v w. II x THE ENGINEERING9{fE55-kflER�Ir11S.Ak OPRIZEDUNDERTHE BOARD034f"ROF�S ION NGINEER$ eUd PROVISIO S'i,7F C'H �1 Ftf�' R ATUTES � 4(i' ��jj}}pp THE PROFESS16N[I,ENGIi�„T� 'RE WAD UNDERTHE l t} d Sd11t� PROVIS6 4€ ;OF HAP 1 471 FC_Y7 FV T�7UTES ti Ili kill" �4 � 1L�Y CN �f� 'Gkn 36 {I'I 4t (�I $�Y3 TH {s Y ij I�p4 ut 05llCt' `F2 t � � PE RfM �1 l �27 'WEN, .. ...... UC6t+�tiF'rvUWf�CR A8$'ll ."� 'a, "'....2 IXPIRATI W E��,FI:B,WU#RY 28,2021 EXPIRATION DATE:FEBRUARY28,2021 Always verify l censer omneat Mynd cen.e.com Always verfy li cense...Ine at My-,i—i........ Ell. o o. o Do not alter this document n any form R Do not alter this document n any form 0'4 This is yourlcense its-lawful for anyone other than thelcensee to use this document. 0r Ths is your license its a nlawful for anyone other than thelcensee to use this document. ,r' j l Minority Business Certi_fi_cati€ori CES Cilsultants,Inc. IS codified under the provisions of 287 and 295.187,Florida Statutes,for a period➢rom: 01/12/2018 to 01/12/2020 a�as❑eca�io��rr��,oam s:.a,»sa otlr afs PF'A+rc {i Of[sn n!Suppl eFGhersitY�A45YFsW?natl'��aASui4 36B�CrllMazcee,FL%349.059�ABYtlta5.,riw.G ns,myllaLtlacauifvN �a,eyee,nea„=ecre�rydb"pr STATE OF FLORIDA DEPARTMENT OF BUSI NE$$111D RRQFESSIONAL REGULATION BOARD c3F`t�{t(?�t, IONJ�f.�dGI N EERS THE PROFESSI(SN�SI�ENGI�,+{gm. jigt �#P,UNDERTHE PROVI$I .tr`OF (,'0 471 Ftbft`l ST9.TUTES ttt ' I !t�f}h+f� hRT�i©IrYf�i�� 7 � t a2� �� q titEll�{�"�Sf�B U�F1y ttf�Q� to); nt f.l="5ICE i Nu ..... P aa3' EXPIRATI W 'i'l—RUARY28,2021 Always ver fy I tenses onl neat MyFlontlaLicense.com o �o Do not alter m s document n anv form O This isyourl cense It sunlawfulfor anyoneotherthan thel censer to usethis document. Page 261 of 600 FLORIDA FF I L LICENSE AND BUSINESSPERMITS THE MERCHANT STRATEGY ,fay 6,each ncounty t7r�� •� l�i�G� �� fSurraPJ6veemess�ssWacace ce��mat The Merchant Stral"y,Inc, Minority & Woman aendar�VC€s�30116 9i .s m SxmtU�i«xmn�wnmeus tmkrynrc asprc�rarc8ef 1r.revaicw}.&82J ]-.F�_35 yt'Alin.Pk�,4n-:Rrard Cnmvyr C`sdY.,f •rAr€zP &er+•dJ Business Certification AUL 72,20..17-JULF 1J,202U 7'h�1uPuxuxF}5m.=ect•.s.�v'ur Pau-ka�.erc nrxmt =§'F,rmiC�a-lwr: Cmaamfwnii-assume:Pw�nl..�&drlartimos Camsul.5ag TheMerchant Strategy, Inc. Gavermmvultilc m ixIii.gsv�im Web Pap G s �„?dai,¢>lcmamc�e amd amagemeaat Seim Is aertsfied under the provisions of 287 and 296 187,Flonda Statutes,for a period from: 12/19/2017 YO 12/19P2019 ��,IL� f III)Ilei- BAILEY ENGINEERING FBPE D t=, wemor FBPE STATE OF FLORIDA STATE OF FLORIDA BOARD OFPRS?F,€SSION:�.L ENGINEERS BOARD OF F`RRFE�IONAL ENGINEERS THE ENGINEERING HW3'NFS rt CRE1N dSAi1'ia itIZED UN DER THE THE PRO FESSION,ALt l�lfc{ 'ieRL�FA�I�f ONSED UNDER THE PROVISIOfISf,SF CH i�,�i FLI}') *S�TATUTES PROVISIORIS 5H "1 4J l ; f '§7 «,1 Ft�l hs�'TATUTES � '7r s s iI ltsdl�r _ r" - IF t {fit BAILEY� ' Oki rr�s xr Ts,INC. q ___ LICH 6Ek 783 I LICt�lr, 'W1f1Nk9R PFS}Zd61 ....4 EXPIRATION DATE �EBRUARY28,2021 ( EXPIRATIONDATE FEBRUARY - Al rfyl tenses onIi.,at MyDau or acen:e tom 28 2021 Always—fy Ii eonlne at MyFl rdaL cense.com Ell. o ' De n of alter Ms d ecu meat m a ny for.. 'y Do not alter th s document n any form Th s s y ur l cense Its unlawful for anyone other Man the l ensee to use this document. s 176 0 This your lice lts unlawful for anyone other than the ken—to use this document. • r Page 262 of 600 FLORIDA FF I L LICENSE AND BUSINESSPERMITS ENGENUITY GROUP Florida Department of Agriculture and Consumer Services Division of Consumer Services License No.:LB6603 Board of Professional Surveyors and Mappers Expiration Date: February 28,2021 2005 Apalachee Pkway Tallahassee,Florida 32399-6500 Professional Surveyor and Mapper Business License Under the provisions of Chapter 472,Florida Statutes ENGENUITY GROUP INC 1280 N CONGRESS AVE STE 101 WEST PALM BEACH,FL 33409-6377 NICOLE"NIKKI"FRIED COMMISSIONER OF AGRICULTURE This is to certify that the professional surveyor and mapper whose name and address are shown above is licensed as required by Chapter 472,Florida Statutes. fl C,fr 1�l1' �ripaw Beach ty t)hare of Equal 8ustness ppvortunrt c ,r . e Engenuity Group,Inc- Minority Business Certif cafi ori Vendoz WC00O2,106440 ,:�a S.wav&a'mfwantim a^".r�nvu�.PrarratrnT BP'n"�'-'^+='"�L hY—?`&iL�O wfllFe:iklm-Btu,;d Engenuity Group,Inc CMI Engineen ig .PP Hagh—ys,5areexs;:Airport pair-?ar'cer ng Lots-Eagi—in Is c�grtgietl untler the provisionsg San t:pry� 287 and 2®5.187,Florida Statutes,for a period tram: mir Suraegvw"Ser'.'.ies.e"Lanefi 03106/2018 tO 03/06/2020 Kgapprng&C+ographi-i mi-marran St+xterns[G.€'S}Serv",ces water Supply.Tri=atmert,,and Distnbcnsm,[Enginuaring. a6r F D ahnani Aanaq:m NSsrcees of-rGi,fs6r,plisr Ak f 4 ' eN '.PPP , r�.. h�or5uppllerkjwe"ity 9d5U€zpiaR eYy ut;e JBo.Y aM1zss4F,Ft 32589 i99 BP OVtR.�rvrrca�unyllml�as� Page 263 of 600 FLORIDA FF I L LICENSE AND BUSINESSPERMITS TIERRA SOUTH FLORIDA �oesa��,,�o�emo, ria,eyee,kea„,sec,e�ry db' r palm Beach ccatnv Office of Small Ill Assil cersr8�s.'hax STATE OF FLORIDA TiefTa Sauth Florida,Inc. DEPARTMENT OF BUSIN�$SANO PROFESSIONAL REGULATION 0 1 .51$ '0,111E , BOARD OIt\1 ,..0 4$ION/1..�, NCxINEERS u..s s='nt'"'k ''a;'—E..,—.p—''AM&r-4-24&2e-2"a�as�r”' �,r� b a s e--ug Cm ns ,� THE ENGINEER04r'nfAINf 1-INlb i 'ED UNDERTHE C7tdauker v,r7G}.�'umtrl'C1L" JSer 89;?9's'3 PROVISIbj+!$.OF �-INY`{ 471 FLY5Y�� STATUTES Tl�i�P qf ff�� Care®e0laug Sae i ,q"a rraaeaT � ly� l,�1JT43RfF 11 a �e� aom�ma r� la sar Y4 4'�di1sYflSlfPkWN 7�9 E,<aAP[Alrslits111nulimg and Iim'aa Sasaices r=F 4ii 4✓~4 BF'F+ iPli 11 Tela R,asl,nmr rken�or js t��l S7 A�umiutr Cum Fra➢Tiesrum�Seawices iav�m�tr® n i'f`7 S1Yta.. ....,:. a w IXPIRATON G)7Y E� RUAWE 28,2021 Always—fyl cense...) eat My-,id ....e.. AR-F Cr.%M-4b., ,m axes ISI S �`•�a app Do not alter this document n any form. �+lzRSl ME Thisisyourl cense It sunlawlul foranyoneother than thelcensee tousethisdocument. Minority Business Certificati€tri Tierra South Florida,Inc. is coned Under the provisions of 287 and 296.187,Florida Stafuros,for a period from: 11/01/2017 t0 11/01/2019 Enrt Fuck,rre-s�- Flw de t3apahryenlot Afe,u6evea�f 6arrees OT1iC irPSUI p�(sr'.. 11 >IY SHGce ofSup�l�andl iry Ad;G Rspla eWX,5�4e JBO' MVIlmitra�m'!wa Page 264 of 600 FLORIDA FF I L LICENSE AND BUSINESSPERMITS INFRAMAP CORP Florida Department of A.gricultum and Cunsumer Services, r gq�rr � Division of Consumer Services License�L.:� kF it HP l! Board ol'Pr[ale"dfinsal Survevrrrssand Ia`tsappersExpriatac a -)ate February 28,2021 2,1415 Ap alztclaee Pkwtav Tatllah assce,Florida 32399-6500 Professional uru or and ;Dapper BusinesS L Ceai Ander the,provisions,of Chapter 472,Florida Stattmes INFRAMAP CORP 1860 OLD OKEECHOBEE ROAD,4201 WEST PALM BEACH,FL 33409 AI)A,Ivl H pt l-NAM COMMISSIONER OF AGRICtwll..'1'URE 'n-as€sa a¢Rut+•€h;aa aw profosat+rrat wve yor acid mapper w ka As:ri sa,w,arWr xtdrus.; reh-u i,liue.r3erl aK ready and ba Ch,pi,-r 47K,Flvrada r5raru..... Page 265 of 600 PROFESSIONAL LIABILITY INSURANCE GARNEY CONSTRUCTION DATE(MM/DD/YYYY) AC"Ra CERTIFICATE OF LIABILITY INSURANCE 9/26/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HONEHays Companies A/C' 0 Ext: (816)474-3535 p/C No:(816)842-5795 1200 Main Street, Suite #2310 ADDRESS:lrobb@hayscompanies.com INSURER(S)AFFORDING COVERAGE NAIC# Kansas City MO 64105 INSURERA:Allied World Assurance Co Inc INSURED Garney Holding Company/Garney Cos Inc/ INSURER B: Grimm Construction Co Inc/Garney Federal Inc/ INSURER C: Encore Const Group Inc/Garney Pacific Inc INSURER D: 1333 NW Vivion Road INSURER E: Kansas City MO 64118 1 INSURER F: COVERAGES CERTIFICATE NUMBER:Prof 2 18/19 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBTYPE OF INSURANCE INSO Wyo POLICY NUMBER POLICY EFF POLICY EXP LTR MM/DD/YYYY MM DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE 1:1OCCUR PTED REIMSES(AGE ToER occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY 1:1 PRO-JECT 1:1LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER —7TH ANDEMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Contractor's Professional 0308-6126 10/1/2018 10/1/2019 Each Claim $2,000,000 Liability Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE SAMPLE ONLY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE James Hays/NCOLLEa ' ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Page 266 of 600 PROFESSIONAL LIABILITY INSURANCE GARNEY CONSTRUCTION CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) llk� 1 9/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carolyn Short Arthur J. Gallagher Risk Management Services, Inc. PHONE FAx 2345 Grand Blvd., Suite 400 A/C No Ext:816-395-8558 A/C No:816-467-5558 Kansas City MO 64108 ADDRES& carolyn_short@ajg.com INSURER(S)AFFORDING COVERAGE NAI C# INSURER A:Travelers Property Casualty Co of America 25674 INSURED GARNCOM-01 INSURER B Garney Holding Company (See attached list of Additional Named Insureds) INSURERC: 1333 NW Vivion Road INSURER D: Kansas City MO 64118 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:496436747 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ DAAGE ToTED CLAIMS-MADE 1:1 OCCUR PREM SES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑JECPROT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNEDSCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR Y Y ZUP-14578452-18-NF 10/1/2018 10/1/2019 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED X RETENTION$None $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. For Information Purposes Only Proof of Insurance AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 267 of 600 PROFESSIONAL LIABILITY INSURANCE GARNEY CONSTRUCTION AGENCY CUSTOMER ID: GARNCOM-01 LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Arthur J.Gallagher Risk Management Services,Inc. Garvey Holding Company (See attached list of Additional Named Insureds) POLICY NUMBER 1333 NW Vivion Road Kansas City MO 64118 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE For the following additional Named Insureds: Garvey Holding Company Garvey Companies,Inc. Garvey Federal,Inc. Garvey Colorado,LLC Garvey Water Partnership Garvey P3,LLC Following Form Primary/Underlying Policies with Liberty Mutual Fire Insurance Company: General Liability including Completed Operations Policy#TB2-641-426942-728,Eff.10-1-2018/10-1-2019 Automobile Liability Policy#AS2-641-426942-718,Eff.10-1-2018/10-1-2019 Employers Liability/Workers'Compensation Policy#WA2-64D-426942-738,Eff.10-1-2018/10-1-2019 Employers Liability/Workers'Compensation Policy#WC2-641-437723-908—WI only,Eff.10-1-2018/10-1-2019 Following Form Coverage A-Excess Liability includes Blanket Additional Insured,Primary and Non-Contributory and Blanket Waiver of Subrogation as required by written contract.Includes All Work and Operations Performed by insured covered by Primary/Underlying policies. For the following additional Named Insureds: Garvey Pacific,Inc. Garvey Hawaii,Inc. Following Form Primary/Underlying Policies with Liberty Mutual Fire Insurance Company: General Liability including Completed Operations Policy#TB2-641-444498-028,Eff.10-1-2018/10-1-2019 Automobile Liability Policy#AS2-641-444498-018,Eff.10-1-2018/10-1-2019 Employers Liability/Workers'Compensation Policy#WA2-64D-444498-038,Eff.10-1-2018/10-1-2019 Following Form Coverage A-Excess Liability includes Blanket Additional Insured,Primary and Non-Contributory and Blanket Waiver of Subrogation as required by written contract.Includes All Work and Operations Performed by insured covered by Primary/Underlying policies. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 268 of 600 PROFESSIONAL LIABILITY INSURANCE GARNEY CONSTRUCTION Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.POLICY LIMITS ARE NO LESS THAN THOSE LISTED,ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that Garney Holding Comppanyy/Carney Companies Inc./ Grimm Construction Co.Tnc./Garney Federal, Inc./ NAME AND "� Encore Construction Group, Inc. ADDRESSMutual, 1333 NW Vivion Road OF INSURED _ Kansas City MO 64118-4554 INSURANCE �atis' the issue date of this certificate,insured by the Company under the policyfies)listed below. The insurance afforded by the listed policyfies)is subject to all their terms,exclusions and Conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE TYPE OF POLICY El CONTINUOUS POLICY NUMBER LINIIT OF LIABILITY ❑EXTENDED POLICY TERM WORKERS 10/1/2019 WA2-64D-426942-738 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY LAW OF THE FOLLOWING STATES: COMPENSATION AL,AR,AZ,CA,CO,FL,GA,HI, Bo dily In'ury by Accident Includes Coverage 3C,Other all other states IA IN KS KY LA,MD MO MS 1 000 OOOIachAcctdeat States Insurance:All States Nb,NE,NM,bK,SC,fN,YX,UT except those listed and the WC2-641-437723-908 VA,VT,WV Bodily Injury By Disease states of ND,OH,WA,and W (Wisconsin) WC2-641-437723-908 policy-WI $1,000,000 Bodily Injury By Disease $1,000,000 li�ch perm. COMMERCIAL 10/1/2019 TB2 641 426942 728 General Aggregate GENERAL LIABILITY $4,000,000 M OCCURRENCE Products/Completed Operations Aggregate $4,000,000 ❑CLAIMS MADE Each Occurrence $2,000,000 RETRO DATE Personal&Advertising Injury $2,000,000 Per Person/Organization Other 10ther $300,000 Damage to Premises $10,000 Medical Expense Rented to You ALTOMOBILE 10/1/2019 AS2 641 426942 718 Each Accident—Single Limit LIABILITY $2,000,000 B.I.And P.D.Combined OWNED Each Person MNON-OWNED Each Accident or Occurrence M HIRED Each Accident or Occurrence OTHER ADDITIONAL CONIlVIENTS *If the certificate expiration date is continuous or extended term,you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Liberty Mutual THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 60 DAYS NOTICE Insurance Group OF SUCH CANCELLATION HAS BEEN MAILED TO: FFor Informational Purposes Proof of Insurance Stacy Spieker Overland Park/0335 AUTHORIZED REPRESENTATIVE 8700 Indian Creek Parkway,Suite 350 Overland Park KS 66210 913-681-1700 9/26/2018 LOFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10 44460151 I LM 2660 110/18-10/19 - All Lines I Donna Smitala 19/26/2018 1:42:12 PM (CDT) I Page 1 of 1 LDI COI 268896 02 11 Page 269 of 600 PROFESSIONAL LIABILITY INSURANCE HOLTZ CONSULTING HOLTCON-04 SNELSON DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Suzanne Nelson NAM E: Collinsworth,Alter,Lambert,LLC PHONE 561 868-6291 FAX 427-6730 23 Eganfuskee Street (A/C,No,Ext):( ) (A/c,No):(561) Suite 102 E-MAIL ADDRESS:Snelson@callic.com Jupiter,FL 33477 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Crum&Forster Specialty Ins 44520 INSURED INSURER B:Travelers F9209 Holtz Consulting Engineers,Inc. INSURERC: 270 S Central Boulevard INSURER D: Jupiter,FL 33458 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2'000'000 CLAIMS-MADE X OCCURX X EPK122605 05/15/2018 05/15/2019 DAMAGEPREMISES TOEa RENTEDoccurrence $ 100,000 MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 2'000'000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4'000'000 POLICY PRD 1:1LOC PRODUCTS-COMP/OP AGG $ 4'000'000 OTHER: $ A AUTOMOBILE LIABILITY COM DINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X X EPK122605 05/15/2018 05/15/2019 BODILY INJURY(Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATIONOT - AND EMPLOYERS'LIABILITY STATUTE EERH ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X UB5K0687661847G 05/15/2018 05/15/2019 X E.L.EACH ACCIDENT $ 1'000'000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 11000'000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab EPK122605 05/15/2018 05/15/2019 Agg$4M,Per Occur 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is included as an additional insured for ongoing and completed operations for general liability per forms EN0111&EN0320 when required by written contract.General Liability is primary and non-contributory when required by written contract.Waiver of subrogation applies to general liability,and workers compensation when required by written contract.Cancellation per policy terms and conditions. RE:PLC1265;Contract#14-005. Professional Liability policy includes a Specific Project Excess endorsement for Palm Beach County Water Utilities contract. Excess Limit:$1,000,000 per claim thereby increasing total limits to$3,000,000 per claim/$4,000,000 aggregate reflected above.Palm Beach County Board of County Commissioners,a Political Subdivision of the State of Florida,its officers,Employees and Agents are Additional Insureds with respect to General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Palm Beach County ACCORDANCE WITH THE POLICY PROVISIONS. C/O Insurance Tracking Services Inc(ITS) PO Box 20270 Long Beach,CA 90801 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 270 of 600 PROFESSIONAL LIABILITY INSURANCE CES CONSULTANTS Client#: 1053638 CESCON DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 12/07/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAM E: USI Insurance Services,LLC PHONE 813 321-7500 FAX A/C No Ext): (A/C,No): 2502 N Rocky Point Drive E-MAIL ADDRESS: Suite 400 INSURER(S)AFFORDING COVERAGE NAIC# Tampa,FL 33607 INSURER A Travelers Indemnity Company of CT 25682 INSURED INSURER B:Travelers Indemnity Company 25658 INSURER C CES Consultants,Inc. Admiral Insurance Company 24856 880 Southwest 145th Avenue,Suite 106 INSURER D Pembroke Pines,FL 33027 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X 6609D349718 12/06/2018 12/06/2019 EACH OCCURRENCE $130003000 CLAIMS-MADE OCCUR PREIMIG ES Eaoccurrrence $130003000 MED EXP(Any one person) $103000 PERSONAL&ADV INJURY $130003000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY 7 JJECT 7 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY X X BA748OX896 5/15/2018 05/15/2019 EOaBINEDSINGLELIMIT $130003000 IxxANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOSHIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Peraccident $ B X UMBRELLA LIAB X occuR X X CUP4K364717 12/06/2018 12/06/201 EACH OCCURRENCE $530003000 E= LIAB CLAIMS-MADE AGGREGATE $530003000 DED X RETENTION$103000 $ A WORKERS COMPENSATION X U1371<180701 7/08/2018 07/08/2019 X STATUTE E°R" AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEACH ACCIDENT $130003000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $130003000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $130003000 C Professional E000004118702 12/06/2018 12/06/2019 $5,000,000 per claim Liability $5,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Professional Liability coverage is written on a claims-made basis. CERTIFICATE HOLDER CANCELLATION For Proposal Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE p p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 0&-(W �AO------ ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S24445113/M24445105 MRLEW Page 271 of 600 Carney 6.C. CONSENTAGENDA 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Approve disposal of vehicles/equipment submitted by the Fleet Division and declare sixteen (16) vehicles/equipment as surplus and approve the disposition of these items via auction using various means, such as JJ Kane live auction, JJ Kane on-line auction and GovDeals.com EXPLANATION OF REQUEST: Fleet Maintenance is submitting sixteen (16) items to be disposed at auction utilizing various means. These proceeds will generate revenue for the Fleet Maintenance Fund. Fleet Maintenance has verified that the vehicles are no longer of use and has completed all proper documentation for disposal. Public Works/ Fleet Maintenance Requests Commission's review, evaluation and approval to sell the surplus vehicles/equipment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The disposal of obsolete, damaged and surplus vehicles/equipment will remove the need to store the items, and allow the Finance Department to remove the items from the City's fixed asset records. FISCAL IMPACT: Budgeted The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund, and credited to the account#501-2516-519.64-33. The funds are used for the future procurement of vehicles/equipment. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Various Venders Page 273 of 600 START DATE: 3/30/2019 END DATE: 3/30/2020 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Attachment Agenda Attachment® Fleet Vehicles Surplus J une 2019 D Contract Agenda Attachment® J J Kane Contract® Exp 03-30-20 Page 274 of 600 i r to RD w t �. T p r 0 C C C #a C LO 31 I[ I k I I I' I 114 Ch41 ci Ilk E � ® a I I I I I I I � u Walter Gillis,Account Marrager Jupiter, 3345 Mobile(772)419-0188 Fax(7 72)382-0782 Contact:Lori Laverdere Company e City of Boynton Beach Express Mail Address o P.O.Boxes):222 NE 96 Ave City ton Beach State:FL Zip:33435 Phone:561-742-6202 Fax: Email-darVw@bbfLus This agreement made On 191 day of March 2019,betwebn The City of Boynton Beach "Seller")and J°J,Kane Associates Inc/tmde name J.J.Kane Au Il "Auction agoraacting as r"Seller"). It is agreed a follows: 1) T e aj 7be Seller hereby engages the Auctioneer to sell at public absolute auctions e,the property identified by the seller excluding chemicals, do environmentally unsafe equipmentimaterial unless matully written upon between Seger and Auctioneer. i) This agreement shall cover any auction sale the Seller chooses to participate surfing on _ 3 , 1 _ 3 ,20 ii) °s t shall auction—sales conductotfin the Uniteds at JJ Kane and other ilities. iii) The Seller stuill be responsible for clean—up/disposal of petroleum productsIc-hemicalills coming from Seller property/auction items that we offered for sale during this agreement. The prompt and proper clean-up of any spills,leaks releases of petroleumor chernical substances and materials will be preformed followingFederal,State and Provincial regulations. ° r on certain occasionsa spill has occurred,notification to certain Federal,State and Provincial agenciesybe . Sailer Wall be responsible for all costs resultingin the cloan-up of any spit!s/leaks or offier releases of petroleum or chemical spills in accordance with any Applicable Laws. All cloaa-up/proper disposal costs will be billed back to the Seller Seller We proceeds. If said 1 not cover e cost of spill cleanup/disposal,Seller will be billed do difierimco and Auctioneer shall be paid within 10 business days of dated invoice. obligations set forth is this Article shall survive termination or expiration ofthis Agreement. 2) Auction Company Perwimel a) Auctioneer shall provide all necessary auctioneers, t%clerks and office staff requiredto achieve the efficient ly performance of the auction sale. The Auctioneer shall employ qualified o el to perform thesejobs and shall perkrin this eirgagment in a professional and skilledr in accordance with all applicable,federal,state and local laws and regulations. 3) As4s&Where-Is Auction Sales a} The property/auction items will be offend for sale individually,or in the case of small 41 misceflaneous items sold in lots as determined by the Auctioneer.The property/auction hems will 1 be sold o "As-IS is without any warranties of any idnd expiessed or° N . b) Seller agrees to disclose to Auctioneer any known defects or faults with property/auction items f prior to the auction sale. l s 3 {gs g3 i Page 276 of 600 4) Marketable Title a) The Seller specifically warrants they are the owner of and have marketable title to all of the property,free and clew from any liens, is or encumbrances except as noted. The Seller I'mther wanwits that them are no judgments or liens against it and that there are no pending legal actions, claims or proceedings whatsoever which in my way would hinder,prevent or otherwise affivul its right or ability to sell the property at auction sale., b) Seller agrees to deliver on request any documents,certificates,proof of ownership or titles,which would be required to deliver title to the property, r) in the case that there is a delay in the new purchaser receiving a clear title for any vehicle of trailer sold lot the Seller,the net proceeds fmm the sale will be held,until a free and clear title is received by the purchaser,or at the discretion of the Auctioneer,that item would be pulled from the auction sale and remain the Sellers property. d) If Seller is a motor vehicle dealer,list dealer state&dealer number: 5) Titles On-Site a) The Seller agrees to have all signed tides,a letter of autborization to sell your vehicles and any other related paperwork(seller specific bills of sale),either in my hands by j 0 days for to Sale dates— — or hand delivered to the sale site by_y days prior to side dau . b) To comply with motor vehicle rules and so new pip with minimal problems,a letter of authorization needs to be on your company letterhead and must accompany alI titles. Below is a sample letter: To Whom It May Concern-. ABC Construction Company gives JJ.Kane Auctioneers authorization to sell vehicles andlor equipment owned by ABC Construction Company at your auction sales conducted during calendar yew 2019 and 2020 in the United States. Sincerely Your Name Signature 6) Delivery Of Auction Items a) The Seller agrees to have said propertylauct'ons tems delivered to the sale site starting jO days priorto sale date—and no Ida than-7 days priorto sale daW—. Item must be delivered in running condition(except when noted)with adequate fuel levels and a duplicate set of keys. 7) Insurance Coverage a) The Seller agrees to maintain per insurance coverage on the prop"lauction items being sold until the day of the auction sale. b) The Auctioneer and owner of the sale site property will not be responsible for any damages to property/auction items resulting from acts of natuire,thek accident arWor vandalism while Sellers property is on the sale site. c) Auctioneer shall be responsible for loss or damage to Sellers propertylauction items due to Auctioneers wMfW or negligent acts or omissions. 8) Commission a) 'Me Seller agrees to pay the Auctioneer a commission to of—0—percent on the gross selling price of every item identified by the Seller. b) The Seller agrees that Auction=will charge a 10 percent fee to the buyer for each item sold, c) The Seller agrees when applicable,that the Auctioneer may deduct its commission fi-om the proceeds of the auction sale. Page 277 of 600 9) No Sales a) in the event that a successM bidder attending the auction sale or bidding live over the in et fidis to pay for an it for which he is designated to be the high bidder,that property/auction item would be considered a"No Sale"and no commission would be charged on that it and the Seller would retain ownership of said item. 10) Reimbursed Expenses a) If applicable and pre-approved,the-Seller agrees that the Auctioneer may deduct the exact cost for any additional services that Auctioneer provides Seller fi-om the proceeds of the auction sale. (1) Advertising—N/A— (2) Decommissioning&Waching_ 1258OArebicic_ (3) Repairs—N/A— (4) Transportation To Sale Site—Cost (5) Other—NIA- 11) Payout a) Auctioneer will charge and collect from the purchaser,the purchase price together with all applicable Wws. Auctioneer will collect payment in it fiom the purchaser,prior to any property being removed. Seller shall be responsible for the payment of all income taws Accruing to Seller fbr revenue received from thesale of property. b) IU Auctioneer Agrees to pay the Seller the net proceeds from the auction sale 14 business days following the auction sale. Auctioneer shall mail a written report to Seller listing items sold and an amount equal to_100 percentof the gross selling price of the property sold at auction,as 'i-a less anApproved expenseas outlined under section(10),in the outlined under secfwn(9) n y s form of a check made payable or electronic transfer to the Seller. Proof of all approved expenses wdl be provided with the payout. (1) Proceeds check wH1 be made payable and maHed to the same name and address as it appears on page I of `s contract unless otho-wise listed: ---—--------- 12) Absolute Unreserved Auction Sales a) 'Me Seller understands that the Auctioneer conducts absolute unreserved public auction sales where each it is sold to the highest bidder regardless of price. b) Furthermore,the Seller understatids/a that it is illegal for dw Seller or an agent of the Seller to bid on and/or buy-back any iftins owned by the Seller. c) If the Seller or agent for the Seller attempts to bid on and/or buy back any of the consigned property/auction items,the Auctioneer will at his discretion choose one of the following actions: (1) Pass the its currently being offavd for sale along with all the other Seller's property/auction items- (2) Sell the its to the last"Good FaW'bidder before the Seller or agent for the Seller began bidding on the propertylauction item. d) The Seller agrees that it will reimburse Auctioneer for any lost revenue,including seller's commission,buyer's fee and/or any pre-approved reimbursed expenses if&'Suy H&W takes place. 13) Advertised Items a) At the Auctioneers discretion,in the event that the Seller removes any advertised property/auction item from the auction Me,Seller ngtees to pay the Auctioneer a handling fee of$500.00 for each item removed fi-om the sale. 14) Breach Of Contract a) In the event that Seller breaches any of the above warranties or makes any misrepresentation herein,Seller agrees to indemnify and hold the Auctioneer harmless from any and all liabilities of damages arising out of or relating to such breach or misrepresentation,including anorneys fees 3 Page 278 of 600 Emd other costs expended by Auctioneer in any action or procmWing wisins out of or relating to the breach or nisrepresentation. 15)Entire Agreement a) This Agreement contains the entire agreement between the pudes and thare am no other tams,obligations at re 'ons,wTWen or oml,oftr than contained in this agreement. This agreement may be modified only by a fiarther writing that is duly executed by both pwfies. b) Headings used in this agreement am provided for convenience only and shall not be used to consbw meaning or intent. 16)The following section shall apply to the following vehicle mounted aerial devices (Hereinnfler reterred to as'�wrial device"): %Extensible boom aerial devices;and b.Aerial Ladders,and c.Articulating boom aerial devices,and d.Vertical towm;and e.A corahkistion of any of the above. The vehicle may be a truck,a trailer,or an an- twain.vehicle. It"be the sole and exclusive responsibility of Sellcr to provide Auctioneer with the operations,maliftnance and manuWturae is manual(s)for each aerial device to be auctioned by Auctionew. Seller acknowledges and agrees that their responsibility to providt all operations, maintenance and mamificturw's man"(s)shall continue in perpetuity even though Auctioneer is selI'ng said items for the Sellcr< In the event Seller does not provide all operations,maintenance and manufWmr's manual(s)to Auctioneer,Auctioneer shall,in its own disaistion,refuse to auction any aerial device until such time as the operations,maintenance and mattufacture's manual(s)are provided from Seller to Auctioncer. Auctioneer may natily Seller of the name and location of the successful purchaser within a reasonable time upon completion of the sale. SeUer hereby ackatrwiedges its mponsibilities in accordance with American National Standards Institute A 92.2-2009 in fWl and most specifically section 8.7%erem, Seller hereby woepts all of the terms and conditions set fbA above. J. Kam Auctioneers 17he City of Boyntan Reach Contact:Walter Gill Is ContaM:Lori LaVerriere, Signature: Date: Mane FAX back- 1) dped contract 2) e tt e t n a followlar-5k e gdM an vour To: Walter Gillb,FAX V CITY ATTORNEY 4 Page 279 of 600 6.D. CONSENTAGENDA 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Approve utilizing Town of Palm Beach Invitation to Bid#2018- 12 with Custom Tree Care for an estimated annual expenditure of$65,000 for tree trimming and pruning services. The Town of Palm Beach's procurement process satisfies the City's competitive bid process. EXPLANATION OF REQUEST: Staff originally created a blanket in the amount of$23,000 utilizing the Town of Palm Beach contract for tree trimming and pruning services for trees that needed immediate attention to prevent safety issue for our patrons. Additional services are needed throughout the City parks and buildings in order to maintain the integrity of the existing trees and palms. Staff is requesting an annual expenditure of$65,000 which will supply us with an additional $42,000 for any additional trimming or pruning needed for the remainder of the fiscal year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will provide a safe environment for patrons to enjoy our City Parks and surrounding areas. FISCAL IMPACT: Budgeted Budgeted funding is in Parks and Grounds account#001-2730-572-46-98. ALTERNATIVES: Not trimming or pruning the trees/palms will cause the areas to become overgrown, possibly have trees die off & have an increase of falling limbs. In addition, the areas would unsafe and place our patrons at risk for injury. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 280 of 600 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Custom Tree Care START DATE: 5/8/2019 END DATE: 5/7/2020 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Option to renew four additional 12 month renewals ATTACHMENTS: Type Description D Contract Agenda Attachment® Custom Tree Care Contract Page 281 of 600 Greco-Arencibia, Adrianna From: Javier, Andrea Sent: Monday,January 07, 2019 7:59 AM To: Greco-Arenc i bia,Adrianna; Krasnoff, Leah Cc: Saavedra, Marc Subject: RE:Contract with Town of Palm Beach Attachments: 20190104091805893.pdf Good mornir►8, The attached meets City requirements, Andrea Javier, IFMA-CP BenefitsAdministrator Hurnan Resources and Risk Mana ernent Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33428 Physical Address: 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 5 61-742-6044 JavlerA rbbflaus d 4 boynton-beach.org/ Li Please be advised that Florida has ea broad public records lava and all correspondence to me via ernaill may be Subject to disclosure.Rlrider Florida records lave, ernail addresses are Public; records.Therefore, your e-rrrrail communication acrd your e-rnaill address may be subject to public disclosure. From:Greco-Arencibia,Adrianna Sent: Monday,January 07,2019 6:48 AM To:Certificate of Insurance<C01@bbfl.us>;Javier,Andrea<JavierA@bbfl.us>; Krasnoff, Leah<KrasnoffL@bbfl.us> Cc:Saavedra, Marc<SaavedraM@bbfl.us> Subject: FW:Contract with Town of Palm Beach Importance: High Good morning, Andrea: Can you please review the C01 to make sure it meets City requirements? Leafy: Can you please eater the vendor in our system or update W9 if they are already in the system. Thank you 1 Page 282 of 600 Adrianna Greco-Arencibia Assistant to Director uP' Public Works/Solid Waste Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-6596 I 561-742-6211 Greco-ArencibiaAbbfl.us ( boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From:Greg Gathers< stherctrstomtcar .com,> Sent: Friday,January 04, 2019 1.0:24 AM To:Greco-Arencibia, Adrianna <Greco-Arenci is ((=,,bbfl.us> Subject: RE: Contract with Town of Palm Beach Adrianna, Find attached an authorization letter, pricing,COI and W-9. Please advise next steps. Thanks! Dawn ry. . g ��wa .,> ustorn Tree Cees - Home CTC TREv M, / � �tY L_Fw- vvww,custorntreecare,.corn Custom Tree Care has the experience, knowledge, equipment and highly trained personnel to manage your tree care or disaster reponse challenges, no matter what they Greg Gathers President&CEO Custom'1'ree Care,Inc. Office (785) 478-9805 j Cell (785) 221-7550 Fax (785) 478-4195 Please coil idor the enviialim,;t heforePdI?'ireg this email. z Page 283 of 600 From:Greco-Arencibia,Adrianna <Gr a -Arenc:b ;7 I bfi.kjs> Sent:Thursday,January 03, 2019 7:37 A To: R t I.s(_m4m��storntrM�c �e.Cor�� _. Subject: Contract with Town of Palm Beach Importance: High Good morning Greg, I see that you are the primary vendor for hourly trimming of trees with the Town of Palm Beach. It shows that your company's address is in Topeka, Kansas, do you have crews in Palm Beach County? If so,we would like to piggyback the contract so we can issue you a purchase order to do some tree trimming. If so, then we would need a letter of authorization from your company stating that you give the City of Boynton Beach authorization to piggyback the contract(with the contract#2018-12) and that you will honor the same pricing and terms. We will also need a 2018 W9 and the COI from your company. I have attached examples of both for you. Under the terms and conditions of all contracts, leases, and agreements, the City requires insurance coverage listing the City of Boynton Beach as additional insured. Are you able to provide a copy of your certificate of insurance (COI), listing our City as certificate holder and as additional insured,as proof of General Liability,Auto Liability, or ees Compensation Liability (or exemption) Insurance, and Professional Liability (errors and omissions)for the proposed work at the City? Please see the attached Insurance Advisory Form/Sample COI and email the COI to col .,,, I I flus If you have any questions or need further clarification, please call or email Andrea Javier at 561-742-6044 or Certificate Holder and Additional Insured: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 *The City should be listed as additional insured with respect to general liability either in the DESCRIPTION OF OPERATIONS comment box or in the ADDL INRS column with a Y,x or V next to GENERAL LIABILITY insurance. We would like to issue a purchase as soon as possible. Please advise if you are able to assist us. If not, please respond and let us know that you are not able to assist at this time and we will move to the next awarded vendor. Thank you Adrianna Greco-Arencibia d Assistant to Director Public Works/Solid Waste Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-6596 561-742-6211 Greco-ArencibiaA@bbfl,usboynton-beach.org/ El V L� 3 Page 284 of 600 Please be advised that Florida has a broad public records law and all correspondence to me via email may besubject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address naybesubject topublic disclosure. * Page 285Of600 _ — � tt 3KAx,c YUsto to r psi �! w " Jnc 6021. SW 2911'St. PMB#130 Topeka,KS 66614 (785)478-9805—Office (785)478-4195—Fax ggathers@customtreecare.com www.customtreecare.com City of Boynton Beach 222 NE 9th Ave. Boynton,FL 33435 Public Works Director, Custom.Tree Care,Inc. (CTC) authorizes the City of Boynton Beach to piggyback off the Town of Palm Beach's tree trimming contract. CTC will honor the same pricing(see attached) and terms of the contract. Find attached a copy of our W-9 as well as our certificate of insurance. Resp ' 01y, Greg Gathers CBO &ISA Certified Arborist Custom Tree Care, Inc. Page 286 of 600'' i Town of Palm Beach Tree Trimming Services Item Price 3 Man Crew&Bucket Truck $ 195.00 per hour 2 Man Crew& Bucket Truck $ 135.00 per hour Flagger $ 40.00 per hour Chip or Grapple Truck $ 70.00 per hour Clump Fee $ 7.00 per CY Stump Grinder, Pick-up&Operator $ 135.00 per hour Page 287 of 600 s FormW-91 Request for Taxpayer Give Fern,to the (Rev.October 2018) Identification Number and.Certification requester.Do not Department of the Treasury send)to the IRS. Intimal Revenue Service ►Go to www:irs.gov/FormW_4 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this Gne blank, Custom Tree Care,Inc. 2 Business name/disregarded entity name,9 different from above m 3 Check appropriate box for tederal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to m following seven boxes, certain entitles,not individuals;sea a Instructions on page 3): o ❑ Indlv€duaVsole proprietor at ❑✓ C Corporation ❑S Corporation ❑ Partnership ❑Trustiestats d; a single-member LLC Exempt p payee cads Of any) D Limned liability company.Enter the tax class'rlication(C=C corporation,S=S corporation,P=Partnership)► `o Note:Check the appropriate box in the line above for the tax c=lassification of the single-member owner. no not check i Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC Is code(ifany) another LLC that is not disregarded from the owner far U.S.federal tax purposes,Otherwise,a stogie-member LLC chat IL is disregarded from the owner should check the appropriate box for the tax classification of its owner. g ❑ Other(see Instructions)► fad r eewu rs gyres odaur9 nK use 15 Address(number,street,and apt.or suite no.)See instruct€ons. Requester's name and address(optional) I6O21 SW 29th St.PMB#130 j rata ` . .. . ....._.__. rty code 8 state an P -. r(s}here(optional) ®, TaxpaycTidentitication Numbr W�.e _ Enter your TIN In the appropriate box.The TIN provided must match the name given online 1 to avoid i Social security number backup Withholding.For individuals,this is generally your social security number(SSN).However,for a m resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entMes,it Is your employer Identification number(E(N).If you do not have a number,see How to get a TIN,tater. or k Note:If the account is In mora than ane name,see the instructions for line 1.Also see What Name and Empioyer fdentfiica on number Number To Give the Requester for guidelines on whose number to enter p g : 2 451 96 � 81 s 1 II ' � Certlffcatlon � � .. Under penalties of perjury,I certify that; 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and I 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA codes)entered on this form(f any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You trust cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends4yo arof required„ ;E Iolication,but you must provide your correct TIN.See the instructions for Part li,later. ............. ®� Sign signature of t} `� Here US person 1 Date► General Instructions •Form I G994dIV(cilvidends,including those from stocks or mutual funds) Section references are to the internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments .Form 1089-B(stack or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov1FormW9. •f=orm 1099-5(proceeds from real estate transactions) Purpose of Form .Form 1699-K(merchant card and third party network transactions) An individual or entity(Form W-9 requestao who is required to file an •form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1698-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSM),Individual taxpayer Identification number(ITIM),adoption .Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (LIN),to report on an information return the amount paid to you,or other Use Form.W-9 only if you are a U.S,person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form i 099-INT(nterest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) Page 288 of 600 CUSTTRE-01 ......._MDRES-SWAN '4c®rt® CERTIFICATE OF LIABILITY INSURANCE pAT1131201]WYYY) �.. „ >3�so 9 . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the polfcy(fes)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsementIS). ........ PRODUCER i rcFX �cT Marla Dressman �Elliott Insurance Inc. PHONE 3645 SW Burlingame Rd IA1C No,Extu (T86)_3.67-4840 01C,No]; 785 267609 Topeka,KS 66fi11r�'�; manaRellfottinsuran!e r Com ..-. __.. I( ��1 ?�. 1a9€FF4l;aINGpCY.FRA�r€ NA1C#..... .i R&,Wesco Insurance Com raan _......... 26011....__..' INSURED .1rjSUpg _.49ree_nwlch„Insurance_Coml�an __.__..... ®.,. Custom Tree Care Inc. F,M$lRRR F,America,n Interstate Insurance_. 34896 3722 SW Spring Creek Ln pRER D Topeka,KS86610 � WSURERF ,........... ---- COVERAGES CERTtFIQATE► VW_ R: NEVI THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR.CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ill ` BR' - .FF �.'POLICY EXPINSR TYPE �I POLICYNUMBERS ... I1 ..I OLL"E" rriff"1r�11LlhfT?s 1,QDD,000I A X €COMMERCIALGENERALLIABILI7Y 0 CLAIMS-MADE ❑OCCUR X �WPP1625962 00 4/2112018 4/21/2019 r 14000 j MW EkPAIL One lean, .. 5,000 _._. PERSON&AADVINJUURRY „ 7,Daa;DDQj CEN'LAGGRF-GATELpIIMpIITAPPLIES PER: I GENrF-ALAir,RECjk 5 2,O04,000- II`POLICY )ECT ❑Lot, I PK ,QS�CrIS-CDi�PIpP.� .,f 2,000,000 .-_.. ..I,OTHER ... -............... .... — u .....i:-......- I' s.... ICOMBINEDSINGLE LIMIT ......_ .p .AUTOMOBILE LIABILITY �I ANY OWNED O i SC}{EDULED 1 € €I30piLY jigJURY!Par`nrsgjLi ° k AUTOS ONLY 'AUTOS c etactldenl� 3 } A I .p4P1�YtNAtRY,� ________ . w N�R�p 'NONpWND tbJY�r.AMAGF I S AIiTOS ONLY AUTOS D LY ue r I -- ._, t X EXCESS LA LIAR X,,OCCUR pp -- 3,000,000 t ----- UMBRELLA 7 1 1 fAQHrer4 r `�........ ., f aB I CtAIM5 MADEi EC6005043-4D 4/2712018 4!2112019 j 3,000,000 i [ J AGr2R�rE. ( DED [X I RETENTIONSDI I ` I C �w4RKERSCOMPENSATION I - PER TH AND EMPLOYERS'LIABILITY ` E L �Ii IL:.L. X , RNYPROPRIETORIPAR7NERlEXECUiIVE YrN VWCKS2696362018 7H12018 7/112019 1,000,000] FILE��M g��EXCLUDED N f A 1 ( EAV}I�Q E andatory[rtt�kFf} r I E.L.DESEASE-FAEMPLQ�'F�RI 1,000,000 Iles under FO 1 000,000 SCR1PTiO,Ig,OF OPi=RATIONS beicvr ..._,„ .,,.,,�, ,,. .:. -.. .,.I�$I,a� E-POLICY LIMIT.,. . -_ i 11 DESCRIPTION OF OPERATIONS I LOCATIONS I VCHICLES(ACORD 101,Addlllonal Remarks Schedule,maybe attached it more space is required) Greg Gathers is the Officer Excluded on the Workers Compensation/Employers Liability pollcy Pesticide or Herbicide Applicator Limited Pollution Coverage Is provided per CG2264(04113) City of Boynton Beach is an additional insured on a primary,noncontributing basis per CG2010[4113)and CG2001(4113)when required in a written contract CE�T1F(C9XE HOLb�t2,. _.... L.CANQQAAROR . . SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIODATE City of Boynton Beach ACCORDANCE WITH THE POLICY P OVIS ONTSCE WILL BE DELIVERED IN P.O.Box 310. Boynton Beach,FL 33425 AUTHORIZED REPRESENTATIVE 11 ACORD 25(2016103) O 1988-2015 ACORD CORPORATION. Ali rights reserved. The ACORD name and logo are registered marks of ACORD Page 289 of 600 SHELTER MUTUAL INSURANCE COMPANY A MUTUAL COMPANY CERTIFICATE OF INSURANCE SHELTER GENERAL INSURANCE+ COMPANY A STOCK COMPANY Name&Address To Whom Issued: Name&Address of the Named Insured: City of Boynton Reach Custom Tree Care PO Box 310 Greg Ciathers Boynton Beach,FL 33425 3722.SW Springcreek Ln Topeka,KS 66610 This Certificate of Insurance neither affirmatively nor negatively amends,alters or extends the coverage afforded by the policy(s)listed. The Certificate is issued for informational purposes only and confers no rights to the certificate holder. This is to certify that insurance policies shown below by policy number have been issued for the policy period(s)indicated: _._.._....... } ...........................� Inception � Expiration ty Company Type of Insurance Policy Number P Limas of Liability .. ..._.�..._. i .e ... General Liability: Per Owurrencr Shelter Premises&Operalions Aggregate Mutual _Products/Completed OperationsPnovided Products/Completed Operations For (Describe) 'r I IrI? I Shelter Automobile X Mutual X All Owncd or Leased Autos See Page a 10/21/18 04/21/19 1,000,000 Combined SingleLimit (described in declarations BI Per Person General ter of Shelter issued policy) 131 I'er Accident Scheduled Autos PD PerAccident Hired Autos Non Owned Autos ....................... .. _....._-................. _.... Shelter Apartment Owner's/ Per Occurrence Mutual Rental Dwelling Per Aggregate Shelter Per recurrence Mutual Bnsiness PerAggtegate Shelter Qther: t Mutual shelter General REAIARKS: Date... 1 t 1118 ;. Audicmed tke�uVw mhve M-51.26-M 1817 WEST BROADWAY+ COLUMBIA,MISSOURI 6521.8-0001 - 1-800-743-5837 Page 290 of 600 TOWN OF PALM BEACH Ak qlz Ne I � i5 SIL ilkfi � � � INVITATION TO BID . 2018-1 TREE TRIMMING & PRU ISERVICES FOR THE TOWN OF PALMEACH . .......... Event Date Non-Mandatory Pre-Bid Meeting February 27, 2018 Date ITB Issued FebruaU 18, 2018 Due date for bidder__questions Until seven (7) days prior to the submittal date Due date for bidder responses Until five (5) days prior to the submittal date ITB Due Date March 21, 2018 Start Date May 2018 BID CONTACT: Sandy Shea, Buyer, Public Works No phone inquiries will be accepted. All correspondence shall be directed to the purchasing division via email to sshea TownofPalm each.com or Fax (561) 835-4688. Purchasing Division FINANCE DEPARTMENT TOWN OF PALM BEACH`951 OKEECHOBEE ROAD*WEST PALM BEACH*FLORIDA`33401 Page 291 of 600 00 At k TOWN OF PALM BEACH A: Z BID No. 2018-12 0 , TREE TRIMMING & PRUNING SERVICES TABLE OF CONTENTS Subject Page Number Cover ................................................. .............................. ......... ............ 1 Tableof Contents............................................................................... ...._ 2 Advertisement.......................... ................................................................ 3 General Conditions, Instructions and Information for Bidders................... 4 Special Terms and Conditions.................................................................. 9 Scope of Services....................................................._............................. 17 BidProposal .............. .............................................................................. 22 Bidders Qualifications ................_...... .............................................. ...... 25 Drug-Free Certification..............................._... ........................................ 26 SubcontractorList............................................... .................................._ 27 Professional References......................................... .............._........ ....... 28 EquipmentList ......................................................................................... 29 Florida Statute Section 119.0701 Contracts; public records.......... Attachment "A" ........--- ---- Bid No. 2018-12-TREE TRIMMING &PRUNING SERVICES 2 Page 292 of 600 - --"g TOWN OF PALM BEACH'AN s� Advertisement for Bids BID No. 2018-12 TREE TRIMMING Sealed i s for Tree Trimming & Pruningi will be received the Town of Palm Beach, Florida, t the Purchasing 'c 1 Okeechobee Road, SuiteI 33401, until March 21. 2018, at 2:00 P.M. At that time all bids will be publicly opened andread to . Any bid received after the designatedclosing i ill be returned . non-mandatory pr -bi tin will be held t the Public Works Facility, located1 Okeechobee Road, s I 1. Attendance i strongly encouraged as this will be the only forum to seek clarification from o n staff. After the Bid s been awarded, extra-charge or compensation will be allowedresult of failureo attend the conference and resultingsite visit. An original,two (2) coi electronic i the proposal shall be submitted in sealed v to / c aaddressed o Purchasing Division, Town of Palm Florida, r i2018-12 — TREE TRIMMING & PRUNING SERVICES". Companies deiri copy of the Invitation i tin such documentsfrom Town's website t www,towno al- beach.co _ (click "Doing usiness," click "Bids n u sts for Proposals"and follow the instructions). For further information, contact the Purchasing Office, 951 Okeechobee Road, Site D, West PalmBeach, FL 33401, Telephone (5 1) 838-5406. The Town reserves te right to accept or reject any and all bids and to waive any technicalities or irregularities therein. The Townher reserves tright o award the contract o that bidder whose proposal best complies withi specification. o bidder may withdraw their bid for period of ninety ( 0) days from the date set fort e opening thereof. Sandy Shea Buyer, u li ors Dated: February 1 , 2018 February 25, 1 Published: I DemandStar Public Bid o. 2018-1 —TREE I ING &PRUNING SERVICES Page 293 of 600 s _ TOWN OF PALM BEACH BID No. 2018-12 �a TREE TRIMMING & PRUNING SERVICES GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS 1. GENERAL INFORMATION These documents constitute the complete set of specification requirements and bid forms. Bid Proposal response is to be filled in, signed, sealed and mailed or presented to the Purchasing Division on or before the specified date and time. It is sole responsibility of the bidder to ensure that his/her bid reaches the Purchasing Division on or before the closing date and time. The TOWN shall in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or facsimile will not be accepted. The bid time must be and shall be scrupulously observed. Under no circumstances will bids delivered after the time specified be considered. Such bids shall be returned to the vendor unopened. All bids must be typewritten or written in ink, and must be signed in ink by an officer or employee having authority to bind the company or firm. Bidders shall not be allowed to modify their bids afterthe opening date and time. Bid files may be examined during normal working hours, after bid opening, by appointment only. For information concerning this bid, please contact Sandy Shea, Buyer via email: sshea TownofPalmBeach.com or via Fax (561)835-4688. 2. PRICEIDELIVERY Any bids containing modifying or "escalator" clauses will not be considered unless specifically requested in the bid specifications. "Acceptance" as herein used means the acceptance by Town of Palm Beach, herein referred to as TOWN, after the Purchasing Agent or his authorized agent has, by inspection or test of such items, determined that they fully comply with specifications. Services resulting from this bid are to be made during the normal working hours of the TOWN and adhere to the schedule set per specifications herein. Time is of the essence and the bidder's services and schedule will specified and shall be adhered to. Should the bidder, to whom the order or contract is awarded, fail to perform per schedule, the TOWN reserves the right to CANCEL the order or contract and make the purchase elsewhere. The successful bidder(s)shall be responsible for making any and all claims against carriers for missing or damaged items. 3. FEDERAL AND STATE TAX TOWN is exempt from Federal and State Taxes for tangible personal property. The Purchasing Agent will sign an exemption certificate submitted by the successful bidder. Vendors or contractors doing business with the TOWN shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the TOWN, nor shall any said vendor or contractor be authorized to use the Town's tax exemption number in securing such materials. 01.11 Bid No. 2018-12—TREE TRIMMING & PRUNING SERVICES 4 Page 294 of 600 4. ACCEPTANCE / REJECTION TOWN reserves the right to accept or to reject any or all bids and make the award to that bidder, who in the opinion of the TOWN will be in the best interest of and/or the most advantageous to the TOWN. TOWN also reserves the right to reject the bid of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award. TOWN reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re-bid. 6. NO BID Where more than one item is listed, any items not bid upon shall be indicated "NO BID." If no items are bid on, the"Statement of NO BID"should be returned, with the envelope plainly marked "NO BID" and with the bid number. Failure to do so will be an indication that the bidder does not wish to be considered for future bids. 7. CONFLICT OF INTEREST The award is subject to provisions of State Statutes and Town Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the TOWN. Further, all bidders must disclose the name of any Town employee who owns, directly or indirectly, an interest in the bidder's firm or any of its branches. 8, LEGAL REQUIREMENTS Federal, State, County and local laws,ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility. (a) Vendors doing business with the TOWN are prohibited from discriminating against any employee, applicant or client because of race,creed,color, national origin,sex, age or non-disqualifying physical or mental disability, with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection. (b) Identical Tie Bids/Proposals shall be awarded in accordance with the preference established in Section 287.087, Florida Statutes, to a vendor submitting the attached Drug-Free Workplace Certification form properly completed and certified. In the event that tie bids are received either from vendors who have all submitted a Drug-Free Workplace Certification or none of whom who have submitted such certification, the award will be made in accordance with TOWN purchasing procedures pertaining to tie bids. (c) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity, crime may not submit a bid on a contract to provide any goods or services to a public entity may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO (Currently $25,000) for a period of 36 months from the date of being placed on the convicted vendor list. 9. UNIFORM COMMERCIAL CODE The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded contractor/vendor and the TOWN for any terms and conditions not specifically stated in the Invitation to Bid. 10. MISTAKES In the event of extension error(s) the unit price will prevail and the bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the bidder's total will be ...... _w.... - ------- __ .. wm .._M..._ _......... _. . F Bid No. 2018-12—TREE TRIMMING & PRUNING SERVICES 5 Page 295 of 600 corrected accordingly. If there is a difference between the written price and the numerical price,the written price shall prevail. Bidders must check their bid proposal where applicable. Failure to do so will be at the bidder's risk. Bids having erasures or corrections must be initialed in ink by the bidder. 11. AVAILABILITY OF FUNDS The obligations of the TOWN under this award are subject to the availability of funds lawfully appropriated for its purpose by the Town Council. 12. EEO STATEMENT TOWN is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, sex, age and non- disqualifying physical or mental disability. 13. BID TABULATION Bidders desiring a copy of the bid tabulation of the Invitation to Bid may obtain them by going to the Town's website at www.townofpalmbeach.com, (click"Doing Business"click"Sealed Bids/Requests for Proposals" and follow the instructions). 14. BID FORMS All bid proposals must be submitted on our standard Invitation to Bid form. Bid proposals on vendor quotation forms will not be accepted. 15. CONTRACTUAL AGREEMENT This Invitation to Bid shall be included and incorporated in the final award. The order of contractual precedence will be the purchase order or price agreement bid document (original Terms and Conditions) and response. Any and all legal action necessary to enforce the award will be held in Palm Beach County and the contractual obligations will be interpreted according to the laws of Florida. Any additional contract or agreement requested for consideration by vendor must be enclosed as part of the bid response. 16. INFORMATION Any questions by prospective vendors should be directed to the Purchasing Division contact, noted on page no. 3, who is authorized only to direct inquiries to various portions of the bid so bidders may read and interpret such for themselves. No authorization is allowed by Purchasing personnel to interpret, or give information as to bid requirements in addition to that, which is contained in the original bid document. Interpretation of the bid or additional information as to its requirements, where necessary, shall be communicated to bidders only by written addendum. 17. PRICES QUOTED Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety days (90)days from the date of bid opening or time stated in Special Conditions. 18. PAYMENT Payment will be made by the TOWN after commodities/services have been received, accepted and properly invoiced as indicated in contract and/or order. Invoices must bear the order number. Payment shall be made within 30 days of such acceptance. 19. DISCOUNT Bidders may offer a discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes unless otherwise specified in Special Conditions. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. Bid No. 2018-12—TREE TRIMMING &PRUNING SERVICES 6 Page 296 of 600 20. CERTIFICATIONS When applicable, vendor must hold Certificate of Competency issued by the State of Florida or the of Beach County Construction Industry Licensing Board and a current Occupational License for Palm each County. Copy of certificate and license must be submitted with bid and must be int name of the vendor shown on the Bid Proposal page. 21. LICENSES AND PERMITS When applicable, it shall be the responsibility oft successful bidder to obtain at no additional cost to the TOWN, any and all licenses and permit required to complete contractual service. A copy of these licenses and permits shall be submitted prior to commencement of work. Permit fees shall be waived fort is work, however, the successful vendor must pay any applicable TOWN Occupational License fees. 22. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH Bidder c ifi s that all material, equipment, etc., contained in his/her bid meets all O.S.H.A. requirements. Bidder her certifies that, if /she is the successful bidder, and the material, equipment, etc., delivered is subsequently found to be deficient in any O.S.H.A requirement in effect on date ofdelivery, all costs necessary to bring the material, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. 23. MATERIAL SAFETY DATA SHEET In compliance with Chapter 442, Florida Statutes, a Material Safety Data Sheet(MSDS) must accompany any toxic substance resulting from this bid. The MSDS must include the following information: (a) Teidentity used on the chemical product's label. (b) The chemical and the common name(s) of all ingredients, which have been determined to be a health hazard. (c) Physical and chemical characteristics of the hazardous chemicals (i.e. vapor pressure, flashpoint). (d) The physical hazards of the hazardous chemical, including the potential for fire, explosion and reactivity. (e) The health hazards of the hazardous chemical, including signs and symptoms of exposure. (f) The primary route(s) of entry. (g) The Occupational Safety and Health Administration (OSHA) permissible exposure limit, American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Value, and any other exposure limit used or recommended. (h) Whether the hazardous chemical is listed on the National Toxicology Program (NTP) Annual Report on Carcinogens (latest edition) or has been found to be a potential carcinogen. (i) Any general applicable precautions for safe handling and use that are known. 0) Any general applicable control measures, which are known. (k) Emergency and first aid procedures. (1) The date of MSDS preparation or last change to it. (m) The name, address and telephone number of the chemical Manufacturer orimporter. 24. SAFETY REGULATIONS Equipment must meet all State and Federal safety regulations for grounding of electrical equipment. 25. CODES AND REGULATIONS The vendor must strictly comply with all Federal, State and local building and safety codes. 26. INDEMNIFICATION To the fullest extent allowed by law the Contractor shall protect, defend, reimburse, indemnify and hold harmless the Town of Palm Beach, and the Town's officers, agents, employees free and harmless from and against any and all claims, losses, penalties, damages, settlements, costs, charges, attorneys or other professional fees, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, cause or causes of action of very Bid No. 2018-12-TREE TRIMMING & PRUNING SERVICES 7 Page 297 of 600 kind and character in connection with, or arising directly or indirectly out of or related to this Contract and the Work performed hereunder. Without limiting the generality of the foregoing, Contractor's Indemnity shall include all claims, damages, losses, or expense arising out of or related to personal injury, death, damages to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright, proprietary information, or applications of any thereof, or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, or order of any court. Contractor agrees to investigate, respond, adjust and provide a defense for all and any such claims, demands and actions at Contractor's sole expense and agrees to bear and remain liable for all such other costs and expenses relating thereto, even if such claim is groundless,false or fraudulent. Notwithstanding the foregoing, Contractor's Indemnity shall not extend to liability for damages to persons or property to the extent such damage was caused by any act, omission, or default of the Town, or by the Town's officers, agents and employees. Contractor acknowledges and agrees that TOWN would not enter into a contract without this indemnification of TOWN by Contractor, and that TOWN'S entering into a contract shall constitute good and sufficient consideration for this indemnification. These provisions shall survive the expiration or earlier termination of the Contract. Nothing in this Contract shall be construed to affect in any way the TOWN'S rights, privileges, and immunities as set forth in Florida Statutes 768.28. 27. RESTRICTED AREAS DURING OFFICIAL DIGNITARY VISITS. EMERGENGIES AND WEATHER EVENTS The Town of Palm Beach may become a restricted area during official Dignitary visits, emergencies and significant weather events. Contractor and workers may be asked to show Town issued ID during this period. The successful contractor and workers assigned to this project will be required to come to the Police Department prior to the start of the contract to have their fingerprints taken at no charge to contractor. If the fingerprint background check returns with no warrants or felonies, the contractor and workers will be given a picture ID for access to Palm Beach Island during this period. This process takes up to three (3) business days and needs to be planned accordingly. REST OF PAGE LEFT INTENTIONALLY BLANK ...._..____...... ..__....... _ .......... Bid No. 2018-12—TREE TRIMMING & PRUNING SERVICES 8 Page 298 of 600 c 9BID 2018-12 ° TREE TRIMMING & PRUNING SERVICESf17 s r'' SPECIAL TERMS AND CONDITIONS 1. ADDENDUMS The Purchasing Office will receive written requests for clarification concerning the meaning or interpretations of the bid, until seven ( ) days prior to the submittal ate; requests may be sent via facsimile to ( 1) -4688. Town personnel are authorized only to direct the attention of prospective proposers to various portions of the bid so that they may read and interpret such for themselves. No employee of the Town is authorized to interpret any portion o this bid or give information as to the requirements of the bid in addition to what is contained in the written bid documents. The Town may record its response to inquiries and any supplemental instructions in the form of written addenda. Written addenda may be provided up to five calendar days before the date fixed for receiving the bids. Any oral explanation(s)given before the bid opening will not be binding. 2. TOWN CONTRACT COORDINATOR The Town of Palmeach shall designate a Contract Coordinator who shall act on behalf of the Town with respect to monitoring contractor performance under this contract. The administration of this contract is vested in the Contract Coordinator, The Contract Coordinator shall have complete authority to require the Contractor to comply with all provisions of this Contract, However, the provisions of this Contract shall not be altered, waived or revoked by the Contract Coordinator. The Contract Coordinator principal duties shall be: A. Liaison with Contractor. B. Coordinate and approve all work under the contract. C. Resolve any disputes. D. Assures consistency and quality of Contractor's performance. E. Schedule and conduct Contractor performance evaluations and document findings. F. Review and approve for payment all invoices for work performed or items delivered. 3. _PRE-BID CON FER.ENCEANon-Mandatory All interested Proposers are invited to attend a Pre-Bid Co fere ce on February2018, at 1A.M. int e Public Works Meeting Room, located t 951 Okeechobee Road,West Palm Beach, 33401. At that time,the Town's representatives will be available to answer questions relative to this Request for Proposal.Any modifications may be presented in writing to, or discussed with the Town's representative(s) as possible amendments to the Bid document. Bidders should visually inspect the sites where the services are to be performed. Bidders are advised to make a thorough inspection of the extent of work. Failure to visually inspect the sites shall be at bidder's risk. After bid has been awarded, no extra charge or compensation will be allowed by the Town as a result of differences between actual materials and labor, unless by reason of unforeseeable causes beyond his control and without fault or negligence, including, but not restricted to acts of God or neglect of any other contractor. Submission of a bid will be considered evidence that the bidder has familiarized himself with the nature and extent of work, and the equipment, materials and labor required. It is the intention of the Town to purchase the services as specified herein from a source of supply that will give prompt and convenient service. Any failure of a successful bidder to comply with these conditions may be cause for terminating any resulting contract immediately upon notice by the Town.The Town reserves the right to obtain these services from other sources,when necessary, should a successful bidder be unable to perform on a timely basis and such delay may cause harm to the Town or its residents. Bid o. 2018-1 —TREE TRIMMING &PRUNINSERVICES 9 Page 299 of 600 4. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsible bidder,qualified to provide the work specified.The bidder shall submit the following information with his proposal: A. Experience record, showing the bidder's training and experience in similar work including multiple-site customers (e.g. universities or large HOA)and municipalities. B. Reference list and brief description of similar work satisfactorily completed with location, dates of contracts, names, addresses and phone numbers of owners/principals. C. Specify the number of employees available to perform the requirements of this contract, both workers and supervisors.The awarded contractor is required to have a minimum of nine(9)employees available for this contract. Individual crews are to have two (2) workers, minimum, assigned to each single- boom/aerial lift truck. D. Specify list of currently available and operated equipment that would be utilized in fulfilling the requirements of this contract.The awarded contractor must make available for this contract,at least three (3) 'bucket' trucks or aerial-lift trucks with 60 foot boom. In addition, the awarded contractor must have available three(3) pieces of equipment with a minimum carrying capacity of 20 cubic yards(each). E. Include make, model and year of manufacture. Provide evidence of adequate maintenance and storage facilities available relative to completion of the work. F. List any licenses, permits or certifications, etc. that you hold for performing this type of work. Failure to submit the above requested information may be cause for rejection of your bid. 5. COMPETENCY OF BIDDERS Pre-award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance and a sufficient delivery fleet to insure satisfactory execution of the services under the terms and conditions herein stated. The term"equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the Town. 6. CERTIFICATION AND/OR LICENSES Bidders shall provide,with their proposal,a copy of a current license that shows a principal in the firm or an employee is an ISA Certified Arborist. This Certification shall be current at all times during the duration of this contract. Bidders should provide, with their bid, a copy of all current licenses. If not provided with your bid, they must be submitted within three(3) business days of the Town's request. Bidder must hold a current tax receipt(Occupational License). Copy of license must be submitted with bid and must be in the name of the bidder shown on the Bid Proposal Page. A current, signed copy of IRS For W-9 should also be submitted with your bid. 7. ON SITE INSPECTION An inspector may be designated by the Town of Palm each. During the course of the project, the inspector will be responsible for assuring the proper execution of this bid by the successful Contractor. & AS SPECIFIED A purchase order will be issued to the successful bidder with the understanding that all services rendered must meet the specifications herein. 9. PERFORMANCE The Town shall not pay for work that fails to meet the Town's standards as set forth is this Bid and as determined by the Contract Coordinator. 10. PERFORMANCE DURING EMERG ENCY- By submitting a bid, bidder agrees and promises that,during and after a public emergency,disaster, hurricane,flood, or acts of God, TOWN shall be given 'first priority" for all goods and services under this contract. Bidder agrees to provide all goods and services to the TOWN during and after the emergency at the terms, conditions, and prices as provided in this solicitation on a"first priority" basis. Bidder shall furnish a 24-hour phone number to the TOWN in the Bid No. 2018-12—TREE TRIMMING&PRUNING SERVICES 10 Page 300 of 600 event of such anemergency. Failure to provide the stated priority during and after anemergency shall constitute breach of contract and make the bidder subject to sanctions from doing further business Wth the TOWN. 11. DELETION OR MODIFICATION OF SERVICES The TOWN reserves the right to add or delete any portion of this Contract at any time Without cause, and if such right is exercised by the Town, the total fee shall be increased or reduced in the same ratio as the estimated cost of the work based on the unit prices set forth on the Bid Proposal Page. 12. AWARDJ'LOT BY LOT WITH PRIMARYI I TERTIARY Award will be made to the lowest responsive and responsible bidder, on a Lot by Lot basis with a designated Primary i Secondary I Tertiary assigned to each lot, whose bid meets the requirements and criteria set forth in this Invitation to Bid. The Town reserves the right to award to that bidder who will best serve the interests of the Town.The Town reserves the right to accept or reject any and/or all bids and to award or not award a contract based on this bid proposal. 13. RENEWAL OF CONTRACT Bid shall be awarded for a term of twelve(12) months with the option to renew the contract for up to four additional twelve (12) month periods. Option for renewal will only be exercised upon written mutual agreement and with all original terms, conditions and pricing (adjustments may be made to pricing based on the Consumer Price Index at the time of renewal)with no other deviations. Price adjustments upon renewal shall be based on the percent change in the Consumer Price Index,All Urban Consumers,for the Miami-Fort Lauderdale Region from June to June of each prior and renewal year respectively, as published by the United States Department of Labor. Any renewal will be subject to appropriation of funds by the Town Council. 14. PRICING The Town requires a firm price for the contract period. Invoices will be checked to confirm compliance with quoted pricing. Failure to hold prices firm through the entire contract term will be grounds for contract termination. 15. MIIETHOD OF ORDERING An annual Blanket Purchase Order shall be issued for these services. Invoices shall be submitted monthly after completion of services specified in this contract and shall refer to the Purchase Order Number and the appropriate its number. Invoices shall be submitted to the Town of Palm each, Finance Department, Accounts Payable, P.O. Box 2029, Palm each, FL 33480 or email electronic Invoices to: Invoiceso-,,,TownofPalm B,each.com (Preferred Method). 16. PAYMENT Terms of payment are net 30 days after services have been completed and accepted. Invoice must reflect purchase order number. 17. VENDORSERVICE REPRESENTATIVE The bidder must submit with their bid proposal the name,address,and phone number of the person(s)to be contacted for the placement of an order and the coordination of service. 1& RIGHT TO TERMINATE The Town reserves the right to terminate this Contract without penalty upon thirty(30)days written notice to Vendor. In the event of totally unacceptable performance, the TOWN may cancel immediately without cancellation liability. 19. DAMAGE TO PUBLIC OR,PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities,sidewalks,curbs, landscaping,site amenities,irrigation systems, vehicles, etc. on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the Town. The successful bidder shall at all times, guard against damage or loss to the property of the Town of Palm each and/or private property within the Town. Contractor shall be held responsible for replacing or repairing any such loss or damage. The Town of Palm each may withhold payment or make such deductions as deemed necessary to insures reimbursement or replacement for loss or damage to property through negligence of the successful bidder or his/her agents d No. 2018-12—TREE TRIMMING& PRUNING SERVICES 11 Page 301 of 600 20. CONTRACTOR RESPONSIBILITY The bidder shall be responsible for the protection of property, in the areas in the vicinity of the project; and for the protection of his own equipment,supplies, materials and work,against any damage resulting from the elements(such as flooding, rainstorms,wind damage, or other acts of God)or vandalism. 21. PUBLIC SAFETY AND CONVENIENCE In the Contractor's use of streets and highways for the work to be done under these specifications,they shall conform to all Municipal, County, State and Federal laws and regulations as applicable. The Contractor shalt at all times so conduct their work as to insure the least possible obstruction to normal pedestrian and vehicular traffic including access to all public and private properties during all stages work,and inconvenience to the general public and the residents in the vicinity of the work, and to insure the protection of persons and property, in a manner satisfactory to the Town of Palm Beach or designee. Any work performed in the summer between Easter and Thanksgiving will require a one (1) week written advance notice to be published on the Town website. The awarded vendor must follow that published schedule without deviation unless approved by the Contract Coordinator. No more than one-half(112) of the road or street shall be closed and traffic shall be controlled, so as to provide minimum hindrance. Contractor shall utilize traffic control devices when working on right of ways. Contractor is responsible for obtaining right of way(ROW)permits when working roadways.There will be no fees for these permits. There shall be no obstruction of the travel lanes between the hours of 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. without approval from the Town of Palm Beach or designee. No road or street shall be closed to the public, except with the permission of the Contract Coordinator and proper governmental authority. Fire hydrants on or adjacent to the work shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks, public telephones and the proper functioning of all gutters, sewer inlets, drainage ditches, and irrigation ditches. 22. SELLING,TRANSFERRING OR ASSIGNING CONTRACT No contrack awarded for services in this proposal shall be sold, transferred or assigned without the prior written approval of the Town. 23. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH The Bidder hereby certifies that all material, equipment and supplies contained in their proposal meets all O.S.H.A. requirements. The successful proposer shall be solely and completely responsible for the safety of all persons (including employees)and property during the performance of the work. Safety provisions shall conform to the U.S. Department of Labor(OSHA), Florida Department of Labor and all other applicable federal, state, county, and local laws, ordinances, codes and regulations. Where any of these are in conflict, the more stringent requirements shall be followed. Failure of the Proposer to thoroughly familiarize themselves with the aforementioned provisions shall not relieve them from compliance with the obligations and penalties set forth therein. 24. SUBCONTRACTING If the Contractor subcontracts any portion of the contract for any reason,the name and address of the subcontractor shall be included on the form contained herein with the extent of work to be performed. This information shall be submitted with bid response and approved by the Town.The Town reserves the right to reject a bid,of any bidder, if the bid names a subcontractor who has failed in the proper performance of a contract or is not in position to perform properly under this award.Subcontractors shall be responsible for meeting and submitting the insurance and licensing requirements set forth in the bid documents to the Contractor, or the Contractor shall extend their insurance policy to cover the subcontractor and their employees. It shall be the responsibility of the Contractor to ensure that insurance and licenses required by this contract are in effect. Bid No. 2018-12—TREE TRIMMING & PRUNING SERVICES 12 Page 302 of 600 25. INSURANCE The Service Provider shall provide at its own cost and expense during the life of the contract,the following insurance coverages to the Town of Palm each (30)thirty business days' prior to the commencement of any work.All service providers including any independent contractors and subcontractors utilized must comply with these requirements. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The insurance shall be evidenced by certificates and/or policies including premiums as determined by the Town of Palm each. It shall be an affirmative obligation upon the Service Provider to advise the Town's is Manager at fax no. 561-838-5497, e-mail risk rrijownoflLql m beach.com, 360 S. County Road, Palm each, FIL 33480 within 24 hours or the next business day of cancellation, non-renewal or modification of any stipulated insurance and failure to do so shall be construed to be a breach of this Agreement/contract. The Town of Palm each reserves the right to require additional coverages and limits based upon the particular service or change in service provided by the Service Provider. If the service provider maintains higher limits than the minimums shown below,the Town requires and shall be entitled to coverage for the higher limits maintained by the service provider. Comprehensive General Liability Insurance coverage with limits of liability not less than $1,000,000 Each Occurrence/$2,000,000 Aggregate. The Certificate of Insurance shall indicate an Occurrence Basis. The Town of Palm each shall be endorsed as an additional insured under the General Liability coverage. The Service Provider's General Liability coverage shall be primary and non-contributory. For policies written on a Claims-made basis, service provider shall maintain a retroactive date prior to or equal to the effective date of the contract. In the event the policy is canceled, non-renewed, switched to an occurrence form or there is a change in retroactive date, or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP)during the life of this contract, the service provider shall agree to purchase a SERP with a minimum reporting period of not less than three(3)years. Coverage is to apply on a primary basis. Business Auto Liability coverage for any auto (all owned, hired, and non-owned autos) with limits not less than $1,000,000 each occurrence combined single limit each accident. In the event service provider does not own any autos, the Town will accept proof of it and Non-Owned Auto Liability, For personally owned vehicles, the Town requires limits not less than $300,000 each occurrence combined single limit. Workers' Compensation coverage with statutory limits pursuant to Florida State Statute 440 or an exemption letter from the State. Should the scope of work performed by contractor qualify its employee for benefits under federal workers' compensation statute (example, U.S. Longshore & Harbor Workers Act or Merchant Marine act), proof of appropriate federal act coverage must be provided. A waiver of subrogation must be provided. Employers Liability coverage with limits not less than$100,000 for each accident,$100,000 disease(each employee) and $500,000 disease(policy limit). In the event that claims in excess of the insured amounts provided herein are filed by reason of any operations under the contract, the amount excess of such claims or any portion thereof may be withheld from any payment due or to become due the Service Provider until Such time the Service Provider shall furnish such additional security covering such claims as may be determined by the Town of Palm each. Umbrella or Excess Liability is required up to the minimum limit of liability if the limits of liability shown on the Certificate of Insurance under General Liability do not meet the minimum limit of liability as required. All required insurance policies shall provide a waiver of subrogation and rights of recovery against the Town of Palm Beach, including its agents,officers, past and present employees,elected officials and representatives,the insurance policy in effect shall protect both parties and be primary and non-contributory for any and all losses covered by the above described insurance. Insurers have no recourse against the Town of Palm each for payment or assessments in any for on any Insurance policy. 26. CONFLICT OF INTEREST The award hereunder is subject to provisions of State Statutes and Town and County Ordinances. All Proposers must disclose with their Proposal the name of any officer, director, or agent who is also an employee of the Town of Bid No. 2018-12—TREE TRI MIN &PRUNiNG!SERVICES 13 Page 303 of 600 Palm each. Further, all Proposers must disclose then e of any Town employee who owns, directly or indirectly, an interest in the Proposer's firm or any of its branches. 27. NON-COLLUSION Proposer certifies that his Proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a Proposal for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. 28. PUBLIC ENTITY CRIMES In accordance with Florida Statute 287.133, no award will be made to any person oraffiliate identified on the Department of Management Services' "Convicted Vendor List". This list is defined as consisting of persons and affiliates who are disqualified from public contracting and the purchasing process because they have been found guilty of a public entity crime.A"person"ora iliate" includes any natural person or any entity, including predecessor or successor entities or an entity under the control of any natural person who is active in its management and who has been convicted of a public entity crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work: may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. By signing and submitting the Bid documents, the submitting firm attests that they have not been placed on the "Convicted Vendor List"or have been found guilty of a public entity crime. 29. E-VERIFY The Town of Palm each is an E-Verify employer for the purposes of verifying work authorization.Work authorization for those contracted to provide services and/or goods to the Town of Palm each is the sole responsibility of the contracted vendor and/or service provider. 30. DRUG-FREE WORKPLACE Preference shall be given to businesses with Drug-Free Work Place (DFW) programs. Whenever two or more proposals is are equal with respect to price, quality, and service are received by the Town for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process 31. PALM BEACH COUNTY INSPECTOR GENERAL The contractor is aware that the Inspector General of Palm each County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation,and in furtherance thereof may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination 32. CODE OF ETHICS If any Proposer violates or is a party to a violation of the code of ethics of the Town of Palm each, Palm each County or the State of Florida with respect to this proposal, such Proposer may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work, goods or services for the Town of Palm each. The link for further information regarding the Palm each County Commission on Ethics is: ,paimbeachcou typl�ics.com/ordinances-codes.htm. 1, 1-. . ............... P -, - - - 33. LOBBYING PROHIBITED Proposers are not to contact or lobby any Town personnel related or involved with this Request for Proposals. Bid No. 2018-12-TREE TRIMMING & PRUNING SERVICES 14 Page 304 of 600 All oral or written inquiries are to be directed to the Purchasing Division as instructed herein. Any violation of this condition may result in rejection and/or disqualification of the Proposer. Refer to Palm Beach County Registration OrdinanceEffective April 2, 2012 for further information: httu=://www.i,,iaimbeaGhcount,yethics.com/grdinances-codes.hltm,. SILENCE The Gone of Silence is a prohibition on any communication,except for written correspondence, regarding a particular request for proposal, request for qualification, bid or any other competitive solicitation between- (1) Any person orperson's representative seeking an award from such competitive solicitation; and (2) Any County commissioner or commissioner's staff, any member of a local governing body or themember's staff, a mayor or chief executive officer that is nota member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. The cone of silence shall be in effect as of the issuance of the Invitation To Bid, RFQ, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further,the cone of silence shall not apply to contract negotiations between any employee and the intended aware,any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. For further information refer to htt,,=J/ almbeaq unt%iethtcs.com/ordipances-codes.htm -Palm Beach County Registration ordinance—Effective April 2, 2012. 35. _PUBLIC RECORDS Upon award recommendation or thirty(30)days after opening, whichever occurs first, proposals become"public records' and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes, Proposers must invoke the exemptions to disclosure provided by law in the response to the RFQ, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. Document files may be examined, during normal working hours. 36. _PUBLIC In accordance with Florida Statutes 119.07 01, the contractors all comply with public records laws, specifically to. (1) Keep and maintain public records required the public agency o perform the service. Bid o. 2013-12—TREE TRIMMING & PRtJ ISERVICES 15 Page 305 of 600 (2) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (4) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract,the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements of retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. A copy of Section 119.0701, Florida Statutes, has been provided to the contractor(attached). IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Town Clerk, or designee Phone 561-838-5416 Email records!g2towngfpal m beach.com 37. LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS OR LATE DELIVERY Failure to complete the Project or delivery the work in accordance with the specifications and to the satisfaction of the Town within the time stated shall cause the selected Proposer to be subject to charges for liquidated damages in the amount of 1% of the contract amount for each and every calendar day the Selected Proposer fails to timely achieve substantial completion and/or final completion. As compensation due the Town for loss of use and for additional costs incurred by the Town due to such non-completion of the work, the Town shall have the right to deduct the liquidated damages from any amount due, or that may become due to the selected Proposer under this agreement, or to invoice the selected Proposer for such damages if the costs incurred exceed the amount due to the selected Proposer. REST OF THIS PAGE LEFT INTENTIONALLY BLANK Bid No. 2018-12—TREE TRIMMING & PRUNING SERVICES 16 Page 306 of 600 v 7TOWN OF PALM BEACH ` BIC► No. 2018-12 TREE TRIMMING & PRUNING SERVICES SERVICESSCOPE OF I. PURPOSE AND INTENT The Town of Palmeach, Florida, is hereby requesting sealed bids from li ied bidders o furnish all labor, management, materials, and equipment to provide for Tree Trimming & Pruninga is s at various sites throughout the Town of Palm Beach. Tree trimming and pruningservices shall be in accordance with the American National Standards Institute (ANSIZ133- 17) and Palmeach County Landscape Code 0- 5, Number Four(4). Any fees or fines resulting from violations due to the performance oft e contractor will be the contractor's sole responsibility. The successful contractor shall provide all necessary materials, labor, management, supervision, trucks, as, oil, safety equipment and any other materials and equipment necessary to complete the work as specified. The successful contractor shall provide an hourly rate for all expenses incurred it regard to labor and equipment including not be limited to aerial equipment, trucks, power and all hand tools as specified below: I. Crews shall ata minimum include, but not be limited to the following: 1. Members A. One(1)working foreman who shall provide supervision of the work force and shall have the responsibility for all work performed by the successful contractor. This person can also be a trimmer/climber or bucket truck operator. B. One (1) climber/trimmer who shall have the necessary skills for working in trees from a bucket truck, an aerial lift or by the use of ropes, saddles and other hand climbing equipment. The climber/trimmer shall also have the ability to alternate as grounds person including skills in ground operations such as loading trucks, cutting limbs on the ground, etc. Crew r A. One(1)working foreman o shall provide supervision of the work force and shall have the responsibility for all work performed by the contractor. B. One (1) climber/trimmer who shall have the necessary skills for working in trees from a bucket truck, an aerial lift or by the use of ropes, saddles and other hand climbing equipment. C. One (1) laborer/ground clean up Bid a 2018-1 —TREE TRIMMING & PRUNING SERVICES 17 Page 307 of 600 The climber/trimmer shall also have the ability to alternate as grounds person including skills in ground operations Such as loading trucks, cutting limbs on the ground, etc. Eguipment: Equipment shall include, but not be limited to the following: A. Vehicle mounted aerial lift (minimum working height 65 feet). Contractor should have available a minimum of three (3) of this type of truck. B. Dump trucks. Contractor should have available a minimum of three (3) dump trucks. C. Chip truck. Successful contractor shall have available a minimum of one (1) chip truck. D. All necessary power and hand tools: saws, rakes, shovels, ropes, buckets, blowers, tool cleaning equipment, etc. Scheduling: All or shall be scheduled by the Contract Coordinator. Hours of work shall comply with Town Ordinance Section o. 2-199. Hourly rates shall start upon commencement of work at the designated job site and terminate upon departure from job site. No additional compensation for travel, mobilization, fuel or other incidental expenses will be paid by the Town. The successful contractor, upon notification by the Contract Coordinator, shall visually inspect the site(s) where services have been requested and submit, in writing, to the Contract Coordinator, an itemized breakdown of total price of service for the specific site(s) to be serviced. Any work performed in the summer between Easter and Thanksgiving will require a one (1) week written advance notice to be published on the Town website. The awarded vendor must follow that published schedule without deviation unless approved by the Contract Coordinator. Cle@n_Up-, The Contractor shall clean up each site upon completion of that day's service, leaving a neat and aesthetically pleasing appearance. Disposal in a proper manner shall be the responsibility of the Contractor. Debris can be placed adjacent to the work area or transported to Town owned landscape debris sites as directed by the Contract Coordinator. The contractor must abide by the Town's Trash Set-Out Schedule while trimming palms. Information on the set-out schedule may be found at: htti:�://townofr,�aimbeach.com /DocumentCenterNiew/568. Leaf Blowers shall comply with Town Ordinance Section 42-230 (Lawn Maintenance Equipment Noise)which states that leaf blowers shall not exceed a decibel level of 65 DBA as measures at 50 feet from point of operation. AJI leaf blowing equipment must be certified with the Town of Palm Beach Police Department and a CERTIFIED LEAF BLOWER sticker affixed to the blower. There is no charge for this service. Call (561) 227-7080 to make arrangements to have the leaf blowers certified. Change to Town Ordinance 42-197 restricting the use of gas powered blowers. Bid No. 2018-12-TREE TRIMMING& PRUNING SERVICES 18 Page 308 of 600 111. SCOPE OF WORK 1. All palm trees(fronds,foliage, branches, limbs, nuts, inflorescence, boots and dead materials)shall be cut,trimmed and stacked neatly.Work areas(directly under trees)shall be cleaned free of debris (raked and blown). The contractor is expected to limit the number of debris plies wherever possible and no more than one [1] debris it per five [5] palm trees will be permitted. Palms are to be trimmed at the three (3) and nine (9) o'clock positions. 2. The successful contractor may leave trimming piles, neatly stacked, on any street in accordance with the trash pickup schedule with the following noted exceptions: The contractor may not leave any debris along out Ocean Blvd. (Midtown Beach), North County Road [between Miraflores Drive and Country Club Dr], or Royal Palm Way[100 block] and Worth Ave between South Ocean and Cocoanut Row. All debris generated from these roads shall be removed in progress. Should the contractor perform trimming services on the same day as the trash pickup fora given area, or outside the three-day set out schedule,the contractor shall not leave any debris and is expected to remove debris in progress and haul all trimmings and debris to a location within Town limits and designated by the Contract Coordinator. 3. The Town, at its option, may provide 30 yard capacity trucks (maximum of 2) for the collection of fronds and trimmings. The trucks will be placed immediately adjacent to the palm tree and bucket truck and the successful vendor will drop the trimmings directly into the vehicle. Town staff will transport the debris for disposal. This will eliminate the need for sweeping, stacking and collection at a later time. 4. Palms shall be trimmed utilizing tree trucks with at least a minimum 45 ft. boom. No more than three (3) trucks shall be used at one site (location/street) without prior approval by the Contract Coordinator. Climbing of trees utilizing spiked boots shall not be allowed. 5. Approximately 2,800 coconut palms require trimming, A detailed list is attached and shows the general breakdown oft number of trees on each road and other Town locations.All other palms of this tree trimming bid. & "Skipping of palms" shall not be allowed unless specifically authorized by the Contract Coordinator or their representative. All palms must be trimmed on a given street before starting on the next street, with the exception of palm trees that are blocked by a parked vehicle (shall be trimmed at a later time). The Town will assist with placement of No Parking signs and notifying residents during trimming operations. 7. Work shall commence no earlier than 8:00 A.M. and must be completed by no later than 6:00 P.M., Monday through Friday. 8. The successful contractor shall provide sufficient equipment to complete the trimming in the time specified, as detailed in the QUALIFICATION OF BIDDERS section (see SPECIAL TERMS AND CONDITIONS). 9. The successful contractor shall rinse and/or wash their cutting devices (chainsaw, pole saw, hand snip etc.) after each single tree with a rubbing alcohol, a solution of 1 part bleach to 9 parts water or a 50/50 mix of Pine of and water to prevent the spread of biotic and abiotic diseases. This practice shall be performed every time with every tree, Town-wide throughout this entire contract. Coconut Palm Trees The twice-annual trimming is to be performed once during the spring (approximately April) and once again during the fall (approximately October). The work must be started and completed within eight [8 Bid No. 2018-12—TREE TRIMMING &PRUNING SERVICES 19 Page 309 of 600 consecutive weeks. A list of all equipment available to complete the services of this contract must be included with the bid. Australian Pine Trees The successful contractor shall provide services for the trimming of 61 Australian Pine Trees on Wells Road. The Australian Pine trees are to be trimmed to the previous year's cut(s) and as directed by the contract coordinator. The Australian Pine trees are columnar in shape and form a scenic vista. It shall be the responsibility of the Successful contractor to supply a company vehicle and all tools necessary for the full and complete performance ofthis job. The Town will incur no further cost due to tools, vehicle or equipment needed to perform this service unless agreed upon with the Town Contract Coordinator. Mangroves The successful contractor shall provide services for the trimming of Mangroves on an hourly basis as needed. It's recognized that there ares ecil requirements and pruning criteria for Mangroves and it shall be the responsibility of the successful contractor to be in compliance with local regulatory agencies. The successful contractor shall have the knowledge, tools and equipment necessary for the full and complete performance of this job. The Town will incur no further costs due to the negligence of the successful contractor in not following the established criteria for this type of tree. Royals, Saba.1sW@shiin,9tonians Dates. Queens, als and other Tree type The Successful contractor shall provide services for the trimming of various other tree types, including but not limited to Royals, Mangroves, Sabals, Washingtonians, Dates and Queens on an hourly basis as needed. It shall be the responsibility of the successful contractor to supply a company vehicle and all tools necessary for the full and complete performance of this job. The Town will incur no further cost due to tools, vehicle or equipment needed to perform this service unless agreed upon with the Town Contract Coordinator, III. OTHER • Bidder must inspect sites before submitting proposal. • The Town of Palm each will designate a Contract Coordinator for the Public Works Department. The Contract Coordinator shall act on behalf of the Town with respect to monitoring contractor performance under this contract. The administration of this contract is vested in the Contract Coordinator. • No equipment shall be allowed to remain overnight on right-of-ways, parking stalls, parking lots or public walkways. • Any questions regarding this project shall be directed to the Contract Coordinator. • The Contractor shall notify the Contract Coordinator in the event of scheduling delays, changes or comments/complaints received from the general public or business owners. • The Contract Coordinator shall meet with the contractor to review areas serviced by contractor's employees. • Contractor's employees shall obtain a photo ID from the Town of Palm each Police Department before beginning any work for the Town. • Contractor's employees shall present a neat, clean, well-groomed appearance ands all conduct themselves in a respectable manner while performing the duties of this bid and while on Town Property, • Contractor's employees shall wear uniforms at all times while on the job. Name of contractor shall be on shirts. Shirts are to be worn at all times while working in the Town of Palm each. • A safety vest, meeting FDOT standards, shall be worn at all times when employee is working in roadways or right-of-ways. • Successful contractor is responsible for obtaining right of way permits. • Successful contractor is responsible for Maintenance of Traffic (MOT)." signs, flag men etc., at no additional cost to the Town. Bid No. 2018-12—TREE TRIMMING & PRUNING SERVICES 20 Page 310 of 600 • All vehicles shall be plainly marked with the company name. • The successful contractor shall have their crew supervised by a qualified foreman who fluently speaks the English language. As a fully authorized agent of the Contractor, the foreman must be capable of making on-site decisions to perform the work in accordance with the specifications contained in this bid. • If any area that the successful contractor's services does not meet Town specifications, contractor will be required to perform the work until specifications are met at no additional cost to the Town of Palm each. Failure to comply with this requirement will result in contract termination. • All equipment shall be commercial grade and shall be maintained in good, safe operating conditions. The contractor shall provide enough equipment and manpower to meet the requirements of the job. Any loss of materials ore i en due to theft, vandalism, etc., shall be the responsibility of the successful contractor. Such losses shall be replaced or repaired by the contractor with no additional charges to the Town of Palm Beach. • Hours of work shall comply with Town's ordinance No. 42-199. If for any reason services must be performed on Saturday, it will be necessary to acquire prior authorization from the Contract Coordinator. • There will be NO work performed on Sundays or holidays. • Two parking permits will be issued through the Public Works Department; otherwise regulatory signs for parking shall be followed. • Successful contractor shall provide a daily log of activities for each respective area after completion of a cycle of work. • Successful contractor shall give "first priority"to the TOWN for all services under this contract during and after a public emergency, disaster, hurricane, flood oracts of God. REST OF THIS PAGE LEFT INTENTIONALLY BLANK Bid No. 2018-12-TREE TRIMMING & PRUNING SERVICES 21 Page 311 of 600 OF PAk k� TOWN OF PALM BEACH 1 . . _ BID No. 2018-12 INS , a TREE TRIMMING & PRUNING SERVICES BID PROPOSAL PAGE n.m LOT 1 — COCONUT TREES _ Line Description Est Qty. Unit Price per Tree Total Coconut Tree, Fronds 1 stacked for pickup as specified d 2,800 Tree $ $ herein Coconut Tree, Fronds dropped into i 2 Town provided vehicles as specified 2,800 Tree i $ $ herein j Total - Lot 1 (Lines 1 & 2 ) ., i LOT 2 —AUSTRALIAN PINES Line Description Est. Qty. Unit Price per Tree Total Australian Pines - once a year 1 ' service as specified herein 61 Tree $ $ ee Total - Lot 2 $ LOT 3 Hourly Trimming of Mangroves, Hardwoods, Royal, Washingtonians, Dates, Queens and other tree t es m .:r Line Description Est. Qty. Unit Hourly Rate Total Two (2) man crew with a bucket 1 truck as specified herein 150 Hour $ $ 2 P 200 u. Ho r Three (3) man crew with a bucket truck ass specified herein Hour $ $ ----------- 3 .m.m_ ____3 Climber asspecified herein 40 hour $ $ 4 Flagger as specified herein 40 hour $ ,,, n,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, $ _mmmm . uu 5 Chip Truck as specified herein 80 hour I $ $ Total — Lot 3 (Lines 1 - 5 ) $ Company Name: A Authorized Signature: Bid No. 2018-12-TREE TRIMMING & PRUNING SERVICES 22 Page 312 of 600 �._ - m CERTIFICATIONBIDDER INFORMATION AND undersignedThe kage is submitted in accordance with the specification in its entirety and with full understanding of he conditions ifieoverning,his g a c,. _ ®. COMPANY NAME: STREET ADDRESS: 1 CITY, STATE, ZIP CODE: ENTAIL: TELEPHONE / FAX TEL: FAX: FEDERAL I AUTHORIZED SIGNATURE DATE: E "Failure to affi i r in disqualificationf proposal. AM bidsI9 be submittedi r Failure so may be cause for rejection. blanksAM ont forms must be completed. ➢ Modifications to the forms(Unit of Measure, Descriptions, .) shall not be allowed. Supplemental information maybe att c BIDDERS CHECKLIST II bids shall be submitted on the Town provided Bid Package forms. Failure to do so may cause the Bid to be rejected. All blanks on the proposed forms must be completed. Supplemental information may be attached to the bid package forms. Bidder shall return a complete set of all bid package forms as listed as follows. Failure to submit the required documents may result in your bid beingconsidered nonresponsive. _. _�,re ail i pages signed? Yes No Is Bidder's Qualification ®r r- -letedand sub fitted? j No Staffing levelseaen explained { o. of ploys availableQ?e Yes o Business1111Tax Receipt included? No . For - included? Yes No Certifications/Licenses provided? Yes No Vendor ervice Rqpresent tive Information submitted?-,-, Yes C o Are addendum if any issue sub i ed? Yes I o I „ Has insurance re,quire ged?ents been acknowledYes No Is Drub Free Workplace form submitted? Yes_ I No �a Is List of Proposed Sub-Contractors submitted, if ani? Yes�Oe_a No i _ �. Is List of Professional References submitted? Yes No Is List of Equip ment completed and submitted? I Yes I No Bid No. 2018-12-TREE TRIMMING &PRUNISERVICES 23 Page 313 of 600 Acknowledgement is hereby made of the following Addenda received since issuance of Specifications: Addendum No. Dated: Addendum No. Dated, Addendum No. Dated: 1,............. Addendum No. Dated: . Addendum No. Dated: Addendum No. Dated: Name of Vendor's Representative: Address: Phone Number: Fax Number: E Mail Address:_—_ ........... REST OF THIS PAGE LEFT INTENTIONALLY BLANK Bid No. 2018-12-TREE TRIMMING &PRUNING SERVICES 24 Page 314 of 600 °- �e wig TOWN OF PALM BEACH BID No. 2018-12 TREE TRIMMING & PRUNING SERVICESBIDDER'S L I The Vendor, as a result of this bid proposal, must hold a County and/or Municipal Tax Receipt (Occupational License) in the area of their fixed business location. Each proposer must complete the following information and submit with their proposal in order to be considered: 1. Legal Name and Address: Name: Address: City, State, Zip: ...0 a<<<<, ,.,. Phone/Fax:-- 2. hone/Fax: . ®2. Check One: Corporation( ) Partnership( ) Individual( ) 3. If Corporation, state: Date of Incorporation:...... State in which Incorporated: , . If an out-of-state Corporation, currently authorized to do business in Florida, give date of such authorization: 5. Name and Title of Principal Officers DateElected: 6. The Vendor's length of time in business: years 7. The Vendor's length of time(continuous) in business as a service organization in Florida: —years 8. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the Town. Further, all bidders must disclose the name of any Town employee who owns, directly or indirectly, an interest in the bidder's firm or any of its branches. Name ,,,, .Percentage of Interest: 9. A copy of County and/or Municipal Tax Receipt(Occupational License) in the area of their fixed business location. 10. A current, signed copy of your firm's IRS form W-9. Note: Information requested herein and submitted by the proposers will be analyzed by the Town of Palm Beach and will be a factor considered in awarding any resulting contract. The purpose is to insure that the Proposers,in the sole opinion of the Town of Palm Beach, can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms and/or conditions that are in conflict,the most stringent requirement shall apply. Bid No. 2018-12—TREE TRIMMING &PRUNING SERVICES 25 Page 315 of 600 4 `t y TOWN OF PALM BEACH BID No. 2018-12 � TREE TRIMMING & PRUNING SERVICES DRUG-FREE WORKPLACE CERTIFICATION Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received by the Town of Palm Beach for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number(1). (4) In the statement specified in number(1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or nolo contendre to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. This Certification is submitted by the (Individual's Name) of (Title 1 Position with Company/Vendor) (Name of Company/Vendor) Who does hereby certify that said Company/Vendor has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers(1)through(6)above. Date Signature ..m ®a : ........ as Bid No. 2018-12—TREE TRIMMING & PRUNING SERVICES 26 Page 316 of 600 hO6F�.PAiTOWN OF PALM BEACH BID No. 2018-12 0 * r TREE TRIMMING & PRUNINGSV'ICS LIST OF PROPOSED SUBCONTRACTORS The undersigned i hereby designates, as follows, all major subcontractors whom he/she proposes to utilize for the major areas of workr the project. The bidder is further notified all subcontractors shall be properlylicensed, bondableII be required o furnish the TOWN with a Certificateof Insurance in accordanceit the contract gener I conditions. Failure to furnish this information s r u s for rejection of the bidder's proposal. (if no subcontractors re proposed, state "None" on first line below.) Name and Address of Subcontractor cop f r mm� License i � ....._____._ ._._.... ....... .. 3. _____. ..u,vv h _� ......... _ mm. ...... �.�,... _... �„ 1 ..._...........a.. ....... .......... .. ..._. .. ......._______.. 5 ... . ...��. l 1 i Signature and Date Title 1 Company Bid No. 2018-12-TREE TRIMMING & PRUNING SERVICES 27 Page 317 of 600 v.OF TOWN OF PALM BEACH 4 .w1 BID No. 2018-12 TREE TRIMMING & PRUNING SERVICES LIST OF CURRENT & PERTINENT PROFESSIONAL REFERENCE The following is a list of at least FIVE (5) current(within last two years) and pertinent professional references that the Town can contact in relation to Bidder's qualifications, financial stability, and experience. Failure to furnish this information may be grounds for rejection of the proposal. 1. Name and Address of Firm, City, County, or Agency Scope of Work. _ .. Date(s)- Amount: Contact: Telephone No: For Town UseOnly: Comments: Reference Verified Yes_No 2. Name and Address of Finn, City, County, or Agency Scope of Work: Date(s): Amount Contact: Telephone No: For Town Use Only Comments. _ Reference Verified: Yes No 3. Name and Address of Firm, City, County, or Agency i Scope of Work: ®� .. Date(s): : Amount: Contact: ............_� Telephone No: For Town Use Only: Comments: Reference Verified: Yes No 4. Name and Address of Firm, City County, or Agency Scope of Work ._ , Date(s): j _. Amount: Contact M _ Telephone No For Town Use Only: Comments: Reference Verified Yes No 5. Name and Address of Firm, City, County, or Agency Scope of Work: I Date(s): Amount: r Contact: Telephone No: For Town Use Only: Comments: Reference Verified: Yes No _ Bid No. 2018-12—TREE TRIMMING &PRUNING SERVICES 28 Page 318 of 600 TOWN OF PALM BEACH _ BID No. 2018-12 TREE TRIMMING & PRUNING SERVICES EQUIPMENT DESCRIPTION AGE AND ITEM USE MANUFACTURER CONDITION _ OWNER 4 _ . . . Notes: In preparing the above tabulation, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM: Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) MANUFACTURER: Manufacturer of equipment and model number. (d) AGE AND CONDITION: Original model year of equipment- if equipment has been rebuilt, year of last overhaul. (e) OWNER: Owner of equipment. Bid No. 2018-12--TREE TRIMMING& PRUNING SERVICES 29 Page 319 of 600 Page 320 of 600 w I O. ..._a o o O 5 A o ST 0 71 if SS m yf w o M a s o fi Si �.l a d m N W S v en » W m g Zy _ 6r O ri s`i 3 ry 6 o n M N $LL w xx yl�e g t g 4 !1!w v n c5 6 Li n ry a » w ce ry w _0 0 e n � w vs c e FO— Et 1y' G a 6 m c m yz S f i ffi c sa x c V62; y ou o n s v r v Page 321 of 600 G 9 0 8 B�SSn. A AI m d a (7 Y m I�8 E pp pp pp O V {� c � 5 Y W 3�g •€Le � � tNn (m U JJ t � i ,A4 ; I AL IM+ of is a` � a h ( a Zi ECV 9 03 Page 322 of 600 TOWN OF PALM BEACH Town Couneil Meeting on: May 8, 2018 Section of Agenda Resolutions A Tit RESOLUTION NO. 59-2018 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving Purchase Orders For Tree Trimming Services To Core Services LLC in the Amount of$39,840 for Coconut Palm Trimming and $63,720 for Hourly Tree Trimming Services and to Property Works in the Amount of$6,105 for Australian Pine Trimming Totaling $109,665 and Establishing a Project Budget of$120,631 for FY18. The Five Year Project Budget Shad be $897,030 Which Includes an Estimated Annual Cost of$149,505 and a $2.9,800 Contingency, Contingent of Funding in Future Fiscal Years. Pr H. Paul Brazil, P.E., Director of Public Works AT u C T- © Memorandum dated April 23, 2018, from H. Paul Brazil, P.E., Director of Public Works L) Resolution No. 59-2018 in Bid Tab Sheet TCM Agenda Backup 5-8-18 180 Page 323 of 600 TOWN OF PALM BEACH Information for Town Council Meeting on: May 8, 2018 TO: Mayor and Town Council VIA: Dirk W. Blouin,Town Manager FROM: H.Paul Brazil,P.E.,Director of Public Works RE: Award a Contract to Core Services LLC and Property Works for Tree Trimming and Pruning Services Resolution No.59-2018 DATE: April.23,2018 STAFF RECOMMENDATION Town staff recommends that Town Council approve Resolution No. 59-2018,awarding purchase orders to Core Services LLC for coconut palm trimming and hourly tree trimming services and to Property Works, for Australian pine tree trimming and pruning services totaling in an amount not-to-exceed $120,631 for FY18, and establish an annual project budget of$149,505 and an overall five(5)year budget of$897,030 including a$149,000 contingency. GENERAL INFORMATION A professional tree-trimming contractor has performed the operation for trimming and pruning of the Town's trees since FY10. A contractor trims the coconut and royal palms twice a year, performs maintenance trimming on other trees in Town owned parks and rights-of-way as directed by the Town arborist and staff, and includes the maintenance of traffic while trimming. duties are performed. The trimming of historic and specimen trees is a part of the tree trimming contract. The previous contract was broken out into two(2)bids for services:tree trimming and coconut trimming.A single contractor was low on both services and was awarded both contracts. The vendor was in year three (3) of their contract but failed to perform the required trimming after the recent hurricane and the Town opted to terminate the contract for convenience. The Town elected to combine all tree trimming services and issued RFB No.2018-12 for the tree trimming and pruning services. Lot one(1)of the bid is for trimming of the coconut palms and is priced on a per tree basis. This provides a set rate for the trimming of each tree and allows a per tree price for unscheduled trimmings. Lot two (2) is for the once a year trimming of Australian Pines on Wells Rd. Lot three (3) provides for the hourly trimming of hardwoods, mangroves, royal palms and other tree types. The Town also requested pricing on two (2) or three (3)men crews with bucket trucks and all associated equipment or labor needed. The trimming crews are supervised by the vendor and operate under the direction of the Town arborist and/or the Parks Bureau Supervisor. The hourly trimming and pruning has been reduced to an annual average of 150 hours for the two(2)man crews and 200 hours for the three(3)man crews. All maintenance of traffic is included. TCM Agenda Backup 5-8-18 181 Page 324 of 600 On March 21, 2018, eight (8) vendors submitted bids to perform these services. The Town reviewed the bids and identified primary, secondary, and tertiary vendors in each Lot. This will eliminate the need to rebid services if one or more vendor fails to perform their duties as described in the contract or if their current workload prevents them from responding to Town requests for trimming. The Lots and awarded vendors are described below: Lot One(1)—Coconut Trimming Primary. Awardee—Core Services LLC Secondary Awardee—The FA Bartlett Tree Expert - Tertiary Awardee-- Property Works Lot Two(2)—Austrati an Pines - Primary Awardee—Property Works - Secondary Awardee—Zimmerman Tree Service - Tertiary Awardee---The FA Bartlett Tree Expert Lot Three(3)—Trimming of Mangroves and Hardwoods - Primary Awardee—Core Services LLC - Secondary Awardee—Custom Tree Care - Tertiary Awardee—Zimmerman Tree Service Based on submitted bids,Town staff requests awarding purchase orders to the awardees for single coconut palm trimming in the amount of$39,840, trimming of the Australian pines in the amount of$6,105 and hourly tree trimming in the amount of $63,720 totaling $109,665. The FY18 project budget shall be established at$120,631 which includes a ten percent(10%)contingency for unforeseen or emergency work. The five (5) year project budget is estimated to be $897,030, which includes an annual cost of$149,505 and a$29,800 annual contingency based on funding in future fiscal years. FUNDINGNISCAL IMPACT Sufficient funds exist in the Public Works FY18 operating budget to accomplish this work. Future work will be contingent on funding in future fiscal years. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW This Resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachment cc: Jane Le Clainche,Director of Finance Eric B.Brown.,P.E.,Assistant Director of Public Works Brett Madison,Facilities Division Manager Dean Mealy,Purchasing Manager TCM Agenda Backup 5-8-18 182 Page 325 of 600 mt TOWN OF PALM BEACH ppi� qQ� ,V,e h Addendum No. 1 i.' Qf p x-d (jay\f r rte'. BID 2018-12 ry RTREE TRIMMING Date: March 5, 2018 This i the original Bid Document. s the followinginformation: Opening date remains the same: March 2 CLARIFICATIONS Page,211 —The following statement: • Hours of work shall comply with Town's ordinance No. -199. If for any reason services must be performed on Saturday, it will be necessary to acquire prior authorization from the Contract Coordinator. Has een chipffleo to res_follows. The Town of alm Beach announceschanges to Ordinances -1 -1 42-230 ecin the hoursconstruction landscaping s follows: NEW CONSTRUCTION EFFECTIVEIMMEDIATELY: 1. For the periodbeginning on abefore Thanksgiving in November,and duringmonths of December,January, February, March and April, Construction work is allowed duringthe ours o am to Monday through Friday. NO WORK is allowed tr ays, Sundays or legal holidays. No heavy equipment or construction equipment noise is allowed eforeduring e above period. 2. For the period from the o f f May through the Mondayfor Thanksgiving in November, construction work is allowed r t Monday through Friday. No workis allowed on Sundays or legal holidays. Construction work is allowed on Saturdays during the time period from a through t e Monday before Thanksgiving, HOWEVER it cannot beginbefore 9:00 am and must end a SATURDAY WORK MUST BE QUIET IN NATURE. The following are PROHIBITED on Saturdays unless a waiver has been granted by the Building Official: a) Material Deliveries Concrete rl o cree sawing c) Demolition/Razing it i s (except non-mechanized cleanup). ) Teoperation o ny heavy equipment r machinery . The permittedr urs for construction r in oninDistrict(Worth Avenue) Shall be from o ay Through ur y beginning May I and endingOctober 1, except Sundays and legal holidays when all construction workis prohibited. Company Name: _. Authorized Signature: BID 2018-12 Tree Trimming and Pruning Services Page 1 Page 326 of 600 HOURS OF WORK SHALL BE: i ' In Season(Monday before Thanksgiving thru April 30th) ® o Construction or Landscaping on Sundays, legal holidays, including the Friday after Thanksgiving -Construction and Landscaping allowed Monday—Friday, 9:00 a.m. to 5:00 p.m. -Construction and Landscaping, *quiet work*only allowsMonday—Friday, 8:00 a.m. to 9:00 a.m. -Construction and Landscaping, *quiet work*only allowed-Saturday—9:00 a.m. to 5:00 p.m. All other times of the year: -No Construction or Landscaping on Sundays, legal holidays, including the Friday after Thanksgiving -Construction and Landscaping allowed Monday—Friday, 9:00 a.m. to 0:00 p.m. -Construction and Landscaping, *quiet work*only allowed Monday—Friday, 5:00 a.m. to 9:00 a.m. •Construction and Landscaping, *quiet work*only allowed Saturday—9:00 a.m. to 5:00 p.m. i *Quiet work*means work not tending to disturb people in the vicinity thereof. I QUESTIONS 0-1: Per our discussion yesterday in the Pre-bid meeting for Tree trimming and Pruning services, I have enclosed a copy of the Palm Beach County Bid doc which includes the sections I was hoping the Town might take under consideration to creating an amendment in regards to Emergency/Hurricane services and rates. Please review the following areas Page 10: #14 Performance During Emergency Page 17: Under Definitions EMERGENCY RATE Thank you for the opportunity to bring this to the Towns attention for consideration. A-1: A new OPTIONAL— EMERGENCY RESPONSE—BID PROPOSAL PAGE has been added to the Bid Document as Attachment A to Addendum1. Q-2: Various contractors present in pre-bid meeting requested the previous bid tabulations. - : In previous years the Town had 3 separate contracts for tree trimming. The following previous Bid Tabulations are attached as Attachment B to Addendum 1: • BID 2015-01 —Palm Trimming • BID 2015- —Tree Trimming and Pruning Services • RFQ 111-2014-Australian Pine Trimming Any questions concerning this Addendum should be addressed to Sandy Shea, Buyer, Public Works, via email at ssheal".:�Lownof;_,,al beach.co Please acknowledge receipt of this Addendum #1. Sandy Shea Buyer, Public Works Company Marne: Address City, State, and Zip Code: , Authorized Signature: I Name and Title Telephone: Date: t BID 2018-12 Tree Trimming and Pruning Services Page Page 327 of 600 TOWN OF PALM BEACH Attachment Addendum i BID No. 2018-12 page 7 of 7 TREE TRIMMING & PRUNING SERVICES OPTIONAL — EMERGENCY RESPONSE - BID PROPOSAL PAGE LOT 1 COCONUT TREES Line c iP i Pricer r r,.....,_........ _ . Coconut , Fronds piled and stacked for 1 pickup during emergIncles, as specified herein Coconut r , Fronds dropped � into Town � 2 provided vehicles, during eemmer encles, as $ specified herein AUSTRALIAN PINES Line riptiPrice r Tree Australian i — uri.. _� rocls,, mm �,u 1 specified herein «. ..........a......................... ....... LOT 3 — Hourly Emergency Trimming of Mangroves, Hardwoods, Royal, Washingtonians, otherDates, Queens and [._Line —----------------- Dq!!qrition Hourly Rate 1 Two (2) mart crew with a bucket truck during � $ emergen,cles as specified herein _ _ i 2 re ( crewi c true uri e erg nci as specified herein $ 3 C Climber dunn emergencies as specified herein $ r during-emeCgenci2s as specified herein 5 Chip Truckrig rg cii ,as specified herein Company Name: Authorized Signature: u Page 328 of 600 La ,6 M M N CO 00 d U o a$ rvd y,• h 1� E v m a N d u ,! a 4ft. 4,0- c N N LO a9 c w D oricn ui c u afilaMo o � O W L �p Oro 6 w N N G {{1N d C mc CL i CL {A' '64 I 69 ° W N COO J M M y as h N N Y N Z M� n Z� ° � C O Q LL uo5i u°�i w -.-. __- - d o.� u r L ° ti E o o T m� z dm m m f� ar +rfet E^° W ° ..a,..�, CD O V K Od N Q..,,,W d -66- .+ L U"V Ln O O N N m CL p +sF tFr a € , a oW c w ¢ O m z. - m. Z 60 m . 0 Ud � W Q O r•I.� 00 a O c y UD •y E { N ® =a' m G m E o m � �J m F 3 E 3 n' E0 a � �i m c� h -a (D as U V p OL CG 94, N d N a€R_ D C yy OCL Page 329 of 600 L aty 4) r14 r1i 06 ¢ ryl wo 00 Ln r-4 V7 `° CIA It h r H di � I E - F 0 - 6 E c E ms s, Ln LA a 41 I N � O. : e� U y cq 9a p J 7 J m N ccqP a1.;: ars Q Q7 L' LSA �. iA, !,. M CL V y co C) Ln LM It IbIr u arA C> ra a6 e0 47CD 0 M fq : f� C Ln a':C N en rl 'L CL c4 00o y ( � P..� C: ® w rM.,-� - s s csy as m v V o1 epi rrs rq Z t° N -,.®mac t W cu c g Ov E V -a �r r r a m E E 4 _ ; N = i y to I cq CL � .� U, us LU 0 e} r� La (D ® o cry 74 LO 'ri CD ZD v U. G w — � �i ® � � �' Ow w L) M e 'en �s24 yLL rs 0d (� Fcw 2� r CL (u CD CL ? s= 0 Page 330 of 600 0 0 _ ui 00 OD O en rM .0)n ~ rl c7 N O N � N A 0 • �^ CL co (D Ln 0 LO LO ,Nti V c �L C) O 00 _v O M Ln CD N d U O O -i O O tPr LLCL e i CO W `� h co co ca 4F o m LO to a O.W Ln _ n o � � ac Yao O Ln LL oD oD H 3' vc 60 1 f0 V�- m °� oleo o Ln Q E r L N IL N L Ln d ( CL w �i d *pr L? m ir WCL r U = a V E t Cc 74 p r. T Ii= mm o a- a " � U. z ch C O .� 3a o E cz O aCL r Page 331 of 600 < ««« ........e a; Addendum IVo. 2 BID 2018-12TREE TRIMMING & PRUNING SERVICES l]all:e: March 15, 2018 This i original i Document. Please following information: remainsOpening date : March 2 CLARIFI!gATIONS 1. The following Term, AustralianIt. SCOPE OF WORK' iTrees, . The successful contractor shall provide services for the trimming of 61 Australian Pine Trees on Wells Road. The Australian Pine trees are to be trimmed to the previous year's cut(s) and as directed by the contract coordinator. The Australian Pine trees are columnar in shape and form a scenic vista. It shall be the responsibility of the successful contractor to supply a company vehicle and all tools necessary for the full and complete performance of this job. The Town will incur no further cost due to tools, vehicle or equipment needed to perform this service unless agreed upon with the Town Contract Coordinator. lHas been revised to read s follows: The successful contractor shall provide services for the trimming of 111 Australian Pine Trees on Wells Road. The Australian Pine trees are to be trimmed to the previous year's cut(s)and as directed by the contract coordinator. The Australian Pine trees are columnar in shape and form a scenic vista. It shall be the responsibility of the successful contractor to supply a company vehicle and all tools necessary for the full and complete performance of this job. The Town will incur no further cost due to tools, vehicle or equipment needed to perform this service unless agreed upon with the Town Contract Coordinator. . The Bid Proposal on pages 22-24 has been PIU . Blease see Attachment A to Addendum 2. QUESi TB 9 - Could you please verify that this bid requires a certificate of competency? 1 — Per Term & Condition 20, page 7, the _biddoes reguire a certificatecoMp&Lency, 20. CERTIFICATIONS When applicable, vendor must hold Certificate of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing card and a current Occupational License for Palm Beach ] County. Copy of certificate and license must be submitted with bid and must be in the name of the vendor shown on the Bid Proposal page. - In regards to the Tree Trimming and Pruning Services on the Australian Pine tab it is now listed as a quantity of 911. Is this the only amount a are to service?Wells Rd has a bit moreall together so just want to doublecheck on count with what the Town would like us to attend to. - There are 111 Australian pines, I Company e Authorized Signature BID 2018-12 Tree Trimming and Pruning Services Page 1 Page 332 of 600 Sandy Shea Buyer, Public Works Company Name:�........w Address: City, State, and Zip Code: Authorized Signature: Name and Title: Telephone: —,Date:,,— BID ate:mBID 2018-12 Tree Trimming and Pruning Services Page 2 ____m... Page 333 of 600 TOWN OF PALM BEACH Attachment A to Addendum #2 ion BID No. 2018-12 _s.y a .fe TREE TRIMMING & PRUNING SERVICES REVISED BID PROPOSAL PAGE LOT 1 — COCONUT TREES Line Descr tion Est Qty. Unit Price per Tree ' Total m _.® Coconut Tree, Fronds piled and 1 stacked for pickup as specified 2,800 Tree $ u $ herein Coconut Tree, Fronds dropped into 2 Town provided vehicles as specified 2,800 Tree ; $ $ herein Total - Lot 1 (Lines 1 & 2 } $ a LOT 2 AU.,..STRALIAN PINES — Line Descria�tion_ Est. Qty. Unit Price per Tree Total Australian Pines - once a year w ~� 1 '! '( Tree $ $ service as specified herein a Total - Lot 2 $ i LOT 3— Hourly Trimming of Mangroves, Hardwoods, Royal, Washingtonians, Dates, Queens and other tree types Line Description Est.Est. Qty UFs Unit Hourly Rate ae6—To tal Two (2) man crew with a bucket 1 truck as specified herein 150 Hour ,.. Three (3) man crew with a bucket ;,` 2 truck as specified herein 200 Hour $ $ ._ _ - 3 Climber as specified herein 40 hour ; $ w._ . 4 Fla99er asspecified herein 40 hour 5 Chip Truck as specified herein � 80 hour Total — Lot 3 (Lines 1 - 5 ) $ „y Company Name: Authorized Signature: Page 334 of 600 BIDDER INFORMATION AND CERTIFICATION The undersigned proposer certifies that this Bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions nq Ws.Bid. COMPANY NAME: .................................................... STREET ADDRESS: CITY, STATE, ZIP CODE: .......... EMAIL: TELEPHONE / FAX TEL: FAX: FEDERAL ID# AUTHORIZED SIGNATURE DATE: **Failure to affix signature may result in disqualification of proposal. ➢ All bids shag be submitted on the Town provided forms. Failure to do so may be cause for rejection. ➢ All blanks on the forms must be completed. > Modifications to the forms (Unit of Measure, Descriptions, etc.) shag not be allowed. ➢ Supplemental information may be attached BIDDERS CHECKLIST All bids shall be submitted on the Town provided Bid Package forms. Failure to do so may cause the Bid to be rejected. All blanks on the proposed forms must be completed. Supplemental information may be attached to the bid package forms. Bidder shall return a complete set of all bid package forms as listed as follows. Failure to submit the required documents may result in your bid being considered non responsive. Are all Bid pages sinned?_ Yes No s Bidder's Qualification form completed and submitted? -JYe—S111111r11 No Staffing levels been explained No. of employees available),? JYes No 'business Tax Receipt included? Yes No Form W-9 included? Yes No Certifications/Licenses provided? Yes No Vendor Service Representative Information submitted? Yes No Are addendum_cif any issued) submitted?- Yes— --No,—" Has insurance requirements been acknowledged? Yes No No Is Drug Free Workplace form submitted? Yes Is List of PrODOsed Sub Contractors submitted, if any? Yes No Is List of Professional References submitted? Yes No Is List A�of Equipment completed and. submitted? Yes No ........................ ............... ............... Acknowledgement is hereby made of the following Addenda received since issuance of Specifications: Page 335 of 600 Addendum No. Dated uan Addendum No. Dated: Addendum No. _11111111111111— Dated: Addendum No. Dated: Addendum No. __„Dated: Addendum No. Dated: Name of Vendor's Representative: Address: Phone Number: Fax Number: E Mail Address: Page 336 of 600 RESOLUTION NO.59-2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM EACH,PALM BEACH COUNTY, FLORIDA, APPROVING PURCHASE ORDERS FOR TREE TRIMMING SERVICES TO CORE SERVICES LLC IN THE AMOUNT OF$39,840 FOR COCONUT PALM TRIMMING AND $63,720 FOR HOURLY TREE TRIMMING SERVICES AND TO PROPERTY WORKS IN THE AMOUNT OF $6,1105 FOR AUSTRALIAN PINE TRIMMING TOTALING $109,665 AND ESTABLISHING A PROJECT BUDGET OF $120,631 FOR FY18. THE FIVE YEAR PROJECT BUDGET SHALL BE $997,030 WHICH INCLUDES AN ESTIMATED ANNUAL COST OF $149,505 AND A$29,800 CONTINGENCY, CONTINGENT OF FUNDING IN FUTURE FISCAL YEARS. 52ainj, 'Me Town Council of the Town of Palm each hereby authorizes purch&" ordets to or Services LLC in an amount of$39,840 for palm tree trimming and$63,720 for hourly tree trimming services and Property Works in the amount of$6,105 for Austmlian pine tree trimming totaling$109,665 and esublishes a project budget of$120,631 for FY2 S.The five(5)year project budget shall be$897,030, which includes an annual cost of$149,505 and a $149,000 contingency, contingent of funding in future fiscal years. Ss&11Q,UJ, The Town Manager is hereby authorized to execute this contract extension on behalf of the Town of Palm Beach for this improvement. Section.... , The Town Manager,or his designee,is hereby authorized to take such further actions as may be necessary to effectuate the completion of the said project work, including any necessary change order or as recommended by the Public Works Director, PASSED AND ADOPTED in a regular adjourned session ofrown Council of the Town of Palm Beach this Sth day of May 201& 10 onntgo 10' Danielle H.Moore ouncil President nal. W r Zei Te khriag. ouncil P sident Pro rn Mar Juf.k A `q % 4 v wis &M. Town Counci ber athleen Dominguez,T lerl Bobie Lindsay, -unc, 'Member Page 331 OT WU 6.E. CONSENTAGENDA 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the seven (7) month period ended April 30, 2019. EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the seven (7) month period ended April 30, 2019 (58% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND FY 2018-19 FY 2017-18 FY 2019 vs. 2018 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 91,124 $ 70,515 77% $ 87,487 $ 65,218 75% 4.2% 8.1% &Transfers Expenditures $(91,124) $(55,624) 61% $(87,487) $(52,543) 60% 4.2% 5.9% Excess (Deficit) $- $ 14,891 $ $ 12,675 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $14.8M surplus for the period ending April 30, 2019. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $75.2M or 82% of our total $91.1 M General Fund budget estimate for FY 2018- 19. Transfers from other funds (non-revenues) provide $15.9M or 18% of the total funding sources to balance our $91.1 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 40% - $ 36.3M —Property taxes less Tax Increment Financing to the CRA 2. 42% - $ 38.9M —All other revenues plus General Fund Balance 3. 18% - $ 15.9M —Transfers from other funds 100% - $ 91.1 M —Total funding sources Page 338 of 600 The property tax rate for FY 2018-19 is 7.9000 mills, no change from the prior year; the net property taxes of $36.3M in FY 2018-19 represent an 6.55% increase in property tax revenue or an increase of$2.2M from FY 2017-18. To balance the budget in FY 2018-19, it required transfers from other funds of$15.9M representing 18% of all funding sources. Actual Funding Sources Realized: At the end of the seventh month in FY 2018-19, revenues and transfers realized are approximately $70.5M or 77% of the budget estimate compared to $65.2M or 75% realized to date in FY 2017-18. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $34.7M or 96% of $36.3M as compared to $32.1M or 94% of$34.OM for FY 2017-18, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 4.16% from $87AM to $911.11M. The budget increase was due to the cost of doing business, Town Square project, providing funding related to wage increases, equipment and additional personnel. Actual Expenditures— General Fund expenditures for the seventh month period ending April 30 (58% of the fiscal year) are $55.6M that is 61% of the $91.1M expenditure appropriation for FY 2018-19. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $55.6M or 61% of the FY 2018-19 budget. At this point in the fiscal year, FY2018-19 spending levels are $3.11M ahead of the $52.5M or 60% expended in FY 2017-18 for this same period. UTILITY FUND The FY 2018-19 annual expenditure budget of $48.7M represents a $2.11M increase from the FY 2017-18 budget of $46.5M. The operational forecast reflects an estimated decrease of $1.OM of the fund balance for FY 2017-18, see Exhibit C. FY 2018-19 FY 2017-18 FY 2019 vs. 2018 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $48,708 $28,767 59% $46,544 $27,786 51% 4.6% 3.5% &Transfers Expenditures $ (48,708) $ (27,610) 57% $ (46,544) $ (24,893) 46% 4.6% 10.9% Excess (Deficit) $- $ 1,157 $- $ 2,893 For the seventh month period in FY 2018-19, • Revenues realized are $28.7M (59%) of the annual budget estimate. • Expenditures incurred are $27.6M (57%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $1.1 M. Expenditures (Exhibit D)— Utility Fund FY 2018-19 expenditures to date are $27.6M or 57% of the annual Page 339 of 600 appropriation compared to expenditures of $24.8M or 53% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum GF Statement of Revenues thru Apr 30, 2019 D Addendum OF Statement of Revenues thru Apr 30, 2019 D Addendum OF Statement of Expenditures thru Apr 30, 2019 Page 340 of 600 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended April 30,2019(58%of Fiscal Year) REVENUES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES,net $ 44,146,986 $ 42,615,063 97% $ 41,458,358 39,476,513 95% LESS TIF TAXES TO CRA 7,816,311 (7,823,321) 100% 7,360,831 (7,360,831) 100% NET TAXES TO THE CITY 36,330,675 34,791,742 96% 34,097,527 32,115,682 94% LICENSES AND PERMITS BUSINESS TAXES 1,750,000 1,666,053 95% 1,731,000 1,658,357 96% BUILDING PERMITS 2,965,000 2,446,271 83% 2,712,000 1,684,621 62% FRANCHISE FEES 4,915,000 2,633,272 54% 4,865,000 2,822,402 58% OTHR LICENSES,FEES&PER 222,000 163,317 74% 222,000 191,866 86% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 75,000 12,350 16% 85,000 540,119 635% STATE SHARED REVENUES 8,852,000 5,152,787 58% 8,677,000 4,537,235 52% SHRD REV FROM OTHR LCL 335,000 225,776 67% 335,000 88,891 27% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 124,663 151,981 122% 121,300 137,657 113% CHRGS-GENERAL GOVT 508,688 273,952 54% 507,800 278,930 55% PUBLIC SAFETY 6,981,200 5,761,510 83% 6,086,500 4,933,221 81 PHYSICAL ENVIRONMENT 20,000 7,965 40% 20,000 13,401 67% CULTURE/RECREATION 411,500 259,339 63% 428,700 275,915 64% INTEREST&MISC REVENUE LIBRARY FINES 30,000 7,877 26% 30,000 11,211 37% VIOLATIONS LOCAL ORD. 393,000 290,308 74% 643,000 130,009 20% INTEREST EARNINGS 65,000 154,191 237% 65,000 3,342 5% RENTS AND ROYALTIES 363,800 266,566 73% 368,800 278,242 75% SPECIAL ASSESSMENTS 6,589,000 6,489,458 98% 6,589,000 6,455,802 98% SALE OF SURPLUS MATERIAL 1,500 8,493 566% 1,500 1,220 81 OTHER MISC.REVENUE 4,264,000 460,738 11% 4,715,145 201,453 4% INTERNAL FUND TRANSFERS TRANSFERS 15,927,000 9,290,750 58% 15,067,850 8,789,579 58% FUND BALANCE APPROPRIATED - - 0% 118,100 68,892 58% Total Revenues $ 91,124,026 $ 70,514,696 77% $ 87,487,222 65,218,047 75% --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $100,000 Two Year Cumulative Revenue Comparison and $91,124 $90,000 -CFY Budget-($in thousands) - c $80,000 r $70,000 $60,000 � 10" ° 1b $50,000 - ��l�ii $40,000 i $30,000 - - e $10,000 - zzr ,r 11 �? $D (�� Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2017-18 Actual Cumulative 2018-19 Actual 2018-19 Budget ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:TinanceTinancial ReportsA4onthly Financial Reports\FY2018-2019\FY1819 BudgetReview-GF-thru Apr19 Summarized001 Revenue Summary Revised Page 344,of 600 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended April 30,2019(58%of Fiscal Year) REVENUES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 22,542,000 $ 13,172,683 58% $ 21,675,000 $ 12,957,086 60% WATER CONNECTION FEE 150,000 35,575 24% 150,000 25,160 17% WATER SERVICE CHARGE 850,000 532,315 63% 850,000 550,885 65% WTR-BACKFLOW PREVNTR TEST 14,000 9,865 70% 10,000 10,906 109% RECLAIMED WATER SALES 310,000 297,441 96% 64,000 172,452 269% SEWER SERVICE 19,635,000 11,449,290 58% 18,870,000 11,215,239 59% STORMWATER UTILITY FEE 4,100,000 2,372,234 58% 3,800,000 2,250,031 59% TELEVISE SEWER LINES 10,000 10,642 106% 5,000 8,574 171 FEES 20,000 45,809 229% 20,000 1,929 10% INTEREST INCOME 35,000 156,150 446% 35,000 (26,829) -77% SALE OF SURPLUS MATERIAL 2,000 0% 2,000 0% OCEAN RGE UT TAX ADM CHG 800 568 71% 800 505 63 MISCELLANEOUS INCOME - 78,254 0% - 466 0% FUND BALANCE DECREASE(INCREASE) 1,039,304 606,261 58% 1,061,993 619,496 58% TOTAL REVENUES 48,708,104 $ 28,767,087 59% $ 46,543,793 $ 27,785,900 60% -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $60,000 Two Year Cumulative Revenues Comparison and CFY Budget-($in thousands) $50,000 bey $48,705 dti I $40,000 d b� 0 $30,000 M• yti $20,000 b'1' ,yyla h 1� 4 ' $10,000 I h I y b0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cu m ulative 2017-18 Actual SM Cum u lative 2018-19 Actual 2018-19 Budget -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2018-2019\FY1819 Budget Review-UF-thru Apr 19 Summarved401 Rev Sum Page 342 of 600 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended April 30,2019(58%of Fiscal Year) EXPENDVTURES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,958,189 $ 1,083,718 55% $ 1,946,158 $ 1,052,152 54% PUBLIC WATER TREATMENT 6,590,080 3,714,922 56% 6,009,493 2,846,407 47% METER READING&SERVICES 1,324,231 791,751 60% 1,284,678 766,753 60% WASTEWATER COLLECTION 1,620,043 889,227 55% 1,674,357 907,634 54% WASTEWATER PUMPING STATNS 2,861,825 1,453,547 51% 2,810,391 1,369,710 49% SEWAGE TREATMENT 4,856,000 2,652,527 55% 4,550,000 1,597,039 35% WATER QUALITY 644,646 331,901 51% 642,397 354,453 55% UTILITY ADMINISTRATION 17,911,961 10,023,404 56% 17,046,237 9,770,437 57% UTILITES ENGINEERING 1,523,222 923,861 61% 1,478,276 936,085 63% STORMWATER MAINTENANCE 1,255,446 660,638 53% 1,148,994 636,832 55% CUSTOMER RELATIONS 1,175,261 722,276 61% 1,226,307 728,953 59% DEBT SERVICE 6,987,200 4,362,668 62% 6,726,505 3,926,103 58% Total Expenditures $ 48,708,104 $ 27,610,440 57% r$ 4 6,543,793 $ 24,892,558 53% $60,000 Two Year Cumulative Expenditures Comparison and CFY Budget-(S in thousands) $50,000 $48,705 4 $40,000 3„� I $30,000^tip j $20,000 �y 77 $10,000 - �• ' - - $o Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative 2017-18Actual MORE Cumulative 2018-19 Actual 2018-19 Budget S:\Finance\Financial Reports\Monthly Financial Reports\FY2018-2019\FY1819 Budget Review-OF-thru Apr 19 Summarized401 Exp Sum Page 343 of 600 6.F. CONSENTAGENDA 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/or piggy- backs for the procurement of services and/or commodities as described in the written report for J my 2, 2019- "Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL TERM SOLICITATION NUMBER REHRIG PACIFIC INJECTION MOLDED 048-2510-18/J MA JULY 20, 2019 MOBILE REFUSE THRU JULY 19, CONTAINERS AND 2020 PARTS BILL2PAY BILL PRINTING, 074-2821-15/KTR AUGUST 1, 2019 MAILING AND THRU JULY 31, ELECTRONIC BILL 2020 PRESENTMENTAND PAYMENT ALLIED UNIVERSAL SODIUM 016-16 OCTOBER 19, 2019 CORPORATION HYPOCHLORITE THRU OCTOBER 20, 2020 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 344 of 600 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Bid Extension Request D Addendum Rehrig Renewal D Addendum Bill2Pay Renewal D Addendum Allied Universal Renewal Page 345 of 600 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS July 2, 2019 REQUESTING DEPARTMENT.SOLID WASTE DEPARTMENT CONTACT.Davidson Monestime TERM:July 20,2019 to July 19,2020 SOURCE FOR PURCHASE:048-2510-181JMA ACCOUNT NUMBER:431-2515-534-5275 VENDOR(S):Rehrig Pacific ANNUAL ESTIMATED EXPENDITURE:$125,000.00 DESCRIPTION: On June 16, 2015, City Commission approved a two-year contract with Rehrig Pacific Company of Orlando for the supply of injection molded mobile refuse containers and parts. The Contracts allow for three(3)additional one-year renewal options with the same prices, terms and conditions. On July 18, 2017, City Commission authorized the first renewal term. On June 19, 2018, City Commission authorized the second renewal term. The vendor has agreed to renew the Contract for the third one-year renewal option thru 2020. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT.Juan Cuesta TERM:August 1,2019 to July 31,2020 SOURCE FOR PURCHASE:074-2821-151KTR ACCOUNT NUMBER:401-2825-536-49-17 VENDOR(S):Bi112Pay ANNUAL ESTIMATED EXPENDITURE:$480,000.00 DESCRIPTION: On April 19, 2016, City Commission approved a five-year contract with Bi112Pay LLC for bill printing, mailing and electronic bill presentment and payment. The Contracts allow for five(5)additional one-year renewal options with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the third one-year renewal option thru 2020. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT.Michael Low TERM: October 19,2019 to October 20,2020 SOURCE FOR PURCHASE:City of Plantation Bid#016-16 ACCOUNT NUMBER:401-2811-536-52-28 VENDOR(S):Allied Universal Corporation ANNUAL ESTIMATED EXPENDITURE:$300,000.00 DESCRIPTION: On September 20, 2016, City Commission authorized an annual piggyback of the City of Plantation's bid for the supply and delivery of sodium hypochlorite with Allied Universal Corporation. The Contract allows for four(4)additional one-year renewal options with the same prices, terms and conditions. On October 3, 2017, City Commission authorized the first one-year renewal term. On September 20, 2018, City Commission authorized the second one- year renewal term. The City of Plantation has renewed the contract for the second one-year renewal term thru 2020. The City o Boynton e c Finance/Procurement Services P.O. Box 316 Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 June 5, 2019 BID: SUPPLY OF INJECTION MOLDED MOBILE REFUSE CONTAINERS AND PARTS BID No.: 048-2510-151JMA CURRENT AGREEMENT TERM: JULY 20, 2018—JULY 19, 2019 Agreement between the City of Boynton Beach and REHRIG PACIFIC AGREEMENT RENEWAL TERM: JULY 20, 2019—JULY 19, 2020 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Rehrig Pacific NAME OF COMPANY 42GATURE ✓ 6 �i`��-' _ l 65 , erg ti fi`u f�G NAME OF REPRESENTATIVE TITLET (please print) _ c'Z/ DA E ( REA ODE) TELEPHONE NUMBER E-MAIL ,America's Gateway to the Guff Stream Page 347 of 600 The City of Boynton Beach Finance/Procurement Services P.O. Bax 310 Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 June 5, 2019 BID: BILL PRINTING, MAILING AND ELECTRONIC BILL PRESENTMENT AND PAYMENT BID No.: 074-2821-151KTR CURRENT AGREEMENT TERM: AUGUST 1, 2018—JULY 31, 2019 Agreement between the City of Boynton Beach and Bi112Pay, LLC. AGREEMENT RENEWAL TERM: AUGUST 1, 2019--JULY 31, 2020 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) B1112Pay, LLC. A2�i z %r- � � NAME OF COMPANY SIGNATURE (-'tJ1 t sok--) EXEC_ NAME OF REPRESENTATIVE TITLE (please print) 6//11( 'r7 / ,;�- -7 V07 �J �Jei50 DATE (AREA CODE) TELEPHONE NUMBER [,�f LS c7A-) r, Cc7•� E-MAIL America's Gateway to the Gulf Stream Page 348 of 600 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 June 5, 2019 Kathy Wilson Bi112Pay, LLC. VIA EMAIL TRANSMITTAL TO: kathy.wilson(cDbill2pay.com BID: BILL PRINTING, MAILING AND ELECTRONIC BILL PRESENTMENT AND PAYMENT BID No.: 074-2621-151KTR CURRENT AGREEMENT TERM: AUGUST 1, 2078—JULY 31, 2019 Dear Ms. Wilson: The current agreement term for the"BILL PRINTING, MAILING AND ELECTRONIC SILL PRESENTMENT AND PAYMENT" expires July 31, 2019. The agreement documents allow for five (5) additional one (1)year extension and we would like to extend the bid for an additional one-year period with the saute terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmere(cDbbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Buyer at(561) 742-6318. Sincerely, 0; - 0- Al—qk Tim W. Howard Assistant City Manager-Administration cc: Barb Conboy, Administration & Finance Manager, Utilities File America's Gateway to the Gulf Stream Page 349 of 600 OFFICE OF THE MAYOR °',, CITY COUNCIL Lynn Stoner, ,,, »�r�4us" Ron Jacobs, President Mayor Nick Sortal, President Pro Tern Erik Anderson FINANCIAL SERVICES Denise Horland Anna C. Otiniano Plantation Mark Hyatt Director dhc:griss is grcr'ner' June 13,2019 Cristhianne Munguia Allied Universal Corp. 3901 NW 115 Avenue Miami,Florida 33178 Email: CristyM@Allieduniversal.com RE:Contract No. 016-16; Supply and Delivery of Sodium Hypochlorite—Term Contract Dear Cristhianne: This letter is to inform you that the City of Plantation City Council approved the renewal of the above referenced contract at their June 12,2019 meeting Consent Agenda Item No. 8 for continued use at a rate of$0.51.8 per gallon for split or full-tanker load. The revised contract expiration date shall be October 20,2020. This is the third(3)of four(4)exercisable renewal options. All other terms,conditions,and specifications shall remain in effect during this extension period including insurance and/or performance bond coverages. We hope this will continue to be a rewarding profitable business relationship. Res cc tlily, y Approval Date: / 1 / C S gorge arb r, Principal B yer Cha e Spencer,FCC M Email: Gbarber@Plantation.org Procurement Administrator 400 NW 73rd Avenue ` Plantation,Florida 33317 954.797.2647 ® www.plantation.org Page 350 of 600 6.G. CONSENTAGENDA 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on June 18, 2019. EXPLANATION OF REQUEST: The City Commission met on June 18, 2019 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Minutes Meeting Minitues 6-18-19 Page 351 of 600 MINUTES OF THE CITY COMMISSION MEETING HELD AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, JUNE 18, 2019, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Queenester Nieves, Deputy City Clerk Christina Romelus, Commissioner Ty Penserga, Commissioner OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation by Rev. Laurie Durgan of Unity of Delray Beach Reverend Laurie Durgan gave the invocation. Pledge of Allegiance to the Flag led by Mayor Grant Mayor Grant led the members reciting the Pledge of Allegiance. Roll Call A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Penserga requested adding Daniel Sohn to the agenda after Special Announcements Item H. Motion Vice Mayor Katz moved to approve the agenda as amended. Commissioner Romelus seconded the motion. Page 352 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 Commissioner McCray requested an update be given at the next meeting about arming firefighters. 2. Adoption The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz had no disclosures. Commissioner Romelus attended the Florida League of Cities Legislative Policy Committee meeting and met officials from around the State. She attended a workshop discussion about impact fees. July is the next committee meeting where they will vote on priorities. She was elected to the Land Use and Development Board. Commissioner McCray had no disclosures, but thanked Commissioner Romelus for the report she brought back from the League of Cities Legislative Cities conference. Commissioner Penserga had no disclosures. He invited all to volunteer for the Future6 third surf event of the 2019 season. The organization is a non-profit focusing on providing free therapeutic ocean centered programs for special needs children aged 5-19. Volunteers do not have to know how to surf. Those interested in volunteering should report to Ocean Front Park at 8 a.m. on June 22nd. Participants arrive at 9 a.m. Commissioner Penserga noted June is National Pride Month and LGBT individuals around the Country celebrate progress and history. It is a time for LGBT individuals to remind themselves as a community that they are not alone and they are worthy of love and acceptance. He personally thanked the Mayor for the proclamation declaring June as Pride month and for being a friend and ally to him and to the community. They are friends, neighbors and family and they are a fabric of the City. The proclamation sends a message there is no place for hate and bigotry in the City. He asked all for a moment of silence for all who lost their lives whose only crime was to be young and trying to be themselves. Mayor Grant was glad they are moving forward as a City. Mayor Grant attended the Hispanic Latino Summer Institute and spoke at Veterans Park for D-Day. He attended the Greater Boynton Beach Delray Entrepreneurship Ribbon Cutting for the Mobile Entrepreneurship Leaders Training. On June 8th, he attended a special free football seminar hosted by Super Bowl Player Eric Matthews who grew up in Boynton Beach. He thanked the Recreation and Parks Department for the event. On June 9th, he spoke to Korean War Veterans; on June 10th, he attended a Trustee 2 Page 353 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 Conference for the General Employees' Pension Board. He attended the Quantum Foundation to learn about adverse childhood experiences, he had lunch with the Boynton Beach Veterans Task Force members and attended a meeting with Sister Cities. He attended a Business Development Board luncheon. He attended Connect 2 Greatness Graduation. He wished all fathers a Happy Father's Day. He attended the City's Tilt Wall Party. He thanked Eleanor Krusell, Public Communications and Marketing Director, for a great event. On Friday, June 21St from 5:30 to 9:30 p.m., there will be a Food Truck Invasion at the Boat Ramp Park with five or six food truck vendors and I Heart Radio. He spoke to Merchant Strategy Selection, but not on any item on the meeting agenda. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Senator Lori Berman and Representative Joe Casello will provide a post-legislative update. Joe Casello, Representative, quoted Thomas Jefferson: "The government closest to the people serves the people best." He commented Tallahassee has not learned that yet. Representative Casello commented he attends legislative updates and hears various comments. He found it educational and a big change going from local government to State government as there are so many vested and special interest groups that have an agenda. This year, 3,571 bills were filed and 196 of them were passed into law. One of his bills, HB 987, Ratification of the Rules, was passed. The Bill ratified a rule passed last year to address post-traumatic stress disorder for first responders. Another measure passed banned texting while driving. The appropriation request for Mangrove Park was rejected and will be refiled. Representative Casello conveyed local governments are under siege in Tallahassee as reflected by some of the local preemption items passed. One initiative that passed was a five-year moratorium banning anything plastic, which the governor vetoed. Occupational licensing deregulation pertained to licensing of hairdressers and barbers, cutting the required hours in half before receiving a license and licensing vacation rentals, which also did not pass. Direct Health Care agreements between individuals and their doctors passed, as did allowing prescription drugs to be imported from Canada resulting in lower prescription drug prices. There was no expansion of Medicare. There was an assault on education this year. Representative Casello pointed out Justin Katz lobbied in favor of education and did a great job. House Bill 1221, Representative Casello co- sponsored with Representative Polsky and others from the Florida Keys dealt with derelict boats. The Bill prohibits a person from residing or dwelling on a vessel when an officer of the Florida Fish and Wildlife Conservation Commission or any other law enforcement officer declares it as derelict. He noted the Boynton Marina Patrol could make a declaration. The Bill authorizes Counties designated as Rural Areas of Opportunity to create No Discharge Zones under certain conditions and provides a civil penalty for violations. Boaters cannot use a five-gallon bucket as a bathroom, then come ashore and dump it. The Bill encompasses anchored vessels that create conflicts in some areas 3 Page 354 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 related to the use and the enjoyment of waters, and gives authority to local governments to regulate. Local governments can construct, operate and maintain public mooring fields up to 100 vessels. State and local governments can remove or relocate a derelict vessel from public waters when it obstructs or threatens to obstruct a waterway or causes a danger. The incurred costs to move the vessel will be assessed against the vessel owner. Representative Casello reported the Legislature passed a Bill in 2016 definitions of neglected vehicles. Representative Casello advised when he returns to Tallahassee, he will introduce new bills and refile some old bills. He will refile a bill on medical exemptions for medical devices for the elderly. House Bill 9 sought to eliminate Community Redevelopment Agencies (CRA) and added requirements CRAs have to follow in order to continue to operate. The House has 120 representatives and it is very partisan. He advised it is frustrating when there are good ideas that help all Floridians. Commissioner McCray requested the City Commission receive a copy of SB 1221. Lori Berman, State Senator, commented on the preemption bills indicating there was a fair amount of preemption bills introduced and Home Rule continues to be attacked. She advised one bill passed was the City could not prohibit someone from having a vegetable garden in his or her front yard. Homeowner Associations can prohibit them, but not the City. Another bill passed pertained to tree trimming. If someone gets a certificate from a horticultural society saying the tree is a danger, the homeowner can trim or remove the tree and do anything with the tree and the City has no say in the matter, nor can they require a replacement. The State looked into preempting micro mobility (scooters), but regulated them. If there is a storm coming, the scooter company has to come in and pick up the scooters. Driver's licenses are not required to rent a scooter. She advised if the City wants to regulate scooters, now is the time to do it. The governor vetoed the plastic straws Bill. One preemption bill had to do with small cell (which is the 5g) networks. If the City passes an ordinance on something that was preempted and there is a challenge to it, and the City does not drop the ordinance within 30 days after receiving the notice, The City could be liable for attorney fees. The Firefighter Cancer Presumption Bill passed. She noted there was a strong correlation between firefighters and certain cancers. The bill would cover cancer treatment at no cost to the firefighter, who can get a one-time cash payout of $25,000. Senator Berman commented the Legislature passed a $91 billion budget. The Governor has the budget and several vetoes are anticipated. Senator Berman nominates a bill each year as the most trivial or frivolous. This year's nomination for most frivolous bill was if you buy a lottery ticket, it has to contain a warning "gambling can be addictive." She thanked the Commission for the opportunity to speak. She commented her office is on 1-95 and Gateway. 4 Page 355 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 Commissioner McCray announced the Sun Sentinel showed all the accidents occurring from scooters. He thought they are very dangerous and the City must be cognizant of what passes. B. Representative Al Jacquet will provide a post-legislative update. Representative Al Jacquet congratulated Commissioner Romelus and Vice Mayor Katz on their reelection. He commented his district encompasses Delray Beach, Boynton Beach, Lantana, Lake Worth, West Palm Beach, Mangonia Park, Riviera Beach and Lake Park. It is a very stretched out District and citizens pack whatever they want to pack in the District. The issues he focuses on is economics, economic development and tax policies. He disagreed with throwing money at problems and assuming it will change the outcome. The Legislature increased funds for schools, but it has not produced better results. He found it troubling and absurd that Tallahassee would allow teachers to have guns in school. He questioned if hiring more police officers solves community issues. He supports parental involvement. If the minimum wage is raised to $15 an hour, mothers can stay home and children can be supervised. If the Legislature can lower the business tax receipt for small businesses, a hairdresser can hire someone. If the Legislature enacts good economic policies, the City will a change. He did not believe allowing guns in schools would stop the killings. He noted there were 167 killings in his district that did not occur in schools. The Legislature is afraid to ban weapons. The State funded certain projects and enacted some good measures, but fell short of taking care of the little people. He was disappointed as an elected official when they remain quiet on business tax reduction, but say the State is broke if a tax reduction for residents is proposed. The key is empowering parents and students. He commented Amendment 4 was shameful. The individual who sponsored the amendment thought the people were misled and the language was not clear. More people voted for the amendment, than for the governor. He was disappointed there was no nexus. Amendment 4 was on the ballot in 2018 that gave voting rights to released felons. He asked how someone's voting rights could be revoked because of a felony. He questioned why the Legislature is not taking away their rights to be married, religion, or freedom of speech. Amendment 4 passed, but the Legislature added language to complete all terms, including incarceration, probation, and parole. By saying all terms, it is interpreted to mean all fines, fees and restitution. The person you owe can choose to allow someone to work off restitution or make them pay it. South Florida has over $1.3 billion in fines and fees. Many of those individuals will buy back their right to vote. Commissioner McCray was glad Representative Jacquet was present as Representative Jacquet's constituents were asking where their State Representative was. C. Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. Laura Landsburgh, City Marketing Manager, gave an update on the City's marketing efforts commencing April 1 st with the Census. Ms. Landsburgh explained the City would 5 Page 356 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 receive $1,600 for each person in the City over a 10-year period. The City wants to count as many people as possible. The City collaborated with Palm Beach County and the US Census Bureau and was tapping into their resources and incorporating their logos on as much marketing materials as possible. A flyer was viewed. Since April, staff attended several national and local meetings including webinars with Palm Beach County. Staff has met internally every month with the Census team comprised of staff members from each Department. Printed flyers were distributed at City facilities and at least five events since April. The Census logo was included on the water quality report, Funfare magazine, the Senior Center Quarterly Newsletter and on City envelopes. The goal is to put the logo on as much as possible until April 1, 2020, which is Census Day. Staff was creating community lists to contact all segments of the City and are creating a list of the businesses in the area. Team members are identifying organizations to help the City reach out to the community. The next step is to create a complete count committee. Staff will use billboards on 1-95, direct mail in utility inserts in February, a Census video for social media and door hangers/postcards they can bring to different events and to use in hard to count areas. There will be social media giveaways and themed workshops to ensure children are counted. There will be a workshop at the Senior Center with an ASL interpreter. On October 1St, staff will do a Facebook live event with an ASL interpreter. The Complete County Committee will be a key component in the City's marketing effort to spread the word. The Palm Beach County School Board is part of the effort, and staff is honing in on preschools and charter schools, realtors, churches, to help communicate the message how important it is to respond to the Census. D. Announce the City of Boynton Beach's 4th of July event by Eleanor Krusell, Public Communications & Marketing Director. Ms. Krusell noted that the 4t" of July event would be held at Intracoastal Park from 6:30 to 9:30 p.m. The event will focus on coastal communities and all activities will face the waterfront. A hydro-flight will start the event. There will be a main stage area, music and five food trucks The City will have coastal themed activities for children. Instead of having rock climbing and youth waiting on line, all of the activities will be under the large pavilion and will include art oriented and community engagement activities that youth can take home. The City was working with Debbie Majors to provide opportunities for special needs micro enterprises to work with youth to paint canvases of fish they can take home. They will have a small fishing pond where youth can catch magnetic fish and win a prize. Staff will center the event around coastal communities. Fireworks were from Zambelli International. Ms. Krusell noted the event is one of the larger shows in Palm Beach County. Parking is limited and the City added three more buses. Pick up will occur at City Hall at Quantum Park, as there are 260 spaces there and Journey Church as they have 160 parking spaces. There will be ride sharing at the Shell station for those using Uber and the public was encouraged to follow the event on Facebook and Twitter. Attendees were also encouraged to bring chairs and blankets. The City will provide benches and small round tables with umbrellas. She hoped all would attend. 6 Page 357 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 E. Announce the Budget Workshops for 2019/20 proposed budget: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 15, 2019 @ 5:00 P.M. Tuesday, July 16, 2019 @ 10:00 A.M. Wednesday, July 17, 2019 @ 2:00 P.M. (If needed) Mayor Grant read the item aloud. F. Announce the Initial Participants in the City of Boynton Beach Pilot Green Business Recognition Program by Rebecca Harvey, Sustainability Coordinator. Ms. Harvey announced she appeared before the City Commission in March for the launch of the Pilot Green Business Recognition Program that now has four restaurants that are certified as City of Boynton Beach Green Businesses. The program strikes a balance between structure and flexibility. She advised the restaurant must complete four required actions and at least five voluntary actions in the categories of waste reduction and recycling, energy and water conservation and general green practices and then share the results with the City. After completing the application, staff verifies the applicant met their commitments and the business is issued a City of Boynton Beach Green Business Decal. The businesses are recognized on the Go Green Boynton Beach website, the City's social media platforms, and the businesses and program are both promoted at Earth Day events, including the Hurricane Expos, Rock the Marina and the Lionfish Derby. The four certified green businesses are: Del Sol Bakery, Driftwood, Benvenuto, and Anzo Mediterranean Kitchen, formerly known as Chickpea. Ms. Harvey encouraged the community to patronize the restaurants and thank them for their efforts to be more sustainable. The program is going well. There are a lot of one-on-one visits and working individually on specific issues. G. Proclaim June 21, 2019 as Lifeguard Appreciation Day. Mayor Grant read the Proclamation announcing June 21, 2019 as Lifeguard Appreciation Day. Present to accept the proclamation was Wally Majors, Recreation and Parks Director. He recognized Crystal Quesda who is a certified lifeguard and Water Safety Instructor and as such, she can train others to be lifeguards. He was proud to have her as a member of their team. Crystal Quesada, Aquatics Supervisor, was proud to work for the City. The City offers swim lessons for the very young aged 6 to 12 months. June and most July is already full. There are openings in August. The City received a $5K grant, which provided 125 free swim classes to the community. The City has water aerobics offered twice a day at 9 a.m. and 5:15 p.m. Tuesday through Saturday. The City has 10 junior lifeguards this year, which is similar to an apprenticeship resulting in becoming certified and receiving 7 Page 358 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 certificates for serving as Junior Lifeguards. Commissioner Romelus appreciated Ms. Quesada's level of dedication. H. Proclaim June as Pride Month. the following people will be present to accept the proclamation: Allan Hendricks, Equality Florida; Julie Seaver, Compass Gay and Lesbian Community Center, Lake Worth; Meredith Ockman, Palm Beach County National Organization for Women; Nicolas Capolla, Florida LGBT Democratic Caucus; and Daniel Sohn. Mayor Grant read the proclamation announcing June as Pride Month. Allan Hendricks, 122 SE 4th Avenue, was proud to be a member of the City and community. He noted it was the 50th Anniversary of the Stonewall Riots in New York. The riot occurred 50 years ago when the Lesbian Gay Bi and Transgender (LGBT) community decided they will no longer stand for institutionalized discrimination against their community. The riot lasted three days. Since then they have made great strides for equality for all. He appreciates Boynton Beach and other cities in Palm Beach County, Broward, and Dade that have stood up and honor all people. He thanked the City Commission on behalf of the entire community for the Proclamation. Daniel Sohn wanted the record to reflect he was accepting the Proclamation as Vice President for the Floridians for Equality and Justice Coalition, who is leading the effort to ratify equal rights amendments for Florida to be the 38th State and leading the vote to pass the Competitive Work Force Act. He thanked the City for recognizing the LGBTQ community. He thanked the Mayor for recognizing all the different groups of individuals via Proclamation. He wished more cities would be like Boynton Beach. On behalf of his organization, he thanked the City for the proclamation. Mayor Grant spoke on behalf of Julie Seaver and announced Compass is having its Annual Stonewall Ball at the Harriet Himmel on Saturday. The VIP portion will take place from 7 p.m. to 9 p.m. and a dance party thereafter. Information is on website. I. Proclaim June 27, 2019 as National HIV Testing Day. A representative from FoundCare will be present to accept the proclamation. Mayor Grant read the Proclamation announcing June 27, 2019, as National HIV Testing Day. Sheila Evans and Quentin Dames, FoundCare thanked the City Commission for the proclamation. She told of the mission of the organization, which has offices in Belle Glades, Delray Beach, North Palm Beach, and West Palm Beach. The organization provides treatment and education, nurse care coordination, direct emergency financial and housing assistance and referral, food programs, outreach and referral, primary medical care, primary case management, medical transportation and health care insurance. Quentin Dames. Explained the prevention department's mission is to provide 8 Page 359 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 and promote education, advocacy and compassion to individuals and families affected and infected by HIV in Palm Beach County. They provide free confidential rapid HIB antibody testing and counselling services. They also provide services at substance abuse centers, soup kitchens, recreational centers, transitional housing programs, university campuses, community centers and churches. They provide outreach and education on HIV and HCV rapid testing preventative medications, linkage programs, volunteer opportunities and a drop in center. They left brochures. Commissioner Romelus commented as a Haitian American, Haitians were blamed for the disease in the 1980's. She was glad the thoughts progressed. The disease can affect all. She thanked the Mayor for the Proclamation and FoundCare for their work. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Bernard Wright, Bernard Wright Ministries, distributed a copy of a petition about the Denson Pool. He thanked the staff who was working to improve things in the spirit of a better Boynton Beach. He commented the community submitted a petition in 2016 regarding the hours of the pool and the $1 fee. An agreement was reached in August 2016 regarding a schedule. It was resolved that in the summer from June to August, while youth were out of school, the pool hours would be from 10 a.m. to 5 p.m. During the remaining months, Tuesday through Friday, the hours were 2:30 p.m. to 5 p.m. and on Saturday, the hours were 10 a.m. to 5 p.m. Staff recommends during December or January, the pool was used exclusively for swim lessons and swim team practices. He commented he was instrumental in addressing this issue. On June 7th he went to the pool. An incident happened on June 6t" and he witnessed staff was reducing the pool hours from 5 p.m. to 4 p.m. The hours also went down from 1 p.m. to 10 a.m. in the morning. Minister Wright wanted to know if anyone in the City had the authority to make a decision contrary to a Commission action because the pool hours are changed. Mayor Grant advised staff had the ability. Brian Fitzpatrick, 409 NE 1St Street, commented there is a lot of public interest to abolish term limits. He thought it would be helpful and good for the City and he requested it be put on the ballot and let the people decide. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 9 Page 360 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 Motion Commissioner McCray moved to appoint Bryan Pascual as an alternate on the Arts Commission. Commissioner Romelus seconded the motion that unanimously passed. Motion Commissioner Penserga moved to appoint George Feldman as a regular on the Library Board. Commissioner McCray seconded the motion that unanimously passed. Motion Commissioner Romelus moved to appoint Tim Lltsch as a regular member of the Planning and Development Board. Commissioner McCray seconded the motion that unanimously passed. B. Mayor is travelling to Italy in July and requests authorization to travel in official capacity as Mayor as he is intending to visit a potential new Sister City. He will not be expending any city funds. Mayor Grant commented he would like to represent the City on this trip in the same way he has done before and he needed Board approval to go. Commissioner Penserga asked if he would sign any documents and learned he would not, but he may bring a new sister cities agreement back. Farindola is an Italian town, 100 miles northeast of Rome. They have a big international arts festival in July and one of the City's artists was selected to be part of the festival. He thought it was a great way for our community to learn about other communities in the world and the two cities can share ideas about Art in Public Places. Motion Vice Mayor Katz to approve. Commissioner Romelus seconded the motion. Commissioner McCray queried how many Sister Cities the City has. He was aware the first Sister City was Qu Fu, China and he asked if the City was just gathering Sister Cities. He inquired what the City was giving to our Sister Cities and vice versa. Mayor Grant commented the City has received art from all Sister Cities for the art contests the organization has. The purpose of the program is to broaden the horizon of the residents. The City has sister Cities in China, Haiti and Finland. When Mayor Grant participated in the Read for the Record, he spoke to students about Finland and students did not even know Finland was a country. A delegation from Rauma Finland came to the City. It is an exchange of culture, education and economics. The City has been involved with the organization for ten years. He thought an Italian Sister City would improve Sister City membership and broaden horizons. Commissioner McCray requested receiving a list of the names of the sister cities and the year they became Sister Cities. 10 Page 361 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 Vote The motion unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for June18, 2019- "Request for Extensions and/or Piggybacks. B. PROPOSED RESOLUTION NO. R19-064 - Authorize the Florida Department of Transportation to proceed with the design, construction, and administration of the Boynton Beach Boulevard Complete Streets Project, between NW 3rd Street and Federal Highway (US 1). C. PROPOSED RESOLUTION NO. R19-065 -Authorize the City Manager to enter into a five (5) year agreement with Right Choice Vending Coffee LLC for the installation and service of vending machines throughout City facilities. This is a Revenue Generating Contract. D. PROPOSED RESOLUTION NO. R19-066 -Authorize the City Manager to sign a letter of agreement with The Merchant Strategy, Inc. to provide public outreach and informational services for the Central Seacrest Corridor - Phase 2 Neighborhood Improvements project in the amount of $32,800. E. PROPOSED RESOLUTION NO. R19-067 -Authorize the City Manager to sign a letter of agreement with The Merchant Strategy, Inc. to provide public outreach and informational services for the Dimick Road and Potter Road (Lakeside Gardens) Stormwater and Water Main Improvements project in the amount of $34,912.50. F. PROPOSED RESOLUTION NO. R19-068-Authorize the Mayor to sign Change Order #3 for $70,000 to Straticon, Inc. for Boynton Beach Cultural Center construction for additional designservices for additional storage rooms and space in the re-purposed historical building. G. Accept the written report to the Commission for purchases over $10,000 for the month of May 2019. H. Approve the minutes from City Commission meeting held on June 4, 2019. 11 Page 362 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 Motion Vice Mayor Katz moved to approve the Consent Agenda. Commissioner McCray seconded the motion that unanimously passed. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. Approve an increase of $175,000 to the existing bid ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHCILES AND EQUIPMENT, # 076- 1412-17/MFD. This will bring the estimated total annual expenditure to $430,000. B. Approve an increase of $125,000 for the purchase of Water Meters and Equipment with Sensus Metering Systems for the maintenance and replacement of water equipment for the City's Utility Metering System increasing estimated annual expenditures to $300,000 to be ordered on an as needed basis. C. Approve the Bid Award for "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" Bid # 031-1412- 19/MFD to the following two (2) companies: Vehicle Maintenance Program and Genuine Parts (Napa) on a primary and secondary basis to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $155,000. D. Approve the Bid Award for "CITYW IDE PAINTING SERVICES - PRE- QUALIFIED POOL" Bid # 013-2511-19/IT to the following two (2) companies: All Counties Painting of Davie, FL and J&J Eagle Painting of Sunrise, FL as the lowest, most responsive, responsible bidder who met all specifications for a rotational basis on individual projects not to exceed $100,000. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion that unanimously passed. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO.19-018 - FIRST READING -Approve proposed code language implementing CRA Plan-Group 4 (CDRV 19-003) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, 12 Page 363 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 Article II. Definitions, Article III. Relationship to Comprehensive Plan, and Article IV. Redevelopment Plans; and (2) Chapter 3. Zoning, Article III. Zoning Districts and Overlay Zones, to continue implementation of revisions related to modification of the future land use categories and to other recommendations of the Community Redevelopment Plan, including creation of the Cultural District and Boynton Beach Boulevard Overlays and Chapter 4 site development standards, correcting references to overlays. Applicant: City-initiated. Attorney Cherof read Proposed Ordinance No. 19-018 by title only on First Reading. Amanda Bassiely, Planner, explained the revisions correct inconsistencies between the CRA Redevelopment Plan and the City's Land Development Regulations. Staff categorized the revisions in five different areas. Three updates create three overlay areas: the MLK Jr. Boulevard Overlay, the Boynton Beach Overlay and the Cultural District Overlay. Staff added two additional definitions used in the CRA Plan and not in the City's Code, which was also revised. The Boynton Beach CRA Redevelopment Plan was adopted in 2016. The last section of the plan was an implementation guide, which helped address inconsistencies and have them adopted into the City Code. The item covers the adoption and revision of the Ocean Avenue and the Boynton Beach overlays. Overlays are geographically specific and is a planning term to create a district. The MLK Jr. Boulevard already exists and it was updated. It is the area between Seacrest Boulevard and the railroad tracks and goes on block deep on both sides of MLK Jr. Boulevard. The Cultural District is an update of what used to be the Ocean Avenue District and it is from Seacrest Boulevard to the railroad tracks and from NE 2st Avenue to SE 2nd Avenue. The third overlay is new. It is from 95 to the railroad tracks and is one block deep on both the north and south side of Boynton Beach Boulevard. If there is conflict between the underlying zoning district and the overlay, the overlay will take precedent. The biggest section in the overlays are the modified buildings and site regulations. It covers items such as lot areas, frontage, and pedestrian zones and the scale and height. The pedestrian zone is contained in the CRA Plan, and this Ordinance will codify the provisions in the Land Development Regulations. There are three components to the pedestrian zone. The first is street trees, sidewalks vary between eight and 10 feet and then an eight-foot active area. The first items are always required and third provision depends on where they are in the overlay. The areas are mixed use and commercial areas. In residential areas, they are more of a design influence. Buildings will front the street, and the provision will allow for landscaping and front yards in front of the building. This will overlay having buildings right up onto the right-of-way. The provision caps the height on Ocean Avenue at 35 feet and the height must be maintained 30 feet deep. The overall height is regulated by Zoning District. Height in the Boynton Beach Overlay District is also regulated by the Zoning District, but there are 13 Page 364 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 areas where the height is capped at 45 feet and the height must be consistent for at least 10 feet deep. Building design has three components, which are building orientation to ensure the buildings face the streets, finished finial requirements, which are glazing windows and wall articulation. Mayor Grant asked if there are any subjective views to any of the changes. Ms. Bassiely explained there is relief provided in the same way as they have with existing design standard. Applicants, if they meet the intent of the Code, and not the letter of the Code can apply for a deviation. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. Deputy City Clerk Nieves called the roll. The vote was 5-0. B. Approve request for Conditional Use and Major Site Plan Modification (COUS 19- 001 / MSPM 19-006) for 7-Eleven, Inc., to allow redevelopment for a new 2,540 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy, six (6) pump stations, and related site amenities and improvements on a 0.84 acre parcel located at 4798 N. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Grant Distel, 7-Eleven, Inc. The Planning and Development Board reviewed this item at its May 28th meeting and, with a unanimous vote, forwards it with a recommendation for approval. Attorney Cherof administered an oath to all those intending to testify. Josh Long, AICP, Gunster Law Firm, 777 S. Flagler Drive, West Palm Beach, and Brian Seymour, Attorney were present. Mr. Long explained the application was approved by the Planning and Development Board. He explained 7 Eleven is on a nationwide campaign to change their store models as convenience stores have changed over the last twenty years. An aerial of the subject site was viewed. his site has a car wash, which will be removed and is not part of the application. The building is a simple box having no architectural elements, no landscaping, and minimal parking. The plans will update it to a modern store. A layout for the store was viewed. Ingress and egress was revised to Palm Beach County traffic standards and the fuel canopy is on the west side of the property. The one-way exit into an adjacent outparcel on the northeast corner will be revised as part of the application. Mr. Long requested approval of the plan. Commissioner McCray noted there are other 7 Eleven's in the City and asked what would be done with those stores. Eric Lavoria, 7 Eleven Real Estate Representative, explained 7 Eleven has a redevelopment plan as the company has been around for 65 to 70 years and there are many older stores. They have a plan for to install new beverage bars, newer coffee standards, and fresher food service offerings to meet the prototype for their newer stores. 14 Page 365 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 There is a plan to update stores but he did not have a time period. Commissioner McCray asked staff how many gas stations there were on Congress Avenue from the Delray line to Hypoluxo. Ms. LaVerriere will get the information. Commissioner McCray favored the project, but he did not want to overdo gas stations. Ed Breese thought between there were four to six. It was noted the gas station was not a new gas station. They were replacing a gas station. Brian Seymour explained sometimes 7 Eleven co brands with other gas companies. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Mayor Grant requested 7 Eleven get a letter from Palm Tran to see if it was feasible to move a bus stop to the location. Mr. Long noted this location has a turning lane, which would not accommodate a bus shelter there. He pointed out 7 Eleven does pair up with Palm Tran to have bus stops at their properties because it is good for business and he further agreed to contact Palm Tran. Mayor Grant noted the landscaping plans, but they did not get a list of trees or shrubs. He pointed out the City is pushing for butterfly plans. Mr. Seymour commented if staff provides the species of landscape plants needed, they could add them. If they can provide staff with the species. They can incorporate them. Mayor Grant asked if they will have a solar canopy and learned they could not at this location due to the small site and the trees. Commissioner Penserga asked what security features they have. Mr. Seymour commented they are working with staff to increase lighting under canopy to meet the Crime Prevention Through Environmental Design (CPTED) standards. All 7 Elevens have closed captioning with high definition TV in the stores and 7 Eleven teams up with police and sheriff departments to have officers frequent the store and write their reports to have a presence. All new stores will have new security features built into them. Vote That unanimously passed. C. PROPOSED ORDINANCE NO. 19-019 - FIRST READING - Approve amendments to the Land Development Regulations, Chapter 4, Site Development Standards, creating a new*Article XII entitled "Fertilizer Use Regulations"to create regulations requiring proper application of fertilizer to protect water bodies. Applicant: City-initiated. City Attorney Cherof read Proposed Ordinance No. 19-019 by title only on First Reading. 15 Page 366 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 Colin Groff, Assistant City Manager, explained the National Pollution Discharge Elimination System Permit the City has with the County requires the City to have the regulations in place to control the use and access to fertilizers. This is standard language from the State the permit requires them to implement. Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. Commissioner Romelus asked if this was a way to improve and protect waterways and learned it was. The rules are designed to prevent fertilizer from running into open waters. Mr. Groff reviewed a brief presentation. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. 9. CITY MANAGER'S REPORT A. Presentation of Building Wealth in the Community Strategy including Local Business Spending for City Surtax Projects, Sara Sims, and Town Square Development by David Scott, Director of Economic Development & Strategy. David Scott, Director of Economic Development and Strategy, explained building wealth focuses on every development, redevelopment construction project to maximum the expenditure and investment in the City's local communities. He reviewed a PowerPoint on how the City will move forward with the strategies and report on different projects and initiatives around the strategies and if they are successful or not in the City. Mark Heferin E21- was present to talk about the town Square portion of the presentation and Andrew Mack, Director of Public Works and Engineering will discuss the City's Surtax projects and Sara Sims Park. Building wealth in a community takes a view of how to support local business preferences, engage local communities to a deeper degree and focus on different strategies on workforce development. As local businesses grow, they will expand within the City and hire locally. Targeted procurement focuses on supporting local businesses first so they will continue to grow. The Local Business Preference Policy was implemented a year ago which allows them to look at bid projects and responses to proposals. If local businesses respond within five percent, five points or within $5,000, the City can award the project to a local business. The City also reviewed strategies regarding procuring local businesses and understand an intermediary and a champion who can be the project manager. The project manager can review different strategies such as targeted recruitments who can break up projects into smaller components so smaller businesses can compete. Targeted recruitment can review how the City procures. If a project is under a certain threshold, the City can solicit 16 Page 367 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 three quotes to focus on three local businesses who could then respond to a bid. The City has used job fairs, such as those held for Sara Sims and the Town Square. Social media was used as was direct contact to ensure they are aware a bid has been issued. In the future, the City will hold more workshops around local business development. Mr. Scott spoke with Sherry Johnson about an upcoming Career Fair and he anticipates a partnership would be formed. The Commission requested reviewing how much the City spent on local businesses for City projects, which was over $2.8 million. Less than 1% was spent on City projects. About 9% was spent on local businesses participating in improvements from the Surtax Fund, and the Town Square calculated to about 3.5%. Commissioner McCray inquired if he was a contractor and his proposal did not meet City standards if the City contacts the contractor to advise why they were unsuccessful to improve their chances to be awarded another bid. Mr. Scott responded they have not yet done so and he agreed follow up was needed. He pointed out it was used with the Town Square and it was successful. Andrew Mack, Director of Public Works, reviewed key findings with the surtax projects. He advised staff had a lot of success implementing local preferences in single trade contracts, such as electrical or fencing repairs or supplies. The City achieved about 9.9% local spending. Local contractors used were Davco Electric, TJ Bowles Electric, Alpha Fence, Allied Fence and City Electric Supplies. Multiple trades are more difficult because the City does not have many vendors that bid on the smaller projects. As to Sara Sims, staff did reach out to many local vendors and broke the project down into single trades, but the single trades staff contacted were too busy to bid. Staff reached out to trades through the internet and community contacts to try to follow up with bids. Staff will work on mentoring businesses to partner some of the smaller contractors with the larger ones to ensure they will get work as well. Commissioner McCray commented the Sara Sims project fell behind due to lack of local contractors. He asked how long staff would delay the project. Mr. Mack explained for a project like Sara Sims, staff writes the schedule up front, and it gets to the point when it starts to affect the schedule, they have to make a decision to move forward. In some of those cases, they used a minor construction bid which are four, pre-qualified contractors for the restroom and the pavilions. Ms. LaVerriere explained maintaining a balance was the key. The City had plans, broke it down, and by the time they were done, 10 individually bid trades, the staff time, procurement time took about a good four months. They tried to find a local vendor. The local business preference is in its first year and staff will have to decide when it is not feasible or practicable to accomplish something. Mark Hefferin, Master Developer for the Town Square development, explained the City has five different projects, which are the Old High School, the Police Headquarters, the District Energy Chiller, the City Hall/Library and the related site work. The Fire Station is a separate project that is tied in to the Town Square development. They are at 14% of 17 Page 368 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 the overall purchase. The term total spent means total purchase to date. Nearly 50% of the Police Station project is being built by local Boynton Beach contractors, suppliers or laborers. He noted many municipalities have many mandates, such as Broward County having a 30% mandate on their new convention center. It is a big challenge, especially for a City that does not have resources. He noted the initiative is a long-term proposal for the City. It adds wealth to the community, but it is training and keeping staff and businesses growing. Mr. Hefferin was aware the private developer, John Markey and E2L agreed to continue the program beyond City spend, it is also the private developer spend. The Town Square project started three years ago, and they helped write the business plan for Building Wealth. The project is coming in under budget. They are on budget and on schedule. Sophia Nelson introduced Karizma Adams who was assisting Ms. Nelson in putting the City back to work. Karizma Adams explained she works in the area of community outreach to increase local participation for the project. One of her tasks is to reach out to community organizations in Boynton, looking for referrals by searching through the City's Business Tax Receipts. They contacted Connect 2 Greatness because one objective is to identify local contractors who could work on the Town Square project. Connect 2 Greatness referred her to Michael Evans, of Evans Air. She contacted him in August last year and learned he was not able to bid at the time because the largest scope of work he had completed was not high enough. She asked him to collaborate with him throughout the duration of the project and Mr. Adams agreed. She sent him to their bonding partner. Mr. Adams was not able to secure bonding due to some issues, which were addressed and they connected two months ago. The largest scope of work Mr. Evans was able to handle was $70,000. In august, he was pre-approved for $400K and can now bid on future opportunities. Michael Evans, Evans Air thanked the City Commission for the work. Staff did reach out to him and Ms. Adams followed up with him around three times. In the past, he did projects for the government, but he was always the sub-contractor. Now through their program, he could grow his business because now he could bid on the jobs directly. Mr. Scott explained Mr. Evans was an example of building wealth and the program should provide wrap around services for businesses that need support. Mr. Evans can now bid on other projects anywhere. Commissioner Romelus would like a list of other vendors helped similarly as Mr. Evans. Mr. Scott agreed. He commented many had challenges and a few went through the process. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS - None 18 Page 369 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 12. LEGAL - None 13. FUTURE AGENDA ITEMS A. Department to give brief presentation of their operations: Development - July 2019 Library - September 2019 B. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects - July 2019 C. Dorothy Jacks, PBC Property Appraiser to address the Commission - August 6, 2019 D. Staff to present updated Social Media Policy - August 20, 2019 E. The Mayor has requested a discussion of possible changes to Seacrest Corridor zoning and land use including expedited permitting — TBD 14. ADJOURNMENT Motion There being no further business to discuss, Vice Mayor Katz moved to adjourn. Commissioner McCray seconded the motion that unanimously passed. The meeting adjourned at 8:48 p.m. (Continued on next page) 19 Page 370 of 600 Meeting Minutes City Commission Boynton Beach, FL June 18, 2019 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Justin Katz Commissioner - Mack McCray Commissioner— Christina Romelus Commissioner—Ty Penserga ATTEST Queenester Nieves Deputy City Clerk Catherine Cherry Minutes Specialist 20 Page 371 of 600 8.A. PUBLIC HEARING 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO.19-018 - SECOND READING - Approve proposed code language implementing CRA Plan-Group 4 (CDRV 19-003) -Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions, Article 111. Relationship to Comprehensive Plan, and Article IV. Redevelopment Plans; and (2) Chapter 3. Zoning, Article 111. Zoning Districts and Overlay Zones, to continue implementation of revisions related to modification of the future land use categories and to other recommendations of the Community Redevelopment Plan, including creation of the Cultural District and Boynton Beach Boulevard Overlays and Chapter 4 site development standards, correcting references to overlays. Applicant: City-initiated. EXPLANATION OF REQUEST: The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. The Plan recommended significant changes to the structure of the future land use (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific design standards. The City's Comprehensive Plan was amended accordingly, and staff embarked on comprehensive revisions to the Land Development Regulations (LDRs). The subject LDR amendments follow the first set of revisions (adopted in 2017); the modifications would affect Chapters 1, 3 and 4. The most significant changes are proposed for Chapter 3. Zoning, which contains zoning definitions and related building and site regulations (Article 111. Zoning District and Overlay Zones). Amendments to Chapter 3 include the addition of two new overlays: the Cultural District Overlay (CDO would replace the existing Ocean Avenue Overlay District), and the Boynton Beach Boulevard Overlay (BBBO). Also proposed are changes to the existing Martin Luther King Jr. Boulevard and the Urban Commercial District overlays, reflecting the design standards of the Heart of Boynton and the Federal Highway Corridor Districts established by the CRA Plan. The remaining revisions to Chapter 3 would correct outstanding inconsistencies in its narrative and tables containing zoning district-specific building and site regulations. Two new definitions are proposed, for Usable Open Space and Active/Commercial Uses on Ground Floor. Both would provide more clarity to requirements supporting the CRA Plan's goal of creating an urban, pedestrian-friendly environment. The Planning and Development Board recommended approval of the subject request on May 28, 2019. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on programs or services FISCAL IMPACT: No fiscal impact ALTERNATIVES: No alternatives recommended STRATEGIC PLAN: Page 372 of 600 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance® C Plan Group 4 Amendments D Attachment Staff Report D Exhibit Exhibit A. CRA Plan FLU Recommendations D Exhibit Exhibit B. Chapters 1 111 1 V D Exhibit Exhibit C. Chapters 3 and 4 Zoning_Site Development Page 373 of 600 I ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS CHAPTER 9 5 GENERAL ADMINISTRATION,ARTICLE 11.DEFINITIONS,ARTICLE ®RELATIONSHIP TO COMPREHENSIVE PLAN,AND ARTICLE IV. PLANS;7 REDEVELOPMENT CHAPTER 3. ZONING, ARTICLE III. 8 ZONING DISTRICTS AND OVERLAY ZONES, TO CONTINUE9 IMPLEMENTATION OF REVISIONS RELATED TO MODIFICATION 10 OF THE FUTURE LAND USE CATEGORIES AND TO OTHER 11 RECOMMENDATIONS OF THE COMMUNITY REDEVELOPMENT 12 PLAN, INCLUDING CREATION OF THE CULTURAL DISTRICT AND 13 BOYNTON BEACH BOULEVARD OVERLAYS; AND CHAPTER 4, 14 SITE DEVELOPMENT STANDARDS, CORRECTING REFERENCES 1 ; PROVIDING FOR CONFLICTS, SEVERABILITY, 16 CODIFICATION AND AN EFFECTIVE DATE. 17 18 WHEREAS,the Boynton Beach CRA Communitye evelo t Plan was adoptedy 19 the City Commission on October 4, 2016 and is now being implemented thro incremental 20 amendments to the Comprehensive Plan and Land Development Regulations; and 21 WHEREAS, these proposed amendments primarily involve the future land use (FLU) 22 and zoning district schemes including tha merging of certain future land use classifications 23 zoning districts, establishment of a new future land use classification zoning district and 24 minor changes to the titles of the mixed use future land use classifications and corresponding 25 zoning is ; and 26 WHEREAS, staff proposes e attached amendments to continue implementing the 27 C 's new Community Redevelopment Plan and to support continued quality development and 28 redevelopment o e downtown and remaining CRA area; and 29 WHEREAS, the City Commission has considered the recommendations and has 30 determined finds that it is in the best interest of the citizens and residents of the City o 31 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 32 contained . SACANOrdinancesUDR.Changes\Community Redevelopment P -(Group 4-CDRV 19-003)-Ordfimee.doex Page 374 of 600 33 NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 34 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 35 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 36 confirmed by the City Commission. 37 Section 2. The Land Development Regulations of the City of Boynton each Code 38 of Ordinances is hereby amended as reflected in Exhibits "B" and "C" respectively attached 39 hereto and incorporated herein. 40 Section 3. Each and every other provision of the Land Development Regulations not 41 herein specifically amended, shall remain in fall force and effect as originally adopted. 42 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 43 with any provisions of this ordinance are hereby repealed. 44 Section 5. Should any section or provision of this Ordinance or any portion thereof 45 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 46 remainder of this Ordinance. 47 Section 6. Authority is hereby given to codify this Ordinance. The City Clerk is 48 directed to work with the Land Development Regulations publisher to consolidate this ordinance 49 and the exhibit for publication. 50 51 {Remainder of page intentionally left blank) 52 SACA\0rdinances\LDR Changes\Community Rmdevelopment Plan-(Gmup 4-CDRV 19-403)-Onfinmce.doox Page 375 of 600 53 Section 7. This Ordinance shall become effective immediately. 54 FIRST READING this_day of 12019. 55 SECOND, FINAL READING AND PASSAGE this day o p2019. 56 57 CITY OF BOYNTON BEACH, FLORIDA 58 59 YES NO 60 61 Mayor—Steven B. Grant 62 63 Vice Mayor—Justin Katz 64 65 Commissioner—Mack McCray 66 67 Commissioner—Christina L. Romelus ............................. 68 69 Commissioner—Ty Penserga 70 71 72 VOTE 73 74 ATTEST: 75 76 77 78 Queenester Nieves 79 Deputy City Clerk 80 81 82 83 (Corporate Seal) 84 85 -3- S:\CA\0rdffi=es\1DR Changes\Community Redrvelopment P1an-(C=up 4-C 19-003)-Ordhmcc.dwx Page 376 of 600 EXHIBIT B Chapter 1.General Administration Article H.Definitions U -1 il-0171 .................................. 1, X C of v �]h as tfllazas —Lgili i iujlso-ializati,,�)n. sLu, H,c�s --iij ............ g-1-ps ................. .............. —e" —1111 S etc� ] a c,n o n tr—i i yiyate 2g�,-a'c e 1.ILI e -'s(if fl",e such,as til it" ............... iivsid !L T e ti,c��4 th _jnd S."aade S� clures". 1,lus 8 xne -r�ot inebude ............................................L�.. ................... —11� .511111111111111,,_ _ . ........... ag-eas su,,,,J,� -,u-mi uilil� owners, .......... vid-1--.............. ,4C7-1VL1C01V,'YERCL,1L 14YES ON GROUND FLOOR - Mixed " 811.1 wit"hiin urbiar,� mixed u drsurk;ts wjifl. AC,rVL,"C0MMER-" AT i S E a, Brei ,n n io, 2 �q —1-1-1-11-11.-11 11 11 11 1 - y ................ ......... q re ;g b C.-nonnaer6al usesserv-;1! ..................................................... ....................................................................... nelid ssuch, live-work. Resid�4.R,�IL-�,)�Kl��il , t "IS1 �ung S Uc-1 1-C S--W"d --V I J"I U D mot ............ ..... 'live R- (e c-s ma-y be included in 'io 1'he all) ..........1............. d use zorlill--, j", nieelt A(7 TIVI'E' USZLT Res,denfial-offl' urban inixe. "K ................................................................................................................ .......................................................................... �--------------- ........................................................................... j,mi-1-1131 ter by_usi�.- ffi a-w, r s�i ne s-fr-1 ag—ss -V d1low resIdential u,,,,,e ................. ------ gkn, Sue' fi:�;xture,;, --p-, �L'j y intcract, h I WA V 4JU cor,nbinecj with bujidj.et g -m-,,eni-ties sti,ch as 110unge- F nin 1 1° am'.1 pt I MIC111, t Ofl ........... ................ 2qjh�z-g.x,-)ut--,d floor, Page 377 of 600 Article l Comprehensive ; ) B. FLUM Classifticadons and Corresponding Zonings - . Zoning �R HDR OC LRC 1 t ct [1(7. (11) (15) (20) (20) (50) ( p) I I DRI - - x AAB 5.5 - _ AA x 5.5 -1 6 -I x 7.5 -2 X10 -3 x x x 15 7 PUD x x x x MUPD x -1 x C-2 x C-3 x x CBD PCD x x x x x 1SMU x LT-1 x -2 x i;T- x 1T-4 x -1 x PID x REC x 1 x Page 378 of 600 Article IV.Redevelopment Plans See. 1. General. A. Purpose and Intent. The city's Land Development Regulations are intended to finther the goals, objectives, guidelines, and recommendations of the adopted redevelopment plans. B. Identification of City's Redevelopment Plans. Each redevelopment plan approved by the City Commission is hereby adopted by reference in these Land Development Regulations and identified as the 1,0110whig: CRA CommmriftyRedevelopment Plan; .............. umt!f-Re&*66Piet a et- 31131M —R-e--tm - ir Q -Ww4y Page 379 of 600 EXIIJBIT C CHAPTER 3. Zoning ARTICLE Ill. ZONING DISTRICTS AND OVERLAYS ZONE4 See. 1. Overview. A. General. Pursuant to Chapter 1,Article Ul, Section 5.B., any given parcel of land in the city shall have a zoning district that corresponds with the tFuture 11-and uUse mMap(FLM classification of the Comprehensive Plan. B. Residential Building and Site�Ia�tians Takle 3-1). RESIDENTIAL F R-_1 R-I R-1 R-1 IPUD PUD MHPD AAB AA A Duplex Multi Multi R-4 b Maki am Density(dwelffing units per acre): 5 5.5 6 M 10 11 15 Flrxiblrlo Flexible'n Flexible'D Project Area,Minimum(acres) NIA NIA N/A N/A N/A N/A l NA NIA 5.1. 10+ Lot Area per unit;Minimum(square 9,000 8,0008 7,500 6,000 4,500 4,000'2 4,000" Flexible Flexible 4�200 Lot Frontage,Minimum ffeet)- 90 75 60 60 75 too 100 Flexible Flexible N/A Living Area,Minimum A/C(square feet): 1,800 1,600 I t4OO 1,200 750 750 650 Flexible Flexible N/A Lot Coverage,Maximum- 45% 45% 45% 500 40% 40% 500/0 50% N/A N/A Floor-Ar ea-Rallo(FAR)for Noe- Residential,MSXiMUM: N/A N/A N/A N/A N/A NIA MA N/A NIA N/A 30 30 30 25 Structure Height,Maximum(feet): 30 456 45 457 45' 30 Building Set Minimum(feet)- Frord' 25 25 25 25 25 40 20 Flexibles Flexibler 20 Interior side: to to, 7.5 7.5 10 20 20 Flexible' Flexible' 5 Corner side- 254 25' 254 254 25' 40 20 Flexible] Flexible loll 204 204 204 201 254 40 40 Flexibles Flexibles ton Special rear yard setback reductions for I-suilding Maximum Percentage of Reduction: additions abutting. 1-95 or railroad trucks: 5D% 503 50% 50010 N/A N/A N/A N/A NIA N/A Intracoastal Waterway(ICWW): I N 50% 50% 50% 50% N/A N/A N/A N/A E/A NIA lake: 50% 50% 5Wa 513 e N/IfAgNIA NIA N/A N/A N/A Golf come: 50% 5M/* 50% 50% NIA N/A N/A N/A N/A N/A Conal wider than 150 feet: 50% 50% 50% 50% N/A NIA N/A N/A NIA N/A Canal narrower it=150 feet: 33% 33% 33% 1 33% N/A N/A N/A N/A NIA N/A Commere`alfindustrial: 50010 501A, 500.E 50% NIA N/A NIA N/A N/A N/A Public/private pwk: 50% 50% 50% 500/6 N/A N/A N/A NIA N/A N/A Perimeter wall abutting non-residential: 50% 50% :51(&P/a 50016 N/A N/A NIA N/A NIA N/A Page 380 of 600 Administrative Adjustment: Maximum Percentage of Reduction to standard yard setback)- - Frt -----------------------------------—--—--------------- onyard: I- 20% 20% 201® 20% N/A N/A NIA N/A NIA N/A Side yard. NIA 20% N/A 20% 20% NIA N/A N/A N/A N/A N/A ........... It yard: 25% 2 5% 25% 2 5%-1 N/A N/A NIA N/A N/A tes: General No 1,2 A 1,2 1 1 2 1 21 14 1 I The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed by administrative adjustments. 2. An administrative adjustment to reduce a setback may be granted if any first floor addition follows the building line of a legally non-confomring single-family structure,or a building line previously approved by a variance. 3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard back setback shall be required,only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks of an IP LJD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family zoning,required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30)feet. Project design along abutting roadway(s),including setbacks,shall be based on existing development patterns or applicable recommendation from the respective development plan. 6. See Note#5 for additional setback requirements relative to building height. 7. A lesser building height maybe required for compatibility with adjacent properties. See Note#5 for more setback requirements relative to building height. 8. The minimum lot area shall be seven thousand,five hundred(7,500)square feet and the minimum side yard shall be seven and one-half(7-1/2)feet for properties developed and/or platted prior to June 13, 1975. 9. Total usable open space shall be calculated at two hundred(200)square feet per dwelling unit(also see Chapter 4,Article III, Section 8.), 10. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan. 11. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s), but with a minimum of the setback required for a single-family residence. 12. Multi-family dwellings and group homes require four thousand(4,000)square feet. All other uses allowed in R-3 and R-4 require twenty thousand(20,000)square feet. C. Non-Residential it in and Site Regulations (Ta le 3-2 . NON-RESIDENTIAL C-1 C-2 C-3 C-4 C 4 CBD PCD M-I FID RE [ PU C - C 44- " Density(dwelling units per acre)® N/A N/A 44 N/A NIA FlexiblellNIA N/A h LiA C<!A NiA _rN/A N/A N/A N/A-1 N/A Project Area,Minimum(acres) N/A 7A 3P�11 NIA 254 Lot Area per uniltl,Mimmum(square feet): 9,000 %OOD 15,000 '5�000 15,000 Flexible 10,000 Flexible 43,56D 8,000 Ml -ble War Lot Frontage,Minimum: 75 1 50 75 5'0')o 75 1 Flexible 0 Flexi 100 75 2 Page 381 of 600 Lot Depth,Minimum: 120 .100 N/A 100 100 1 /A N mm NIA NIA NIA N/A NIA N/A 0 �` Lot Coverage,Maxim40% 40% 40% 40% 750/6" 40W� 60% 600/61� N/A NIA Floor-Area-Rado(FAR),Maximum: 0.40 0.50 MO UO N/A 0.54 0150 0.50 49. 0 NA O 1.00 Structure Height,Maximum(feet): 30'" 25' 45 45 45"1" 41"' 45"' Building Setbacks,Minimum(feet)a4lea Front 30 30 20 25 0 40 15 30 25 25"' --------- Rear 20 20 202 205 206 40 203 30 25 25''L Interior side 10 15 of 155 0 30 154 20 25 15a�' Corner side 10 20 20 155 87 30 15 30 25 15.1111 Building Setbacks,Minimum ff abutting a residential district(ice#4LI: It 30 30 30 30 N/A X/A 30 N/A N/A 30 Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30 1 Comer side 30 30 30 30 1 N/A N/A N/A NIA N/A NIA Waterfi-orn yard NIA NIA NIA L NIA NIA 1. Where rear access is not available from a public street or alley,aside yard of not less than fifteen(15)feet shall be provided on one(1)side. 2. Where rear yard access is available from a public Street or alley,rear yard maybe decreased by one-half(1/2)the width of such street or alley,but in no case shall a rear yard be less than ten(10)feet. 3. Where rear yard abuts a railroad right-of-way or any paved alley,the rear yard may be reduced to ten(10)feet, 4. Where rear yard abuts a paved alley or street,then no side setback shall be required. 5. Where rear property line abuts a public street or alley,rear yard setback maybe reduced to ten(10)feet and no side yard shall be required,except on comer lots. 6. Where rear property line abuts a public street or alley,rear yard setback may be reduced to eight(8)feet at first floor level, in which case,no setback shall be required at all other floor levels, 7. Eight(8)feet is required at first floor level. No Setback shall be required at all other floor levels. 8. Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line. However,setbacks are measured from the mean high water line if the body of water is under the same ownership as the subject property. 14wi 12, ............. 44A Buildings designed with under-story parking shall be allowed a maximum building height of thirty-five(35)feet but only with conditional use approval. 4- eM+*-bu i4m4gs-VA ii FG a�4� 4410. The total ground floor area of all buildings and accessory structures shall not exceed forty percent(40%)of the plot on which they are constructed. 4411. Contiguous acres. Page 382 of 600 4412, Residential uses are only allowed within a mixed use pod of a PID that has a DRI future land use classification. Maximum residential densities shall be in accordance with the thresholds established for the respective DR1. 14- 4-8-, . r :: ti ii:; •. . '. . f .: .i � i i a :. _:i, =eta• AA. '�3i=Sia'§=d.:. DG ;- ..� al.. $13._.E..�r`..• -S3'`,: -¢ $i`'i,>.e-4.:».. .. . —: -ca—"1- �` '-'?. : . 1 e •: 2413. For hospital buildings,additional setbacks in excess of thirty(30)feet shall be required for any height over forty-five (45)feet. The additional setback shall be measured by calculating three(3)additional feet of setback for each foot in height above forty-five(45)feet,not including minimal rooftop equipment that are eligible for height exception pursuant to Chapter 2,Article 11, Section 4. •.. u =l" :' is ,. £. .Q11erSee Section li for regidations pertaining to -overlay b th4he. y . 11 (DOZ. D. Mixed-Use Suburban Bui ' and Site Regulations (Table 3-22. SUBURBAN MIXED-USE ) Types of Uses DISTRICT Residential e- Other Uses mil Site Regulations Family(Attached or Multi-Family (includes Mixed Detached) se) Density(dwelling its per acre) 20 20 N/A Project Area,Minimum: SMU district- 10 acres' Lot Area er unit,Minimum (square Flexible44L2 ex le:_a. 1 feet): Lot ro a E Use,Minimum(feet): lexi le 4-' 100 100 Living re ,Minimum A/C (square 1,20V 75W4 75e- feet): Floor a ), 9A N/A 1,02.5'e Structure ,Minimum(feet): 35 '- 5"- 35 3 tr e r Height, a ( et): 3 55 ®s 55 =' Build-to-line(feet): Front: 1 �l 104-,-$=-4_'13 4 l .. , 3 45 Buildinge ae ,Minimum(feet)- Side: fe )mi e: 15 comer 10 d Rear: Flexible-L2 1544 Flexible1 12 4 Page 383 of 600 E):le e, (square re 30c,`c 429.1 a 200/6-9-001-, 4 e�e`912 "—,[4 4: 4en_(404- f °.' ,41 6ii-ed4r-any-1xjec4 &M14-re�4a 6effs, 41. Porches may be placed forward of the build-to line and shall maintain a minimum two(2)-foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is twenty(20)feet. Where less than twenty(20)feet,garage access required from side or rear. Q. Projecting feature(s)such as awnings,balconies,porches and/or stoops may be placed forward of the build-to line and shall maintain a minim two(2)-foot setback from any public sidewalk. -53. Front yard build-to line along major arterial roads,a maximum of ninety(90)feet inclusive of a twenty-five(25)-foot landscape buffer. 64. The height setback envelope in accordance with Section S.C.below shall apply where adjacent to developed single-family residential zoning districts. 5 One(1)or more projecting feature(s)such as awnings,balconies,colonnades,porches and/or stoops required forward of the build-to line and shall maintain a minimum five(5)-foot clearance from any vehicle use area. Elements projecting over a pedestrian walkway shall allow a minimum nine(9)-foot vertical clearance and five(5)-foot horizontal pedestrian clearance. Excluding fe4den6a x6. parking structures. 117. Applies to any fagade with arterial roadway frontage. Multiple-story buildings are encouraged along arterial roadways. The intent of this provision is to create the appearance,or simulate the intensity of,a minimum two(2)-story building. Conditional use approval required if less than the thirty-five(35)foot minimum. . Building heights between fifty-five(55)feet and seventy-five(75)feet�E��k -4nwnifa Ta°.,,,,,^a. ay be allowed only for interior buildings(those buildings separated from the property line by another project building or use),if approved as a conditional use. below. 449. Usable en aces 1 provide active or passive recreational space shall not be occupiedby water bodies,streets, drives, parking areas,or structures other than recreational structures. 4-210. At least fifty percent(50%)of the required usable open space for r°®nnt®-f�.,,;'<,residential uses shall be contained in one (1)or more common pooled areasa rectangle inscrib within each common pooled area shall have no dimension less than seventy-five(75)feet. l 1. Up to fifty percent(50%)of the usable open space required for"multi-family" and"other uses"may be hardscaped plazas public gathering places. 4-412. To be determined on a case by case basis,depending on the overall project design. 15 a eev- e)i Mixed Use Urban uilflira and its lations 2' bl MIXED USE,URBAN -1 U-2 U- [Y-4 u Lot a, i (acres): Public k NIA N/A NVA NIA N/.4 Ali Edi uses 0.50 63.75 1 1 1 t>r'rentage, n )l too 100 Iso= zcx� as true re t®, um(t.) so �a 3a 45 45 Page 384 of 600 maximum Height(ft.), 45 65 75 4100] 150/125' ------------ Maximum Density(DUs/Acre)"),12 20 40 50 60 80 Maximum F.A.R.1 1 0 1.0 2,0 J3.0 4b 4_A_ Build-to-line( .)' All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' ............... ___ ___ Ab ............................... utting a Local street 1 07 07 o7 07 07 .............JL.................... Interior side 07 0.1 07 a? Building Setback,Minimum(ft.)' It abutfing: Residential sin 25'/Os, 251 255 255 25' Intracoastal waterway 25' 255 25' 255 25' ................... Side abutting Re sident ial single-family 251/016 25' 255 25' 255 9.0/h ...................... Usable Open Space,Minimum(sq.ft.)' N/A NIA 1% Eli] 0,5% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty(50)feet,if frontage is on a collector/local collector roadway. 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five(35) feet consistent.lb.adeothofaminimum offtillyL,10)feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements ofthese regulations. Height bonus may be granted through participation in the Workforce Housing Program. 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 6. Where there is an intervening right-of-way of at least forty(40)feet. 7. Buildings and structures shall be located no farther than zero(0)fed from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor ofroad way type and CRA district,which determines the in.width and design of the PZ.Except for the Downtown District,where the minimum PZ width is 18%the minimum PZ in all other districts if 16 ft. See Section 5.C.2.below for additional relief provisions from build-to line requirements. 8. �' _Locally registered historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III,Section 8 for additional regulations. 10. Projects within the transit core shall have minimum densities as follows:MU-1 -eleven(11),MU-2-twenty(20),MU-3- thirty(30),MTJ-4-thirty-five(35) and MU-C-forty(40)dwellings per acre(except that minimum density for the MU-C district applies to projects located within the entire station area). 11. Projects within the transit core shall have a minimum FAR as follows:MU-3-one and three-quarters(1.75),MU-4(2.0)and MU-C-two(2.0)(except that mmum FAR for the MU-C district applies to projects to be located within the entire station area).- Maximum FAR for MU-3 may be increased to 3.5 if abuttin _Rr Rerty with the fixed Use Hig h future land use classification. 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through 6 Page 385 of 600 participation in the City's Workforce Housing Program. (Ord, 10-025,passed 12-7-10; Am. Ord. 12-016,passed 10-2-12; Am. Ord. 14-(809,passed 7-1-14; Am, Ord. 15-006,passed 3-2-15; Am. Ord. 16-023,passed 1-3-17;Am. Ord. 17-023,passed 9-19-17) See.2. Residential Dishicts. A. R-1-AAR Single-family Residential District. 1. General. The purpose of the R-1-AAB zoning district is to implement the low density residential (LDR)future land use map (FLLTA4) classification of the Comprehensive Plan. The intent of this conventional district is to promote the suburban character of the city by preserving and encouraging single- family dwellings and structures on large lots at densities no greater than five(5)dwelling units per acre, and allowing limited types of non-residential use% 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.1) 3. Building and Site Regulations(Table 3-5). a. -r222jMmtints shall be observed: The fbllowiM!2��A BUILDINGISITE REGULATIONS -1- istrict Minimum lot area: 9,000 sm . imurn lot frontage: 90 feet Minimum ya s acks: Front- 25 feet Rear: 20 fed Special rear yard setback reduction for single-story buildin& addition s--1 Abutting: 1-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting. Canals wider dun 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than 50% residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: Interior side: 10-feet Comer side: 25 feet Minimum living area: 1,800 s.f. Maximum lot coverage: 45% n structure height: ........ 3,0 feet These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 2 On comer lots,the side yard setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However, where orientation of adjacent lots on both Weet frontages provides typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a comer lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 7 Page 386 of 600 e 20 25, ICY 'y Ps" . s ;m JSW "a il _ . Administrative Adjustments. . For lots platted prior to August 1 ,2001,the following administrative adjustments to the minimum yard setbacks for first floor additions to existing residential structures may be allowed: Front and side yard, 2 %reduction Rear yard, 5%reduction These setback reduction provisions shall not supersede any setbacks that are recorded on a plat. administrative adjustment may be granted ° for anyfirst floor addition followsing the building line of a legally nonconforming single-family structure, or a building line previously approved by a variance. c. See Chapter2, Article 11, Section 4. . for the administrative adjustment process. 5. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures e regulated accordance with Chapter 3,Article V, Supplemental Regulations, 6. Review Approval cess. . Single-family and duplex dwellings and accessoryuses thereto shall be allowed upon application to and approval by e Building Officialfor structures that require a buildingpermit pursuant to Chapter 2, Article IV, Section 2. b. Community and common , such as recreational as, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approvalin accordance with Chapter 2,Article II, Section 2.F.prior to application for building permit. 7. Parking. Requiredoff-street p is regulated accordance with t cle V, Minimum Off-Street Parking Requirements. B. R-1-AA Single-family Residential District. 1. General. The purpose of the R-I-AA zoning district is to implement low density I residential L ) future land use map (FLU classification of the Comprehensive Plan. The intent of this conventional district is to promote the suburban character of the city by preserving co single-family dwells s and structures at a sities no greater than five and one-half(5.5)dwelling units per re, and allowinglimited es of non-residential uses. . Us s}Allowed. See "Use Matrix Table - " in Chapter 3,Article IV, Section . . Building and Site Regulations(Table 3-6). The following lot and building requirements shall be observed- BUILDING/SITE ibs eylS. -I-AA District Mnimum lot area: 8,000 s. l Mnimum lot frontage: 75 feet Em7nimumyard setbacks: Page 387 of 600 Front- F-25fect Rear: 20 feet Special rear yard setback reduction for single-story buildir Abutting- 1-95 or railroad tracks- 50% Abutting. Intracoastal: 50% additieas-.` Abutting. Lakes: 50% Abutting: Golf Course: 50% Abuttin& Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that auto than 50% residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 10 feet, Comer side. 25 feet3 Minimum living area. 1,600 s.f Maximum lot coverage: 45% Maximum structure height: 30 feet In areas developed and/or platted prior to June 13, 1975,the minimum lot area shall be seven thousand,five hundred(7,500) square feet and the minimum side yard shall be seven and one-half(7-1/2)feet. I These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 3 On comer lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback.However,where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a comer lot,nor yard setback shall be required,only side yard setbacks shall be imposed. R-I-Aph % "00 A 2 x/ 7 gatt"., r5 r fftlimun)Lat Area 8,000 sqft, Max Lvt CowwW 45% M .,, 4. Administrative Adjustments. 9 Page 388 of 600 a. For lots platted prior to August 19, 2008,the following administrative adjustments to the minimum yard setbacks for first floor additions to existing residential structures may be allowed: Front and side yard. 20%reduction* * Side yard reduction shall only be eligible for lots platted on or after June 13, 1975 and prior to August 19, 2008. Rear yard, 25%reduction These setback reduction provisions shall not supersede any setbacks that are recorded on a plat. administrative adjustment may be granted if any first floor addition follows the building line of a legally nonconforming single-family structure, or a building line previously approved by a variance. c. See Chapter 2,Article H, Section 4.A. for the administrative adjustment process. 5. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 6. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building pernilt pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas,landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article IL Section 21.prior to application for building permit. 7. Parking. Required off-street parldng is regulated in accordance with Chapter 4,Article V, Minimum Off-Street Parking Requirements. C. R-1-A Single-family Residential District. 1. GeneraL The purpose of the R-I-A zoning district is to implement the ffhAemtL-low density residential(LDRMoDR) future land use map (FLUM) classification of the Comprehensive—Plan. The intent of this conventional district is to promote the suburban character of the city by preserving and encouraging single-family dwellings and structures at densities no greater than six(6) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. 3. Building and Site Regulations(Table 3-7). The following lot and building rments shall be observed: BUELDING/SITE REGULATIONS -1- istrict Nfinimum lot area: 7,500 s.f. Mnimum lot frontage: 60 feet Tffinimum yard setback Front. 25 feet Rear: 20 feet Special rear yard setback reduction for single-story buildin&. Abutting: 1-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 R 33% Abutting: Perimeter walls of community that abut other than residential: 10 Page 389 of 600 Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet' Minimum living area: 1,400 s.f Maximum lot coverage: 45% Maximum structure height: 30 feet These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. On comer lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However, where orientation of adjacent lots on both street frontages provides typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a comer lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. R-1-A AV _J d ................ IJ 7 Kpx,LO 0nvwsnV,,45% ftn,LhM Ares 4,400 cq,tt, 4. Administrative Adjustments. a. For lots platted prior to August 19, 2008,the following administrative adjustments to the minimum yard setbacks for first floor additions to existing residential structures may be allowed: Front and side yard: 20%reduction Rear yard, 25%reduction These setback reduction provisions shall not supersede any setbacks that are recorded on a plat. administrative adjustment may be granted if any first floor addition follows the building line of a legally nonconforming single-family structure,or a building line previously approved by a variance. c. See Chapter 2,Article II, Section 4.A. for the administrative adjustment process. 5. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3,Article V, Supplemental Regulations. 6. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas,landscape buffers and tracts, and project signage may be subject to site plan review. 11 Page 390 of 600 c. Non-residential uses shall require site plan approval in accordance with Chapter 2,Article IL Section 2.F. or to application for building permit. 7. Parking. Required off-street parking is regulated in accordance with Chapter 4,Article V, Minimum Off-Street Parking Requirements. D. R-1 Single-family Residential District. 1® General. The purp9se of the R-1 zoning district is to implement the medeffAe-low density residential (LDRMeDR) future is use map (FLUM)classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half(7.5) dwelling its per acre, and allowing limited types of non-residential uses. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations(Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: 6,000 s.f Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story buildine. additions--.' Abutting: 1-95 or railroad tracks, 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feee Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30- feet These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. On comer lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the comer lot shall provide for front yard setbacks along both stivets. When two(2)front yard setbacks are provided for on a comer lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 12 Page 391 of 600 s S .011W � t . Administrative Adjustments. a. For lots platted prior to August 1 ,2008, the following administrative adjustments to the minimum yard setbacks for first floor additions to existing residential structures may be allowed,- Front owFront d side yard. %reduction Rear a 25%reduction These setback reduction provisions shall not supersede any setbacks at are recorded on a plat. administrative adjus t may be granted if any first floor addition follows the building line o a legally nonconforming single-family structure, or a building line previously approved y a variance. e. See Chapter 2,Axticle II, Section 4.A. for the administrative adjustment process. 5. Accessory Structures. ls, fences,pools, sheds, screen-roof enclosures, and other structures e regulated in ccor ce with Chapter 3,Article V, Supplemental Regulations. 6. Review and Approvalcess. . Single-family and duplex dwellings and accessoryuses thereto shall be allowed upon application approvaland y the Building Officialfor structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common e , such as recreational es, landscape b tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 7. Parking. Required off-street ' g is regulated in cor ce with Chapter 4,Article V,Minimum Off-Street Parking Requirements. E. -2 Single and Two-family Residential District. 1. General. The purpose of the -2 zoning district is to implement a medium density residential (MeDR) future land use map (FLUM)classification of the Comprehensive Plan. The intent of this conventional is `ct is to stabilize and protect existing residential ei boroods with densities no greater than ten(1 )dwelling units per acre, and allowing limited types of non-residential es. . Use(s)Allowed. See"Use Matrix Table 3-2 " in Chapter ,Article IV, Section 3. . 3. Building and Site Regulations(Table - ). Existingand/or planned single-family homes shall conform to the -1 district requirements;however, for duplex homes, the following lot and building requirements shall be observed: 1 Page 392 of 600 BUILDING/SITE REGULATIONS R-2 District Minimum lot L!aare unit): t1 s. .' s.f.' ,e Minimum lot frontage: 75 feet Minimum yard setbacks: Front-, 25 feet Rear: EEEE25 feet' interior side: 10 feet Comer side: 25 fc&29' Minimum living area: 750 s.f Maximum lot coverage: 40% L Maximum structure height: Ed 25 f Single-family dwellings shall be constructed on lots that are no less than six thousand(6,000)square feet. 2 p, I "A "!r K U!442`141�Nv 4'&L 64L a See Section 8 r a ns _ g 2_ 111i��................................................................ On comer lots,the side setback 4acent to the street shall be not less than one-half(1/2)the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a comer lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. W4-V7-&ec4 L�fseantH,+-,4 f H4attitd R-2 R, ell, 25 zz M0,�vft%�Arr.'a,-'e"50 q ft.Pat wal 4. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are 14 Page 393 of 600 ■ If ml, WIN m Allowl"C's J, 14M, a.............. .................................... .............. ........................................... ............ ................................................. ........ ............................ ..... ..... ............................... ................................... ...... .......... .................... M.............. ............................. ........... .................................. ................................... .................. ........ ............................ Wo ...... ................................................................. Minimum to area: 20,000 s.f Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: NW 750 sq. ft-_per unit Maximum lot coverage: 40% Maximum structure height: 45 f Not 4 �d4-Z�ur�(4)�,- -i&s, N R 3 W, 14 Z' "A IV, -J, _X" Haw I at Cowwo9ft 40% Hk�,Ln*-sg Arm 750 zq,ft,M`wk 4. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3,Article V, Supplemental Regulations. 5. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas,landscape buffers and tracts, and project signage maybe subject to site plan review. In these instances, site plan approval shall be required prior to application for building permit. c. Multiple-family dwellings and non-residential uses shall require site plan approval in accordance with Chapter 2,Article 11, Section 2.17.prior to application for building permit. 6. Parking. Required off-street parking is regulated in accordance with Chapter 4,Article V, Minimum Off-Street Parking Requirements. 16 Page 395 of 600 G. R-4 Multiily Residential District. I General. The purpose of the R-4 zoning district is to implement the High Density Residential(l-LDR) future land use map classification of the Comprehensive Plan. The intent of this conventional district is to provide for higher residential densities that support infill development opportunities.At the allowed maximum density of fifteen Ll 5Ldwelling units per acre, intended development can provide a graduated transition to densities and intensities of mixed use redevelopment projects in a compact form. Although this district is not a planned zoning district, development attributes should similarly emphasize design that is sensitive to its context within the urban redevelopment area, including interconnectivity and pedestrian accommodations, sustainable and/or smart growth building and landscaping design,building placement and orientation of project tothe local street network and on-street parking. 2. Cas s)Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. 3® Building and Site Regulations(Table 3-10). a. Existing and/or future single-family dwellings all conform to the building and site regulations of the R-1 district(see Table 3-8 in Section 2.D.3. above). b. Duplex dwellings all conform tote building and site regulations of the R-2 district(see Table 3- 9 in Section 2.E.3. above). c. Multiple-family and group homes shall conform to the lot and building,requirements of that portion of Table 3-10 below pertaining to "residential uses". d. All uses, excluding single-family, duplex, multi-family, and group homes, shall conform to the lot and building Leguiremants 2Lthat Rortion of Table 3-4-9-11 below arta` to "non-reside al uses". BUILDING/SITE REGULXrIONS R-4 District (Residential Uses) Minimum lot area(per unit): 4,000 sX Minimum lot frontage: 100 feet ® yard setbacks: Front. 40 feet Rear: Interior side: 20 feet Comer side: 40 feet Minimum living area: 650 s.f Maximum lot coverage: 50% Maximum structure height: 45 feet (Non-Residential Uses) Minimum lot area: 7-20,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: cont: 40 feet Rear: 40 feet Interior side. 20 feet Comer side: 40 feet Minimum living area: WA 650 sq.ft.per unit Maximum of coverage: 40% Maxftffluu=F400F_Arc�� NA Maximum structure height: 45 feet 17 Page 396 of 600 . Accessory Structures. Is, fences,pools, sheds, screen-roof enclosures, and other structures e regulated co ce with t icle V, Supplemental Regulations. 5. Review and Approval Process. . Single-family lex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Officialfor structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common e , such recreational areas, landscape a acts, and project signage may be subject to site plan review. In these instances, site plan approvalshall be requiredprior to application for building permit. c. Multiple-family dwell` s and non-residential uses shall require site plan approvalin accordance with Chapter 2,Article II, Section 2.F.prior to application for building permit. . Parking. Requiredoff-street n is regulated co ce with Chapter 4. Article V. Nhnimurn Off-Street Parking Requirements. H. IPUD Infill Planned Unit Development District. 1. General. a. Purpose and Intent. The purpose of the IPUD zoningdistrict is to implement e special density residential(SHDR) future land use map ( ) classification of the Comprehensive Plan.—This district is intended for infill purposes,promoting new development and redevelopment w4k;„ th east of Interstate 95 at densities no greater than twenty ( )dwelling units per acre. This district is also intended to promote water access and recreational opportunities wi c o do of uses, including e-o ' t war dependent uses,in both mixeduse developments and limited single-use projects, The IPUD district incl es design standards that exceed the standards of the basic development standards in terms of site design, building architecture construction trils, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces,parking lot and circulation design, and setbacks,will be dependent on how well the proposed project otherwise exceeds e other applicable standards. The IPLJD shall minimize adverse impacts on surrounding property. The city is notobligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate fora particular location in terms of land use compatibilities. The city require, as a condition of approval.,any limitation, condition, or designfactor at will provide a reasonable transition to adjacent development. In order to be approved, project must be compatible with and preserve the character of adjacent residential ei or oo s. Factors to consider in determining compatibility may include,but not necessarily e limited to,proposed use,massing, and layout. Further, it must be an enhancement to the local the city r rojec t fail to do so will be denied. Each roject is independent will be evaluatedsolely on its own merits. The inclusion of certain features in revio ly approved IPUD project will not automatically be entertained as a valid for e ` elusion of that same feature iy other IPUD project if the city determines to reject those features. b. Prerequisite Location Standards. The IPUD district ` creates an opportunity of susUdnability with sect to land use, energy conservation,_.4ndresource management., ezoning to the IPUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment c t , community areas,or have sustained of aFe eempheatedbeen iLppacted by environmental contamination, In reaching recommen ationd decision as to zoning land to IPUD,the Advisory Board and City Commission shall apply the following location standards, in ition to the standards applicable to the rezoning of land generally: ( ) Any IPLTD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional lssifictin of Roadways"map in e city o re sive Plan; ( ) Any non-residential component must front on the arterial roadway or on an access road wholly 18 Page 397 of 600 contained within the project with neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. 2. Use(s)Allowed. See Chapter 3,Article IV, Section 3.C. for specific regulations pertaining to the IPUD district and Chapter 3,Article IV, Section 3.D. ("Use Matrix Table 3-28")for a list of allowable uses. 3. Building Site Regulations(fable 3-14-2). The following building/site regulations apply tot e entire IPUD development. BUILDING/SITE A°" District- Minimum project are rMone Maximum project re Less than.5 acres Minimumlotro c e Flexibles Minimum perimeter yard setbacks: Front- Flexible Rear: Flexibles Interior side: Flexible2 Comer er si e: Flexible' Maximum t coverage: % Nfinimum usable space r dwelling unit): 200 NUare feet MwAffmff r A Fe sW L Maximum structure height: 45 feet4l Individual lots within an IPUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. 1-?,' ° _ c ;,t= .:,e s, ,,r F P s t to Chapter 3,Article 1V,Section 3.13.,a marina use shall require a minimum lot frontage of one hundred fifty(150)feet and a minimum average width of two hundred(200)feeL 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family residential zoning,the required perimeter building setbacks of the IPLID shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30)feet. If vegetation,screening,or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses,the city may grant some relief from the aforementioned requirement. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. Project design along abutting way(s),including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. -a--'= •' 'm...i-'"czl�-zi-a-x.- -t�-.t�i -&"i"�- ..�. ag�-� =x`$Tffr3�". - .�."a"§�:�'t4tC�$ � �-',�res:g�eJM.::.t'�.1 7f'v�'3-�- '.'L'�qe �'.'�'-�'rse��P.�..ar idei i l l aid- aeg q-� 4ve-P� A lesser building height maybe required for compatibility with adjacent development. See Note#2 above for additional setback requirements relative to building height. 4. Review and Approval Process. a. All development and redevelopment i e IPUD district shall be governed by a master1 with approval t y the City Commission in accordance with Chapter 2,Article Il, Section 2.D.6. b. Site plan approvalshall be required accordance with Chapter 2,Article II, Section 2. . prior to application for building permit. 5. Parking. Requiredoff-street parking is regulated accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modificationproposed within the IPUD shall be in conformance with Master 1 modifications pursuant to Chapter 2, Article II, Section 2.D.6. 7. Miscellaneous. 1 Page 398 of 600 . See Chapter 4, Article II, Section 4.B.5 for additional standards pertaining to the required landscaping on rights-of-way. b. See Chapter , ArticleSection 4. for community designstandards regarding required site design in instances where the subject j t is adjacent to single-family residential zoning s 'cts. c. See Chapter 4,Article VEII, Section 3.C. . .(2) for additional standards pertaining to the minimum width of rights-of-way and vehicular circulation. d. If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deedrestriction requiring t any marina or dockage builtd will not exceed i a boundaries of the project's actual fi-ontage on the water,regardless of what any other governing or permitting entity may low or permit. . Exterior fighting of the exterior,parldng areas and watercraftdocking facilities of the planned development shall be of the lowest height, intensity, use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. f" The physical attributes of the site shall be respected with c concern for preservation o natural features,tree growth, space. g. Special is shall be placedon trash collection points. . Trash containers or dumpsters must be screened designed such that they are not visible or disruptive to adjacent properties, streets, and rights-of-way while still being conveniently accessible to their users and collectors. I. PUD Planned Unit Development District. 1. General. a. Purpose and Intent. The purpose of the PUD zoningdistrict is to implement of the residential future land use (FLUM)classifications of the Comprehensive 1 . The intent of this planned district is to promote efficient naa a ,nn,M:, land use, improved ties, appropriate and harmonious physical development, creative design, improved living e t, orderly as aee�nr development ' e city, and e protection of adjacent a a emsting and4ww-e-city development. The district is suitable for development,redevelopment conservation of land,water and other resources of the city, Regulations for planned t developments are intended to accomplish e purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they are intendedto control development on a lot-by-lot basis. In view of the substantial u lic advantages of plannedt development, it is the intent of PUD regulations to promote and encourage development in s form where tracts suitable in size, location, and character for the uses and structures ro o a to be planned and developed unified and coordinated units. Densities of such developments shall correspond with the respective FLUM classification. b. Prerequisite Liocation Standards. The PUD districtcreates an opportunity o promote sustainability with respect to land use, energy Bose tion,and resource et®, Rezoning to the PUDdistrict is encouraged for proposed development or redevelopment on lands that are in close proximity to existing c e,public and alternative transportation routes and odes, employment centers, community areas, or have sustained or are complicated by environmental contamination. In reaching recommendations and decisions as to zoning land to PUD,the advisory board(s) and City Co fission shall apply the following location standards, " a,d 'tion to the standards applicable to the rezoning of land generally. (1) Major Transportation Facility. A PUD e r , .•tech t„ . ` 4„ f, ..�Y xos PUD shall have a direct access to a major roadway or a transportation facility so as not to create or =eiicrate traffic alon streets in residential �r districts outside it. (2) Public Facilities and Services. A PUD shall be located in relation to sanitary sewers,water lines, storm and surface drainages to s, and other utilities systems and installations so that neither extension nor enlargement of such systems will be required , form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development I 2 Page 399 of 600 in forms permitted under existing zoning ia area. Such 's shall be so located with respect to necessary public facilities (e. ., schools,parks, playgrounds) as to have access to those facilities in e same degree as under existing zoning, shall be so located, designed d scaled so that access for public services is equivalent to, and net cost for the services under existing zoning. ( ) Topography. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probabilityof flooding, erosion, or other dangers, annoyances, or inconveniences. Con 'tion of the soil, groundwater level, drainage, and topography shall all be appropriate o d and patternof useintended, (4) Access. Every dwellingunit, or other use permitted in the PUD, shall have access to a public street cty or via an approved vate road,pedestrian way, court, or other area dedicated to public o private use, or common element guaranteeingaccess. Permitted uses shall not be required to fronto a dedicated public ( ) Utilities. Direct residential or consumer service should e by underground installationto the maximumextent practicable; however,primary service to a general geographic area may be served with overhead installation, Appurtenances to these systems which require above ground installation shall be effectively scre , and,thereby,may be exempted o s requirement. Primary facilities providing service to the site of the PUD may be exempted. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article TV, Section 3. . The PLID district allows principal accessory uses and structures sst ly related tot e character of the development itself and the surrounding ea of which it is a part. . Building and Site Regulations( ale 3-1-22). The following building/site regulations apply to the entire PUD elsment. BUILDING/SITE PUD District Minimum projectarea: 5 acres Minimum t area. Flexiblel Minimum t exi lei Minimum perimeter yard setbacks: Front: FlexiblO Rear: lexi 1 Interior side: Flexible2 Comer side. l xi lee Maximum lot coverage: / Minimum sa e open ace(per dwelling,ul 200 souare feet structureMaximum t• 45 feee r Individual lots within a PUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. To be deten-nined on a case by case basis,depending on the overall project design. The urn required perimeter building setbacks of a PUD arc flexible except where adjacent to single-family residential zoning. Where adjacent to single-family residential zoning,the required eri et r building setbacks of the PUD shall resemble e setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot ofbuilding height in excess of thirty(3 ) feet. Project design along abutting roadway(s),including t s,shall be based on existing development patterns or applicable recommendation fro the respective development plass. 4. Review Approval Process. a® All development and redevelopment within the IPUD district shall be governed by a master plan with v ted by the City Commission in accordance i a ter 2, Article II, Section . b. Site plan approval shall be required in accordance with Chapter 2,Article 111, Section .prior to 1 Page 400 of 600 application for building permit. 5. Parking. Requiredoff-street is regulated accordance it Chapter 4,Article V,Minimum Off-Street Parking Requirements. 6. Modifications. Ay modification proposedi n the PUD shall be ' conformance with Master Plan modifications o Chapter 2,Article IL Section 2.D.6. 7. Miscellaneous. The boundaries of land zonedto PUD classification sall be indicated on the official zoning i e symbol "PUD." The PUD district contains additionalrelative to building designa ' i i adjacent single-family residential o ' Refer to Chapter 4,Article III, Section 3.J. for these additional development standards. J. MHPD Mobile lcanned Development District. 1. General. a. Purpose and Intent. The purpose of the MHPD zoning s c is to implement the low density residential( ) land use map( )classifications of e Comprehensive Plan. The intent of this planned district is to provide efficient ativdesign approaches o community planning, and to accommodate the housing needs of those residents who prefer mobile home living or desire a more affordable se4Aieff-alternativc to conventional ell' s. Densities- The MHPD district ` rates an opportunity o promote sustainability with sect o land use, energy conservationT_and resource managementL-,qind-seetal-equAy.- Rezoning to the M1lPD district is encouraged for proposed developmentor redevelopmenton s that are in close proximiV to existing inftastracture,public and alternative transportation routes and modes, employment centers, co aretat are away fiom high hazard areas. b. Existing eveo e ts. For those mobile home parks in existence prio to the adoption of these Regulations, or annexed to the city s to the adoption of these Regulations,the site regulations under whichk was developedcontinue in orce. General maintenance and minor modifications to existing rove is shall be allowed, if such maintenance and improvements o not worsen the extent of nonconfortnity. Shouldexcess of seventy-five percent(75%),redevelopment shall require submittal of a site plan for review rocss` a major site plan modification,to indicate how redevelopment will provide maximum compliance with developmentla ° s,with particularemphasis on perimeter setbacks and buffering, and internalroadway design and access for service and emergency vehicles. . U*s) Allowed. S "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3. . . Buil"n and Site e lations Ta le -14: ). M11PD District Minimum r ect area: 10 acres Minimum lot size: 4,200 s. Mnimum perimeter setbacks; 25 feet Special perimeter setback reduction for principal and accessory structures Abutting: 1-95 or railroad tracks: 50% Abutting- Intracoastal-, 50% Abutting- Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting, Perimeter walls of community at abut other than 50,0 residential- 22 esit tial:22 Page 401 of 600 Abutting: Commercial or Industrial 50% Abutting. u:blic or private park- 0% Nfinimum yard setbacks (per t): Front: 20 feet Rear- 10 feet Interior side- 5 feet Comer side: 10 feet Maximum t cover N/ Maximum struaure height: 30 feet 25'Him periamew set * Min.PMOO AM 10 aolft J {` r 0 10 .Lo , La P40 ' f , F ,t 6J9i !' ++�' 1 ( E .., 1�1 4 1 20 . Accessory Structures. . Structures o a permanent nature shall not be added or attached to a mobile home,unless such mobile home is placed upon a site conforming to the minimum requirements fora mobile home. b. The combined ea of all additions or attachments shall not exceed the gross area of the mobile home itself. Carports are not included in e above limitation provided that the width of the individual lot is adequate for separation requirements. 5. Review and Approvalcess. . All development and redevelopment within the IPU-D-MHPD district shall be governed by a master plan withapproval granted by the City Commission accordance with Chapter 2,Article II, Section 2.D.6. . Site plan approval shall be required in accordance wi Chapter 2,Article 111, Section 2. . prior to application for building pe t. 6. Parking. Required off-street parking is regulated in accordance with Chapter ,Article V, Minimum Off-Street Parking Requirements. 7. Modifications. yo 'fic do proposed i n the MlfPD shall be in conformance with Master Plan t to Chapter 2,Article II, Section .6. 8. Miscellaneous. . No part of any mobile home,or any addition or appurtenances thereto shall be located i ten (10) feet of any accessory or service building or structure used in connection i a mobile home park. b. Additional et buffering landscape material may be required as recommended by the Director of Planningo to ensure compatibility with adjacent properties. (Ord. 10-025,passed 12-7-1 rd. 1 -010,passed 6-19-12; Am. Ord. 1 -016,passed 10-2-12; Am. 16-024,passed 1- -17; Am Ord. 17-023,passed -1 -17) 2 Page 402 of 600 c®3. Commercials `c . Office and Professional Commercial District. 1. General, The purpose oft e -1 zoning district is to implement the office commercial(OC)future land use map(FLUM) classification of the Comprehensive Plan. The intent o s conventional district is to provide appropriate s ac for office and professionaluses,while also serving as s transitional area between residential and higher intensity commercial areas. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. JI 3. Building and Site Regulations( ale 3-154). No building or portion thereofshall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the followin re a tions: BUILDINGISITE C-1 District(Overlay regulations may apply. See Section 8 beloMinimum lot area: 9,000 w.} s.f. Mnimum,lot frontage: 75 feet Minimum lot depth: 120 feet Minimum yard setbacks: Front- 30 feet Rear: 20 feet Abutting: Residential district(s) 30 feet Interior side: IO feet Abutting: Residential district(s) 30 feet Comer side: 10 feet IAbutting Maximum coverage: % Maximum Floor Area Ratio(FAR) 0.4' Maximum structure height: ail fe or hospitals only) 45 feet ' A floor area ratio(FAR)up to 0.40 may be considered for office commercial and related uses allowed within the C-1 district (see"Use Matrix"—Chapter 3,Article IV,Section 3.D.),pursuant to the office commercial future land use classification of the Comprehensive Plan. 2 Buildings designed with under-story parldrig shall be allowed a maximum building height of thirty-five(35)feet but only with conditional use approval. 4. Review and ApprovalProcess. Pursuant to Chapter icle II, Section 2.F., site plan approval shall be required for the construction or modification of a non-residential building, s c e, or improvement, including y area allocated to an accessory residential t. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4,Article V, Nlinimum Off-Street Parking Requirements. B. C-2 Neighborhood Commercial District. 1. General. The purpose of the C-2 zoning °s °ct is to implement e local retail commercial(LRC) future land use map(FLUM)classification of the Comprehensive Plan. The intent of this conventional district is to allow low-intensity commercial uses of a retail convenience that are intended to serve and which e in close proximity to individual residential ei borhoods. Generally, a desired locations of these commercial areas would be at the periphery of one(1)or more neighborhoods along roadway classifications that are able to support the additional traffic. . se(s)Allowed. See"Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-4-516). No building or portion thereof shall be erected, 4 Page 403 of 600 constructed,converted, established, alterod, enlarged or used unless the premises and buildings shall comply with the folio 2&re lations: BUELDING/SITE RE,GULATIONS C-2 District_LOverlav regulations may apply. See Section 8 below, Minimum lot area: 5,000 s.f Minimum lot frontage: 50f Minimum lot depth.- 100 feet Minimum yard setbacks: ront, 30 feet-a4 Rear-, 20 feet Abutting: Residential district(s) 30 feet Interior side: 15 feeti-,-2 Abutting, Residential district(s) 30 fe& L Comer side: 20 feet Maximum lot coverage: 40% Maximum Floor Area Ratio(FAR) 0.5031 Maximum structure height: 25 fece +* 01-1 sig A floor area ratio(FAR)up to 0.50 may be considered for local retail commercial uses allowed within the C-2 district(see"Use Matrix"-Chapter 3,Article IV, Section 3.D.),pursuant to the local retail commercial future land use classification of the Comprehensive Plan. 4. Review and Approval Process. Pursuant to Chapter 2,Article H, Section 2.F., site plan approval shall be required for the construction or modification of a non-residential building, structure,or improvement, including any area allocated to an accessory residential unit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. C. C-3 Community Commercial District. 1. General. a. Purpose and Intent. The purpose of the C-3 zoning district is to implement the local retail commercial(LRC)future land use map(FLUM) classification of the Comprehensive Plan. The intent oft °s conventional district is to encourage the development or use of property for appropriate intensive retail commercial uses providing for a wide range of goods and services, located on major thoroughfares. --The- C-3-dis eeo4anee-v��n-2-.F--. T bek b. Prerequisite Location Standard. ln•reaching recommendations and decisions as to zoning land to C-3, the advisory board and City Commission shall apply the following location standards, in addition, to the standards applicable to the rezoning of land generally: (1) Centrally and accommodating multiple neighborhoods; and (2) Abutting to at least one(1) arterial roadway. 25 Page 404 of 600 2® Uso(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations(Table 3-167). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the to re ations: BUIELDING/SrrE REGULATIONS C-3 Distri Minimum lot area: 15,000 s.f. imum lot frontage: 75 feet ® yard setbacks: Front: 20 feet' Rear: 20 fee?-'L Abutting. Residential district(s) 30 feet Interior side: 0 feet: �2 Abutting: Residential district(s) 30 feet Comer side: 20 feee Maximum lot coverage: 40% Maximum Floor Area Ratio(FAR) 0.5V Maximum structure height: 45 feet Where rear yard access is available from a public street or alley,rear and may be decreased by one-half(1/2)the width of such street or alley,but in no case shaft a rear yard be less than ten(10)feet. ' Where rear access is not available from a public street or alley,aside yard of not less than fifteen(15)feet shall be provided on one(1)side. I A floor area ratio(FAR)up to 0.50 may be considered for local retail commercial uses allowed within the C-3 district(see"Use Matrix"—Chapter 3,Article IV,Section 3.D.),pursuant to the local retail commercial future land use classification of the Comprehensive Plan. `-- -e -i a S WV -5.4 Parking. Required off-street parking is regulated in accordance with Chapter 4,Article V, mum Off-Street Parking Requirements. 6-5. Exterior Storage of Merchandise and Equipment. See Chapter 3,Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. DC-4 General Commercial District. 1. General. The purpose of the C-4 zoning district is to implement the general commercial (GC) future land use map (FLU M)classification of the Comprehensive Plan. The intent of this conventional district is to accommodate service and intensive commercial establishments and limited light industrial uses, and to serve as a transitional area between lighter commercial areas and general industrial uses or operations. 26 Page 405 of 600 2. Us s)Allowed. See"Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations(Table 3-17D. No building or portion thereof shall be erected, constructed,converted, established, altered, enlarged or used unless the premises and buildings shall comply with the fo ow g re ations: ..................................................... BIJILDING/SITE REGULATIONS C -4 C_4 ict Perla re �laticrs a I . See Section below. Nnj Enimum lot area: 5,000 s.f. n.ni Mnimum lot frontage: 50 feet ............ Afinimum lot depth: 100 feet .......... Mnimum yard setbacks: ............. Front. 25 fee&2 Rear: 20 fece-1 Abutting: Residential district(s) 30 feet Interior side: 15 feet'--114 Abutting: Residential district(s) 30 feet Comer side: 15 feet'72 Maximum lot coverage- 40% ----------- Maximum Floor Area Ratio(FAR) 0.5 V-" .......................... Maximum structure hei t: 45 feet' Zent St",�04a+44 4r4ow, Where rear property line abuts a public street or alley,rear yard setback maybe reduced tot (10)feet and no side yard shall be required,except on corner lots or where abutting single-family uses. �2 A floor area ratio(FAR)up to 0.50 maybe considered for general commercial uses allowed within the C-4 district(see"Use Matrix"–Chapter 3,Article IV,Section 3.),pursuant to the general commercial future land use classification of the Comprehensive Plan. -54. Parking. Required off-street parking is regulated in accordance with Chapter 4,Article V, Minimum Off-Street Parking Requirements. 6. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. E. CBD Central Businegs District. 1. General. The pw-,j-.)ose-(44he-CBD zoning district was established with the intent to serve the entire ppI2 nities, and maximize_l sl Le his djstrict is pl nlial of the wal rfront, I" may. 44&-(Wi=n jm4i&evf,— Plffilz- (.4ff 'j-eo�WL-H-tq -.14e is-4&p- al ;Rsl 't avi& -, 411Y g&ll :r_I+T Of4ee, disIT4et4-considered the predecessor to the high density urban mixed use zoning districts,,and will eventunfly 27 Page 406 of 600 be supplanted by them. PFOVido bH6HeSS-,-FeC+, 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations(Table 3-1-99). No building or portion thereof shall be erected, constructed,converted, established, altered, enlarged,or used unless the premises and buildings shall comply with the follow re ations: BUILDING/SITE REGULATIONS CBD District Minimum lot area: 15,000 s.f, Minimum lot frontage: 75 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 0 feet Rear: 20 feet' Interior side: 0 feet Comer side: 8 feet2 Waterfront yard(from navigable water): 8 feet' Minimum living area: 750 s.f Maximum lot coverage: 751® Parking garages-, 85% N�A Maximum structure height: 45 feet:4 Where rear property line abuts a public street or alley,rear yard setback may be reduced to eight(8)feet at first floor level,in which case,no setback shall be required at all other floor levels. Eight(8)feet is require at first floor level. No setback shall be required at all other floor levels. Waterfront setbacks shall be measured from the property where the body of water is and different ownership than the subject property line;however,setbacks are measured fi-om the mean high water line if the body of water is under the same ownership as the subj ect property. 4 F_9-Y five 1,45N not I--exeeed foui:141 Aer-cs. The maximum building height shall be forty-five(45)feet,except for buildings which contain a mix of uses(residential in combination with non-residential uses). In these instances,the maximum building height may be increased to one hundred(100)feet,but contingent upon conditional use approval. Mechanical equipment which exclusively serves the structure shall not be included in the calculations of height. 4. Review and Approval Process. All development and redevelopment shall require site plan approval in accordance with Chapter 2, Article 11, Section 2.F.prior to application for building permit. 5. Parking. a. General Requirements. Required ®s parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirement& b. Specific for CBD District. As required by Chapter 4,Article V, Section 3.E. The CBD district contains additional standards relative to location and appearance of off-street parking facilities. of to Chapter 4,Article Ill, Section 3. . for these additional development standards. 6. Miscellaneous. a. Building Location and Massing. See Chapter 4,Article 111, Section 3.1-1. for additional regulations pertaining to mixed use developments. b. Shade and Shelter. See Chapter 4,Article Ill, Section 3.H. for additional regulations pertaining to mixed use developments. 28 Page 407 of 600 F. PCD Planned Commercial 10 crit District. 1. General. a. Purpose and Intent. The puipose of the PCD zoning district is to implement e office commercial Q, local retail commercial (LRQ, and generalcommercial e land use map ( I, classifications of the Comprehensive Plan. Theintent of this planned district is to provide a place for commercial evelo is that will better satisfy nt demands for commercially zoned lands by encouraging evelo ent which will reflect changes in e concepts and the technology of land development and relate the development of land to the specific site,to conserve natural ties and to allow for the mitigation of negative impacts which result from land development, In addition, s district is considered the predecessor to the suburban mixed use( zoning district. P F all.Fesklential- b. Prerequisite Location Standards. The PCD district ��.® ... creates an opportunity to promote sustainability with respect to land use, energy cons °cin d,resourcemanagernent-,and- soeial-eq*ity, Rezoning to the PCD district is encouraged for proposed developmentor redevelopment on lands that are in close proximity to existing infras c e,public and alternative transportation routes and modes, employment centers, co u ' eas, or have sustained or are complicated y environmental contamination. In reaching recommendations decision as to zoning o PCD, tea o and City Commission s 1 apply the following location standards, in addition to the standards applicable e rezoning of land generally: (l) Along major roadways or other transportation facilities as to provide direct access without creating or generating an unacceptable level of traffic along streets in residential or districts outside it. (2) Extensions of publicly owned a° ta' utilities and storm sewers, etc. shall be constructed by e applicant at no expense tot e city and said utilities, etc. shall e deeded to the city clear of any encumbrances. ons ctio standards loy e installation of publicly maintained utilities and storm sewers shall be those promulgated by the Engineering Utility amended periodically. o ce n streets, consistent with the intent ofthese Regulations, any required roadway improvements s e constructed at the applicants ex se including e dedication of additional rights-of- way as noted in the fr�n _��a -mak %tionTran§p211ation Eelement of the Comprehensive Plan and the replacement of roadway capacity when applicable. (3) The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probabilityof flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage, and topography shall all be appropriate to both Idnd and patternof use intended. 2. Use(s)All)Allowed. See"Use Matrix Table -2 " in Chapter 3,Article IV, Section 3.D. . Building and Site Regulations able 34-9-_20 J. In addition to the design and construction criteria established other chapters or sections of the Boynton Beach Land Development Regulations, the following design criteria shall be applicable tot the zoning, esi construction of planned commercial evelo BUILDINGISITE REGULATIONS PCD District area:Nflnimurn lot 3 acree A&nimuni lot frontage: Flexible Mnimum perimeter yard e s Front: 40 feet Rear: Interior side: 30feet o er si e® 3 feet 29 Page 408 of 600 dmum lot coverage: 40%! ML aximum Floor Area Ratio(FAR) 0.5:�2 Maximum structure height: 45 feet The total and floor area of all buildings and accessory structures shall not exceed forty percent(40%)of the plot on which they are constructed. A floor area ratio(FAR)of to 0.50 may be considered for local retail commercial uses allowed in the PCD zoning district (see"Use Matrix"—Chapter 3,Article IV,Section 3.D.),pursuant to the to retail commercial fature land use classification of the Comprehensive Plan. 4. Review and Approval Process. a. All development and redevelopment within the PCD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2,Article II, Section 2.D.6. b. Site plan approval s be required in accordance with Chapter 2,Article H, Section 2.F, prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the PCD s be in conformance with Master Plan modifications pursuant to Chapter 2,Article 11, Section 2.D.6. 7. Miscellaneous. a. Perimeter Landscape Buffer. See Chapter 4,Article 11, Section 4.C.3. b. Off-street Loading. See Chapter 4,Article VI, Section 3.D. c. Platting. All planned commercial developments are subject to and shall be developed consistent with the requirements of Chapter 2,Article III, Section 2 and Chapter 4 of the Boynton each Land Development Regulations. d. Siteplan. All plans for lots or parcels proposed to be developed within planned commercial developments are subject to and shall be developed consistent with the requirements of Chapter 2, Article JI, Section 2.F., Land Development Regulations. e. Building Permit. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 2,Article IV, Section 2 of the Land Development Regulations are completed in every respect. (Ord. 10-025,passed 1 -7-10) See.4. SMU Mixed-Use Suburban District. A, General 1. Purpose and Intent. The purpose of the SMTJ zoning district is to implement the mixed use subufban- Low (MX9MXL -, and -development of regional impact(DRI) 4 _+U_ _s441ishe&future land use map(FLUM) classifications of the Comprehensive Plan. In order to guide the redevelopment and envisioned growth of the suburban area,the SMU zoning district requires a diversity of land uses, accommodating a mixture of residential,office, retail,recreational, and other miscellaneous uses. Ideally, the SMU district is intended to supplant the PCD district for new developments and projects to encourage the inclusion of residential uses and well-pla-rined.mixed use projects designed in accordance with smart growth principles and best planning practices. Densities of such developments shall eoffespeffd-w4df4he+espee4ve- FL4JM-etas� e ng_greater thari twenty(20) dwelling units per acre. This mix of uses may be arranged either vertically or horizontally within low-to-mid-rise developments. The review of SMU applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. The specific objectives of the SMU district are as follows: a. Support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area; 30 Page 409 of 600 b. Create major new mixed use areas in planned locations with appropriate densities,heights, and mixture of uses; c. Create attractive pedestrian environments through appropriate separation from and design of vehicular circulation areas; d. Provide public plazas and gathering places that are both well-desigried and integrated into the overall design of the development; e. Allow flexibility in architectural design and building bulk while maximizing compatibility and harmony with adjoining development-, ' f Create higher quality environments for residents,businesses, employees, and visitors; and g. Encourage innovative design that achieves vertical and horizontal integration of uses. 2. Prerequisite Location Standards. The SMU district is eptimum-when,he fe4screates an opportunity to promote sustainability with respect to land use, energy conservationands resource rnanagement-,-aft& seeial equivy—. Rezoning to the WUD-SMU district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The SMU district shall only be applicable to lands located west of 1-95 on assembled parcels along major arterials. eut e Ofthe B. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. C. Additional Use Regulotions. 1. Mixed Uses. Buildings containing residential and non-residential uses are required within the SN4U zonmg district and shall be subject to the development standards indicated in Section 4.D. below. Withthe exception of designated live/ or units,no residential uses are allowed on the ground floor of mixed use buildings fronting on arterial streets. The ground floor of mixed use buildings shall be reserved for non- residential uses. 2. Design. Mixed use projects containing residential components shall include appropriate design, materials, and site layout in or to maximize compatibility with residential uses located on upper floors. 3. Live-Work Units. The city contains special regulations regarding required parking and allowable signage for live/work units(see Chapter 4, Article V, Section 2 and Chapter 4, Article IV, Section 3.C.1 ., respectively). D. Building and Site Regulations. 1. Bui!d` �d ite e aeon( able 3- ................ SUBURBAN MIXED-USE(SMU) DISnUCT Typej of Uses ---------------- Building/Site Regulations Residential Single-Family Multi-Fainfly Offier Us rs(includes (Attached.or Detached) Mixed-Use) Density(dwelling units per acre) 20 20 N/A Project Area,Minimum: SMU district-10 acrane ----------------------- Lot Area per unit,Mhdmum(square feet): F1exiblel-0-2 Flexible L2 10,0002 of Frontage,Minimum(feet); Flexible4412 too 100 Living Area,Minimum A/C(square feet): 1,2001- 7504-' 75044 Floor Area Rado(FAR),Moximum: N/A N/A Structure Height,Minimum(feet): 35'' 35117 35` Structure,Height,Maximum(feet): 35 551144" 5Y'4--'� Build-to-line(f t): r-1W."i I OZ,1-4,454 10& 31 Page 410 of 600 Building Setbacks,Minimum(feet): Side; 15 comcr l0 10"A Rear: F°lexible�� 15€4 Flexi leka-1412 Usable Open Space,Minimum(smuire t): 3051V+ 'a,-1=an IctI L, - 2 01u 1 11 31. Porches maybe placed forward of the build-to line and shall maintain a minimum two(2)-foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is twenty(20)feet. Where less than twenty(20)feet,garage access required from side or rear. 42. Projecting feature(s)such as awnings,balconies,porches and/or stoops maybe placed forward of the build-to line and shall maintain a minimum two(2)-foot setback from any public sidewalk. 33. Front yard build-to line along major arterial roads,a maximum of ninety( )feet inclusive of a twenty-five(25)-foot landscape buffer,including a berm.: _ The height setback envelope in accordance with Section .D.3.below shall apply where adjacent to developed single-family residential zoning districts. �T5. One(1)or more projecting feature(s)such as awnings,balconies,colonnades,porchesand/or stoops required forward of the build-to line and shall maintain a minimum five(5)-foot clearance from any vehicle use area. Elements projecting over a pedestrian walkway shall allow a minimum nine(9)-foot vertical clearance and five(5)-foot horizontal pedestrian clearance. 96. cluding ; nt+& -.Paarki structures. 1�7. Applies to any fagade with arterial roadway frontage. Multiple-story buildings are encouraged along arterial roadways. The intent of this provision is to create the appearance,or simulate the intensity of,a minimum two(2)-story building. Conditional use approval required if less than the thirty-five(35)foot minimum. . Building heights between]fifty-five(55)feet and seventy-five(75)feet te4hc—�^�f of��*R:g Aeta4s=may be allowed only for interior buildings(those buildings separated from the property line by another project buil ` g or e),if approved as a conditional use. 44.9. Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies,streets, drives,parking areas,or structures other than recreational structures. 3210. At least fifty percent(50%)of the required usable open space for single-family residential uses shall be contained in one (1)or more common pooled areas and a rectangle inscribed within each common pooled area shall have no dimension less than seventy-five(75)feet. 44JIL Up to fifty percent(50%)of the usable open space required for"multi-family"and"other uses"maybe hardscaped plazas and public gathering places. 4-412. To be determined on a case by case basis,depending on the overall project esi . l_Ht t_w kn's:- `"ss f t-;-=- ^4�u.'.-�I.s„'} ;?€;. .� --,: iia,.€,-`s.€-. .- '., 'h:,;.1-He=y..,.,".keel".b.y �� Height Setback Envelope. Minimum building setbacks, shall be based on building heights. The height setback envelope is applicable where the SMU development is adjacent to a developed single- family residential zoning district. This minimum setback shall be three(3)times the building height for anymulti- family or non-residential structure. The setback shall be measured from the co on boundary of the SMIJ and the single-family residential zoning district or the midpoint of any intervening right-cif=way. 2 Page 411 of 600 p N+�Nx" w�1 ar�`a'phw ,6"",71 wiEah eN�l�etaekEE ��t 1"we @�= hwiStfie4U;g O�&41)'.ww�""VW"ii rid °tN 1'-IYs��!f;;�3tl0a@7E�S`Sd i'f4dNN.N'eSF 2 Y 1E �1 a Ott nh ij�fE r r i, `r 4`fsf46..r' fLrdi tt;� .� 41set 1° Nab 1 PA'A..ium nwwt!;YES-..dean" tNE?:E l?"W Lr9N`9hO'N r N+��N��nYttk=aE,�e�;tEaatav,f E. Review and Approval Process. 1. All development and redevelopment within the SMU district shall be governed by a master planwith approval ted by the City Commissionin accordance with Chapter 2, Article II, Section 2.D.6. 2. Site plan approval shall be required in accordance with Chapter 2,Article II, Section X. prior to application for building permit. F. Parking. Required off-street parking is regulated in accordance with Chapter 4,Article V,Minimum -Street Parking Requirements. See Chapter 4, Article 111, Section 6.17.4 for additional community design standards pertaining tooff-street . G. Modifications. Any modification proposed within e SMU district shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section. . . H. Miscellaneous. 1. CommonAreas. Prior to approval of the final plat by the City Commission,the developer shall file association documents or alternative agreements t assign responsibility for and ensure the perpetual operation ten ce of all common c° °ties of the development. The common facilities addressed within this agreement shall include but not be limited to the follow' private streets, drive aisles,parking es,plazas, open space, landscaping, recreation facilities. All documents are subject to the review of e City Attorney. . Landscaping. . Trees. See Chapter 4,Article 11, Section .A. . . . Irrigation. See Chapter 4,Article II, Section 4.A.6. c. Perimeter Buffer. See Chapter 4,Article II, Section . . . 3. Dumpster Location. See Chapter 4, Article VI, Section 5. . 4. Sidewalks. Chapter 4, Article VIII, Section 3.D. (Ord. 10-025,pass 12-7-1 rd. 1 -016,passed 1 -2-12) Sec. 5. Mixed-Use n)Districts. A. General. 1. Purpose and Intent. The urbanmixed-use zoning s °cts are ffie6t*intended to implement e CRA Community Redevelopment Pl s, by providing for a mixture of land uses, accommodating varying densities and intensities appropriate for each CRA district, and by establishing i streetscapes and pedestrian environments as part of a compact urban setting. The mixeduse districts also support transit ridership, in particularthrough higher density and intensitydevelopment within the designated Downtown Transit-Oriented evelop t District( ).Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the transit core,which is defined as e area extending one-quarter(114)mile from the train station. To ensure compliance with these Regulations, an application for site plan approval shall be required reviewed concurrently with y 33 Page 412 of 600 request to rezone lands to a mixed-use(urban) strict, except as provided in Section 2.D.Le.Also see Chapter 4,Article III, Section 6.&. for design and compatibility standards. The objectives of the mixed-use (urban) s °cts are as follows: . Support ce revitalization efforts in the city's traditional commercial core area throughe provision of compact,transit-supportive,high density and intensity develop t; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities,heights, and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas, expanded public sidewalks, internal external terco ecti °t ess of pedestrian-friendly vehicular circulation s; d. Allow flexibility in architectural design and buildingbulk while maximizing compatibility and harmony with adjoining development; e. Create surrounding areas that complement rather than compete with the downtown; d f. Create higher quality environments for residents,businesses, employees, and visitors as determined by how well the urban centers functionsearrilessly with respect to interconnectivity between the principal uses, activity centers, and transportations systems, forming a cohesive and desirable sense of place. 2. Description of Districts. . Mixed Use 1 (MU-1). The -1 district implements a Mixed Use Low L) future land use map(FLLM classification of the Comprehensive Plan and has a maximum residential density o (20) dwelling is per acre, except within e Downtown Transit-OrientedDevelopment District ) (the Station ea), where the maximum density be twenty-five(25)dwelling units per acre through participation in the City's Workforce Housing Program. In addition,projects located within the transit core o e Station Area shall have a minimum densityof eleven(11)dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. b. Mixed Use 2 (MU-2). The -2 district implements e Mixed Use Medium(MXM)future land use map(FLUM)classification of the Comprehensive Plan and has a maximum residential densityof 444y- forty43-0) dwelling units per acre, except within the Downtown Transit-Oriented Develop t District (DTODD)(the Station ea),where the maximum densityy be thiAy seve ��fift ( . dwelling units per acre through participation in e City!&Workforce Housing Program. In addition,projects located withinthe transit core of the Station Areashall have a minimum density o ( 0)dwelling units per acre.This minimum densityrequirement s 1 be applicable to any such project regardless of whether the site is partially or entirely locate a transit core. c. Mixed Use - ). The -3 district implements a Mixed Use Medium( ) future land use map(FLU classification of the Comprehensive Plan has a maximum residential density o fi ( � well' g is p re, exc t wit a owto r it- to evelo ent is 'ct ) (the Station re ),where the maximum densitybe 9 ("62.5) dwelling units per acre through participation in e orkfbrce Housing Program. In addition,projects located withinthe transit core of the Station Area shall have a minimumit of thirty O dwelling units per acre. This minimum densityrequirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. . Mixed Use-4( ). The MU-4 district implements the Mixed Use High(MX-H)future land use map(FLUM) classification of the Comprehensive Plan and has a maximum residential density of sixty(6 ) dwelling units per acre, except within e Downtown Transit-OrientedDevelopment District( )(the Station ea),where the maximum density may be seventy-five(75)dwelling units per acre through participation in the QWs Workforce Housing Program. In addition,projects located i a transit core of e Station Area shall have a minimum densityof thirty five( ) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located withinthe transit core. The intent of this new district is to facilitate the establishment of high density intensity evelop ent nodes at strategic locations t support downtownredevelopment, °le in certain location also providing a proper continuum o , or transition in scale between e Mixed Use Core (MU-C)and Mixed Use -3)Districts. I34 Page 413 of 600 . Mixed Use Core - ). The MU-C district implements e Mixed Use i ( �-G) future land use map (FLUM)classification of the Comprehensive Plan and has a maximum residential density of eighty( 0) dwelling unitsper acre, except the Downtown Transit-OrientedDevelopment District( ) (the Station ),where the maximum densitybe one hundred(10 ) dwelling units per acrethrough participation in the Workforce Housing Program. addition,projects located within e Station Area shall have a minimumdensity o (3 ) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whethere site is partially or entirely located within the transit core. The intent of this district is to supplant the Central Business District(CBD) in the historic downtown and marina. 3. Location and General Use Requirements. a. General. The mixed use(urban)districts are intended for projects that promote sustainable design with respect to land use, energy conservation,resource management, and social equity. Rezoningto any o these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing c e,public and alternativetransportation is and modes,employment c ters, community es, or have sustained or are complicated 1 contamination. The mixed use(urban)zoning s `cts shall be appliedto selected geographic areas east of 1-95,where + ' r ,...�,t®.,r®,.® Terri r mixtureo uses 1 intensities is intended to implement e �� •° , RA Community e evelo t PlanT and urban designguidelines including o s involving compact design, transit-orienteddevelopment, employment,population,transportation, os` lic facilities, and environmental quality. Permittedes and associatedstandards for development vary betweene zoning districts each reflecting e importance o a district's location and relationship to the downtown. Maximum heights, densities, and intensities of development are regulated to achieve, in part,the intended vision as f established within the CRA Co unity Redevelopment Plan for each of the six planningdistricts,while ensuring land use compatibility. A master plan as a whole, comprised of individual '1 ins and parcels, would e reviewed for compliance with e requirements tow pertaining to a residential component to the project, and commercialuse on the first floor of a project. . Mixed Use I (MU-1), Mixed tUuse 2 (MU-2), and Mixed Use 3 (W-3). (1) In order to complement the revitalization efforts in the downtown ea,theseMULzoning districts s l be applied to lands consistent with e Comprehensive Plan Future Land Use Map and CRA Community edevelo t Plan. , See the Community Redevelopment Plan for specific recommendations on locations and boundaries. (2) These MU districts are appropriatefor low-to -rise developments that provide for medium density residential low to medium intensity commercial ce uses. (3) The review of these applications will emphasize compactness, aesthetics and designquality, d physical compatibility wi dj nt land uses. ( ) Except where limited by Table -24-2 in Chapter 3,Article III, Section 5.C., all new developments within the MU-1 and MU-2 districts that contain a non-residential use shall front on streets designated as "arterial", or"collector ways on the Functional Classification of Roadways Map. All projects within e MU-3 district and-proposed i a transit core must contain a residential component, d all projects proposed withinthese Mixed Use intensity dis °ct t front on an arterialroad must have ace on the first floor devoted to commercial or an active use. (5) Maximum height may be ftulher limited certain geographic areas to further applicable redevelopment plans and maintain compatibility with °n single-family district. c. Mixed Use- (MU-4). I (1) The Mixed Use 4 (MU-4)district shall only be alie to land classified e use-eem-bigh (MXH--C-) on the future land use map as recommended by the Community Redevelopment Plan. (2) The M`LJ-4 district is appropriate for high density/intensitydevelopment intended for designated I35 Page 414 of 600 nodes.-saeh-as-pra Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District(the Station Area)must contain a residential component and have space on the first floor whieh-,h&44"evoted to conunercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front onstreets designated as"arterial"roadways on the Functional Classification of Roadways Map. d. Rezoning cif_ le- ly 40istricts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development shall be consistent with the CRA Redevelopment Plan for the applicable district (2) Ratio of lot frontage to depth that is no more than one(1) foot(frontage)to one and one-quarter (1.25)foot(depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code,where the rezoned property abuts single-family residential zoning. e. Mixed Use Core(MU-C). (1) The Mixed Use C (MU-C)district shall only be applied to lands classified as mixed use-high (W-H)on the future land use map. (2) The MU-C district is appropriate for high density/intensity development intended for the downtown area.-,whi Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District(the Station Area)must contain a residential component and have space on the first floor whieh-shaka devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial"roadways on the Functional Classification of Roadways Map. f Rezoning of s-gingle-family dDistricts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development based on the standards indicated in Table 3-2-12; (2) Ratio of lot fi-ontage to depth that is no more than one(1)foot(frontage)to one and one-quarter (1.25) foot(depth); (3) Vehicular access tote property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. B. Us (s)Allowed. See "Use Matrix, Table 3-28" in Chapter 3,Article IV, Section 3.D. C. Building and Site Regulations. 1. Buil M& Sate EMIation(Table 3-2jJ2 . MIXED USE,URBAN(Overlay regulations may apply.See Section 8 MU-1 MU-2 MU-3 MU-4 MU-C Lot Area,Minimum(acres): Public park: N/A N/A N/A N/A NIA All other uses: 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' —7] 100 100 1 1502 200 200 36 Page 415 of 600 Structure Ht,Minimum(fQ 30 30 30 45 45 Maximum Height(ft)3 4-5-55 65 75 too 150/1251 Maximum Density(DUs/Acre)10,11 20 40 50 60 80 ..... ------ M==um�FAJCII 4,42.5 2-.010 3.0 4.0 4.0 ---—----------- Build-to-Kne(It.)8: Ali sides abutting to collector or arterial road Factor of Pedestrian Zone Reqinvemenf7 ----------------- Abutting a Imal sum =��07� 07 07 07 07 Interior side q7 07 07 ± :]o 07 07 -—----------------- Building SetbacK Minimum(&)': Rear abutting Residential single-family 255/0" 25' 255 255 255 Intracoutal waterway 25' 25' 25F 25s .............. ..................... ...................... .....................J L............................... Side abutting Residentills ingle-flunily: 251/01,6 25' 255 25' 2,55 lJsnble Open Space,Minimum(sq.%)9 N/A N/A WA_ I% 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. Reserved. 3. Maximum height on any street frontage is forty-five(45)fed. Maximum height on Intracoastal Waterway is thirty-five(35) feet consistent Lol_Ldepthofa rnifli MLI M of thirty(3 OlLeet, Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. Maximum heights may be increased in the DTODD through participation in the Workforce Housing Program. 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 6. Where there is an intervening right-of-way of at least forty(40)feet. 7. Buildings and structures shall be located no farther than zero(0)feet ftcan the property line,except in conjunction dth providing required visibility at intersections,driveways;open spaces and public plazas;or when additionalssetback is neces&aryto provide for required"Pedestrian 7one"(RZ),Building placement is a factor of roadway type and CRA district,which defendries the rninirn-uni, vndth and design of the P.Z,. ."rr-ttept-4' , %--,4-' 4�"ikiw-ii--Pi-,,-a�-m4iti7.--4f'.he,minimum P7,wkM-44-9L44--.e nni4Fn;i�, o I rjsed offlue o�lrnjLoklelils: 1)_ ff)..1laol wide street free area. measured fron-i the back- of ............ .................................................................................... die curb.or ffilwL curb on roods � nii —hi-of d diegion.2)�i i --------- (11' rel-, � .11g a rl L.............. 10 ide sidewak free ftom ------curb L. .... .ly—ay c _L obstructions. rneasured ftj%flic cenledrne ofstreet trees. and 1)all ictive ai ea. mea.sured from flic sideNvalk, ........................ ..........��,footv%jde�,., ____. )1aceinent ordermflv On Sites with conflictinu ri+�flit-of-VVEW I-ClyfflafiffllS. ,--See Section5.C.2. below for additional relief provisions from build-to line requirements. 8. Listed eligible historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation.See Chapter 4,Article III,Section 8 for additional regulations. 10. Projects within the transit core shall have minimum densities as follows:MU-1 -eleven(11),MU-2-twenty(20),MU-3- thirty(30),MU-4-thirty-five(35)and MU-C-forty(40)dwellings per acre(except that minimum density for the MU-C district applies to projects located within the entire station area). 37 Page 416 of 600 11. Projects witWn the transit core shall have a minimum FAR as follows: -3-one and three-quarters(1.75), -4(2.0)and -C-two(2.0)(except that minimum FAR for the -C district applies to projects to be located within the cntire station a). 12. The maximum density for projects within the Downtown Transit-Oriented Devel ment District(the Station Area)may be increased to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program. 2. Minor and Major Variations to Build-to Line Requirements. Notwithstanding the required build-to line and pedestrianzone requirements o Note 74-9 above,portions of buildings and structures ay be constructed in excess of the distance specified in the above table,but not to exceed fifteen(15) feet in order to 1)optimize landscape design; 2)maximize on-site drainage solutions; 3} accommodate architectural features and building ce ts; or }to otherwise enhance public spaces such as sidewalks,plazas, fountains, or outdoor seating areasorder to farther the purpose and intent of the Overlayajor deviations e build-to line requirement above(in excess of fifteen(15)feet)may be allowed,but only with sufficient j tiction and contingent upon the approval of a Community Design Appeal application (see Chapter 2, Article II, Section .). . Additional Standards. See Chapter 4,Article III, Section 6.11. for additional standards related to urbani building location for properties located in i the transit core of the Downtown Transit- Oriented r sit- ri ted District Overlay Zeae4the Station Area). D. Review and Approval Process. 1. All development and redevelopment i e urban mixeduse districts shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section . . 2. Site plan approval shall be required in accordance with Chapter 2,Article II, Section 2. . prior to application for building permit. E. Parking. 1. General Requirements. Required off-street parking is regulated in accordance with Chapter 4, Article V,Minimum Off-Street Parking Requirements. 2. Reduced Parking Requirements in MU-11 District. See reduced requirements for specific uses within the district in accordance with Chapter 4,Article V, Section 2.13. 3. -Street Parking Facilities. The mixed use(urban) districts contain additional standards relative to location and appearance of off-street parking facilities. Refer to Chapter cle III, Section 6.F. for these additional development standards. F. Miscellaneous. 1. Access. See ChapterArticle VI, Section 3. .8. 2. Building cation. See Chapter 4,Article III, Section 6. . Location of Dumpsters and TrashReceptacles. See Chapter 4,Article VI, Section 4.C. 4. Shade and Shelter. See Chapter 4,Article 111, Section 6. 5. Sidewalks in MU-H District. See Chapter 4,Article III, Section 6 for community design standards related to sidewalks. 6. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.B.5. (Ord. 1 -025,passed 1 -7-10; Am. Ord. 12-016,passed 10-2-1 r . 13-013,pass 6- -1 ; Am. Ord. 1 -009,pass 7-1-1 ; Am. Ord. 15-006,passed 3-2-15; Ord. 15-023,passed 1 - -15; ArrL Ord. 16-023, passe 1-3-17; Am. Ord. 17-023,passed 9-19-17) See. 6. Industrial Districts. A. -1 Industrial Distract. 1. General. The purpose of the -1 zoning district is to implement the industrial e land use a (FLUM)classification of the Comprehensive Plan. The intent of this conventional district is to allow industrial uses that provide opportunities for the retention and expansion of economic activities associate with manufacturing,processing, or assembly plants, including e` support enterprises for warehouse, storage, distribution,research, development. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter3, Article IV, Section 3. . Bui1 ' 3r and Site Re tions e -223 . BUMDING/SITE i38 Page 417 of 600 ......................................................................... -1 District -60 Minimum lot area: 10,000 sx. Minimum lot frontage- 0 feet ----------------------------- Minimum yard setbacks: Front: 15 feet Rear: 20 feee Abutting. Residential distriet(s) 30 feet Interior side: 15 feet' Abutting: Residential district(s) 30 feet Comer side: 15 feet ..........................9............ Maximum lot coverage: 60% Maximum Floor Area Ratio(FAR) 0.50' Maximum sti-acturehei 45 fee- &h_1 ................................ A property that does not meet this minimum size shall be considered conforming only if it contains a whole platted lot and was not in combination with other lots under the same ownership at the time of the effective to of this ordinance(October 2,2012),in which the cumulative size would have met the minimum required by code. Any such undersized lots that are further subdivided and reduced in size shall be considered non-conforming pursuant to Chapter 3,Article V,Section 11. Where rear yard abuts a railroad right-of-way or any paved alley,the Tear yard maybe reduced to ten(10)feet. Where rear yard abuts a paved alley or street,then no side setback shall be required. A floor area ratio(FAR)up to 0.50 may be considered for industrial uses allowed within the M-I district(see"Use Matrix"— Chapter 3,Article IV, Section 3.D.),pursuant to the industrial future land use classification of the Comprehensive Plan. ex.,—ee"Ib ff F-(4*4er-es--, 4. Review and Approval Process. Non-residential uses shall require site plan approval in accordance with Chapter 2,Article II, Section 2.F. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4,Article V, Minimum Off-Street Parking Requirements. 6. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. B. PLD Planned Industrial Development District. 1. General. a. Purpose and Intent. The purpose of the M4PI D zoning district is to implement the industrial (1) and development of regional impact(DRI) future land use map(FLU M)classifications of the Comprehensive Plan. The intent of this planned district is to: (1) Provide for current demands for light industrial and other compatible uses in a planned setting. This district is intended for development that reflects changes in technology and is capable of being designed sensitive to the environment; (2) Create a desirable environment for employees, customers and others traversing the PID as well as with respect to euffent-,�®•®°® adjacent residential development; require economies of scale in providing public services; require placement within close proximity to other employment centers; and provide internal and external connectivity through optimal design and access to available modes of transportation. b. Prerequisite Location Standards. The PID district is epti-mum.-*heft4hepe4ocreates an opponVnity to promote sustainability with respect to land use, energy conservationj-_and resource managementand- Rezoning to the PID district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and 39 Page 418 of 600 modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. In reaching recommendations and decisions as to zoning land to PID,the advisory board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Relation to major transportation facilities. A PID shaft be so located with respect to major roadways or other transportation facilities as to provide direct access to it without creating or generating traffic along streets in residential areas or districts outside it. (2) Extensions of city-maintained waterlines, sewer lines,pumping stations, streets and storm sewers, etc., shall be constructed at no expense to the city and all such construction shall be in accordance with city ordinances and specifications. (3) The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, oro dangers, annoyances,or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended. 2. Use(s)Allowed and Use Approval. See "Use Matrix Table 3-28"in Chapter 3,Article IV, Section 3.D. 3. Buil n andSiteReaulati BUELDINGISITE REGULATIONS PID District Mmimum project area: 25 acres' Nftimum lot fcontam_., Flexible Mnimuin yard setbacks: Front: 30 feet Rear: 30 feet Interior side: 20 feet Comer side: 30feet Nhximum lot coverage: 60%2 —Building Separation: 25 fed Maximum Floor Area Ratio(FAR) 0.5-3 !mum structure height: 45 feet4—' Twenty-five(25)contiguous acres. �---PheJKZA"A OCA-aK�,+�f4 I(—b*4d+Hgi a d_%ee�se+)-Af ff A44 Matrix"!Piaige-444� "# No more than four(4)stories,with the exception of buildings in mixed use pod of the PID pursuant to Section 6.B.8.below. 4. Review and Approval Process. a. All development and redevelopment within the PID district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2,Article H, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article 11, Section 2.F. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the PID shall be in conformance with Master Plan modifications pursuant to Chapter 2,Article U, Section 2.D.6. jj 40 Page 419 of 600 7. Miscellaneous. . Perimeter Landscape (Greenbelt)Buffer. See Chapter 4,Article II, Section .C.3. b. -street Loading. See Chapter 4,Article VI, Section 3.B. c. Building Permit. No building permits shall be issued unless and until platting procedures and the requirements outlined Chapter 2,Article III, Section 2 of the Land Development Regulations are completed in every respect. d. Exterior Storage of Merchandise and Equipment. See Chapter 3,Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. 8. Mixed Use Pods. a. Intent. The purpose of these provisions is to establish small mixed use nodes containing combination of residential, commercial office uses in close proximity to employment centers available modes of transportation,while also meeting the intent of the PID district described above. The mixeduse pod is intended fora master planned setting that provides optimal t external cohnectivity for residents, employees,and other visitors, and generally follows the livability and connectivity standards promoted in the smart growthinitiative. For the purpose of this subsection, a mixed use pod is defined s a development project located within a previously approved I e following criteria shall apply to mixed use pods proposed for development within prove . b. Establishment of a Mixed Use Pod, To ensure attainment of these design objectives, as well as to accommodate adequate bufferingto ensure compatibility among varying uses, a PIDdistrict eligible for a mixede pod must contain a minimum of five hundred(500) consolidated s. Theestablishmentofa mixeduse pod shall also conforni to the requirements of this section, and be in accordance with the process requirements of Master Site Plan within e a pod(Chapter 2,Article II, Section 3. .). c. Density. The PID district corresponds with the industrial(I) and development of regional impact ( FLUM classifications; however,residentialuses are only allowed withine use pod of a PID that has a DRI FLUM classification. Maximum residential a ities shall be in co ce with the thresholds established for the respective DRI. d. Use(s)Allowed. S "Use Matrix Table 3-2.8" in Chapter 3,Article IV, Section . e. Building and Site Regulations. (1) The maximum building height within a mixed use pod shall not be greater than seventy-five(75) feet. Any building exceeding forty-five(45) feet in height shall be processed as a conditional use. (32) Height setback envelope. Minimum building setbacks 1 be based on building heights for buildings greater than forty-five( 5) feet in height. The height setback envelope is applicable where the mixeduse development is adjacent to an existing developed single-family residential zoning s 'ct outside e PID. This minimum setback shall be three( )times the building height for any multi-family or non- residential structure. The setback shall be measured ftorn the common boundary of the PID and the existing single-family residential zoning s °ct of the midpoint of any intervening right-of-way. f. Parking. As required by Chapter 4,Article V. g. Modifications. (1) Any modification proposed to a Master Site Plan for a mixed use pod within a PID shall be in conformance Chapter 'cle II, Section 3. .6. ( ) Any modification proposedto a technical site plan i a master site plan of a mixed use pod within a PID shall be in conformance with t icle II, Section 4.H. . Miscellaneous. Any request to waive a standard g regulation i the mixed use pod shall e in c r ce with Chapter 2,Article II, Section 3.D. (Ord. 10-025, passe 12-7-10; . 12-010,passed 6-19-12; Ord. 12-016,pass 10-2-12) CC. 7. AUseellaneous Districts. A. REC Recreation District. 1. General. The purpose of the REC zoning s °ct is to implement e recreational ) future land use map ( ) classification of the Comprehensive Plan. It is the intent o this conventional s 'ct to f 41 Page 420 of 600 accommodate and preserve recreational areas for current and future uses consistent with the Comprehensive Plan, This district shall apply tathose existing os recreational areas nof located in planned unit developments. clu in these areas are both public and privately-ownedrecreational acts and the Intracoastal Waterway(I 2. se(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations(Table 3-2L54). o building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with ollo regulations: BUILDING/SITE REC District Minimumr re Minimumt 0 feet Nfinimum yard setbacks: Front: 25 feet Rear: feet Interior side feet Comer side: 25 feet Maximum lot coverage: O% Maximum or Area Ratio FARl 05 structureMaximum t® 45 t' 4. Review roeProcess. Non-residential es shall require site plan approval in accordance with a ter 2,Article II, Section °prior to application or building permit. 5. Parking. Required off-street is regulated accordance with Chapter4,Article V, Minimum Off-Street Parking Requirements. B. PUPubfic Usage District. I. General. The purpose of the PU zoningdistrict is to implement the public and private avto ° o use classification of the Comprehensive Plam This district shall apply to those areas withine city ease ownership and/or oatio is public, o case use is primarily public or institutionally-oriented, excl i e of those areas whose use is primarily recreational. 2eUse(s) o e "Use Matrix ale 3-28" in Chapter ,Article IV, Section 3.1). . Building and Site Regulations(Tablebuilding or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unlesse premises and buildingcomply with the follo re atio : BUILDING/SITE REGULATIONS PU District Minimum t area: 8,000 s.f-' Minimumlot frontage: t' Minimum yard set s2: Front. 25 feet' Rear: 25 feet' Abutting: esi ti s °et(s) 30 feet Interior side: 15 feet' Abutting: esi e s 'e (s) 30 fed Comer side: 15 feet 42 Page 421 of 600 Maximum lot coverage: 50%, Maximum Floor Area Ratio 1.01 Maximum structure height: 45 feet Hospitals omy: 60 fee For hospital buildings,additional setback in excess of thirty(30)feet shall be required for any height over forty-five(45) feet. The additional setback shall be measured by calculating three(3)additional feet of setback for each foot in height above forty-five(45)feet,not including minimal roof top equipment that are eligible for height exception in accordance with Chapter 2, Article H,Section 4.0 Aie_leded'lite standards in the Public Uswge ZgaiRg District jj�lier�ap sedion I I 4. Review and Approval Process. Non-residential uses shall require site plan approval in accordance with Chapter 2,Article H, Section 2.F. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4,Article V, Minimum Off-Street Parking Requirements. (Ord. 10-025,passed 12-7-10) See. 8. Overlay! g. eity-) ftp t�4,e iff haf ear- of g4 I+iT t ie-devek)f m nent-,A444-in- th 0 jinnw)"sed-ev ef-bay-ze i4y I fte-f eSp e-C-t4 V e-fVff-tjf,--�jC4 -- B-A. MkirtinLudierKInA g Jr,,, Boulevard Overlay-2.fei-e-, 1. Intent. This oBerl ayV a k, n Wthe'r MIMI Ir. _Ld_entifies a 9%1 rg offfie r0ami Boulevard as anonjilwrantt '_Kq'd nPPET ent and revitalization. he ultim.at design and site standajds of - this section are ietended to create a tr&fitional street corridor with pedesvdan finprovements, storefronts along 43 Page 422 of 600 the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance,potted landscaping, store windows and public open spaces. This overlay zene-is also appropriate for development of small properties to allow for consistency with the vision represented by the respective mixed use zoning district, and/or as an interim redevelopment mechanism until greater redevelopment occurs using the respective mixed use zoning district. All development within the Martin Luther King Jr. Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. 1 Defined. The Martin Luther King Jr. Boulevard Overlay Z-@ne-(MLKBGZ)is hereby established as the area defincd by the parcels fronting,on that portion of the Boulevard located east of Seacrest Boulevard and west of 4'.',e4t,+a4.4.--.iig-1 -righ -of-way, along with those parcels adjacent to he north and south of these parcels that front on the Boulevard if assemb,led acrd development as a unified projemt. 3. Use(s)Allowed. (See"Use Matrix" -Chapter 3, Article TV, Section 3.D.). 4. Building and Site Regulations. Development within this 02verlayzRine-shall be in.accordance with buildinand site relations applicable to the underly"ng zoning 9 g district axcept as follows: a. ------&.—Parce1s that have frontage along Martin Luther King Jr. Boulevard f The sha-44-ta-vp,4-he-serne- lyr( 1de niininium PZ is cornlLrk!f,t of three j _)N �orther�quircd Pedes ZI of the curb, or future curb on r(,-),qds r ht-ofNvay Ic(lication. " l ar, 6,21 LtLIRbot r obstructions, 111WISUred fi-om the centerline of street tree ree ,s, and_3l rata ei 5�h�fb�otwide�active�arca,. measured ffinn the sidewalk, The PZ conlDonents rnay vary in-placement order only 011 SACS With L jo.-nif-hicting nhghhjto�ff-wa ,�rcgulations, See Section 5.C,2. below f(-.vr additional reheflyrovisions iron-1 build to line re b, Notwithstandinn,,L2,the reLjuit-ed build-to lige and structures maybe c,,onstructed in excess of the distange Tecified P.'tbove, but not to exceed 15 feet w1nenn necess draina to sohgion�-IL acconiniodate, architectural features and buildi112 enhaJ1CC1J1e1_J,___ to otherwise enhance I'Lublic s taac s ISLisas sidewalks,plaza.,., fountains, or c?u1do(,)r seating areas in order to further tl,.Ic p 1; -om the build-to line rcciuireirient abo -it of the Overla-v% JMI� kir deviations El _�m�Ve �1_11 excess of 15 feet) may be allowed. but trial y'With sufficierit Jusliticalion and continlyen ,t �Cha�(er 2%�Article�JlSe�ction 4�11 L1�4, Minimum interior and comer side setbacks and rear setbacks shall be in accordance with the Mixed Use 1 zorring district(see,Section 5.C. above). di7. Maximum building height shall be feet. Building sistent ffir a d, )th often I _11L-0)—fee,I I e. Minimum buildina heialitshall he tld 5. Parking. As required by Chapter 4,Article V, Section 3.D. 6. Lai idseapearid.StrectseapeDesigii. See Chapter 4,.Article 11, Section 4.B.5. --C-,`-B. Urban Commercial District OverlayA_-ffle7 1. Intent. The purpose of this vert is to encourage the development and redevelopment of commercially-zoned parcels in a manner consistent with the pattern of development of parcels with mixed use zoning classifications. 2. Objectives. The objectives of this overlay Re*,—are as follows: a. Support and enhance revitalization efforts along the city's commercial corridors within the redevelopment areas. b. Improve aesthetic and pedestrian see tscape environments by preventing the placement of off-street parking between the front of the building(s) and the rights-of-way. c. Allow flexibility in architectural design and building bulk;while maximizing compatibility and harmony with adjoining development within the defined area. 3. Defined. The Urban Commercial District Overlay (UCDOZ) is established inthe-4� the following boundaries-, 44 Page 423 of 600 . The boundary is the city limits to the north, the Intracoastal Waterway to the east, the city boundary to the south, and the Florida East Coast Railroad .C.) and Palm Boulevard(Northeast 4th Street)to the west. The�� . . Conflict. In the event of any conflict between the provisions of the Urban Commercial District Overlay C d any other sections of the Land Development Regulations, the provisions of this section shall prevail• These provisions shall not be construed.e supersede any federal, s te, or county laws; and/or y rezoning of lands to a mixed use zoning district. 5. Building and Site Regulations(Table -267). Development within s o vert y Zon&shall be in accordance with buildingsite re ations Mplicable to the del 'u zc district exc t as follows: BUILDING SITE REGULATIONS Urban o erre District ver y Zone Build-to line',: Front(abutting arly publicright-of--ay): 0 it.a Rear: 0 fu, Interior side: 0 W Minimumyard setbacks: Rear(abutting residential i °ck� 10 feet Interior side(abutting residential district): 15 feet Maximum structure height: zo ,. 1 E k .,dh 4 ,1 , n� ,.a,,.a ao,.>. =ro.t ..f.-ms s t. 1. +�,a, aHgo ,• .,x „9�a Notwithstanding the required build-to lisle�aaacl pcclelz idan zone requirements portions of buildings and structures may be constructed in excess of the distance specified above,but not to exceed 15 feet when necessary to 1)optimize landscape design; )maximize on-site drainage solutions, )accommodate architecturld features d building enhancements;and/or 4)to otherwise enhance public spaces such as sidewalks,plazas,fountains,or outdoor seating areas in order to finther the purpose and intent of the erlayMajor deviations from the build-to line requirement above(in excess of 15 feet)may be alloyed,but only with sufficient justification and contingent upon the approval of a Community Design Appeal application(see Chapter 2,Article I,Section 4.13), Shall be defined by the applicable zoning district. . Parking. As required aster 4,Article V. 7. Miscellaneous. . Landscape and Streetscape Design. See Chapter 4,Article II, Section 43.5. S Page 424 of 600 b. Building Location. See Chapter , Article III, Section 6. c Sli de and Shelters See Chapter 4,Article III, SnAion . ti YjAposin 00 nknL QU WL 1,3 EA 1 # 1 71 r, ti (COO, Ic, KATA I, ,t, <. (1,) C I ;d "t". 3: �l �i,�`l 1 i 'll, �„ :� O �, mon lq' �t#,i o 1 't Er�'it`-., �,ti;.:, � o- ,i d �Si t, lyjl }t - -,I vsT- _ jl, (Y n, mv on,A, l hn CMA 1 s .t,`jwy 't` P r -norm c l t.. 1Y K, t � t, bylyd"Url FUUUV W£t IN, O.Mcf u-1 I—A l�,"l lt't1� <`( £.b . tly t'n Eesti, l,: £l y t-r i, tie to va rdw q L "an ,t, w t'f -ii t.'tjui I' &t 'T p AR, �i6 '�• it., ;,l A Soo, rr6.1"ii[�C l - x n _'�(" �`o M "sit- _i- 71 l_s (, ,I� ,'S_,. c T-ISt C 1 141„ A$ _;,lr, i Ftt st. �. at ti t 17YY(, £ .,� Unn Y nj niz ti 4h An nwinis on `flllS .}£it, '_1. hurY t t 'I.(I'as Ow W. 1 m,u,� NI, A 'i t( ` t" CX t,r t;Jl�iz.i ".(t I1l1,9 _1.i.Ct1�' t. 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FT .Z r AREA CREATEDIse, —HE ` «".4iLM,a S SE76ACK A RE.4 WALL ALONC.'i uF TO 25% OF MAJO' 1"HE u R a4 s p A ,.�x��C ".�,. ..E: SIDEWALK r 3 ,.. 1XIF BACK BUILORMC CORNER, , 4 >.m R WER ESSUHw4 m.., ,�� w � LANDMARK s�#at r xx� R r`<�'j.j,'! i ED } s "W 4 N aw, CORNER ,A I 'G ,�;. �..�"� .�'"t�FF Je w .: , a rs,._ q P iw .4- <°0 11 IP (l` �I,� 11.7 �1r 4di, i, r .Mi v,( n 10 ;, r t'1 k _r p SsFr.3 (( ss i, 0-p o l WK, r,, 101,x "k j 't Lul 1,r; sh"ll- — 4 4� ;� ,,€,- Stu, ;, � � 7 s , � rl a.� (, -,t >1 �J„.; s �� ,_ ., '1 Ito it'7Y1, .. Of v 14 AAYJ1 10, ? `a„1 m'3L-11;`'`5 l! YR "Sr;i '''S 41 - { pp +<7,.., ( 1 ,a n '„ 1 wI Ev n; e1 {,,,,q vv 4 'i W k Q1 Knw. qc QX,y n, `Y v t t`i,�t =i> .r Vp a7 ;1.7n i 60 Page 439 of 600 i Ic ,] V If J q .... ....... IQ I I I "S"I V') leF t J ,I I I'T I I I I,I t t QI Q I I t s, ........ .... (J Downtown Transit-Oriented Development District(DTODD) Overlay Z-of ie. I Intent. This overlay mem-imp1i Policy No. 1.18.1 of the Comprehensive Plan's future land use element which establishes the DTODD to improve land development patterns around the future station of the planned commuter service. The overlay's-ze�a'n features finther enhance the vision embodied by mixed-use zoning districts with increased density and intensity as well as strong emphasis on interconnectivity throughout the area. 2. Defined- The DTODD Overlay Zene-coincides with the Station Area of a one-half(1/2)mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor,which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor. 3. General. See additional standards and requirements for mixed-use(urban)districts based on the proximity to the planned train station in Chapter 3,Article 111, Section S.A. 4. Use(s)Allowed. For the DTODD, allowed uses are based on the underlying zoning district. See "Use Matrix," Table 3-28 in Chapter 3, Article IV, Section 3.D. 5. Building and Site Regulations. See Chapter 3,Article III, Section S.C. 6. Additional Standards. See Chapter 4,Article III, Section 6.11. for additional standards related to urban design and building location for properties located within the transit core of the Station Area. (Ord. 10-025,passed 1 -7-1 Am. Ord. 11-002,passed 3-1-11; Am. Ord. 12-016,passed 10-2-12; Am. Ord. 15-006,passed 3-2-15; Am. Ord. 17-023,passed 9-19-17) 61 Page 440 of 600 See. 9. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1,Article I, Section 7 of these Land Development Regulations. (Ord. 10-025,passed 12-7-10) 62 Page 441 of 600 Article IV. Use Regulations D. Use Matrix(Table 3-28). Footnotes 18. Cultural Distnet Ge-ean.-Memi&0verla a. This use is allowed in this zoning district only when proposed on a lot located within the Cultural District Oegffli � � erlay bd. Schools, Professional and Ttechnical schools allowed in the CDO OAOZare limited to those that teach the culinary and visual arts. 19. General Note. This use shall be prohibited on the ground level of buildings located on lots that front on Ocean Avenue located within the Cultural District Qeeaa-A*merlay-AfflL, 210. Ge.ne.ral Note, This use is allowed as an accessory use to any lawful Arts Campus located within the C-u-burall)i strict 63 Page 442 of 600 Chapter 4. Site Development Standards Article V. Minimum Off-Street Parking Requirements Sec. 3. Special Reductions in Required Off-Street Parking F. "'Ienn-Zofiv. See for additio ff- nal —street parking, provisions regarding the Cu Itu ral Di strictQ. -0,verlay-&-±ke. See. 4. Exceptions to Providing Required Off-Street Parking. A. Adaptive Re-Use. 1. Applicability. The following described areas shall be eligible for specific parking reductions based upon adaptive rt-, use, including modifications, of existing buildings-, a. ................................................ ,�s defined in Chapter 3,Asticle III, Section 8.1). b. No additional parking shall be required where: (1) The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%)of the existing gross floor area; or (2) The capacity of the structure is increased by adding subordinate dwelling units or floor area within the existing building envelop; or (3) The use of a structure is changed; or (4) Then of seats for eating and drinking establishments is increased by up to fifty percent (50%) of the existing total or up to forty(40) seats are provided where the previous use had none. 64 Page 443 of 600 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 19-016 TO: Chair and Members Planning & Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator RE: Approve proposed code language implementing CRA Plan-Group 4 (CDRV 19-003) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article H. Definitions, Article HI. Relationship to Comprehensive Plan,and Article IV.Redevelopment Plans;(2)Chapter 3. Zoning,Article HI.Zoning Districts and Overlay Zones, to continue implementation of revisions related to modification of the future land use categories and to other recommendations of the Community Redevelopment Plan, including creation of the Cultural District and Boynton Beach Boulevard Overlays, and(3)Chapter 4, Site Development Standards, correcting references to overlays. Applicant: City-initiated. EXPLANATION The consolidated Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. The Plan recommended significant modifications to the structure of the future land use (FLU) classifications and the corresponding zoning districts, as detailed in the Plan's Tables 41 and 42 (Exhibit A). On July 18, 2017, as per the subject recommendations, the City adopted Comprehensive Plan amendments eliminating several future land use categories, creating new ones and making adjustments to the density caps. Simultaneously, the City embarked on a comprehensive revisions to the Land Development Regulations (LDRs). The extensive nature of these changes—they affect nearly all chapters of the LDRsforced the revisions to be processed incrementally. The proposed amendments follow the first set of revisions (adopted in 2017) and are summarized below: • Chapter 1. General Administration (see Exhibit B) o Article IL Definitions: proposed definitions of Usable Open Space and Active/Commercial Uses on Ground Floor would provide more clarity to requirements supporting the CRA Plan's goal of creating an urban,pedestrian-friendly enviroment. o Article III. Relationship to Comprehensive Plan, Section 5. Future Land Use map (FLUM). Proposed changes to Table 1-1. FLUM Classifications and Corresponding Zoning Districts would finalize implementation of the CRA Plan-recommended FLU/zoning structure. Page 444 of 600 CRA Plan implement—Group 4 (CDRV 19-003) Memo PZ No.19-016 o Article IV. Redevelopment Plans: revisions would remove references to the previous redevelopment plans, supplanted by the 2016 consolidated CRA Community Redevelopment Plan. • Chapter 3. Zoning (see Exhibit C) o Article III. Zoning District and Overlay Zones ■ The chapter's narrative and tables containing zoning district-specific building and site regulations would be revised to correct the remaining inconsistencies regarding the new FLU and zoning structures. ■ The proposed amendments to overlays include: • Addition of two new overlays: the Cultural District Overlay (CDO) and the Boynton Beach Boulevard Overlay (BBBO) (both were drafted in 2017 and subsequently put on hold to coincide with these other necessary updates/amendments.) The CDO would replace the existing Ocean Avenue Overlay district. • Changes to the existing Martin Luther King Jr. Boulevard and the Urban Commercial District overlays, reflecting the design standards of the Heart of Boynton and the Federal Highway Corridor Districts established by the CRA Plan. • Elimination of the Urban Central Business District Overlay: a formerly state- required designation is now defunct. ■ The remaining revisions would improve overall organization of the chapter through reduced redundancies and enhanced clarity. o Article IV. Use Regulations: footnotes to Use Matrix would be revised by replacing references to the Ocean Avenue Overlay Zone by the applicable references to the Cultural District Overlay. • Chapter 4. Site Development Standards (see Exhibit C,p.64) o Article V. Minimum Off-Street Parking Requirements: references to the Ocean Avenue Overlay Zone would be replaced by references to the Cultural District Overlay. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to continue implementing the CRA Community Redevelopment Plan in support of continued quality development and redevelopment of the downtown and remaining CRA area. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-003 CRA Plan Related Amendments\DRAFT FOLDER\CDRV 19-004 CRA Plan implement Group 4 Staff Report.docx -2 - Page 445 of 600 EXHIBIT A EXISTING FLU DENSITY RECOMMENDEDFLU DENSI CHANGE DUIACRE DUIACRE FRESIDENTIAL CLASSIFICATIONS Low Density (LDR) 5 Low Density (LDR) 7.5 Merged into one Moderate Density N 7.5 category (MOPR)- Medium Density (MEDR) 10 Medium Density (MEDR) 11 Merged into one High Density (HDR) 11 category Special High Density H�I�gh Density (HDR) 15 Create a new Sp I new :201 Create ] (SHDR) Spe al High Density HDR; SHDR ) 20 rema'ins SHDR) URBAN MIXED USE CLASSIFICATIONS 20 NEWFLU n/a Mixed Use Low Mixed Use (MX) - 40 Mixed Use Medium 50 Increased Density Renamed. Mixed Use Core (MX-C) 80 Mixed Use High 80 Corresponds with previous Mixed Use Core Table 1: Proposed Changes to the Future Land Use(FLU)Classifications Page 446 of 600 RECOMMENDED DENSfTY ZONING DENSEFY M CHAN;GE TO ZONING MACRE CAPS 11 LAND USE DISTRICTS HEIGHT FDISTRICTS RESIDENTIAL R1-AAA, Rl- TMerged zoning districts AAB, Rl-AA, 3:0 (2 i 'g t : - Low Density (LDR) 7-5 5 TO 7-5 ies) corresponding to existing LIAR and ond R-1A, R-1, stories) MO U PUD MODR FLU categories R2 10 30` (2 Corresponding to the existing Medium Density stories) MEDR (MEDR) 11 R3, PUD11 46 Stories(4 Previously under the HDR FLU IPUD ) r PUD stories High Density (HDR) 15 1 1PUD, 15 45 (4 NEW district R-4 ) Special High 20 IPUD,PUD�=20 45' (4 No change Density (SHDR) stories) URBAN MIXED USE Density and height same as the Mixed Use Low 20 MU-1 20 45' (4 MUL-1 zoning district under the stories) existing MX FLU 65 (6 Increased density: existing' MUL- Mxed MU-2 40 stories) 2 under MX FLU at 30 dulacre iUse Medium 50 - MU-3 50 75 (7 NEW district stories) MU-4 60 1003 (10 NEW district stories) Mixed Use High so - MU Core 80 150' (115 Renamed district- Corresponds vious, MU-H- Table 2: Land Use Structure and Corresponding Zoning Page 447 of 600 EXHIBIT B Chapter 1. General Administration Article IL Definitions USABLE (?I'ENSPACE - Active or Massive space designed as 1) Public spaces for the Purpose of gathering/socialization, such as plazas, public squares, gardens, outdoor dining courtyards, enhanced pedestl-ian areas, etc. This area may also include public art easements., and/or, 2)private space for the use primarily of the residents/occupants of the property, such as parr space, gardens courtyards, enhanced pathways with seating and shade structures, etc. This space does not include areas such as private/fenced courtyards patios or the life of individual unit owners. ACTIVEIC(?11 MERCIAL USES ON GROUND FLOOR - Mixed use projects within urban mixed use zoning districts will meet -round floor ACTIVE/COMMERCIAL, USE requirement by including commercial uses selving general public such as retail, restaurants, bars, entertainment, personal sel vices, and live-work. Resident-only selving amenities such as lounges gyms, common rooms, and recreation spaces may be included in addition to the above uses. Residential-only only within urban mixed use zoning distlicts will meet ACTIVE USE requirement by using design featuresincluding street-fronting access—to allow residential use to engage with the street and provide the opportunity for interaction. Such features may be combined with building amenities such as lounges, gyms, common rooms, and recreation spaces on the around floor. Page 448 of 600 Article III. Relationship to Comprehensive Plan; Sec.5 Future Land Use map (FLUM) B. FLUM Classifications and Corresponding Zoning Districts (Table]-]). Zoning LDR McDR HDR SHDR OC LRC G MXL MXM MXH I R PPGI DRI Districts (7.5) (11) (15) (20) C (20) (50) (80) x R-1-AAB 5.5 x R-1-AA 5.5 x R-1-A 6 x R-1 7.5 x R-2 < 10 x R-3 11 x R-4 15 IPUD K_ x PUD x x x x MHPD x C-1 x C-2 x C-3 x C-4 x CBD x x PCD x x x SMU x x MU-1 x MU-2 x MU-3 x MU-4 x MU-C x M-1 x PID x x REC x PU x Page 449 of 600 Article IV. Redevelopment Plans Sec. 1. General. A. Purpose and Intent. The city's Land Development Regulations are intended to further the goals, objectives, guidelines, and recommendations of the adopted redevelopment plans. B. Identification of City's Redevelopment Plans. Each redevelopment plan approved by the City Commission is hereby adopted by reference in these Land Development Regulations and identified as the following: 1. Fedefal Highway 0—offide L oynton L ea_ch__CRA_Community Redevelopment Plan; 2. ueai4 oft , r^w w,,,,,e.D_A__1^,,w, ,,, Plan; alid 4. Do .,+^.B.r X7;1 ,A !aster-Dl Page 450 of 600 EXHIBIT C CHAPTER 3. Zoning ARTICLE III. ZONING DISTRICTS AND OVERLAYS Z4M-E9 Sec. 1. Overview. A. General. Pursuant to Chapter 1, Article III, Section 5.B., any given parcel of land in the city shall have a zoning district that corresponds with the(Future 1Land idUse*+Map (FLUM) classification of the Comprehensive Plan. B. Residential Building and Site Re ulations (Table 3-1). RESIDENTIAL R-1 R-1 R-1 R-I R-2 R-3 R-4 IPUD PUD MHPD AAB AA A Duplex Multi Multi Density(dwelling units per acre): 5 5.5 6 7.5 10 11 15 Flexible10 Flexible" Flexible" Project Area,Minimum(acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit,Minimum(square feet): 9,000 8,0008 7,500 6,000 4,500 4,00012 4,00012 Flexible Flexible 4,200 Lot Frontage,Minimum(feet): 90 75 60 60 75 100 100 Flexible Flexible N/A Living Area,Minimum A/C(square feet): 1,800 1,600 1,400 1,200 750 750 650 Flexible Flexible N/A Lot Coverage,Maximum: 45% 45% 45% 50% 40% 40% 50% 50% N/A N/A Floor-Area-Ratio(FAR)for Non- 6 Residential,Maximum: N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Structure Height,Maximum(feet): 30 30 30 30 25 45' 45 45' 45' 30 Building Setbacks,Minimum(feet): Front: 25 25 25 25 25 40 20 Flexibles Flexibles 20 Interior side: 10 108 7.5 7.5 10 20 20 Flexibles Flexibles 5 Corner side: 25' 25' 25' 25' 25' 40 20 Flexibles Flexibles loll Rear: 20' 20' 20' 20' 25' 40 40 Flexibles Flexibles 1011 Special rear yard setback reductions for 1-story building Maximum Percentage of Reduction: additions abutting: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Intracoastal Waterway(ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Perimeter wall abutting non-residential: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A 1 Page 451 of 600 Administrative Adjustment: Maximum Percentage of Reduction(to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A General Notes: 1,2 1,2 1,2 1,2 3 3 1,3 9 9 11 1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed by administrative adjustments. 2. An administrative adjustment to reduce a setback maybe granted if any first floor addition follows the building line of a legally non-confonning single-family structure,or a building line previously approved by a variance. 3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard back setback shall be required,only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family zoning,required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30)feet. Project design along abutting roadway(s),including setbacks,shall be based on existing development patterns or applicable recoimmendation from the respective development plan. 6. See Note 45 for additional setback requirements relative to building height. 7. A lesser building height maybe required for compatibility with adjacent properties. See Note 45 for more setback requirements relative to building height. 8. The minimum lot area shall be seven thousand,five hundred(7,500)square feet and the minimum side yard shall be seven and one-half(7-1/2)feet for properties developed and/or platted prior to June 13, 1975. 9. Total usable open space shall be calculated at two hundred(200)square feet per dwelling unit(also see Chapter 4,Article III, Section 8.). 10. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan. 11. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s), but with a minimum of the setback required for a single-family residence. 12. Multi-family dwellings and group homes require four thousand(4,000)square feet. All other uses allowed in R-3 and R-4 require twenty thousand(20,000)square feet. C. Non-Residential Building and Site Regulations (Table 3-2). NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID RE PU 44 FleKfb4e Density(dwelling units per acre): N/A N/A 44 N/A N/A Flexible"- N/A N/A N/A N/A N/A Project Area,Minimum(acres) N/A N/A N/A N/A N/A 3-L'' N/A 254--" N/A N/A Lot Area per unit,Minimum(square feet): 9,000 5,000 15,000 5,000 15,000 Flexible mono Flexible 43,560 8,000 Lot Frontage,Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75 2 Page 452 of 600 Lot Depth,Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A Lot Coverage,Maximum: 40% 40% 40% 40% 75%41 40%'1-0 60% 60%'6 N/A N/A Floor-Area-Ratio(FAR),Maximum: 0.40 0.50 0.50 0.50 N/A 0.50 0.50 0.50 N�IA NrA 0.50 1 1.00 Structure Height,Maximum(feet): 30149 259 45441 4513 4541-�2 4513 45441 4513•19 4511 4543 Building Setbacks,Minimum(feet)114: Front 30 30 20 25 0 40 15 30 25 25-2Q'-3 Rear 20 20 202 205 206 40 203 30 25 25-2Q'-3 Interior side 10 15 0' 155 0 30 15' 20 25 15"Q'-3 Corner side 10 20 20 155 8' 30 15 30 25 15-21L3 Building Setbacks,Minimum if abutting a residential district(feet)114: Rear 30 30 30 30 N/A N/A 30 N/A N/A 30 Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30 Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/A Waterfront yard N/A N/A N/A N/A 88 N/A N/A N/A N/A N/A 1. Where rear access is not available from a public street or alley,aside yard of not less than fifteen(15)feet shall be provided on one(1)side. 2. Where rear yard access is available from a public street or alley,rear yard may be decreased by one-half(1/2)the width of such street or alley,but in no case shall a rear yard be less than ten(10)feet. 3. Where rear yard abuts a railroad right-of-way or any paved alley,the rear yard maybe reduced to ten(10)feet. 4. Where rear yard abuts a paved alley or street,then no side setback shall be required. 5. Where rear property line abuts a public street or alley,rear yard setback maybe reduced to ten(10)feet and no side yard shall be required,except on corner lots. 6. Where rear property line abuts a public street or alley,rear yard setback may be reduced to eight(8)feet at first floor level, in which case,no setback shall be required at all other floor levels. 7. Eight(8)feet is required at first floor level. No setback shall be required at all other floor levels. 8. Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line. However,setbacks are measured from the mean high waterline if the body of water is under the same ownership as the subject property. 9. Nla�to eKeera��7S�OF;es A,E)s sE) .i f' IAI 18. c-e'as. 44-.9 Buildings designed with under-story parking shall be allowed a maximum building height of thirty-five(35)feet but only with conditional use approval. 4464:a c�ii-444c ctzcf:v..,rr14ef;grr . 4-410. The total ground floor area of all buildings and accessory structures shall not exceed forty percent(40%)of the plot on which they are constructed. 4.411. Contiguous acres. 3 Page 453 of 600 4412. Residential uses are only allowed within a mixed use pod of a PID that has a DRI future land use classification. Maximum residential densities shall be in accordance with the thresholds established for the respective DRI. o 17. The n4ax;muiu allowable density is detep—ined by the appli cable future land use class;ficatioll Of the GOWFehellSive Plan. o 44. T -2413. For hospital buildings,additional setbacks in excess of thirty(30)feet shall be required for any height over forty-five (45)feet. The additional setback shall be measured by calculating three(3)additional feet of setback for each foot in height above forty-five(45)feet,not including minimal rooftop equipment that are eligible for height exception pursuant to Chapter 2,Article II, Section 4. 14. aO44a T1r'`n" wl ereappn 4e. Overlav regulations may appy. See Section 8 for regulations pertaining to_-overlays.' ^# 4e -N4T r B0Z and JUT GP0Z D. Mixed-Use Suburban Building and Site Re ulations (Table 3-3). SUBURBAN MIXED-USE (SMU) DISTRICT Types of Uses Residential Single- Other Uses Building/Site Regulations Family (Attached or Multi-Family (includes Mixed Detached) Use) Density(dwelling units per acre) 20 20 N/A Project Area, Minimum: SW district- 10 acres' Lot Area per unit, Minimum (square Flexible4- l2 Flexible44l2 10,000 feet): Lot Frontage tier Use, Minimum (feet): Flexible 4442 100 100 Living Area, Minimum A/C (square 1,200 750 750 feet): Floor Area Ratio (FAR), Maximum: N/A N/A Structure Height, Minimum (feet): 352 3592 3542 Structure Height, Maximum (feet): 35 55�L— 55�L— Build-to-line(feet): Front: 161 l04-,4-,-6_2_144 10 345 Building Setbacks, Minimum (feet): Side: 15 corner e d 10414064°124 Rear: Flexible 4412 1544 Flexible 6,44-412 4 Page 454 of 600 Usable Open Space, Minimum (square o �9,io 0 9.11 feet): 30/o 20%2-,-l,"-_4-' 20/o— the S"�r��eg Hotels Rmst be pa of^ .,ed;ase p ojeet of a le s�fl—ee 11 .-os . 41. Porches maybe placed forward of the build-to line and shall maintain a minimum two (2)-foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is twenty(20)feet. Where less than twenty(20)feet,garage access required from side or rear. 42. Projecting feature(s)such as awnings,balconies,porches and/or stoops may be placed forward of the build-to line and shall maintain a minimum two (2)-foot setback from any public sidewalk. 43. Front yard build-to line along major arterial roads,a maximum of ninety(90)feet inclusive of a twenty-five(25)-foot landscape buffer. 44. The height setback envelope in accordance with Section 5.C.below shall apply where adjacent to developed single-family residential zoning districts. �5 One(1)or more projecting feature(s)such as awnings,balconies,colonnades,porches and/or stoops required forward of the build-to line and shall maintain a minimum five(5)-foot clearance from any vehicle use area. Elements projecting over a pedestrian walkway shall allow a minimum nine(9)-foot vertical clearance and five(5)-foot horizontal pedestrian clearance. -96. Excluding. side f:^l iises-a+4-parking structures. 97. Applies to any facade with arterial roadway frontage. Multiple-story buildings are encouraged along arterial roadways. The intent of this provision is to create the appearance,or simulate the intensity of,a minimum two(2)-story building. Conditional use approval required if less than the thirty-five(35)foot minimum. 4-98. Building heights between fifty-five(5 5)feet and seventy-five(75)feet to thepeak a f 44ees4�ao�Hr-e--�s 4etai4s-inay be allowed only for interior buildings(those buildings separated from the property line by another project building or use),if approved as a conditional use. The b;a;1_,4;44g'14nie�;aFe 14e;&-"+ Shall be 6014EI+W�ed;44 a66@FE1a146e W414 Se6�;014 5 below. Exeept;o44s o 44e ; .........r,�ig sk A-114�oe a—Il ed. 4-9. Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies,streets, drives,parking areas,or structures other than recreational structures. 4-110. At least fifty percent(50%)of the required usable open space for&iHgl residential uses shall be contained in one (1)or more coimnon pooled areas and a rectangle inscribed within each coimnon pooled area shall have no dimension less than seventy-five(75)feet. 4411. Up to fifty percent(50%)of the usable open space required for"inulti-family" and"other uses"may be hardscaped plazas and public gathering places. 4.412. To be determined on a case by case basis,depending on the overall project design. E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE,URBAN MU-1 MU-2 MU-3 MU-4 MU-C Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100 150- 200 200 Structure Ht.,Minimum(ft.) 30 30 30 45 45 5 Page 455 of 600 Maximum Height(ft.)' 45 65 75 100 150/125' Maximum Density(DUs/Acre)",12 20 40 50 60 80 Maximum F.A.R.11 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)' All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setback,Minimum(ft.)' Rear abutting: Residential single-family 255/05.6 255 255 255 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255/05.6 255 255 255 255 Usable Open Space,Minimum(sq.ft.)9 N/A N/A 0.5% 1% 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty(50)feet,if frontage is on a collector/local collector roadway. 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five(35) feet cotlsiscouit fors dept i ot.'a ��iri ttl 1 t�P-c t.t� (30)fcct . Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. Height bonus may be granted through participation in the Workforce HousingProgram. 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one(1)additional foot for each foot of height over thirty-five(3 5)feet. 6. Where there is an intervening right-of-way of at least forty(40)feet. 7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor of roadway type and CRA district,which detennines the min.width and design of the PZ.Except for the Downtown District,where the minimum PZ width is 18',the minimum PZ in all other districts if 16 ft. See Section 5.C.2.below for additional relief provisions from build-to line requirements. 8. T:rfLocally registered historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 for additional regulations. 10. Projects within the transit core shall have minimum densities as follows:MU-1 -eleven(11),MU-2 -twenty(20),MU-3 - thirty(30),MU-4-thirty-five(35) and MU-C-forty(40)dwellings per acre(except that minimum density for the MU-C district applies to projects located within the entire station area). 11. Projects within the transit core shall have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0)(except that minimum FAR for the MU-C district applies to projects to be located within the entire station area)._ Maximum FAR for MU-3 tnay be increased to 3.5 if abutting property with the Mixed Use High future land use classification. 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the Station Area)maybe increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through 6 Page 456 of 600 participation in the City's Workforce Housing Program. (Ord. 10-025,passed 12-7-10; Am. Ord. 12-016,passed 10-2-12; Am. Ord. 14-009,passed 7-1-14; Am. Ord. 15-006,passed 3-2-15; Am. Ord. 16-023,passed 1-3-17; Am. Ord. 17-023,passed 9-19-17) Sec. 2. Residential Districts. A. R-I-AAB Single-family Residential District. 1. General. The purpose of the R-1-AAB zoning district is to implement the low density residential (LDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to promote the suburban character of the city by preserving and encouraging single- family dwellings and structures on large lots at densities no greater than five (5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-5). a. The following lot and building setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1-AAB District Minimum lot area: 9,000 s.f. Minimum lot frontage: 90 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building-1— Abutting: uilding1-Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than 50% residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: Interior side: 10 feet Corner side: 25 feet Minimum living area: 1,800 s.f. Maximum lot coverage: 45% Maximum structure height: 30 feet These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 2 On corner lots,the side yard setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However, where orientation of adjacent lots on both street frontages provides typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 7 Page 457 of 600 R-I-AA ��. �x a J� t/^ �f01 Minim"Lot Aren SLOW�,q ft 4. Administrative Adjustments. a. For lots platted prior to August 19, 2008, the following administrative adjustments to the minimum yard setbacks for first floor additions to existing residential structures may be allowed: Front and side yard_ 20%reduction Rear yard_ 25%reduction These setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. An administrative adjustment may be granted if-for any first floor addition follow-sm the building line of a legally nonconforming single-family structure, or a building line previously approved by a variance. c. See Chapter 2, Article 11, Section 4.A. for the administrative adjustment process. 5. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 6. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 7. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. B. R-1-AA Single-family Residential District. 1. General. The purpose of the R-1-AA zoning district is to implement the glow density residential (LDRN4eD-R) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to promote the suburban character of the city by preserving and encouraging single-family dwellings and structures at densities no greater than five and one-half(5.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-6). The following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-1-AA District Minimum lot area: 8,000 s.f.l Minimum lot frontage: 75 feet Minimum yard setbacks: 8 Page 458 of 600 Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story buildings_ Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% epe, �444i = Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than 50% residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 10 feet' Corner side: 25 feet3 Minimum living area: 11600 s.f. Maximum lot coverage: 45% Maximum structure height: 30 feet In areas developed and/or platted prior to June 13, 1975,the ininiintun lot area shall be seven thousand,five hundred(7,500) square feet and the miniintun side yard shall be seven and one-half(7-1/2)feet. 2 These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 3 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback.However,where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. gw NA _ �£5S� ,F� 1� Mir m n Lot Area 0,000 sq. Max.Lot CovereKm 4 Min.LMnq Area 1,600 sq. 4. Administrative Adjustments. 9 Page 459 of 600 a. For lots platted prior to August 19, 2008, the following administrative adjustments to the minimum yard setbacks for first floor additions to existing residential structures may be allowed: Front and side yard: 20% reduction* * Side yard reduction shall only be eligible for lots platted on or after June 13, 1975 and prior to August 19, 2008. Rear yard: 25% reduction These setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. An administrative adjustment may be granted if any first floor addition follows the building line of a legally nonconforming single-family structure, or a building line previously approved by a variance. c. See Chapter 2, Article 11, Section 4.A. for the administrative adjustment process. 5. Accessory Structures. Walls, fences, pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 6. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article 11, Section 2.17. prior to application for building permit. 7. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. C. R-1-A Single-family Residential District. 1. General. The purpose of the R-l-A zoning district is to implement the n+e4e+e4c—low density residential (LQRM-eR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to promote the suburban character of the city by preserving and encouraging single-family dwellings and structures at densities no greater than six (6) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-7). The following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-I-A District Minimum lot area: 7,500 s.f. Minimum lot frontage: 60 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building- Abutting: 1-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: 10 Page 460 of 600 Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Corner side: 25 feet Minimum living area: 1,400 s.f. Maximum lot coverage: 45% Maximum structure height: 30 feet These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 2 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However, where orientation of adjacent lots on both street frontages provides typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. R=1- 25 7 Is in Area 7,5W sq,ft. , Max.Lot Coyem45% �s Mini Uv"Area 1,400 sq,ft, 4. Administrative Adjustments. a. For lots platted prior to August 19, 2008, the following administrative adjustments to the minimum yard setbacks for first floor additions to existing residential structures may be allowed: Front and side yard: 20%reduction Rear yard_ 25%reduction These setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. An administrative adjustment may be granted if any first floor addition follows the building line of a legally nonconforming single-family structure, or a building line previously approved by a variance. c. See Chapter 2, Article 11, Section 4.A. for the administrative adjustment process. 5. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 6. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. 11 Page 461 of 600 c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 7. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the n low density residential (LDRM-&D ) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half(7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story buildings_ Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Corner side: 25 feet Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 2 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 12 Page 462 of 600 R-1 �f LW ffi �z nrrr}S tll�irtt`)>`�s! � t4�t�ur t s e, r r 1 a' knom Uat ArOA 6,000 •ft ., MSK.W cvywagct 4. Administrative Adjustments. a. For lots platted prior to August 19, 2008, the following administrative adjustments to the minimum yard setbacks for first floor additions to existing residential structures may be allowed: Front and side yard_ 20%reduction Rear yard: 25%reduction These setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. An administrative adjustment may be granted if any first floor addition follows the building line of a legally nonconforming single-family structure, or a building line previously approved by a variance. c. See Chapter 2, Article 11, Section 4.A. for the administrative adjustment process. 5. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 6. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 7. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten (10) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: 13 Page 463 of 600 i BUILDING/SITE REGULATIONS R-2 District Minimum lot area (per unit): 4,500 s.f.i Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet Rear: 25 feet' Interior side: 10 feet Corner side: 25 feet,' Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum structure height: 25 feet Single-family dwellings shall be constructed on lots that are no less than six thousand(6,000)square feet. z Aifsiia44 to Seet;E)44 8.9.below,paFeels 44at 14a-ve 4E)44tage ai4 MaAin Liitl4eF King jF. gaiilevaFd and aFe laea�ed W41441 44e iiS-1^W ''4e4S;+y 1 Z,..-;14gEfis�Fi6tsee See�"'"4"-.14. belaw).Overlav regulations may apply. See Section 8 for rezulations pertaining to overlays. 3 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. tl Jse tl 3 NE 4 4) n and tWE) /7\r4�vanr t $ to 25 Mirilmom Lit Area 4,500 rt.per un Pi x.Let Cavoralm 40% Mirk, LivirV Area 750 sq,It,pet,urt i 4. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are 14 Page 464 of 600 regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 5. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 6. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. F. R-3 Multi family Residential District. 1. General. The purpose of the R-3 zoning district is to implement the medium density residential MDR future land use map (FLUM) classifications of the Comprehensive Plan. The intent of this conventional district, with a maximum density of eleven (11} dwelling units per acre, is to pfov;a r^I:'lin= i 'entia 'et-sities that encourage vertical structures and viable multiple-family living environments. The preferred development pattern shall be designed such that it would provide adequate buffering, graduation of uses, and a layout that considers and complements adjacent uses and districts. Ideally, the R-3 district should be in close proximity to large concentrations of business and employment activities, as well as near sufficient roadways and public transportation routes. Site design should encourage safe traffic patterns, ingress and egress, adequate light, drainage, off-street parking, open space, on-site recreation areas, and community meeting provisions for the inhabitants. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-10). a. Existing and/or future single-family dwellings shall conform to the building and site regulations of the R-1 district (see Table 3-8 in Section 2.D.3. above). b. Duplex dwellings shall conform to the building and site regulations of the R-2 district (see Table 3- 9 in Section 2.E.3. above). c. Multiple-family and group homes shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "residential uses". d. All uses, excluding single-family, duplex, multi-family, and group homes, shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "non-residential uses". BUILDING/SITE REGULATIONS R-3 District (Residential Uses) Minimum lot area (per unit): 4,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum structure height: 45 feet X889 _p 4en+es4 r�� (Non-Residential Uses) 15 Page 465 of 600 Minimum lot area: 20,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: N4A�750 sg. ft.per unit Maximum lot coverage: 40% kl 9 Maximum structure height: 45 feet c�vztGccaz�o�-,,,i J\a�vrics Asg®ve-xaed by 44e-app 'bte feg- t., E)F agei4ey. 3 W to PAP H4"be et see n 7se n 7 k rl i 4 .r r Max,tpf Covwage 40% Mier.Uying Area 750 s%ft.per unit 4. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 5. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage maybe subject to site plan review. In these instances, site plan approval shall be required prior to application for building permit. c. Multiple-family dwellings and non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 6. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 16 Page 466 of 600 G. R-4 Multi family Residential District. 1. General. The purpose of the R-4 zoning district is to implement the High Density Residential (HDR) future land use map classification of the Comprehensive Plan. The intent of this conventional district is to provide for higher residential densities that support infill development opportunities. At the allowed maximum density of fifteen (15) dwelling units per acre, intended development can provide a graduated transition to densities and intensities of mixed use redevelopment projects in a compact form. Although this district is not a planned zoning district, development attributes should similarly emphasize design that is sensitive to its context within the urban redevelopment area, including interconnectivity and pedestrian accommodations, sustainable and/or smart growth building and landscaping design, building placement and orientation of project to the local street network and on-street parking. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-10). a. Existing and/or future single-family dwellings shall conform to the building and site regulations of the R-1 district(see Table 3-8 in Section 2.D.3. above). b. Duplex dwellings shall conform to the building and site regulations of the R-2 district (see Table 3- 9 in Section 2.E.3. above). c. Multiple-family and group homes shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "residential uses". d. All uses, excluding single-family, duplex, multi-family, and group homes, shall conform to the lot and building requirements of that portion of Table 3-4-0-11 below pertaining to "non-residential uses". BUILDING/SITE REGULATIONS R-4 District (Residential Uses) Minimum lot area (per unit): 4.000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: 650 s.f. Maximum lot coverage: 50% Maximum structure height: 45 feet (Non-Residential Uses) Minimum lot area: 20,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: N4 650 sd.ft. per unit Maximum lot coverage: 40% N4 Maximum structure height: 45 feet 17 Page 467 of 600 4. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 5. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. In these instances, site plan approval shall be required prior to application for building permit. c. Multiple-family dwellings and non-residential uses shall require site plan approval in accordance with Chapter 2, Article 11, Section 2.17. prior to application for building permit. 6. Parking. Required off-street parking is regulated in accordance with Chapter 4. Article V. Minimum Off-Street Parking Requirements. H. IPUD Infill Planned Unit Development District. 1. General. a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the special high density residential (SHDR) future land use map (FLUM) classification of the Comprehensive Plan—This district is intended for infill purposes,promoting new development and redevelopment.�,�e— fYn;. e o.. ',pii nt Plai in areas located east of Interstate 95 at densities no greater than twenty (20) dwelling units per acre. This district is also intended to promote water access and recreational opportunities with accommodations of uses, including marine-oriented and water dependent uses,in both mixed use developments and limited single-use projects. The IPUD district includes design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces,parking lot and circulation design, and setbacks, will be dependent on how well the proposed project otherwise exceeds the other applicable standards. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval, any limitation, condition, or design factor that will provide a reasonable transition to adjacent development. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Factors to consider in determining compatibility may include, but not necessarily be limited to,proposed use, massing, and layout. Further, it must be an enhancement to the local area and the city in general. Projects that fail to do so will be denied. Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will not automatically be entertained as a valid argument for the inclusion of that same feature in any other IPUD project if the city determines to reject those features. b. Prerequisite Location Standards. The IPUD district is ,,pti i when t ,- is creates an opportunity to promote sustainability with respect to land use, energy conservation;and resource management_ etal-eq-u+�. Rezoning to the IPUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas, or have stfsi ifleA OF afe � -been impacted by environmental contamination. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; (2) Any non-residential component must front on the arterial roadway or on an access road wholly 18 Page 468 of 600 contained within the project with neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. 2. Use(s)Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations pertaining to the IPUD district and Chapter 3, Article IV, Section 3.1). ("Use Matrix Table 3-28") for a list of allowable uses. 3. Building and Site Regulations (Table 3-14-2). The following building/site regulations apply to the entire IPUD development. BUILDING/SITE REGULATIONS IPUD District- Minimum project area: -Ione Maximum project area: PleeLess than 5 acres Minimum lot frontage 4: Flexibles Minimum perimeter yard setbacks: Front: Flexible Rear: Flexible Interior side: Flexible Corner side: Flexible Maximum lot coverage: 50% Minimum usable open space(per dwelling unit): 200 square feet 4.72 8} Maximum structure height: 45 feet43 Individual lots within an IPUD development contain flexible standards relative to minimmn required lot frontage and lot area for each unit. j-e-e,4-&asew fid. Pursuant to Chapter 3,Article IV, Section 3.13.,a marina use shall require a minimum lot frontage of one hundred fifty(150)feet and a minimum average width of two hundred(200)feet. 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family residential zoning,the required perimeter building setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30)feet. If vegetation,screening,or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses,the city may grant some relief from the aforementioned requirement. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. Project design along abutting roadway(s),including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. a 43 A lesser building height maybe required for compatibility with adjacent development. See Note 42 above for additional setback requirements relative to building height. fIroicCt `it_`+I11ust_fi0"-It 0_r_LL\y4)_t.�`.1 i"-Ite;�i6"cr, ,-Ig H„f1t of. yyrd .� 1,,1d iiiu�t Jnv ,,I 11i11'IC "__I�C �_�4)Cm�m41r_It 4. Review and Approval Process. a. All development and redevelopment within the IPUD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the IPUD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section 2.D.6. 7. Miscellaneous. 19 Page 469 of 600 a. See Chapter 4, Article II, Section 4.13.5 for additional standards pertaining to the required landscaping along rights-of-way. b. See Chapter 4, Article III, Section 4. for community design standards regarding required site design in instances where the subject IPUD project is adjacent to single-family residential zoning districts. c. See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional standards pertaining to the minimum width of rights-of-way and vehicular circulation. d. If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage builtd will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. e. Exterior lighting of the exterior,parking areas and watercraft docking facilities of the planned development shall be of the lowest height, intensity, and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. f. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth, and open space. g. Special emphasis shall be placed on trash collection points. It. Trash containers or dumpsters must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights-of-way while still being conveniently accessible to their users and collectors. L PUD Planned Unit Development District. 1. General. a. Purpose and Intent. The purpose of the PUD zoning district is to implement any of the residential future land use map (FLUM) classifications of the Comprehensive Plan. The intent of this planned district is to promote efficient and eeefietiiiieal land use, improved amenities, appropriate and harmonious physical development, creative design, improved living environment, orderly aria development in the city, and the protection of adjacent an &iistifig and fiittx:city development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the city. Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they are intended to control development on a lot-by-lot basis. In view of the substantial public advantages of planned unit development, it is the intent of PUD regulations to promote and encourage development in this form where tracts suitable in size, location, and character for the uses and structures proposed are to be planned and developed as unified and coordinated units. Densities of such developments shall correspond with the respective FLUM classification. b. Prerequisite Location Standards. The PUD district is 8p+H ,,,.i .1 hei *'_efe i creates an opportunity to promote sustainability with respect to land use, energy conservation;and resource management_-- _*-' on,,;*F-. Rezoning to the PUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. In reaching recommendations and decisions as to zoning land to PUD, the advisory board(s) and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Major Transportation Facility. oR; ao *� r ��*ri�*� ��*�� * 'Eli ElroaR eA PUD shall have a direct access to a major roadway or a transportation facility so as not to create or generate traffic along streets in residential areas or districts outside it. (2) Public Facilities and Services. A PUD shall be located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations so that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development 20 Page 470 of 600 in forms permitted under existing zoning in the area. Such PUD's shall be so located with respect to necessary public facilities (e.g., schools,parks, playgrounds) as to have access to those facilities in the same degree as under existing zoning, and shall be so located, designed and scaled so that access for public services is equivalent to, and net cost for the services under existing zoning. (3) Topography. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage, and topography shall all be appropriate to both kind and pattern of use intended. (4) Access. Every dwelling unit, or other use permitted in the PUD, shall have access to a public street directly or via an approved private road,pedestrian way, court, or other area dedicated to public or private use, or common element guaranteeing access. Permitted uses shall not be required to front on a dedicated public road. (5) Utilities. Direct residential and/or consumer service should be by underground installation to the maximum extent practicable; however,primary service to a general geographic area may be served with overhead installation. Appurtenances to these systems which require above ground installation shall be effectively screened, and, thereby, may be exempted from this requirement. Primary facilities providing service to the site of the PUD may be exempted. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. The PUD district allows principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part. 3. Building and Site Regulations (Table 3-1-23). The following building/site regulations apply to the entire PUD development. BUILDING/SITE REGULATIONS PUD District Minimum project area: 5 acres Minimum lot area: Flexibles Minimum lot frontage: Flexibles Minimum perimeter yard setbacks: Front: Flexible Rear: Flexible Interior side: Flexible Corner side: Flexible Maximum lot coverage: N/A Minimum Usable open space(tier dwelling unit) 200 square feet Maximum structure height: 45 feet Individual lots within a PUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. To be detennined on a case by case basis,depending on the overall project design. 2 The minimum required perimeter building setbacks of a PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family residential zoning,the required perimeter building setbacks of the PUD shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30) feet. Project design along abutting roadway(s),including setbacks,shall be based on existing development patterns or applicable recoinmen�da4tion from the�4respective development plan. INTO+RE)FrC11£rl4 fF'iffz 41 S[v1TCS 4. Review and Approval Process. a. All development and redevelopment within the IPUD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.17. prior to 21 Page 471 of 600 application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the PUD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article 11, Section 2.D.6. 7. Miscellaneous. The boundaries of land zoned to PUD classification shall be indicated on the official zoning map with the symbol "PUD." The PUD district contains additional standards relative to building design and compatibility with adjacent single-family residential zoning. Refer to Chapter 4, Article III, Section 3.J. for these additional development standards. J. MHPD Mobile Home Planned Development District. 1. General. a. Purpose and Intent. The purpose of the MHPD zoning district is to implement the low density residential (LDR) and medefatdefisity r-esi 'efiti ' 1114ePR+future land use map (FLUM) classifications of the Comprehensive Plan. The intent of this planned district is to provide efficient and imaginative design approaches to community planning, and to accommodate the housing needs of those residents who prefer mobile home living and/or desire a more affordable alternative to conventional dwellings. Deiisitie,s, The MHPD district;s er+H;f,,,,.l .1,4 i � o-e iicreates an opportunity to promote sustainability with respect to land use energy conservation;and resource management_ eh-A-egii+t-y-. Rezoning to the MHPD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas7_e4ift ��rand that are away from high hazard areas. b. Existing Developments. For those mobile home parks in existence prior to the adoption of these Regulations, or annexed to the city subsequent to the adoption of these Regulations, the site regulations under which the park was developed shall continue in force. General maintenance and minor modifications to existing improvements shall be allowed, if such maintenance and improvements do not worsen the extent of nonconformity. Should the park be damaged in excess of seventy-five percent (75%), redevelopment shall require submittal of a site plan for review and processing as a major site plan modification, to indicate how redevelopment will provide maximum compliance with development regulations, with particular emphasis on perimeter setbacks and buffering, and internal roadway design and access for service and emergency vehicles. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-14-3). BUILDING/SITE REGULATIONS MHPD District Minimum project area: 10 acres Minimum lot size: 4,200 s.f. Minimum perimeter setbacks: 25 feet Special perimeter setback reduction for principal and accessory structures: Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than 50% residential: 22 Page 472 of 600 Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Minimum yard setbacks (per lot): Front: 20 feet Rear: 10 feet Interior side: 5 feet Corner side: 10 feet Maximum lot coverage: N/A Maximum structure height: 30 feet F�Sy _1?'r' iw W-1— an 25'Min,. Perimeter setbaCk, t 1 I ' 4- - min.ProWt Area 10 act" "� Miry. Lot Site 4,200 sq,ft. CiR a n a z 0 a , 4. Accessory Structures. a. Structures of a permanent nature shall not be added or attached to a mobile home, unless such mobile home is placed upon a site conforming to the minimum requirements for a mobile home. b. The combined area of all additions or attachments shall not exceed the gross area of the mobile home itself. Carports are not included in the above limitation provided that the width of the individual lot is adequate for separation requirements. 5. Review and Approval Process. a. All development and redevelopment within the 4!bq)-MHPD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article 11, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.F. prior to application for building permit. 6. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 7. Modifications. Any modification proposed within the MHPD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article 11, Section 2.D.6. 8. Miscellaneous. a. No part of any mobile home, or any addition or appurtenances thereto shall be located within ten (10)feet of any accessory or service building or structure used in connection with a mobile home park. b. Additional perimeter buffering and landscape material may be required as recommended by the Director of Planning and Zoning to ensure compatibility with adjacent properties. (Ord. 10-025,passed 12-7-10; Am. Ord. 12-010,passed 6-19-12; Am. Ord. 12-016,passed 10-2-12; Am. Ord. 16-024,passed 1-3-17; Am. Ord. 17-023,passed 9-19-17) 23 Page 473 of 600 Sec. 3. Commercial Districts. A. C-I Office and Professional Commercial District. 1. General. The purpose of the C-1 zoning district is to implement the office commercial (OC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to provide appropriate space for office and professional uses, while also serving as a transitional area between residential and higher intensity commercial areas. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-154). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-1 District (Overlay regulations may apply. See Section 8 below.) Minimum lot area: 9,000 s.f. Minimum lot frontage: 75 feet Minimum lot depth: 120 feet Minimum yard setbacks: Front: 30 feet Rear: 20 feet Abutting: Residential district(s) 30 feet Interior side: 10 feet Abutting: Residential district(s) 30 feet Corner side: 10 feet Abiditing: Ue„�64s Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.41 Maximum structure height: 30 feet (For hospitals only) 45 feet A floor area ratio(FAR)up to 0.40 maybe considered for office commercial and related uses allowed within the C-1 district (see "Use Matrix"—Chapter 3,Article IV, Section 3.13.),pursuant to the office commercial future land use classification of the Comprehensive Plan. 2 Buildings designed with under-story parking shall be allowed a maximum building height of thirty-five(35)feet but only with conditional use approval. 4. Review and Approval Process. Pursuant to Chapter 2, Article 11, Section 2.F., site plan approval shall be required for the construction or modification of a non-residential building, structure, or improvement, including any area allocated to an accessory residential unit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. B. C-2 Neighborhood Commercial District. 1. General. The purpose of the C-2 zoning district is to implement the local retail commercial (LRC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to allow low-intensity commercial uses of a retail convenience that are intended to serve and which are in close proximity to individual residential neighborhoods. Generally, the desired locations of these commercial areas would be at the periphery of one(1) or more neighborhoods along roadway classifications that are able to support the additional traffic. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 34-5-16). No building or portion thereof shall be erected, 24 Page 474 of 600 constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-2 District(Overlay regulations may apply. See Section 8 below.) Minimum lot area: 5,000 s.f. Minimum lot frontage: 50 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 30 feet,2 Rear: 20 feet Abutting: Residential district(s) 30 feet Interior side: 15 feet,-' Abutting: Residential district(s) 30 feet Corner side: 20 feet Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.501 Maximum structure height: 25 feet iiro low ;'-+e+,r•+, , Z@'-;++g� €Se6tiea helms , '- A floor area ratio(FAR)up to 0.50 may be considered for local retail commercial uses allowed within the C-2 district(see "Use Matrix"—Chapter 3,Article IV, Section 3.D.),pursuant to the local retail commercial future land use classification of the Comprehensive Plan. ",T„f to eKeee f.., i� rf :ter 4. Review and Approval Process. Pursuant to Chapter 2, Article 11, Section 2.F., site plan approval shall be required for the construction or modification of a non-residential building, structure, or improvement, including any area allocated to an accessory residential unit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. C. C-3 Community Commercial District. 1. General. a. Purpose and Intent. The purpose of the C-3 zoning district is to implement the local retail commercial (LRC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage the development or use of property for appropriate intensive retail commercial uses providing for a wide range of goods and services, located along major thoroughfares. The ehe;�e. b. Prerequisite Location Standard. In reaching recommendations and decisions as to zoning land to C-3, the advisory board and City Commission shall apply the following location standards, in addition, to the standards applicable to the rezoning of land generally: (1) Centrally and accommodating multiple neighborhoods; and (2) Abutting to at least one (1) r,,,,;el:+Lhel:^ ighf f:earterial roadway. 25 Page 475 of 600 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-167). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-3 District (Overlay regulations may apply. See Section 8 below.) Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 20 feet Rear: 20 feed Abutting: Residential district(s) 30 feet Interior side: 0 feet Abutting: Residential district(s) 30 feet Corner side: 20 feet AbidiUef� L�sl nm� Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.503 Maximum structure height: 45 feet Where rear yard access is available from a public street or alley,rear yard may be decreased by one-half(1/2)the width of such street or alley,but in no case shall a rear yard be less than ten(10)feet. 32 Where rear access is not available from a public street or alley,a side yard of not less than fifteen(15)feet shall be provided on one(1)side. 11 A floor area ratio(FAR)up to 0.50 maybe considered for local retail commercial uses allowed within the C-3 district(see "Use Matrix"—Chapter 3,Article IV, Section 3.13.),pursuant to the local retail commercial future land use classification of the Comprehensive Plan. 3 rror c++�cztC-cccc,a fO mss zv,, A i4iel e Al Se fl-- _,+; pliie.,+4 E0 r-F1-,,,;1A4 4+ 4.4 Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6-5. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. D. C-4 General Commercial District. 1. General. The purpose of the C-4 zoning district is to implement the general commercial (GC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to accommodate service and intensive commercial establishments and limited light industrial uses, and to serve as a transitional area between lighter commercial areas and general industrial uses or operations. 26 Page 476 of 600 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-1-78). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-4 District (Overlay regulations may apply. See Section 8 below.) Minimum lot area: 5,000 s.f. Minimum lot frontage: 50 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feee Abutting: Residential district(s) 30 feet Interior side: 15 feet"l-' Abutting: Residential district(s) 30 feet Corner side: 15 feet4 Abidit ng:Res4lef+�cc�sl 4 Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.50¢2 Maximum structure height: 45 feet iiSa low ;'-+e+,r•+, , Z@'-;++g� €Se6ti� helms , '- Where rear property line abuts a public street or alley,rear yard setback maybe reduced to ten(10)feet and no side yard shall be required,except on corner lots or where abutting single-family uses. -12 A floor area ratio(FAR)up to 0.50 maybe considered for general commercial uses allowed within the C-4 district(see "Use Matrix"—Chapter 3,Article IV, Section 3.),pursuant to the general commercial future land use classification of the Comprehensive Plan. 3 Not 4o d � 14, 7 ,�tio-w- ivGziGGGCC�VCC kTrJ[vrzc��"'i4'PPGe? 8.9.below, 11 _R; _ t' /2 r\i�@@ti rzi€rTTr� -54. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. E. CBD Central Business District. 1. General. The p ,,pos of+Lhe CBD zoning district was established with the intent to serve the entire community, create a high volume of pedestrian activity,provide business, recreation and residential opportunities, and maximize the potential of the waterfront. This district is t �' €«e Ek�C�considered the predecessor to the high density urban mixed use zoning districts, and will eventually 27 Page 477 of 600 be sulanted by them. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 31 Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-18-9). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged, or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS CBD District Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 0 feet Rear: 20 feet' Interior side: 0 feet Corner side: 8 feet Waterfront yard (from navigable water): 8 feet3 Minimum living area: 750 s.f. Maximum lot coverage: 75% Parking garages: 85% 1444 Maximum structure height: 1 45 feet4 Where rear property line abuts a public street or alley,rear yard setback may be reduced to eight(8)feet at first floor level,in which case,no setback shall be required at all other floor levels. 2 Eight(8)feet is require at first floor level. No setback shall be required at all other floor levels. 3 Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line; however,setbacks are measured from the mean high water line if the body of water is under the same ownership as the subject property. 4 Fafty f4ve 145,€eeI a €�iceed�aw"`st mss— The maximum building height shall be forty-five(45)feet,except for buildings which contain a mix of uses(residential in combination with non-residential uses). In these instances,the maximum building height maybe increased to one hundred(100)feet,but contingent upon conditional use approval. Mechanical equipment which exclusively serves the structure shall not be included in the calculations of height. 4. Review and Approval Process. All development and redevelopment shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. a. General Requirements. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. b. Specific for CBD District. As required by Chapter 4, Article V, Section 3.E. The CBD district contains additional standards relative to location and appearance of off-street parking facilities. Refer to Chapter 4, Article III, Section 3.C. for these additional development standards. 6. Miscellaneous. a. Building Location and Massing. See Chapter 4, Article III, Section 3.H. for additional regulations pertaining to mixed use developments. b. Shade and Shelter. See Chapter 4, Article III, Section 3.H. for additional regulations pertaining to mixed use developments. 28 Page 478 of 600 F. PCD Planned Commercial Development District. 1. General. a. Purpose and Intent. The purpose of the PCD zoning district is to implement the office commercial (OC), local retail commercial (LRC), and general commercial (GC) future land use map (FLUM) classifications of the Comprehensive Plan. The intent of this planned district is to provide a place for commercial developments that will better satisfy current demands for commercially zoned lands by encouraging development which will reflect changes in the concepts and the technology of land development and relate the development of land to the specific site, to conserve natural amenities and to allow for the mitigation of negative impacts which result from land development. In addition, this district is considered the predecessor to the suburban mixed use(SMU) zoning district. With i:espeet t lefitia „ROR the PC;D RLE-1-- b. Prerequisite Location Standards. The PCD district is ,,pli i when t ,- is creates an opportunity to promote sustainability with respect to land use, energy conservation and,resource management_; ss_4al � Rezoning to the PCD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. In reaching recommendations and decision as to zoning land to PCD, the advisory board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Along major roadways or other transportation facilities as to provide direct access without creating or generating an unacceptable level of traffic along streets in residential areas or districts outside it. (2) Extensions of publicly owned and maintained utilities and storm sewers, etc. shall be constructed by the applicant at no expense to the city and said utilities, etc. shall be deeded to the city clear of any encumbrances. Construction standards employed in the installation of publicly maintained utilities and storm sewers shall be those promulgated by the Engineering and Utility Departments as amended periodically. Concerning streets, consistent with the intent of these Regulations, any required roadway improvements shall be constructed at the applicant's expense including the dedication of additional rights-of- way as noted in the+ affie and eife,,'„*ie Transportation Eelement of the Comprehensive Plan and the replacement of roadway capacity when applicable. (3) The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage, and topography shall all be appropriate to both kind and pattern of use intended. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-4-4-20). In addition to the design and construction criteria established in other chapters or sections of the Boynton Beach Land Development Regulations, the following design criteria shall be applicable to the zoning, design, and construction of planned commercial develo meats: BUILDING/SITE REGULATIONS PCD District Minimum lot area: 3 acres Minimum lot frontage: Flexible Minimum perimeter yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 30 feet Corner side: 30 feet 29 Page 479 of 600 Maximum lot coverage: 40%2l Maximum Floor Area Ratio (FAR) 0.541'- Maximum .5412Maximum structure height: 45 feet —�The total ground floor area of all buildings and accessory structures shall not exceed forty percent(40%)of the plot on which they are constructed. —�A floor area ratio(FAR)of up to 0.50 maybe considered for local retail coimnercial uses allowed in the PCD zoning district (see "Use Matrix"—Chapter 3,Article IV, Section 3.13.),pursuant to the local retail coimnercial future land use classification of the Comprehensive Plan. 4 �`�vrcchi f-,,,I A\ +-,;es. 4. Review and Approval Process. a. All development and redevelopment within the PCD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the PCD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article 11, Section 2.D.6. 7. Miscellaneous. a. Perimeter Landscape Buffer. See Chapter 4, Article II, Section 4.C.3. b. Off-street Loading. See Chapter 4, Article VI, Section 3.D. c. Platting. All planned commercial developments are subject to and shall be developed consistent with the requirements of Chapter 2, Article III, Section 2 and Chapter 4 of the Boynton Beach Land Development Regulations. d. Site plan. All plans for lots or parcels proposed to be developed within planned commercial developments are subject to and shall be developed consistent with the requirements of Chapter 2, Article 11, Section 2.17., Land Development Regulations. e. Building Permit. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 2, Article IV, Section 2 of the Land Development Regulations are completed in every respect. (Ord. 10-025,passed 12-7-10) Sec. 4. SMU Mixed-Use Suburban District. A. General. 1. Purpose and Intent. The purpose of the SMU zoning district is to implement the mixed uses low ( SMXL);and -development of regional impact (DRI)_ ++ subsequently � 1 €d uture land use map (FLUM) classifications of the Comprehensive Plan. In order to guide the redevelopment and envisioned growth of the suburban area, the SMU zoning district requires a diversity of land uses, accommodating a mixture of residential, office, retail, recreational, and other miscellaneous uses. Ideally, the SMU district is intended to supplant the PCD district for new developments and projects to encourage the inclusion of residential uses and well-planned mixed use projects designed in accordance with smart growth principles and best planning practices. Densities of such developments shall eef:eR .en � *'- *',e rest)oeiive FLT elassifie, e 1;ri ---- be no greater than twenty (20) dwelling units per acre. This mix of uses may be arranged either vertically or horizontally within low-to-mid-rise developments. The review of SMU applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. The specific objectives of the SMU district are as follows: a. Support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area; 30 Page 480 of 600 b. Create major new mixed use areas in planned locations with appropriate densities, heights, and mixture of uses; c. Create attractive pedestrian environments through appropriate separation from and design of vehicular circulation areas; d. Provide public plazas and gathering places that are both well-designed and integrated into the overall design of the development; e. Allow flexibility in architectural design and building bulk, while maximizing compatibility and harmony with adjoining development; f. Create higher quality environments for residents, businesses, employees, and visitors; and g. Encourage innovative design that achieves vertical and horizontal integration of uses. 2. Prerequisite Location Standards. The SMU district is ep+ .,,,,.i .414_,e, +'_efe ii reates an opportunity to promote sustainability with respect to land use, energy conservation and,resource management_ eeftt4y. Rezoning to the 41W-P-SMU district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The SMU district shall only be applicable to lands located west of I-95 on assembled parcels along major arterials. de of the downtown fed€��i� B. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. C. Additional Use Regulations. 1. Mixed Uses. Buildings containing residential and non-residential uses are required within the SMU zoning district and shall be subject to the development standards indicated in Section 4.D. below. With the exception of designated live/work units, no residential uses are allowed on the ground floor of mixed use buildings fronting on arterial streets. The ground floor of mixed use buildings shall be reserved for non- residential uses. 2. Design. Mixed use projects containing residential components shall include appropriate design, materials, and site layout in order to maximize compatibility with residential uses located on upper floors. 3. Live-Work Units. The city contains special regulations regarding required parking and allowable signage for live/work units (see Chapter 4, Article V, Section 2 and Chapter 4, Article IV, Section 3.C.13., respectively). D. Building and Site Regulations. 1. Building and Site Regulation (Table 3-218). SUBURBAN MIXED-USE(SMU) DISTRICT Types of Uses Residential Single-Family Other Uses(includes Building/Site Regulations (Attached or Detached) Multi-Family Mixed-Use) Density(dwelling units per acre) 20 20 N/A Project Area,Minimum: SMU district- 10 acres' Lot Area per unit,Minimum(square feet): Flexible4U Flexibles=i—'- 10,000' Lot Frontage,Minimum(feet): Flexible4U 100 100 Living Area,Minimum A/C(square feet): 1,2004' 750" 750" Floor Area Ratio(FAR),Maximum: N/A N/A 4-92_5&6 Structure Height,Minimum(feet): 3592 3542 35`2 Structure Height,Maximum(feet): 35 5544,448 55'14,48 Build-to-line(feet): Front: 10'1 10' 33 4•'4 10' 4-4-715 31 Page 481 of 600 Building Setbacks,Minimum(feet): Side: 15 corner 10 end 10,14 044,441 4'442 Rear: Flexible4U 1564 Flexible�?,4--U Usable Open Space,Minimum(square feet): 30%111 172U 20%910 11,4- 200/6111` rCixnai��'" � 41. Porches maybe placed forward of the build-to line and shall maintain a minimum two(2)-foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is twenty(20)feet. Where less than twenty(20)feet,garage access required from side or rear. 42. Projecting feature(s)such as awnings,balconies,porches and/or stoops may be placed forward of the build-to line and shall maintain a minimum two (2)-foot setback from any public sidewalk. 5-3. Front yard build-to line along major arterial roads,a maximum of ninety(90)feet inclusive of a twenty-five(25)-foot landscape buffer, including a bene.- 4-4 The height setback envelope in accordance with Section 4.13.3.below shall apply where adjacent to developed single-family residential zoning districts. T5. One(1)or more projecting feature(s)such as awnings,balconies,colonnades,porches and/or stoops required forward of the build-to line and shall maintain a minimum five(5)-foot clearance from any vehicle use area. Elements projecting over a pedestrian walkway shall allow a minimum nine(9)-foot vertical clearance and five(5)-foot horizontal pedestrian clearance. 96. Excluding ride..*;^' R parking structures. 37. Applies to any facade with arterial roadway frontage. Multiple-story buildings are encouraged along arterial roadways. The intent of this provision is to create the appearance,or simulate the intensity of,a minimum two (2)-story building. Conditional use approval required if less than the thirty-five(35)foot minimum. 44-8. Building heights between fifty-five(5 5)feet and seventy-five(75)feet to 44e peak a�44es4�do� s 4etai45-inay be allowed only for interior buildings(those buildings separated from the property line by another project building or use),if approved as a conditional use. 4.P.-2.-' X18 ie pt4 ems' ........r,�ig A-11 I1 a @Wed. 44-9. Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies,streets, drives,parking areas,or structures other than recreational structures. 4-110. At least fifty percent(50%)of the required usable open space for single-family residential uses shall be contained in one (1)or more common pooled areas and a rectangle inscribed within each common pooled area shall have no dimension less than seventy-five(75)feet. 4411. Up to fifty percent(50%)of the usable open space required for"inulti-family" and"other uses"may be hardscaped plazas and public gathering places. 4.412. To be determined on a case by case basis,depending on the overall project design. SMU dist4e+4&- 3-2. Height Setback Envelope. Minimum building setbacks shall be based on building heights. The height setback envelope is applicable where the SMU development is adjacent to a developed single- family residential zoning district. This minimum setback shall be three (3) times the building height for any multi- family or non-residential structure. The setback shall be measured from the common boundary of the SMU and the single-family residential zoning district or the midpoint of any intervening right-of-way. 32 Page 482 of 600 Mamirn u rn height up to M with md4bonal Lose apMwsi (need Irrovening building d abwang sr ll r ) Intervening ildi Adjacent cry: f famay residential A z Max 4 Pt, From 9mback: Aare.21T, �90' IOU s Arrdu�f rCy�ersi strtare to be set back 3 ann building E. Review and Approval Process. 1. All development and redevelopment within the SMU district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. 2. Site plan approval shall be required in accordance with Chapter 2, Article II, Section F. prior to application for building permit. F. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. See Chapter 4, Article III, Section 6.17.4 for additional community design standards pertaining to off-street parking. G. Modifications. Any modification proposed within the SMU district shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section .D.6. H. Miscellaneous. 1. Common Areas. Prior to approval of the final plat by the City Commission, the developer shall file association documents or alternative agreements that assign responsibility for and ensure the perpetual operation and maintenance of all common facilities of the development. The common facilities addressed within this agreement shall include but not be limited to the following: private streets, drive aisles, parking areas,plazas, open space, landscaping, and recreation facilities. All documents are subject to the review of the City Attorney. 2. Landscaping. a. Trees. See Chapter 4, Article II, Section 4.A.3.a. b. Irrigation. See Chapter 4, Article II, Section 4.A.6. c. Perimeter Buffer. See Chapter 4, Article II, Section 4.C.3. 3. Dumpster Location. See Chapter 4, Article VI, Section S.A. 4. Sidewalks. See Chapter 4, Article VIII, Section 3.D. (Ord. 10-025,passed 12-7-10; Am. Ord. 12-016,passed 10-2-12) Sec. 5. Mixed-Use(Urban) Districts. A. General. 1. Purpose and Intent. The urban mixed-use zoning districts are ffiesl�intended to implement the CRA Community Redevelopment Plans-,-rr-pa4-,_7by providing for a mixture of land uses, accommodating varying densities and intensities appropriate for each CRA district, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. The mixed use districts also support transit ridership, in particular through higher density and intensity development within the designated Downtown Transit-Oriented Development District (DTODD). Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the transit core, which is defined as the area extending one-quarter(1/4) mile from the train station. To ensure compliance with these Regulations, an application for site plan approval shall be required and reviewed concurrently with any 33 Page 483 of 600 request to rezone lands to a mixed-use (urban) district, except as provided in Section 2.D.Le. Also see Chapter 4, Article III, Section 6.H-. for design and compatibility standards. The objectives of the mixed-use (urban) districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit-supportive, high density and intensity development; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas, expanded public sidewalks, maximized internal and external interconnectivity and design of pedestrian-friendly vehicular circulation areas; d. Allow flexibility in architectural design and building bulk while maximizing compatibility and harmony with adjoining development; e. Create surrounding areas that complement rather than compete with the downtown; and f. Create higher quality environments for residents, businesses, employees, and visitors as determined by how well the urban centers function seamlessly with respect to interconnectivity between the principal uses, activity centers, and transportations systems, forming a cohesive and desirable sense of place. 2. Description of Districts. a. Mixed Use 1 (MU-1). The MU-1 district implements the Mixed Use Low (MXL) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of twenty (20) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the maximum density may be twenty-five(25) dwelling units per acre through participation in the City's Workforce Housing Program. In addition,projects located within the transit core of the Station Area shall have a minimum density of eleven (11) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. b. Mixed Use 2 (MU-2). The MU-2 district implements the Mixed Use Medium (MXM) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of�hir4y� forty (43-0) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area) where the maximum density may be ffy ( 4 50 dwelling units per acre through participation in the s Workforce Housing Program. In addition,projects located within the transit core of the Station Area shall have a minimum density of twenty (20) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. c. Mixed Use 3 (MU-3). The MU-3 district implements the Mixed Use Medium (MXM) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of€eery- fifty (4850) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the maximum density may be€sixty two and one-half (-5 }62.5) dwelling units per acre through participation in the Workforce Housing Program. In addition,projects located within the transit core of the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. d. Mixed Use-4 (MU-4). The MU-4 district implements the Mixed Use High (MX-H) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of sixty (60) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the maximum density may be seventy-five(75) dwelling units per acre through participation in the C Workforce Housing Program. In addition,projects located within the transit core of the Station Area shall have a minimum density of thirty five(35) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this new district is to facilitate the establishment of high density and intensity development nodes at strategic locations that support downtown redevelopment, while in certain location also providing a proper continuum of, or transition in scale between the Mixed Use Core (MU- C) and Mixed Use 3 (MU-3) Districts. 34 Page 484 of 600 e. Mixed Use Core(MU-C). The MU-C district implements the Mixed Use - High(MXH-G) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of eighty (80) dwelling units per acre, except within the Downtown Transit-Oriented Development District(DTODD) (the Station Area), where the maximum density may be one hundred (100) dwelling units per acre through participation in the s Workforce Housing Program. In addition,projects located within the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this district is to supplant the Central Business District (CBD) in the historic downtown and marina. 3. Location and General Use Requirements. a. General. The mixed use(urban) districts are intended for projects that promote sustainable design with respect to land use, energy conservation, resource management, and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The mixed use (urban) zoning districts shall be applied to selected geographic areas east of I-95, where a mixture of uses and building intensities is intended to implement the r;*y's GempPari CRA Community Redevelopment Plan;and urban design guidelines including goals involving compact design, transit-oriented development, employment,population, transportation, housing,public facilities, and environmental quality. Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and relationship to the downtown. Maximum heights, densities, and intensities of development are regulated to achieve, in part, the intended vision as established within the CRA Community Redevelopment Plan for each of the six planning districts, while ensuring land use compatibility. A master plan as a whole, comprised of individual buildings and parcels, would be reviewed for compliance with the requirements below pertaining to a residential component to the project, and commercial use on the first floor of a project. s of S y e �e�D- b. Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Mixed Use 3 (MU-3). (1) In order to complement the revitalization efforts in the downtown area, these NPJ-L—zoning districts shall be applied to lands consistent with the Comprehensive Plan Future Land Use Map and CRA Community Redevelopment Plan. S*Fpe* and See*ko„R* 's* S*r-e,.,* See the Community Redevelopment Plan for specific recommendations on locations and boundaries. (2) These MU districts are appropriate for low- to mid-rise developments that provide for medium density residential and low to medium intensity commercial and office uses. (3) The review of these applications will emphasize compactness, aesthetics and design quality, and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-24-2 in Chapter 3, Article III, Section S.C., all new developments within the MU-1 and MU-2 districts that contain a non-residential use shall front on streets designated as "arterial", or "collector", roadways on the Functional Classification of Roadways Map. All projects within the MU-3 district proposed within the transit core must contain a residential component, and all projects proposed within these Mixed Use intensity districts that front on an arterial road must have space on the first floor devoted to commercial or an active use. (5) Maximum height may be further limited in certain geographic areas to further applicable redevelopment plans and maintain compatibility with an abutting single-family district. c. Mixed Use-4 (MU-4). (1) The Mixed Use 4 (MU-4) district shall only be applied to land classified as mixed use-eefe-high (MXH-G) on the future land use map as recommended by the Community Redevelopment Plan. (2) The MU-4 district is appropriate for high density/intensity development intended for designated 35 Page 485 of 600 nodes, T ea+eA east E)f tile FF planf * e � fAI'l--',�° � . Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District (the Station Area) must contain a residential component and have space on the first floor whi eh shall he devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map. d. Rezoning of s-Single-family d-Districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development shall be consistent with the CRA Redevelopment Plan for the gpplicable district,Red e;.e e en+ r,;s ,-; (2) Ratio of lot frontage to depth that is no more than one(1) foot(frontage) to one and one-quarter (1.25) foot (depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. e. Mixed Use Core(MU-C). (1) The Mixed Use C (MU-C) district shall only be applied to lands classified as mixed use-high (MX-H) on the future land use map. (2) The MU-C district is appropriate for high density/intensity development intended for the downtown area., Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District(the Station Area) must contain a residential component and have space on the first floor whieh shall he devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map. f. Rezoning of s-Single-family dDistricts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development based on the standards indicated in Table 3-24-2; (2) Ratio of lot frontage to depth that is no more than one(1) foot (frontage) to one and one-quarter (1.25) foot (depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. B. Use(s)Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D. C. Building and Site Regulations. 1. Building and Site Regulation Table 3-2-�2 . MIXED USE,URBAN(overlay regulations may apply.See Section 8 MU-1 MU-2 MU-3 MU-4 MU-C below. Lot Area,Minimum(acres): Public park: N/A N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100 150' 200 200 36 Page 486 of 600 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)' 4 55 65 75 100 150/125' Maximum Density(DUs/Acre)",12 20 40 50 60 80 Maximum F.A.R.11 4-42_5 X3_0 3.0 4.0 4.0 Build-to-line(ft.)': All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setbacks,Minimum(ft.)': Rear abutting Residential single-family 255/05,6 255 255 255 255 Intracoastal waterway 25' 25' 25' 25' 25' Side abutting Residential single-family: 255/05,6 255 255 255 255 Usable Open Space,Minimum(sq.ft.)' N/A N/A 4/4— 1% 2% 0.5 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. Reserved. 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five(35) feet cotlslscc„t fors dept i of a minimum of 1i t� (30)t Wit. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. Maximum heights may be increased in the DTODD through participation in the Workforce Housing Program. 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one(1)additional foot for each foot of height over thirty;-five(35)feet. 6. Where there is an intervening right-of-way of at least forty(40)feet. 7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone” (PZ).Building placement is a factor of roadway type and CRA district,which determine s the mini ti,tit i,width and design of the PZ. t;x- +w+e-t'C'he minimum PZ�k M- 49L,44�11I4 4*M 1€-Is coii11.3'Hs [ed o I C1111�)P I"'IC` 1 d 3 fi t` R)ot "vi dl- str-let tr c a `l.111t':3`�U]",d fiwi11 til-1 back of t11C 4llrb, o= fUtLTIT 4Llri o,1 f4)ad` ' tlt':irl ;1(;,IC oia\ - m- lt"l[IC) --�)_l'I-m 1P'IC( � C Cci1 t �) focC-An Id `1C.At lf.- ' '_4)117._ oi?Ctractlouis,mc:t`�C1r d fiom Ci1c ccuIC``," IilI o� Cio" C, `3,"I.d.3d 3'I I<';IC t �oo[ `t'Id :lcClt` :llc`l.llliw:t`ttl" d 410111 ti"7o sId` v:1lk.. 1 he PZ compo,,mnt`�may vary fi 7i 6"1]YC IC C1'd 0 1 G 0 1 `I[ ` tt IC 7.Co it, CI'"1« I I,',,7:C'04 it':tV, Iii tlOi"'t . See Section 5.C.2. below for additional relief provisions from build-to line requirements. 8. Listed eligible historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two (2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 for additional regulations. 10. Projects within the transit core shall have minirmun densities as follows:MU-1 -eleven(11),MU-2 -twenty(20),MU-3 - thirty(30),MU-4-thirty-five(35)and MU-C-forty(40)dwellings per acre(except that minimum density for the MU-C district applies to projects located within the entire station area). 37 Page 487 of 600 11. Projects within the transit core shall have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0)(except that minimum FAR for the MU-C district applies to projects to be located within the entire station area). 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the Station Area)maybe increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program. 2. Minor and Major Variations to Build-to Line Requirements. Notwithstanding the required build-to line I c dgstx-i �4 r n4e requirements of Note 47-44 above,portions of buildings and structures may be constructed in excess of the distance specified in the above table, but not to exceed fifteen (15) feet in order to 1) optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks,plazas, fountains, or outdoor seating areas in order to farther the purpose and intent of the Overlay-Z-effe. Major deviations from the build-to line requirement above (in excess of fifteen (15) feet) may be allowed, but only with sufficient justification and contingent upon the approval of a Community Design Appeal application (see Chapter 2, Article II, Section 4.13.). 3. Additional Standards. See Chapter 4, Article III, Section 6.H. for additional standards related to urban design and building location for properties located in within the transit core of the Downtown Transit- Oriented District Overlay Z-ef+e-(the Station Area). D. Review and Approval Process. 1. All development and redevelopment within the urban mixed use districts shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. 2. Site plan approval shall be required in accordance with Chapter 2, Article 11, Section 2.17. prior to application for building permit. E. Parking. 1. General Requirements. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 2. Reduced Parking Requirements in MU-H District. See reduced parking requirements for specific uses within the MU-H district in accordance with Chapter 4, Article V, Section 2.13. 3. Off-Street Parking Facilities. The mixed use (urban) districts contain additional standards relative to location and appearance of off-street parking facilities. Refer to Chapter 4, Article III, Section 6.17. for these additional development standards. F. Miscellaneous. 1. Access. See Chapter 4, Article VI, Section 3.C.8. 2. Building Location. See Chapter 4, Article III, Section 6. 3. Location of Dumpsters and Trash Receptacles. See Chapter 4, Article VI, Section 4.C. 4. Shade and Shelter. See Chapter 4, Article III, Section 6. 5. Sidewalks in MU-H District. See Chapter 4, Article III, Section 6 for community design standards related to sidewalks. 6. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.13.5. (Ord. 10-025,passed 12-7-10; Am. Ord. 12-016,passed 10-2-12; Am. Ord. 13-013,passed 6-4-13; Am. Ord. 14-009,passed 7-1-14; Am. Ord. 15-006,passed 3-2-15; Ord. 15-023,passed 10-6-15; Am. Ord. 16-023, passed 1-3-17; Am. Ord. 17-023,passed 9-19-17) Sec. 6. Industrial Districts. A. M-1 Industrial District. 1. General. The purpose of the M-1 zoning district is to implement the industrial (I) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to allow industrial uses that provide opportunities for the retention and expansion of economic activities associated with manufacturing,processing, or assembly plants, including their support enterprises for warehouse, storage, distribution, research, and development. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations Table 3-22L3). BUILDING/SITE REGULATIONS 38 Page 488 of 600 M-1 District Minimum lot area: 10,000 s.f.i Minimum lot frontage: 0 feet Minimum yard setbacks: Front: 15 feet Rear: 20 feet Abutting: Residential district(s) 30 feet Interior side: 15 feet3 Abutting: Residential district(s) 30 feet Corner side: 15 feet Maximum lot coverage: 60% Maximum Floor Area Ratio (FAR) 0.504 Maximum structure height: 45 feet A property that does not meet this minimum size shall be considered conforming only if it contains a whole platted lot and was not in combination with other lots under the same ownership at the time of the effective date of this ordinance(October 2,2012),in which the cumulative size would have imet the minimum required by code. Any such undersized lots that are further subdivided and reduced in size shall be considered non-conforming pursuant to Chapter 3,Article V, Section 11. 2 Where rear yard abuts a railroad right-of-way or any paved alley,the rear yard imay be reduced to ten(10)feet. 3 Where rear yard abuts a paved alley or street,then no side setback shall be required. 4 A floor area ratio(FAR)up to 0.50 imay be considered for industrial uses allowed within the M-1 district(see "Use Matrix"— Chapter 3,Article IV, Section 3.13.),pursuant to the industrial future land use classification of the Comprehensive Plan. ��-^or-c�cztC-cccczv��a�vires 4. Review and Approval Process. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. B. PID Planned Industrial Development District. 1. General. a. Purpose and Intent. The purpose of the PID zoning district is to implement the industrial (I) and development of regional impact(DRI) future land use map (FLUM) classifications of the Comprehensive Plan. The intent of this planned district is to: (1) Provide for current demands for light industrial and other compatible uses in a planned setting. This district is intended for development that reflects changes in technology and is capable of being designed sensitive to the environment; (2) Create a desirable environment for employees, customers and others traversing the PID as well as with respect to r,,,feno and fits -e adjacent residential development; require economies of scale in providing public services; require placement within close proximity to other employment centers; and provide internal and external connectivity through optimal design and access to available modes of transportation. b. Prerequisite Location Standards. The PID district is ep+i ,,,ffi is, reates an opportunity to promote sustainability with respect to land use, energy conservation;and resource management_; soY. Rezoning to the PID district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and 39 Page 489 of 600 modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. In reaching recommendations and decisions as to zoning land to PID, the advisory board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Relation to major transportation facilities. A PID shall be so located with respect to major roadways or other transportation facilities as to provide direct access to it without creating or generating traffic along streets in residential areas or districts outside it. (2) Extensions of city-maintained waterlines, sewer lines,pumping stations, streets and storm sewers, etc., shall be constructed at no expense to the city and all such construction shall be in accordance with city ordinances and specifications. (3) The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended. 2. Use(s)Allowed and Use Approval. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-23-4). BUILDING/SITE REGULATIONS PID District Minimum project area: 25 acresi Minimum lot frontage: Flexible Minimum yard setbacks: Front: 30 feet Rear: 30 feet Interior side: 20 feet Corner side: 30 feet Maximum lot coverage: 60%-' Building Separation: 25 feet Maximum Floor Area Ratio (FAR) 0.5} Maximum structure height: 45 feet¢' Twenty-five(25)contiguous acres. 0 of 7 n 13,7 D1 No more than four(4)stories,with the exception of buildings in mixed use pod of the PID pursuant to Section 68.8.below. 4. Review and Approval Process. a. All development and redevelopment within the PID district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article 11, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the PID shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article 11, Section 2.D.6. 40 Page 490 of 600 7. Miscellaneous. a. Perimeter Landscape (Greenbelt) Buffer. See Chapter 4, Article 11, Section 4.C.3. b. Off-street Loading. See Chapter 4, Article VI, Section 3.13. c. Building Permit. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 2, Article III, Section 2 of the Land Development Regulations are completed in every respect. d. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. 8. Mixed Use Pods. a. Intent. The purpose of these provisions is to establish small mixed use nodes containing a combination of residential, commercial and office uses in close proximity to employment centers and available modes of transportation, while also meeting the intent of the PID district described above. The mixed use pod is intended for a master planned setting that provides optimal internal and external connectivity for residents, employees, and other visitors, and generally follows the livability and connectivity standards promoted in the smart growth initiative. For the purpose of this subsection, a mixed use pod is defined as a development project located within a previously approved PID. The following criteria shall apply to mixed use pods proposed for development within an approved PID. b. Establishment of a Mixed Use Pod. To ensure attainment of these design objectives, as well as to accommodate adequate buffering to ensure compatibility among varying uses, a PID district eligible for a mixed use pod must contain a minimum of five hundred(500) consolidated acres. The establishment of a mixed use pod shall also conform to the requirements of this section, and be in accordance with the process requirements of Master Site Plan within a mixed use pod (Chapter 2, Article 11, Section 3.A.). c. Density. The PID district corresponds with the industrial (I) and development of regional impact (DRI) FLUM classifications; however, residential uses are only allowed within a mixed use pod of a PID that has a DRI FLUM classification. Maximum residential densities shall be in accordance with the thresholds established for the respective DRI. d. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. e. Building and Site Regulations. (1) The maximum building height within a mixed use pod shall not be greater than seventy-five (75) feet. Any building exceeding forty-five(45) feet in height shall be processed as a conditional use. -S pfepe_ peak of the Stfl-Hiettife, s,,, ,..1,oiiR oio., , sh Pts o,,. (42) Height setback envelope. Minimum building setbacks shall be based on building heights for buildings greater than forty-five(45) feet in height. The height setback envelope is applicable where the mixed use development is adjacent to an existing developed single-family residential zoning district outside the PID. This minimum setback shall be three(3) times the building height for any multi-family or non- residential structure. The setback shall be measured from the common boundary of the PID and the existing single-family residential zoning district of the midpoint of any intervening right-of-way. f. Parking. As required by Chapter 4, Article V. g. Modifications. (1) Any modification proposed to a Master Site Plan for a mixed use pod within a PID shall be in conformance Chapter 2, Article 11, Section 3.A.6. (2) Any modification proposed to a technical site plan within a master site plan of a mixed use pod within a PID shall be in conformance with Chapter 2, Article II, Section 4.H. h. Miscellaneous. Any request to waive a standard zoning regulation within the mixed use pod shall be in accordance with Chapter 2, Article 11, Section 3.D. (Ord. 10-025,passed 12-7-10; Am. Ord. 12-010,passed 6-19-12; Am. Ord. 12-016,passed 10-2-12) Sec. 7. Miscellaneous Districts. A. REC Recreation District. 1. General. The purpose of the REC zoning district is to implement the recreational (R) future land use map (FLUM) classification of the Comprehensive Plan. It is the intent of this conventional district to 41 Page 491 of 600 accommodate and preserve recreational areas for current and future uses consistent with the Comprehensive Plan. This district shall apply to those existing and proposed recreational areas not located in planned unit developments. Included in these areas are both public and privately-owned recreational tracts and the Intracoastal Waterway (ICWW). 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-254). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS REC District Minimum lot area: 1 acre Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 25 feet Rear: 25 feet Interior side: 25 feet Corner side: 25 feet Maximum lot coverage: 50% Maximum Floor Area Ratio (FAR) 0.5 Maximum structure height: 45 feet rT f f �J v INTat to eKeeed fe I\ H�01.- 4. Review and Approval Process. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. B. PUPublic Usage District. 1. General. The purpose of the PU zoning district is to implement the public and private governmental/institutional (PPGI) future land use map (FLUM) classification of the Comprehensive Plan. This district shall apply to those areas within the city whose ownership and/or operation is public, or whose use is primarily public or institutionally-oriented, exclusive of those areas whose use is primarily recreational. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-24�6). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and building comply with the following regulations: BUILDING/SITE REGULATIONS PU District Minimum lot area: 8,000 s.f.' Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet' Rear: 25 feet' Abutting: Residential district(s) 30 feet Interior side: 15 feet' Abutting: Residential district(s) 30 feet Corner side: 15 feet 42 Page 492 of 600 Maximum lot coverage: 50%' Maximum Floor Area Ratio 1.0' Maximum structure height: 45 feet Hospitals only: 60 feet For hospital buildings,additional setback in excess of thirty(30)feet shall be required for any height over forty-five(45) feet. The additional setback shall be ineasured by calculating three(3)additional feet of setback for each foot in height above forty-five(45)feet,not including minimal roof top equipment that are eligible for height exception in accordance with Chapter 2, Article II, Section 4.0 =. �lu�7ici al« erat�rr7s a�7d er�rer4 er7cc I`acil t cs. sser7tial seri ices ar7d su �rrt i�7liastructare are exe�r t from selected site stai7d jrds iii the Pohle Uswe Zoiiiii District iiid«tber at��l c jlal�diytrt ict5 ill jcc�rcill�7c�� t17 C17 j�t�r ......L�t7i174 flrticli I1. �ecti�rn 1 1. 4. Review and Approval Process. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. (Ord. 10-025,passed 12-7-10) Sec. 8. Overlays , beeity has established a single tffban eor-e af:ea to attffa !high intens4y, high dens4y, Multi-tise developmen!in RHEI e F-1...1-1, !he 6ity'S FedeVel0f)ffief4-�s. The land that Shall 6E)PAPFiSe the UF-baft Gefitfal . T 'Tj'_ d zoning -,;-+-;e+ allow high ifliens4y ffitilti use nrnaran Flefida Ad—inistfutive Gode Rtile 29-24-.044,1 lw" as they May-be amended -14-0m +;__ +_ +;__ -A. Martin Luther King Jr. Boulevard Overlay . 1. Intent. This o;,zer-lay F-one has be *-es+ftblished AT—on 24424 Redevelopment Plan, whieh identified--a segment of the Mai4ifi btither-Ki__ T fe,F+e e;o er,.v ffie„4 aria .0.,;4„4F 4 e This overlav identifies a segment of the Martin Luther King Jr. Boulevard as an opportunity for redevelopment and revitalization. The ultimate design and site standards of this section are intended to create a traditional street corridor with pedestrian improvements, storefronts along 43 Page 493 of 600 the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance,potted landscaping, store windows and public open spaces. This overlay c—is also appropriate for development of small properties to allow for consistency with the vision represented by the respective mixed use zoning district, and/or as an interim redevelopment mechanism until greater redevelopment occurs using the respective mixed use zoning district. All development within the Martin Luther King Jr. Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. 2. Defined. The Martin Luther King Jr. Boulevard Overlay Z,9ffC—(MLKBO-A)is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of Federal uigh4�,.,.,right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and development as a unified project. 3. Use(s)Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3.D.). 4. Building and Site Regulations. Development within this Qoverlay Zefw-shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: a ----a—,Parcels that have frontage along Martin Luther King Jr. Boulevard lap "�? et.$....e. m-44 €-x-"E 4_i"_ +*k+, hl l 31C? "IC� for the b ' d "�� s ' 4 „ �� he mi -rig c�m �PZ is �4 s� is 4 � „�� e11 co t hent f) ..., five.... t t t �yide street tree M cg � ,easuxed fro tlie back of tlie eux E- of f utux-e euxb oil roads xe(lucxllla xzitalt t2f �y dedication, 2) an eigIl _ .8) foot wide sidewalk, free from obstxuet 01'l measui-ed f'i-om, tlie eel-iter-lii-te of"stx-eet tree-sricl `l. rt e.iLli1..,�� t tit �yide active area, measured from the sidewalk, The PZ CO 01tel-ItS av_ta y it laeement order oriny g-t sctes_wth--- c lit t�f v x e4tul tt� � dee ee- conf` ictt �tx 1x e I build to l ne xe0 11emelits. b, Notwithstanclins, tine line and pte trian zone xe� jjeme�_1L L111LCIns of buildc��L and structures may be constructed in excess of the distance S Ccif ced above, but not to exceed f feet when necessary to-f�_)11...1..i.......ze landscape des �E.x .......... ..... ....lsite drainage solutiorls `l ---- -- a ------ � . . u ..�............................ accommodate ar hitecturures t and bucldc�_�g e.�jq!1�g Me-nts.__ nd/��r-_and/or erg ise-e-mtlm�anc—e._. uE)ltc s gge uc� as sidew ll 1 f u �t c � �x utcl�o seatin areas in order to f uxt sex ti e 1........................................................................................................... ...................................................................................................................................................-_................................................................................................................................ pjj_tU> e and intent fof the Overlay., excess off) feetf r ay -j� l \y�jt, Et LLrd vitl� uf`f cc e �t a tific t � � �d ccs �t �4te tt:u t tt! 2tMoval of a Community Des..Lri � eel � �lcmc tion(see ha ter y Article 11 Section t Ilf cb. Minimum interior and corner side setbacks and rear setbacks shall be in accordance with the Mixed Use 1 zoning district (see Section S.C. above). dc, Maximum building height shall be fifty- veq�44*t* ,+4 feet ild:ing, f�z lt«4�� Nja tin�.uthet_ Lc �� 1x Bouleva d spall be a maximum of tluxt c e �� feet c��sc�te��t f��x � de�t� often fly feet. `t......................... .. .. 1...........................................�__� )........_ e. N4iriimum E wild i,10_ e'iob---------------------------------spall be thirty f ! f� t___ 5. Parking. As required by Chapter 4, Article V, Section 3.D. 6. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.13.5. --G-B. Urban Commercial District Overlay Zer, 1. Intent. The purpose of this zexe-overlay is to encourage the development and redevelopment of commercially-zoned parcels in a manner consistent with the pattern of development of parcels with mixed use zoning classifications. 2. Objectives. The objectives of this overlay z�are as follows: a. Support and enhance revitalization efforts along the city's commercial corridors within the redevelopment areas. b. Improve aesthetic and pedestrian streetscape environments by preventing the placement of off-street parking between the front of the building(s) and the rights-of-way. c. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the defined area. 3. Defined. The Urban Commercial District Overlay Zone—(UCDO-A)is established in!h€ eity by the following boundaries: 44 Page 494 of 600 u L',,,defa1 II;.,',.. ay !'en-:def!''effi , ity Rede�.o',.pffieti Pari_ The boundary is the city limits to the north, the Intracoastal Waterway to the east, the city boundary to the south, and the Florida East Coast Railroad(F.E.C.) and Palm Boulevard (Northeast 4th Street) to the west. The legal desel4 Eytt..: � la.. :v 11 It � 1 + Iy.. a I 4- 1 X17 4. Conflict. In the event of any conflict between the provisions of the Urban Commercial District Overlay Z-effe-(UCDOZ-) and any other sections of the Land Development Regulations, the provisions of this section shall prevail. These provisions shall not be construed to supersede any federal, state, or county laws; and/or any rezoning of lands to a mixed use zoning district. 5. Building and Site Regulations (Table 3-267). Development within this o4verlay Zoffc—shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: BUILDING SITE REGULATIONS Urban Commercial District Overlay Build-to line ll: Front(abutting any public right-of-way): 0 ft.4 Rear: 0 ft.4 Interior side: 0 ft.4 Minimum yard setbacks: Rear(abutting residential district): 30 feet Interior side(abutting residential district): 15 feet Maximum structure height: Zoning Iil Ci"I (Yllr,. -------------------------------- ---- CI �1 f„''[ �fCllll C I �7,Fv)7 t� ilrlCm Sma 3C lil a 4lrl Clrri At IL 17 CI�'1C�lrl ....... t C-E-°i t nd ,pt..°,.l'4. Dlaz .s or t'gC�;..'I C R.�&�:'.i:iona.l.sc,11tt Cag.'."i 'L;C'E-"i"it'` e. s.''i)?"C-...-.i)''''6 t§i.:':'"6 .E .C"si'''t':'t 4 'L;'.. 1.. 3. g,nhn?R;8"•E,,no;.n PZ is cC)Illl>risod o,,t-.lim-m 4.111 30 rl rtt 1) a...five (.- fbot vvid- strect tree ai,c 1,t�lbw:l`iUred ;om 01-1 back of 01.1 curb, 4)f'iLl[LTIT curb oui ('CLIC)`, f'-- lll!Irl 3 ;I 1C'�C \t L�._ II�-�C14)rl-2,)-a[ ui (1-0) �ooty i �1C��yyalK. �"6— f;om 4)��:stractiouis,t176.:1`�Llf'- ;41111 017 C Ifln 4) strec[ tre,s, a,,i �) l'L 111,1[ �� 10107[ \i'1) :ICtIv� rlF� .L1l :I CT �l �IC1111t C `�i)�\ ) . C'�l ��a C)711i)Pr1�11[`-117 � I'v 1�1 7)IC 111r{tC .(_.. _ % c C7, ) Y'C7iliy C7i1 CiIL `i vi ICi"I 4 C uiffi4 ti"jg;I< 1C C7�°y`t'ity i?Clii PIC7il BSc �ccrioui `?.(.,.2. �`c10 f.br i3C dirioui li I�SI�f.�17rov JsJo,,-is �l'om build-to il1lt_ rcLLlI'�1176cults� .-.-.-.-.-.-.-.-.-.-.-.-.-._ �''`-°- el•I--£��rE.s.§g�,s.c�...z§-4£'-Ctt'�C=ekc;€-eki-k.'Cr-§"ta§-t-t--�'E: l�ae'-mrdr ia3=z' I;s=�c"C'ir` '- E.:'"rd-��r . . �§=dot's}.-rrC�:-g3�C'dt,=e'S'm.mar.=Y"€-tr.; �. c '4l-§ �Ie.}Cr¢.:-'ins-i�(ti`v'r§ ..srkasr-§k.' C;_._ Sl€ P e-d-&FC2,3 Wit:... Notwithstanding the required build-to line wid;tipod-str i ui zo,,ig ------------- requirementss,portions of buildings and structures may be constructed in excess of the distance specified above,but not to exceed 15 feet when necessary to 1)optimize landscape design;2)maximize on-site drainage solutions;3)acco>mnodate architectural features and building enhancements; and/or 4)to otherwise enhance public spaces such as sidewalks,plazas,fountains,or outdoor seating areas in order to further the purpose and intent of the Overlay_ei�. Major deviations from the build-to line requirement above(in excess of 15 feet)may be allowed,but only with sufficient justification and contingent upon the approval of a Community Design Appeal application(see Chapter 2,Article II, Section 43). =' Shall be defined by the applicable zoning district. 6. Parking. As required by Chapter 4, Article V. 7. Miscellaneous. a. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.13.5. 45 Page 495 of 600 b. Building Location. See Chapter 4, Article 111, Section 6. c, --c-,---Shade and Shelter. See Chapter 4, Article 111, Section 6. C, Otlaircil I)islricl Overktv,_ _(K_I?Q)Js c _-,21.,I[ised of'multipjg.,_Dij) id a --------------------------- ---------- mix of"ZonirlLdistricts that currently accommodates residential (sirigle--. two-- and mutt i-jam ily). . . . ......................................................................................................------ commercial and institutional land uses. The CRARedevelr�rcnt Plan recommends the N4 ixed Use Medium 1"'uture I..,and Use Class i fication for a majority of'the District, which allows a maximum densitv of" ---------- --------- Lfi fty_(5 L i rt r acre the remainder ref tlie District is recommended for tile Mixed Use Hi Ldl ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- _ 1 0 li ,rhe f"uture band Use Classification and the co)ir-ir-esL)ortcfiriL�-magi-mum--dei-isitv of'8 -dwel E& its12_91.1�11�....................... a, Provide for a mix of"selected commercial. residential office and entertainment uses and activitic.I.S. witli an_g� is oil arts and cultural ventures that will encourage tile qdMive re--use of ex isting ...............................................................................................................................................................------------- ------------------------------------------------------------___ LbluLildrim _-i-estoi-a-t-i-o-i-t--o-f"-Bistro-IC--Stl'Uctul,e,- an_d_-----m---a-int-a--in---acrd_----- _,,,trian scale ai-id ................................ ..character -of"the area-. Lb), Ertcoura� thelocation ip cially!�Llail, at related uses and entertainment establ slim ts al no — ---j-------------------------2f I ar lv.t -------- -------------------------------------------------------------------------------- i m vements that would com lement and spA? _1,2��Ilyeen the I P-12 J2 .......................... downtown district and marina / waterfront attractions to the east and the cultural / civic carr Dus_tri_til _e_ wesL. c. Initiate imi,)lementation of"various recommendations contained within the CRA Redevel�jpj g2l -------------------------------------------------------------------------------------------------------------------- d, Stimulate areater awareness-of"and DI-ide in the 0tv's architectural. historical, and cultural helltage', ---------------------------------------------------------------------------------------------- e, Ensure that redeveloment witlii-i-t--tli-i-s-area -i,e�2�ai,dless of"underlyiLt,g L,, -cfistjct Mill maintain art - -- - ---------------- V riate develQ and ..................................... ............... Lf:, Ir_n- N��Loverall livability f�ffie g� -al area and ellballce p - lues, V�C�L ------------------------- _2f q,�qei----------------------------------------------__ I �- ----------- 2. Defined, The Cultural District Qverlay,,(�._7j !)_, be bounded oil the east b the F"lorida East Coast , - �L 1!---------------------------------------------------------y---------------------------------------- Railroad (F`,E,Cj. oil the west bv S-ea-crest Bou-le-vard. oil the south Ery-Soutlie-ast-2-i-t-d--A-v-ei-tue. and oil the Liort!i LnN L ortligast I st Avenue, —-------------------------------------- 3. (..,onflict. Unless deemed otherwise by the Plal L�jqL 11 ---------------I Z2n i---L Administrator err tile-eve-lit-ref'.91ly- conflict between the KOVIS1011S of'the Cultural District Ovei-lav-Z-oi-te--ai-id--ai-tv--otli-e.i--s-ecti-oi-ts--of"-tlie--l..,a-i-id--. s Tiles tile isions ref section shall ail, e shall not be construed - ------------------ _p ------------------- ---------------------------------------- - --------------------- -------------------------------------- arty couritv. state. or f`ederal laws, 4. [Jses, Active commercial uses small be re wired oil the street fi-oi-itaL�e--of"-Oceai-t--A-ve-i-t-ue a. Uses shall be determined by the underlyiLigM gjO 328 *ctUse . see " atrix Table " _z _�-LLJJ_stj glion 31j... _j� ��Ption oftile followil-IL_I? uses- ------------- --------------------------------------------- ----------- lied) Auto Broker Automobile Rental Automotive. Major Re .................WIL Automotive. Minor ReDa-h, Auto/Car Wash, Self' serve Bay Auto Dealer. New Auto Dealer, Used Automotive Parts Store Auto/Car Wash (Po"-L' -7-a MUD. Automotive Installation/Alarms --------------------------------------------- DrIve--thru facilities 46 Page 496 of 600 fay._' Trade I..,abol--Pool_. L�Eg_j:y_jjejp') ------------------------------------------- Boat Deal er/Rental Lleat�ing_5�!pp NJ rn rn i�rt itorial) Convenience Store Gasoline Station Showroom WaLdlouse-,sirl�I1,1 - __ � Merchandise, Used (Other) Njerchandis;S,New LSupercenter, Disc ------------ P2111 jj2nj:g�ovement Center ...............----......................... 2 Lin-op -ated L.,aundrs -- g------------------- f"uneral Home fsi Cemetery ( —hurch - Civic & f"raternal Club/ Orp�i zat i on Grou University ........................... S LchooI. Primary t1 µ Y. School. Industrial & Trade Adult entertainment LFLemp rn C enter Private Pati in L,ot s Social service agg.. b, Anv other automobile-oriented uses not listed above a e ohibited, -------------------------------------------—----------------------------------------- �hibite�,_ �m_._An "automobde oiented use" sla-- be constmed as a business whic", 'has a t)II-J-1-CiDa, �211,.-sgEJLOLUL- -a---u--t--o----,----b--le--- ----or consists of a buildh-w�-tvp -e Which is ------------------------------------------------- �g2jjji........................................ J1 e s i gae d for an automobile. such as drive-thru facilities. C, but anJ I.Ave-W011 units ai-e DCLI�L[Ltdt--------in d, School Profiessional & Technical schools ai-e limited to those that teach the culinary-and-viseal — arts. e. Additionallv, 1-10 le ally ex istirlL� use shall be deemed non-confon-n a 0ati ns, 5. Modified Buil dina and. Site Rea-ulations. Devel _1..L.v jo- -nent within thi Qverl� p L�A-- pi----- t�ctlhc�� and additions to exist* shall be in accordance with the buildi te ----------------------------------------------------------U1 -a-nd-s-i----- �jui-ons--- as f'ollows- MODIFIED 1.31JIL,DING/SrrE REG IJ I..,A,r IONS' Cultural District Overlay Mininatina L,ot Area- 110,000 _Q�Kru s(,�uare. feet Mininatina L,ot Fronta-e- 100 feet Pedestrian zone- Minimum street tree ai-ea', 5 feet *N4easured from the back of"curt-) Minimum sidewalk width2, 8 feet clear 47 Page 497 of 600 Street fi-ontaoes.). Overhead utififies- Must be any new developi _gL2 Street fi-ontaoes.). 30 feet feet Ocean Avenue .Reai-- 10 feet Interior side-. 0 feetl, No leg� setbacks, lot 2 S idewalks shall be constructed of"Holland--stone pavers. red/chai-coal color mix bv_Pa_v_er__ 'Minimum interior side setback standai-ds mav re, * -e increases when -ed historic structures 6 Permanent structures such as columns and walls ai-e n®rt [,)cn-nitted within the required active | 48 | Page 498 of 600 Pedestrian Zone Requirements I 'I'll I �I 01 CaI I I Sidewalk Active area Y m $trLt$t�G�r4&...... Building Mass ............................. Maximum Height r consistent for 36' r Per Zoning District Maximum Height 35' e Accessory Structures. a. l'ertces: ( F) l'erices a1om� �txc t._fx � �t ;�tc� ��t_ gri nitt c�_��rt_mEast_Oceartm�mvert _oi crest Boulevard, ...... c � 1� �L arty tj stiwt fmrttaae spall riot exceed thi-ee... fcct c��LcL 49 Page 499 of 600 L_j) corative in nature, \ATalls, chain I ink, boas-d on boai-d. shadowbox, and sim ilai-tVDCS of"fences ai-e ex., -pi-ohibited, ................................. [,-), A I I ii I 11L[2112,�L�ttrash contahiLL_ miscellaneous e(juiDment shall fie..... ----��2---j�� --------------------- -------------------------------------------------------------- lai-idscai)cd-to-be-sc-i-eei-te-d from-view, 7. Buildina Desion. a, Buildings in the Cultural District Overlg_y tyl (L shall reflect a Coastal Village st e ------------------------------------------------------------------ -------------------------------------------------------------Village ----- of'ai-chitecture, rectilhigai-forms with ai-ticulation, This associated with the f \ATest_4' culai-andnd throuL�hout tyles ofai-chitecture fo u Sout1 f[Iorida, OvveirlhariL s fo- destrian can)v s and visual interest should be d -------------------- _i�----------------------------------------- - ------- �whel sible, Overhead structur s oateways. andIH n d fine s R"f- vide ai-ches. I �e e- 2 o---------- p.Llestjan_comfol,t. ai-id-i-eii-if()i-c-e-cliai-actei--ai-id-idei-iliIL 1t1 �y_-structures--s-hall---Esc const_r_uc_te_dwith __ tl�c �clshall be sensitive to t I lie s-ca-le, ...... -- - J- ------------- ---- -------------------------------- --------- ------- -------- masshiu� a1id--desiL --elIVIS-1-012-ed--- b, Additions and Modifications to Existins, BuildingLjj_j,-juildhis, additions shall be sensitive to the ------------- materials/com---------------------------------------------------------------------- L) relative to the ac i- hitectural stvleb . uildh-w - a -=----------------------------------------------------------------------------—---------------------------------RQiLgA its nd-------------- treatments. and s_,__ c, f"enestratrioin-RRe(,j_uIremen-ts. Groundlevel buildina facade occu ie d by transparent window or door okening inin�hnum_area gs� (..,'oininercial Mixed— Residential Street Fronta-e [,.Jse Develo inents (IYO Ocean Avenue 02 SE2nd Avenue 30 Seacrest Boulevard 5 02 30' NE/SE P' Street 02 N3,d eet StI- - E/SE 50" N OTE S 1, These standai�-dsalso aply to anv r)ortion of Luound--level facade f`ach-w a - -------------- ------------------------------------------------------ court vai-d j? —--------OL _qILj, 2. To count towai-d this tranSDaL -aw_i_n_dow_ord2 21L L L - 2 - LL L must have a maximum sill hei�Jit of2 fe.et above Orade and a minimum -- - - -- - - _=------------------------------------------------ headheiaht of'6 feet ve 8 hiches abo ( —----------------- ---------------------- , (1) Anv tranMai-ent window alid dooround--level street-4achig -------------------------------------------------- LwilcEm _fkade shall comply with the followilu standal-ds- ------------------------------ ------------------------------ ---------------------- i, The ODC_C filled withvisible li�Jlt -----------------------------Z-- ----- ------------------------------------------—------- transm ittai-icL(yf_7_..)_�d�.,i-cei-t_t--ai-td--a--ma-x-im-um--i-effect ai-ice of-I 5_pg:� ,!- 11, The ODC11ing shall be des i g.�L&Ig-Allow view_.of i te 01' SDace at least five fe.et ---------------—----------------------------- ----- --------—----------------------------------- maynI-clude traditional storefront,ctLspIly ---------------------------------------------- Windows, but not merely;class dispIgLy_. q5�L�), The view into a commercial use dispIgv_ea5�_�l T not Eye ,rl)c-i-m-alie-l'itiv,--obstructed-b,y screens shades shutter 01'Oq!jef�hns UPI�led to the gjqzhig, 8. Parkin,-,. 50 Page 500 of 600 a, Ill ii-timumNumber of'Re(]Uil:ecl�S , ing -------------------------------................. ......---. ter 4, Article V, Section 2 -1 however, the total ---------------..................-------------------------------------------------------------..................... number of'r re uinew develoV! ent --------d-a -------------------- -------� excludhlg_j:e�idential p sets. Whert two ) or more ad i acentj2L�?ggrty owners combine their off" ------------------ ......... -—------------------------------------------------------------ strg.e,p I-t i lg in accordance with the code and construct a shareda �, ilitv with common -------------------------------------------------------------------------------------------------------------- ------------------------- access drives the total numbLr(yf requ-ired ofl'--street-p fj�j2l ------------------ ---p additional ten pc—g-, b, Allowable L,ocation of"Off` trees Parkhn-. 1. The intent of CDD is to screen offstreet,,,, a areas as from abutthli4 riahts(oyfr'wa� and p --------------------------------------------------------------------------------------------------- ---------- locate buildirws aloe a front and side cornerp Thei or -Ile _[%I��rt illes, -efore. on--site kin areas -------------------------------------------------------------- ---------------- -------- shall be located within rear and side interior yq!Litt - ' - new s thoseg �!-s--fo all----I------------------- ctand thse in which------------------------------------- 12-4Eking areas would be altered to accommo renovation dgl�g -p m g,�2ip�gn s I oil, ------------------------------------------------------------------------ ..................... k2"i-E, a ------ ,,gLkins, areas f e st de jgDI12�gL t,s,jj2,g,y_ILr_ndirCLf`file spq�g� -e unaltered as,.,l L 2SI LM ve !j_ of" �g.2jM,-jsiort, In these instances, theeI !ist nofTstreet -p — -------------- .......................................................................................... --o---------------------- in area ---a ie substai-itiallv-sci-eei-ted-f'i-om_Ll(f-p,, i-s-es--bv--a--Ii,ed�e,_-d-ecoi-ati-ve-fe.-i-tc-ilIL�,_-ai-cad-esox--a--- combination thereof, proy�ided tilatsu l� ro osal remains consistent with the intent of'the mg�jal rernains consister with he in rit of he C'j)(),and to the standards of the ur[)an landscal code to tie maximum -- .. --------------- ---------------------- ------- . deviation from the above standards would ------- ---- ------ Ej±_ChW e-r 2, A rt i c I e I 1,,,--S-e c-tio-rt-1,E-,, fvnl if orte hundred .g.-r--c---e---n-t----(-1-00- %----------o----f--"---t--h-e-11gired off stree in b --- N� -is are met: F ,��qethe may be Di-ov-ided--at--ai-t--off'--site--l-oc-atioi-t,,P-C�L ided-tlie-f'ollowiLUL_�g��i-t-i-oi---------------------- ----L from tile sub i".C ?I-O, rt, as LrLeasured Eryaflit Vine frorn a ij�t tett I:L [�)L ia A the (2 to tile closest n�ny------------------------- boundary I ine-of,the p rty -jgjg2� d (distances for municipal projects may be greater in —------------------------- -I�jj conjunction with an overall or downtown parking strategy),, 1-1 is_ owned or leased Env the owiler lease aaregment must b L ---------- e y hep 1L 1-1 s s P� ��Lty--�Iall-be —------------------------------------- -------------------- indIcatIM4 the location es ided ............... -W-----=----------------------------------------------------------------------------------- - ------------------ [-)Y1!1��P, i:i3�iusiness owner oil and off site shall be maintained as unreserved unrestricted --------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------- p.gEtjng available to_the [)u blic. exceDt des i Lutated--hart-d-i-cM s -s reqqj�red by law, -------------------------------------------....................................—------------ - pq�� -----------— L c, Ex s to Providin uired Parkin S A cl -V Section 4,A, for additional -LI-C-OLEL---------------------z,-LR e(I--------------------L� -------9 -Ch-uteLl,,-----1-0----e--------------------------------------------------------------------- ------- -jMq.i.r.e.d off tj e-et.Darjsjng., 9. S igag e a n dE.x t e ri o r I,ig h t�i n- S t a nd a r ds. his _All-o'wed-- i w--t-hn-i- --t- e- li -C-ultu-r D i-sti,-i-ct--Ov-erl-ay shall be extei-iiallv--ilm -lu -i-i-i-at-ed-oi-l-lv, and be limned to -wall mounted an a U1 , Lin u) E The size of"wall mounted siLjL. shall lac ealeulatc�l at �onehalf (0,5) IW j_s,,gare foot of------------�q �Et-arca�p one (F) lineal foot of"buildhLL L the main building entrance, the..main building Uectffl�a ()TI C, pr s are oil IV g.i-mittedoi-itliefii-stflool-_-Pi- �gcting orts and mounti brackets shall ---------------------------------------------------------------------------------- qL--� be decorative in nature ani Ilac-e shall fi not exceed ve r s --i-- size, n-------------- d, Undercanor)v Sion cloor�,\iav-a-i-t-d--sli-al-l--not_e-xc-ee-d--3-_s(..,uare feet each, All I I- 'nurn cleamnc u n 2dercan o,.21 swm s rn u st 1,ave a rn i-i� C -------------- ------------------------------------------------------ e, A--fra m e s i s,rl s aye exmi ,d oil \yithin requh-ed active areas when included and reviewed as a -- ------------- -------------------------------------------------------------------------------------------------------------------- f" Prohibited siarljypc�, F'reestandiriL_s L Ls above 3 5 feet �([LE�Lt_3 - ----------------------------------- ---- stories). animated, or movino siorts, and all other sig.Et. �_p ed by Code, g, ill N4 i x ed--use��tgLgjgT,! �g"LLI� �L[ a Si Mize ---------------------- -------------- awareness of,'and access arkhlo locations, ------------------- h, Ge�neral lj�ig residential/mixed use environment, Ground liahti and 0 Jj-i--t--i- g_� ljj�--b---u---i-l--d--�( IA ��gpilliis encoura=0ed. ---------- ----------------------- 51 Page 501 of 600 However. when the use ofpoleL I i,J1 -is necessary, the fixture heigj[ exceed fifteen ------------------------ 1 �Jjgjj_ ----------------------------------- I feet, be dec ith the color and architecture of the buil i. These standards exclude municipal signage designed to promote or represent a greater signage Man or branding initiative. D. -'7eeaii Avemie 6_4, 7--- li-)A/771 e&R+am1f1g vaFying Aittife land i map I Fj TT -Ika" 14 =_N41 elassil. I.—I aft zoning disifieis. As sideh, the densiiies 'of develepffien+s shall eer-fespend W-1- FLTT N4 elassi&_Bttens. For-tiew develepffien- 1- !he M&E Mum allowable dens4y shall he eleven I dwelliffg timts pef aef- W144- Siligle L - L _t) L L L -welli*g he allowed fer-when r-eela-r": A EM ill e e_tise f A 4X 1, and whef:e sideh pf:ej ee+ ef:ea+es a thf:otigh 4o+ 1U-e+FV,V,ffeH+L,V,V,O f-1 A C'17 are 'S4fee+LS. The t3twpose aad if+teH4,Of+Lhe + Fe; 01 Se e6Le 6E)Mffle W, Fesidefl+ a!, ofr4ee, and ente-ain— w aft L OR Of . L . LFR61iffeS, ME' f4a R aft-1 fiff-thef enhanee the pedesir4an and e Seale Of the 14iS!Felaled tfSeS afid ef1!e+a;__H+ eS+al,1;,1,__+, I- 'e L—L 1H en e aft e e4ffaa ffio,�zeffien�s e�Lween hid-sifiesses; aad b___1_1__ff111t4e MaRfla I/ A eFfFORt a+L+LFa6+40R`S4- 1 1 a6+iv41eS to + e wes4-9, A --A- en_ ;�elepffleH4- plans; A _+_1 lffit3f:83,ze 2. Defined. T'he (Oleean Avemde (-"veflay ;4E)fle IC'1A C'171 shall be botifidedd On the east by!h- =as+ I-E)aS+Ral roaj 1 1, 6jj +he WeS+I Qeaer-eS+ BE)'d!&,zarA, 614 +Lhe SE)tt+h 1, 1 .,�,efflde'; afid Off- L +41le HoAh 1-y NT&A4eas+4-3�-Avemde, &ieep-t--be+ween NN or-theast ist SIF + TE + L eeL and I )FL. ast 3Fd sifee�-,�ofth 11EMHAar-y shall he +he alley be+weeti No—heas+ is+ANe*ee afid B ,D___11 ,D_1_11__A 3. Gonftie+ T +1,- -,,--+ Of afty 604461 belWeefl the pr-ovisions of the Cleean Avemde Clveflay Zone and ft...Y —.1. 111� ffiefi+Regidla+L-614S, 44e pf:83,4siens 44-s see614 shall pfeNm . These pfovisi&ns—shall fiet he eonsifnded-to SidpefSede afty "-defal, State, Or- 60tiftly laWS; afld/Of afty FeZOning Of lafAS +8 a ffi �jej A* --iise F-Offifig dfs+ffie�. S - 4. TTS es Allowed 'IT T-e Matfix Table 3-28" in Chaptef 3, Afiiel- T'U ---+; +411 — ave onon1, 11 I- A A Ue eeffie-146H_e6fil........ 5. BdildifflIg affil Regulatiotis t'FnT,1_ Q 17'1 n_1 w 41,41 +1,4, C'%_,1 7--p a aeeE)F_aHee w4h+he 1-i-ii-ldiffg Mid aa fegulati an n 1 4f-11 Ows: Minim—1-4-afea-1 Minimum lot 444-� tit (;E)R4eF S;A e Minim—ya*d-,e4bfw4i*--. 4-04M 52 Page 502 of 600 � A MINE lillm ------------- . r ZMAJOJAM 1 . .. .. . . . .. • 7 Plan.8. bandseape and Q+Feetseape Design. See G aptef 4, Aftiele 11, Qee+;E)fl 4.13.5. 4:'_1:a AA 4+;-fial feasible. AeS+I:E)y _p+-4_1_ +J,n+ +1,_ '+_"jtjj:e. The flew WOFIE Shall be diffefefitiated f4_7E)M +he-Ok�-- A-11 I- T_ 7 s rc�clio ,n d ;+R roti 1 he , Bcrvrrtrrar Bectch Brrrrlevcrr d Over ktv (BBBO) --------------- f. Purpose and Intent, 'rho I�o� rrto�rr Ido��lh 1�o�ulo E rol ��o rl� 1�1�I�� t� �o�rrr rrl�o of �� rrrultl: to crtco Errol rrrt oaf zo�rrtrr districts that Burro rrtlo�rrrrrro�clto rrrrrrrtlo�rrrrrro rtl rccclo rrtl ............ ..............................................................................................................�_.............................................................................................Y_ �._............................m�_ 1-11 ----- t�' and institutional nal l nd uses, The CRAeclevelom-e-i_rt Pl r_r rccommer_rols the 1l4i-x-ed .-s I..o�� N4-i-xecl lrso N4ecliur-r and Nfixeol Use � lasstf c tior_r �lo�r_t I�o� rrto�rr jeac h Boulevard ............................................................................-_..............Y....................................................................................................7..... rrrcreasi g n intensity as the Downtown District is ap lho�cl Ilho true o�_se r_rcl crrto�rrt oyf tIne BBBBBB�) arc as follows— a, Provide for a mix oafselected commercial,cial, r esid nt al, and office uses with an s on o rrr rlo�yr�rent nd entertacru�r ent uses that will enco�urai4e 1'edevelo� rrro rrt oaf ur_der utrlrKo of rMerty and er_rkance the �Cdetxaseal and character oft e area- m � _ _ r. The western area is to act as a welco mii'I L� r_rd... ttractc,vc c�rftxy to tic ----- tLjjile the stere areas is to act as the entry tij.,"-,, 0tv's IDowntown District", c� Encoura4 tlhe lo�c tto n oaf restaurant retail o�fftcc and entertainment establishments, �lo�nL with -- .......................................................................................................................7...........................:A.............................5........................................................................................................................................................1......................+m.m.....................--- cdestriarr frrer_rcll i ro ver�rrents that would co�rrr to rrrro rrt arrol su �o�rt tlho Downtown, 54 Page 504 of 600 C2on-qtmhljuj!e��hlernentation of"various recommendations contained within CRA Redevel eint -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------QM— Plart, e, Ensure that redeyel®rr,)rnent within this area. 1,111,W district. will ,-J-g Z0 --------------------------------- maintain a consistent character-, gil-d Lf' -Imp N�e overall I iva I-LI _2f�ffie eneral area and enhance ----------------------------------------------- ------------- 2, Defined. The Boy a a t 1�ton Beach Boulevard Overl y hall be bounded oil the e s o- da ---------------------------------------------- --- --------------------------------------------------------------�2-y_ ---IJ-------- I / :1 -, it liesoot--1 East Coast Railroa -2----t-------- ---- --b1--N E- d C, and N and I" Avenue, aoil the nort h bv--N-E3d-- -----A-yn -e -u-e-an-dN ' 3 -- -\A--- --------OUI't-,--- 3 1 Conflict, Unless deemed othenvise bv the Plani I it it in the ever t ofa between tile DI-ovisions of"the Bovnton Beach Boulevard Overlav and ariv other sections of"the L,and ----------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------- the MOVIS1011S ofthis section rovisions shall not be construed to SUDCI�S�� _2D�Lfg,�k WS 4, [,.Jses, Active commercial uses shL11 be re(,uired oil the street fi-ontne of'Bovrlton Beach Boulevard, I-----------------------------------------------------------ovrlton Beat Uses shall be determined Env the-underl * L zonj],-j,(,2 district see "Use Matrix Table 3--28" in ----------------------a1m---------- - Chapter 3, Article IV. Section 3,D, w(tjhLjtJhj!e�ex.c -1 ofthe followi L -�tiol ------------------------------------------------------------1L�-p Accessoi-v_.!...11,��g.11_ii-l() Unit =------------- �vo f�arnilv-!Lpkn) Auto Broker Automobile Rental Automotive. Maj2LRepajr Automotive. Minor Repair Auto Dealer. New Auto Dealer Used Automotive Parts Store Auto/Car Wash, Self'- serve Bay Auto/Car Wash ('130",-L' �axir�tg,�)etaiY�irtg) Automotive DrIve-thru facilities Dav & Trade L,abor PoOl-(TernDorary Help) - ------------- Boat Dealer/ ental _j� i� mh9--P-Qol, Janitorial) Convenience Store Gasoline Station F'urniture & Home furni�jjing. unless inteffated into a mixed use devej�2p-!j��[11, ------------------------------------------------------------- _1 Showroom warehouse (sin gig-p -[�?d,j�!JJJ le)---------- Merchandise. Used EIIJLL) 14 e rc h a n d i S;S,Ne,w SullcL I i q, -�g2, g 2 in-op -ated [..,aundil L... i-------------------L 1"'uneral Home Le-M—etery Church 55 Page 505 of 600 Civic & f"raternal Club/ QrL��ization (jrougjj�21�2.g.� Cyp j -id IV 11 1ai �._'ollege, Seminary. Universitv School, Primai-y and Secondai-v ---------------------------------------------------- S hool Industijal 6 Lc,R Trade �Lh-ooflrw�- atw��,—Indoor Adult entertainment Social service agel-Icy,__ All Industrial Uses E , Any fit her automobile--tax-iei-ited-use-i-tot-l-i-sted-above-ai,e-l.,I[ ibite-d-,--- d as a busi-ess whic", 1-1cas - pt-i- j of`serori cii-�4> an automobile orconsists of buildii-aty for art automobile, C. I.Ave-W011 units ai,e DUMItted, but may not fi-ont Bovnton Beach BoulevMil or Seacrest .............................. ...........-------------------------------------------------------------------------------------------------------------- Boulevard, d, Additionallv. no IeL�allv exist* hbe deemed non-conformi as a result of" BBBO -—-------------------HW� use sall------------------------------------------------------------------------------ the--------------------------------------------------------- Le—Ulat-ions, 5, Modified Buildina and Site Reaulations. MODIFIED B1,.JI[.,DING/SrrE REG IJ LAT IONS' Bovnton Beach Boulevard Overlav Zone Minimum L,ot Area- 0,75 acre Minimum L,ot Fro to-e- 100 feet Bovi-i-toi-t--B-ea-cli--Bowley-aiMil----- 150 feet Pedestrian zone- Minimum street tree ai-ea', 5 feet *N4easured from the back of"curt-) Minimum sidewalk width 2, 8 fe.e.t cle.ai- *N4easured from the centerl ine of"sti,eet ti,ees Minimum active ai-ea width- 8 feet`; LA:d �Dlicable-to-Bovi-itoi-t--Beacii-Boulevai-d-ai-id-- *N4easured from eke-ol-the-side walk , Seacrest Boulevai-d streeLfiro�ttage-s).. Overhead utilities- ]!just be undeEs i n witj�l ------g2wLllg!!�� anv new deVel0DMe1jt 01' --7--------------- existing, develL)p] g� —--------- Build-to line- Ajwt-s the . destrian zone j? ------------------------------ Minimum buildina frontage- 75% of"the lot fi-ontn0e must be occuDied Eby ----------------------------- LAj�plcable to Boy�.-tj� Rage h.Boulevard, structure aU acent to theDcdestnan zone .................................................. Seacrest Boulevard). Maxiinuin structure heiaht- Zonina-Distri-C1, 3oy 1�2 -----Beach Boulevard 45 feet ----------------------------------- 56 Page 506 of 600 01 every 50 f`eet above 45 fee JI-1--heiOlit' art Mininatina structure height., 0 feet .Rear 10 feet S rd Iriterior side-. 0 feet setbacks, lot coveragg, Termartent structures such as colurnris arid walls are 1-10t DCI-Mitted withirljhe,reqj�ire.d acfrve. 1) rchitectural elements such as a area, Self'�su L -Ito the active area, | 57 | Page 507 of 600 Pedestrian Zone Requirements ------------------------------ Sidewalk Active area 6, Accessory Structures. a, f`ences LL,Arty_fg� ��g_j]jgjjs_p il�t the reminder ofthe District shall be decorative in nature, ----------------------------------------------------------------------------------------------------------------------------------------- T_Iluilding Design. d Bowiton Beach Blvd, The mainpg&grian entry. or front door. must be fronth'10 Boynton Beach b, Bowiton Beach Boulevard and Seacrest Boulevard shall have maximized gla,'�i-Lg -s, Fenestration Regidreinents Ground-level buildina facade occu ed bv (..,oininercial Mixed- Residential Bowiton Beach Boulevard Seacrest Boulevard 5 02 | 58 | Page 508 of 600 NOTES- LThese standards also a p.Ly_jg facade. facirt p 2. To count toward this tr maximum sillheiL�ht of"2 feet above orale and a minimum hea -----------------------------------------------------------h d e-i_ j_f`e.c_t, 8 includes above srade, A i t iIsI? rent window and d..o...o...r..��jp_ �[IJLL und-level str et-fac i di I d i n L ----------------------------------------------- f'acade shall fill.edw_it_hL�tazing that has a minimurn visible li,,Ii-t-tl-al-ism-itta-i-i-ce--o-f'-7-5--, (ZiThe o -ti Lbe ed to allow view of an intenor space at least filve fe.et dee .................... -------------------------------------------------------------- S. av nclude traditional stoieront_disDlav windows, but not merel olass _i......................................................................................................—---------------------- LE s pjt� ),_`Fhe view into a commercial use shall i'lot be p 12�g� I-uc --------------------------------------------------------------------------- screens, shades, shutter 01- ODa-q Ili qef -g_sa 2PI ied to fh"�147.j-1 -1-2 d, Buildina, Wall Articulation, --------------------------------- a, Vertical articulation, Malls shall be ofTset fiftv (50) line r fe.et, ----------------------------------------- b, Horizontal Articulation, Buildhnss_b_al_I_., back a m in im um of"ten 10) feet once the ................................................................................ .................................................. structure reaches f6i et I'l I L� g -tv five J`e i I ei lit, Buildin s m step .-Ig -1 -tal ten ------------ ------------------------L---------------------------------lj�!----------� _q]S_jj� _gLId.-iIi.o.1....................... ( S)l feet for every-. n &Uiorta---1---f-i----v in IL -t-h-e additional required step backs Lay_jj�tis d Tsets, ----------------- 59 Page 509 of 600 UNDESIRABLE ARCHITECTURAL VERTICAL ARTICULATION HORIZONTAL ARTICULATION TREATMENT ADDED ADDED PLAZA AREA CREATED IN -HE BUILDINGS SETBACK AREA MAJORITY OF BUILDING WALL LOCATED ALONG STREET R.O.W. 1 UP TO 2.5% OF MAJOR BUILDING FACADE MAY BE SETBACK FROM THE STREET R.O.W. INCREASED SIDEWALK LIP BACK BUILDING CORNER PROVIDES INTERESTING LANDMARK FEATURE PERMITTED ALLEY DESIGN AT MAJOR INT ERSECTION BETWEEN CORNER BUILDINGS PEDESTRIAN CUT THRU j AT CORNER 8. Parking. a. Minimum Number of` -----------------------------------------------i _tu , number of re ixe��...of f street:. � 1�cj!4>; shall be calculated in accordance with (`lea tgf x-icle 4' ctt��...2 areas from abut6n4t..f..:cfd t--of"..wayu��. locate bu ldirtas aloe fx��t 211 side carne ext\j lt��c� l�c�cf��x� ��1_1Sttc a kirw shall be ...............................a.,m.................................................................................................,. .........,. ............,„�............................................................................5....................................,. .......................+m.m......................................... located within rear and side intenor var�ls.f o all �.�c�w DI.O ects and those n wj is a�Ml�i��~�:... areas would be altered to accommodate � �t�� t��cl E�utl�li�� xc��ation or c� (2) Existi lg_pq lj1_1 _ a t ax c csti�� d l tTients may x ail. f the ��_unaltered as _._. a t �f a cv 17uil li 4'txc att� � �x a � t� � l 1 these hlstallces tine existingoff, stxeet a�l�t��4t area spall be substantially screened.fro ��:� ut_emises Env a h ��_e, decorative fiencc�lo. a ca�les, 60 Page 510 of 600 oracombirtationthereof-V videdthatsuch remain consistent with the intent ofthe BBBO, and to the standards ofthe urban landscape code to the maximum eIlt te _p x L. FxcepLit Ldi 1,,_LRequired PaL,��i jEtj Section 3 & 4 for additional -- -------------- � i A:QLgf�i ------�t --st eet s EL4 exce s -D-11L n", f�sjl!ire 0 r _Padkim ---------- j2l�L�2 --- ----fl--------------- 1), Siggjwrge andt'.xterior Lightin- Sty.indards. Scott ed w i thin the Boynton Beach Boulevard Ovei-lav--slia-11--Etc--ext ei-i-i-al-lv--il-lum-i-i-i-at-ed-oi-tiv, and consist of"wall mounteLl. and/or a siort, b, The size of"wall mounted sig.Lt. jj,.j�g_calculated at olle_ 1).. qgj��_foot of'sigri area olle (1) ---------- --- ----------------__--i---------------�p lineal foot of"buildirw frontau:e measured alorto the main buildirw entrance, =------------------------------------------------------------- 1-_1roecfmg si s re l the first floor, PI-6 iLt,o signs and mountirM brackets shall be _j-—----0--- ------ _�i� itte-d--o-i------------------------------------------jt�L_L =1----- ---------------------------------------- decorative in nature and the si face shall not exceed nine nd the i g sj121�Lfeet in size, L__�L---------------------------------------------------------- fcct„cf� scz [.jnderca!j2ky d le cr _j�t�tjhall not exceed 3 each, All _�LLLrt�_are i --------------------------- --------------------------- unde,va,iopy s �g,�Pr .g ties with over 250 feet of”linear street frontage oil Boynton Beach Boulevard arepg.Ejnitted one ....................................................................................................................................................------------------------------------------------------------------------------ -------------------------------- mollumellt SKJ1 w1th a maxi mum_heLLJ1im Cie j of ei( lches, g_ ) feet, a max Lj2ti , q!E _4j[! and a maximum area offorty_-(40) s,uare feet, Wriuments siuts shall be oriented p �q -----------------------------------------siuts s�allbe f" Prohibited siuljypcs, 1"'reestandiriL_siL iL L s above 40 feet--------------------------- -sto ies) animated- or movmgs,jmls and all other sigms b t bv -----p_ Monts are reqqujiEreqd t lI - ide a p p L L tas maximize ... Iixed use d ------------------------------------------------ _ Uiov ------------------- -------------------------- awareness of"and access to pu_b1_ixpa!j, tg locations. h, General L Gi-oui bti buil i i el ouraaed, However. when the iro—nd VW11 _0 !J_L�------ng_�2_ 1JU----------lu�_Andi gPJ_1=.J5 1-c---------------------------------------— use of` 2t11�gjiobti , tile fixture lei lit shall not exceed fifteen (15) feet. be decorative in gossa rv--- ---------------------------------------------------------------------------- nature and comnatible with the color and architecture ofthe buildirw - - - __ __ __ - __ -- - - - - of:...the - �Z= E--C-1. Downtown Transit-Oriented Development District(DTODD) Overlay . 1. Intent. This overlay implements Policy No. 1.18.1 of the Comprehensive Plan's future land use element which establishes the DTODD to improve land development patterns around the future station of the planned commuter service. The overlay's-zenels-features further enhance the vision embodied by mixed-use zoning districts with increased density and intensity as well as strong emphasis on interconnectivity throughout the area. 2. Defined. The DTODD Overlay Zeffe-coincides with the Station Area of a one-half(1/2) mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor. 3. General. See additional standards and requirements for mixed-use (urban) districts based on the proximity to the planned train station in Chapter 3, Article 111, Section S.A. 4. Use(s)Allowed. For the DTODD, allowed uses are based on the underlying zoning district. See "Use Matrix," Table 3-28 in Chapter 3, Article IV, Section 3.D. 5. Building and Site Regulations. See Chapter 3, Article 111, Section S.C. 6. Additional Standards. See Chapter 4, Article 111, Section 6.H. for additional standards related to urban design and building location for properties located within the transit core of the Station Area. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 15-006, passed 3-2-15; Am. Ord. 17-023, passed 9-19-17) 61 Page 511 of 600 Sec. 9. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. (Ord. 10-025,passed 12-7-10) 62 Page 512 of 600 Article IV. Use Regulations D. Use Matrix (Table 3-28). Footnotes 18. Cultural District .a � Overlays , a. This use is allowed in this zoning district only when proposed on a lot located within the Cultural District pa Overlay f °1i. ----------------------------------- .......................................... ............................................................................1..... ..... ........... ............................. b . Schools. Professional and Ttechnical schools allowed in the CD _ t-Omare limited to those that teach the culinary and visual arts. 19. General Note. This use shall be prohibited on the ground level of buildings located on lots that front on Ocean Avenue located within the Cultural District 20. General Note. This use is allowed as an accessory use to any lawful Arts Campus located within the Cultural District 63 Page 513 of 600 Chapter 4. Site Development Standards Article V. Minimum Off-Street Parking Requirements Sec. 3. Special Reductions in Required Off-Street Parking F. Cul atral Dislricl See ChMIgL3.Article 111. Section 8.1). for additional ................... off-street parking provisions regarding the _'ultural District Sec. 4. Exceptions to Providing Required Off-Street Parking. A. Adaptive Re-Use. 1. Applicability. The following described areas shall be eligible for specific parking reductions based upon adaptive re-use, including modifications, of existing buildings: a. Cultural District Overlay �+e� as defined in Chapter 3, Article 111, Section 8.1). b. No additional parking shall be required where: (1) The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or (2) The capacity of the structure is increased by adding subordinate dwelling units or floor area within the existing building envelop; or (3) The use of a structure is changed; or (4) The number of seats for eating and drinking establishments is increased by up to fifty percent (50%) of the existing total or up to forty (40) seats are provided where the previous use had none. 64 Page 514 of 600 8.B. PUBLIC HEARING 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-019 - SECOND READING -Approve amendments to the Land Development Regulations, Chapter 4, Site Development Standards, creating a new*Article XI I entitled "Fertilizer Use Regulations" to create regulations requiring proper application of fertilizer to protect water bodies. Applicant: City-initiated. EXPLANATION OF REQUEST: The Florida Department of Environmental Protection (FDEP) requires that all National Pollution Discharge Elimination System (NPDES) permittees operating municipal stormwater systems adopt a local ordinance that regulates how and when fertilizer can be applied to all properties (i.e. residential, commercial, institutional, and recreational), utilizing best management practices, and requiring commercial/institutional fertilizer applicators to complete a mandatory training program. The purpose of these regulations is to improve and protect the quality of our water bodies through the reduction of algae bloom and accelerated growth of aquatic weeds caused by the introduction of phosphorous and nitrogen, resulting from improper fertilizer application. The attached ordinance is based upon a model that was provided by FDEP and that has already been adopted by several municipalities in Palm Beach County. FDEP has reviewed the attached draft prepared by staff and approved it as to form and sufficiency. Adoption of the ordinance will satisfy the NPDES permit condition initiated by FDEP. The suggested amendments can be best described below: 1. Prohibition of fertilizing when a) the ground is saturated, b) a Flood Watch or Warning, a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect, or c) heavy rain (2 inches or more within a 24 hour period) is likely; 2. Creation of"Fertilizer Free Zones", which limits the application of fertilizer within ten (10) feet of any water body, or three (3) feet if a deflector shield or drop spreader is utilized; and 3. Requires proof of licensing of Commercial Applicators by the Florida Department of Agriculture and Consumer Services prior to receiving Business Tax approval to operate within the City. The Planning and Development Board recommended approval of the subject request on May 28, 2019. *The location of these regulations in the Land Development Regulations has been edited by the City Attorney for continuity. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None rcommended. Page 515 of 600 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance creating Fertilizer Use Regulations D Staff Report Staff Report D Exhibit Exhibit A® draft proposed language D Amendment Exhibit B ® ILDR Insertion Page 516 of 600 1 2 ORDINANCE NO. 19- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, s FLORIDA, AMENDING THE LAND DEVELOPMENT 6 REGULATIONS, CHAPTER 4, SITE DEVELOPMENT 7 STANDARDS, CREATING A NEW ARTICLE XII, 8 ENTITLED "FERTILIZER USE REGULATIONS"; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 WHEREAS, pursuant to Section 303(d) of the federal Clean Water Act and the 13 resulting Florida Impaired Waters Rule (Chapter 62-303, Florida Administrative Code 14 [F.A.C.]), the Florida Department of Environmental Protection (FDEP) has classified 15 specific water bodies in Palm Beach County as "impaired" as a result of the presence 16 of excessive nutrients; and 17 WHEREAS, Florida Statute, Section 403.9337 requires local governments 18 located within the watershed of a water body or water segment that is listed as impaired 19 by nutrients pursuant to Florida Statute, Section 403.067, adopt an ordinance for 20 Florida-FriendlyTM fertilizer use on urban landscapes; and 21 WHEREAS, the FDEP on the 8th day of September 2016, issued its Palm 22 Beach County Municipal Separate Storm Sewer System Permit No. FLS 000018-004 23 (hereinafter referred to as the "MS4 Permit") to forty (40) governmental entities 24 including the City of Boynton Beach; and 25 WHEREAS, the MS4 permit requires local governments within the watershed 26 of a nutrient impaired water body to adopt FDEP's Model Ordinance for Florida Friendly 27 Fertilizer Use on Urban Landscapes or an Ordinance that includes all the requirements 28 set forth in the Model Ordinance; and 1 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 517 of 600 29 WHEREAS, surface water runoff and base flow runoff leaves residential 3o neighborhoods, commercial centers, industrial areas, and other lands of Palm Beach 31 County and enters into natural and artificial stormwater and drainage conveyances and 32 natural water bodies in Palm Beach County; and 33 WHEREAS, phosphorus and nitrogen, the primary nutrients associated with the 34 degradation of surface water, are commonly the primary components of fertilizer for 35 turf and landscape application; and 36 WHEREAS, the quality of streams, lakes, and wetlands is important to 37 environmental, economic, and recreational prosperity and to the health, safety, and 38 welfare of the residents of Palm Beach County; and 39 WHEREAS, algae blooms and accelerated growth of aquatic weeds in Palm 4o Beach County's water bodies have heightened community concerns about water 41 quality and eutrophication of surrounding waters; and 42 WHEREAS, it is generally recognized that Eastern Palm Beach County soils 43 naturally have adequate phosphorus content for most vegetative needs and that 44 additional phosphorus is therefore only occasionally needed to create or maintain a 45 vibrant landscape; and 46 WHEREAS, it has been recognized that proper application of slow-release 47 nitrogen sources is more efficiently used by plants and less likely to leach or runoff; 48 and 49 WHEREAS, this Ordinance is part of a regulatory program to address nonpoint 50 sources of nutrient pollution which is scientifically based, and economically and 51 technically feasible; and 2 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 518 of 600 52 WHEREAS, as a result of the Florida Department of Environmental Protection's 53 determination that certain water bodies within Palm Beach County are impaired for 54 excessive nutrient levels, the City of Boynton Beach finds that the best management 55 practices contained in the most recent edition of the "Florida-Friendly Best 56 Management Practices for Protection of Water Resources by the Green Industries", 57 are required and are necessary to implement within the City as set forth herein; and 58 WHEREAS, in the process of adoption of this Ordinance, the City of Boynton 59 Beach has considered scientific information, including input from the Department of 6o Environmental Protection, the Department of Agriculture and Consumer Services, and 61 the University of Florida Institute of Food and Agricultural Sciences. 62 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, 63 FLORIDA, THAT: 64 SECTION 1. The foregoing whereas clauses are true and correct and are now 65 ratified and confirmed by the City Commission. 66 SECTION 2. Chapter 4 of the Land Development Regulations shall be amended by 67 creating a new Article XII entitled "Fertilizer Use Regulations" as follows: 68 69 ARTICLE XII. FERTILIZER USE REGULATIONS 70 Sec. 1. General. 71 A. This article shall be known and may be cited as "Fertilizer Use Regulations." 72 B. Purpose and Intent. This Ordinance regulates the proper use of fertilizers by 73 any applicator; requires proper training of commercial and institutional fertilizer 74 applicators; establishes training and licensing requirements; establishes a 3 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 519 of 600 75 prohibited application period; and specifies allowable fertilizer application rates 76 and methods, fertilizer-free zones, and exemptions. This Ordinance requires 77 the use of Best Management Practices to minimize negative environmental 78 effects associated with excessive nutrients in our water bodies. These 79 environmental effects have been observed in and on Palm Beach County's so natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, 81 estuaries and other water bodies. Collectively, these water bodies are an asset 82 important to the environmental, recreational, cultural and economic well-being 83 of Palm Beach County residents and the health of the public. Overgrowth of 84 algae and vegetation hinder the effectiveness of flood attenuation provided by 85 natural and constructed stormwater conveyances. Regulation of nutrients, 86 including both phosphorus and nitrogen contained in fertilizer, is anticipated to 87 help improve and maintain water and habitat quality. ss Sec. 2. Definitions. 89 APPLICATION or APPLY - The actual physical deposition of fertilizer to turf or 90 landscape plants. 91 APPLICATOR - Any person who applies fertilizer on turf and/or landscape 92 plants in the City of Boynton Beach. 93 APPROVED TEST - A soil test from the University of Florida, government, or 94 other commercial licensed laboratory that regularly performs soil testing and 95 recommendations. 96 BEST MANAGEMENT PRACTICES (BMPs) - Turf and landscape practices or 97 combination of practices based on research, field-testing, and expert review, 4 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 520 of 600 98 determined to be the most effective and practical site-specific means, including 99 economic and technological considerations, for improving water quality, 100 conserving water supplies and protecting natural resources. 101 COMMERCIAL FERTILIZER APPLICATOR - Except as provided in section 102 482.1562(9), Florida Statutes (F.S.), any person who applies fertilizer for 103 payment or other consideration to property not owned by the person or firm 104 applying the fertilizer or the employer of the applicators. 105 COMMUNITY STANDARDS OFFICER, OFFICIAL, or INSPECTOR - Any 106 designated employee or agent of the City of Boynton Beach whose duty it is to 107 enforce codes and ordinances enacted by City of Boynton Beach. 108 FERTILIZER - Any substance or mixture of substances that contains one or 109 more recognized plant nutrients and promotes plant growth, or controls soil 110 acidity or alkalinity, or provides other soil enrichment, or provides other 111 corrective measures to the soil. 112 FERTILIZING or FERTILIZATION - The act of applying fertilizer to turf, 113 specialized turf, or landscape plants. 114 INSTITUTIONAL APPLICATOR - Any person, other than a private, non- 115 commercial or a Commercial Applicator (unless such definitions also apply 116 under the circumstances), that applies fertilizer for the purpose of maintaining 117 turf and/or landscape plants. Institutional Applicators shall include, but shall not 118 be limited to, owners, managers, or employees of public lands, schools, parks, 119 religious institutions, utilities, industrial or business sites and any residential 120 properties maintained in condominium and/or common ownership. 5 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 521 of 600 121 LANDSCAPE PLANT - Any native or non-native tree, shrub, or groundcover 122 (excluding turf). 123 PASTURE - Land managed for livestock grazing. 124 PROHIBITED APPLICATION PERIOD - The time period during which a Flood 125 Watch or Warning, a Tropical Storm Watch or Warning, or a Hurricane Watch 126 or Warning is in effect for any portion of City of Boynton Beach, issued by the 127 National Weather Service, or if heavy rain (2 inches or more within a twenty- 128 four (24) hour period) is likely. 129 SATURATED SOIL - A soil in which the voids are filled with water. Saturation 130 does not require flow. For the purposes of this Ordinance, soils shall be 131 considered saturated if standing water is present or the pressure of a person 132 standing on the soil causes the release of free water. 133 SLOW-RELEASE, CONTROLLED RELEASE, TIMED RELEASE, SLOWLY- 134 AVAILABLE, or WATER INSOLUBLE NITROGEN - Nitrogen in a form which 135 delays its availability for vegetative uptake and use after application, or which 136 extends its availability to the vegetation longer than a reference rapid or quick 137 release product. 138 TURF, SOD, or LAWN - An area of grass-covered soil held together by the 139 roots of the grass. 140 URBAN LANDSCAPE - pervious areas on residential, commercial, industrial, 141 institutional, highway rights-of-way, or other nonagricultural lands that are 142 planted with turf or landscape plants. For the purposes of this section, 143 agriculture has the same meaning as provided in section 570.02, F.S. 6 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 522 of 600 144 145 Sec. 3. Applicability. 146 This Ordinance shall be applicable to and shall regulate any and all applicators 147 of fertilizer and areas of application of fertilizer to urban landscapes within the 148 City of Boynton Beach, unless such application is specifically exempted by 149 Section 11 of this Ordinance. This Ordinance shall be prospective only, and 150 shall not impair any existing contracts. 151 Sec. 4. Timing of Fertilizer Applications. 152 A. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to 153 turf and/or landscape plants during the Prohibited Application Period or to 154 saturated soils. 155 B. Fertilizer containing nitrogen and/or phosphorus shall not be applied before 156 seeding or sodding a site, and shall not be applied for the first thirty(30)days 157 after seeding or sodding, except when hydro-seeding for temporary or 158 permanent erosion control in an emergency situation (wildfire, etc.), or in 159 accordance with the Stormwater Pollution Prevent Plan for that site. 160 Sec. 5. Fertilizer Free Zones. 161 Fertilizer shall not be applied within ten (10) feet, or three (3) feet if a deflector 162 shield or drop spreader is used, of any pond, stream, water body, lake, canal, 163 or wetland as defined by the Florida Department of Environmental Protection 164 (Chapter 62-340), F.A.C. or from the top of a seawall or lake bulkhead. Newly 165 planted turf or landscape plants may be fertilized in this zone only for a sixty 166 (60) day period beginning thirty (30) days after planting, if needed, to allow the 7 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 523 of 600 167 vegetation to become well established. Caution shall be used to prevent direct 168 deposition of fertilizer into the water. 169 Sec. 6. Fertilizer Content and Application Rates. 170 A. Fertilizers applied to turf within the City of Boynton Beach shall be applied in 171 accordance with requirements and directions provided by Rule 5E-1.003(2), 172 F.A.C., "Labelinq Requirements for Urban Tun`Fertilizers". Under Rule 5E- 173 1.003(2), F.A.C., required application rate and frequency maximums, which 174 vary by plant and turf types, are found on the labeled fertilizer bag or 175 container. 176 B. Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape 177 plants except as provided in subsection A. above for turf, or in OF/IFAS 178 recommendations for landscape plants, vegetable gardens, and fruit trees 179 and shrubs, unless a soil or tissue deficiency has been verified by an 180 approved test. 181 C. Fertilizer used for sports turf at golf courses shall be applied in accordance 182 with the recommendations in "Best Management Practices for the 183 Enhancement of Environmental Quality on Florida Golf Courses", published 184 by the Florida Department of Environmental Protection, dated January 2007, 185 as may be amended. Fertilizer used at park or athletic fields shall be applied 186 in accordance with Rule 5E-1.003(2), F.A.C. 187 Sec. 7. Fertilizer Application Practices. 188 A. As required in Section 7 of this Ordinance, spreader deflector shields shall 189 be used when fertilizing via rotary (broadcast) spreaders. Deflectors must 8 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 524 of 600 190 be positioned such that fertilizer granules are deflected away from all 191 impervious surfaces, fertilizer-free zones and water bodies, including 192 wetlands. Any fertilizer applied, spilled, or deposited, either intentionally or 193 accidentally, on any impervious surface shall be immediately and completely 194 removed to the greatest extent practicable. 195 B. Fertilizer released on an impervious surface must be immediately contained 196 and either legally applied to turf or any other legal site, or returned to the 197 original or other appropriate container. 198 C. In no case shall fertilizer be washed, swept, or blown off impervious surfaces 199 into stormwater drains, ditches, conveyances, or water bodies. 200 D. Property owners and managers are encouraged to use an Integrated Pest 201 Management (IPM) strategy as currently recommended by the University of 202 Florida Cooperative Extension Service publications and to utilize the plant 203 selection and landscape design standards of the UF/IFAS Florida-Friendly 204 Landscape Program. 205 206 Sec. 8. Management of Grass Clippings And Vegetative Matter. 207 In no case shall grass clippings, vegetative material, and/or vegetative debris 208 intentionally be washed, swept, blown, or otherwise deposited onto or into 209 stormwater drains, drainage ditches or conveyances, water bodies, wetlands, 210 sidewalks or roadways. Any material that is accidently deposited shall be 211 immediately removed to the maximum extent practicable and disposed of in 212 accordance with applicable codes and regulations. 9 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 525 of 600 213 Sec. 9. Exemptions. 214 The provisions set forth above in this Ordinance shall not apply to: 215 (a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 216 823.14 F.S.; 217 (b) other properties not subject to or covered under the Florida Right to Farm 218 Act that have pastures used for grazing livestock; 219 (c) any lands used for bona fide scientific research, including, but not limited to, 220 research on the effects of fertilizer use on urban stormwater, water quality, 221 agronomics, or horticulture. 222 Sec. 10. Training. 223 A. All commercial and institutional applicators of fertilizer within the City of 224 Boynton Beach shall abide by and successfully complete the six-hour 225 training program in the "Florida-Friendly Best Management Practices for 226 Protection of Water Resources by the Green Industries" offered by the 227 Florida Department of Environmental Protection through the University of 228 Florida/Palm Beach County Cooperative Extension Service "Florida-Friendly 229 Landscapes" program or an approved equivalent program. 230 B. Non-commercial and non-institutional applicators not otherwise required to 231 be certified, such as private citizens on their own residential property, are 232 encouraged to follow the recommendations of the University of Florida/IFAS 233 "Florida-Friendly Landscape Program" and label instructions when applying 234 fertilizers. 10 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 526 of 600 235 Sec. 11. Licensing Of Commercial Applicators. 236 A. All businesses applying fertilizer to turf or landscape plants (including, but 237 not limited to, residential lawns, golf courses, commercial / industrial 238 properties, and multi-family and condominium properties) must ensure that 239 the business owner or his/her designee holds the appropriate "Florida- 240 Friendly Best Management Practices for Protection of Water Resources by 241 the Green Industries" training certificate prior to the business owner 242 obtaining a Local Business Tax Certificate. Owners for any category of 243 occupation which may apply any fertilizer to Turf and/or Landscape Plants 244 shall provide proof of completion of the program to the City of Boynton Beach 245 Business Tax Office. It is the responsibility of the business owner to maintain 246 the "Florida-Friendly Best Management Practices for Protection of Water 247 Resources by the Green Industries"certificate to receive their Business Tax 248 Receipt annually. 249 B. After March 31, 2019, all commercial applicators of fertilizer within the City 250 of Boynton Beach shall have and carry in their possession at all times when 251 applying fertilizer, evidence of certification by the Florida Department of 252 Agriculture and Consumer Services as a Commercial Fertilizer Applicator 253 per Rule 5E-14.117(18), F.A.C. 254 C. All businesses applying fertilizer to turf and/or landscape plants (including, 255 but not limited to, residential lawns, golf courses, commercial / industrial 256 properties and multi-family and condominium properties) must ensure that 257 at least one (1) employee has an appropriate "Florida-Friendly Best 258 Management Practices for Protection of Water Resources by the Green 11 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 527 of 600 259 Industries" training certificate prior to the business owner obtaining a 260 business tax certificate. 261 Sec. 12. Enforcement. 262 The provisions of this Ordinance shall be enforced by (1) the City of Boynton 263 Beach Code Enforcement Board or Special Master pursuant to the authority 264 granted by Section 162.01 et. seq., F.S., as may be amended and the City of 265 Boynton Beach Code of Ordinances, as may be amended, or (2) the City of 266 Boynton Beach through its authority to enjoin and restrain any person violating 267 the City of Boynton Beach Code of Ordinances through the prosecution of 268 violations in the name of the State of Florida pursuant to the authority granted 269 by Section 125.69, F.S., as may be amended. The City of Boynton Beach may 270 also pursue any other enforcement remedies available at law or in equity. 271 Sec. 13. Penalties. 272 A. Failure to comply with the requirement of this Ordinance shall constitute a 273 violation of this Ordinance and shall be punishable by a fine not to exceed 274 $250 per incident for the violation or a fine not to exceed $500 per incident for 275 a repeat violation, and, in addition, may include all costs of repairs and 276 remediation including administrative costs. Each new day the violation exists 277 it is considered a separate incident. 278 B. In determining the amount of fines that should be imposed, the Code 279 Enforcement Board or Special Master shall consider the following factors: (1) 280 the gravity of the violation; (2) Any actions taken by the violator to correct the 281 violation; and (3) Any previous violations committed by the violator. If 12 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 528 of 600 282 determined the violation is irreparable or irreversible in nature, a fine not to 283 exceed $15,000 per violation may be imposed. 284 Sec. 14. Appeal. 285 An aggrieved party, including the City of Boynton Beach, may appeal a final 286 administrative order of the Code Enforcement Board or Special Master to the 287 circuit court. Such an appeal shall not be a hearing de novo, but shall be limited 288 to appellate review of the record created before the Board or Special Master. 289 An appeal shall be filed within thirty (30) days of the execution of the order to 290 be appealed. 291 SECTION 3. 292 Each and every other provision of the Code of Ordinances not herein specifically 293 amended, shall remain in full force and effect as originally adopted. 294 SECTION 4. 295 All laws and ordinances applying to the City of Boynton Beach in conflict with 296 any provisions of this ordinance are hereby repealed. 297 298 SECTION 5. 299 Should any section or provision of this Ordinance or any portion thereof be 3oo declared by a court of competent jurisdiction to be invalid, such decision shall not affect 301 the remainder of the Ordinance. 302 SECTION 6. 303 Authority is hereby given to codify this Ordinance. 304 13 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 529 of 600 305 SECTION 7. 306 This Ordinance shall become effective immediately upon approval on second 307 reading. 308 FIRST READING this day of 2019. 309 SECOND, FINAL READING AND PASSAGE this day of 2019. 310 311 CITY OF BOYNTON BEACH, FLORIDA 312 313 YES NO 314 315 Mayor— Steven B. Grant 316 317 Vice Mayor— Justin Katz 318 319 Commissioner— Mack McCray 320 321 Commissioner— Christina L. Romelus 322 323 Commissioner— Ty Penserga 324 325 ATTEST: 326 327 328 329 Queenester Nieves 33o Deputy City Clerk 331 332 333 334 (Corporate Seal) 14 S:ACA\Ordinances\LDR Changes\FLORIDA FRIENDLY FERTILIZER(Art XII)-Ordinance.Docx Page 530 of 600 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 19-015 TO: Chair and Members Planning& Development Board FROM: Ed Breese Planning and Zoning Administrator DATE: April 11, 2019 RE: Approve proposed code language establishing fertilizer use regulations (CDRV 19- 004) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 4. Site Development Standards, Article I. Environmental Protection Standards, Section 4. Standards, to create use regulation for proper application of fertilizer to protect water bodies within the City, commonly referred to as the "Florida Friendly Fertilizer Use Ordinance", and Chapter 1, Article 11. Definitions. Applicant: City- initiated EXPLANATION The Environmental Protection Agency (EPA), as part of the Clean Water Act, adopted rules known as the National Pollution Discharge Elimination System (NPDES) for owners/operators of municipal stormwater systems. In Florida, the Department of Environmental Protection (FDEP) is tasked with the oversight and permitting of such systems. The City falls underneath a regional NPDES permit that includes the Palm Beach County government, municipalities and several improvement districts. In an effort to minimize the amount of nitrogen and phosphorous being discharged into local water bodies, the FDEP requires that all NPDES permittees adopt a local ordinance that regulates how and when fertilizer can be applied for all properties (residential, commercial, institutional, and recreational), utilizing best management practices, and requiring commercial/institutional fertilizer applicators to complete a mandatory training program. The purpose of these regulations is to improve and protect the quality of our water bodies through the reduction of algae bloom and accelerated growth of aquatic weeds caused by the introduction of phosphorous and nitrogen, resulting from improper fertilizer application. The attached ordinance is based upon a model that was provided by FDEP and that has already been adopted by several of the municipalities in Palm Beach County. FDEP has reviewed the attached draft prepared by staff and approved it as to form and sufficiency. Adoption of the ordinance will satisfy the NPDES permit condition initiated by FDEP. The suggested amendments can be best described below: Page 531 of 600 Florida Friendly Fertilizer Ordinance (CDRV 19-004) Memo PZ No.19-015 1. Prohibition of fertilizing when 1) the ground is saturated, 2) a Flood Watch or Warning, a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect, or 3) heavy rain (2 inches or more within a 24 hour period)is likely. 2. Creation of"Fertilizer Free Zones", which limits the application of fertilizer within ten (10) feet of any water body, or three (3)feet if a deflector shield or drop spreader is utilized. 3. Proof of licensing of Commercial Applicators by the Florida Department of Agriculture and Consumer Services prior to receiving Business Tax approval to operate within the City. (see Attachments "A" & `B" for greater detail of the proposed regulations) The City's Stormwater Utility division of the Utilities Department will prepare a flyer to be placed in an upcoming utility bill mailing to inform the general public of the new regulations, as well as post information regarding the new regulations on the City's website. CONCLUSION/RECOMMENDATION Staff recommends adoption of these amendments to the City code to comply with the FDEP conditions attached to the NPDES permit. Attachments S:APlanning\SHARED\WP\SPECPRO.ECODEREVIEW\CDRV 19-004\StaffReport.doc -2 - Page 532 of 600 ORDINANCE NO. 19- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 4, SITE DEVELOPMENT STANDARDS, ARTICLE I, ENVIRONMENTAL PROTECTION STANDARDS AND CHAPTER 1, ARTICLE II, DEFINITIONS; ESTABLISHING FERTILIZER USE REGULATIONS AND ASSOCIATED DEFINITIONS PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 303(d) of the federal Clean Water Act and the resulting Florida Impaired Waters Rule (Chapter 62-303, Florida Administrative Code [F.A.C.]), the Florida Department of Environmental Protection (FDEP) has classified specific water bodies in Palm Beach County as "impaired" as a result of the presence of excessive nutrients; and WHEREAS, Florida Statute, Section 403.9337 requires local governments located within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to Florida Statute, Section 403.067, adopt an ordinance for Florida- FriendlyTM fertilizer use on urban landscapes; and WHEREAS, the FDEP on the 8th day of September 2016, issued its Palm Beach County Municipal Separate Storm Sewer System Permit No. FLS 000018-004 (hereinafter referred to as the "MS4 Permit") to forty (40) governmental entities including the City of Boynton Beach; and Page 533 of 600 WHEREAS, the MS4 permit requires local governments within the watershed of a nutrient impaired water body to adopt FDEP's Model Ordinance for Florida Friendly Fertilizer Use on Urban Landscapes or an Ordinance that includes all the requirements set forth in the Model Ordinance; and WHEREAS, surface water runoff and base flow runoff leaves residential neighborhoods, commercial centers, industrial areas, and other lands of Palm Beach County and enters into natural and artificial stormwater and drainage conveyances and natural water bodies in Palm Beach County; and WHEREAS, phosphorus and nitrogen, the primary nutrients associated with the degradation of surface water, are commonly the primary components of fertilizer for turf and landscape application; and WHEREAS, the quality of streams, lakes, and wetlands is important to environmental, economic, and recreational prosperity and to the health, safety, and welfare of the residents of Palm Beach County; and WHEREAS, algae blooms and accelerated growth of aquatic weeds in Palm Beach County's water bodies have heightened community concerns about water quality and eutrophication of surrounding waters; and WHEREAS, it is generally recognized that Eastern Palm Beach County soils naturally have adequate phosphorus content for most vegetative needs and that additional phosphorus is therefore only occasionally needed to create or maintain a vibrant landscape; and WHEREAS, it has been recognized that proper application of slow-release nitrogen sources is more efficiently used by plants and less likely to leach or runoff; and Page 534 of 600 WHEREAS, this Ordinance is part of a regulatory program to address nonpoint sources of nutrient pollution which is scientifically based, and economically and technically feasible; and WHEREAS, in the process of adoption of this Ordinance, the City of Boynton Beach has considered scientific information, including input from the Department of Environmental Protection, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. SECTION 2. Chapter 1, Article II of the Land Development Regulations entitled "Definitions" is hereby amended as follows: Definitions (LDR, Chapter 1, Article II): APPLICATION or APPLY-The actual physical deposition of fertilizer to turf or landscape plants. APPLICATOR - Any person who applies fertilizer on turf and/or landscape plants in the City of Boynton Beach. APPROVED TEST - A soil test from the University of Florida, government, or other commercial licensed laboratory that regularly performs soil testing and recommendations. BEST MANAGEMENT PRACTICES (BMPs) - Turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined Page 535 of 600 to be the most effective and practical site-specific means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. COMMERCIAL FERTILIZER APPLICATOR- Except as provided in section 482.1562(9), Florida Statutes (F.S.), any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicators. COMMUNITY STANDARDS OFFICER, OFFICIAL, or INSPECTOR - Any designated employee or agent of the City of Boynton Beach whose duty it is to enforce codes and ordinances enacted by City of Boynton Beach. FERTILIZER - Any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. FERTILIZING or FERTILIZATION - The act of applying fertilizer to turf, specialized turf, or landscape plants. INSTITUTIONAL APPLICATOR -Any person, other than a private, non-commercial or a Commercial Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators shall include, but shall not be limited to, owners, managers, or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. LANDSCAPE PLANT - Any native or non-native tree, shrub, or groundcover (excluding turf). Page 536 of 600 PASTURE - Land managed for livestock grazing. PROHIBITED APPLICATION PERIOD - The time period during which a Flood Watch or Warning, a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of City of Boynton Beach, issued by the National Weather Service, or if heavy rain (2 inches or more within a twenty-four (24) hour period) is likely. SATURATED SOIL - A soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this Ordinance, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. SLOW-RELEASE, CONTROLLED RELEASE, TIMED RELEASE, SLOWLY- AVAILABLE, or WATER INSOLUBLE NITROGEN - Nitrogen in a form which delays its availability for vegetative uptake and use after application, or which extends its availability to the vegetation longer than a reference rapid or quick release product. TURF, SOD, or LAWN - An area of grass-covered soil held together by the roots of the grass. URBAN LANDSCAPE - pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or landscape plants. For the purposes of this section, agriculture has the same meaning as provided in section 570.02, F.S. SECTION 3. FINDINGS: As a result of the Florida Department of Environmental Protection's determination that certain water bodies within Palm Beach County are impaired for excessive nutrient levels, the City of Boynton Beach finds that the best management practices contained in the most recent edition of the "Florida-Friendly Best Management Practices for Protection Page 537 of 600 of Water Resources by the Green Industries", are required and are necessary to implement within the City as set forth herein. SECTION 4. PURPOSE AND INTENT: This Ordinance regulates the proper use of fertilizers by any applicator; requires proper training of commercial and institutional fertilizer applicators; establishes training and licensing requirements; establishes a prohibited application period; and specifies allowable fertilizer application rates and methods, fertilizer-free zones, and exemptions. This Ordinance requires the use of Best Management Practices to minimize negative environmental effects associated with excessive nutrients in our water bodies. These environmental effects have been observed in and on Palm Beach County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset important to the environmental, recreational, cultural and economic well-being of Palm Beach County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, is anticipated to help improve and maintain water and habitat quality. SECTION 5. APPLICABILITY: This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer to urban landscapes within the City of Boynton Beach, unless such application is specifically exempted by Section 11 of this Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts. Page 538 of 600 SECTION 6. TIMING OF FERTILIZER APPLICATIONS. A. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period or to saturated soils. B. Fertilizer containing nitrogen and/or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first thirty (30) days after seeding or sodding, except when hydro-seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevent Plan for that site. SECTION 7. FERTILIZER FREE ZONES: Fertilizer shall not be applied within ten (10) feet, or three (3) feet if a deflector shield or drop spreader is used, of any pond, stream, water body, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340), F.A.C. or from the top of a seawall or lake bulkhead. Newly planted turf or landscape plants may be fertilized in this zone only for a sixty (60) day period beginning thirty (30) days after planting, if needed, to allow the vegetation to become well established. Caution shall be used to prevent direct deposition of fertilizer into the water. SECTION 8. FERTILIZER CONTENT AND APPLICATION RATES: A. Fertilizers applied to turf within the City of Boynton Beach shall be applied in accordance with requirements and directions provided by Rule 5E-1.003(2), F.A.C., "Labeling Requirements for Urban Turf Fertilizers". Under Rule 5E- 1.003(2), F.A.C., required application rate and frequency maximums, which vary by plant and turf types, are found on the labeled fertilizer bag or container. Page 539 of 600 B. Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in subsection A. above for turf, or in OF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. C. Fertilizer used for sports turf at golf courses shall be applied in accordance with the recommendations in "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses", published by the Florida Department of Environmental Protection, dated January 2007, as may be amended. Fertilizer used at park or athletic fields shall be applied in accordance with Rule 5E-1.003(2), F.A.C. SECTION 9. FERTILIZER APPLICATION PRACTICES: A. As required in Section 7 of this Ordinance, spreader deflector shields shall be used when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. B. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. C. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. Page 540 of 600 D. Property owners and managers are encouraged to use an Integrated Pest Management (IPM) strategy as currently recommended by the University of Florida Cooperative Extension Service publications and to utilize the plant selection and landscape design standards of the OF/IFAS Florida-Friendly Landscape Program. SECTION 10. MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER: In no case shall grass clippings, vegetative material, and/or vegetative debris intentionally be washed, swept, blown, or otherwise deposited onto or into stormwater drains, drainage ditches or conveyances, water bodies, wetlands, sidewalks or roadways. Any material that is accidently deposited shall be immediately removed to the maximum extent practicable and disposed of in accordance with applicable codes and regulations. SECTION 11. EXEMPTIONS: The provisions set forth above in this Ordinance shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 F.S.; (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c) any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. SECTION 12. TRAINING: A. All commercial and institutional applicators of fertilizer within the City of Boynton Beach shall abide by and successfully complete the six-hour training Page 541 of 600 program in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida/Palm Beach County Cooperative Extension Service "Florida-Friendly Landscapes" program or an approved equivalent program. B. Non-commercial and non-institutional applicators not otherwise required to be certified, such as private citizens on their own residential property, are encouraged to follow the recommendations of the University of Florida/IFAS "Florida-Friendly Landscape Program" and label instructions when applying fertilizers. SECTION 13. LICENSING OF COMMERCIAL APPLICATORS: A. All businesses applying fertilizer to turf or landscape plants (including, but not limited to, residential lawns, golf courses, commercial / industrial properties, and multi-family and condominium properties) must ensure that the business owner or his/her designee holds the appropriate "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation which may apply any fertilizer to Turf and/or Landscape Plants shall provide proof of completion of the program to the City of Boynton Beach Business Tax Office. It is the responsibility of the business owner to maintain the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries"certificate to receive their Business Tax Receipt annually. Page 542 of 600 B. After March 31, 2019, all commercial applicators of fertilizer within the City of Boynton Beach shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.117(18), F.A.C. C. All businesses applying fertilizer to turf and/or landscape plants (including, but not limited to, residential lawns, golf courses, commercial / industrial properties and multi-family and condominium properties) must ensure that at least one (1) employee has an appropriate "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a business tax certificate. SECTION 14. ENFORCEMENT: The provisions of this Ordinance shall be enforced by (1) the City of Boynton Beach Code Enforcement Board or Special Master pursuant to the authority granted by Section 162.01 et. seq., F.S., as may be amended and the City of Boynton Beach Code of Ordinances, as may be amended, or (2) the City of Boynton Beach through its authority to enjoin and restrain any person violating the City of Boynton Beach Code of Ordinances through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by Section 125.69, F.S., as may be amended. The City of Boynton Beach may also pursue any other enforcement remedies available at law or in equity. SECTION 15. PENALTIES: A. Failure to comply with the requirement of this Ordinance shall constitute a violation of this Ordinance and shall be punishable by a fine not to exceed $250 Page 543 of 600 per incident for the violation or a fine not to exceed $500 per incident for a repeat violation, and, in addition, may include all costs of repairs and remediation including administrative costs. Each new day the violation exists it is considered a separate incident. B. In determining the amount of fines that should be imposed, the Code Enforcement Board or Special Master shall consider the following factors: (1) the gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3)Any previous violations committed by the violator. If determined the violation is irreparable or irreversible in nature, a fine not to exceed $15,000 per violation may be imposed. SECTION 16. APPEAL: An aggrieved party, including the City of Boynton Beach, may appeal a final administrative order of the Code Enforcement Board or Special Master to the circuit court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board or Special Master. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. SECTION 17. Each and every other provision of the Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. SECTION 18. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. SECTION 19. Page 544 of 600 Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of the Ordinance. SECTION 20. Authority is hereby given to codify this Ordinance. SECTION 21. This Ordinance shall become effective immediately upon approval on second reading. FIRST READING this day of 2019. SECOND, FINAL READING AND PASSAGE this day of , 2019. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor— Vice Mayor— Commissioner— Commissioner— Commissioner— ATTEST: ommissioner—Commissioner—Commissioner— ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Page 545 of 600 EXHIBIT B ",)Sec. 4. Standards. The following standards shall be considered in order to ensure the protection of existing vegetation: A. General. All proposed developments shall be designed to preserve, perpetuate, and improve the existing natural character of the site. Existing native trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state; and additional landscape features shall be provided to enhance architectural features, to relate structural design to the site, and to conceal unattractive uses. In all instances the city's landscaping requirements and all other applicable regulations shall be fully complied with as minimum standards. No tree shall be removed from any city property, lands, public park, or any areas within a city right-of- way except in accordance with the provisions of this article. High-quality areas placed in preservation shall be retained in entirety in their current or improved natural state, and protected in perpetuity regardless of ownership. This requirement may be negotiated to create contiguous preservation among plant communities. During the site plan review process, the applicant shall be required to prove that the highest ecologically valued land is being retained first. If the preservation of the highest ecological valued land produces undue burden on the development of the site, it shall be the applicant's responsibility to prove such hardship and provide an acceptable alternative for approval. Rights-of-way and areas determined to be future rights-of-way in the Comprehensive Plan and utility or drainage easements shall not be allowed as designated set-aside areas. B. Preservation Efforts. 1. Beach Dunes. The natural vegetative cover on beach dunes shall be preserved in an undisturbed state of growth as a fragile ecosystem. No beach dune vegetation, grass, sea grape, and tree development shall be altered, removed, or changed except in accordance with federal, state, county, and local regulations. 2. Mangrove Areas. Well-documented scientific research has established that mangrove areas are the ecological base of the biological food chain for many important species, including some species of fish that are important for sport and commercial fishing. Mangrove trees, which are of considerable aesthetic value, also serve as protection against storm surge as well as provide a habitat/shelter for birds and other wildlife. For these reasons, land development and construction thereon, shall be conserved to the maximum extent possible and only altered in accordance with federal, state, county, and local regulations. 3. Specimen Tree Designation. The Director of Development may, by written request to the City Manager, recommend from time to time the official designation of certain trees located within the city as specimen trees. If the City Manager approves such recommendation, the matter shall be presented to the City Commission for final determination. The city shall notify by certified mail the affected property owner of the proposed hearing. The City Commission Page 546 of 600 shall accept, modify or deny the staff recommendation. Any proposal to remove a specimen tree shall be mitigated in accordance with Section 2.C. below. 4. Environmentally Sensitive Lands. a. General. The purpose and intent of this section is to preserve and protect the values and functions of environmentally sensitive lands from alterations that would result in the loss of these lands or significant degradation of their values and functions. b. Applicability. This subsection applies to all properties that contain environmentally sensitive lands with an "A", "B", or "C" rating as pursuant to Table 2 of the Conservation Element of the Comprehensive Plan. c. Standards. The following standards shall promote the preservation of natural resource sites: (1) If the property proposed for development is greater than ten (10) acres, or is a portion of a larger tract containing ten (10) or more acres of environmentally sensitive lands designated as an "A" rated site, the developer shall be required to preserve a minimum of twenty- five percent(25%) of all native plant communities on the site in one (1)unified preserve. Habitat shall be preserved with intact canopy, understory and ground cover. (2) If the property proposed for development is greater than ten (10) acres and has been designated as a "B" or "C" rated site, the developer shall be required to preserve a minimum of twenty-five percent(25%) of all native plant communities on the site. The preserve areas may be separated into micro preserves. Habitat shall be preserved with intact canopy, understory and ground cover. (3) Natural resource sites identified in Table 2 of the Conservation Element of the Comprehensive Plan and that exceeds ten (10) acres shall be subject to the twenty-five percent (25%)preserve area set aside notwithstanding subdivision into smaller parts. (4) The specific location of the preservation area shall be determined during the review of a master plan or site plan. If no master plan or site plan is required, then such determination shall occur during the review of the proposed plat. The ultimate area to be preserved shall be indicated on the approved plan and any corresponding plat. In determining the most appropriate location for the preserve area within the site, the city shall consider factors, which include, but are not limited to the following: proximity of the preserve area to developed and undeveloped property; potential for immediate or future consolidation with environmentally sensitive lands on abutting properties; ability to maintain the preserve area based upon surrounding development and land uses; and the recommendations of staff or any consultants retained by the city. The preserve area shall be maintained in accordance with a city approved preserve area management plan. C. Mitigation ofExisting Trees (Table 4-1 Mitigation ofExisting Trees). All existing trees that are not preserved in place or relocated on-site shall be mitigated in connection with a land development permit. The equivalent replacement for existing trees shall be based on caliper dimension or type of tree as indicated in the table below: Page 547 of 600 Type of Replacement Tree Type of Existing Tree Canopy Canopy Tree Large Small & Tree (> 24" Palm Medium (< 24" i Size Palm Caliper) Caliper) Tree Trees Canopy Tree (< 24" Caliper) 1 tree 1 tree 2 trees 3 trees 3 Canopy Tree (>24" Caliper) 1 tree 1 tree 4 trees 3 trees 3 Large Palm Tree 1 tree 1 tree 1 tree 3 trees Small & Medium Size Palm Trees 1 tree 1 tree 1 tree 1 tree ' Large palm trees are those species, such as Florida Royal, Canary Island Date,or any other palm species determined by staff to provide similar or greater shading compared to a canopy tree. 2 The cumulative caliper inches of existing trees to be removed shall be replaced on-site with an equal or greater number of caliper inches of a replacement canopy tree or trees. s A cluster of three(3)small or medium size palm trees shall be the equivalent replacement of one(1)canopy tree up to a size of 24 caliper inches. One additional cluster of palm trees shall be required for each increment of four(4) caliper inches(the common mathematical rule of rounding shall be used when tabulating partial increments).For canopy trees having a trunk size equal to or greater than 24 caliper inches,no more than 50%of the caliper inches of the replaced canopy tree shall be substituted with palm species. D. Forestry Practices and Procedures. 1. General. The Director of Planning and Zoning or designee shall use "The Urban Forestry Manual (L)-Trees and Construction", United States Department of Agriculture Forest Service, 2005 edition or latest supplement thereof as the arboricultural standard when determining which forestry practice or procedure to apply when reviewing the following types of activities: 1) any proposal to relocate, replace, or remove trees that are subject to the standards and permitting processes of this article; 2) any proposal where the grade of the site is to be raised or lowered around an existing plant; 3)where ditching for utilities, foundations, swimming pools, driveways or the like will severely cut root systems; 4)where large paved areas will delete the water supply and aeration necessary for the life of the tree or shrub; or 5)where a change in the grade or drainage of development will seriously harm natural areas to be retained. 2. Land Clearing and Construction. a. Vegetation that is set aside for preservation shall be protected from all on-site construction. During the land clearing and construction stage of development, the developer shall erect and maintain protective barriers (to city requirements consistent with best management practices) around all trees or groups of trees to be protected. The developer shall not allow the Page 548 of 600 movement of equipment or the storage of equipment, materials, debris or fill to be placed within the protective barrier. Removal or re-grading of soils within preservation areas is prohibited. Any damaged vegetation located within the set-aside areas shall be replaced with vegetation equivalent to the vegetation destroyed. b. During the construction stage of development, the developer shall not allow the cleaning of equipment or material within the drip line of any protected tree or groups of trees. Neither shall the developer allow the disposal of waste materials such as paint, oil solvents, asphalt, concrete, mortar, and the like within the drip line of any tree or groups of trees. c. No attachments or wires other than those of a protective nature shall be attached to any tree. d. If more than one (1) native terrestrial plant community is present on-site, areas representing all existing plant communities shall be preserved on-site unless preserving more of one (1)particular community is more ecologically beneficial. E. Seeding and Mulching. Properties shall be seeded with drought tolerant grass or other Florida-Friendly landscape material, and mulched within thirty (30) days after any clearing, grubbing, excavating, or filling activity, or prior to request for inspection to close out the land development permit, whichever occurs first, or subsequent to other major building demolition or site work. In the case where other site work is to occur and seeding and mulching will not be performed, the other site precautions, such as silt or erosion control fencing as deemed appropriate, protection of storm drains, etc., shall be immediately implemented. Staff shall inspect the seeded and mulched areas to ensure that adequate ground coverage has been obtained. Repeated seeding and mulching may be required until the satisfactory coverage is accomplished. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11; Am. Ord. 12-016, passed 10-2- 12) Sec. 5. Fertilizer Regulations. A. Purpose and Intent. This Ordinance regulates the proper use of fertilizers by any applicator, requires proper training of commercial and institutional fertilizer applicators, establishes training and licensing requirements, establishes a prohibited application period, and specifies allowable fertilizer application rates and methods, fertilizer-free zones, and exemptions. This Ordinance requires the use of Best Management Practices to minimize negative environmental effects associated with excessive nutrients in our water bodies. These environmental effects have been observed in and on Palm Beach County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset important to the environmental, recreational, cultural and economic well-being of Palm Beach County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, is anticipated to help improve and maintain water and habitat quality_ Page 549 of 600 B. Applicability. This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer to urban landscapes within the Cit. o�ynton Beach, unless such application is specifically exempted by Section 11 of this Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts. C. TimiW of Fertilizer Application. 1. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period or to saturated soils. 2. Fertilizer containing nitrogen and/or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first thirty (30) days after seeding or sodding, except when hydro-seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevent Plan for that site. D. Fertilizer Free Zones. Fertilizer shall not be applied within ten (10)feet, or three (3) feet if a deflector shield or drop spreader is used, of any pond, stream, water body, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62- 340), F.A.C. or from the top of a seawall or lake bulkhead. Newly planted turf or landscape plants may be fertilized in this zone only for a sixty (60) day period be ig nning thirty (30) days after planting, if needed, to allow the vegetation to become well established. Caution shall be used to prevent direct deposition of fertilizer into the water. E. Fertilizer Content and Application Rates. 1. Fertilizers applied to turf within the City of Boynton Beach shall be applied in accordance with requirements and directions provided by Rule 5E-1.003(2), F.A.C., "Labeling Requirements for Urban Turf Fertilizers". Under Rule 5E-1.003(2), F.A.C., required application rate and frequency maximums, which vary by plan and turf types, are found on the labeled fertilizer bag or container. 2. Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in subsection A. above for turf, or in OF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. 3. Fertilizer used for sports turf at golf courses shall be applied in accordance with the recommendations in "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses", published by the Florida Department of Environmental Protection, dated January 2007, as may be amended. Fertilizer used at park or athletic fields shall be applied in accordance with Rule 5E- 1.003(2), F.A.C. F. Fertilizer Application Practices. Page 550 of 600 I. As required herein, spreader deflector shields shall be used when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. 2. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container 3. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. 4. Property owners and managers are encouraged to use an Integrated Pest Management(IPM) strategy as currently recommended by the University of Florida Cooperative Extension Service publications and to utilize the plant selection and landscape design standards of the OF/IFAS Florida-Friendly Landscape Program. G. Management of Grass Clis and Vegetative Matter. In no case shallrad ss clippings, vegetative material, and/or vegetative debris intentionally be washed, swept, blown, or otherwise deposited onto or into stormwater drains, drainage ditches or conveyances, water bodies, wetlands, sidewalks or roadways. Any material that is accidently deposited shall be immediately removed to the maximum extent practicable and disposed of in accordance with applicable codes and regulations. H. TzeMtions. The provisions set forth above in this Ordinance shall not apply to: (1)bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 F.S. (2) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock, (3) any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. I. Training. 1. All commercial and institutional applicators of fertilizer within the City of Boynton Beach shall abide by and successfully complete the six-hour training program in the "Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida/Palm Beach County Cooperative Extension Service "Florida-Friendly Landscapes" program or an approved equivalent program. Page 551 of 600 2. Non-commercial and non-institutional applicators not otherwise required to be certified, such as private citizens on their own residential property, are encouraged to follow the recommendations of the University of Florida/IFAS "Florida- Friendly Landscape Program" and label instructions when applying fertilizers. J. Licensing of Commercial Applicators. 1. All businesses applying fertilizer to turf or landscape plants (including, but not limited to, residential lawns, golf courses, commercial /industrial properties, and multi-family and condominium properties) must ensure that the business owner or his/her designee holds the appropriate"Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation which may apply any fertilizer to Turf and/or Landscape Plants shall provide proof of completion of the program to the Cit.. o�ynton Beach Business Tax Office. It is the responsibility of the business owner to maintain the"Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" certificate to receive their Business Tax Receipt annually. 2. After July 31, 2019, all commercial applicators of fertilizer within the City of Boynton Beach shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.117(18), F.A.C. 3. All businesses applying fertilizer to turf and/or landscape plants (including, but not limited to, residential lawns, golf courses, commercial /industrial properties and multi-family and condominium properties) must ensure that at least one (1) employee has an appropriate"Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a business tax certificate. K. Enforcement. These provisions shall be enforced by (1)the City of Boynton Beach Code Enforcement Board or Special Master pursuant to the authority_granted by Section 162.01 et. seq., F.S., as may be amended and the City of Boynton Beach Code of Ordinances, as may be amended, or(2)the City of Boynton Beach through its authority to enjoin and restrain any person violating the City of Boynton Beach Code of Ordinances through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by Section 125.69, F.S., as may be amended. The City of Boynton Beach may also pursue any other enforcement remedies available at law or in equity_ L. Penalties. 1. Failure to comply with the requirement of this Ordinance shall constitute a violation of this Ordinance and shall be punishable by a fine not to exceed $250 per incident for the violation or a fine not to exceed $500 per incident for a repeat violation, and, in addition, may include all costs of repairs and remediation Page 552 of 600 including administrative costs. Each new day_ the violation exists it is considered a separate incident. 2. In determining the amount of fines that should be imposed, the Code Enforcement Board or Special Master shall consider the following factors: (1)the gravity of the violation, (2) Any actions taken by the violator to correct the violation, and (3) Any previous violations committed by the violator. If determined the violation is irreparable or irreversible in nature, a fine not to exceed $15,000 per violation may be imposed. M. Appeals. An aggrieved. party, including the City of Boynton Beach, may appeal a final administrative order of the Code Enforcement Board or Special Master to the circuit court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board or Special Master. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. Sec.-56. Hazardous or Diseased Trees. Any dying or dead tree the city determines poses a threat, hazard, or danger to the public shall be removed without delay by the property owner, without the need for obtaining a permit, provided the subject tree is removed under the supervision of a certified arborist in accordance with the standards of the International Society Arboriculture (ISA). This provision shall include diseased trees or those in a condition that could potentially contaminate other trees, such as the lethal yellowing of coconut palm trees. (Ord. 10-025, passed 12-7-10) Sec.67. Prohibited Trees, Exotic, and Invasive Species. A. General. Plants classified as a Category I species on the current prohibited list published by the Florida Exotic Pest Plant Council (FLEPPC) are not allowed within the city. B. Tree Removal and Mitigation. Any tree classified as a prohibited species under this subsection shall be removed at the expense of the property owner prior to commencement of construction in accordance with the following: 1. Vacant and Undeveloped Property. a. Less than Two (2) Acres. If the parcel of property is less than two (2) acres, no permit or review by the city is required to remove the exotic tree species listed above. A courtesy inspection and identification of exotic species may be performed by staff, at no cost to the property owner, upon request of the property owner. b. Two (2) Acres or Greater. If the parcel of property is equal to or greater than two (2) acres, a land development permit shall be required in accordance with the procedures set forth in Chapter 2, Article III, Section 3 to remove exotic and invasive species, except where exempt under the provisions of Section I.E. above. 2. Developed Property. On properties that have valid site plan (landscape plan) approval, no land development permit shall be required to remove exotic or invasive trees unless the subject trees were previously approved as part of, or contribute to landscape buffering, or to Page 553 of 600 otherwise comply with the standards of Chapter 2, Article II, Landscape Design and Buffering Standards. In these instances, the removal of all such trees shall be subject to the mitigation requirements of Section 3.C. above at the expense of the property owner. For the purpose of this section, the term "site plan" is construed to include master site plan and technical site plan applications, and to ultimately mean the process by which a landscape plan is approved. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11) * Sec.-78. Appeals. A. General. Any aggrieved person may appeal a decision of an administrative official in accordance with Chapter 1, Article VIII, Section 1. B. Environmentally Sensitive Lands. When appealing the provisions of Section 3.13.4. above, the appellant shall address the following: 1. Whether the subject property is an environmentally sensitive land or contains endangered, threatened, and rear species and/or species of special concern in accordance with the definitions in Chapter 1, Article II; and 2. Whether the conditions placed on the development application are reasonable and represent sound environmental practices necessary to mitigate possible harmful impacts upon the subject property and are necessary in order to protect the health, safety, and welfare of the citizens of the city. (Ord. 10-025, passed 12-7-10) Sec.89. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations, or as otherwise defined herein_ In addition, the removal of each tree shall constitute a separate offense under this article. Page 554 of 600 12.A. LEGAL 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-020 - FIRST READING -Approve proposed amendments to Part 11, Code of Ordinances, Chapter 10, Article 11, Refuse, Garbage and Trash, Section 10-30, Rates and charges for City service; allowing rates to be set by resolution of the Commission. EXPLANATION OF REQUEST: Solid Waste operations are fully funded through an approved rate structure. As operational and capital costs increase or decrease, rates should be adjusted to ensure financial sustainability of the Division. In order to maintain long term financial stability, rates should be reviewed and adjusted annually based on projected changes in the cost of supplies, materials, labor, and contractual services. Costs changes in these categories are captured by the federal government and published in various Consumer Price Indices (CPI's). Staff is proposing to replace the existing fee structure from the City Code of Ordinances and allow rates to be set by resolution of the City Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A well managed and funded Solid Waste operation is an important part of the ongoing success of the city. The services provided are some of the essential requirements needed to provide a good quality of life to the residents and business. FISCAL IMPACT: Budgeted Appropriate rates for the services of the Solid Waste Division are essential for the long term stability of the operation with the appropriate level of investment in the maintenance and improvement of the Division. ALTERNATIVES: Maintain the existing method of rate adjustments. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 555 of 600 ATTACHMENTS: Type Description D Ordinance Ordinance approving removal of Solid Waste rates in Code and done by Resolution Page 556 of 600 I ORDINANCE NO. 19- 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AMENDING CHAPTER 10 OF THE CITY'S 4 CODE OF ORDINANCES, "GARBAGE, TRASH AND 5 OFFENSIVE CONDITIONS," ARTICLE II, "REFUSE, 6 GARBAGE AND TRASH", SECTION 10-30,"RATES AND 7 CHARGES FOR CITY SERVICE" ALLOWING FOR 8 SOLID WASTE RATES TO BE SET BY RESOLUTION; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 WHEREAS, Solid Waste operations are fully funded through an approved rate 12 structure and as operational and capital costs increase or decrease, rates should be adjusted to 13 ensure financial sustainability of the utility; and 14 WHEREAS, in order to maintain long term financial stability,rates should be adjusted 15 annually based on projected changes in the cost of supplies, materials, labor, and contractual 16 services which costs changes in these categories are captured by the federal government and 17 published in various Consumer Price Indices (CPI's); and 18 WHEREAS, the City Commission finds the adoption of the proposed ordinance is in 19 the best interest of the health, safety, and welfare of the citizens and residents of the City of 20 Boynton Beach. 21 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY 22 COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 23 Section 1. Each "Whereas" clause set forth above is true and correct and 24 incorporated herein by this reference. 25 Section 2. Chapter 10,Garbage,Trash and Offensive Conditions,Article H,Refuse, 26 Garbage and Trash, Section 10-30 is amended as follows: 27 28 ARTICLE II. REFUSE, GARBAGE AND TRASH* 29 30 ... 31 32 Sec. 10-30. Rates and charges for City service. 33 The rates and charges for refuse collection service provided by the City shall be as follows: 34 35 Current rate schedules shall be maintained on file in the Office of the City Cleric and shall be 36 available, without charge, to the public. Fees shall be paid according to the fee schedule S:ACA\Ordinances\Solid Waste Rate Increase By Resolution(2019)-Ordinance.Docx -1- Page 557 of 600 72 approved by the City Commission. All Solid Waste Division fees are subject to amendment 73 by resolution by the City Commission. 74 (all 16'emmepei6i 75 (1) Monthly eoffliffle.,_; 76 77 78 . 79 11. n;sposal ekar-ge-A fixed disposal ehar-ge as se+ and modilie,l +;__ +_ +;__ 80 81 82 83 84rp 85 86 87 r0 88 90 91 92 . 93 94 95 Dep ,.4v , 96 . 97 - �;� v � , Mdk; �, <. For FY-2017-18 , For FY-2018-19 For �T�19 28 M7.58 5- For FY -0-21 � For v � For 98 - For 99 100 101 M ar- ops .,diti ns 102 103 Section 3. Each and every other provision of Chapter 10, not herein specifically 104 amended shall remain in full force and effect as previously enacted. 105 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same 106 are hereby repealed. S:ACA\Ordinances\Solid Waste Rate Increase By Resolution(2019)-Ordinance.Docx -2- Page2- Page 558 of 600 107 Section 5. Should any section or provision of this ordinance or portion hereof, any 108 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 109 decision shall not affect the remainder of this ordinance. 110 Section 6. Authority is hereby granted to codify said ordinance. 111 Section 7. This ordinance shall become effective immediately upon its passage and 112 adoption. 113 FIRST READING this day of , 2019. 114 115 SECOND, FINAL READING AND PASSAGE this day of 116 , 2019. 117 118 CITY OF BOYNTON BEACH, FLORIDA 119 YES NO 120 121 Mayor— Steven B. Grant 122 123 Vice Mayor—Justin Katz 124 125 Commissioner—Mack McCray 126 127 Commissioner—Christina L. Romelus 128 129 Commissioner—Ty Penserga 130 131 132 VOTE 133 ATTEST: 134 135 136 137 Queenester Nieves 138 Deputy City Clerk 139 140 141 142 (Corporate Seal) S:ACA\Ordinances\Solid Waste Rate Increase By Resolution(2019)-Ordinance.Docx -3- Page 559 of 600 12.B. LEGAL 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-021 - FIRST READING - Approving the partial abandonment an 11 ft. by 30 ft. portion of an existing utility easement along Woolbright Road as part of the Wawa project located at Woolbright Road and Congress Avenue. This area will be dedicated as public right of way by Palm Beach County, and the City utilities will be located within the public right of way. EXPLANATION OF REQUEST: As part of the Wawa project at Woolbright Road and Congress Avenue, a partial abandonment of an 11 ft. by 30 ft. portion of an existing utility easement is required. The abandoned portion of the easement will be dedicated as public right of way to comply with Palm Beach County's expanded intersection requirements and allow for a required right turn lane from Woolbright Road to Congress Avenue. The County requires the dedication area to be free and clear of any encumbrances or encroachment, therefore the purpose of the abandonment is to clear the title to allow the dedication as public right of way. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no adverse impact to City programs or services. The City's utilities will be accessible within the public right of way. FISCAL IMPACT: Budgeted There is no fiscal impact to the City. ALTERNATIVES: Do not approve the abandonment. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 560 of 600 ATTACHMENTS: Type Description D Ordinance Ordinance for partial abandonment of existing Utility Easement for Wawa Project (Woolbright) D Addendum Utility Easement Abandonment Sketch and Legal Description D Addendum Specific Purpose Survey with Portion of Utility Easement to be Abandoned Highlighted D Addendum Right of Way Dedication D Addendum Existing Utility Easement Page 561 of 600 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE PARTIAL ABANDONMENT 5 OF AN EXISTING 11 FOOT BY 30 FOOT WIDE PORTION OF 6 A UTILITY EASEMENT ALONG WOOLBRIGHT ROAD AS 7 PART OF THE WAWA PROJECT LOCATED AT 8 WOOLBRIGHT ROAD AND CONGRESS AVENUE, SUBJECT 9 TO STAFF COMMENTS; AUTHORIZING THE CITY 10 MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL 11 BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC 12 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City is requesting the partial abandonment of a portion of an 16 existing 11 foot by 30 foot wide utility easement recorded December 18, 2000, in ORB 17 12202, Page 1344 of the Public Records of Palm Beach County; and 18 19 WHEREAS, the abandoned portion of the easement will be dedicated as a public 20 right of way to comply with Palm Beach County's expanded intersection requirements and 21 allow for a required right turn lane from Woolbright Road to Congress Avenue; and 22 23 WHEREAS, the County requires the dedication area to be free and clear of any 24 encumbrances or encroachments, therefore the purpose of the abandonment is to clear title 25 to allow the dedication as a public right of way and the City's utilities will be accessible 26 within the public right of way; and 27 28 WHEREAS, comments have been solicited from the appropriate City 29 Departments, and public hearings have been held before the City Commission on the 30 proposed abandonment; and 31 32 WHEREAS, staff finds that the portion of utility easement no longer serves a 33 public purpose, and the City Commission adopts that finding. 34 35 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 36 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 37 38 Section 1. The foregoing Whereas clauses are true and correct and 39 incorporated herein by this reference. 40 41 Section 2. The City Commission of the City of Boynton Beach, Florida, does 42 hereby partially abandon a portion of an existing 11 foot by 30 foot wide utility easement 43 recorded December 18, 2000, in ORB 12202, Page 1344 of the Public Records of Palm 44 Beach County, subject to staff comments. The property being abandoned is more 45 particularly described as follows: 46 47 A PORTION OF THE NORTHWEST ONE—QUARTER (NW 1/4) OF SECTION 32, 48 TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND 49 BEING ALSO KNOWN AS A PORTION OF TRACT H-5 AS MARKED (NOT S:\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbright(Wawa)-Ordinance.dou Page 562 of 600 50 INCLUDED) ON THE PLAT OF TENTH SECTION, PALM BEACH LEISUREVILLE 51 RECORDED IN PLAT BOOK 30,PAGES 129 THROUGH 141 OF THE PUBLIC RECORDS 52 OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 53 FOLLOWS: 54 55 COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE 56 S87"39'39"W ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE 57 CENTERLINE OF SOUTHWEST 15TH AVENUE (WOOLBRIGHT ROAD)AS SHOWN ON 58 SAID PLAT, A DISTANCE OF 444.27 FEET; THENCE, DEPARTING SAID LINE, 59 NO2"20'21"W, A DISTANCE OF 7.00 FEET TO A POINT OF INTERSECTION WITH 60 THE NORTH RIGHT—OF—WAY LINE OF SAID SOUTHWEST 15TH 61 AVENUE(WOOLBRIGHT ROAD) , AS RECORDED IN OFFICIAL RECORD BOOK 62 2494, PAGE 586 OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; 63 THENCE S87"39'39"W ALONG SAID NORTH RIGHT—OF—WAY LINE,A DISTANCE OF 64 30.00 FEET; THENCE NO2"20'21"W, A DISTANCE OF 11.00 FEET; THENCE 65 N87"39'39"E, A DISTANCE OF 30.00 FEET; THENCE S02"20'21"E, A DISTANCE OF 66 11.00 FEET TO THE POINT OF BEGINNING. 67 68 SAID LANDS LYING IN SECTION 32,TOWNSHIP 45 SOUTH,RANGE 43 EAST,CITY 69 OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA 70 CONTAINING A TOTAL OF 330 SQUARE FEET/0.0076 ACRES MORE OR LESS. 71 72 Section 3. The City Manager is hereby authorized and directed to execute the 73 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 74 Records of Palm Beach County, Florida. 75 76 Section 4. This Ordinance shall take effect immediately upon passage. 77 78 FIRST READING this day of , 2019. 79 80 SECOND, FINAL READING AND PASSAGE THIS day of 81 2019. 82 83 CITY OF BOYNTON BEACH, FLORIDA 84 85 YES NO 86 87 Mayor— Steven B. Grant 88 89 Vice Mayor—Justin Katz 90 91 Commissioner—Mack McCray 92 93 Commissioner—Christina L. Romelus 94 95 Commissioner—Ty Penserga 96 97 VOTE 98 S:\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbright(Wawa)-Ordinance.dou Page 563 of 600 99 ATTEST: 100 101 102 103 Queenester Nieves 104 Deputy City Clerk 105 106 107 (Corporate Seal) S:\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbright(Wawa)-Ordinance.docx Page 564 of 600 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of an existing utility easement recorded December 18,2000 in ORB 12202,Page 1344 of the Public Records of Palm Beach County, subject to staff comments. The property being abandoned is more particularly described as follows: A PORTION OF THE NORTHWEST ONE—QUARTER (NW 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS A PORTION OF TRACT H-5 AS MARKED (NOT INCLUDED) ON THE PLAT OF TENTH SECTION,PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, PAGES 129 THROUGH 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE S87"39'39"W ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 15TH AVENUE (WOOLBRIGHT ROAD) AS SHOWN ON SAID PLAT,A DISTANCE OF 444.27 FEET;THENCE,DEPARTING SAID LINE, NO2"20'21"W,A DISTANCE OF 7.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT—OF—WAY LINE OF SAID SOUTHWEST 15TH AVENUE(WOOLBRIGHT ROAD),AS RECORDED IN OFFICIAL RECORD BOOK 2494, PAGE 586 OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE S87"39'39"W ALONG SAID NORTH RIGHT—OF—WAY LINE,A DISTANCE OF 30.00 FEET; THENCE NO2"20'21"W, A DISTANCE OF 11.00 FEET; THENCE N87"39'39"E, A DISTANCE OF 30.00 FEET; THENCE S02"20'21"E, A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA CONTAINING A TOTAL OF 330 SQUARE FEET/0.0076 ACRES MORE OR LESS. IN WITNESS WHEREOF,the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2019. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Queenester Nieves Lori LaVerriere, City Manager Deputy City Clerk S:\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbright(Wawa)-Ordinance.dou Page 565 of 600 STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2019. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbright(Wawa)-Ordinance.dou Page 566 of 600 EXHIBIT "A" DESCRIPTION: A PORTION OF THE NORTHWEST ONE—QUARTER (NW 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS A PORTION OF TRACT H-5 AS MARKED (NOT INCLUDED) ON THE PLAT OF TENTH SECTION, PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, PAGES 129 THROUGH 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE S87°39'39"W ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 15TH AVENUE (WOOLBRIGHT ROAD) AS SHOWN ON SAID PLAT, A DISTANCE OF 444.27 FEET; THENCE, DEPARTING SAID LINE, NO2°20'21"W, A DISTANCE OF 7.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT—OF—WAY LINE OF SAID SOUTHWEST 15TH AVENUE(WOOLBRIGHT ROAD) , AS RECORDED IN OFFICIAL RECORD BOOK 2494, PAGE 586 OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE S87°39'39"W ALONG SAID NORTH RIGHT—OF—WAY LINE, A DISTANCE OF 30.00 FEET; THENCE NO2°20'21"W, A DISTANCE OF 11.00 FEET; THENCE N87°39'39"E, A DISTANCE OF 30.00 FEET; THENCE S02°20'21"E, A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA CONTAINING A TOTAL OF 330 SQUARE FEET/0.0076 ACRES MORE OR LESS. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE ABSTRACTED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, FILE NO. 18127297 JC4, DATE: MARCH 8, 2019 AT 8:00 A.M.. REVISED MARCH 18, 2019 AT 8:31 AM, ALL PLOTTABLE EXCEPTIONS ARE SHOWN. 3. BEARINGS AND DISTANCES SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF S87°39'39"W ALONG THE NORTH RIGHT—OF—WAY LINE OF WOOLBRIGHT ROAD ALSO BEING THE SOUTH LINE OF THAT PARCEL MARKED AS (NOT INCLUDED) TRACT H-5 ON THE PLAT OF TENTH SECTION, PALM LEISUREVILLE, RECORDED IN PLAT BOOK 30, PAGES 129-141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4. RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT) BASED ON FIELD MEASUREMENTS. 5. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 6. REFERENCES TO PLAT BOOKS OR OFFICIAL RECORDS BOOK PERTAIN TO THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JUNE 14, 2019. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. SHEET 1 OF 3 D g bl ly signed by Dad d CAUL_FIELD & WHEELER INC. dVld Lindley DATE 6/14/19 DN c US,s[Fbnds,l Boc CIVIL ENGINEERING — LAND PLANNING _Is.nn�nrveyng o Caulfeldn Wheeler,Inc, 1 LANDSCAPE ARCHITECTURE — SURVEYING DavdLnd1ey 1� t' 7900 GLADES ROAD — SUITE 100 indley�eo;9�;4104309m DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX561 —750-1452 DAVID P. LINDLEY F.B./ PG. N/A REGISTERED LAND WAWA WOOLBRIGHT AND CONGRESS SURVEYOR NO. 5005 SCALE NONE BOYNTON UE ABANDONMENT STATE OF FLORIDA SKETCH OF DESCRIPTION L.B. 3591 JOB EXHIBIT "A" Li J Z Ln Q W Q ui cn V) Q NORTH w cn Q 0 LiLi LOCATION MAP _:j z NOT TO SCALE rPROJECT z LOCATION WOOLBRIGHT ROAD SECTION 32 TOWNSHIP 45 SOUTH, RANGE 43 EAST NOTES COORDINATES, BEARINGS AND DISTANCES COORDINATES SHOWN ARE GRID DATUM = NAD 83 (90 ADJUSTMENT) ZONE = FLORIDA EAST LINEAR UNIT = US SURVEY FEET COORDINATE SYSTEM 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION ALL DISTANCES ARE GROUND SCALE FACTOR = 1.000042659 GROUND DISTANCE X SCALE FACTOR = GRID DISTANCE BEARINGS AS SHOWN HEREON ARE GRID DATUM, NAD 83 (90 ADJUSTMENT), FLORIDA EAST ZONE. ROTATION EQUATION, GRID TO PLAT LEGEND 00'23'13" CLOCKWISE — CENTER LINE P.O.C.— POINT OF COMMENCEMENT B.E. — BUFFER EASEMENT PGS — PAGE(S) D.E. — DRAINAGE EASEMENT R — RADIUS R/W — RIGHT—OF—WAY ESMT. — EASEMENT RGE. — RANGE F.P.L.—FLORIDA POWER & LIGHT SEC — SECTION L — ARC LENGTH A — DELTA (CENTRAL ANGLE) L.A.E. — LIMITED ACCESS EASEMENT TWP. — TOWNSHIP O.R.B. — OFFICIAL RECORD BOOK P.B. — PLAT BOOK U.E. — UTILITY EASEMENT P.B.C.R. — PALM BEACH COUNTY RECORD W.E. — WATER EASEMENT P.O.B. — POINT OF BEGINNING S.E. — SANITARY EASEMENT SHEET 2 OF 3 CAULFIELD & WHEELER, INC. DATE 6/14/19 CIVIL ENGINEERING — LAND PLANNING LANDSCAPE ARCHITECTURE — SURVEYING 7900 GLADES ROAD — SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 52 FAX 561 —750-14F.B./ PG. N A WAWA WOOLBRIGHT AND CONGRESS SCALE NONE BOYNTON UE ABANDONMENT SKETCH OF DESCRIPTION JOB EXHIBIT "A" 10'X148' FPL ESMT-- 10'X148' FPL ESMT (ORB 12020, PG 605)l (ORB 12020, PG 605) TRACT H-5 UNPLATTED (PLAT BOOK 30, PAGES i P.O.C. 129-141) 1 — — — S.E. CORNER OF THE MARKED (NOT 30'X30' WATER ESMT Ij3E INCLUDED) TRACT H-5 ON THE PLAT OF (ORB 12202, PG 1344) 1 II TENTH SECTION, PALM LEISUREVILLE 1 (PLAT BOOK 30, PAGES 129-141) N 87'39 1 30,Q30'X30' WATER ESMT (ORB 12202, PG 1344) 5022021 E NO2'20'21"W11.00' IP.O.B. 11.00' NO2°20'21"W 7 RAW -7.00' S87'39'39"W(GRID)— 444.27' (ORB 2494, PAGE 58 — — — — — — — — — — �� BEARING BASIS - - - - - - - - - - S87'39'39"W 30.00' o N. RIGHT-OF-WAY LINE o (ORB 1736, PG 688) Ln o S.W. 15TH AVENUE/WOOLBRIGHT ROAD o (PUBLIC RIGHT-OF-WAY) (WIDTH VARIES) (ORB 1736, PG 688) S87°39'39"W (GRID) — — — — —� GRAPHIC SCALE ( IN FEET ) 0 10 20 40 NORTH INTI INCH DED DISPLAY FEET SHEET 3 OF 3 CAUL_FIELD & WHEELER, INC. DATE 6/14/19 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY DLS f. 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX (561)-750-1452 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1"=20' BOYNTON UE ABANDONMENT SKETCH OF DESCRIPTIONJOB -ll;' a°s °» 4664 L6t V012101-1 7.1Nf10O HOV38 WIVd � LA IIII-�s -1 °°° 'HOV38 NO1W.08 -101.1103 'a" ' '1SV3 £b 30NV8 'Hinos 9* dIHSNM01a °"a33"°"3 Ni 'v I-]-] HII e a uu i lv� 'Z£ N01103S -10 N01180d V [I ;p - = o - op � - W r O r ry�zz Q 0 O U =S H U W m Q ® Qa O W D ~m O MOW r ~ U m r _ �W W �or czu F—V) ® r',Oa a W �¢M eeea�eeeA goo ga < a <: o� s6 j—Sd3LNi 6gd�666o6 6 n6': eft er t� xW a0 o N m,, Aaaa$oa InNIAv SS3dONc3 of o s s s Q o0 w m d p O x nnooa0000a 3 oa a:o 000000a�oo - 3 0 u)m w o IV d1%.dV11�IW Wof o 0 0 a Q n „`ora„ VOINOI-i 'AiNnOD HOV38 HlVd 30tl 'HOV38 NOIN1.08 d0 Lilo E: ea Novdna 3. s i, —IN I”°"v"°IN-1.v°'�� a"v��'1 1SV3 £4 30NV21 `H1f10S Sb dIHSNM01 SNI ']a�l lnn� a�al��rni� Z£ NOLL03S d0 NOLL210d V I I I I _ I I s ® s SO1'23'53'E a� I I I L_—� aa,c I I 1 i . I I I mel I I I r of � @ I I rqua us"vc.n� � I I I Ime,zsze zas,nin I � @I I s Is I I '__ .... � i I I I Iii I�g�'I a l asp 1� II I I I I I � C3 I I S.�z I � � = r z z ol SII i i s sr i R S I z= I I I I ' I II i ISI 2)¢ m� v91 Iq� z I g' m rT�[If(n Q go I I I it I 8� 1= I Ips — _— =1 I i �. yo��3� gxl sl I ��li , � _m /5012325 EL3g ? I R/W OEOICAMN s„ a 7 pl w / w 3 ww ozs — �/ i m�zw z zw p � a w I ao.o' ^ NO1'2 a 1 wwr _ A PM 5 __m _.. @saaso„2zr__. "1 12 _ s 1 N.. ooaaaa�aa��,aN..�3 SII - wF vasc a m o IIIM zS z a w w r e o 11 u ) n o I wz j¢~YW woo W o z L ES A (t o IIIN 12 2 csz'1s• (clk0) 21111os 91121211 v _ zs�z C o`a sl �ow�wwo m nE w E DESCRIPTION: EXHIBIT "A" A PORTION OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS TRACT H-5, LESS THE EAST 200 FEET THEREOF, AS MARKED (NOT INCLUDED) ON THE PLAT OF TENTH SECTION, PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, PAGES 129 THROUGH 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE, ALONG THE NORTH LINE OF SAID SECTION 32, N8739'39"E, A DISTANCE OF 60.01 FEET; THENCE, DEPARTING SAID NORTH LINE, ALONG A LINE 60.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 32, S01°23'16E, A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 32 AND THE POINT OF BEGINNING; THENCE, ALONG SAID PARALLEL LINE, N8739'39"E, A DISTANCE OF 13.76 FEET TO A POINT ON A LINE 73.76 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 32; THENCE, ALONG SAID PARALLEL LINE, S01°23'25"E, A DISTANCE OF 141.94 FEET; THENCE S46°51'53"E, A DISTANCE OF 56.24 FEET TO A POINT ON A LINE 71 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF S.W. 15TH AVENUE (WOOLBRIGHT ROAD), AS NOW LAID OUT AND IN USE; THENCE, ALONG SAID PARALLEL LINE, N8739'39"E, A DISTANCE OF 436.23 FEET TO A POINT ON A LINE 550 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 32; THENCE, ALONG SAID PARALLEL LINE, S01°23'53"E, A DISTANCE OF 11.00 FEET TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF S.W. 15TH AVENUE (WOOLBRIGHT ROAD), AS NOW LAID OUT AND IN USE; THENCE, ALONG SAID PARALLEL LINE, S8739'39"W, A DISTANCE OF 439.26 FEET; THENCE N46°51'53"W, A DISTANCE OF 71.29 FEET TO A POINT ON A LINE 60.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 32; THENCE, ALONG SAID PARALLEL LINE N1°23'25"W, A DISTANCE OF 142.20 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA CONTAINING A TOTAL OF 7,408 SQUARE FEET/0.1701 ACRES MORE OR LESS. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE ABSTRACTED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, FILE NO. 18127297 JC4, DATE: MARCH 8, 2019 AT 8:00 A.M.. REVISED MARCH 18, 2019 AT 8:31 AM, ALL PLOTTABLE EXCEPTIONS ARE SHOWN. 3. BEARINGS AND DISTANCES SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF S01°23'25"E ALONG THE WEST LINE OF THE NORTHWEST ONE QUARTER OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT) AND BASED ON FIELD MEASUREMENTS. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. REFERENCES TO PLAT BOOKS OR OFFICIAL RECORDS BOOK PERTAIN TO THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON APRIL 26, 2019. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. SHEET 'I OF 7 CAUL_FIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 1� t' 7900 GLADES ROAD - SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX (561)-750-145L DAVID P. LINDLEY F.B./ PG. N/A REGISTERED LAND WAWA WOOLBRIGHT AND CONGRESS SURVEYOR NO. 5005 SCALE NONE RIGHT-OF-WAY DEDICATION PARCEL STATE OF FLORIDA SKETCH OF DESCRIPTION L.B. 3591 JOB P&p7 EXHIBIT "A" OKEECHOBEE BLVD. Li J Z Ln Q W ~ Q ui cn V) Q NORTH w cn _- 0 Li LOCATION MAP J z PROJECT z NOT TO SCALE LOCATION — WOOLBRIGHT ROAD SECTION 32 TOWNSHIP 45 SOUTH, RANGE 43 EAST NOTES COORDINATES, BEARINGS AND DISTANCES COORDINATES SHOWN ARE GRID DATUM = NAD 83 (90/98 ADJUSTMENT) ZONE = FLORIDA EAST LINEAR UNIT = US SURVEY FEET COORDINATE SYSTEM 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION ALL DISTANCES ARE GROUND SCALE FACTOR = 1.000042659 GROUND DISTANCE X SCALE FACTOR = GRID DISTANCE BEARINGS AS SHOWN HEREON ARE GRID DATUM, NAD 83 (90 ADJUSTMENT), FLORIDA EAST ZONE. ROTATION EQUATION, GRID TO PLAT LEGEND 00'23'13" CLOCKWISE — CENTER LINE P.O.C.— POINT OF COMMENCEMENT B.E. — BUFFER EASEMENT PGS — PAGE(S) D.E. — DRAINAGE EASEMENT R — RADIUS R/W — RIGHT—OF—WAY ESMT. — EASEMENT RGE. — RANGE F.P.L.—FLORIDA POWER & LIGHT SEC — SECTION L — ARC LENGTH A — DELTA (CENTRAL ANGLE) L.A.E. — LIMITED ACCESS EASEMENT TWP. — TOWNSHIP O.R.B. — OFFICIAL RECORD BOOK P.B. — PLAT BOOK U.E. — UTILITY EASEMENT P.B.C.R. — PALM BEACH COUNTY RECORD W.E. — WATER EASEMENT P.O.B. — POINT OF BEGINNING S.E. — SANITARY EASEMENT SHEET 2 OF 7 CAULFIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING — LAND PLANNING LANDSCAPE ARCHITECTURE — SURVEYING 7900 GLADES ROAD — SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 52 FAX 561 —750-14F.B./ PG. N A WAWA WOOLBRIGHT AND CONGRESS SCALE NONE RIGHT—OF—WAY DEDICATION PARCEL SKETCH OF DESCRIPTION JOB 7 EXHIBIT "A" 30 29 I CENTERLINE OF L.W.D.D. CANAL L-26 _ _ N87'39' 01:7N87'39'39"E (GRID) 60.01'1 N LINE OF SECTION 32 31 32 P.O.C. I N.W. CORNER SECTION 32, TOWNSHIP 45S, RANGE 43E 1 0 0 o N I w W -� 0 o N 793569.698 I _ _ E 953671.518 I _ fv C N o 00NOD � 1 m N m r') I G7D P.O.B. ;mu m N 793532.1451 I , U z z E 953732.447 N87 39,39++E 41 13.76' 60.00' I I I I I I I I 73.76' I 1 1 - 1 wO N D I z om0 o Ln I -Ti ; � m � � 1 A -- m C7 m w N 00 0 W DC7 c''_ cn W 22 0 I ^j LWDD ACCESS ESMT 1 r Z - m 0 y z Ln (ORB 11375, PG 1081) 1 m CO 01 z z 1 II m _ J 00 o � � � N 1 - - - - - - - - - - � rO N� N 110.00 z� � C00 ry < D � � -vD Wr, W W o � 1 r n 0 c 0 o m D� 0m0 rn = C o o L4 w Z GO 0 1� ;a � � G7 o (� m _0 L14 C) z 10 C) `. w m (n N n m o � 1° o ion I z ww 0 I 0b 0 N GRAPHIC SCALE NORTH 1 No ( I N FEET ) 73.76' zo 0 10 20 40 010.00' 1 _ 13.76' MATCHLINE SEE SHEET 5 OF 8 INTENDED DISPLAY SCALE 1 INCH = 20 FEET SHEET 3 OF 7 CAUL_FIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY DLS f. 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX 561 -750-1452 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1))=20) RIGHT-OF-WAY DEDICATION PARCEL SKETCH OF DESCRIPTION [JOB 7 EXHIBIT "A" MATCHLINE SEE SHEET 4 OF 8 60.00' 13.76 o 73.76' z TRACT H-5 o N UNPLATTED CONGRESS AVENUE N w zo N OWNER: BW WOOLBRIGHT I (PUBLIC RIGHT-OF-WAY WIDTH VARIES) I O Iv " v! CONGRESS LLC 60.00' 10.00 v! m PROPERY CONTROL NUMBER 1 oo S 08434532000003080 N 793389.981 � �.�� 6'• OFFICIAL RECORD 1 E 953735.897 I `S/shy BOOK 29937, PAGE 413 550.00' I /� 6'- /C N 793352.356 1 1• '9E 953790.681 co o 9 � > N8436.23' W W cN,a 9cF '?,9. moo. o cn \ S� o rN ri \ 6J S87.39 39, W Z 439.26— N N. RIGHT-OF-WAY LINE a co (ORB 1736, PG 688) w o zCo o 1 m m 0 o W S.W. 15TH STREET WOOLBRIGHT ROAD o W 1 N O O C/) 00 "' (PUBLIC RIGHT-OF-WAY) m � ; (WIDTH VARIES) Z 0 (ORB 1736, PG 688) CAo N 1 1 I S87'39'39"W (GRID) — — GRAPHIC SCALE ( IN FEET ) 0 10 20 40 NORTH INTENDED DISPLAY SCALE 1 INCH = 20 FEET SHEET 4 OF 7 CAUL_FIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY DLS f. 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX 561 -750-1452 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1))=20) RIGHT-OF-WAY DEDICATION PARCELLl I , 5-6�1 SKETCH OF DESCRIPTION j JOB EXHIBIT "A" TRACT H-5 10'X148' FPL ESM UNPLATTED (ORB 12020, PG 605) 1 OWNER: BW WOOLBRIGHT CONGRESS LLC I 1 1 PROPERY CONTROL NUMBER 08434532000003080 I 1 OFFICIAL RECORD BOOK 29937, PAGE 413 550.00' 30'X30' WATER ESMT (ORB 12202, PG 1344) 001 I 110o 01 IIo N 87'39'39"E 436.23' I ^ N o R/W DEDICATION W W � N 7 R/W 439.26' N z 1 S87'39'3991W — (ORB 2494, PAGE 586)— — — — — — — — — — — 1 J J � � Q Q � o � N. RIGHT-OF-WAY LINE (ORB 1736, PG 688) 1w o S.W. 15TH STREET / WOOLBRIGHT ROAD o g 1 1 (PUBLIC RIGHT-OF-WAY) 1 (WIDTH VARIES) (ORB 1736, PG 688) 1 1 1 S87-39'39"W (GRID — — —i I I GRAPHIC SCALE ( IN FEET ) 0 10 20 40 NORTH INTI DED INCH DISPLAY FEET SHEET 5 OF 7 CAUL_FIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY DLS f. 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX (561)-750-1152 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1)'-20' RIGHT—OF—WAY DEDICATION PARCEL SKETCH OF DESCRIPTION JOB 7 EXHIBIT "A" OWNER: BW WOOLBRIGHT CONGRESS LLC PROPERY CONTROL NUMBER 08434532000003050 OFFICIAL RECORDUNPOATTED TRACTAH E5378 10'X148' FPL ESMT — (ORB 12020, PG 605) - - - - - - - - - - - - - - - - - 2' WATER AND SEWER AND MAINTENANCE AGREEMENT (ORB 13076, PAGE 114) ' / (ORB 13210, PAGE 265) — — — — — — — — — — -7 -t/l— — — — — — — — — — — — — / / - - - - - - - _ 550.00' co 12' WATER AND SEWER AND MAINTENANCE AGREEMENT o (ORB 13076, PAGE 114) co 13210, PAGE 265 — — W _I / N 87'39'39"E 436.23 — — — N 'W W 30'X30' WATER ESMT R W DEDICATION N ( 12202, PG 1344) / W ORB o Z O J S87'39'39"W 439.26' 7 R/w f- (ORB 2494, PAGE 58§1 - - - - - - - - - - - - - - - - - - - - - - - - - - - '� 0 N. RIGHT-OF-WAY LINE (ORB 1736, PG 688) W o S.W. 15TH STREET / WOOLBRIGHT ROAD o 0 � (PUBLIC VARIES) RIGHT—OF—WAY) WAY ) ' (ORB 1736, PG 688) ' S87-39'39"W (GRID) — ' GRAPHIC SCALE ( IN FEET ) 0 10 20 40 INTENDED DISPLAY SCALE NORTH 1 INCH = 20 FEET SHEET 6 OF 7 CAUL_FIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING — LAND PLANNING LANDSCAPE ARCHITECTURE — SURVEYING DRAWN BY DLS f. 7900 GLADES ROAD — SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX (561)-750-1452 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1`20) RIGHT-OF-WAY DEDICATION PARCEL SKETCH OF DESCRIPTION JOB 7 EXHIBIT "A" OWNER: BW WOOLBRIGHT CONGRESS LLC — PROPERY CONTROL NUMBER 08434532000003050 r OFFICIAL RECORD B� , PAGE NPLATTEDTRACT H7 5 w - - - - - - - - - - - - - - - - I /2' WATER AND SEWER AND MAINTENANCE AGREEMENT(ORB 13076, PAGE 114) 16'X49' INGRESS EGRESS ES MT NI (ORB 13210, PAGE 265) (ORB 10718, PG 893)J12' WEST LINE OF THE 550.00' EAST 200' OF TRACT H-5 N 793370.162 WATER AND SEWER AND MAINTENANCE AGREEMENT�IE 954226.568 ON (ORB 13076, PAGE 114) L _ C (ORB 13210,�PAG��265) — — — — — — —�— — o �1— — — — N87 39 39 E 436.23 L w R/W DEDICATION o o c" �, 0 1 m - 0 ow 7 R/W z I N S87'39'39"W 439.26'— — —(ORB 2494, PAGE 586) — — - - - - - - - - — N 793359.163 N ' E 954226.837 W Z o UN. RIGHT-OF-WAY LINE a (ORB 1736, PG 688) rn I � o o WS.W. 15TH STREET / WOOLBRIGHT ROAD C> 0 (PUBLIC RIGHT-OF-WAY) (WIDTH VARIES) ' (ORB 1736, PG 688) S87'39'39"W (GRID) — GRAPHIC SCALE ( IN FEET ) 0 10 20 40 INTENDED DISPLAY SCALE NORTH 1 INCH = 20 FEET SHEET 7 OF 7 CAUL_FIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY DLS f. 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX (561)-750-1452 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1`20) RIGHT-OF-WAY DEDICATION PARCEL SKETCH OF DESCRIPTION JOB 7 w ' Dec-18-2988 89:25�r 0 0—4 9 9$.:� ORD 12202 Pg 1.34.4 INiI N!NI H�i N Ni!11p 11 H II Ai!1 N I NI1.Ni I NN City of nnynton Beach 1cKi 'noynlon Beach nivel P.O.[lox 310 13rvntron mach,33425 EASEMENT THIS INDENTURE made this day of ,A.D., , , by Fidelity Federal Bank & Trust , a corporation existing under the laws of the un i ted skates of ,Ame:r�c u and having its principal place of business at 205 Datura s t. ,W.P.e. ,, F L 3 3 4 0 1 first part,to the City of Boynton Beach, a political subdivision of the State of Florida,second party: (Wherever used herein, the terms,"first party"and"second party"shall include singular and plural,heirs, legal representatives and assigns of individuals and the successors and assigns of corporations,wherever the context so admits or requires.) WITNESSETH Whereas, the first party is the owner of property situate in Palin Beach County,Florida,.and described as follows: PCN 08-43-45-32-00-000-3080f, 08•-43-45-32-00-000-3050 Legal Description: See Attached., and, N%gMREAS,the second party desires an easement for water r and/or other appropriate purposes incidental thereto,on,over and across said property, and, WHEREAS,the first party is willing to grant such an easement, NOW,THEREFORE, for and in consideration of the mutual covenants each to the other rrtnrting and one dollar and other good and valuable considerations,the first party does hereby grant unto the party of the second part,its successors and assigns, full and'free right and authority to construct, maintain,repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on,over and across the above described property for said purposes. Order: 18127297 Page 1 of 4 Requested By: Jennifer Cape , POate :5WA1&9:29 AM Doc: 12202-1344 REC ALL DRI' 1 2;-012 Py 1 a 4�r IN WITNESS WHEREOF,the first party has caused these presents to be duty executed in its name and its corporate seal to be hereto affixed,attested by,.its proper officers thereunto duly authorized,the day.and year first above written. Signed,sealed and delivered ,• in the presence of: t ..t; Christopher It. Cook elf" : . , _ ��''•T :C I, f^ FXECUTIVF VvicE PR-ESMENT 17 ATTEST' Putriciu C. clager, :SECRETARY � (CORPORATE SEAL) STATEOF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day,before me,;an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared_ Christooher H. Cook well known to me to be the ExecutiveV'rresident and Patricia C. C1a ger , respectively,of the Corporation named as first party in the foregoing Fasement.and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily,under authority duly vested in them by said Corporation,and that the seal affixed thereto is the true Corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of r. A.D., St 2000. C. e, <<- Notary Public in and for the State and County aforesaid. My commission expires: OFFICIAL i1Yi<7' YSFAL CINDY A COLILINS NOTARY PUBLICSTATEOF FLORIDA CommssloN No.CC572M yYCommisslo`EXLLUL 2-;Xmr0 Order: 18127297 Page 2 of 4 Requested By: Jennifer Cape pgdgtg01g1 18 9:29 AM Doc: 12202-1344 REC ALL 0 k D 1 L?ao P THIS IS A NOT A BOUNDARY SURVEY OF LEGAL DESCRIPTION: A ;portion of the South 200 feet of the North 240 feet of the East 500 feet of the West 550 feet of the North One—Quarter (N.1/4 of Section 32, Township 45 South, Ponge 43 East, Palin Beach Counrty, 'Florida and being also known us Tract H-5, Less the East 200 feet thereof, as marked (Not Included) on tiheplot of "TENTH 5ECTION, PALM LEIS'UREVILI.E, recorded in Plot Book 30, Page 129 through 1.41, inclusive, public records of halm Beach County, Florida, being more particularly described as follows; Commence at the Southeast corner of said Tract H-5; Thence S.88'00'52"W., along o Oine 53 feet North of and parallel with the centerline of Southwest 151h .Avenue, ns shown in said Plat Book 30 at Page 129, a distance of 44.4.27 feet; thence N.01'59'08"W. for a distance sof 7.00 feet to the POINT OF BEGINNING of the following described parcel tof land; thence continue along the lost described course for a d;stonoe of 30.00 feet; thence S.88'00'52"W. for a distance of 30.00 feet; thence S.01'59'08"E. for o distance of 30.00 feet to a point on o line 7.00 feet North of the South 'line of said Tract H-5; thence N.8t1'00'52"E. along o line 7.00 feet North of the South Line of said Tract H-5 for a distance of 30.00 feet to the POINT OF BEGINNING. SURVEYOR'S CERTIFICATE: I hereby certify to the best of my knowledge and belief #hat this drawing is o true and correct representution of the specific purpose sketch & legal description of the real property described hereon. I further certify that thus site plan was prepared in accordance with the applicable provisions of Chapter 61G17-6 Flondo Administrative Code. Ford, Armenteros & Many C. Dote 7�'13�'00 Jo . anucy J . P.S.M. Revision 1: Profess of Surveyor do Mapper No. 5158 Rev;sion 2: Stole of Florida. SURVEYOR'S NOTES: 1 The Legal Description was provided by the Client. 2 Type of Drawing: SKETCH AND LEGAL DESCRIPTION 3 Bearings shown hereon ore hosed on: The south line of Troct H-5 of the plot of TENTH SECTION, PALM BEACH LEISUREVILLE, as recorded in Plat Book 30 of Page 129, of the Public Records of Polm Beach County, Florida, bears North 88'00'52" East. 4) Reproductions of this Drawing are not Valid unless embossed with the official Seal of the above Surveyor. 5) All bearings and distances shown hereon are recorded and measured unl-ess otherwise shown. 6) C) Copyright 2000, Ford, Armenteros, & Monucy, Inc. f`tm //ilo1K)t m R.,mv& Y. w- 4r"W. "Davao" ROAN sunt 4s JUPI M FLOPM4 MUM Rion. (561) 743-nlo is 6357 9 4{A A Ki" I Ori &A"l!4 jxx 735 SKLIW Q. LEGOL 1DCSCFWT1M OF ., t1lfiLfi7 f:ASElE1ff SHEET 1 OF 2 MR MIMM FEDOIAL SIE Irw-mroft Em. Order: 18127297 Page 3 of 4 Requested By: Jennifer Caper112dd&&8 9:29 AM Doc: 12202-1344 REC ALL DOROTHY H. WILKEN, CLERK PB COUNTY, FL Congress Avenue - - - _ r-- - - - - � Wexl L7na ni J' I Sael:on ]Z-lS-J] � i i ()1 OI c CI I West l3ns of the of Troct N-S- - - - - - - -- - - - - - - - � —— - - O th zr Z � I zr n I ✓ VA^ I O I D O 'uo I / n � LO f $�.Y I � � l o �N :2. 0 s X I s o I � I sot'S908-E � o e ? 1 V= I N I 7.00' N.01'S9'OC1Y. I Vv"30';5'9 1CD O D < I1 I j I of C I I 300.00 CDL 53' I I l o o I roi I I N v 240.00 i eD II I i ! I West Line of th.: Si I " I £osl 300' of T, 'Cl W-5 = o —line of Trod H-3 — — — — — — — — — — ! I _l � I oPP n 'r a } N 31 pp r fl 00r wn 222�CO�� zap-• rfo N oo Q5 o 'nl��l r�nZ r M �qg > z.�rBxr RA - 7w •. ~ A rn p , Order: 18127297 Page 4 of 4 Requested By: Jennifer Cape , POVI'MM8 9:29 AM Doc: 12202-1344 REC ALL 12.C. LEGAL 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-070-Approving Reasonable Accommodation Policy PROPOSED RESOLUTION NO. R19-071 -Approving Non-Discrimination Policy EXPLANATION OF REQUEST: Following a period of moratorium and completion of a zoning study by City staff in 2017, a complaint was filed with HUD, based in part, on the Fair Housing Act, alleging that the moratorium had caused a delay in the opening of a group home to serve persons with disabilities. A Voluntary Compliance Agreement and Conciliation Agreement(aka the Settlement) was agreed upon by all parties in November 2018, which resolved the complaint. Selected requirements of the Settlement are summarized as follows: • Provide a quarterly report to HUD documenting actions taken on all business tax receipt requests for group homes and requests for Reasonable Accommodation; • Pay $20,000 to the Fair Housing of the Greater Palm Beaches organization for programming and advertising costs; • Provide training for staff and elected officials on the subject of fair housing, group home permitting and licensing, and the processing of Reasonable Accommodation requests; • Adopt a Reasonable Accommodation Policy approved by H U D (this agenda item); • Amend/update the City's Reasonable Accommodation Ordinance for consistency with the Reasonable Accommodation Policy; • Adopt a Non-Discrimination Policy approved by HUD (this agenda item); and • Amend the City's Non-Discrimination Ordinance for consistency with the Non-Discrimination Policy. The City established a Reasonable Accommodation process in 2013 to provide individuals with disabilities reasonable accommodations in the City's administration of its programs, services, and activities, including, but not limited to zoning, land use, permitting and licensing regulations, requirements and review and approval practices, to ensure access to housing and related services equal to the access that is provided to those without disabilities. The existing regulations, in part, established submittal requirements for requesting reasonable accommodation, review criteria, review and processing time periods, and an appeal procedure. The proposed Reasonable Accommodation Policy, as approved by HUD, includes a thorough definition of Reasonable Accommodation including references to the enabling laws represented by the Fair Housing Act (FHA), Title I I of the Americans With Disabilities Act (ADA), and Section 504 of the Rehabilitation Act. The Policy also establishes detailed protocol for processing requests for Reasonable Accommodation with an emphasis on clarity of communication and interaction with applicants, including the specific form letters to be used in the process. Lastly, the Policy represents the City's commitment to maximize the awareness of the public of the application process, and to work closely with each eligible applicant to ensure that accommodations are provided, even to the extent of working with each eligible applicant to arrive at acceptable alternative solutions when necessary. The proposed Non-Discrimination Policy, as approved by HUD, clarifies the City's commitment to non- discrimination and creates a "public facing" document to make sure the public is fully informed about the City's commitment to non-discrimination. Both policies establish a central point of contact for the public to submit requests, questions, or complaints. Page 583 of 600 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The two proposed policies have been reviewed and approved by HUD, the entity that is overseeing the implementation of the Settlement Agreement. The proposed policies are intended to ensure that the delivery of City services and the enforcement of City standards, regulations, and processes do not interfere with access to housing and services by disabled persons. The two policies will be distributed to City staff to ensure that all staff are knowledgeable about the reasonable accommodation options available to citizens and customers that utilize the City's programs and services. FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution Resolution approving Reasonable Accommodation Policy D Resolution Resolution approving the Non®Discrimination Policy Addendum Adoption of Reasonable Accommodation Policy Attachment Non®Discrimination Policy Page 584 of 600 1 2 RESOLUTION R19- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING A REASONABLE ACCOMMODATION 6 POLICY; AND PROVIDING AN EFFECTIVE DATE. 7 8 9 10 WHEREAS, as part of a Voluntary Compliance Agreement and Conciliation 11 Agreement, the City is required to adopt a Reasonable Accommodation Policy approved by 12 the Department of Housing and Urban Development; and 13 WHEREAS, the proposed Reasonable Accommodation Policy, as approved by 14 HUD, includes a thorough definition of Reasonable Accommodation including references 15 to the enabling laws represented by the Fair Housing Act (FHA), Title II of the Americans 16 With Disabilities Act(ADA), and Section 504 of the Rehabilitation Act; and 17 WHEREAS, the Policy also establishes detailed protocol for processing requests 18 for Reasonable Accommodation with an emphasis on clarity of communication and 19 interaction with applicants, including the specific form letters to be used in the process; and 20 WHEREAS, the Policy represents the City's commitment to maximize the 21 awareness of the public of the application process, and to work closely with each eligible 22 applicant to ensure that accommodations are provided, even to the extent of working with 23 each eligible applicant to arrive at acceptable alternative solutions when necessary. 24 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\4E51EBF4-3D5C-4864-AE3C-EAC4E9522A88\Boynton Beach.17099.1.Reasonable_Accommodation Policy_-_Reso.Docx Page 585 of 600 29 Section 2. The City Commission does hereby approve the Reasonable 30 Accommodation Policy which has been approved by The Department of Housing and Urban 31 Development, a copy of which is attached hereto and made a part hereof as Exhibit"A". 32 Section 3. This Resolution will become effective immediately upon passage. 33 PASSED AND ADOPTED this day of , 2019. 34 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor—Justin Katz 42 43 Commissioner—Mack McCray 44 45 Commissioner—Christina L. Romelus 46 47 Commissioner—Ty Penserga 48 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Queenester Nieves 57 Deputy City Clerk 58 59 60 61 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\4E51EBF4-3D5C-4864-AE3C-EAC4E9522A88\Boynton Beach.17099.1.Reasonable_Accommodation Policy_-_Reso.Docx Page 586 of 600 1 2 RESOLUTION R19- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING A NON-DISCRIMINATION POLICY; 6 AND PROVIDING AN EFFECTIVE DATE. 7 8 9 10 WHEREAS, as part of a Voluntary Compliance Agreement and Conciliation 11 Agreement, the City is required to adopt a Non-Discrimination Policy approved by the 12 Department of Housing and Urban Development; and 13 WHEREAS, the proposed Non-Discrimination Policy, as approved by HUD, 14 clarifies the City's commitment to non-discrimination and creates a "public facing" 15 document to make sure the public is fully informed about the City's commitment to non- 16 discrimination. 17 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. The City Commission does hereby approve the Non-Discrimination 23 Policy which has been approved by The Department of Housing and Urban Development, a 24 copy of which is attached hereto and made a part hereof as Exhibit"A". 25 Section 3. This Resolution will become effective immediately upon passage. 26 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\F22A2177-75D2-43D1-B7A8-06AF026E885F\Boynton Beach.17100.1.Non-Discrimination Policy_-_Reso.Docx Page 587 of 600 27 PASSED AND ADOPTED this day of , 2019. 28 29 CITY OF BOYNTON BEACH, FLORIDA 30 31 YES NO 32 33 Mayor— Steven B. Grant 34 35 Vice Mayor—Justin Katz 36 37 Commissioner—Mack McCray 38 39 Commissioner—Christina L. Romelus 40 41 Commissioner—Ty Penserga 42 43 44 VOTE 45 46 ATTEST: 47 48 49 50 Queenester Nieves 51 Deputy City Clerk 52 53 54 55 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\F22A2177-75D2-43D1-B7A8-06AF026E885F\Boynton Beach.17100.1.Non-Discrimination Policy_-_Reso.Docx Page 588 of 600 CITY OF BOYNTON BEACH REASONABLE ACCOMMODATION POLICY Point of Contact: Julie Oldbury, IPMA SCP, CLRP Director of Human Resources and Risk Management Mailing Address: P.O. Box 310, Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426 Phone: 561-742-6275 Reasonable Accommodation (RA) Defined: It is the policy of the City of Boynton Beach, pursuant to the Fair Housing Act (FHA); Title II of Americans with Disabilities Act (ADA); Section 504 of the Rehabilitation Act (Section 504), as applicable; and any applicable local or State regulations, as may be amended from time to time, to provide individuals with disabilities reasonable accommodations in the City's administration of its programs, services, and activities, including, but not limited to zoning, land use, permitting and licensing regulations, requirements and review and approval practices, to ensure access to housing and related services equal to the access that is provided to those without disabilities. A reasonable accommodation is defined as a change, adjustment, modification, exception, alteration or adaptation in a policy, procedure, practice, program, service, activity, or facility that may be necessary for a qualified individual with a disability to have an equal opportunity to: 1) Use and enjoy a dwelling, including public and common use areas of a development; 2) Participate in, and benefit from,a program (housing or non-housing), service,or activity; or 3)to avoid discrimination against an individual with a disability. The City commits to granting reasonable accommodations unless the accommodation would result in a fundamental alteration of the program or in an undue financial and administrative burden,considering all resources available. In such a case, the City will offer another accommodation that would not result in a fundamental alteration or an undue financial and administrative burden and that would be effective in meeting the disability-related needs of the individual. However, the individual is not required to accept the alternative accommodation that is offered. Should a particular accommodation result in a fundamental alteration or an undue financial and administrative burden, and the alternative accommodation not be accepted by the individual with the disability,the City will continue to work with the individual with a disability to identify an accommodation that is acceptable and is neither a fundamental alteration or undue financial and administrative burden as is described in "Explanation of the Reasonable Accommodation Process" Section 3(b). For more information please see the Joint Statements of HUD and the Department of Justice regarding 1) Reasonable Accommodation under the Fair Housing Act, and 2) State and Local Land Use Laws and Practices and the Application of the Fair Housing Act. As one example, reasonable accommodations in the zoning and land use context means providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use, zoning and building regulations, policies, practices and procedures, or even {00303351.1306-9905275} Page 1 of 4 Page 589 of 600 waiving certain requirements, when it is necessary to eliminate barriers or otherwise ensure equal access to such housing opportunities. The City commits to reviewing pending amendments to local ordinances and regulations to ensure that any potential conflicts with the requirements of this Policy are avoided. Reasonable Accommodation Awareness Notification of the Public : The point of contact for this Policy will ensure that notices informing the public of the RA Policy and Process are available or circulated as follows: • Posted where the public files for all applications processed by the Development Department; • Included with application materials processed for all types of group homes as regulated by the City's Zoning Regulations including building permit and business tax receipt applications, and responses to (both approving and denying) requests for Zoning Verification; and • On the City's Website, and clearly visible, in an accessible format, where the above-referenced applications are listed and made available for downloading. Explanation of The Reasonable Accommodation Process in detail : The process for requesting and receiving reasonable accommodations should be straightforward and not burdensome. 1.All persons seeking a reasonable accommodation must be provided with a copy of the City's Reasonable Accommodation Policy and a Request for Reasonable Accommodation Form ("Request Form"), or upon the individual's request, the Request Form must be provided in an accessible format based on the individual's request. Please note that the Reasonable Accommodation Request form is not required for use by individual making reasonable accommodation requests, but may be useful. 2. Any qualified individual with a disability may request a reasonable accommodation, as defined above, to the City's policies, procedures, practices, programs, services, activities, or facilities. Reasonable accommodation requests may be made orally or in writing at anytime and may be made to any City staff. If a City staff person receives a reasonable accommodation request, the staff person will forward the request to the ADA coordinator. 3. Upon receiving this request, the City Official responsible for making determinations on reasonable accommodation requests will promptly notify the applicant that the request has been received and is under review. If a person's disability is obvious or otherwise already known, and if the need for the requested accommodation is also readily apparent or known, then no additional information can be sought about the requester's disability or the disability-related need for the accommodation and the City will expedite the approval. Otherwise,the City will have up to 30 calendar days to review the request and make a determination, including if necessary,the request for additional information.. {00303351.1306-9905275} Page 2 of 4 Page 590 of 600 3(a). If an individual's disability or the need for a requested accommodation is not readily apparent or otherwise known to the City, the City may request additional information or, when necessary, documentation. If additional information or documentation is needed to evaluate a requested reasonable accommodation, the City will seek the information through a written request to the individual making the request using the "Request for Additional Information to Process Reasonable Accommodation Request" form. The City will only require the minimal information necessary to determine if the accommodation sought would serve an individual's disability-related need. Such requests for information or verification will be narrowly tailored. Information and verification requests, and the information received in response, will be held confidentially by the City and will only be disclosed to staff with a need to know. 3(b).The interactive process is also intended to facilitate the consideration of alternative effective accommodations necessary to meet the disability-related needs of the individual with a disability. If the City establishes that the request would cause a fundamental alteration of the City's operations and/or the City's zoning scheme, or impose an undue administrative and financial burden on the City, then the City will engage in an interactive process with the requester to establish other accommodations that could be granted in order to meet the individual's disability- related needs. 4. The City of Boynton Beach will grant or deny the request within no more than 30 calendar days after receiving all information and documentation from the requesting individual. The City will not make a determination until all information has been received. All decisions to grant or deny reasonable accommodations will be communicated in writing using the City's template letters for approval or denial ("Letter Approving Request for Reasonable Accommodations" or"Letter Denying Request for Reasonable Accommodations"), or if required, in an alternative, accessible format. Should the City require additional time to make a determination, the City will provide the requester the reasons for the delay within the timeframe the City otherwise would have had to make a determination. 5. If the request is approved, the City will immediately implement the accommodation. 5(a). If the approved request cannot be honored at the time of the approval, the City will notify the individual with an estimated time frame for when the request can be implemented. The City will also provide interim accommodations as described in the "Letter Approving Request for Reasonable Accommodations," until such time that the request can be fully effectuated. 6. In the event a reasonable accommodation request is denied, individuals have a right to appeal and must do so in writing using the"Application to Appeal Denial of Request for Reasonable Accommodation"form within 30 calendar days of receipt of the letter memorializing the denial. Assistance in completion of the Appeal form will be provided by City Officials if needed. The City of Boynton Beach will honor extensions where there is good cause, including when an individual requests additional time as a reasonable accommodation. Individuals who appeal the denial of their reasonable accommodation request will be provided a hearing with a Special Magistrate. Following the hearing, the Special Magistrate will either uphold the denial or require the City to grant the reasonable accommodation request. {00303351.1306-9905275} Page 3 of 4 Page 591 of 600 Standard form documents to be used in the RA process: See attached letters • Reasonable Accommodation Request Form (optional for use by individuals making reasonable accommodation requests) • Approval Letters • Denial Letters • Request for Additional Information Letters • Implementation letters • Application to Appeal Denial of Reasonable Accommodation {00303351.1306-9905275} Page 4 of 4 Page 592 of 600 Non-Discrimination Policy The City of Boynton Beach does not and shall not discriminate against any person in its operations, sponsorship, or in the administration of any activities, programs or services or in its hiring or promotion, or engage in any other discriminatory practice against any person(s) based on race, age, religion, color, gender, sex, gender identity or expression, sexual orientation, national origin, marital status, familial status, disability', political affiliation, veteran status, or any other characteristic protected by law. Complaint Procedures The City is committed to resolving complaints of individuals participating or benefiting from any program, service, or activity administered by the City. The City has designated its Director of Human Resources and Risk Management as the central contact for any person who wishes to make a complaint alleging violations to the City's Non-Discrimination Policy. Julie Oldbury, Director of Human Resources and Risk Management City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 561-742-6275 hr@bbfl.us Individuals may also file complaints with the appropriate governmental agency responsible for investigating discrimination, such as: Florida Commission on Human Relations 4075 Esplanade Way Unit 110,Tallahassee, FL 32399 850-488-7082 fchrinfo@fchr.myflorida.com OR Region IV Office of FHEO U.S. Department of Housing and Urban Development Five Points Plaza 40 Marietta Street, 16th Floor Atlanta, Georgia 30303-2806 (404) 331-5140 (800)440-8091 TTY(404) 730-2654 ComplaintsOffice04@hud.gov 1 Please also refer to the City of Boynton Beach's Reasonable Accommodation Policy. {00303435.1306-9905275} Page 1 of 2 Page 593 of 600 Employment-related complaints may also be filed directly with the Equal Employment Opportunity Commission (EEOC). https://www.eeoc. ov 1-800-669-4000—Phone 1-800-669-6820—TTY for Deaf/Hard of Hearing 1-844-234-5122—ASL Video Phone for Deaf/Hard of Hearing infoeeoc. ov Anti-Retaliation The City of Boynton Beach expressly prohibits retaliation in the form of intimidation,threats, coercion, or discrimination against any person for the purpose of interfering with any right or privilege contained in this Policy, or because a person has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing based on this Policy. Complaints of retaliation should also be made to the City's point of contact for this policy,identified above. {00303435.1306-9905275} Page 2 of 2 Page 594 of 600 13.A. FUTURE AGENDA ITEMS 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Department to give brief presentation of their operations Development- July 2019 Library - September 2019 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 595 of 600 13.B. FUTURE AGENDA ITEMS 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects-Also discuss expedited permitting ordinance. July 16, 2019 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 596 of 600 13.C. FUTURE AGENDA ITEMS 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Vice Mayor Katz has requested to discuss future Dogs on the Beach Events- July 16, 2019 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 597 of 600 13.D. FUTURE AGENDA ITEMS 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Dorothy Jacks, PBC Property Appraiser to address the Commission - August 6, 2019 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 598 of 600 13.E. FUTURE AGENDA ITEMS 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Staff to present updated Social Media Policy - August 20, 2019 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 599 of 600 13.F. FUTURE AGENDA ITEMS 7/2/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: The Mayor has requested a discussion of possible changes to Seacrest Corridor zoning and land use - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 600 of 600