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08-14-2025 VC REG-A with attachments_REVISED
VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA - REVISED VILLAGE HALL COUNCIL CHAMBERS THURSDAY, AUGUST 14, 2025 501 U.S. HIGHWAY 1 7:00 PM Deborah Searcy Lisa Interlandi Kristin Garrison Susan Bickel Orlando Puyol Mayor Vice Mayor President Pro Tem Councilmember Councilmember Chuck Huff Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk INSTRUCTIONS FOR “WATCH LIVE” MEETING To watch the meeting live please go to our website page (link provided below) and click the “Watch Live” link provided on the webpage: https://www.village-npb.org/CivicAlerts.aspx?AID=496 ROLL CALL PLEDGE OF ALLEGIANCE ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA APPROVAL OF MINUTES 1. Minutes of the Regular Session held July 24, 2025 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chamb ers) and submit it to the Village Clerk prior to the beginning of the meeting. 2. 2025 LEGISLATIVE SESSION UPDATE - FL House Representative Mike Caruso - District 87 REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) Regular Session Agenda, August 14, 2025 Page 2 of 3 CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 3. MOTION to grant a merit increase of 4.4% to the Village Clerk based upon the averaged score of the performance evaluations and directing the Village to process same. 4. RESOLUTION declaring one 2015 Mack Front Load Refuse Truck as surplus property and authorizing its disposal. 5. Receive for file Minutes of the General Employees Pension Board meeting held 5/6/25. 6. Receive for file Minutes of the Waterways Board meeting held 5/27/25. 7. Receive for file Minutes of the Library Advisory Board meeting held 5/27/25. 8. Receive for file Minutes of the Planning, Zoning, and Adjustment Board meeting held 7/1/25. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 9. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2025-12 – CODE AMENDMENT – TREE PRESERVATION Consider a motion to adopt and enact on second reading Ordinance 2025- 12 amending Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by adopting a new Article IX, "Tree Preservation." 10. 1ST READING OF ORDINANCE 2025-13 – CODE AMENDMENT – BOARDS AND COMMITTEES ROTATION OF CHAIR Consider a motion to adopt on first reading Ordinance 2025-13 amending Article I, "In General," of Chapter 2, "Administration," of the Village Code of Ordinances by amending section 2-1 "Board and Committees," to modify the procedure for the appointment of Chairpersons. OTHER VILLAGE BUSINESS MATTERS 11. RESOLUTION – APPLICATION FEE AND TREE TRUST FUND CONTRIBUTIONS Consider a motion to adopt a resolution establishing the Application Fee and Tree Trust Fund Contributions for the implementation of the Tree Preservation Ordinance. 12. RESOLUTION – SELF CONTAINED BREATHING APPARATUSES PURCHASE Consider a motion to adopt a resolution approving and authorizing the sole source purchase of thirty (30) MSA G1 Self-Contained Breathing Apparatuses for use by the Village Fire Rescue Department from Ten- 8 Fire Equipment, Inc. at a total cost of $662,816.99; authorizing the surplus of twenty-six (26) MSA Firehawk Self-Contained Breathing Apparatuses; and authorizing the Village Manager to take all steps necessary to effectuate the purchase. 13. RESOLUTION – RIVERSIDE ROAD AND EASTWIND DRIVE PAVING AND DRAINAGE IMPROVEMENTS Consider a motion to adopt a resolution approving a bid proposal from Boulder Construction, LLC for paving and drainage improvements on Riverside Road and Eastwind Drive at a total cost not to exceed $203,044.60; and authorizing execution of the Contract. 14. RESOLUTION – THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT Consider a motion to adopt a resolution approving a Third Amendment to the Legal Services Agreement with Torcivia, Donlon, Goddeau & Rubin, P.A. to increase the hourly rate; and authorizing execution of the Third Amendment. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS Regular Session Agenda, August 14, 2025 Page 3 of 3 ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JULY 24, 2025 Present: Deborah Searcy, Mayor Kristin Garrison, President Pro Tem Susan Bickel, Councilmember Orlando Puyol, Councilmember Chuck Huff, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Absent: Lisa Interlandi, Vice Mayor ROLL CALL Mayor Searcy called the meeting to order at 6:00 p.m. All members of Council were present except for Vice Mayor Interlandi who was out of town. All members of staff were present. PLEDGE OF ALLEGIANCE President Pro Tem Garrison led the public in the Pledge. ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA Mayor Searcy announced the removal of Item #12 – Presentation EAR based Comprehensive Plan Amendments stating that it was postponed to the August 14th Council Meeting, and that Item #15 – Discussion – Budget Workshop dates and times will be discussed under Item #11 – Resolution – FY 2025-2026 Tentative Millage Rate. APPROVAL OF MINUTES The Minutes of the Special Session held June 26, 2025, the Minutes of the Regular Session held June 26, 2025 and the Minutes of the Regular Session held July 10, 2025 were approved as written. STATEMENTS FROM THE PUBLIC Chris Ryder, 118 Dory Rd. S, expressed his concerns regarding the Country Club budget and enterprise fund, and the recent adoption of a Public Participation and Rules procedure. John Samadi, 512 Marlin Rd., expressed his concerns regarding the recent adoption of a Public Participation and Rules procedure. Draft Minutes of the Village Council Regular Session held July 24, 2025 Page 2 of 7 STATEMENTS FROM THE PUBLIC continued Robert Baricevich, 704 Jacana Way, expressed his concerns regarding the condition and appearance of 635 Westwind Drive. Councilmember Puyol addressed the concerns regarding 635 Westwind Drive stating that there was a due process that takes time to remedy the situation. Councilmember Puyol addressed the concerns regarding the Country Club Wash Plant stating that it was a necessity in order to protect the environment. CONSENT AGENDA APPROVED Councilmember Puyol moved to approve the Consent Agenda. Councilmember Bickel seconded the motion, which passed with all present voting aye. The following items were approved: Resolution approving a Fourth Amendment to the Interlocal Agreement to establish the Municipal Public Safety Communications Consortium of Palm Beach County and authorizing execution of the Fourth Amendment. Resolutions – approving three (3) separate Resolutions required by Huntington National Bank for the Lease of 80 GPS Equipped Lithium Golf Carts, a Utility Hauler, a Shuttle, and a Beverage Cart for the North Palm Beach Country Club. Receive for file Minutes of the Recreation Advisory Board meetings held 5/13/25 and 6/10/25. Receive for file Minutes of the Audit Committee meeting held 5/14/25. Receive for file Minutes of the Business Advisory Board meeting held 5/20/25. Receive for file Minutes of the Environmental Committee meeting held 6/2/25. ORDINANCE 2025-12 - CODE AMENDMENT – TREE PRESERVATION A motion was made by Councilmember Bickel and seconded by Councilmember Puyol to adopt on first reading Ordinance 2025-12 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 45), “ZONING,” OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE IX, “TREE PRESERVATION;” PROVIDING FOR THE PURPOSE AND APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS, ISSUANCE, FEES, AND EXEMPTIONS; PROVIDING FOR PRESERVATION AND MITIGATION REQUIREMENTS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR A TREE TRUST FUND; PROVIDING FOR APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the purpose of the ordinance was to amend the Village Code related to tree preservation and provide for a tree removal permit process. The proposed Ordinance would amend the Village’s Zoning Code and would seek to protect identified native trees and swale trees throughout the Village. The proposed ordinance would require a tree removal permit for protected trees defined as native trees of type and size identified in Section 45-103 and swale trees. Draft Minutes of the Village Council Regular Session held July 24, 2025 Page 3 of 7 ORDINANCE 2025-12 - CODE AMENDMENT – TREE PRESERVATION continued Mr. Rubin reviewed and explained the provisions and requirements in the proposed ordinance. Mr. Rubin explained that based on concerns from Council, the term “fruit tree” was defined as “a tree that provides fruit for human consumption” and a new Section 45-113, “Appeals,” was added to provide that any person who has been adversely affected by any decision rendered or requirement imposed by the Village in the enforcement and administration of this article shall utilize the administrative appeal provisions of Section 45-52.” Section 45-52 already establishes the process and procedure by which the Planning, Zoning and Adjustment board hears appeals of administrative decisions. Chris Ryder, 118 Dory Road S., expressed his concerns regarding the proposed tree preservation ordinance and asked that Council not adopt the ordinance. Mary Phillips, 525 Ebbtide Drive, thanked Council, Mr. Rubin and Mr. Huff for bringing forward a proposed ordinance for tree preservation and expressed her support for adopting the ordinance on first reading. Councilmember Puyol clarified the reasons for the proposed tree preservation ordinance and gave examples and instances where trees should be protected and not removed. Discussion ensued between Councilmembers regarding the proposed tree preservation ordinance. Mayor Searcy asked that the tree removal permit process be made a fairly quick and easy process as well as inexpensive. Mr. Rubin stated that the permit process would be addressed at the second reading of the ordinance with a resolution establishing the permitting fees. Discussion ensued between Councilmembers regarding how to obtain an arborist. Thereafter, the motion to adopt on first reading Ordinance 2025-12 passed with all present voting aye. RESOLUTION 2025-33 ESTABLISHING A TENTATIVE MILLAGE RATE FOR FY 2025-2026 AND SETTING THE 1ST PUBLIC HEARING A motion was made by Councilmember Puyol and seconded by Councilmember Bickel to adopt Resolution 2025-33 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A TENTATIVE MILLAGE RATE OF 7.4000 MILS FOR FISCAL YEAR 2026; ESTABLISHING A DATE, TIME, AND PLACE FOR TH E FIRST HEARING ON THE TENTATIVE BUDGET AND PROPOSED MILLAGE RATE; AUTHORIZING THE VILLAGE MANAGER TO SUBMIT THE REQUIRED FORMS TO THE PALM BEACH COUNTY PROPERTY APPRAISER; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff began a presentation on the Manager’s Proposed Budget for Fiscal Year 2026. Mr. Huff reviewed the agenda related to the presentation. Mr. Huff then passed the presentation to Deputy Village Manager Samia Janjua. Draft Minutes of the Village Council Regular Session held July 24, 2025 Page 4 of 7 RESOLUTION 2025-33 ESTABLISHING A TENTATIVE MILLAGE RATE FOR FY 2025-2026 AND SETTING THE 1ST PUBLIC HEARING continued Mrs. Janjua discussed and explained Fund Accounting which included Enterprise Funds and the General Fund, Budget Categories which included Personnel, Transfers, Operating, Capital Outlay, Debt Service and Contingency. Mrs. Janjua reviewed how the Village’s taxable value increase compared to other municipalities within Palm Beach County and stated that the Village has one of the lowest taxable value increases. Mrs. Janjua reviewed and explained the Fiscal Year 2026 Budget Highlights stating that the proposed budget was based on maintaining the current millage rate of 7.04 mils. Mrs. Janjua continued by reviewing a Budget Summary of all funds, Personnel Cost Assumptions, General Fund Revenues and Expenses. Proposed Total Budget Revenues were $39,994,910 and Proposed Total Expenditures were $39,994,910. Mrs. Janjua reviewed the General Fund Expenses by Category. Mrs. Janjua began explaining and reviewing the Country Club Revenues and Expenses stating that the total proposed budget of the Country Club was $9,290,945. Total Budget Revenues would be $9,290,945 and Total Budget Expenses would be $9,290,945. Mrs. Janjua reviewed and discussed the history and budget of the Stormwater Utility Fund, reviewed the Capital Improvement Plan stating the total five (5) year CIP for FY 2026 was $44,617,438 and reviewed the CIP Projects. Mrs. Janjua reviewed and explained a Municipal Services Comparison indicating Base Millages for various municipalities and what services they provide for their millage rates. Discussion ensued between Councilmembers regarding the Municipal Services Comparison indicating Base Millages for various municipalities and what services they provide for their millage rates. Mrs. Janjua reviewed the FY 2025 Millage Selection Options stating the Manager’s Proposed rate was $7.4000 mils which would require a 2/3 vote. The proposed millage rate was the same as the Village’s current millage rate. Chris Ryder, 118 Dory Rd. S., expressed his concerns regarding the Village’s proposed millage rate. John Samadi, 512 Marlin Road, expressed his concerns regarding the Village’s proposed millage rate. Councilmember Bickel clarified that Council was setting a maximum millage rate as required by law and that the millage rate can be lowered at a subsequent meeting. Discussion ensued between Councilmembers, Mr. Rubin and Mr. Huff regarding the proposed millage rate and the possibility of a legislative bill being passed to eliminate property taxes, and what the Village would need to do if the legislative bill passed. Thereafter, the motion to adopt Resolution 2025-33 passed 3 to 1 with Mayor Searcy, President Pro Tem Garrison, Councilmember Bickel voting aye and Councilmember Puyol voting nay. Mr. Huff discussed the Fiscal Year 2026 Budget Workshop schedule stating that the plan was to have Council Budget Workshops begin at 4 p.m. on August 14th and August 28th and for the Regular Council meetings to begin at 7 p.m. on both meeting dates. Draft Minutes of the Village Council Regular Session held July 24, 2025 Page 5 of 7 RESOLUTION 2025-33 ESTABLISHING A TENTATIVE MILLAGE RATE FOR FY 2025-2026 AND SETTING THE 1ST PUBLIC HEARING continued Discussion ensued between Councilmembers regarding the Budget Workshop schedule. Council came to consensus to have Council Budget Workshops begin at 4 p.m. on August 14th and August 28th and for the Regular Council meetings to begin at 7 p.m. on both meeting dates. Lighthouse Drive Bridge Design Public Works Director Chad Girard began a presentation on the Lighthouse Drive Bridge Replacement Design. Mr. Girard reviewed, discussed and explained the Project Schedule, Bridge Definitions, Bridge Concepts, Bridge Cross-Section Public Voting Results and Online Questions, Bridge Cross-Section Public Comments, Lighthouse Drive Bridge – Driver Behavior, Bridge Cross-Section Options A & B, Barrier End Termination, Lighthouse Drive Bridge – Profile Requirements, Roadway Profile and Railing Options, Driveway Tie-In Options A & B, FDOT Funding and Sea Level Rise Predictions. Mr. Girard indicated that a total of 160 votes were cast by the public for the survey that asked which design option was preferred with regards to a bike lane and a sidewalk barrier on the bridge. The design options were a seven (7) foot bike lane with no sidewalk barrier, a seven (7) foot bike lane with a sidewalk barrier, no bike lane and no sidewalk barrier or a four (4) foot bike lane with a sidewalk barrier. Four percent (4%) of residents voted for a seven (7) foot bike lane and no sidewalk barrier, Twenty-eight percent (28%) of residents voted for a seven (7) foot bike lane and a sidewalk barrier, Thirty-six percent (36%) of residents voted for no bike lane and no sidewalk barrier and four percent (4%) of residents voted for a four (4) foot bike lane and a sidewalk barrier. Discussion ensued between Mr. Girard and Councilmembers regarding whether to have a bike lane and/or a sidewalk barrier and at what widths they should be. Deborah Cross, 2560 Pepperwood Circle S., expressed her concerns about safety for bikers crossing over the bridge on a bike lane. Mrs. Cross recommended no bike lane and just having a sidewalk for bikers. Chris Ryder, 118 Dory Rd. S., stated that bikers that are confident to stay on the road will stay on the road and those who are not will stay on the sidewalk. Mr. Ryder agreed with adding 1.5 feet of width to the shoulder of the bridge which would add a total of three (3) feet of the width to the entire bridge. Mary Phillips, 525 Ebbtide Rd., agreed with Mr. Ryder’s suggestion regarding the shoulder and bridge widths. Discussion continued between Councilmembers regarding whether to have a bike lane and/or a sidewalk barrier and at what widths they should be. Mr. Girard stated in order to move forward Council would need to agree to a maximum shoulder width and in the future it could be narrowed but not be widened. Council came to consensus to have eleven (11) foot bike lanes, six (6) foot sidewalks and a maximum shoulder width of four (4) feet on the Lighthouse Bridge. Draft Minutes of the Village Council Regular Session held July 24, 2025 Page 6 of 7 MAYOR AND COUNCIL MATTERS/REPORTS Workshop - Advisory Boards and Committees’ Chair Rotation Mr. Huff explained that at the last Council meeting, members of the Environmental Committee made a request to keep Karen Marcus as their Chairperson and to not rotate the chair per the requirements of the Village code. The request caused other board and committee members to ask if a waiver or variance could be added to the code in case a board or committee did not want to rotate their chairperson on any given year. Mr. Huff indicated that it would require an ordinance amending the code in order to include a waiver. Discussion ensued between Councilmembers regarding the intention of the requirement of the yearly rotation of the chairperson on boards and committees. Discussion continued regarding proposed changes to the chair rotation requirement. Pat Friedman, 1208 Marine Way, expressed her support for boards and committees who do not want to rotate their chairperson. Discussion continued between Mr. Rubin and Councilmembers regarding what proposed changes to make to the chair rotation requirement in the Village code. Mary Phillips, 525 Ebbtide Drive, expressed her support for boards and committees who do not want to rotate their chairperson and to change the code to include a waiver. Donald Solodar, 100 Lakeshore Drive, expressed his support for revising the code to include a waiver for boards and committees’ chair rotation. Discussion between Councilmembers continued regarding different options for revising the code regarding the yearly chair rotation for the boards and committees. Council came to consensus to revise the Village Code to include that it is the intent of the Village Council for the chairperson to rotate on a yearly basis, however if it is the will of a board or committee to continue with the same chairperson, said board or committee may continue with the same chairperson by a majority vote. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff asked Communications Specialist Olivia Glowala to present social media statistics for the NPB PD E-Bike Safety Video. Ms. Glowala stated that at the time the Social Media Performance Report was done, there were a total of 20,371 views, 4180 reached, 221 interactions and 3 days and 7 hours of watch time on Facebook and 36,895 views, 28,910 reached, 2792 interactions and 7 days and 4 hours of watch time on Instagram. MAYOR AND COUNCIL MATTERS/REPORTS Mr. Puyol discussed safety concerns at Village Hall and recommended changes to the way customers have access to Village Hall offices. Draft Minutes of the Village Council Regular Session held July 24, 2025 Page 7 of 7 MAYOR AND COUNCIL MATTERS/REPORTS continued Mr. Huff stated that he and staff were looking into solutions for addressing safety concerns at Village Hall. Mr. Puyol presented a picture of a baby sea turtle explaining that he took the picture while he was out fishing. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:17 p.m. Jessica Green, MMC, Village Clerk VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Jessica Green, Village Clerk DATE: August 14, 2025 SUBJECT: MOTION – Approval of merit increase for the Village Clerk Each year, all Village employees are evaluated on their performance during the previous twelve months and typically receive either merit increases based upon a final numeric score or step-plan increases in accordance with collective bargaining agreements. Those performance evaluations are completed by the respective first line supervisors and in conjunction with the respective employee’s anniversary (hire) date or date of promotion, whichever is applicable. Likewise, the Village Clerk is evaluated by all five members of the Village Council. The numeric scores of those five performance evaluations are then averaged and a final score established. That score is then converted to a percentage score, which determines the increase in salary. The evaluation form consists of nine categories with numerical ratings from zero (below standards) to three (exceptional), as well as a rating of not applicable. This year, out of a possible high score of 135, the Clerk received a score of 117, which equates to an average score of 23.40, or an average percentage score of 87%. As shown on the attached merit calculation form, the Clerk’s merit increase is calculated at 4.4% (87% of 5). The effective date of the merit increase is retroactive to August 8, 2025. Article IV, section 8(c) of the Village Charter provides that “the compensation of the clerk shall be fixed by the council.” The attached merit calculation form has been reviewed by the Human Resources Department. Recommendation: Village Administration requests Council consideration and approval of a motion granting a merit increase of 4.4% to the Village Clerk based on the average score of each Councilmember’s performance evaluation and directing Village Administration to process same. 1 26.00 2 20.00 3 25.00 4 25.00 5 21.00 TOTAL 117.00 AVERAGE 23.40 Weighted Score Highest Possible Score COMBINED TOTAL 117.00 135.00 87% AVERAGED TOTAL 23.40 27.00 PERCENTAGE SCORE 87% Max for 5% (100% of Possible)27 Min for 2% (67% of Possible)18 Percentage Increase to Pay 4.4 % Evaluation Worksheet - Conversion from Score to %-age increase Village of North Palm Beach Evaluation Period - 8/8/24 to 8/8/25 Merit range: 2% - 5%. Employees must receive a minimum of 67% to be eligible for any merit increase. EVALUATION SCORES PERCENTAGE SCORE VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Keith Davis, Fleet Manager DATE: August 14, 2025 SUBJECT: RESOLUTION – Approving the surplus of one (1) 2015 Mack Front Load Refuse Truck. Village Staff is seeking Council consideration and adoption of a Resolution approving the surplus of one (1) 2015 Mack Front Load Refuse Collection Truck. Background: Based on its continued assessment of the commercial operations and the quantity/quality of service, Village Staff determined that vehicle 380, a 2015 Mack front load refuse vehicle, should be surplused as it has numerous costly repairs in order to put it on the road. Staff initially was going to surplus vehicle 379, another 2015 Mack front loader, when the Village ordered the replacement vehicle in 2024, but after further inspection of both trucks, Staff determined that it will be more cost efficient to keep vehicle 379. Surplus: Village Staff is recommending the surplus of vehicle 380 the 2015 Mack front load refuse collection vehicle. The surplus vehicles will be auctioned for sale. The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff requests Council consideration and adoption of the attached Resolution approving the surplus of one 2015 Mack Front Load Refuse Vehicle and authorizing its disposal in accordance with Village policies and procedures. RESOLUTION 2025- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLA GE OF NORTH PALM BEACH, FLORIDA, DECLARING ONE 2015 MACK FRONT LOAD REFUSE TRUCK AS SURPLUS PROPERTY AND AUTHORIZING ITS DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff is recommending the surplus of one (1) 2015 Mack front load refuse vehicle due to numerous and costly repairs; and WHEREAS, the Village Council has the authority to dispose of surplus items of personal property in any manner so long as it acts in good faith and in the best interests of the Village; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby declares Vehicle 380, a 2015 Mack front load refuse truck, as surplus personal property and authorizes its disposal in accordance with Village policies and procedures. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2025. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH GENERAL EMPLOYEES RETIREMENT SYSTEM MINUTES: MAY 6, 2025 1. Myrna Williams called North Palm Beach General Pension of the Board to order at 9:05 AM and called roll. Those persons present included: TRUSTEES Alan Kral, Trustee- attended by phone Myrna Williams, Secretary Francine Mantyh, Trustee Mark Albers, Trustee OTHERS Amanda Kish, Administrator (Resource Centers) Blake Myton, Investment Consultant (SunTrust) Bonni Jensen, Attorney (Klausner Kaufman Jensen & Levinson) Dina Lerner, Actuary (GRS) 2. REPORTS Actuary: GRS (Dina Lerner): Mrs. Lerner presented the 2024 Valuation Report to the Board for consideration. She reviewed the employer contribution for 2026, noting a slight increase. The plan experienced a net actuarial loss due to Higher-than-expected cost-of-living increases, more retirements than expected and Higher-than-expected salary increases This unfavorable experience was partially offset by strong investment performance. The plan’s return of 7.4% exceeded the expected rate of 6.25%. As a result, the employer contribution increased by $9,000, and the plan’s funded ratio stands at 93.9%. Mrs. Lerner stated the plan is in a good financial position. Motion: Francine Mantyh made a motion to approve the 2024 Valuation Report. The motion was seconded by Mark Albers and approved unanimously by the Trustees (4-0). Investment Consultant: Sterling (Blake Myton) Mr. Myton reviewed the market environment and portfolio performance for the quarter ending March 31, 2025. He discussed the impact of tariffs on the markets. Total plan assets stood at $19,849,944.77 as of March 31st. He provided an overview of growth versus value performance. The return for the quarter was 0.24% compared to the benchmark return of -0.06%. The fiscal year return was -1.08% versus the benchmark of -1.56%. Mr. Myton continued his report by reviewing individual managers. Motion: Francine Mantyh made a motion to approve the quarterly investment report. The motion received a second from Myrna Williams and was approved by the Trustees 4 -0. Mr. Myton informed the Board that the investment return assumption remains reasonable. Motion: Francine Mantyh made a motion to approve the investment return assumption for the short term, midterm, and thereafter. The motion received a second from Mark Albers and was approved by the Trustees 4 -0. Note: Mr. Kral left the meeting via phone at this point. ATTORNEY REPORT Mrs. Jensen informed the Board that they need to complete the form 1 by June 1st. ADMINSTRATOR Mrs. Kish informed the Board that an election notice was sent to the city, but no nominations were received. The Board held a discussion regarding the election. 3. PLAN FINANCIALS The Board reviewed the Warrant dated May 6, 2025. Motion: Trustee Mark Albers moved to approve the Warrant dated May 6, 2025. The motion received a second from Myrna Williams and was approved by the Trustees 3 -0. The Board also reviewed the minutes from February 6, 2025. A discussion was held regarding a member being recorded as present who was not in attendance, and a motion in the minutes that needed clarification. Mrs. Kish stated that the minutes would be tabled and presented again at the August 5th meeting. 4. OTHER BUSINESS 5. PUBLIC COMMENTS No members of the public had any comment 6. ADJOURNMENT There being no further business and the Board having previously scheduled the next regular meeting for Tuesday, August 5, 2023 @ 8:30 AM, Mark Albers made a motion to adjourn the meeting at 10:45 AM. The motion received a second from Myrna Williams, approved by the Trustees 3-0. Respectfully submitted, Myrna Williams, Secretary Village of North Palm Beach Waterways Advisory Board Meeting Minutes Tuesday, May 27, 2025, at 5:30 PM Village Hall Council Chambers 1.Roll Call BOARD MEMBERS PRESENT: Mark Michels, MD., Chair Marty Domenech, Secretary George Alger, Member Edward Crawford, Member BOARD MEMBERS ABSENT: Diane Winbrow, Vice Chair Bruce Crawford, Member Dave Terrana, Member VILLAGE STAFF: Robyn Lehoux, Executive Assistant to Building Director Councilmember, Lisa Interlandi Scott Freseman, Fire Chief 2.Deletions, Additions or Modifications to the Agenda: NONE 3.Public Comment for Non-Agenda Items: NONE 4.Approval of Minutes:Member Domenech motions to approve both March 25th and April 22nd, Member Algar seconds. 4-0 approves. 5.Declaration of Ex-parte Communications: NONE 6. Quasi-judicial Matters / Public Hearing a.Public Hearing i.New Business 1.Election of new members to be moved towards end of meeting. 2. Fuel Tank capacities discussion on citizens’ concerns of large and small vessels docked behind residences and whether the Village has the resources to extinguish an extreme fire behind residential homes that are on the waterways and/or at marinas. Larger vessels have amenities on board like suppressors and other safety features. Fuel type and the level of fuel (amount of fuel vapor) in the tank are concerns of how the size of the fire could grow. In addition to the Village’s resources, the Village relies on external resources and automatic aid from neighboring municipalities and agencies for assistance with extinguishing fires, as do they rely on the Village. Board Members are inquiring if residents should have regulations to have fire extinguishers on dock, if the Village needs to acquire equipment to be better equipped to manage large fires on the water, what could residents have on hand to remediate any gas spills in the water and if there should be regulation on refueling trucks that visit residences. Board Members to confer with the Environmental Committee to review cleanup efforts and long-term effects on fuel spillages in the waterways. 3. Boater Freedom Act: Board members reviewed the items' definition and discussed that there may be grants available to build docks, marinas and parking facilities in addition to a 10% discount for participating in a clean marina initiative. Chair Michels motions to create a resolution which Member Domenech seconds. This resolution should bring awareness for increased funding for waterway accesses including boat ramps, infrastructure and parking improvements. All in favor 4-0 4. Board Reorganization: All in favor 4-0 New Chair: Marty Domenech Vice Chair: George Algar ii. Old Business 1. Waterway Board member Ed Crawford regularly attends Environmental board meetings and Board member Algar attends Recreational meetings. 2. The Waterways board is proposing a request for the Village to purchase a device that maps the depth contours of the Village’s waterways. The device can be installed in the Village’s Police or Code Compliance vessel. This device would gauge areas that may require dredging, expose shoaling areas and create a navigable map that can be shared with waterway travelers. The amount of data storage required would need to be determined to ensure the Village can map various times of months, years and be able to overlay that data. 3. Marine Code Officer is awaiting certifications. 7. Commission Member Comments: NONE 8. Staff Updates: NONE 9. Adjournment: 6:44 PM All members of the public are invited to appear at the public hearing, which may be continued from time to time, and be heard with respect to this matter. If a person decides to appeal any decision made with respect to any matter considered at the subject meeting, he or she will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s Office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Planning Zoning and Adjustment Board. Due to the nature of governmental duties and responsibilities, the Planning Zoning and Adjustment Board reserves the right to make additions to, or deletions from, the items contained in this agenda. VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARD MEETING MINUTES DATE: May 27th, 2025 CALL TO ORDER Chair Christine DelGuzzi called the meeting to order at 7:11 pm. ROLL CALL Christine DelGuzzi, Chair Bonnie Jenkins, Member Brigid Misselhorn, Member Brad Avakian, Secretary Julie Morrell, Library Director Carolyn Kost, Member – Absent Tina Chippas, Member - Absent Stephanie DiGangi, Vice-Chair – Absent APPROVAL OF MINUTES Motion to approve April minutes seconded and passed unanimously. DIRECTOR’S REPORT Library Director Julie Morrell reported the following: Facilities • Doors fixed, plumbing issue resolved. • Lobby planter should be done in the next couple weeks, pipes and liner in. • Children’s carpet replacement could be done by the end of July, will have extra padding; meeting room carpet replacement is next on the list. Children’s Programming • Weekly Storytimes are at capacity with 70-100 for toddler storytimes; considering adding a music class to give alternatives. • Summer Reading Program kick off June 7th with glow in the dark party; Library partnering with Jupiter Donuts, children who meet their reading goals will earn a special edition donut. • Jurassic Parts, Reptile Show, and other visiting presenters will return this summer after being well attended and successful last summer. NEW BUSINESS: Chair DelGuzzi stepped down as her term has ended. Motion to approve Bonnie Jenkins as new Chair with Stephanie DiGangi remaining as Vice-Chair and Brad Avakian remaining as Secretary seconded and passed unanimously. OLD BUSINESS: None. MEMBER COMMENTS: Discussion of status of State funding for InterLibrary Loan system, which is still in place as of the meeting time. Library Advisory Board Meeting Minutes – May 27th, 2025 Page 2 of 2 Members discussed honoring Phyllis Wissner for her years of service as a Member of the Library Advisory Board. PUBLIC COMMENTS: None. STAFF COMMENTS: None. ADJOURNMENT: Motion to adjourn meeting seconded and passed unanimously. Meeting adjourned at 7:25 pm. Respectfully submitted by Brad Avakian. Village of North Palm Beach Planning, Zoning and Adjustment Board MINUTES Tuesday, July 1, 2025, at 6:30 pm Village Hall Council Chambers CALL TO ORDER Chair Solodar called the meeting to order at 6:30 PM. Roll Call BOARD MEMBERS PRESENT: Donald Solodar, Chair Jonathan Haigh, Vice-Chair Thomas Hogarth, Member Cory Cross, Member Claudia Visconti, Member Scott Hicks, Member BOARD MEMBER(S) ABSENT: Mark Michels, Member VILLAGE STAFF: Building Director Valentino Perez, Attorney, Len Rubin, Mayor Deborah Searcy Planning Consultant: Lance Lilly II. Deletions, Additions or Modifications to the Agenda: III. Public Comment (Non-Agenda Items): NONE IV. Approval of Minutes June 3, 2025: Member Cross motions to approve, Member Hogarth seconds. 6-0 V. Declaration of Ex-Parte Communications: NONE VI. Quasi-Judicial Matters / Public Hearings The Village Attorney swore all persons speaking. A. Site Plan & Appearance Reviews 1. 661 US Highway 1 – Austin Republic Mr. Lilly provided a staff presentation to give additional context regarding the proposed site plan and appearance request. James Strine, a representative from Austin Republic, addressed the Board and explained further details of the project. Member Visconti questioned the proposed and existing paint colors of the building. Mr. Strine clarified that the building would be repainted to match the existing color. Member Hogarth noted that the provided architectural plans did not reflect the proposed aesthetic improvements to the building, such as modifications to the columns. Member Visconti asked whether the The Village of North Palm Beach July 1, 2025 Planning, Zoning and Adjustment Board Agenda Page 2 of 3 landscaping on the property would remain unchanged or be improved. Mr. Strine explained that the property owner had already begun updating the landscaping with mulch. Vice Chair Haigh suggested that the Applicant consider planting additional landscaping in areas with gaps, such as where trees and shrubbery are missing. Mr. John Webb, also from Austin Republic, stated that the property had been mulched, the irrigation system had been updated, and that the team is willing to take the necessary steps to open the restaurant. Mr. Cross raised concerns about the garage doors and whether they comply with applicable safety standards for energy efficiency and weather resistance. Mr. Webb confirmed that the doors meet all applicable safety regulations, including energy and hurricane ratings. Mr. Cross also inquired about the duration of non-conforming signage and the regulations related to sign size. Attorney Rubin explained that the Village could amend its code provisions regarding non- conforming signs; however, as the code currently stands, refacing of non-conforming signs is allowed. Member Visconti reiterated the need for further landscaping improvements. Member Hogarth recommended that the Applicant return to the Board with a more detailed landscape plan, as well as refined architectural plans for the windows, columns, and other design elements. Public Comment: Deborah Cross, a Village resident, commented on the garage door, the building façade, and the monument square footage. Member Hogarth questioned the square footage of the sign and the size of the logo for the Austin Republic restaurant. Mr. Lilly explained that the Applicant is not increasing the square footage or height of the existing sign. Member Hogarth referenced the code provision stating that the logo may not exceed 50% of the sign area and suggested that the sign should be revisited. Motion: Member Hogarth motions to approve with conditions that the proposed monument sign and the installation of the garage doors (and related changes to the appearance of the dormers and windows) are not approved. The Applicant shall resubmit: a revised monument sign plan reflecting the reduced logo size with the building address incorporated; updated architectural elevations depicting the colors of the dormer windows and garage doors; accurate representations of the stacked stone facades and garage doors; and an updated landscape plan illustrating the existing and proposed site conditions. Member Visconti seconds. 5-1 approved (Member Cross opposed). 2. 630 US Highway 1 – AvoTek Capital Mr. Lilly provided a staff presentation to offer additional context regarding the proposed site plan and appearance request. Mari Morales from Kemp Signs, explained that the original application was for a multi-tenant sign; however, staff advised that such a sign was not permissible under the Village Code. As a result, the application was revised to propose a monument sign identifying BioReset. Member Haigh expressed concern that the proposed sign may impact the existing landscaping in the designated location and questioned whether there would be sufficient space to accommodate the required landscaping around the base of the monument. Member Hogarth questioned the differences between the name displayed on the building and the name proposed on the monument sign. Attorney Rubin clarified that the Code allows for a sign to reflect either the building’s name or that of a building occupant. Member Hogarth also commented that the design of the proposed monument sign did not appear to match the architectural character of the building. The Village of North Palm Beach July 1, 2025 Planning, Zoning and Adjustment Board Agenda Page 3 of 3 Member Visconti questioned the reason for removing the existing BioReset wall sign and whether the monument sign could instead display the name AvoTek Capital. Andre Britt, Director of Operations at AvoTek, explained that the building owner preferred the existing wall sign be replaced with AvoTek's business name, as they are the primary tenant. Vice Chair Haigh made a motion to approve the application with the condition that the Applicant resubmit to the Board, accompanied by supporting documentation demonstrating that the proposed monument sign can be accommodated at the proposed location and will comply with the Village’s landscaping requirements and all other applicable Code provisions. Member Hogarth seconded the motion.6-0 approved unanimously. Commission Member Comments Member Cross questioned the replacement of power poles along Prosperity Farms Road, specifically whether the existing wood poles would be replaced with concrete poles. Attorney Rubin stated that Staff can contact Public Works for additional information. Public Comment: Deborah Cross stated that if the poles are replaced with concrete, they should be designed to resemble wood. Member Hogarth inquired about the status of the updated sign code and when it would be presented to the Council. Attorney Rubin explained that the code revisions are still in progress and will eventually be brought before the Council for review. Staff Updates Next Meeting: August 5, 2025 Adjournment Meeting adjourned at 7:44 PM All members of the public are invited to appear at the public hearing, which may be continued from time to time, and be heard with respect to this matter. If a person decides to appeal any decision made with respect to any matter considered at the subject meeting, he or she will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require speci al accommodation to participate in this meeting should contact the Village Clerk’s Office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Planning Zoning and Adjustment Board. Due to the nature of governmental duties and responsibilities, the Planning Zoning and Adjustment Board reserves the right to make additions to, or deletions from, the items contained in this agenda. VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: August 14, 2025 SUBJECT: ORDINANCE 2nd READING – Ordinance Adopting Tree Preservation Requirements and Tree Removal Permits. The Village Council requested that this office prepare a draft Tree Preservation Ordinance, including a tree removal permit process, for the Council’s consideration and input. The preliminary draft provided by Vice Mayor Interlandi has been revised and placed in Ordinance form. The proposed Ordinance amends the Village’s Zoning Code and seeks to protect identified native trees and swale trees throughout the Village as follows: Requires a tree removal permit for protected trees. Protected trees are defined as native trees (of the type and size identified in Section 45-103) and swale trees. Provides for exemptions to permit requirements for: (1) trees on single-family lots posing an unacceptable risk to persons or property as set forth in Section 163.045, Florida Statutes; (2) removal of trees by the Village’s Public Works Department; (3) removal of trees that have been effectively destroyed by an Act of God or external forces; (4) routine pruning and maintenance that does not result in irreversible damage; (5) removal of invasive species; (6) removal of fruit trees; and (7) removal of a dead tree. Provides for review (and approval, approval with conditions, or denial) of tree removal permit applications by the Building and Zoning Director or designee. Requires that all development proposals (land development applications and building permits) provide for tree preservation and the evaluation of all alternative strategies. Provides mitigation requirements for tree removal in the form of relocation or replacement. If no viable relocation or replacement options exist, a contribution can be made to the Village’s tree trust fund. Provides for the retention of a registered landscape architect and/or a certified arborist to assist with administration of the tree preservation requirements. Provides for enforcement through code enforcement proceedings or any lawful means. The proposed Ordinance also provides for additional penalties such as triple the permit fee, enhanced mitigation, and the issuance of a stop work order. Establishes a tree trust fund and restricts the use of such funds to: purchasing and planting trees on real property within the Village; funding public educational outreach programs; funding tree giveaways to residents; and supporting urban forestry programs and tree maintenance and/or preservation throughout the Village. At its July 10, 2025, meeting, the Council held a workshop on the proposed Ordinance and, by consensus, directed that it proceed to first reading. The Village Council further voted to enact a Zoning in Progress until final adoption. Consequently, Building and Zoning Staff will be reviewing all building permit and development order applications and advising applicants of the preservation and mitigation requirements. Furthermore, in response to concerns raised by members of the Council, this office further revised the Ordinance as follows: 1. The term “fruit tree” was defined as “a tree that provides fruit for human consumption.” 2. A new Section 45-113, “Appeals,” was added to provide that any person who has been adversely affected by any decision rendered or requirement imposed by the Village in the enforcement and administration of this article shall utilize the administrative appeal provisions of Section 45-52.” Section 45-52 already establishes the process and procedure by which the Planning, Zoning and Adjustment Board hears appeals of administrative decisions. There is no immediate fiscal impact. At its July 24, 2025, meeting, the Village Council adopted the Ordinance on first reading without modification by a vote of 4-0 (Vice Mayor Interlandi was absent). As an accompanying agenda item, Staff is also proposing a Resolution adopting a fee schedule governing both the application fee and the required contribution to the tree trust fund in the event no viable relocation or replacement options exist for trees that are removed. Recommendation: Village Staff requests Council consideration and adoption on second and final reading of the attached Ordinance amending Appendix C (Chapter 45) of the Village Code of Ordinances to adopt a new Article IX, “Tree Protection,” in accordance with Village policies and procedures. Page 1 of 9 ORDINANCE NO. 2025-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 4 45), “ZONING,” OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING 5 A NEW ARTICLE IX, “TREE PRESERVATION;” PROVIDING FOR THE 6 PURPOSE AND APPLICABILITY; PROVIDING FOR DEFINITIONS; 7 PROVIDING FOR PERMIT REQUIREMENTS, ISSUANCE, FEES, AND 8 EXEMPTIONS; PROVIDING FOR PRESERVATION AND MITIGATION 9 REQUIREMENTS; PROVIDING FOR ENFORCEMENT AND PENALTIES; 10 PROVIDING FOR A TREE TRUST FUND; PROVIDING FOR APPEALS; 11 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 12 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE 13 DATE. 14 15 WHEREAS, the Village of North Palm Beach recognizes the environmental, aesthetic, and 16 stormwater management benefits provided by trees, particularly native and swale trees; and 17 18 WHEREAS, Objective 1.9 of the Future Land Use Element of the Village’s Comprehensive Plan 19 encourages the protection and enhancement of the Village’s tree population, and Policy 1.9.7 20 encourages the protection of existing trees by creating mitigation provisions in the Village’s land 21 development regulations; and 22 23 WHEREAS, the Village wishes to revise its land development regulations to create a process 24 regulating the removal of protected trees, i.e., native trees and swale trees; and 25 26 WHEREAS, the Village’s Planning, Zoning and Adjustment Board held a public hearing on the 27 proposed regulations and provided a recommendation to the Village Council; and 28 29 WHEREAS, the Village Council determines that the protection and preservation of trees contribute 30 to the health, safety and welfare of the Village and its residents and that the adoption of this 31 Ordinance is in the interests of the public health, safety, and welfare. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 34 OF NORTH PALM BEACH, FLORIDA as follows: 35 36 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 37 38 Section 2. The Village Council hereby amends Appendix C (Chapter 45) of the Village Code 39 of Ordinances by adopting a new Article IX, “Tree Preservation,” to read as follows: 40 41 ARTICLE IX. TREE PRESERVATION 42 43 Sec. 45-101. Purpose. 44 45 The village recognizes the essential role that trees play in enhancing 46 environmental quality, supporting biodiversity, improving air and water resources, 47 Page 2 of 9 and providing shade and aesthetic value. Preserving and protectin g trees, 1 particularly native trees, assists in maintaining the village’s ecological balance, 2 strengthens climate resilience, and upholds the village’s commitment to responsible 3 land stewardship. This article encourages preservation and requires mitigation for 4 the loss of valuable swale and native trees through relocation, replacement, and/or 5 contribution to the tree trust fund. 6 7 Sec. 45-102. Applicability. 8 9 (a) The provisions of this article apply to all parcels of real property 10 located within the village. 11 12 (b) Unless otherwise provided in this article, no person, firm, 13 corporation, association, or agency shall destroy, remove, or relocate a protected 14 tree from any parcel of real property, including commercial properties, without first 15 obtaining a tree permit from the village. 16 17 (c) This article is intended to complement and not conflict with other 18 village, state, and federal environmental regulations. However, in the case of such 19 conflict, the more restrictive regulations shall apply. 20 21 Sec. 45-103. Definitions. 22 23 For purposes of this article, the following definitions shall apply: 24 25 Diameter at breast height (DBH) means the measurement of a tree’s trunk 26 diameter at four and one-half (4.5) feet above the ground. For multi-trunk trees, 27 DBH shall be the sum of the diameters of all trunks measured at 4.5 feet above 28 grade. 29 30 Fruit tree means a tree that provides fruit for human consumption. 31 32 Native tree means any tree or palm of the following listed species that are 33 indigenous to South Florida and meet the size thresholds as follows: 34 Common Name Scientific Name Size Live Oak Quercus virginiana 6” DBH Gumbo Limbo Bursera simaruba 6” DBH Slash Pine Pinus elliottii 6” DBH Pigeon Plum Coccoloba diversifolia 4” DBH Paradise Tree Simarouba glauca 4” DBH Wild Tamarind Lysiloma latisiliquum 4” DBH Page 3 of 9 Green Buttonwood Conocarpus erectus 4” DBH Dahoon Holly Ilex cassine 3” DBH Satinleaf Chrysophyllum oliviforme 3” DBH Florida Mastwood Sideroxylon foetidissimum 4” DBH Mahogany Swietenia mahagoni 6” DBH Bald Cypress Taxodium distichum 6” DBH Red Maple Acer rubrum 4” DBH Cabbage Palm Sabal palmetto 12’ of clear trunk Thatch Palm Thrinax radiata 8’ of clear trunk Any other tree that is indigenous to South Florida and listed in the Florida Native Plant Atlas 6” DBH 1 Protected tree means: (i) any listed native tree that meets the size criteria 2 set forth above; and (ii) any swale tree regardless of size. 3 4 Swale tree means any tree located within the public right-of-way adjacent to a 5 roadway, typically between the sidewalk and the paved roadway. 6 7 Sec. 45-104. Permit requirement. 8 9 (a) No person shall remove, destroy, or relocate any protected tree 10 without first obtaining a tree removal permit from the village, unless otherwise 11 exempt pursuant to Section 45-106 below. 12 13 (b) A tree removal permit may be obtained after completing and 14 submitting a permit application to the village’s building and zoning department. 15 The permit application shall be deemed complete when the application fee and all 16 information necessary to understand the extent, nature and potential impacts of the 17 proposed removal, destruction, or relocation are received by the village. The permit 18 application information may include, but is not limited to, the following: 19 20 1. The property owner’s information and location of the tree(s). 21 22 2. Tree size, diameter at breast height, and common name or scientific 23 name. 24 Page 4 of 9 3. A justification for removal, destruction, or relocation. 1 2 4. A site plan or photograph showing the tree(s). 3 4 5. A proposed mitigation plan as required under section 45-109 below. 5 6 6. A survey showing the tree or trees to be removed, any relocated 7 trees, and any trees proposed for installation. 8 9 7. Parcel information including the parcel control number (PNC) and 10 street address. 11 12 8. A completed application form with the signature of the property 13 owner, or authorized agent of the property owner with agent 14 authorization letter. 15 16 Sec. 45-105. Permit fees. 17 18 The village shall establish a fee schedule for all matters related to tree 19 removal, relocation, replacement, monetary contributions, and administrative 20 reviews. 21 22 Sec. 45-106. Exemptions. 23 24 The following activities are exempt from the permit requirements: 25 26 1. Removal of a tree pursuant from residential property pursuant to 27 Section 163.045, Florida Statutes, as amended, if the property owner 28 possesses documentation from an arborist certified by the 29 International Society of Arboriculture or a Florida licensed 30 landscape architect that the tree poses an unacceptable risk to 31 persons or property. A tree poses an unacceptable risk to persons or 32 property if removal is the only means of practically mitigating its 33 risk below moderate, as determined by the tree risk assessment 34 procedures outlined in Best Management Practices - Tree Risk 35 Assessment, Second Edition (2017). For purposes of this section, 36 “residential property” means a single-family detached building 37 located on a lot that is actively used for single-family residential 38 purposes and is either a conforming use or a legally recognized 39 nonconforming use under the village's zoning regulations. Parcels 40 or lots that comprise the common elements or community property, 41 in whole or in part, of a planned unit development or a mixed-use 42 development shall not be considered "residential property" for 43 purposes of this exemption. 44 45 2. Removal of a tree by the village’s public works department for 46 public safety or infrastructure maintenance purposes. 47 48 Page 5 of 9 3. Removal of trees that have been destroyed or effectively destroyed 1 by an act of god or external forces beyond the control of the property 2 owner, where such destruction could not have been prevented with 3 reasonable care. 4 5 4. Routine pruning and maintenance that does not result in irreversible 6 damage. 7 8 5. Removal of invasive species as listed by the Florida Invasive 9 Species Council. 10 11 6. Removal of any fruit tree. 12 13 7. Removal of any dead tree. 14 15 Sec. 45-107. Issuance of tree removal permit. 16 17 (a) The building and zoning director or designee shall review each 18 completed permit application using objective criteria determined by the village and 19 best practices from biology, botany, forestry, landscape architecture, and other 20 relevant fields. 21 22 (b) A tree removal permit may be issued when the application 23 requirements are satisfied and one or more of the following conditions exist: 24 25 1. The tree constitutes an unreasonable impediment to an existing or 26 proposed permitted use of the property by virtue of its location in a 27 buildable area or yard area where structures or improvements are to 28 be placed and, in the determination of the village, preservation is not 29 feasible under any reasonable alternative. 30 31 2. The tree interferes with utility services. 32 33 3. The tree creates unsafe vision clearances. 34 35 4. The tree conflicts with other village ordinances or regulations. 36 37 5. The tree is a prohibited tree species, listed as a Category 1 Exotic 38 Pest & Invasive Plant by the Florida Invasive Species Council (in 39 the event of removal of a prohibited tree species, no fee shall be 40 required). 41 42 6. The village requires the tree to be removed. 43 44 (c) Upon approval of the permit application, the building and zoning 45 director or designee shall approve, approve with conditions, or deny the tree 46 removal permit. Tree removal permits shall expire and become null and void if 47 Page 6 of 9 work is not commenced within ninety (90) calendar days from the date of permit 1 issuance. 2 3 Sec. 45-108. Preservation requirements. 4 5 (a) To the fullest extent practicable, all development proposals (land 6 development applications or building permit applications) shall provide for the 7 protection or relocation of existing trees with a tree disposition plan, as required by 8 Section 45-86 of this chapter. 9 10 (b) If a protected tree cannot be preserved under a proposed 11 development plan, the applicant must demonstrate that they have evaluated 12 alternative plans that prioritize tree preservation while allowing reasonable 13 development. 14 15 (c) Alternative strategies may include, without limitation, one or more 16 of the following: 17 18 1. Adjusting building orientation. 19 20 2. Modifying lot lines for multi-lot developments, when feasible. 21 22 3. Implementing site design techniques (e.g., pervious pavement, 23 foundation adjustments) to protect root systems. 24 25 4. Using tree wells, retaining walls, or engineering solutions to 26 integrate the tree into the development footprint. 27 28 (d) The applicant must demonstrate that preservation is not feasible 29 under any reasonable alternative. Mitigation as specified in section 45-109 below 30 is required for tree removal to accommodate new development on improved and 31 unimproved properties. 32 33 Sec. 45-109. Mitigation requirements. 34 35 To ensure the continued ecological and aesthetic benefits provided by trees, 36 mitigation shall be required for all tree removal. Property owners or applicants shall 37 implement one or more of the following mitigation measures as determined by the 38 building and zoning director or designee. 39 40 1. Relocation. If feasible, relocation of the tree is the village’s 41 preferred mitigation. Relocation should occur on-site when feasible. 42 If on-site relocation is not feasible, off-site relocation to a village-43 approved location is required. Where appropriate, a combination of 44 on-site and off-site relocation may be considered by the building and 45 zoning director or designee. 46 47 Page 7 of 9 2. Replacement. If relocation is not feasible, the removed tree must be 1 replaced with native trees (selected from a village-approved list) 2 such that the total caliper of replacement trees is equal to or greater 3 than the DBH of the removed tree. Replacement should occur on-4 site (preferred) or at a location approved by the village council for 5 tree mitigation. 6 7 a. Trees or palms that are relocated and do not survive in the 8 first nine (9) months from the date of installation shall be 9 replaced by the applicant at the applicant’s expense. 10 Replacement trees shall be the same species, or an alternate 11 species approved by the building and zoning director or 12 designee. 13 14 b. The required mitigation ratio for protected trees shall be 1:1 15 inches DBH. 16 17 c. All replacement mitigation trees must be planted within 18 ninety (90) days of the issuance of the tree permit, or prior 19 to issuance of conditional certificate of occupancy or first 20 certificate of occupancy, except for tree replacements in 21 connection with major storm events. 22 23 3. Tree trust fund. If no viable relocation or replacement options exist, 24 the applicant shall contribute to the village’s tree trust fund in 25 accordance with the adopted fee schedule. 26 27 4. Development projects. If tree removal is proposed as part of a 28 development project, the village shall consider whether reasonable 29 modifications to the project design could preserve the tree(s) before 30 granting approval for removal. 31 32 5. Financial hardship. If an applicant demonstrates financial hardship, 33 phased replacement or installment contributions to the tree trust 34 fund may be approved. 35 36 Sec. 45-110. Retention of licensed professionals. 37 38 The building and zoning director or designee is authorized to engage 39 services of a licensed landscape architect and/or a certified arborist, as deemed 40 necessary, to render any determinations required by this article. 41 42 Sec. 45-111. Enforcement and Penalties. 43 44 (a) All violations of this article shall be enforced through the code 45 enforcement process or any other lawful means available to the village. 46 47 Page 8 of 9 (b) In addition to code enforcement proceedings initiated pursuant to 1 subsection (a) above, unauthorized tree removal may result in the following 2 additional penalties: 3 4 1. Triple permit fee for each violation, with each tree 5 constituting a separate violation; 6 7 2. Mitigation at an increased ratio of [2:1] inches DBH; and 8 9 3. The issuance of a stop-work order. 10 Sec. 45-112. Tree trust fund. 11 12 (a) A tree trust fund is hereby established for the purpose of accruing 13 revenues generated by the receipt of monies collected as mitigation for trees 14 removed. The funds in the tree trust fund may be used to pay for the following 15 activities: 16 17 1. Purchasing and planting trees on real property within the village; 18 19 2. Funding public educational outreach programs; 20 21 3. Funding tree giveaways to residents that promote tree preservation; 22 or 23 24 4. Supporting urban forestry programs, tree maintenance, and/or 25 preservation throughout the village. 26 27 (b) Expenditures from the tree trust fund shall be approved by the 28 village manager or designee. 29 30 Sec. 45-113. Appeals. 31 32 Any person who has been adversely affected by any decision rendered or 33 requirement imposed by the village in the enforcement and administration of this 34 article shall utilize the administrative appeal provisions of section 45 -52 of this 35 chapter. 36 37 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 38 the Village of North Palm Beach, Florida. 39 40 Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 41 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, 42 such holding shall not affect the remainder of this Ordinance. 43 44 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 45 conflict herewith are hereby repealed to the extent of such conflict. 46 Page 9 of 9 Section 6. This Ordinance shall take effect upon adoption. 1 2 PLACED ON FIRST READING THIS ____ DAY OF ____________, 2025. 3 4 PLACED ON SECOND, FINAL READING AND PASSED THIS ____ DAY OF ____________, 5 2025. 6 7 8 (Village Seal) 9 MAYOR 10 11 ATTEST: 12 13 14 VILLAGE CLERK 15 16 APPROVED AS TO FORM AND 17 LEGAL SUFFICIENCY: 18 19 20 VILLAGE ATTORNEY 21 1 Business Impact Estimate AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 45), “ZONING,” OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE IX, “TREE PRESERVATION;” PROVIDING FOR THE PURPOSE AND APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS, ISSUANCE, FEES, AND EXEMPTIONS; PROVIDING FOR PRESERVATION AND MITIGATION REQUIREMENTS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR A TREE TRUST FUND; PROVIDING FOR APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the Village is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the Village is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. 2 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the Village hereby publishes the following information: 1. Summary of the proposed ordinance: The proposed Ordinance requires a tree removal permit for protected trees; requires that all development proposals provide for tree preservation and evaluation of alternate strategies; provides mitigation requirements for tree removal in the form of relocation or replacement and for contributions to the Village’s tree trust fund if no viable relocation or replacement options exist; and establishes a tree trust fund and restricts the use of such funds. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the Village: (a) The only for-profit businesses being impacted are developers seeking to construct new development projects in the Village. The compliance costs will depend on the number of trees that must be relocated or replaced and if no viable alternatives for relocation or replacement exist, the contribution to the Village’s tree trust fund. (b) There proposed permit fee is $25.00, with an appeal fee of $75.00 (c) The regulatory costs are unknown at this time, but the Village will incur costs to administer the tree permit program and to retain an arborist or landscape architect to review the Village’s determinations in the administration of the program. The total revenue to the tree trust fund will depend on the number of trees removed and tree trust fund contribution schedule adopted by the Village Council. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Varies depending on the number of development projects. VILLAGE OF NORTH PALM BEACH VILLAGE CLERK’S OFFICE VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Leonard G. Rubin, Village Attorney Jessica Green, Village Clerk DATE: August 14, 2025 SUBJECT: ORDINANCE 1st Reading – Amending Section 2-1 of the Village Code governing the appointment and operation of Village boards and committees to modify the procedure for selection of the Chairperson At its July 24, 2025, meeting, the Village Council held a workshop on the required rotation of the chairperson of Village boards and committees. Section 2-1(i)(1) of the Village Code currently prohibits a chairperson of a Village board or committee from serving successive terms. The Council had previously granted the Environmental Committee’s request not to rotate the chairperson, and other boards and committees expressed a desire for the same consideration. At the conclusion of its discussion, the Village Council directed Staff to amend the Ordinance to express Council’s intent that the chairperson rotate on an annual basis yet allow boards and committees to elect a chairperson to successive terms by majority vote. Staff is also recommending an additional revision to clarif y that the appointment of officers should take place at the first meeting after May 1st of each year (as opposed to a meeting during the month of May) because not all boards and committees meet monthly. The attached Ordinance proposes the following revisions to Section 2-1(i)1 of the Village Code of Ordinances (deleted language stricken through and additional language underlined): All boards and committees shall, at a the first meeting during the month of after May 1st of each year, elect a chairperson, a vice-chairperson, and any other officers as the board deems necessary. The chairperson shall preside at board meetings and shall be the official spokesperson for the board. The term of the chairperson shall be for one-year, and any person who has served as chairperson for one term shall not serve as chairperson during the following year. However, beginning one year after termination of his or her term as chairperson, he or she may again serve as chairperson. While it is the intent of the village council that the chairperson rotate on an annual basis, a board or committee may, by majority vote, appoint a chairperson to serve successive terms. The attached Ordinance has been prepared and/or reviewed for legal sufficiency by the Village Attorney. There is no fiscal impact. Recommendation: Village Staff requests Council consideration and adoption on first reading of the attached Ordinance amending Section 2-1 of the Village Code of Ordinances governing the selection of chairperson for Village boards and committees in accordance with Village policies and procedures. Page 1 of 6 ORDINANCE NO. _____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF 4 CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF 5 ORDINANCES BY AMENDING SECTION 2-1, “BOARDS AND 6 COMMITTEES,” TO MODIFY THE PROCEDURE FOR THE APPOINTMENT OF 7 CHAIRPERSONS; PROVIDING FOR CODIFICATION; PROVIDING FOR 8 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, Section 2-1 of the Village Code of Ordinances governs the appointment and operation 12 of Village boards and committees; and 13 14 WHEREAS, the Village Council wishes to amend Section 2-1 to: (1) revise the language specifying 15 the timing for appointment of officers to coincide with the various board and committee meeting 16 schedules; and (2) clearly indicate the Village Council’s intent that the chairperson rotate on an annual 17 basis yet allow a board or committee to appoint a chairperson to successive terms by majority vote; 18 and 19 20 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of 21 the public health, safety, and welfare. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 24 NORTH PALM BEACH, FLORIDA as follows: 25 26 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 27 28 Section 2. The Village Council hereby amends Article I, “In General,” of Chapter 2, 29 “Administration,” of the Village Code of Ordinances as follows (additional language is underlined 30 and deleted language stricken through): 31 32 Sec. 2-1. Boards and committees. 33 34 (a) Purpose. The purpose of this section is to establish procedures for 35 village boards and committees. Except as specifically provided by law or ordinance, 36 all boards and committees are advisory only and the existence of such advisory boards 37 and committees does not diminish or alter the statutory or constitutional authority of 38 the village council. 39 40 (b) Scope. The provisions of this section shall apply to all village boards 41 and committees and shall govern the conduct of all members of such boards. 42 43 (c) Creation of advisory boards. The village council may, by ordinance, 44 create a board or committee in connection with any function of the village. The 45 ordinance creating such board shall specify the purpose, powers, and duties of the 46 Page 2 of 6 board. Nothing set forth herein shall prevent the village council from creating ad hoc 1 committees of limited duration by resolution. 2 3 (d) Records. Each board and committee shall maintain attendance records 4 and voting records of each member and shall forward such information to the village 5 clerk. The records shall include the reason given by the board or committee member 6 for any absence. 7 8 (e) Compensation of members. Board and committee members shall serve 9 without compensation except as may be provided by ordinance or resolution of the 10 village council. 11 12 (f) General provisions. Members of village boards and committees: 13 14 (1) Shall serve at the pleasure of the village council and may be removed 15 with or without cause by a vote of the village council; 16 17 (2) Shall be a resident of the village and maintain residency in the village 18 during the term of appointment (unless waived by the village council) 19 and meet such other eligibility requirements as may be established by 20 the village council; 21 22 (3) Shall not hold any employment or office in village government or any 23 contractual relationship with the village; 24 25 (4) Shall serve on only one village board or committee where membership 26 on two boards or committees would violate the constitutional dual 27 office-holding prohibition; 28 29 (5) Shall not appear before the board or committee on which they serve or 30 the village council as an agent or attorney on behalf of any person or 31 entity; 32 33 (6) Shall not have or hold any employment or contractual relationship that 34 will create a continuing or frequently recurring conflict between their 35 private interests and the performance of their public duties or that 36 would impede the full and faithful discharge of their public duties; 37 38 (7) Shall not initiate any grievance or complaint against any pe rson 39 appearing before the board or committee on which they serve without 40 the approval of the village manager; and 41 42 (8) Shall attend all meetings in person and shall not participate as a member 43 of any board or committee or vote on any matter by telephone, video 44 conferencing, or any other electronic means. 45 46 (g) Number of members. Unless otherwise provided by law or ordinance, 47 each advisory board or committee shall have seven (7) members. 48 Page 3 of 6 (h) Terms of members. 1 2 (1) The terms of members shall be established in the ordinance creating the 3 board or committee. Notwithstanding the foregoing, the village council 4 may, at the time of appointment, modify the term of any member in 5 order to provide for staggered terms. 6 7 (2) Members whose terms have expired shall continue to serve until their 8 successors are appointed. 9 10 (3) Board and committee members may be reappointed to successive 11 terms. 12 13 (4) Appointments to fill vacancies on any board or committee shall be for 14 the remainder of the unexpired term. 15 16 (i) Officers. 17 18 (1) All boards and committees shall, at a the first meeting during the month 19 of after May 1st of each year, elect a chairperson, a vice-chairperson, 20 and any other officers as the board deems necessary. The chairperson 21 shall preside at board meetings and shall be the official spokesperson 22 for the board. The term of the chairperson shall be for one-year, and 23 any person who has served as chairperson for one term shall not serve 24 as chairperson during the following year. However, beginning one year 25 after termination of his or her term as chairperson, he or she may again 26 serve as chairperson. While it is the intent of the village council that the 27 chairperson rotate on an annual basis, a board or committee may, by 28 majority vote, appoint a chairperson to serve successive terms. 29 30 (2) The vice-chairperson shall assume the duties of the chairperson in the 31 absence of the chairperson. At any meeting where the chairperson and 32 the vice-chairperson are absent, the board or committee shall appoint a 33 chairperson pro tempore to assume the duties of the chairperson. 34 35 (j) Rules. Each board and committee shall adopt rules and regulations 36 regarding the manner of conducting its meetings, which shall be consistent with the 37 rules and regulations prescribed by the village council. Each board and committee 38 shall adhere to the basic rules of parliamentary procedure, which require that: 39 40 (1) All items of business and motions that are properly before the board or 41 committee are fully and freely discussed; 42 43 (2) Only one (1) issue or motion be considered at a time; 44 45 (3) All members direct their remarks to the chairperson and wait to be 46 recognized by the chairperson; 47 48 Page 4 of 6 (4) While majority rules, the rights of the minority are protected by 1 assuring them the ability to speak and vote; and 2 3 (5) All members refrain from making personal remarks or otherwise 4 attacking the motives of other members. 5 6 (k) Meetings. 7 8 (1) All village boards and committees shall schedule a regular meeting at 9 least once per quarter (or four times between May 1st and April 30th), 10 except the audit committee, which shall meet on an on-call basis. 11 Meetings shall be held at the call of the chairperson, at such other times 12 as the board or committee may determine, or as otherwise provided by 13 law or ordinance. Special meetings may be called by the chairperson or 14 by written notice signed by a majority of all members and shall not be 15 held unless at least forty-eight (48) hours’ notice is given to each 16 member and to the village clerk. 17 18 (2) Members shall notify the chairperson if they are unable to attend a 19 meeting. If a quorum will not be present, the scheduled meeting shall 20 be cancelled. 21 22 (3) Minutes shall be kept of the proceedings at each meeting and shall 23 record the official acts taken by the board or committee. Minutes shall 24 be transmitted to, and maintained by, the village clerk. 25 26 (4) All meetings and public hearings of village boards and committees 27 shall be open to the public. All meetings shall be governed by 28 Government-in-the-Sunshine Law, as set forth in F.S. § 286.011. 29 30 (5) Absent exigent circumstances, no board or committee meeting shall 31 begin prior to 5:30 p.m. and all meetings shall be adjourned on or 32 before 11:00 p.m. on the date when the meeting convened. 33 34 (l) Quorum and required vote. 35 36 (1) Unless otherwise provided by law or ordinance, a quorum for the 37 transaction of business shall consist of four (4) members. 38 39 (2) The affirmative vote of a majority of those present shall be necessary 40 to take official action. If any motion fails to achieve the affirmative 41 vote of a majority of those present, then such petition or other matter 42 shall be deemed denied. 43 44 (m) Removal of members. 45 46 (1) Unless waived by the village council, any member who no longer 47 resides within the village during his or her term shall automatically 48 Page 5 of 6 cease to be a member of the board or committee and shall inform the 1 village clerk's office. 2 3 (2) If any member of a board or committee is absent from two (2) regular 4 meetings for boards or committees meeting no more than quarterly or 5 three (3) regular meetings for boards or committees meeting monthly 6 within a twelve-month period (from May 1st to April 30th ), the village 7 clerk shall notify the member in writing that he or she shall be removed 8 from the board or committee. Within ten (10) days of receipt of 9 notification of his or her removal, the member may appeal his or 10 removal to the village manager in writing. The decision of the village 11 manager shall be final. 12 13 (3) The village manager may, at his or her discretion, remove a member 14 for: attacking the motives of other board or committee members, 15 members of village staff or village consultants; making derogatory, 16 abusive, profane, threatening, or vulgar remarks or comments; or for 17 any other conduct that, in the village manager’s sole determination, 18 reflects poorly upon the village. The decision of the village manager 19 shall be final. 20 21 (n) Anti-nepotism clause. No relative of a member of the village council 22 shall be appointed by the council to a village board or committee. For the purposes of 23 this section, a relative means an individual who is related to a councilmember as father, 24 mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, 25 wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, 26 sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, 27 half-brother, or half-sister or an individual having the same legal residence as a 28 councilmember. 29 30 (o) Reports for village council. On at least a quarterly basis, the 31 chairperson of each board or committee or the chairperson’s designee shall make a 32 report of the board or committee’s activities to the village council at a regularly 33 scheduled council meeting. 34 35 (p) Resignation of members. Members of boards or committees may resign 36 at any time, by submitting a written letter of resignation to the village clerk. 37 38 (q) Clerical/technical support. The village manager may furnish the board 39 or committee necessary clerical services and technical assistance. 40 41 (r) Dissolution of boards. Unless otherwise provided by law or ordinance, 42 the village council may dissolve a board or committee if the village council determines 43 that the board is no longer needed to meet the purposes for which it was established. 44 45 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the 46 Village of North Palm Beach. 47 48 Page 6 of 6 Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 1 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such 2 holding shall not affect the remainder of this Ordinance. 3 4 Section 5. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in conflict 5 herewith are hereby repealed to the extent of such conflict. 6 7 Section 6. This Ordinance shall take effect immediately upon adoption. 8 9 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2025. 10 11 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 12 2025. 13 14 15 (Village Seal) 16 MAYOR 17 18 ATTEST: 19 20 21 VILLAGE CLERK 22 23 APPROVED AS TO FORM AND 24 LEGAL SUFFICIENCY: 25 26 27 VILLAGE ATTORNEY 28 29 VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: August 14, 2025 SUBJECT: RESOLUTION – Establishment of Application Fee and Tree Trust Fund Contribution Fees for Implementation of Tree Preservation Ordinance Through the adoption of Ordinance No. 2025-12, the Village Council adopted a new Article IX of Chapter 45 of the Village Code of Ordinances providing for the preservation of native and swale tree and mitigation for the loss of such trees through relocation, replacement, and/or contributions to the Village’s Tree Trust Fund. Specifically, Section 45-105 of the Village Code requires the Village to establish a fee schedule for all matters related to tree removal, relocation, replacement, monetary contributions, and administrative reviews. Village Staff is proposing a tree removal permit fee of $25.00 per tree. The cost of an administrative appeal pursuant to Section 45-52 of the Village Code (as provided for in Section 45-113) is already established by the Village’s fee schedule ($500.00). Additionally, Staff is proposing the following payment schedule for contributions to the Village’s Tree Trust Fund in the event the loss of a tree cannot be mitigated through relocation or replacement: Size of Tree Contribution (per tree removed) Native tree with 12” or less DBH or native palm with 12’ or less of clear trunk $300.00 Native tree with more than 12” up to 18” DBH or native palm with more than 12’ clear trunk $450.00 Native tree with more than 18” DBH $600.00 Swale tree $200.00 Staff recognizes that the contribution amounts are significantly lower than the amount proposed in the original version of the Tree Preservation Ordinance ($300.00 per caliper inch). They are also substantially less than the amounts imposed by other municipalities. By way of example, the City of Boynton Beach requires a contribution of $250.00 per caliper inch. The City of Coooper City requires a contribution of $65.00 to $135.00 per caliper inch depending on the type of tree and size, and the City of North Bay Village requires a contribution of $500.00 for trees less than 18” DBH, a contribution of $2,000 for trees 18” DBH to 36” DBH, and a contribution of $3,000 for trees with greater than 36” DBH. The primary goal of the Tree Preservation Ordinance is preservation and not punishment. Because the Ordinance applies to all properties within the Village, Staff attempted to strike a balance of kee ping the contributions reasonable while not encouraging payment in lieu of preservation. However, if the intended goal is not being achieved, the Council may amend the contribution schedule at any time. The attached Resolution has been prepared by this office and reviewed for legal sufficiency. There is no immediate fiscal impact. Recommendation: Village Administration requests Council consideration of the attached Resolution establishing the application fee and Tree Trust Fund Contributions for the implementation of the Tree Preservation Ordinance in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2025-___ 1 2 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, ESTABLISHING THE APPLICATION 4 FEE AND TREE TRUST FUND CONTRIBUTIONS FOR THE 5 IMPLEMENTATION OF THE TREE PRESERVATION ORDINANCE; AND 6 PROVIDING FOR AN EFFECTIVE DATE. 7 8 WHEREAS, through the adoption of Ordinance No. 2025-12, the Village Council adopted a new 9 Article IX of Chapter 45 of the Village Code of Ordinances providing for the preservation of native 10 and swale trees and mitigation for the loss of such trees through relocation, replacement, and/or 11 contributions to the Tree Trust Fund; and 12 13 WHEREAS, Section 45-105 of the Village Code requires the Village to establish a fee schedule for all 14 matters related to tree removal, relocation, replacement, monetary contributions, and administrative 15 reviews, and the Village Council wishes to establish such amounts; and 16 17 WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interest 18 of the Village and its residents. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE 21 OF NORTH PALM BEACH, FLORIDA as follows: 22 23 Section 1. The foregoing recitals are hereby ratified and incorporated herein. 24 25 Section 2. The Village Council hereby establishes a tree removal permit fee of $25.00 per tree. 26 The Village Council further establishes the following payment schedule for contributions to the 27 Tree Trust Fund in the event the loss of a tree cannot be mitigated through relocation or 28 replacement: 29 30 Size of Tree Contribution (per tree removed) Native tree with 12” or less DBH or native palm with 12’ or less of clear trunk $300.00 Native tree with more than 12” up to 18” DBH or native palm with more than 12’ clear trunk $450.00 Native tree with more than 18” DBH $600.00 Swale tree $200.00 31 Section 3. This Resolution shall take effect immediately upon adoption. 32 33 PASSED AND ADOPTED THIS ____DAY OF ____________, 2025. 34 35 36 (Village Seal) 37 MAYOR 38 39 Page 2 of 2 ATTEST: 1 2 3 VILLAGE CLERK 4 5 VILLAGE OF NORTH PALM BEACH FIRE RESCUE DEPARTMENT TO: Honorable Mayor and Council THRU: Charles Huff, Village Manager FROM: Scott Freseman, Fire Chief DATE: August 14, 2025 SUBJECT: RESOLUTION – Approval of SCBA Equipment Purchase and Surplus Sale Village Staff is requesting Council consideration and adoption of a Resolution authorizing the purchase of thirty (30) MSA G1 Self-Contained Breathing Apparatuses (SCBAs), including accessories and extended warranties, from Ten-8 Fire Equipment, and the sale of twenty-six (26) MSA Firehawk SCBAs and related accessories to Dalmatian Fire Equipment. Background: The Village’s current SCBA units are over 10 years old and are scheduled for replacement at ten (10) years. NFPA 1970, 1981, 1982 regulate our SCBAs, and these standards have undergone three safety revisions since the original purchase. The replacement of SCBA units was budgeted for Fiscal Year 2025. Purchasing: The new MSA G1 SCBAs will be purchased from Ten-8 Fire Equipment using pricing from the National Purchasing Partners Contract No. PS20125, recognized as a valid cooperative purchasing agreement. The total cost of $662,816.99 includes a 20% contingency due to the upcoming 2025 NFPA standard change and MSA price increases scheduled for January 2026. As Ten-8 is the sole authorized source for MSA SCBAs and accessories, this purchase qualifies as a sole source procurement. Funding: Funds for this purchase are available in the Special Projects Fund. Account Information: Fund Department Account Number Account Description Amount (including contingency) Special Projects Fund Special Projects Fund Expense Q5541- 66490 Machinery & Equipment $662,816.99 The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving the purchase of thirty (30) MSA G1 Self-Contained Breathing Apparatuses, including accessories and extended warranties, from Ten-8 Fire Equipment, Inc. utilizing pricing established in an existing National Purchasing Partners Cooperative Purchasing Agreement at a total cost (including contingency) of $662,816.99, with funds expended from Account No. Q5541-66490 (Special Projects Fund Expense – Machinery & Equipment); authorizing the Village Manager to take all actions necessary to effectuate the purchase; and authorizing the sale of twenty-six (26) Firehawk SCBAs and accessories to Dalmatian Fire Equipment, LLC in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2025- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE SOLE SOURCE PURCHASE OF THIRTY (30) MSA G1 SELF-CONTAINED BREATHING APPARATUSES FOR USE BY THE VILLAGE FIRE RESCUE DEPARTMENT FROM TEN-8 FIRE EQUIPMENT, INC. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING NATIONAL PURCHASING PARTNERS COOPERATIVE PURCHASING AGREEMENT; AUTHORIZING THE SURPLUS OF TWENTY-SIX (26) MSA FIREHAWK SELF-CONTAINED BREATHING APPARATUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Fire Rescue Department is requesting the purchase of Self-Contained Breathing Apparatuses (SCBAs) utilizing budgeted and available funds; and WHEREAS, Village Staff is recommending the sole source purchase of thirty (30) MSA G1 SCBAs from Ten-8 Fire Equipment, Inc., including accessories and extended warranties, utilizing pricing established in an existing National Purchasing Partners Cooperative Purchasing Agreement (Contract No. PS20125) and the surplus (or sale) of twenty-six (26) MSA Firehawk SCBA’s and related accessories; and WHEREAS, Village’s purchasing policies and procedures require Village Council approval for purchases exceeding $100,000.00; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the purchase of thirty (30) MSA G1 Self- Contained Breathing Apparatuses from Ten-8 Fire Equipment, Inc. utilizing pricing established in an existing National Purchasing Partners Cooperative Purchasing Agreement (Contract No. PS20125) at a total cost (including contingency related to changes to NFPA standards and prince increases scheduled for January 2026) of $662,816.99, with funds expended from Account No. Q5541-66490 (Special Projects Fund Expense – Machinery and Equipment). The Village Council further authorizes the Village Manager to take all steps necessary to effectuate the purchase. Section 3. The Village Council further authorizes the surplus of twenty-six (26) MSA Firehawk SCBA’s and related accessories and their sale to Dalmatian Fire Equipment, LLC. Section 4. This Resolution shall take effect immediately upon its adoption. Page 2 of 2 PASSED AND ADOPTED THIS ____DAY OF ____________, 2025. (Village Seal) MAYOR ATTEST: VILLAGE CLERK League of Oregon Cities IGA V1.0 Intergovernmental Cooperative Purchasing Agreement This Intergovernmental Agreement (Agreement) is by and between the “Lead Contracting Agency” and participating government entities (“Participating Agencies”), that are members of National Purchasing Partners (“NPPGov”), including members of Public Safety GPO, First Responder GPO, Law Enforcement GPO, Education GPO and EMS GPO that agree to the terms and conditions of this Agreement. The Lead Contracting Agency and all Participating Agencies shall be considered as “parties” to this agreement. WHEREAS, upon completion of a formal competitive solicitation and selection process, the Lead Contracting Agency has entered into Master Price Agreements with one or more Vendors to provide goods and services, often based on national sales volume projections; WHEREAS, NPPGov provides group purchasing, marketing and administrative support for governmental entities. NPPGov’s marketing and administrative services are free to its membership, which includes participating public entities and nonprofit institutions throughout North America. WHEREAS, NPPGov has instituted a cooperative purchasing program under which member Participating Agencies may reciprocally utilize competitively solicited Master Price Agreements awarded by the Lead Contracting Agency; WHEREAS, the Master Price Agreements provide that all qualified government members of NPPGov may purchase goods and services on the same terms, conditions and pricing as the Lead Contracting Agency, subject to applicable local and state laws of the Participating Agencies; WHEREAS, the parties agree to comply with the requirements of the Intergovernmental Cooperation Act as may be applicable to the local and state laws of the Participating Agencies; WHEREAS, the parties desire to conserve and leverage resources, and to improve the efficiency and economy of the procurement process while reducing solicitation and procurement costs; WHEREAS, the parties are authorized and eligible to contract with governmental bodies and Vendors to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, the parties desire to contract with Vendors under the terms of the Master Price Agreements; DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A League of Oregon Cities IGA V1.0 NOW, THEREFORE, the parties agree as follows: ARTICLE 1: LEGAL AUTHORITY Each party represents and warrants that it is eligible to participate in this Agreement because it is a local government created and operated to provide one or more governmental functions and possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS The procurement of goods and services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules, and regulations that govern each party’s procurement policies. Competitive Solicitations are intended to meet the public contracting requirements of the Lead Contracting Agency and may not be appropriate under, or satisfy Participating Agencies’ procurement laws. It is the responsibility of each party to ensure it has met all applicable solicitation and procurement requirements. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements. ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT a. A “procuring party” is defined as the Lead Contracting Agency or any Participating Agency that desires to purchase from the Master Price Agreements awarded by the Lead Contracting Agency. b. Each procuring party shall be solely responsible for their own purchase of goods and services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation of law or contract by a procuring party, and the procuring party shall hold non-procuring parties and all unrelated procuring parties harmless from any liability that may arise from action or inaction of the procuring party. c. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar goods and services outside the scope of the Master Price Agreement. d. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party. e. The cooperative use of bids, proposals or price agreements obtained by a party to this Agreement shall be in accordance with the terms and conditions of the bid, proposal or price agreement, except as modified where otherwise allowed or required by applicable law, and does not relieve the party of its other solicitation requirements under state law or local policies. DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A League of Oregon Cities IGA V1.0 ARTICLE 4: PAYMENT OBLIGATIONS The procuring party will make timely payments to Vendors for goods and services received in accordance with the terms and conditions of the procurement. Payment for goods and services, inspections and acceptance of goods and services ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Vendor shall be resolved in accordance with the law and venue rules of the state of the procuring party. ARTICLE 5: COMMENCEMENT DATE This Agreement shall take effect after execution of the “Lead Contracting Agency Endorsement and Authorization” or “Participating Agency Endorsement and Authorization,” as applicable. ARTICLE 6: TERMINATION OF AGREEMENT This Agreement shall remain in effect until terminated by a party giving 30 days written notice to “Lead Contracting Agency” ARTICLE 7: ENTIRE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 8: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by all parties, except that any alterations, additions, or deletions of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO OR MORE ORIGINALS BY EXECUTION AND ATTACHMENT OF “THE LEAD CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION” OR “PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION,” AS APPLICABLE. ONCE EXECUTED, IT IS THE RESPONSIBILITY OF EACH PARTY TO FILE THIS AGREEMENT WITH THE PROPER AGENCY IF REQUIRED BY LOCAL OR STATE LAW. DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A League of Oregon Cities IGA V1.0 LEAGUE OF OREGON CITIES ENDORSEMENT AND AUTHORIZATION The undersigned acknowledges, on behalf of the League of Oregon Cities (“Lead Contracting Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the League of Oregon Cities to Participating Agencies locally, regionally, and nationally through NPPGov. Copies of Master Price Agreements and any amendments thereto made available by the League of Oregon Cities will be provided to Participating Agencies and NPPGov to facilitate use by Participating Agencies. The undersigned understands that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agencies. The undersigned affirms that he/she is an agent of the League of Oregon Cities and is duly authorized to sign this League of Oregon Cities Endorsement and Authorization. ________________________________________ Date:______________ BY: ITS: League of Oregon Cities Contact Information: Contact Person: Mike Culley Address: 1201 Court St NE #200, Salem, OR 97301 Telephone No.: 503-588-6550 Email: mculley@orcities.org DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A 3/26/2020 League of Oregon Cities IGA V1.0 PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION The undersigned acknowledges, on behalf of ______________ (“Participating Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the Lead Contracting Agency to Participating Agencies locally, regionally, and nationally through NPPGov. The undersigned further acknowledges that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agency and that neither the Lead Contracting Agency nor NPPGov shall be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any other Participating Agency. Upon award of contract, the Vendor shall deal directly with the Participating Agency concerning the placement of orders, disputes, invoicing and payment. The undersigned affirms that he/she is an agent of __________________ and is duly authorized to sign this Participating Agency Endorsement and Authorization. ______________________________ Date:______________ BY: _________________________ ITS: _________________________ Participating Agency Contact Information: Contact Person: ________________________ Address: ______________________________ ______________________________________ ______________________________________ Telephone No.:__________________________ Email:_________________________________ DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A Because every life has a purpose... MSA warrants that this product and its accessories are free from mechanical defects or faulty workmanship as prescribed in the chart below, provided that they have been installed, used and maintained in accordance with instructions and/or recommendations contained in the instructions delivered with equipment. MSA shall be released from all obligations under this warranty in the event that repairs or modiffffications are made by persons other than its own or authorized service personnel. no agent, employee or representative of MSA has any authority to bind MSA to any airmation, representation or warranty concerning the goods sold, and unless an airmation, representation or warranty made by an agent, employee or representative is speciffffically included within the written agreement for the goods sold, it shall not be enforceable by the Original end-user. MSA makes no warranty concerning components or accessories not manufactured by MSA, but will pass on to the Original end-user all available warranties of manufacturers of such components. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND IS STRICTLY LIMITED TO THE TERMS HEREOF. MSA SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.Products covered by this Express Warranty include integrated TICs sold as upgrade kits as well as units installed on the SCBA at the factory. All warranty periods referenced below are from the date of sale to the Original end-user unless otherwise noted. COMPOnEnT WARRAnTY MAInTEnAnCE G1 SCBA Thermal Imaging Camera (which consists of the camera core and germanium lens) sold as part of a G1 SCBA or as part of the integrated TIC upgrade kits (part numbers 10175010-SP and 10175021-SP) 5 Years MSA requires that integrated TIC and accessories be installed, used and/or maintained as speciffffied in the product instructions. All integrated TICs and accessories sent in for warranty repair will be inspected for signs of excessive rough handling and operation signifffficantly beyond speciffffications in the instructions. Warranty coverage is for material defects and/or faulty workmanship only. Repair and labor required for normal wear and tear are not covered under the warranty and are the responsibility of the original end-user. G1 SCBA Control Module (other than camera core and germanium lens) 15 years G1 SCBA 15 years (Please see the G1 SCBA warranty, ID # 0105-176-MC, for more information) 1. Express Warranty 2. Extended Ser vice MSA ofers an Extended Service contract for integrated TICs at the customer’s request. Details are listed on the reverse of this page. Contact MSA Customer Service (1-800-MSA-2222) for additional information and arrangements. 3. Exclusive Remedy It is expressly agreed that the Original end-user’s sole and exclusive remedy for breach of the above warranty, for any tortious conduct of MSA or for any other cause of action, shall be repair and/or replacement, at MSA’s option, of any equipment or parts thereof, that after examination by MSA are proven to be defective. Replacement equipment and/or parts will be provided at no cost to the Original end-user, F.O.B. Original end-user’s named place of destination. Failure of MSA to successfully repair any nonconforming product shall not cause the remedy established hereby to fail of its essential purpose. 4. Exclusion of Consequential Damages Original end-user speciffffically understands and agrees that under no circumstances will MSA be liable to Original end-user for economic, special, incidental, or consequential damages or losses of any kind whatsoever, including but not limited to, loss of anticipated proffffits and any other loss caused by reason of non-operation of goods. This exclusion is applicable to claims for breach of warranty, tortious conduct or any other cause of action against MSA. G1 SCBA Integrated Thermal Imaging Camera Warranty note: This bulletin contains only a general description of the products shown. While uses and performance capabilities are described, under no circumstances shall the products be used by untrained or unqualified individuals and not until the product instructions including any warnings or cautions provided have been thoroughly read and understood. Only they contain the complete and detailed information concerning proper use and care of these products. ZEW-INTTIC-1, Rev 0 ID 0119-32-MC / Apr 2017 © MSA 2017 Printed in U.S.A. Our Mission MSA’s mission is to see to it that men and women may work in safety and that they, their families and their communities may live in health throughout the world. MSA: Because every life has a purpose. MSA – The Safety Company 1000 Cranberry Woods Drive Cranberry Township, PA 16066 USA Phone 724-776-8600 www.MSAsafety.com U.S. Customer Service Center Phone 1-800-MSA-2222 Fax 1-800-967-0398 MSA Canada Phone 1-800-672-2222 Fax 1-800-967-0398 MSA Mexico Phone 01 800 672 7222 MSAsafety.com Extended warranties must be processed for EACH integrated thermal imaging camera. Apply for your MSA integrated TIC Extended Warranty coverage online at www.MSAsafety.com/register or call 1-800-MSA-2222 for assistance. 1. Extended warranty requests MUST be exercised within the ffffirst 6 months from date of manufacture. Please contact MSA Customer Service at 1-800-MSA- 2222 for assistance in determining the date of manufacture. 2. Extended warranty coverage is available for up to 120 months after the Standard Warranty has expired. 3. Extended Warranty rates are 10 years = $1,000.00 4. Extended Warranty and Standard Warranty both begin from date of purchase by the end-user. 5. This Extended Warranty program applies only to MSA integrated thermal imaging cameras. Consumable batteries, battery chargers and accessories are not covered. Product Registration for MSA integrated TICs Extended Warranties for MSA integrated TICs Thank you for purchasing an MSA integrated thermal imaging camera for the G1 SCBA. Registering your products with MSA will improve processing of any warranty claims and enable you to receive information regarding product updates and new products. Please register your integrated TIC online or purchase an extended warranty at www.MSAsafety.com/register. Produc t Registration and Ex tended Warranties for MSA Integrated TICs LEAGUE OF OREGON CITIES Fire Fighting Equipment Solicitation Synopsis Solicitation No. 1910 Intent The League of Oregon Cities (LOC) served as Lead Agency to solicit proposals for Fire Fighting Equipment. LOC works in cooperation with National Purchasing Partners “NPP” and its Government Division dba NPPGov, dba Public Safety GPO and dba Law Enforcement GPO (collectively hereinafter “NPPGov”), to service the LOC and NPPGov membership. The published Request for Proposal (RFP) contained provisions that permitted all members of LOC and NPPGov throughout the nation to “piggy-back” off the resulting Master Price Agreement. Determination for issuing RFP vs. Sealed Bid LOC has determined that it is advantageous for LOC to procure Fire Fighting Equipment using a secure competitive RFP process evaluated based on “best value” rather than sealed bidding. Sealed bidding limits evaluation of offers solely to compliance with the requirements, provides no opportunity to compare the product and service offerings among the vendors, and uses price as the predominate deciding factor. Such limitations prevent LOC from awarding the most advantageous contract(s) for LOC and its members. Procedure LOC issued an RFP (1910) on November 12th, 2019. The RFP was published in the Daily Journal of Commerce on November 11, 2019. The RFP was published in USA Today on November 12, 2019. The RFP closed on January 24th, 2020. The RFP was awarded on March 5th, 2020. The RFP was posted to the following web sites: www.nppgov.com, www.orcities.org and www.findrfp.com The text of the published notice of solicitation is as follows: LOC received a proposal (s) from the following vendor (s): 1. Avidbots Corp 2. Cascade Fire 3. Curtis 4. Draeger 5. Geargrid 6. Heracles 7. Holmatro 8. MES 9. NAFECO 10. NM Fire 11. Ten-8 A copy of the log for proposals received is attached hereto. Proposals were evaluated by LOC based on the criteria contained in the RFP and selected the following successful proposer(s): 1. Avidbots Corp 2. Cascade Fire 3. Curtis 4. Draeger 5. Geargrid 6. Heracles 7. Holmatro 8. MES 9. NAFECO 10. Ten-8 Evaluation The evaluation was based on the following criteria as described in the RFP (weighted): Component Evaluated Weight Pricing: Product price and discounts proposed included favorable pricing for cooperative purchasing. Shipping conditions. PPW Section 7.0 and Pricing structure. 25 Product Line (Score only categories proposed): Breadth, variety, quality of product line and innovation of products. Warranty availability. PPW Section 9.0. 15 Marketing: Marketing plan to promote the resulting contractual agreement and ability to incorporate use of agreement in their sales system throughout indicated coverage region. Willingness to allow training of salesforce. PPW Section 4.0. 15 Customer Service: Support dedicated to Participating Agencies. Ability to meet promised delivery timelines. Additional services offered. Conduct e-commerce. PPW Sub-Sections 2.3 & 2.4 and Section 6.0. 15 Proven Experience: Success in providing products and services in a timely manner. Years in business, references and reputation. Experience with cooperative purchasing. PPW Sub-Section 1.2. 15 Coverage: Ability to provide products and services for indicated coverage region including distribution, retail & service facilities, coordination of manufacturer and distribution, and staff availability. Clearly states distribution model and provides dealer list if applicable. PPW Section 3.0 and Exhibit 1. 10 Conformance: Completeness of proposal and the degree to which the Proposer responded to the terms and all requirements and specifications of the RFP. Followed the response format and content, was clear and easily understood. Provided Term’s and Condition’s, if applicable. PPW Section 8.0 and 4.5 of RFP. 5 TOTAL 100 Pricing Structure Avidbots Corp: Proposer provided a fixed pricing structure. See Price List Attachment in the resulting Master Price Agreement. Cascade Fire: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. Curtis: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. Draeger: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. Geargrid: Proposer provided a fixed pricing structure. See Price List Attachment in the resulting Master Price Agreement. Heracles: Proposer provided a fixed pricing structure. See Price List Attachment in the resulting Master Price Agreement. Holmatro: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. MES: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. NAFECO: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. Ten-8: Proposer provided a discount off list price. See Price List Attachment in the resulting Master Price Agreement. Additional Information National Purchasing Partners Bruce Busch, Senior VP 1100 Olive Way bruce.busch@mynpp.com Suite #1020 (206) 515-5439 Seattle, WA 98101 www.nppgovernment.com MSA –The Safety Company Limited Warranty and Terms of Sale Express Warranty — MSA - The Safety Company (MSA) warrants MSA G1 SCBA (SCBA) to be free from defects in materials and/or faulty workmanship for a period of fifteen (15) years from the date of sale by MSA. This warranty applies to all components* of the SCBA including all accessories and optional equipment purchased and supplied at the time of the original sale. MSA’s obligation under this warranty is limited to the repair or replacement, at MSA’s option, of the SCBA or components shown to be defective in either workmanship or materials. No agent, employee or representative of MSA may bind MSA to any affirmation, representation or modification of the warranty concerning the goods sold under this contract. MSA shall be released from all obligations under this warranty in the event that repairs or modifications are made by persons other than its own or authorized service personnel, or if the warranty claim results from accident, alteration, misuse, or abuse. * This warranty expressly excludes the G1 SCBA Integrated Thermal Imaging Camera. For warranty information regarding the G1 SCBA Integrated Thermal Imaging Camera please see the G1 SCBA Integrated Thermal Imaging Camera Warranty. T H I S W A R R A N T Y I S I N L I E U O F A L L O T H E R W A R R A N T E E S, E X P R E S S E D , I M P L I E D , O R S T A T U T O R Y I N C L U D I N G , B U T N O T L I M I T E D T O , A N Y I M P L I E D W A R R A N T Y O F M E RC H A N T A B I L IT Y O R F I T N E S S F O R A P A R T I C U L A R PUR P O S E. I N A D D IT I O N, M S A E X P R E S S L Y D I S C L A I M S A N Y L I A B I L I T Y F O R E C O N O M I C, S P E C I A L, I N C I D E N T A L , O R CONSEQUENTIAL DAMAGES IN ANY WAY CONNECTED WITH THE SALE OR USE OF MSA PRODUCTS, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS. 4111 Rev 1 10162874 ID 0105-176-MC/Aug 2017 © MSA 2017 Printed in U.S.A. MSA G1 SCBA MSA –The Safety Company 1000 Cranberry Woods Drive Cranberry Township, PA 16066 Phone 724-776-8600 www.MSAFire.com Fire Service Customer Service Center Phone 1-877-MSA-FIRE Fax 1-800-967-0398 MSA Canada Phone 1-800-672-2222 Fax 1-800-967-0398 MSA Mexico Phone 01 800 672 7222 Fax 52-44 2227 3943 MSA International Phone 724-776-8626 Toll-Free 1-800-672-7777 Fax 724-741-1553 NOTICE OF SOLICITATION LEAGUE OF OREGON CITIES RFP NUMBER 1910 SOLICITATION FOR: FIRE FIGHTING EQUIPMENT Notice is hereby given that the LEAGUE OF OREGON CITIES will accept sealed proposals for FIRE FIGHTING EQUIPMENT at the address listed below, until 5:00 PM PST on JANUARY 24, 2020. Those proposals will be for the LEAGUE OF OREGON CITIES and members of National Purchasing Partners Government Division (“NPPGov”) across the nation, including but not limited to governmental units incorporated by “ATTACHMENT H” of the Request for Proposal (RFP), WIPHE members identified in “ATTACHMENT G” of the RFP, as well as government units in all other states (collectively, “Participating Agencies”). Significant sales potential exists because the resulting Master Price Agreement for national proposers will include piggy backing language that permits use of the Master Price Agreement nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources and funds. All Proposals must be signed, sealed and addressed to: Mailing Address: LOC PUBLIC “FIRE FIGHTING EQUIPMENT RFP” #1910 LEAGUE OF OREGON CITIES c/o Procurement Coordinator 1201 Court St. NE Suite 200 Salem, OR 97301 All Proposals must clearly state RFP #1910 and Proposing company’s full name on the OUTERMOST packaging. NOTE: THE LEAGUE OF OREGON CITIES WILL NOT ACCEPT PROPOSAL ENVELOPES WITH INSUFFICIENT POSTAGE. INQUIRIES: LOC “FIRE FIGHTING EQUIPMENT RFP” #1910 LEAGUE OF OREGON CITIES c/o Procurement Coordinator 1201 Court St. NE Suite 200 Salem, OR 97301 rfp@orcities.org The solicitation documents may be reviewed at the office address listed above. NOTE: NOTICES OF SOLICITATION WILL BE PUBLISHED IN THE OREGON DAILY JOURNAL OF COMMERCE AND THE USA TODAY. IMPORTANT PLEASE READ BEFORE SUBMITTING YOUR PROPOSAL SOLICITATIONS FOR: FIRE FIGHTING EQUIPMENT 1.0 INTENT: 1.1 GENERAL INTENT The LEAGUE OF OREGON CITIES (“LOC”) serves as the “Lead Contracting Agency” for this solicitation on behalf of its members, and as authorized by the LOC Intergovernmental Agreement, which is an agreement for intergovernmental cooperation among select local Oregon governments and recognized under ORS Chapter 190. LOC, in association with the members of National Purchasing Partners, LLC dba NPPGov (hereinafter referred to as “NPPGov”), comprises a cooperative procurement group. NPPGov membership includes government entities, non-profit organizations across the nation, members of Public Safety GPO, First Responders GPO, and Law Enforcement GPO, Hawaii, and Oregon local government units (ATTACHMENT H), and WIPHE members (ATTACHMENT G), as well as all other government units in all other states, as authorized under the terms of the Intergovernmental Cooperative Purchasing Agreement executed by all Lead Contracting and Participating Agencies (the foregoing list of entities hereinafter referred to as “Participating Agencies”). This procurement group is soliciting proposals from qualified companies (hereinafter referred to as “Proposer”) to enter into a Master Price Agreement for FIRE FIGHTING EQUIPMENT. The intent of this Interstate Cooperative Procurement Solicitation (hereinafter referred to as “Solicitation” or “RFP”) is to invite Proposers to submit a competitive pricing proposal offering FIRE FIGHTING EQUIPMENT to LOC, which will then be made available to NPPGov members locally and nationwide; to reduce expenses by eliminating multiple requests for proposals and multiple responses by Vendors; and to obtain discounted pricing through volume purchasing. Significant sales potential exists because the Master Price Agreement will be used nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources. Preferably, the successful Proposer will provide its entire catalog of products and/or services in order that Participating Agencies who wish to access the Master Price Agreement may order a broad range of goods and services as needed. With the exception of successful local Proposer(s) capable of servicing LOC and Participating Agencies within the state of Oregon, successful Proposer(s) should have a strong national presence for FIRE FIGHTING EQUIPMENT for use by government agencies nationwide. This Solicitation meets Oregon public contracting requirements (ORS 279A et. seq.) and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements. 1.2 POTENTIAL MARKET The LOC is publishing this RFP to create publicly awarded contracts for use by its members, which may also benefit the thousands of fellow members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO. These are nationwide programs representing member government agencies in all 50 states. We encourage each Proposer’s response to be a collaborative effort including manufacturer and distributor (when they are not the same company) to ensure nationwide contract utilization. Proposer’s response should also take into consideration the considerable market potential for this Solicitation. Because the successful proposal will be incorporated into a nationwide cooperative procurement program including tens of thousands of state, local government and non-profit participants from all 50 states, the LOC believes that contracts created from this Solicitation will provide vendors with a significant market advantage. Members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO and current vendors who participate in the program indicate the ability to shorten the sale cycle by eliminating the need to complete individual RFP processes is a significant advantage to participation. The LOC believes that participation in the NPPGov purchasing program benefits both its Participating Agencies and successful Proposers. NPPGov engages with successful proposers who complete the Vendor Administration Agreement through a marketing and sales partnership. This partnership includes (but is not limited to) contract promotion to members, contract administration support to potential customers and live customer phone support. 1.3 REQUIREMENTS 1.3.1 The RFP and resulting Master Price Agreement are anticipated for use by the LOC’s government members, as well as other Participating Agencies across the nation. The LOC has entered into an Intergovernmental (interlocal) Cooperative Purchasing Agreement with other Participating Agencies for the purpose of obtaining Master Price Agreements with various vendors. Interlocal cooperative purchasing agreements allow Participating Agencies to make purchases at the LOC’s accepted proposal price, terms and conditions, provided that the Participating Agency has satisfied all of its local and state cooperative procurement requirements. By submitting a proposal, the Proposer(s) agrees to make the same proposal terms and price, exclusive of any possible rebates, incentives, freight and transportation fees, available to other Participating Agencies. The LOC and NPPGov will not incur any direct liability with respect to specifications, delivery, payment, or any other aspect of purchases by such Participating Agencies or nonprofit institutions. The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein and is available upon request — See Attachment A. The successful Proposer must work directly with the Participating Agencies concerning the placement of orders, disputes, invoicing and payment. The LOC and NPPGov shall not be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any Participating Agency. Successful Proposers must comply with the state and local laws, rules and regulations in each state and locality where the product or service is provided. 1.3.2 Each Participating Agency shall execute a Participating Agency Endorsement and Authorization included in the Intergovernmental Cooperative Purchasing Agreement. While the terms of the Master Price Agreement shall govern the general pricing terms, each Participating Agency may request modification of the Master Price Agreement in accordance with each Participating Agency’s state and/or local purchasing laws, rules, regulations and procedures, provided said modifications are not material changes. Each Participating Agency may, at its discretion, and upon written agreement by the Participating Agency and Successful Proposer, request additional legal and procedural provisions not included herein that the successful Proposer must adhere to if it wishes to conduct business with said Participating Agency using the Master Price Agreement. 1.3.3 NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO provide vendor exposure/marketing and contract utilization support for the successful Proposer’s products and services. Successful Proposers servicing the awarded contract to Participating Agencies shall pay a Contract Administration Fee representing 2% percent of actual net sales under the Master Price Agreement as established in the NPPGov Vendor Administration Agreement (available upon request). Administration fee may not be listed or charged as a separate line item to users of the contract. The value of trade-ins or rebates shall not affect the amount of the administration fee paid to NPPGov. 1.4 MULTIPLE AWARDS Multiple awards may be granted to meet the requirements of this Solicitation provided that such awards are differentiated by product make and model, service, and/or distribution regions and capabilities of the successful Proposers. Specifically, the LOC may award separate contracts to Proposers in order to cover all local and national geographical markets, electronic purchasing capabilities, and products and services identified in this Request for Proposal, as well as the diverse and large number of Participating Agencies. The award of multiple contracts is to be determined upon receipt and review of all proposals, and based upon the general criteria provided herein. The LOC may solicit proposals from local qualified companies with or without a national presence provided that the successful Proposer is able to provide the LOC with the products and services requested. Multiple awards will ensure fulfillment of current and future requirements of the diverse and large number of Participating Agencies. In the event a local Proposer with no national distribution capabilities best meets the proposal selection criteria, multiple local and nationwide responsive proposals may be awarded simultaneously in the best interests of local commerce, compliance with local laws, and the Participating Agencies nationwide. Proposers should be able to serve the needs of Participating Agencies on a national basis. However, this requirement shall not exclude local Proposers without a national presence that are capable of meeting the requirements of the LOC within the state of Oregon. 1.5 CONTRACT USAGE The actual utilization of any Master Price Agreement will be at the sole discretion of LOC and the other Participating Agencies. It is the intent of this Request for Proposal and resulting Master Price Agreement that Participating Agencies may buy directly from Successful Proposers without the need for further solicitation. However, Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements as well as the need of further notice prior to utilizing the Master Price Agreement 1.6 BACKGROUND OF NPPGov NPPGov, owned by two non-profit healthcare organizations, provides group purchasing opportunities and purchasing administrative support for governmental entities and nonprofit institutions within its membership. NPPGov’s membership includes participating public and nonprofit entities across North America. 1.7 EQUAL OPPORTUNITY The LOC encourages Minority and Women-owned Small Business Proposers to submit proposals. 1.8 QUALIFIED REHABILITATION FACILITIES Oregon Public Agencies are prohibited from use of products and services offered under this contract that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List pursuant to ORS 279.835 ORS 279.855. Please see www.OregonRehabilitation.org/qrf for more information. 2.0 SCOPE OF WORK: 2.1 REQUIREMENTS OF PROPOSERS SUBMITTING A RESPONSE: Proposers must present clear and concise evidence indicating Proposer’s ability to comply with the requirements stated herein and to provide and deliver the specified products and services to Participating Agencies. 2.1.1 PROPOSER COMMITMENTS Each Proposer is required to commit to low pricing, and accurate and timely reporting to NPPGov pursuant to the reporting requirements identified in the NPPGov Vendor Administration Agreement (available upon request). In addition, successful Proposer(s) with a national presence must commit to marketing of the Master Price Agreement nationwide and that the sales force will be trained, engaged and committed to offering NPPGov pricing to member government agencies nationwide, including the opportunity for NPPGov to train the Vendor sales staff. 2.1.2 PROPOSERS MUST COMPLETE “ATTACHMENT B” – PROPOSER PROFILE WORKBOOK”. 2.2 PRODUCTS AND SERVICES: 2.2.1 Provide a description of the FIRE FIGHTING EQUIPMENT offered as set forth in ATTACHMENT C. The primary objective is for the Proposer(s) to provide the Proposer(s)’s entire catalog of products and services (“catalog discount”) that are responsive to this RFP so that Participating Agencies may order a broad range of products and services as appropriate for their needs. Anticipated future models and related products/services that may be offered during the term of the resulting Master Price Agreement should also be in included in Vendor’s Proposal. 2.2.2 All products offered must be new, unused and the most current product lines, unless otherwise clearly identified as remanufactured goods. 2.2.3 Describe any special programs that Proposer offers that shall improve the ability of the Participating Agencies to access the products, such as retail store availability, expedited delivery intervals, item sourcing, or other unique plans and services. 2.2.4 Additional Benefits: Proposer shall identify any other added value it offers to the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies (e.g. convenience cards, individual/member discounts, additional admin fee, etc.) 2.3 PRICING: 2.3.1 Pricing for the products and services may be based on “ATTACHMENT D” - PRICING SCHEDULE as follows: A A fixed percentage (%) off marked price based on the Proposer’s catalog or retail store price for each CATEGORY specified in ATTACHMENT D – PRICING SCHEDULE. Proposer shall identify the catalog used. Option (A) is preferred. If option (A) is not feasible proposer may use option (B) provided Proposer includes a justification. B Alternatively, contract pricing may be based upon fixed prices (contingencies for economic price adjustments must be identified in the proposal), or a combination fixed percentage off and firm fixed prices. Proposer may offer additional discounts to LOC and Participating Agencies based on volume. If proposers are responding with option “B”, proposers may request price increases based on manufacturer costs, cost of labor and/or materials that must be supported by appropriate documentation. If LOC agrees to the price modification, LOC may approve in writing, including electronic mail, without the need for a written amendment to the Master Price Agreement. 2.3.2 Proposers may also add additional products and services provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Proposer may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Proposer may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause. 2.3.3 Explain any additional pricing incentives that may be available such as large volume purchases, cash terms, or rebates to Participating Agencies. However, steeper discounts are preferred to rebates. 2.3.4 All pricing proposals shall clearly explain how freight and/or delivery costs are determined as described in ATTACHMENT D PRICING SCHEDULE herein. 2.4 TAX: Proposers shall strictly adhere to all federal, state and local tax requirements applicable to their operation, and to any contract or activity resulting from this Solicitation. 3.0 SPECIAL TERMS & CONDITIONS: 3.1 MASTER PRICE AGREEMENT TERM: As a result of this Solicitation the successful Proposer(s) shall be awarded a Master Price Agreement for a three (3) year period. The Master Price Agreement may be extended up to a maximum of three (3) additional one (1) year periods. 3.2 MASTER PRICE AGREEMENT ACCESS PROVISIONS Utilization of the Master Price Agreement will be at the discretion of the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies. The LOC shall be under no obligation to purchase off of the Master Price Agreement. Assuming all local competitive solicitation requirements have been met, Participating Agencies may purchase directly from the successful Proposer(s) without the need for further solicitation. 3.3 INDEMNIFICATIONS AND INSURANCE: Indemnification and insurance requirements will vary based on the nature of the RFP. Proposer is responsible for submitting appropriate indemnification and insurance coverage as applicable. 3.3.1 Indemnification The successful Proposer shall indemnify the LOC and NPPGov as specified in the Master Price Agreement. 3.3.2 Insurance Requirements. Proposer(s), at Proposer(s)’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a reputable company or companies duly licensed by the State of Oregon. In lieu of State of Oregon licensing, the stipulated insurance may be purchased from a company or companies that are authorized to do business in the State of Oregon, provided that said insurance companies meet the approval of the LOC. Proposer(s)’s insurance shall be primary insurance with respect to the LOC, and any insurance or self-insurance maintained by the LOC shall not contribute to it. Award of this Solicitation is contingent upon the required insurance policies and/or endorsements identified herein. The LOC shall not be obligated to review such policies and/or endorsements or to advise Proposer(s) of any deficiencies in such policies and endorsements, and such receipt shall not relieve Proposer(s) from, or be deemed a waiver of the LOC’s right to insist on strict fulfillment of Proposer(s)’s obligations under this RFP. The insurance policies required by this RFP, except Workers’ Compensation, shall name the LOC, its agents, representatives, officers, directors, officials and employees as an Additional Insured. The policies required hereunder, except Workers’ Compensation, shall contain a waiver of transfer of rights of recovery (subrogation) against the LOC, its agents, representatives, officers, directors, officials and employees for any claims arising out of Proposer(s)’s work or service. 3.3.3 Commercial, automobile and workers’ compensation insurance. 3.3.3.1 Commercial General Liability. Proposer(s) shall maintain Commercial General Liability Insurance (CGL) and, if necessary, Commercial Umbrella Insurance. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of the Master Price Agreement. 3.3.3.2 Automobile Liability. Proposer(s) shall maintain Automobile Liability Insurance and, if necessary, Commercial Umbrella Insurance. If hazardous substances, materials, or wastes are to be transported, MCS 90 endorsement shall be included. 3.3.3.3 Workers’ Compensation and Employer’s Liability. Proposer(s) shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Proposer(s)’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. In case any work is subcontracted, Proposer(s) will require the SubProposer(s) to provide Workers’ Compensation and Employer’s Liability insurance to at least the same extent as required of Proposer(s). 4.0 SCHEDULE, RESPONSE PREPARATION AND SUBMISSION 4.1 SCHEDULE OF EVENTS 4.1.1 Publication of Request for Proposal Publication of this Solicitation conforms with ORS 279B, to include Public Notice by publication in a newspaper of general circulation in the area where the LEAGUE OF OREGON CITIES (“LOC”) is located no less than 30 days prior to the proposal due date, as well as posting of the Public Notice on the web site that typically posts Public Notices concerning the LOC. Solicitation Notice Publication: NOVEMBER 12th, 2019 4.1.2 Question and Answer period The LOC will post questions and answers concerning this Solicitation no later than 10 days prior to the proposal due date. All questions shall be submitted in writing via email to 1910, Contract Manager, at rfp@orcities.org. The LOC reserves the right to accept and answer questions after the question and answer period has expired. All questions and answers will be posted on the LOC website at www.orcities.org. 4.1.3 Submission of Proposals There will be no mandatory pre-proposal meeting. All questions must be submitted via email as directed above. If necessary, questions can be submitted in writing to LEAGUE OF OREGON CITIES, c/o Procurement Coordinator , 1201 Court St. NE, Suite 200, Salem, OR 97301 or rfp@orcities.org. Close date: Deadline for submission of proposals is 5:00 PM PST, on JANUARY 24, 2020. The LOC must receive all proposals before 5:00 PM PST on the above date of closing in the office of the LEAGUE OF OREGON CITIES, c/o Procurement Coordinator , Executive Director, 1201 Court St. NE, Suite 200, Salem, OR 97301. Approximate date of opening: 9:00 AM PST on JANUARY 24, 2020 at the office of the LEAGUE OF OREGON CITIES, c/o Procurement Coordinator , 1201 Court St. NE, Suite 200, Salem, OR 97301. Proposal selection: JANUARY 24, 2020 to MARCH 5, 2020. Approximate date of award: MARCH 5, 2020. All responses to this Solicitation become the property of the LOC. Proposers should mark those aspects of the proposal that they consider trade secrets and exempt from public disclosure. The LOC will not be held accountable if parties other than the LOC obtain material from proposal responses without the written consent of the Proposer(s). 4.1.4 Withdrawal of Proposal The Proposer(s) may withdraw its proposal at any time prior to the hour and date set for the receipt of proposals. Withdrawal will not preclude the submission of another proposal prior to the deadline. 4.2 REVIEW, INQUIRIES AND NOTICES: 4.2.1 The solicitation documents may be reviewed in person at the following address: LEAGUE OF OREGON CITIES 1201 Court St. NE Suite 200 Salem, OR 97301 All inquiries concerning information herein shall be addressed to: LEAGUE OF OREGON CITIES c/o Procurement Coordinator 1201 Court St. NE Suite 200 Salem, OR 97301 Administrative telephone inquiries shall be addressed to: Procurement Coordinator Email inquiries shall be addressed to: rfp@orcities.org Inquiries are required to be submitted by email to the Administrative Contact listed above. No oral communication is binding on the LOC. 4.2.2 Proposal Interpretation of the RFP Documents and Issuance of Addenda If any Proposer(s) finds discrepancy in, or omissions from, or is in doubt to the true meaning of any part of the RFP document, he/she shall submit a written request for a clarification or interpretation thereof to: LEAGUE OF OREGON CITIES c/o Procurement Coordinator 1201 Court St. NE Suite 200 Salem, OR 97301 Any request for clarification or interpretation must be received at least ten (10) calendar days prior to the RFP date of closing. The LOC is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addenda. Addenda, if necessary, will be issued not later than five (5) days prior to the RFP date of closing by publication on the LOC’s web site and NPPGov website. Oral interpretations or statements cannot modify the provisions of this Request for Proposal. If inquiries or comments by Proposers raise issues that require clarification by the LOC, or the LOC decides to revise any part of this Request for Proposal, addenda will be published and provided to all persons who receive the Request for Proposal. Receipt of an addendum must be acknowledged by signing and returning it with the proposal. 4.3 INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS: Proposers are to provide two (2) hard copies and two (2) electronic copies of the complete proposal. Each electronic copy is to be submitted on a USB flash drive with the core response in a file less than 10 MB, when possible. Electronic files may be used by the Evaluation Committee so they should be organized and named in an easy to understand manner. Proposers are to address proposals identified with return address, RFP number and title in the following manner: LOC “FIRE FIGHTING EQUIPMENT RFP” #1910 LEAGUE OF OREGON CITIES c/o Procurement Coordinator , Contract Manager 1201 Court St. NE Suite 200 Salem, OR 97301 All prices shall be held firm for a period of sixty (60) days after the Solicitation date of closing. Any Proposer may withdraw its proposal if a Master Price Agreement has not been executed within sixty (60) days from the RFP date of closing. 4.4 EXCEPTIONS AND DEVIATIONS TO THE RFP The Proposer shall identify and list all exceptions taken to all sections of this RFP and list these exceptions, referencing the section (paragraph) where the exception exists and stating the proposed revision. The Proposer shall list these exceptions under the heading, “Exception to the Solicitation, RFP Number 1910.” Exceptions not listed under the heading “Exception to the Solicitation, RFP Number 1910.” shall be considered invalid. The LOC reserves the right to reject exceptions, render the proposal non-responsive, enter into negotiation on any of the Proposer exceptions, or accept any or all exceptions. The Proposer shall detail any and all deviations from specifications, if any, contained in this Solicitation and Attachments, as requested. The LOC may accept or reject deviations, and all LOC decisions shall be final. 4.5 RESPONSE FORMAT AND CONTENT: To aid in the evaluation, it is desired that all proposals follow the same general format. The proposals are to be submitted in binders and have sections tabbed as follows: 4.5.1 Letter of Transmittal 4.5.2 Table of Contents 4.5.3 Short introduction and executive summary. This section shall contain an outline of the general approach utilized in the proposal. 4.5.4 The proposal should contain a statement of all of the programs and services proposed, including conclusions and generalized recommendations. Proposals should be all-inclusive, detailing the Proposer’s best offer. Additional related services should be incorporated into the proposal, if applicable. 4.5.5 Qualifications – This section shall describe the Proposer’s ability and experience related to the programs and services proposed. 4.5.6 Exceptions to the Solicitation, RFP Number 1910. 4.5.7 PRICING SCHEDULE (“ATTACHMENT D”). 4.5.8 PROPOSER PROFILE WORKBOOK (“ATTACHMENT B”). 4.5.9 Complete, Current Catalog Pricing shall be submitted on a USB flash drive. 4.5.10 Format Proposal to specifically address each individual sub-section and sub-set of the SCOPE OF WORK (Section 2.0). 4.5.11 Signed Addenda, if any. 4.5.12 Proposal Final Certification. 5.0 EVALUATION AND POST SUBMISSION 5.1 EVALUATION OF PROPOSAL – SELECTION FACTORS: LOC will evaluate each Proposal and prepare a scoring of each Proposal. Each Proposal received and reviewed shall be awarded points under each criterion solely on the judgment and determination of the Evaluation Committee and the LOC. There is a maximum score of 500 points and Proposer’s average total score must be at least 200 points for consideration of an award. Proposals will be evaluated on the following criteria and further defined in the Proposal Evaluation Form (ATTACHMENT E) utilizing the point system indicated on the form: 1) Pricing 2) Product Line (within each category) 3) Marketing 4) Customer Service 5) Proven Experience & References 6) Coverage 7) Conformance At the LOC’s discretion, Proposers may be invited to make presentations to the Evaluation Committee. LOC reserves the right to make multiple awards to meet the national membership needs of this Solicitation. 5.1.1 Additional criteria/preferences that are not necessarily awarded points. 5.1.1.1 Pursuant to ORS 279A.128, Lead Contracting Agency shall give preference to goods fabricated or processed within state or services performed within state. 5.1.1.2 Pursuant to ORS 279A.125, Lead Contracting Agency shall give preference to the procurement of goods manufactured from recycled materials. 5.1.1.3 Pursuant to ORS 279A.120, Lead Contracting Agency shall give preference to goods and services that have been manufactured or produced within the State of Oregon if price, fitness, availability and quality are otherwise equal; and the Lead Contracting Agency shall add a percent increase to the proposal of a nonresident Proposer equal to the percent, if any, of the preference given to the Proposer in the state in which the Proposer resides. All Proposers shall identify the state to which it is a resident bidder. 5.1.1.4 Lead Contracting Agency shall consider proposals for printing, binding and stationary work in accordance with ORS 282.210, incorporated herein by this reference. 5.1.1.5 Proposer shall comply with all federal, state and local laws applicable to the work under the Master Price Agreement awarded as a result of this Solicitation, including, without limitation, the provisions of ORS 279A and ORS 279B, including those provisions set forth on “ATTACHMENT F”, attached hereto and incorporated herein by this reference. 5.1.1.6 Pursuant to Section 1.7, the Lead Contracting Agency encourages Minority and Women-owned Small Business Proposers to submit proposals. 5.2 RIGHT OF LEAGUE OF OREGON CITIES TO AWARD OR REJECT PROPOSALS 5.2.1 The Request for Proposal does not commit the LOC to award a Master Price Agreement for the products or services specified within the Request for Proposal document. The LOC may cancel the procurement or reject any or all proposals in accordance with ORS 279B.100. Under no circumstance will the LOC pay the costs incurred in the preparation of a response to this request. 5.2.2 The LOC reserves the right to: 5.2.2.1 Accept or reject any or all proposals and proposal terms and conditions received as a result of the Request for Proposals; 5.2.2.2 Accept a proposal and subsequent offers for a Master Price Agreement from proposer(s) other than the lowest cost proposer; 5.2.2.3 Waive or modify any irregularities in proposals received after prior notification to the Proposer(s). 5.2.3 The award, if there is one, will be made to that Proposer(s) who is determined to be the most qualified, responsible and responsive within a competitive price range based upon the evaluation of the information furnished under this RFP. 5.3 PROTEST PROCESS A prospective Proposer may protest the procurement process of the Solicitation for an Agreement solicited under ORS 279B. Before seeking judicial review, a prospective Proposer must file a written protest with the LOC and exhaust all administrative remedies. Written protests must be delivered to the LOC at 1201 Court St. NE, Suite 200, Salem, OR 97301 not less than ten (10) days prior to the date upon which all proposals are due. The written protest shall contain a statement of the desired changes to the procurement process or Solicitation document that the protester believes will remedy the conditions upon which the protest is based. The LOC shall consider the protest if it is timely filed and meets the conditions set forth in ORS 279B.405. The LOC shall respond pursuant to ORS 279B.405. If the LOC upholds the protest, in whole or in part, the LOC may in its sole discretion either issue an Addendum reflecting its disposition or cancel the procurement or solicitation. The LOC may extend the due date of proposals if it determines an extension is necessary to consider and respond to the protest. A Proposer may protest the Award of the Contract, or the intent to Award the Contract, if the conditions set forth in ORS 279B.410 are satisfied. Judicial review of the protest and the LOC’s decision shall be governed by ORS 279B.415. 5.4 NON-ASSIGNMENT If a Master Price Agreement is awarded, Proposer shall not assign the Agreement in part or in total. 5.5 POST AWARD MEETING: The successful Proposer(s) may be required to attend a post-award meeting with the LOC to discuss the terms and conditions of the Master Price Agreement. 5.6 PROPOSAL FINAL CERTIFICATION The Proposer must certify the following: a) I hereby certify that the Proposal contained herein fully and exactly complies with the instruction for proposers and specifications as they appear in this Notice of Solicitation. b) I hereby further certify that I am authorized by the Board of Directors or Corporate Officers of the Corporation to sign the Requests for Proposals and proposals in the name of the corporation listed below: Proposer Name: ____________________________________________ Signature: _________________________________________________ Name Typed: ______________________ Title: ___________________ Proposer is a resident bidder of the state of _______________________ Date: _____________________ ATTACHMENT A INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT (The Intergovernmental Cooperative Purchasing Agreement is not attached hereto, but the current version is available upon request from the Lead Public Agency) (The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein) ATTACHMENT B Proposer Profile Workbook to be completed by all responders as directed herein (fillable form available upon request) 1.0 GENERAL QUESTIONS: Section 1.1 only to be completed by vendors with a national presence; i.e. vendors with a sales territory in 25 states or more. 1.1 The “Yes” or “No” questions below are to help evaluators familiarize themselves with national vendors. Indicate “Yes” or “No” as it applies to your company. Do you have a national sales force adequate in size to meet the demands of multiple agencies and their unique needs for the products and services listed herein? Yes No Do you have a national distribution network that will support sales resulting from this RFP? Yes No Can you provide product availability to meet the requirements for materials and services listed herein for government and nonprofit agencies nationwide in a timely manner? Yes No Does your company have the ability to provide toll-free telephone/fax access, and an online presence? Yes No Can you provide a single point of contact (National Account Manager) to interact with the lead agency and NPPGov staff? Yes No Are you a strong competitor in the industry with a minimum of three consecutive years of demonstrated success in all business practices and pursuits? Yes No 1.2 Provide at least three references of government agencies within the United States that have purchased products/services from Proposer similar to those specified in this solicitation within the last year. If proposed products/services are new to market, please use most similar business references available. Include: Agency name and address Contact name, phone and email Description of products/services sold and date. LOC may use other information, however learned, in evaluation of the response. 1.3 OPTIONAL: If a Dun and Bradstreet Comprehensive Report (or similar) for your company is available, please submit it with your response. 1.4 OPTIONAL: Attach any case studies, white papers and/or testimonials supporting your company and products/services. 2.0 ABOUT PROPOSER: 2.1 State of incorporation: 2.2 Federal Tax Identification Number: 2.3 If applicable to the product(s) and/or service(s), describe the Proposer’s ability to conduct E- commerce or online ordering. [Insert response in box below] 2.4 Describe Proposer’s system for processing orders from point of customer contact through delivery and billing. [Insert response in box below] 2.5 Describe Proposer’s ability to provide detailed electronic reporting of quarterly sales correlated with NPPGov Member ID numbers of Participating Agency purchases as set forth in Addendum A to Vendor Administration Agreement (VAA), a copy of which is available upon request from the LOC. [Insert response in box below] 2.6 Describe the capacity of Proposer to meet Minority and Women Business Enterprises (MWBE) preferences, which may vary among Participating Agencies. [Insert response in box below] 2.7 Proposer acknowledges compliance with Davis Bacon wage requirements where labor is concerned by indicating “yes” or “no” below. 2.8 By submitting a Proposal in response to this RFP, Proposer agrees, if applicable, to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. Indicate “yes” or “no” below. 2.9 Complete Exhibit 1, located at the end of this workbook. 3.0 DISTRIBUTION SYSTEM: 3.1 Describe distribution of products and/or services available in Proposer’s response through Proposer’s distribution system (including Alaska and Hawaii), including any limitations. [Insert response in box below] 3.1.A Is it your intent to offer the proposed products and/or services through a designated distribution/dealer network, indicate “yes” or “no” below? YES NO 3.2 Provide Proposer’s shipping and delivery policy, including standard delivery time and any options and costs for expedited delivery and return policies. [Insert response in box below] 3.3 Third party and/or subcontracting may be allowed. If applicable, detail the sub-contracting process (ordering, shipment, invoicing, billing) for those products not carried in Proposer’s distribution center. Alternatively, if proposer utilizes a third-party ordering, shipment, invoicing or billing partner, please describe in detail. [Insert response in box below] 3.4 What is Proposer’s backorder policy? Is your policy to classify as “immediate or cancel” (requiring the Participating Agency to reorder if item is backordered) or “good until cancelled”? [Insert response in box below] 3.5 Indicate whether the Proposer has any dealer or distributors that are authorized to fulfil purchases? Yes No [Circle one] 3.6 If answered yes to 3.5, include a copy of or link to authorized dealers or distributors. 4.0 MARKETING: 4.1 Outline Proposer’s plan for marketing the Products and Services to the Participating Agencies on a local and national basis. Include any marketing incentives such as committed dollars for advertising, conferences/travel and custom marketing materials. [May attach marketing plan or insert response in box below] 4.2 Explain how Proposer will educate its local and national sales force about the use of the Master Price Agreement. [Insert response in box below] 4.3 Indicate the Proposer’s willingness to allow training to its local and national sales force about the use of the Master Price Agreement. [Insert response in box below] 5.0 POINT OF CONTACT: Proposer POC who will administer, coordinate, and manage this program with NPPGov and the LEAGUE OF OREGON CITIES: Contact Person: Title: Mailing Address: City: State & Zip: Email Address: Phone #: Fax #: Attach current resume of National Account Manager that will be the POC managing this contract. 6.0 CUSTOMER SUPPORT SERVICES: Explain Proposer’s policy regarding each of the following if applicable to product(s) and/or service(s): 6.1 Auditing for order completeness. [Insert response in box below] 6.2 Replacement policy (i.e., damaged or defective goods). [Insert response in box below] 6.3 Minimum order requirement (e.g., Individual item vs. case lot). [Insert response in box below] 6.4 Customer service hours/days of operation [Insert response in boxes below] Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday: 6.5 Special Orders. [Insert response in box below] 6.6 Post sale services issues. [Insert response in box below] 6.7 Repair services, including repair warranty programs, if any. Proposer shall identify, where applicable, authorized factory repair facilities that will honor the warranty of items on contract. [Insert response in box below] 6.8 Technical support services Proposer provides. [Insert response in box below] 6.9 Product substitution policy. [Insert response in box below] 6.10 Identify trade-in program criteria (if applicable). [Insert response in box below] 6.11. After hours service (including weekends and holidays) [Insert response in boxes below] Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday: 6.12 Shipment tracking. [Insert response in box below] 6.13 Back order tracking process. [Insert response in box below] 6.14 Return Item process, including any/all associated fees (e.g., restocking, shipping, turnaround time on returns). [Insert response in box below] 6.15 Electronic billing. [Insert response in box below] 6.16 Explain how Proposer will resolve complaints, issues, or challenges. [Insert response in box below] 6.17 Other services not already covered. [Insert response in box below] 7.0 DELIVERY AND FREIGHT CHARGES: 7.1 Identify delivery and/or shipping costs or provide a shipping rate schedule based on weight, item, and/or destination for all items ordered within the continental U.S. (and Hawaii/Alaska). The Proposer shall identify all exceptions to this shipping rate schedule. [Insert response in box below] 7.2 Identify policy for transfer of product ownership (delivery) and damage/issue resolution. [Insert response in box below] 8.0 VENDOR TERMS AND CONDITIONS. 8.1 Does Proposer require that customers/Participating Agencies agree to standard terms and conditions related to their purchase? Yes No [Circle one] 8.2 If answered yes to 8.1, include a copy of or link to terms and conditions. 9.0 WARRANTY INFOMATION: 9.1 Identify warranty options, if applicable. [Insert response in box below] Exhibit 1 FIRE FIGHTING EQUIPMENT Coverage RETAIL, DISTRIBUTION AND SERVICE/SUPPORT LOCATIONS Number of retail stores in each state? (leave blank for none) Number of distribution centers in each state? (leave blank for none) Number of support locations in each state? (leave blank for none) ALABAMA ALASKA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE FLORIDA GEORGIA HAWAII IDAHO ILLINOIS INDIANA IOWA KANSAS KENTUCKY LOUISIANA MAINE MARYLAND MASSACHUSETTS MICHIGAN MINNESOTA MISSISSIPPI MISSOURI MONTANA NEBRASKA NEVADA NEW HAMPSHIRE NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA NORTH DAKOTA OHIO OKLAHOMA OREGON PENNSYLVANIA RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS UTAH VERMONT VIRGINIA WASHINGTON WEST VIRGINIA WISCONSIN WYOMING THE FORM LISTED BELOW MUST BE SIGNED AND RETURNED WITH SOLICITATION RESPONSE Exhibit 2 Declaration of Non-Collusion The undersigned does hereby declare that there has been no collusion between the undersigned, the LEAGUE OF OREGON CITIES, and National Purchasing Partners, and in further support of said Declaration, states as follows: The person, firm, association, co-partnership or corporation herein named has not, either directly or indirectly, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding or solicitation in the preparation and submission of a proposal to the LEAGUE OF OREGON CITIES for consideration in the award of a contract or Master Price Agreement negotiated as a result of this Request for Proposal. DATED this ______ day of _____________, _______. (Name of Firm) By: (Authorized Signature) Title: ATTACHMENT C SPECIFICATIONS FIRE FIGHTING EQUIPMENT These specifications are intended to cover the complete range of FIRE FIGHTING EQUIPMENT. Several categories are included below but are in no means intended to limit the Proposer to responding to just these categories if there are other related products and services that Proposer would like to be considered for the award. Proposers should respond with pricing for all products and services they wish to be considered in the evaluation for a possible award and master price agreement. The following categories are provided to indicate the intended extent of the RFP but do not necessarily represent the format of the Proposer’s response. Proposers may combine any and all categories and elements in a format that is most appropriate to represent their business in their response. NOTE: Proposers are not required to respond to all categories. Proposals will only be evaluated based on the categories to which they respond. CATEGORY 1: FIREFIGHTING EQUIPMENT: Including but not limited to thermal imagining cameras, axe holders, boots, clothing, accessories, eye protection/goggles, fans, generators, flashlights, fire helmets, decals, gear bags, gloves, tool pouches, wildland fire gear, etc. CATEGORY 2: FIREFIGHTING ATTACK TOOLS: Including but not limited to axes, Halligan bars, chain and/or rescue saws, shovels, forcible entry tools, rescue tools, etc. CATEGORY 3: EXTRACTION TOOLS AND SUPPLIES: Including but not limited to (hydraulic, manual or electric): cribbing, cutters, blankets, spreaders, combo tools, rams, rapid stabilization struts, etc. Gas or electric powered equipment may be offered. CATEGORY 4: SEARCH AND RESCUE EQUIPMENT: Including but not limited to thermal imaging equipment, gas detection and monitoring equipment, hardware, ladders, bailout systems, rescue straps, rope, rope bags, utility items, etc. CATEGORY 5: FIREFIGHTING AND FIREFIGHTER TRAINING: Including but not limited to books, videos, CPR manikins, on-site instructional classes, remote/web based instructional classes, etc. On-site training requiring travel charges must be identified and quoted prior to Member acceptance or commitment to training class. All travel, lodging, and per diem charges should be included in pricing. CATEGORY 6: HAZARDOUS MATERIAL (HAZ-MAT) EQUIPMENT: Including but not limited to air bags, covert HAZ-MAT back packs, emergency equipment staging areas, staging kits, team kits, etc. CATEGORY 7: FIRE EXTINGUISHERS: Including but not limited to handheld, portable, wheeled (cart mounted). Class A, B, C, D, K, or a combination of classes; stored pressure or cartridge-type; household, industrial, and/or automotive applications, etc. CATEGORY 8: FIREFIGHTERING FOAM: Including but not limited to low expansion (between 2 to1 and 20 to 1), medium expansion (between 20 to 1 and 200 to 1), high expansion (above 200 to 1), synthetic agents, protein agents, foam equipment, etc. CATEGORY 9: FIREFIGHTING (MUNICIPAL) HOSES: Including but not limited to firefighting hose accessories (attack, supply line, soft suction, piston intake valves, nozzles, wyes, etc.), All firefighting hoses shall be NFPA compliant for service pressure test, proof/acceptance test pressure, burst pressure, and operating/working pressure. Certificates of testing shall be provided to Member upon request. Firefighting hoses shall be warranted from manufacturer defects for ten (10) years. Contract vendor shall provide Member all instruction manuals, maintenance manuals, user guide information for all firefighting hose products in Member orders. CATEGORY 10 FIRE PUMPS: Including but not limited to Portable Pumps, Skid Units, Compressed Air Foam Systems (CAFS), etc. CATEGORY 11: FIREFIGHTER AND DEPARTMENTAL PERSONAL APPAREL, BADGES, ACCESSORIES, AND OTHER FIRE DPEARTMENT RELATED ITEMS: Including but not limited to apparel (personal, firefighter, and departmental), hats, T-shirts, shirts, pins, name bars, collar pins, ties, lapel accessories, stationary items, calendars, business cards, promotional materials (watches, mugs, glassware, pins, giveaways, awareness items), personalized firefighter/departmental apparel and accessories, firefighter literature (books, magazines, periodicals, and e-books), firefighter badges (Custom, special, and member provided designs. Contract vendor shall be capable of supplying as few as one or as many as a full recruit class or departmental staff within the stated delivery period), etc. CATEGORY 12: OTHER: Other FIREFIGHTING AND FIREFIGHTER EQUIPMENT not included in other categories. CATEGORY 13: MAINTENANCE, SERVICE AND TESTING: Any services and options related to the maintenance, service and testing of products and equipment offered in any of the categories. ATTACHMENT D PRICING SCHEDULE The intent is for each Proposer to submit their complete product line so that Participating Agencies may order a wide array of products and services as appropriate for their needs. Proposer is encouraged but is not required to respond to all categories. Proposer may suggest additional categories and sub-categories as applicable. Proposer may subcontract items Proposer does not supply. The Proposer should not necessarily limit the proposal to the performance of the services in accordance with this document but should outline any additional services and their costs if the Proposer deems them necessary to accomplish the program. Pricing and resulting relative discount to LOC and NPPGov membership shall be clearly delineated on each proposal. Contract admin fee (established in the “Requirements” Section of the RFP) may not be listed or charged as a separate line item to users of the contract. Contract pricing shall be based upon: 1) Fixed discount(s) off published price list(s) or catalog(s) 2) Firm fixed price with economic adjustment (contingencies for economic price adjustments must be identified in the proposal) 3) A combination of the above. EXAMPLE FIRE FIGHTING EQUIPMENT Product Category Percentage (%) off List Price* (OR fixed price if % off pricing is not available) EXTRACTION TOOLS AND SUPPLIES FIRE EXTINGUISHERS FIRE PUMPS FIREFIGHTING AND FIREFIGHTER TRAINING FIREFIGHTING ATTACK TOOLS FIREFIGHTING EQUIPMENT FIREFIGHTING FOAM FIREFIGHTING (MUNICIPAL) HOSES FIREFIGHTER AND DEPARTMENTAL PERSONAL APPAREL, BADGES, ACCESSORIES, AND OTHER FIRE DPEARTMENT RELATED ITEMS HAZARDOUS MATERIAL (HAZ-MAT) EQUIPMENT SEARCH & RESCUE EQUIPMENT OTHER MAINTENANCE, SERVICE AND TESTING Options Proposers shall provide pricing on all options, modifications, and accessories in a format that best represents their product line and pricing structure. This may include specific pricing for some options and may also include general pricing/discounts for categories of options. Proposer may also indicate availability and pricing of all other non-specified options. The intent is to provide Proposers the opportunity to present as much product as possible in the format that fits within their individual formatting needs so that the resulting award allows LOC and NPPGov members the greatest number of procurement options. Miscellaneous Proposers should include any applicable pricing information related to Section 2.3 of the RFP including but not limited to: large volume purchases, cash terms, rebates, freight/delivery costs and individual discounts. ATTACHMENT E PROPOSAL EVALUATION FORM Proposals will be evaluated using a two-step process. The first step evaluates the responsiveness of the proposer and determines 1) if the proposer is deemed fully responsive enabling the proposal to move to the second step and 2) if the proposal will be evaluated as a local response (within the State of Oregon), regional response (covering multiple States, but not the entire US) or a national response (covering the entire US, or at least the continental US). The second step of the evaluation process will only occur with proposals deemed fully responsive from the first step. The second step fully evaluates the proposer’s response based on the criteria found in the proposal evaluation form. STEP 1 Proposal Responsiveness Component YES NO Submitted on time Company name and RFP number on outermost packaging Completed Proposer Profile Workbook (PPW) Included pricing structure Included references Proposal signed Deemed Fully Responsive YES NO Categorized as Local, Regional or National Local Regional National Proposal Evaluation Form STEP 2 Full Evaluation of Proposal Point Value Definitions (5) Exceeded Requirements - Compelling Detail, Showed Ability to Complete (4) Met Requirements - Thorough, Provided Supportive Material/Examples (3) Satisfied Requirements - Sufficient (2) Unclear if Requirements Met - Poor or Confusing (1) Did Not Comply with Requirements - Substandard or Blank Component Evaluated Weight Possible Points (1-5) Total Points (Weight x PP) Evaluator’s Comments Pricing: Product price and discounts proposed included favorable pricing for cooperative purchasing. Shipping conditions. PPW Section 7.0 and Pricing structure. 25 Comments: Product Line (Score only categories proposed): Breadth, variety, quality of product line and innovation of products. Warranty availability. PPW Section 9.0. 15 Comments: Marketing: Marketing plan to promote the resulting contractual agreement and ability to incorporate use of agreement in their sales system throughout indicated coverage region. Willingness to allow training of salesforce. PPW Section 4.0. 15 Comments Customer Service: Support dedicated to Participating Agencies. Ability to meet promised delivery timelines. Additional services offered. Conduct e-commerce. PPW Sub-Sections 2.3 & 2.4 and Section 6.0. 15 Comments: Proven Experience: Success in providing products and services in a timely manner. Years in business, references and reputation. Experience with cooperative purchasing. PPW Sub-Section 1.2. 15 Comments: Coverage: Ability to provide products and services for indicated coverage region including distribution, retail & service facilities, coordination of manufacturer and distribution, and staff availability. Clearly states distribution model and provides dealer list if applicable. PPW Section 3.0 and Exhibit 1. 10 Comments: Conformance: Completeness of proposal and the degree to which the Proposer responded to the terms and all requirements and specifications of the RFP. Followed the response format and content, was clear and easily understood. Provided Term’s and Condition’s, if applicable. PPW Section 8.0 and 4.5 of RFP. 5 Comments: TOTAL 100 General Comments: Name of Evaluator _________________________ Signature _________________________________ Date _________________ ATTACHMENT F OREGON REVISED STATUTES (AS MAY BE AMENDED) REQUIREMENTS Successful Proposer (Contractor) shall comply with the requirements of this ATTACHMENT F to the extent required by any applicable federal or state law. (1) Contractor shall pay promptly, as due, all persons supplying labor or materials for the performance of the work provided for in the contract and shall be responsible for such payment of all persons supplying such labor or material to any Subcontractor. (2) Contractor shall promptly pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the contract. (3) Contractor shall not permit any lien or claim to be filed or prosecuted against the LOC or any Participating Agency on account of any labor or material furnished and agrees to assume responsibility for satisfaction of any such lien so filed or prosecuted. (4) Contractor and any Subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167 (5) If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or materials furnished to the Contractor or a Subcontractor by any person in connection with the contract as such claim becomes due, the LOC or any Participating Agency may pay such claim to the persons furnishing the labor or material and charge the amount of payment against funds due or to become due Contractor by reason of the contract. The payment of a claim in the manner authorized hereby shall not relieve the Contractor or Contract surety from Contractor or its obligation with respect to any unpaid claim. If the LOC or any Participating Agency is unable to determine the validity of any claim for labor or material furnished, the District may withhold from any current payment due Contractor an amount equal to said claim until its validity is determined and the claim, if valid, is paid. (6) Contractor shall promptly, as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. (7) In a contract for personal services, contractor shall pay employees at least time and half for all overtime worked in excess of 40 hours in any one week under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC 201, et seq.). In contracts for services, contractors shall pay employees at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(A) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. (8) The Contractor must give notice in writing to employees who work on this contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and the days per week that the employees may be required to work. (9) All subject employers working under the contract are either employers that will comply with ORS 656.017, or employers that are exempt under ORS 656.126. (10) All sums due the State Unemployment Compensation Trust Fund from the Contractor or any Subcontractor in connection with the performance of the contract shall be promptly so paid. (11) The contract may be canceled at the election of LOC for any willful failure on the part of Contractor to faithfully perform the contract according to its terms. (12) Contractor certifies compliance with all applicable Oregon tax laws, in accordance with ORS 305.385. (13) Contractor certifies that it has not discriminated against minorities, women, emerging small business enterprises certified under ORS 200.055, or business enterprises owned or controlled by or that employ a disabled veteran in obtaining any required subcontractors. ATTACHMENT G WIPHE RESPONSE FORM THIS FORM MUST BE RETURNED WITH SOLICITATION RESPONSE Vendor servicing Washington State AGREES to sell items included in this solicitation to WIPHE institutions at prices offered, unless otherwise noted below: ________ DOES NOT agree to sell to WIPHE Institutions. ________ AGREES to sell to WIPHE Institutions at same prices and discounts, with the following exceptions: (attach additional pages as necessary) Vendor must state geographic areas or specific institution(s) listed below within the State of Washington that are EXCLUDED from the contract(s) resulting from this solicitation: Washington Institutions of Public Higher Education (WIPHE). See list on following page. If Vendor agrees to sell to the WIPHE Institutions, a WIPHE Contract number will be assigned and the information will be reported to the Council of Presidents. The Council of Presidents notifies all the other schools when a WIPHE contract has been awarded and a master list will be maintained and the WIPHE website updated. WIPHE shall determine, at its absolute discretion, whether it shall accept and/or utilize the contract resulting from the Request for Proposal Washington Institutions of Public Higher Education (WIPHE) FOUR-YEAR UNIVERSITIES CENTRAL WASHINGTON UNIVERSITY EASTERN WASHINGTON UNIVERSITY THE EVERGREEN STATE COLLEGE UNIVERSITY OF WASHINGTON WASHINGTON STATE UNIVERSITY WESTERN WASHINGTON UNIVERSITY COMMUNITY AND TECHNICAL COLLEGES: BATES TECHNICAL COLLEGE BELLEVUE COMMUNITY COLLEGE BELLINGHAM TECHNICAL COLLEGE BIG BEND COMMUNITY COLLEGE CASCADE COMMUNITY COLLEGE CASCADIA COLLEGE CENTRALIA COLLEGE CLARK COLLEGE CLOVER PARK TECHNICAL COLLEGE COLUMBIA BASIN COLLEGE EDMONDS COMMUNITY COLLEGE EVERETT COMMUNITY COLLEGE GRAYS HARBOR COLLEGE GREEN RIVER COMMUNITY COLLEGE HIGHLINE COMMUNITY COLLEGE LAKE WASHINGTON TECHNICAL COLLEGE LOWER COLUMBIA COLLEGE OLYMPIC COLLEGE PENINSULA COLLEGE PIERCE COLLEGE RENTON TECHNICAL COLLEGE SEATTLE CENTRAL COMMUNITY COLLEGES SHORELINE COMMUNITY COLLEGE SKAGIT VALLEY COLLEGE SOUTH PUGET SOUND COMMUNITY COLLEGE SPOKANE COMMUNITY COLLEGES STATE BOARD FOR TECHNICAL & COMMUNITY COLLEGES WENATCHEE VALLEY COLLEGE YAKIMA VALLEY COMMUNITY COLLEGE WHATCOM COMMUNITY COLLEGE Miscellaneous local agencies within Washington State* ADAMS COUNTY PUYALLUP SCHOOL DIST 3 KITSAP COUNTY FIFE SCHOOL DIST 417 RIVERVIEW SCHOOL DIST 407 GONZAGA UNIVERSITY PLANNED PARENTHOOD OF WESTERN WASHINGTON SNOHOMISH COUNTY MASON COUNTY FEDERAL WAY SCHOOL DIST SPOKANE COUNTY ISSAQUAH SCHOOL DIST 411 ADAMS COUNTY FIRE DISTRICT ADAMS COUNTY HEALTH DISTRICT AFFILIATED HEALTH SERVICES ALDERWOOD WATER DISTRICT ANACORTES PORT OF ANACORTES SCHOOL DISTRICT 103 ANNAPOLIS WATER DISTRICT ASOTIN COUNTY AUBURN SCHOOL DISTRICT 408 BAINBRIDGE IS SCHOOL DISTRICT 303 BAINBRIDGE ISLAND FIRE DEPARTMENT BAINBRIDGE ISLAND PARKS BATTLE GROUND SCHOOL DISTRICT 119 BELLEVUE SCHOOL DISTRICT 405 BELLINGHAM PORT OF BELLINGHAM SCHOOL DISTRICT 501 BENTON COUNTY BENTON COUNTY FIRE DISTRICT BENTON COUNTY PUD BENTON FRANKLIN COUNTY BENTON FRANKLIN PRIVTE INDUST CNCL BENTON PORT OF BETHEL SCHOOL DISTRICT 403 BIG BROTHERS BIG SISTERS OF KING CO BIRCH BAY WATER & SEWER DISTRICT BLANCHET SCHOOL DISTRICT BREMERTON KITSAP CO HEALTH DISTRICT BREMERTON PORT OF BREMERTON SCHOOL DISTRICT 100 BURLINGTON EDISON SCHOOL DIST 100 CANCER RESEARCH AND BOISTATISTICS CASCADE BLUE MT FD SHR CASCADE IRRIGATION DISTRICT CASHMERE SCHOOL DISTRICT 222 CATHOLIC COMM SVCS OF KING CO CENTRAL KITSAP SCHOOL DISTRICT 401 CENTRAL WAS COMP MENTAL HEALTH CENTRALIA SCHOOL DISTRICT 40 CHEHALIS SCHOOL DISTRICT 302 CHELAN COUNTY CHELAN COUNTY COMMUNITY HOSPITAL CHELAN COUNTY FIRE DISTRICT CHELAN COUNTY PUD 1 CHELAN DOUGLAS COUNTY HEALTH DIST CHENEY CARE CENTER CHILD CARE RESOURCE & REFERRAL CHILDRENS THERAPY CENTER CHIMACUM SCHOOL DISTRICT 49 CLALLAM COUNTY CLALLAM COUNTY FIRE DISTRICT CLALLAM COUNTY HOSPITAL DISTRICT CLALLAM COUNTY PUD CLARK COUNTY CLARK COUNTY FIRE DISTRICT CLARK COUNTY PUD CLE ELUM-ROSLYN SCHOOL DISTRICT 404 CLOVER PARK SCHOOL DISTRICT 400 CNTRL WHIDBEY FIRE & RESCUE COAL CREEK UTILITY DISTRICT COALITION AGAINST DOMESTIC VIOLENCE COLUMBIA COUNTY COLUMBIA IRRIGATION DISTRICT COLUMBIA MOSQUITO CONTROL DISTRICT COMMUNITY CHRISTIAN ACADEMY COMMUNITY PSYCHIATRIC CLINIC COMMUNITY TRANSIT CONFEDERATED TRIBES OF CHEHALIS CONSOLIDATED DIKING IMPROVEMENT DIST CONSOLIDATED IRRIGATION COWLITZ COUNTY COWLITZ COUNTY FIRE DISTRICT COWLITZ COUNTY PUD CROSS VALLEY WATER DISTRICT DAYTON SCHOOL DISTRICT 2 DOUGLAS COUNTY DOUGLAS COUNTY FIRE DISTRICT DOUGLAS COUNTY PUD DRUG ABUSE PREVENTION CENTER E COLUMBIA BASIN IRRIGATION DIST EAST WENATCHEE WATER EATONVILLE SCHOOL DIST 404 EDMONDS SCHOOL DISTRICT 15 EDUCATIONAL SERVICE DIST 114 EDUCATIONAL SERVICE DISTRICT 113 ELLENSBURG SCHOOL DIST 401 ENUMCLAW SCHOOL DIST EVERETT PORT OF EVERETT PUBLICE FACILITIES DIST EVERGREEN MANOR INC EVERGREEN SCHOOL DIST 114 FEDERAL WAY FD FERRY COUNTY FERRY COUNTY PUBLIC HOSPITAL FERRY OKAHOGAN FPD FOSS WATERWAY DEVELOPMENT AUTHORITY FRANKLIN COUNTY FRANKLIN COUNTY PUD FRANKLIN PIERCE SCHOOL DIST 402 FRIDAY HARBOR PORT OF GARDENA FARMS IRRIGATION DIST 13 GARFIELD COUNTY GRAND COULEE PROJECT GRANDVIEW SCHOOL DIST 116/200 GRANITE FALLS SCHOOL DIST 332 GRANT COUNTY GRANT COUNTY HEALTH DIST GRANT COUNTY PUD GRAYS HARBOR COUNTY GRAYS HARBOR COUNTY FIRE DIST GRAYS HARBOR COUNTY PUD # 1 GRAYS HARBOR PORT OF GRAYS HARBOR PUB DEV AUTH GRAYS HARBOR TRANSIT GRIFFIN SCHOOL DIST 324 HARBORVIEW MEDICAL CENTER HAZEL DELL SEWER DIST HEALTHY MOTHERS HEALTHY BABIES COAL HIGHLINE SCHOOL DIST 401 HIGHLINE WATER DIST HOMESIGHT HOPELINK HOQUIAM SCHOOL DIST 28 HOUSING AUTHORITY OF PORTLAND ILWACO PORT OF INCHELIUM SCHOOL DIST 70 ISLAND COUNTY ISLAND COUNTY FIRE DIST JEFFERSON COUNTY JEFFERSON COUNTY FIRE DIST JEFFERSON COUNTY LIBRARY JEFFERSON COUNTY PUD JEFFERSON GENERAL HOSPITAL KARCHER CREEK SEWER DIST KELSO SCHOOL DIST 458 KENNEWICK GENERAL HOSPITAL KENNEWICK SCHOOL DISTRICT 17 KENT SCHOOL DIST 415 KETTLE FALLS SCHOOL DIST 212 KING COUNTY KING COUNTY FIRE DIST KING COUNTY HOUSING AUTHORITY KING COUNTY LIBRARY KING COUNTY WATER SEWER KINGSTON PORT OF KITSAP COUNTY FIRE & RESCUE KITSAP COUNTY LIBRARY KITSAP COUNTY PUD 1 KITTITAS COUNTY KITTITAS COUNTY PUD KITTITAS COUNTY RECLAMATION DIST KLICKITAT COUNTY KLICKITAT COUNTY PUD LAKE CHELAN RECLAMATION DIST LAKE STEVENS SCHOOL DIST 4 LAKE WASHINGTON SCHOOL DIST 414 LAKEHAVEN UTILITY DIST LAKEWOOD SCHOOL DIST 306 LEWIS CO PUD 1 LEWIS COUNTY LEWIS COUNTY FIRE DIST LEWIS PUBLIC TRANSPORTATION LIBERTY LAKE SEWER & WATER DIST LINCOLN COUNTY LINCOLN COUNTY FIRE DIST LONGVIEW PORT OF LONGVIEW SCHOOL DIST 122 LOTT WASTEWATER ALLIANCE LUMMI INDIAN NATION MANCHESTER WATER DIST MARYSVILLE SCHOOL DIST 25 MASON COUNTY FIRE DIST MASON COUNTY PUD MEAD SCHOOL DIST 354 METRO PARK DISTRICT OF TACOMA MID COLUMBIA LIBRARY MIDWAY SEWER DISTRICT MONROE SCHOOL DIST 103 MORTON SCHOOL DIST 214 MOSES LAKE PORT OF MOUNT BAKER SCHOOL DIST MT VERNON SCHOOL DISTRICT 320 MUKILTEO SCHOOL DIST 6 MUKILTEO WATER DIST NAVAL STATION EVERETT NE TRI COUNTY HEALTH DIST NORTH CENTRAL REGIONAL LIBRARY DIST NORTH KITSAP SCHOOL DIST 400 NORTH SHORE UTILITY DISTRICT NORTH THURSTON SCHOOL DISTRICT NORTHSHORE SCHOOL DIST 417 NORTHWEST KIDNEY CTR NORTHWEST WORK FORCE DEVELOPMENT CO NW REGIONAL COUNCIL OAK HARBOR SCHOOL DIST 201 OAKVILLE SCHOOL DIST 400 OCOSTA SCHOOL DIST 172 OKANOGAN COUNTY OKANOGAN COUNTY FIRE DIST OKANOGAN COUNTY PUD OKANOGAN SCHOOL DISTRICT OLYMPIA PORT OF OLYMPIA SCHOOL DISTRICT 111 OLYMPIA THURSTON CHAMBER FOUNDATION OLYMPIC AREA AGENCY ON AGING OLYMPIC MEMORIAL HOSPITAL DIST OLYMPIC REGION CLEAN AIR AGENCY OLYMPIC VIEW WATER & SEWER DIST OLYMPUS TERRACE SEWER DIST PACIFIC COUNTY PACIFIC COUNTY FIRE PARATRANSIT SERVICES PASCO SCHOOL DIST PEND OREILLE COUNTY CONSERV DIST PEND OREILLE COUNTY PUB HOSP DIST PEND OREILLE COUNTY PUD PENINSULA SCHOOL DISTRICT 401 PERRY TECHNICAL INSTITUTE PIERCE COUNTY PIERCE COUNTY FIRE DIST PORT ANGELES PORT OF PORT ANGELES SCHOOL DISTRICT 121 PRESCOTT SCHOOL DIST PUGET SOUND CLEAN AIR AGENCY PUGET SOUND SCHOOL DIST QUINCY COLUMBIA BASIN IRRIG DIST RICHLAND SCHOOL DIST 400 S KITSAP SCHOOL DISTRICT 402 S SNOHOMISH CO PUBLIC FAC DIST SAFEPLACE SAMISH WATER DIST SAMMAMISH WATER AND SEWER DIST SAN JUAN COUNTY SAN JUAN COUNTY FIRE DIST SEA MAR COMM HEALTH CTR SEATTLE JEWISH PRIMARY SCHOOL SEATTLE PORT OF SEATTLE SCHOOL DIST 1 SEATTLE UNIVERSITY SECOND AMENDMENT FOUNDATION SECOND CHANCE INC SENIOR OPPORTUNITY SERVICES SHELTON SCHOOL DISTRICT 309 SILVERDALE WATER SKAGIT COUNTY SKAGIT COUNTY CONSERVATION DIST SKAGIT COUNTY FIRE DIST SKAGIT COUNTY ISLAND HOSPITAL SKAGIT COUNTY PORT OF SKAGIT COUNTY PUD 1 SKAGIT TRANSIT SKAMANIA COUNTY SKOOKUM INC SNOHOMISH COUNTY LIBRARY SNOHOMISH COUNTY PUD SNOHOMISH HEALTH DISTRICT SNOHOMISH SCHOOL DISTRICT 201 SOAP LAKE SCHOOL DISTRICT 156 SOOS CREEK WATER AND SEWER DIST SOUND TRANSIT SOUTH COLUMBIA BASIN IRRIG DIST SOUTH EAST EFFECTIVE DEVELOPMENT SOUTH SOUND MENTAL HEALTH SERVICES SOUTHWEST YOUTH & FAMILY SERVICES SPECIAL MOBILITY SERVICES INC SPOKANE CO AIR POLLUTION CNTRL AUTHORITY SPOKANE COUNTY FIRE DIST SPOKANE COUNTY LIBRARY SPOKANE SCHOOL DISTRICT 81 ST JOSEPH/MARQUETTE SCHOOL STANWOOD SCHOOL DIST 410 STEVENS COUNTY STEVENS COUNTY PUD STILLAGUAMISH TRIBE OF INDIANS SUMNER SCHOOL DISTRICT 320 SUNNYSIDE PORT OF SUNNYSIDE SCHOOL DISTRICT 201 SUQUAMISH TRIBE SW CLEAN AIR AGENCY SWINOMISH TRIBE TACOMA DAY CHILD CARE AND PRESCHOOL TACOMA MUSICAL PLAYHOUSE TACOMA PORT OF TACOMA SCHOOL DISTRICT 10 TACOMA-PIERCE CO TAHOMA SCHOOL DISTRICT 409 TERRACE HEIGHTS SEWER DISTRICT THURSTON COMMUNITY TELEVISION THURSTON COUNTY THURSTON COUNTY CONSERVATION DIST THURSTON COUNTY FIRE DISTRICT TOPPENISH SCHOOL DISTRICT 202 TOUCHET SD 300 TRIUMPH TREATMENT SERVICES TUKWILA SCHOOL DIST 406 TUMWATER SCHOOL DISTRICT 33 U S DEPARTMENT OF TRANSPORTATION UNITED WAY OF KING COUNTY UNIVERSITY PLACE SCHOOL DIST UPPER SKAGIT INDIAN TRIBE VAL VUE SEWER DISTRICT VALLEY TRANSIT VALLEY WATER DISTRICT VANCOUVER PORT OF VANCOUVER SCHOOL DISTRICT 37 VASHON ISLAND SCHOOL DISTRICT 402 VERA IRRIGATION VETERANS ADMINISTRATION VOLUNTEERS OF AMERICA WA ASSOC OF SCHOOL ADMINISTRATORS WA ASSOC SHERIFFS & POLICE CHIEFS WA GOVERNMENTAL ENTITY POOL WA LABOR COUNCIL AFL-CIO WA PUBLIC PORTS ASSOCIATION WA RESEARCH COUNCIL WA ST ASSOCIATION OF COUNTIES WA STATE PUBLIC STADIUM AUTHORITY WAHKIAKUM COUNTY WALLA WALLA COLLEGE WALLA WALLA COUNTY WALLA WALLA COUNTY FIRE DISTRICT WALLA WALLA PORT OF WALLA WALLA SD 140 WASHINGTON ASSOCIATION WASHINGTON COUNTIES RISK POOL WASHINGTON FIRE COMMISSIONERS ASSOC WASHINGTON HEALTH CARE ASSOCIATION WASHINGTON PUBLIC AFFAIRS NETWORK WASHINGTON STATE MIGRANT COUNCIL WEST VALLEY SCHOOL DISTRICT 208 WEST VALLEY SCHOOL DISTRICT 363 WESTERN FOUNDATION THE WHATCOM CONSERVATION DIST WHATCOM COUNTY WHATCOM COUNTY FIRE DISTRICT WHATCOM COUNTY RURAL LIBRARY DIST WHIDBEY GENERAL HOSPITAL WHITMAN COUNTY WHITWORTH WATER WILLAPA COUNSELING CENTER WILLAPA VALLEY SCHOOL DISTRICT 160 WILLAPA VALLEY WATER DISTRICT WINLOCK SCHOOL DISTRICT 232 WOODINVILLE FIRE & LIFE SAFETY DIST WOODLAND PORT OF YAKIMA COUNTY YAKIMA COUNTY FIRE DISTRICT YAKIMA COUNTY REGIONAL LIBRARY YAKIMA SCHOOL DISTRICT 7 YAKIMA VALLEY FARMWORKERS CLINIC YAKIMA-TIETON IRRIGATION DISTRICT YELM COMMUNITY SCHOOL DISTRICT YMCA - TACOMA PIERCE COUNTY YMCA OF GREATER SEATTLE *Washington State cities and other unnamed Washington State local and municipal agencies may also utilize the resulting Master Price Agreement; provided they enter into the Intergovernmental Cooperative Purchasing Agreement. ATTACHMENT H LOCAL GOVERNMENT UNITS BY STATE Oregon’s Incorporated Cities ADAIR VILLAGE ADAMS ADRIAN ALBANY AMITY ANTELOPE ARLINGTON ASHLAND ASTORIA ATHENA AUMSVILLE AURORA BAKER CITY BANDON BANKS BARLOW BAY CITY BEAVERTON BEND BOARDMAN BONANZA BROOKINGS BROWNSVILLE BURNS BUTTE FALLS CANBY CANNON BEACH CANYON CITY CANYONVILLE CARLTON CASCADE LOCKS CAVE JUNCTION CENTRAL POINT CHILOQUIN CLATSKANIE COBURG COLUMBIA CITY CONDON COOSBAY COQUILLE CORNELIUS CORVALLIS COTTAGE GROVE COVE CRESWELL CULVER DALLAS DAMASCAS DAYTON DAYVILLE DEPOE BAY DETROIT DONALD DRAIN DUFUR DUNDEE DUNES CITY DURHAM EAGLE POINT ECHO ELGIN ELKTON ENTERPRISE ESTACADA EUGENE FAIRVIEW FALLS CITY FLORENCE FOREST GROVE FOSSIL GARBALDI GASTON GATES GEARHART GERVAIS GLADSTONE GLENDALE GOLD BEACH GOLD HILL GRANITE GRANTS PASS GRASS VALLEY GREENHORN GRESHAM HAINES HALFWAY HALSEY HAPPY VALLEY HARRISBURG HELIX HEPPNER HERMISTON HILLSBORO HINES HOOD RIVER HUBBARD HUNTINGTON IDANHA IMBLER INDEPENDENCE IONE IRRIGON ISLAND CITY JACKSONVILLE JEFFERSON JOHN DAY JOHNSON CITY JORDAN VALLEY JOSEPH JUNCTION CITY KEIZER KING CITY KLAMATH FALLS LA GRANDE LAPINE LAFAYETTE LAKE OSWEGO LAKESIDE LAKEVIEW LEBANON LEXINGTON LINCOLN CITY LONEROCK LONG CREEK LOSTINE LOWELL LYONS MADRAS MALIN MANZANITA MAUPIN MAYWOOD PARK MCMINNVILLE MEDFORD MERRILL METOLIUS MILLCITY MILLERSBURG MILTON- FREEWATER MILWAUKIE MITCHELL MOLALLA MONMOUTH MONROE MONUMENT MORO MOSIER MT ANGEL MT VERNON MYRTLE CREEK MYRTLE POINT NEHALEM NEWBERG NEWPORT NORTH BEND NORTH PLAINS NORTH POWDER NYSSA OAKLAND OAKRIDGE ONTARIO OREGON CITY PAISLEY PENDLETON PHILOMATH PHOENIX PILOT ROCK PORT ORFORD PORTLAND POWERS PRAIRIE CITY PRESCOTT PRINEVILLE RAINIER REDMOND REEDSPORT RICHLAND RIDDLE RIVERGROVE ROCKAWAY BEACH ROGUE RIVER ROSEBURG RUFUS SALEM SANDY SCAPPOUSE SCIO SCOTT MILLS SEASIDE SENECA SHADY COVE SHANIKO SHERIDAN SHERWOOD SILETZ SILVERTON SISTERS SODAVILLE SPRAY SPRINGFIELD ST HELENS ST PAUL STANFIELD STAYTON SUBLIMITY SUMMERVILLE SUMPTER SUTHERLIN SWEET HOME TALENT TANGENT THE DALLES TIGARD TILLAMOOK TOLEDO TROUTDALE TUALATIN TURNER UKIAH UMATILLA UNION UNITY VALE VENETA VERNONIA WALDPORT WALLOWA WARRENTON WASCO WATERLOO WESTLINN WESTFIR WESTON WHEELER WILLAMINA WILSONVILLE WINSTON WOOD VILLAGE WOODBURN YACHATS YAMHILL YONCALLA This may not be a complete list of all Oregon cities, but all other Oregon cities shall be incorporated by this reference. Hawaii’s Counties Hawaii Honolulu Kalawao Kaua’i Maui Bid to Purchase Used Equipment Date 6/20/2025 Bid No. P20952 Vendor North Palm Beach Fire Rescue Scott Freseman 560 U.S. Highway 1 North Palm Beach, FL 33408 Ship To DALMATIAN FIRE EQUIPMENT LLC 75 OAK AVE Eaton, CO 80615-3593 DALMATIAN FIRE EQUIPMENT LLC Ordered By David Terms Net 60 Ship Via BEST Tracking NumberIn Transit BID EXPIRES ON 7/20/2025 Total Vendor Phone (561) 904-2132 Vendor Fax Vendor E-mail sfreseman@village-npb.org 75 Oak Avenue Eaton, CO 80615 Phone: 800-436-6450 Fax: 888-436-6451 purchasing@dalmatianfire.com www.DalmatianFire.com U.S.A 4. PACKAGING, DAMAGE AND LOSS - Vendor agrees to properly package equipment for shipping, and accept insurance proceeds as payment in full for damage or loss. 5. DALMATIAN PAYS SHIPPING - Dalmatian agrees to send a truck at Dalmatian's expense to pick-up when ready. Should you have any questions, please call, fax or e-mail me at purchasing@dalmatianfire.com TERMS AND CONDITIONS OF THIS BID TO PURCHASE USED EQUIPMENT 1. EQUIPMENT ACCEPTANCE - All equipment values listed here are estimated based on descriptions and lists provided by Vendor (above). Final price will be determined at time of receipt and inspection based on actual items received. 2. TO RECEIVE FULL VALUE - All equipment must include all normal components in repairable condition. Repairable is defined as: cylinders must pass hydrostatic test; mask lenses must not have deep scratches or cracks; HUD devices and electronics must function. Components not meeting these requirements will be treated as scrap, and the value proportionately reduced. 3. BID EXPIRES IN 30 DAYS - This Bid to Purchase is valid only if signed and returned within 30 days. Vendor agrees to ship equipment within 30 days of signing. CANADA PURCHASE ORDER ACCEPTANCE I accept the terms below, verify my authorization by Vendor to accept the terms and approve this bid with my signature.NAME SIGNATURE DATE Used Equipment Description Rcv'dQtyRate Amount MSA 4.5 M7 XT FireHawk CBRN 2013 Spec SCBA, PTC, QDC, Padded Lumbar, fire-rated, USED 0 26 50.00 1,300.00 MSA UltraElite Face Mask High-Heat, Med #7 - Cleaned & Tested 0 54 10.00 540.00 MSA 60/4500-13 Carbon Fiber, No Valve Cylinder, Used 0 3 50.00 150.00 MSA 45/4500-22 Stealth, Carbon Fiber, No Valve, Cylinder-USED 0 1 350.00 350.00 MSA 45/4500-21 Stealth, Carbon Fiber, No Valve, Cylinder-USED 0 9 350.00 3,150.00 MSA 45/4500-19 Stealth, Carbon Fiber, No Valve, Cylinder-USED 0 5 350.00 1,750.00 MSA 45/4500-13 Stealth, Carbon Fiber, No Valve Cylinder-Used 0 35 65.00 2,275.00 MSA 45/4500-12 Stealth, Carbon Fiber, No Valve Cylinder-Used 0 1 40.00 40.00 MSA Cylinder Valve 4.5, Used 0 54 5.00 270.00 Page 1 Bid to Purchase Used Equipment Date 6/20/2025 Bid No. P20952 Vendor North Palm Beach Fire Rescue Scott Freseman 560 U.S. Highway 1 North Palm Beach, FL 33408 Ship To DALMATIAN FIRE EQUIPMENT LLC 75 OAK AVE Eaton, CO 80615-3593 DALMATIAN FIRE EQUIPMENT LLC Ordered By David Terms Net 60 Ship Via BEST Tracking NumberIn Transit BID EXPIRES ON 7/20/2025 Total Vendor Phone (561) 904-2132 Vendor Fax Vendor E-mail sfreseman@village-npb.org 75 Oak Avenue Eaton, CO 80615 Phone: 800-436-6450 Fax: 888-436-6451 purchasing@dalmatianfire.com www.DalmatianFire.com U.S.A 4. PACKAGING, DAMAGE AND LOSS - Vendor agrees to properly package equipment for shipping, and accept insurance proceeds as payment in full for damage or loss. 5. DALMATIAN PAYS SHIPPING - Dalmatian agrees to send a truck at Dalmatian's expense to pick-up when ready. Should you have any questions, please call, fax or e-mail me at purchasing@dalmatianfire.com TERMS AND CONDITIONS OF THIS BID TO PURCHASE USED EQUIPMENT 1. EQUIPMENT ACCEPTANCE - All equipment values listed here are estimated based on descriptions and lists provided by Vendor (above). Final price will be determined at time of receipt and inspection based on actual items received. 2. TO RECEIVE FULL VALUE - All equipment must include all normal components in repairable condition. Repairable is defined as: cylinders must pass hydrostatic test; mask lenses must not have deep scratches or cracks; HUD devices and electronics must function. Components not meeting these requirements will be treated as scrap, and the value proportionately reduced. 3. BID EXPIRES IN 30 DAYS - This Bid to Purchase is valid only if signed and returned within 30 days. Vendor agrees to ship equipment within 30 days of signing. CANADA PURCHASE ORDER ACCEPTANCE I accept the terms below, verify my authorization by Vendor to accept the terms and approve this bid with my signature.NAME SIGNATURE DATE Used Equipment Description Rcv'dQtyRate Amount EQUIPMENT ACCEPTANCE-All vendor equipment values are estimated based on vendor provided descriptions and lists. Final price will be determined at time of receipt and inspection by Dalmatian based on actual items received. To receive full value, all equipment must include all normal components in repairable condition. Repairable is defined as: cylinders must pass hydrostatic test; mask lenses must not have deep scratches or cracks; HUD and all electrical items must function. All components not meeting these requirements will be treated as scrap and value will be proportionately reduced. 0 0.00 0.00 Page 2 Bid to Purchase Used Equipment Date 6/20/2025 Bid No. P20952 Vendor North Palm Beach Fire Rescue Scott Freseman 560 U.S. Highway 1 North Palm Beach, FL 33408 Ship To DALMATIAN FIRE EQUIPMENT LLC 75 OAK AVE Eaton, CO 80615-3593 DALMATIAN FIRE EQUIPMENT LLC Ordered By David Terms Net 60 Ship Via BEST Tracking NumberIn Transit BID EXPIRES ON 7/20/2025 Total Vendor Phone (561) 904-2132 Vendor Fax Vendor E-mail sfreseman@village-npb.org 75 Oak Avenue Eaton, CO 80615 Phone: 800-436-6450 Fax: 888-436-6451 purchasing@dalmatianfire.com www.DalmatianFire.com U.S.A 4. PACKAGING, DAMAGE AND LOSS - Vendor agrees to properly package equipment for shipping, and accept insurance proceeds as payment in full for damage or loss. 5. DALMATIAN PAYS SHIPPING - Dalmatian agrees to send a truck at Dalmatian's expense to pick-up when ready. Should you have any questions, please call, fax or e-mail me at purchasing@dalmatianfire.com TERMS AND CONDITIONS OF THIS BID TO PURCHASE USED EQUIPMENT 1. EQUIPMENT ACCEPTANCE - All equipment values listed here are estimated based on descriptions and lists provided by Vendor (above). Final price will be determined at time of receipt and inspection based on actual items received. 2. TO RECEIVE FULL VALUE - All equipment must include all normal components in repairable condition. Repairable is defined as: cylinders must pass hydrostatic test; mask lenses must not have deep scratches or cracks; HUD devices and electronics must function. Components not meeting these requirements will be treated as scrap, and the value proportionately reduced. 3. BID EXPIRES IN 30 DAYS - This Bid to Purchase is valid only if signed and returned within 30 days. Vendor agrees to ship equipment within 30 days of signing. CANADA PURCHASE ORDER ACCEPTANCE I accept the terms below, verify my authorization by Vendor to accept the terms and approve this bid with my signature.NAME SIGNATURE DATE Used Equipment Description Rcv'dQtyRate Amount EQUIPMENT SHIPMENT PREPARATION-Vendor must package all equipment prior to shipment. All cylinders MUST BE EMPTY AND VALVES OPEN before shipping. Equipment must be put in boxes and boxes securely stacked onto pallets and overwrapped. Shipping labels need to be CLEARLY attached to all four sides of the pallet. When equipment is ready for pickup, call Dalmatian Fire Equipment with all pallet dimensions and estimated weights. Dalmatian will send a truck to pick up the equipment you are selling to us. THE DOT WILL CHARGE FINES OF UP TO $100,000.00 FOR SHIPPING CYLINDERS THAT ARE FULL OF AIR. ANY FINES CHARGED TO DALMATIAN FOR CYLINDERS SENT FULL OF AIR WILL BE CHARGED TO THE VENDOR SHIPPING THE PRODUCT TO DALMATIAN, PLUS ANY ADDITIONAL FEES FOR OVERWEIGHT DUE TO THE WEIGHT OF THE FULL CYLINDERS. YOU WILL BE SENT 3 LABELS TO PUT ONE ON THE SIDE OF EACH PALLET TO IDENTIFY THE PALLET IF IT GETS MISPLACED. IT IS IMPORTANT THAT THEY ARE PLACED IN PLAIN SITE ON THE PALLET AND SECURELY ATTACHED SO THEY DON'T FALL OFF. 0 0.00 0.00 Page 3 USD 9,825.00 April 1, 2025 Chief Scott Freseman North Palm Beach Fire Rescue Dear Chief Freseman: Thank you, North Palm Beach Fire Rescue for your continued support of the MSA product line. This letter confirms that Ten 8 Fire & Safety LLC is the sole authorized distributor of MSA SCBA and SCBA accessories for the Municipal Fire Service Market for Palm Beach County, Florida. In addition, Ten 8 Fire & Safety LLC is the only CARE certified MSA SCBA repair center for the Municipal Fire Service Market for Palm Beach County, Florida. By way of background, in the fire service / first responder markets, MSA imposes specific requirements upon our distributors, which can result in a small number of distributors authorized to call upon a particular region. We impose these requirements because the equipment we manufacture and sell requires the involvement of partners with special knowledge, training and experience. Accordingly, MSA’s distributors are obligated to acquire and maintain extensive knowledge, training, and experience necessary to properly educate, assist and service our end user customers before, during and after the sale. MSA’s fire service / first responder distributor qualification requirements are likewise intended to ensure the highest possible end user customer experience. If you desire additional information about MSA, its product lines, or channel partners, please do not hesitate to contact me. Thank you for your interest in our products. Sincerely, Scott McGuire Manager, North American Sales Channels Phone: 724-742-8028 Email: scott.mcguire@MSAsafety.com 2 1 G a m m a TEN-8 FIRE & SAFETY, LLC QUOTATION 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 USA Phone: 800-228-8368 Fax: 941-756-2598 Document Date Page Customer No. Federal Tax ID - Business Partner PO Number Delivery Address 1/4 - C00716 07/22/25 858012846341C-6 Amended Quote Number 231054123 Sell To: Higgins, Mark P Sales Employee mhiggins@ten8fire.com Email NORTH PALM BEACH FIRE DEPT. 560 U.S. Highway 1 NORTH PALM BEACH FL 33408 USA NORTH PALM BEACH FIRE DEPT. 560 U.S. HIGHWAY 1 NORTH PALM BEACH FL 33408-4906 USA EmailDocument Owner Higgins, Mark P mhiggins@ten8fire.com Description Quantity UoM Price TotalVendor *** MSA G1 SCBA - NFPA-2025 COMPLIANT VERSION PRICING AND MAXIMUM GUARANTEED RETAIL PRICE ONE TIME ADJUSTMENT *** PRICED PER NPP.GOV MASTER PRICE AGREEMENT & CONTRACT PS20125, EXPIRES 03/26/2026 EA 11,384.60 341,538.00G1 SCBA HP Configuration Options: 30A-G1FS444MD2C6LG R MSA SAFETY SALES, LLC Contract: NPPGov - List Price: $15,524.46 LESS 25.00% = $11,643.35 SYSTEM PRESSURE: 4 - 4500 PSIG CYLINDER CONNECTION:4 - CGA QUICK CONNECT REMOTE CONNECTION HARNESS: 4 - SERVICABLE TUNNEL W/ CHEST STRAP CRADLE TYPE: M - METAL BAND LUMBAR TYPE: D - ADJUSTABLE SWIVELING LUMBAR, SOLID BUCKLE REGULATOR TYPE: 2 - SOLID COVER LEFT SHOULDER REGULATOR HOSE_TYPE: C - CONTINOUS EMERGENCY BREATHING_SUPPORT: 6 - UNIVERSAL EXTENDAIRE II & HOSE & POUCH SPEAKER MODULE: L - LEFT CHEST PASS: G - PASS TELEMETRY RIGHT SHOULDER W/ INTEGRATED TIC BATTERY TYPE: R - RECHARGABLE *** DOES NOT INCLUDE: MASK & CYLINDER *** EA 800.00 24,000.00iTIC 10 YEAR EXTENDED WARRENTY 30iTIC 10YR MSA SAFETY SALES, LLC Contract: NPPGov - List Price: $800.00 LESS 0.00% = $800.00 EA 487.12 24,356.00Fcpc, G1, FS, MD, MD NC, 4PT C-HARN,C-NS 5010161810 MSA SAFETY SALES, LLC Contract: NPPGov - List Price: $664.25 LESS 25.00% = $498.19 EA 1,508.47 90,508.20CYL,G1 LP RC,4500 PSIG, 45MINS W/QC 6010175708 MSA SAFETY SALES, LLC Contract: NPPGov - List Price: $2,057.00 LESS 25.00% = $1,542.75 *** MSA G1 RIT SYSTEM *** EA 5,134.80 25,674.00G1 RIT System, 4500, FCPC, Reg, 6-Ft Q-F,UEBSS 510206313 MSA SAFETY SALES, LLC Contract: NPPGov - List Price: $7,002.00 LESS 25.00% = $5,251.50 All returns must be initiated within 30 days of receipt of product and will be charged a restocking fee. Contact your sales representative to receive a Return Materials Authorization (RMA). Special order parts are not returnable. Full terms and conditions for returns can be found on our website at https://ten8fire.com/return-policy/ "If any tax, public charge, tariff or duty, is modified assessed, levied with respect to this sale then the burden of such charge or change shall be borne by the Customer. - please access the link below for our full terms and conditions." 2/4 Page 07/22/25 Document Date 231054123 Quote Number Amended QUOTATION Currency: $ Description Quantity UoM Price TotalVendor G1 RIT System, 4500, FCPC, Regulator, 6-Ft Quick-Fill & ExtendAire II Systems (UEBSS, 2018 ed.), remote gauge, URC, Quick-Connect. *** DOES NOT INCLUDE CYLINDER *** EA 1,851.67 9,258.35CYL,G1 RC,4500 PSIG, 60 MINS W/QC 510175710 MSA SAFETY SALES, LLC Contract: NPPGov - List Price: $2,525.00 LESS 25.00% = $1,893.75 EA 316.05 1,580.25L3 LITE-SPEED RIT BAG (RED) 5RBL303 TRUE NORTH GEAR, LLC Contract: NPPGov - List Price: $359.95 LESS 10.00% = $323.96 EA 65.81 329.05L-SERIES RIT ROPE BAG - 200' (rope not included) 5RBL21 TRUE NORTH GEAR, LLC Contract: NPPGov - List Price: $74.95 LESS 10.00% = $67.46 EA 362.19 1,810.95RIT RESPONSE 9MM 200' (61M) 5F090AP0061 STERLING ROPE COMPANY, INC Contract: NPPGov - List Price: $479.99 LESS 15.00% = $407.99 EA 1,851.67 9,258.35CYL,G1 RC,4500 PSIG, 60 MINS W/QC - SPARE 510175710 MSA SAFETY SALES, LLC Contract: NPPGov - List Price: $2,525.00 LESS 25.00% = $1,893.75 *** MSA G1 ACCESSOIRES *** EA 528.67 6,344.04Battery Pack, G1, Rechargeable 1210148741-SP MSA SAFETY SALES, LLC Contract: NPPGov - List Price: $610.00 LESS 15.00% = $518.50 EA 1,023.53 2,047.06G1 LITHIUM ION BATTERY CHARGING STATION 210158385 MSA SAFETY SALES, LLC Contract: NPPGov - List Price: $1,181.00 LESS 15.00% = $1,003.85 EA 977.35 977.35G1 RFID READER/WRITER 110158407 MSA SAFETY SALES, LLC Contract: NPPGov - List Price: $1,128.00 LESS 15.00% = $958.80 EA 59.80 2,392.00TAG ASSY, ELECTRONIC ID, G1 SCBA 4010083875 MSA SAFETY SALES, LLC Contract: NPPGov - List Price: $69.00 LESS 15.00% = $58.65 ea 520.63 1,561.89QUICK DISCONNECT COUPLING x ¼” NPT MALE 3SCBAQD SCBAS, INC. Contract: NPPGov - List Price: $580.00 LESS 15.00% = $493.00 *** PERSONAL ESCAPE SYSTEM *** EA 535.60 10,712.00STERLING FCX TE FIRETECH2 LGT POCKET ESCAPE SYSTEM 20KTFCXFTL9PB STERLING ROPE COMPANY, INC Contract: NPPGov - List Price: $739.99 LESS 15.00% = $628.99 Subtotal:552,347.49 All returns must be initiated within 30 days of receipt of product and will be charged a restocking fee. Contact your sales representative to receive a Return Materials Authorization (RMA). Special order parts are not returnable. Full terms and conditions for returns can be found on our website at https://ten8fire.com/return-policy/ "If any tax, public charge, tariff or duty, is modified assessed, levied with respect to this sale then the burden of such charge or change shall be borne by the Customer. - please access the link below for our full terms and conditions." 3/4 Page 07/22/25 Document Date 231054123 Quote Number Amended QUOTATION Currency: $ Description Quantity UoM Price TotalVendor EA 110,469.50 110,469.50A MGRP (MAXIMUM GUARANTEED RATIL PRICE) FOR THIS QUOTE WILL NOT EXCEED 20% ($110,569.50) OF THE ORIGIONAL QUOTED PRICE OF $552,347.49. (SEE FORMAL LETTER BELOW) 1MGRP TEN-8 FIRE & SAFETY LLC. *** FREIGHT TO BE DETERMINED AT TIME OF ORDER *** *** DALMATIAN FIRE EQUIPMENT LLC BID TO PURCHASE USED EQUIPMENT *** THIS IS TO CONFIRM THAT THE PURCHASE OF THE USED EQUIPMENT (SCBA) IN QUESTION IS A PRIVATE TRANSACTION BETWEEN DALMATIAN FIRE EQUIPMENT LLC AND NORTH PALM BEACH FIRE RESCUE. TEN-8 FIRE & SAFETY IS NOT A PARTY TO THIS TRANSACTION AND IS NOT INVOLVED IN THE NEGOTIATION, PURCHASE, OR TRANSFER OF OWNERSHIP. ALL TERMS, CONDITIONS, AND RESPONSIBILITIES RELATED TO THE SALE PER BID P20952, INCLUDING PAYMENT, DELIVERY, AND WARRANTY (IF ANY), ARE SOLELY BETWEEN DALMATIAN FIRE EQUIPMENT LLC AND NORTH PALM BEACH FIRE RESCUE. WE ARE PROVIDING THIS INFORMATION FOR CLARIFICATION PURPOSES ONLY AND CANNOT GARANNTTEE THE FINAL VALUE OF THE USED EQUIPMENT OFFERED BY DALMATIAN FIRE EQUIPMENT LLC. SHOULD YOU REQUIRE ANY ADDITIONAL INFORMATION, PLEASE FEEL FREE TO CONTACT ME DIRECTLY. DALMATIAN FIRE EQUIPMENT LLC OFFER AS OF 06/20/2025 - $9,825.00 USED EQUIPMENT DESCRIPTION QTY RATE RECEIVED AMOUNT MSA 4.5 M7 XT FIREHAWK CBRN 26 50.00 0 1,300.00 2013 SPEC SCBA, PTC, QDC, PADDED LUMBAR, FIRE-RATED, USED MSA ULTRAELITE FACE MASK 54 10.00 0 540.00 HIGH-HEAT, MED #7 - CLEANED & TESTED MSA 60/4500-13 CARBON FIBER, NO 3 50.00 0 150.00 VALVE CYLINDER, USED MSA 45/4500-22 STEALTH 1 350.00 0 350.00 CARBON FIBER, NO VALVE, CYLINDER-USED MSA 45/4500-21 STEALTH 9 350.00 0 3,150.00 CARBON FIBER, NO VALVE, CYLINDER-USED MSA 45/4500-19 STEALTH 5 350.00 0 1,750.00 CARBON FIBER, NO VALVE, CYLINDER-USED MSA 45/4500-13 STEALTH 35 65.00 0 2,275.00 CARBON FIBER, NO VALVE CYLINDER-USED MSA 45/4500-12 STEALTH 1 40.00 0 40.00 CARBON FIBER, NO VALVE CYLINDER-USED MSA CYLINDER VALVE 4.5, USED 54 5.00 0 270.00 TOTAL: 9,825.00 ******************************************************************************************** All returns must be initiated within 30 days of receipt of product and will be charged a restocking fee. Contact your sales representative to receive a Return Materials Authorization (RMA). Special order parts are not returnable. Full terms and conditions for returns can be found on our website at https://ten8fire.com/return-policy/ "If any tax, public charge, tariff or duty, is modified assessed, levied with respect to this sale then the burden of such charge or change shall be borne by the Customer. - please access the link below for our full terms and conditions." 4/4 Page 07/22/25 Document Date 231054123 Quote Number Amended QUOTATION Currency: $ Subtotal:$ 662,816.99 Total Before Tax:$ 662,816.99 Total Tax Amount:$ 0.00 Total Amount: $ 662,816.99 Shipping: Valid Until: 04/17/2026 All returns must be initiated within 30 days of receipt of product and will be charged a restocking fee. Contact your sales representative to receive a Return Materials Authorization (RMA). Special order parts are not returnable. Full terms and conditions for returns can be found on our website at https://ten8fire.com/return-policy/ "If any tax, public charge, tariff or duty, is modified assessed, levied with respect to this sale then the burden of such charge or change shall be borne by the Customer. - please access the link below for our full terms and conditions." July 17, 2025 Chief Scott Freseman North Palm Beach Fire Rescue 560 US Hwy 1 North Palm Beach, FL 33408 Dear Chief Freseman, Ten-8 Fire & Safety is pleased to continue our partnership with North Palm Beach Fire Rescue in providing SCBA’s to your department. Due to the upcoming 2025 NFPA standard change and MSA price increases for January 2026 our pricing quoted cannot be guaranteed. To address these pricing concerns, the quote will remain valid for 9 months and will be subject to a one-time price adjustment. Once MSA announces the NFPA product price and the January 1st, 2026, price increase, Ten-8 will provide a firm quote. A MGRP (Maximum Guaranteed Retail Price) for this quote will not exceed 20% ($110,569.50) of the original quoted price $552,347.49. Original SCBA Price - $552,347.49 + 20% ($110,469.50) = $662,816.99 Maximum Guaranteed Retail Price = $662,816.99 We do appreciate the opportunity to serve your department. Please don’t hesitate to reach out if you have any questions. Sincerely, Cindy Morgan VP of Equipment Sales VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Jamie Mount, P.E., Assistant Director of Public Works DATE: August 14, 2025 SUBJECT: RESOLUTION – Acceptance of bid from Boulder Construction, LLC for paving and drainage improvements on Riverside Road and Eastwind Drive and authorizing execution of a Contract Background & Project Scope: The Village of North Palm Beach solicited bids from qualified firms to provide construction services in accordance with the terms, conditions, and specifications outlined in the Invitation to Bid (ITB) for drainage and paving improvements in the cul-de-sac of Riverside Road and along portions of Eastwind Drive. Over the years, Riverside Road has experienced significant pavement settlement, resulting in poor driveway conditions and drainage issues. Eastwind Drive, just south of Ebbtide Drive, is prone to frequent flooding due to substantial offsite stormwater runoff. The scope of work includes the demolition and removal of existing asphalt in areas affected by pavement settlement, potential removal of unsuitable materials, installation of new drainage infrastructure, backfilling, and re-paving. Additional improvements include sidewalk and swale work— incorporating ADA-compliant upgrades—as well as milling and resurfacing of the existing roadways. Procurement: In accordance with the Village’s purchasing policies, the Village initiated a competitive bidding process through the issuance of an ITB. A total of eight (8) bids were received, ranging from $203,044.60 to $679,443.60. Boulder Construction, LLC submitted the lowest responsive and responsible bid. Recommend for Award & Project Cost: Boulder Construction, LLC submitted a proposal totaling $203,044.60. After a comprehensive review by the Village’s Engineering Consultant, Engenuity Group, it was determined that Boulder’s bid was complete and that the firm has successfully completed similar projects for other area municipalities. Based on this evaluation, Village staff recommends awarding the contract to Boulder Construction, LLC. Due to the nature of the work, Village staff also recommends a project contingency of approximately 20%, or $41,000.00, bringing the total requested project budget to $244,044.60. The attached Resolution and Contract have been prepared and reviewed for legal sufficiency by the Village Attorney. Account Information: Fund Department / Division Account Number Account Description Amount Infrastructure Surtax Public Works / Streets & Grounds I7321- 66210 Constr. & Major Renovation $203,044.60 Contingency $41,000.00 Total w/ Contingency $244,044.60 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution accepting the proposal from Boulder Construction, LLC for construction services related to Riverside Road and Eastwind Drive improvements, in an amount not to exceed $203,044.60 ($244,044.60 including contingency), with funds expended from Account No. I7321-66210 (Streets & Grounds – Construction & Major Renovation) and authorizing the Mayor and Village Clerk to execute the Contract for such services in accordance with Village policies and procedures. RESOLUTION 2025- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING A BID PROPOSAL FROM BOULDER CONSTRUCTION, LLC FOR PAVING AND DRAINAGE IMPROVEMENTS ON RIVERSIDE ROAD AND EASTWIND DRIVE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff issued an Invitation to Bid for Riverside Road Cul-De-Sac and Eastwind Drive Roadway Improvements; and WHEREAS, the Village received eight bid proposals in response to the ITB, and Village Staff recommended acceptance of the lowest responsive and conforming bid proposal submitted by Boulder Construction, LLC; and WHEREAS, the Village Council wishes to execute a Contract with Boulder Construction, LLC and determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the bid proposal submitted by Boulder Construction, LLC for paving and drainage improvements to Riverside Road and Eastwind Drive at a cost not to exceed $203,044.60, with funds expended from Infrastructure Surtax Account No. I7321-66210 (Public Works/Streets and Grounds – Construction and Major Renovation). Including contingency, the total project budget shall be $244,044.60. The Village Council further authorizes the Mayor and Village Clerk to execute a Contract for such services, a copy of which is attached hereto and incorporated herein. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2025. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page | 1 CONTRACT THIS CONTRACT is hereby made and entered into this ____ day of ____________, 2025, (“Effective Date”) by and between the Village of North Palm Beach, a municipal corporation organized and existing under the laws of the State of Florida (“Village”), whose address is 501 U.S. Highway One, North Palm Beach, Florida 33408, and Boulder Construction, LLC, a Florida limited liability company (“Contractor”), whose address is 4674 Dyer Boulevard, Riviera Beach, Florida 33407. WHEREAS, the Village desires to retain the services of the Contractor to provide the goods and services in accordance with the Village’s Invitation to Bid No. 2025-PW-02 (Riverside Road Cul-De-Sac and Eastwind Drive Roadway Improvements), and the Contractor’s response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, Contractor and the Village agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Contract shall include and amendments hereto and shall incorporate the terms, conditions, and specifications set forth in the Village’s Invitation to Bid No. 2025-PW-02 (Riverside Road Cul-De-Sac and Eastwind Drive Roadway Improvements), and Contractor’s response to the Invitation to Bid, including all documentation required thereunder (the “Contract Documents”). In resolving conflicts in any of the Contract Documents, the order of contract precedence shall be any amendments to this Contract and then this Contract and then the Village’s Invitation to Bid, and then the Contractor’s response to the Invitation to Bid. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the Village’s Invitation to Bid, which are incorporated herein by reference (“Work”). ARTICLE 3. COMPENSATION The Village shall compensate Contractor in accordance with the Bid Proposal submitted in response to the Invitation to Bid, a copy of which is attached hereto and incorporated herein, and pursuant to the terms and specifications set forth in the Invitation to Bid. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Contract shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: i. As to the Village: Village of North Palm Beach 501 US Highway One North Palm Beach, Florida 33408 Attn: Village Manager - Chuck Huff Email: Chuff@Village-npb.org ii. with a copy to: Village of North Palm Beach 645 Prosperity Farms Road North Palm Beach, Florida 33408 Attn: Assistant Director Public Works -Jamie Mount Page | 2 Email: JMount@Village-npb.org iii. As to Contractor: Boulder Construction, LLC 4674 Dyer Boulevard Riviera Beach, Florida 33407 Attn.: Joseph Sarquis, Authorized Member Email: joe@boulderconstructions.com b. Headings. The headings contained in this Contract are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Contract. c. Effective Date. The effective date of this Contract shall be as of the date it has been executed by both the parties hereto. d. Preparation. This Contract shall not be construed more strongly against either party regardless of which party was more responsible for its preparation. e. Counterparts: This Contract and all and amendments thereto may be executed in two or more counterparts, each of which shall be deemed to be an original, but each of which together shall constitute one and the same instrument. ARTICLE 5. CONTRACT TERM a. This Contract shall remain in effect until such time as the Work is completed, inspected, and accepted by the Village, provided, however, that any obligations of a continuing nature shall survive the expiration or termination of the Contract. b. The services provided by Contractor shall be commenced subsequent to execution and approval of this Contract by the Village and upon written notice from the Village to Contractor to proceed and shall be completed within (120) calendar days. ARTICLE 6. E-VERIFY Contractor warrants and represents that Contractor and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. Contractor has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with unauthorized aliens. If the Village has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes, the Village shall terminate this Contract pursuant to Section 448.095(5), Florida Statutes, as may be amended. If the Village has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but Contractor has otherwise complied, it shall notify Contractor, and Contractor shall immediately terminate its contract with the subcontractor. ARTICLE 7. PUBLIC RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; Page | 3 NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, Contractor shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, Contractor shall: a. Keep and maintain public records required by the Village to perform the service. b. Upon request from the Village’s custodian of public records, provide the Village with a copy 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, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the Village. d. Upon completion of the Contract, transfer, at no cost, to the V illage all public records in possession of Contractor or keep and maintain public records required by the Village to perform the services. If Contractor transfers all public records to the Village upon completion of the Contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Village, upon request from the Village’s custodian of public records, in a format that is compatible with the information technology systems of the Village. IN WITNESS WHEREOF, the parties have executed this Contract on the dates hereinafter written. VILLAGE OF NORTH PALM BEACH [SEAL] By: ______________________________________ Deborah Searcy, Mayor ATTEST: By: ____________________________ Jessica Green, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ____________________________ Village Attorney Page | 4 CONTRACTOR BOULDER CONSTRUCTION, LLC, By: ______________________________________ Print Name: ________________________________ Title: _____________________________________ WITNESS: By: ___________________________________ Print Name: ____________________________ AFFIDAVIT 1. I am over 18 years of age and otherwise competent to affirm the matters set forth in this Affidavit, which are based on my personal knowledge. 2. I am an officer or authorized representative of Boulder Construction, LLC. 3. Boulder Construction, LLC does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. Under the penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true. By: __________________________________ Print Name: Title: BID SUBMITTAL Village of North Palm Beach ITB 2025 -PW -02 Advertisement Date — lune 6, 2025 THIS PAGE and all following pages comprise your original Bid Submittal package. Please also attach any additional Information or documentation requested in this Invitation to Bid. There is no need to include the preceding Sections 1, 2, and 3 In your Bid Submittal package. INSTRUCTIONS Sealed Bids must be received on or before the due date and time (local time) at the office of the Village Clerk, 501 U.S. Highway One, North Palm Beach, Florida 33408, Normal Village business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All Bids will be publicly opened and read aloud at Village Hall. Each Bid submitted to the Village Clerk shall have the following information clearly marked on the face of the envelope: The Bidder's name, return address, due date for Bids, and titled "ITB 2025 -PW -02, Riverside Road Cul -De -Sac and Eastwind Drive Drainage Improvements". Included in the envelope shall be one (1) original and one (1) electronic version on CD or a thumb drive in a usable PDF format. If the Solicitation Summary is not included in the envelope as a hard copy, the Village may deem your Bid non-responsive. The original should be marked "ORIGINAL", and the electronic copy must be identical to the original. In the event of any discrepancy between the original bid and the electronic copy, the original bid shall be the governing document. Bids must contain all information required to be included in the submittal, as described in the Solicitation. Invitation to Bid: Riverside Road Cul -De -Sac and Eastwind Drive Drainage Improvements Due Date and Time: Tuesday, July 8, 2025 at 2:00 p.m. local time Boulder Construction Name of Bidder Page 120 Village of North Palin Beath ITB 2025-Pw-02 Advertisement Date – June 6, 2025 SECTION 4 COMPANY SUMMARY INFORMATION AND PRICING SUMMARY INFORMATION To be considered for evaluation to be added to the Vendor Pool, the Bidder must submit the following Company Summary information. Name of Firm: Boulder Construction Owner or Principal: Joseph Sarquis - Authorized Member Years in Business: 4 Number of Employees: 12 Name of Primary Contact: Joseph Sarquis Telephone of Primary Contact: 561-404-5050 NOTE: The Bidder shall attach additional information demonstrating they: a are a licensed and bonded General Contractor within Florida. PRICING SCHEDULE - PRICES AND RATES The Bidder must offer a price on all items being bid. See schedule on following page. Prepare bids on the Bid Form provided with all blanks on the Bid Form filled in by typewriter or written in ink. Page 121 Rom DeSantis, Governor Meanie S. Griffin, Secretary h a dor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. CONSTRUCTION INDUSTRY ;LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 4819, FLORIDA STATUTES S ARQU is, JOSEPH BOULDER CONSTRUCTION, LLC 4f 74 DYERid' h', aaRIVIERABEACHFL3307 '7 LICENS PW'UMIiER. CGC1534310 ea .xmxox rwww. orxeuuuxr xxa u.yr EXPIRATION DATE: AUGUST 31, 202.6 Always verify licenses online at MyFloridaLicense.com i • ISSUED: 05/07/2025 4. L)rj not alter this document in any form. v This is your license. It is unlawful for anyone other than the licensee to use this document. Village of North Palm Beach ITB 2025 -PW -02 Advertisement Date — June 6, 2025 SECTION 5 PROJECT BID FORMS Page 1 22 e BID FORM 03045.194- Riverside Road Cul -De -Sac Improvements em Description Unit Quantity Unit Cosf Total 1 2 3 Mobilization Maintenance of Traffic Pollution Prevention LS LS LS 1 1 4 000 30W I 000 q pC0 3 Ova J 4 5 Demolition Staking and Record Drawings LS LS 1 1 Soo& Sova So04j ssop — 6 7 8 9 Excavation Embankment 2" Type SP -9.5 Asphaltic Concrete 12" Compacted Subgrade CY CY SY SY 66 155 180 180 L 2 5 2 2 140 1 S 3 S 3 160" 200 10 11 8" Baserock w/ Prime coat Milling and Resurfacing w/ 1" SP -9.5 Asphalt SY SY 180 535 28 2 q 0 yo'= Z V99 12 4" Thick Concrete Sidewalk/Pad SY 94 100 00 13 14 6" Thick Concrete Driveway Driveway Restoration Pavers SY SY 88 551- 7- S s . 15 Inlets, DT Bot, Type C, <10' EA 2 6200 y0o' 16 18" RCP - Drainage Pipe LF 22 1 -LZ 17 6' Wide Exfiltration Trench LF 171-42 2 Z 4 18 Removal of Unsuitable Soil CY 1 100 3 300 19 Deeproot UB 48-2 Tree Root Barrier (O.A.E.) LF 25 SS 20 Swale Grading and Re -sodding SY 147 S D S ACIClitional Alternate n 0 T SUBTOTAL 3 2G Contingency (10%) LS 1 J Z 13 TOTA y2,Zs8 Page 1 22 e Village of North Palm Beach ITB 2025 -PW -02 Advertisement Date — lune 6, 2025 TOTAL (e D, -7 SG - Page 1 23 BID FORM 03045.192 - Eastwind Drive Improvements Description Unit Quantity Unit Cost—T Total m 0-1 D-2 Mobilization Maintenance of Traffic LS 1 3 OD 3 SOO D-3 Pollution Prevention LS LS 1 S00 SOO D-4 Clearinc &Grubbing LS 1 OOb OOd D-5 Staking and Record Drawings LS 1 Od0 000 D-6 Excavation 1 Z $ 00 SO 0 D-7 2" Type SP -9.5 Asphaltic Concrete CY SY 80 48 2 } D-8 Milling and Resurfacing w/ 1" SP -9.5 Asphalt SY 595 f S Z I D-9 8" Baserock w/ Prime coatOSY48 2 J-10 12" Compacted Subgrade SY 48 a 3 _ 5-11 Inlets. DT Bot, Type C, <10' 2 4 O O J-12 18" RCP Pipe LF 76 Z e0 1 2 yoa' 5-13 Pavement Markings LS 1 Z 2 1 5-14 Sidewalk Restoration SY 6 ob 5-15 Detectable Warning Su ace EAZ 2 22- 360 o - SUBTOTAL Z Go -: TOTAL (e D, -7 SG - Page 1 23 Village of North Palm Beach ITB 2025 -PW -02 Advertisement Date —June 6, 2025 SECTION 6 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: List below the dates of issue for each addendum received in connection with this Solicitation: Addendum #1, Dated June 16, 2025 Addendum #2, Dated June 16, 2025 Addendum #3, Dated June 23, 2025 Addendum #4, Dated June 25, 2025 July 2, 2025 Addendum #5, Dated July 2, 2025 Addendum #6, Dated Addendum #7, Dated July 10, 2025 Addendum #8, Dated S 1Y 14/ 20,Z1 Addendum #9, Dated s i, IG Zol S Addendum #10, Dated PART EL NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION Boulder Construction firm Name Signature Joseph Sarquis, Authorized Member Name and Title (Print or Type) Date 07/14/2025 Page 124 Village of North Palm Beach ITB 2025 -PW -02 Advertisement Date — June 6, 2025 SECTION 7 BID SUBMITTAL SIGNATURE PAGE By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the Village, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Boulder Construction Street Address: 4674 Dyer Blvd. Riviera Beach, FL 33407 Mailing Address (if different than Street Address): PO Box 16955, West Palm Beach, FL 33416 Telephone Number(s): 561-404-5050 Fax Number(s): Email Address: Joe@boulderconstructions.com Federal Employer Identification Number: 86-1983338 Prompt Payment Terms: % days' net days Signature: Signature of authorized agent) Print Name: Joseph Sarquis Title: Authorized Member By signing this document, the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER, FOR NOT LESS THAN 90 DAYS, AND THE BIDDER'S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS INVITATION TO BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE, BY AN AUTHORIZED REPRESENTATIVE, SHALL RENDER THE BID NON-RESPONSIVE. THE VILLAGE MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Page 125 Village of North Palm Beach RB 2025 -PW -02 Advertisement Date — June 6, 2025 SECTION 8 AFFIDAVITS, PERFORMANCE AND PAYMENT BONDS FORMAT, LETTER OF CREDIT FORMAT 7.1 AFFIDAVITS The forms listed below must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents a binding commitment upon the Bidder to provide the goods and/or services offered to the Village if the Bidder is determined to be the lowest responsive and responsible Bidder. a. Conflict of Interest Disclosure Form b. Notification of Public Entity Crimes Law Drug -Free Work Place d. Sworn Statement on Discrimination e. Scrutinized Vendor Certification f. Trench Safety Affidavit [if applicable] g. Non -Collusion Affidavit Page 126 Village of North Palm Beach ITB 2025 -PW -02 Advertisement Date—lune 6, 2025 CONFLICT OF INTEREST DISCLOSURE FORM The award of this Contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bids: the name of any officer, director, or agent who is also an employee of the Village of North Palm Beach. Furthermore, all Bidders must disclose the name of any Village employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the Bidder's firm or any of its branches. The purpose of this disclosure form is to give the Village the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this Contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any Village duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: X To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, Contracts, or property interest for this Bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, Contracts, or property interest for this Bid. Acknowledged by: Boulder Construction Firm Name Signature Joseph Sarquis, Authorized Member Name and Title (Print or Type) 07/14/2025 Date Page 127 Village of North Palm Beach ITS 2025 -PW -02 Advertisement Date — lune 6, 2025 NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted Contractors list following a conviction for a public entity crime may not submit a Bid gn a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases or real property to a public entity, may not be awarded or perform work as a Contractor, supplier, sub -vendor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted Contractors list. Acknowledged by: Boulder Construction Firm Name Signature Joseph Sarquis, Authorized Member Name and Title (Print or Type) 07/14/2025 Date Page 128 DRUG-FREE WORKPLACE Boulder Construction Village of North Palm Beach ITB 2025 -PW -02 Advertisement Date — lune 6, 2025 is a drug-free workplace and has Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Boulder Construction Firm Name Signature Joseph Sarquis, Authorized Member Name and Title (Print or Type) 07/14/2025 Date Page 129 Village of North Palm Beach rrB 2025 -PW -02 Advertisement Date—June 6, 2025 SWORN STATEMENT PURSUANT TO SECTION 287.134(3)(x), FLORIDA STATUTES, ON DISCRIMINATION This sworn statement is submitted to the Village of North Palm Beach, Florida by Joseph Sarquis print indiAdual's name and title) for Boulder Construction print name of entity submitting sworn statement) whose business address is 4674 Dyer Blvd. Riviera Beach, FL 33407 and (if applicable) its Federal Employer Identification Number (FEIN) is: 86-1983338 If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ) 2. I understand that "discrimination" as defined in Section 287.134(1)(b), Florida Statutes, means a determination of liability by a state circuit court or federal district court for a violation of any state or federal law prohibiting discrimination on the basis of race, gender, national origin, disability, or religion. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of an entity that discriminated; or b. An entity under the control any natural person who is active in the management of the entity that discriminated. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another entity, or the pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one entity controls another entity. 4. I understand that an "entity" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. 5. Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. Indicate which statement applies) X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been placed on the discriminatory vendors list. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been placed on the discriminatory vendors list. Page 130 Village of North Palm Beach ITS 2025 -PW -02 Advertisement Date —June 6, 2025 The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been placed on the discriminatory vendors list. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the discriminatory vendors list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT i AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature) The foregoing document was sworn and subscribed before me by means of physical presence or online notarization this J 1 day of l , 202Gby R&,PV1 Sa(Q i A i S , who is personally known tome or produced as identification. Notary Public My Commission Expires:j Notary Public State of FIerWe Emma Hamilton ull My Commission NM 612128 Expires s/s/2o2f Page 131 Vllla`e of North Palm Beach ITS 2025 -PW -02 Advertisement Date — lune 6, 2025 SCRUTINIZED VENDOR CERTIFICATION PURSUANT TO SECTION 287.135, FLORIDA STATUTES This sworn statement is submitted to the Village of North Palm Beach, Florida by Joseph Sarquis print indiNidual's name and title) for Boulder Construction print name of entity submitting sworn statement) whose business address is 4674 Dyer Blvd. Riviera Beach, FL 33407 and (if applicable) its Federal Employer Identification Number (FEIN) is: 86-1983338 If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ) I hereby certify that the above-named entity: A. Does not participate in the boycott of Israel; and B. Is not on the Scrutinized Companies that Boycott Israel List. 2. If the Contract for goods and services is for more than $1,000,000, I hereby certify that the above- named entity: A. Is not on the Scrutinized Companies with Activities in Sudan List; and B. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sector List; and C. Has not engaged in business operations in Cuba or Syria. Section 287.135, Florida Statutes, prohibits the Village from: (1) contracting with companies for goods or services in any amount if at the time of bidding on, submitting a Bids 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, Florida Statutes, or is engaged in a boycott of Israel; and (2) contracting with companies, for goods or services over $1,000,000 that are on the Scrutinized Companies with Activities in Sudan List or has been placed on a list created pursuant to Section 215.473, Florida Statutes, relating to scrutinized active business operations in Iran or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of the above-named entity, I hereby certify that the statements set forth above are true and 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. 1 further understand that any contract with the Village for goods or services may be terminated at the option of the Village if the company has been found to have submitted a false certification. Page 132 Village of North Palm Beach RB 2025 -PW -02 Advertisement Date —June 6, 2025 Signature) The foregoing document was sworn and subscribed before me by means of physical presence or online notarization this ILA+Vl day of lA , 20Aby 3pSrSa (Q w ,S, who is personally known to me or produced (//VA Lkyn as identification. Notary Public My Commission Expires: 65 I ? EmallNotary Public State of Florida Emma Hamilton um My Commission MM $72628Expires $15/2029 Page 133 NON -COLLUSION AFFIDAVIT STATE OF Florida COUNT`t' OF Palm Beach village of North Palm Beach ITB 2025 -PW -02 Advertisement Date — June 6, 2025 Before me, the undersigned authority, personally appeared Joseph Sarquis , who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He'She is Authorized Member of Boulder Construction , the Bidder that has submitted a Bid to perform work for the following: ITB No.: ITB-2025-PW-02-0-2025/JM Title: Riverside Road Cul -De -Sac and Eastwind Drive Roadway Improvements b. He'She is fully informed respecting the preparation and contents of the attached Request for Bids, and of all pertinent circumstances respecting such Solicitation. Such Bid is genuine and is not a collusive or sham Bid. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Solicitation and Contract for which the attached Bid has been submitted or to refrain from proposing in connection with such Solicitation and Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the Village or any person interested in the proposed Contract. d_ The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. COW/ 40,- Signature Subscribed and sworn to (or affirmed) before me by means of physical yresence or online notarization this j1..:ya day of 206 by r ^S , who is personally known to me o who has produced "' 15%0wh as identification. Notary SignatureSEAL — Notary Name: Notary Public (State): qui C My Commission No: 2 Expires on: 2 Page 134 Notary Pubtlo State of Florida Emma Hamilton Mir Commission HN 672026 Expires 6/5/2029 Village of North Palm Beach ITS 2025 -PW -02 Advertisement Date — June 6, 2025 TRENCH SAFETY AFFIDAVIT (IF APPLICABLE) Boulder Construction (Bidder) hereby provides written assurance that compliance with applicable Trench Safety Standards identified in the Occupational Safety & Health Administration's Excavation Safety Standards, (OSHA) 29 C.F.R.S. 1926.650 Subpart P will be adhered to during trench excavation in accordance with Florida Statutes 553.60 through 553.64 inclusive (1990), "Trench Safety Act". The undersigned acknowledges that included in the various items of the Bids and in the Total Bid Price are costs for complying with the Florida "Trench Safety Act" as summarized below (attach additional sheets as necessary): Schedule Trench safety Measure Item (Slope, Trench Shield, etc. Cost A,4SK is! Z f6 TOTAL $ S4 1 S Signature) (DA) STATE OF n nr% JOS COUNTYOF [l • • &CUAl Subscribed and sworn to (or affirmed) before me by means of physical presence or online notarization on I L i W\ AaSl Ok Tit 20 2-5(date) by O.}P lih S ame). He/She is personally known to me or has Presented pf rS QY a t ki y-v1cno Ill (type of identification) as identification. Notary Public Signature and Seal Print Notary Name and Commission No. FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON-RESPONSIVE EAmNotary Public Stale of Florida Emma Hamilton My Commlaalon HM By2a2ii Explras 6/6/2029 Page 135 Village of North Palm Beach ITB 2025 -PW -02 Advertisement Date —June 6, 2025 SECTION 10 SOLICITATION SUMMARY The Village of North Palm Beach 645 Prosperity Farms Road North Palm Beach, FL 33408 SOLICITATION SUMMARY IMPORTANT NOTICE The information you provide on this page will be read aloud at the PUBLIC OPENING for this Solicitation. It is VERY IMPORTANT that the summary information you provide below is exactly the same information contained in your Bid. If subsequent to the opening of Bids, the Village determines that the information contained in the electronic version of your Bid is different from the information on this Solicitation Summary, the Village reserves the right to deem your Bid NON- RESPONSIVE, and remove your Bid from further evaluation and consideration for Contract award. BID INFORMATION Invitation To Bid: Due Date and Time: Name of Bidder: Boulder Construction Address: 4674 Dyer Blvd. Riviera Beach, FL 33407 Contact Person: Joseph Sarquis Bid Amount(s): Z a 3, d Y Y G— Authorized Signature: Date: 07/14/2025 By signing and submitting this Solicitation Summary, the Bidder affirms that the information provided above is an exact and correct summary of the information contained in the electronic version of the Bidder's Bid to the Village of North Palm Beach. NOTE: This Solicitation Summary must be signed and included as an ORIGINAL HARDCOPY in the envelope containing your Bid. Page 142 INVITATION TO BID ITB 2025-PW-02 Riverside Road Cul-De-Sac and Eastwind Drive Roadway Improvements Village of North Palm Beach 501 US Highway One North Palm Beach, Florida 33408-4906 Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Village of North Palm Beach INVITATION TO BID ITB 2025-PW-02 Riverside Road Cul-De-Sac and Eastwind Drive Drainage Improvements The Village of North Palm Beach is seeking Bids from qualified selected firms to construct paving and drainage improvement to Eastwind Drive and the cul-de-sac of Riverside Road. Bid documents are available on the Village of North Palm Beach website at http://www.village- npb.org/bids.aspx , www.demandstar.com, or by contacting the Village Public Work’s office at (561) 561-691-3440. Sealed Bids must be clearly marked “ITB 2025-PW-02, Riverside Road Cul-De-Sac and Eastwind Drive Roadway Improvements” and delivered to the Village Clerk at 501 US Highway One, North Palm Beach, Florida, 33408. The deadline for submission of bids is Tuesday, July 15, 2025 at 2:00 p.m. local time. Bids submitted after the established deadline will not be accepted and will be returned to the sender unopened There is no mandatory pre-bid meeting scheduled for this project. It is the responsibility of the Bidder to ensure all pages are included in the submission. All Bidders are advised to closely examine the Bid documents. Any questions regarding the substance of the Invitation to Bid documents or the scope of services must be submitted in writing via email to Jamie Mount, Public Works, jmount@village-npb.org. The Village reserves the right to accept or reject any or all Bids, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to select the Bidder that it deems will best serve the interests of the Village. VILLAGE OF NORTH PALM BEACH, FLORIDA Chuck Huff, Village Manager Publish: Palm Beach County Legal Notices Website Date: June 12, 2025 Publish: DemandStar Date: June 12, 2025 Publish: Village of NPB Website Date: June 12, 2025 Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 TABLE OF CONTENTS SECTION PAGE 1. General Terms and Conditions 4 2. Special Terms and Conditions 12 3. Technical Specifications, Statement of Work, or Scope of Services 19 4. Company Summary Information and Pricing Schedule 21 5. Bid Form 22 6 Acknowledgement of Addenda 24 7. Signature Page 25 8. Affidavits 26 9. Exhibits 41 10. Solicitation Summary (MUST BE INCLUDED AS A HARD-COPY IN THE BID PACKAGE) 42 Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 4 SECTION 1 GENERAL TERMS AND CONDITIONS 1.1 DEFINITIONS Bid: any offer(s) submitted in response to an Invitation to Bid. Bidder: person or firm submitting a Bid in response to an Invitation to Bid. Bid Solicitation, Solicitation, or Invitation to Bid: this Solicitation documentation, including any and all addenda. Bid Submittal Form: describes the goods or services to be purchased, and must be completed and submitted with the Bid. Village: shall refer to the Village of North Palm Beach, Florida. Contract or Agreement: The Invitation to Bid, all addenda issued thereto, all affidavits, the signed agreement, and all related documents which comprise the totality of the Contract or agreement between the Village and the Bidder. Contractor: successful Bidder or Bidder who is awarded a Contract to provide goods or services to the Village. Public Works Department: The Public Works Department of the Village of North Palm Beach, Florida. Responsible Bidder: A Bidder which has the capability in all respects to perform in full the Contract requirements, as stated in the Invitation to Bid, and the integrity and reliability that will assure good-faith performance. Responsive Bidder: A Bidder whose Bid conforms in all material respects to the terms and conditions included in the Invitation to Bid. 1.2 CONE OF SILENCE This Invitation to Bid is subject to the “Cone of Silence” provisions of Section 2-355 of the Palm Beach County Code of Ordinances. This limits and requires documentation of communications between potential Bidders and/or Bidders on Village Solicitations, the Village’s professional staff, and the Village Council members. 1.3 ADDENDUM The Public Works Department may issue an addendum in response to any inquiry received, prior to the close of the Solicitation period, which changes, adds, or clarifies the terms, provisions, or requirements of the Solicitation. The Bidder should not rely on any representation, statement, or explanation, whether written or verbal, other than those made in the Solicitation document or in the addenda issued. Where there appears to be a conflict between the Solicitation and any addenda, the last addendum issued shall prevail. It is the vendor’s responsibility to ensure receipt of all addenda, and any accompanying documentation. The vendor is required to submit with its Bid a signed “Acknowledgment of Addenda” form when any addenda have been issued. 1.4 LEGAL REQUIREMENTS This Solicitation is subject to all legal requirements contained in the applicable Village Ordinances and Resolutions, as well as all applicable local, State, and Federal laws and regulations. 1.5 CHANGE OF BID Prior to the scheduled Bid opening, a Bidder may change its Bid by submitting a new Bid (as indicated on the cover page) with a letter on the firm’s letterhead, signed by an authorized agent stating that the new submittal replaces the original submittal. The new submittal shall contain the letter and all information as required for submitting the original Bid. No changes to a Bid will be accepted after the Bid has been opened. 1.6 WITHDRAWAL OF BID A Bid shall be irrevocable unless the Bid is withdrawn as provided herein. Only a written letter received by the Public Works Department prior to the Bid opening date may withdraw a Bid. 1.7 CONFLICTS WITHIN THE BID SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Form, or any addendum issued, the order of precedence shall be: the last addendum issued, the Bid Submittal Form, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 1.8 PROMPT PAYMENT TERMS It is the policy of the Village of North Palm Beach that payment for all purchases by Village departments shall be made in a timely manner. The Village will pay the awarded Bidder upon receipt and acceptance of the goods or services by a duly authorized representative of the Village. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the Village shall be forty-five (45) days from receipt of a proper invoice. Proceedings to resolve disputes for payment of obligations shall be concluded by final written decision of the Village Manager or designee, not later than sixty (60) days after the date on which the proper invoice was received by the Village. 1.9 DISCOUNTS (PROMPT PAYMENTS) Discounts will not be applicable to this contract. 1.10 PREPARATION OF BIDS The Bid forms define requirements of items to be purchased, and must be completed and submitted with the Bid. Use of any other forms may result in the rejection of the Bidder’s offer. The Bid submittal forms must be legible. Bidders shall Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 5 use typewriter, computer, or ink. All changes must be crossed out and initialed in ink. Failure to comply with these requirements may cause the Bid to be rejected. An authorized agent of the Bidder’s firm must sign the Bid submittal form. Failure to sign the Signature Page of the Bid shall render the Bid non-responsive. The Bidder may be considered non-responsive if Bids are conditioned upon modifications, changes, or revisions to the terms and conditions of this Solicitation. The Bidder may submit alternate Bid(s) for the same Solicitation provided that such offer is allowable under the terms and conditions. The alternate Bid must meet or exceed the minimum requirements and be submitted as a separate Bid submittal marked “Alternate Bid”. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. Late Bids will not be accepted and will be returned to the sender unopened. It is the Bidder’s responsibility to ensure timely delivery by the due date and time, and at the place stated in this Solicitation. No exceptions will be made due to weather, carrier, traffic, illness, or other issues. 1.11 CANCELLATION OF BID SOLICITATION The Village of North Palm Beach reserves the right to cancel, in whole or in part, any Invitation to Bid when, at the sole discretion of the Village, it is in the best interest of the Village. 1.12 AWARD OF CONTRACT The Contract may be awarded to the responsive and responsible Bidder meeting all requirements as set forth in the Solicitation. The Village reserves the right to reject any and all Bids, to waive irregularities or technicalities, and to re- advertise for all or any part of this Bid Solicitation as deemed in its best interest. The Village shall be the sole judge of its best interest. The Village reserves the right to reject any and all Bids if it is determined that prices are excessive, best offers are determined to be unreasonable, or it is otherwise determined by the Village, at the sole discretion of the Village, to be in the Village’s best interest to do so. The Village reserves the right to negotiate prices with the responsive and responsible low Bidder, provided that the scope of work of this Solicitation remains the same. The Bidder’s performance as a prime Contractor or subcontractor on previous Village Contracts may be taken into account in evaluating the Bid received for this Bid Solicitation. The Village will provide a copy of the Bid Tabulation to all Bidders responding to this Solicitation. The Bid Solicitation, any addenda and/or properly executed modifications, the signed Agreement, the awarded Bid, the purchase order, and any change order(s) shall constitute the Contract. The Public Works Director will decide all tie Bids. Award of this Bid may be predicated on compliance with and submittal of all required documents as stipulated in the Bid Solicitation. The Village reserves the right to request and evaluate additional information from any Bidder after the submission deadline as the Village deems necessary. 1.13 CONTRACT EXTENSION Contract extensions will not be applicable to this contract. 1.14 WARRANTY All warranties express and implied shall be made available to the Village for goods and services covered by this Bid Solicitation. All goods furnished shall be fully guaranteed by the awarded Bidder against factory defects and workmanship. At no expense to the Village, the awarded Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer’s standard warranty. 1.15 ESTIMATED QUANTITIES Estimated quantities or dollars are for Bidder’s guidance only: (a) estimates are based on the Village’s anticipated needs and/or usage; and (b) the Village may use these estimates to determine the low Bidder. No guarantee is expressed or implied as to quantities or dollars that will be used during the Contract period. The Village is not obligated to place any order for the given amount subsequent to the award of this Bid Solicitation. 1.16 NON-EXCLUSIVITY It is the intent of the Village to enter into an agreement with the awarded Bidder that will satisfy its needs as described herein. However, the Village reserves the right as deemed in its best interest to perform, or cause to be performed, the work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to, award of other Contracts, use of any Contractor, or perform the work with its own employees. 1.17 CONTINUATION OF WORK Any work that commences prior to and will extend beyond the expiration date of the current Contract period shall, unless terminated by mutual written agreement between the Village and the successful Bidder, continue until completion at the same prices, terms, and conditions. 1.18 LAWS AND REGULATIONS The awarded Bidder shall comply with all laws and regulations applicable to provide the goods or services specified in this Bid Solicitation. The Bidder shall be familiar with all federal, state, Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 6 and local laws that may affect the goods and/or services offered. 1.19 LICENSES, PERMITS AND FEES The awarded Bidder shall hold all licenses and/or certifications, obtain, and pay for all permits and/or inspections, and comply with all laws, ordinances, regulations, and building code requirements applicable to the work required herein. Damages, penalties, and/or fines imposed on the Village or an awarded Bidder for failure to obtain and maintain required licenses, certifications, permits, and/or inspections shall be borne by the awarded Bidder. The Village will reimburse the awarded Bidder all required permit fees. 1.20 SUBCONTRACTING Unless otherwise specified in this Bid Solicitation, the successful Bidder shall not subcontract any portion of the work without the prior written consent of the Village. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the Village may result in termination of the Contract for default. 1.21 ASSIGNMENT The awarded Bidder shall not assign, transfer, hypothecate, or otherwise dispose of this Contract, including any rights, title, or interest therein, or its power to execute such Contract to any person, company, or corporation without the prior written consent of the Village. Assignment without the prior consent of the Village may result in termination of the Contract for default. 1.22 RESPONSIBILITIES AS EMPLOYER The employee(s) and agent(s) of the awarded Bidder shall be considered to be at all times its employee(s and agent(s)), and not an employee(s) or agent(s) of the Village or any of its departments. The awarded Bidder shall provide physically competent employee(s) or agent(s) capable of performing the work as required. The Village may require the awarded Bidder to remove any employee or agent it deems unacceptable. All employees and agents of the awarded Bidder shall wear proper identification. 1.23 INDEMNIFICATION The awarded Bidder shall indemnify and hold harmless the Village and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorney’s fees and costs of defense, which the Village or its officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of the agreement by the awarded Bidder or its employees, agents, servants, partners, principals, or subcontractors. The awarded Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the Village, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may be incurred thereon. The awarded Bidder expressly understands and agrees that any insurance protection required by the Contract or otherwise provided by the awarded Bidder shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the Village or its elected officials, officers, employees, agents, and instrumentalities as herein provided. If the Contract is for construction of a Village project, the Contractor agrees to assume liability for and indemnify, hold harmless, and defend the Village, its elected officials, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor, its agents, officers, contractors, subcontractors, employees, or anyone else utilized by the Contractor in the performance of the Contract. The Contractor’s liability hereunder shall include all attorney’s fees and costs incurred by the Village in the enforcement of this indemnification provision. This includes claims made by the employees of the Contractor against the Village and the Contractor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of the Contract and shall not be limited by the amount of any insurance required to be obtained or maintained under the Contract. It is the specific intent of the parties hereto that the foregoing indemnification complies with Section 725.06, Florida Statutes, as amended. The Contractor expressly agrees that it will not claim, and waives any claim, that this indemnification violates Section 725.06, Florida Statutes. 1.24 COLLUSION A Bidder recommended for award as the result of a competitive Solicitation for any Village purchases of supplies, materials, and services (including professional services, other than professional architectural, engineering, and other services subject to Sec. 287.055 Florida Stats.), purchase, lease, permit, concession, or management agreement shall, within five (5) business days of the filing of such recommendation, submit an affidavit under the penalty of perjury, on a form provided by the Village, stating either that the Bidder is not related to any of the other parties Bidding in the competitive Solicitation or identifying all related parties, as defined in this Section, which Bid in the Solicitation; and attesting that the Bidder’s Bid is genuine and not a sham or collusive or made in the interest or on behalf of any person not therein named, and that the Bidder has not, directly or indirectly, induced or solicited any other Bidder to put in a sham Bid, or any other person, firm, or corporation to refrain from proposing, and that the Bidder has not in any manner sought by collusion to secure to the Bidder an advantage over any other Bidder. In the event a recommended Bidder Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 7 identifies related parties in the competitive Solicitation its Bid shall be presumed to be collusive and the recommended Bidder shall be ineligible for award unless that presumption is rebutted to the satisfaction of the Village. Any person or entity that fails to submit the required affidavit shall be ineligible for Contract award. 1.25 MODIFICATION OF CONTRACT The Contract may be modified by mutual consent, in writing, through the issuance of a modification to the Contract, a supplemental agreement, purchase order, or change order, as appropriate. 1.26 TERMINATION FOR CONVENIENCE The Village, at its sole discretion, reserves the right to terminate any Contract entered into pursuant to this Invitation to Bid (ITB) with or without cause immediately upon providing written notice to the awarded Bidder. Upon receipt of such notice, the awarded Bidder shall not incur any additional costs under the Contract. The Village shall be liable only for reasonable costs incurred by the awarded Bidder prior to the date of the notice of termination. The Village shall be the sole judge of “reasonable costs.” 1.27 TERMINATION FOR DEFAULT The Village reserves the right to terminate any Contract, in part or in whole, or place the awarded Bidder on probation in the event the awarded Bidder fails to perform in accordance with the terms and conditions stated herein by providing written notice of such failure or default and by specifying a reasonable time period within which the awarded Bidder must cure any such failure to perform or default. The awarded Bidders’ failure to timely cure any default shall serve to automatically terminate any Contract entered into pursuant to this ITB. The Village further reserves the right to suspend or debar the awarded Bidder in accordance with the appropriate Village ordinances, resolutions, and/or policies. The awarded Bidder will be notified by letter of the Village’s intent to terminate. In the event of termination for default, the Village may procure the required goods and/or services from any source and use any method deemed in its best interest. All re-procurement costs shall be borne by the incumbent Bidder. 1.28 FRAUD AND MISREPRESENTATION Any individual, corporation, or other entity that attempts to meet its Contractual obligations with the Village through fraud, misrepresentation, or material misstatement, may be debarred for up to five (5) years. The Village, as a further sanction, may terminate or cancel any other Contracts with such individual, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney’s fees. 1.29 ACCESS AND AUDIT OF RECORDS The Village reserves the right to require the awarded Bidder to submit to an audit by an auditor of the Village’s choosing at the awarded Bidder’s expense. The awarded Bidder shall provide access to all of its records, which relate directly or indirectly to the Contract, at its place of business during regular business hours. The awarded Bidder shall retain all records pertaining to the Contract, and upon request, make them available to the Village for three (3) years following expiration of the Contract. The awarded Bidder agrees to provide such assistance as may be necessary to facilitate the review or audit by the Village to ensure compliance with applicable accounting and financial standards. 1.30 OFFICE OF THE INSPECTOR GENERAL In accordance with Palm Beach County Ordinance No. 2011- 009, the Contract may be subject to investigation and/or audit by the Palm Beach County Inspector General. Bidders should review Palm Beach County Ordinance No. 2011-009 in order to be aware of their rights and/or obligations under such ordinance and as applicable. 1.31 PRE-AWARD INSPECTION The Village may conduct a pre-award inspection of the Bidder’s site or hold a pre-award qualification hearing to determine if the Bidder is capable of performing the requirements of this Bid Solicitation. 1.32 PUBLIC RECORDS AND PROPERTY OF THE VILLAGE Any material submitted in response to this Invitation to Bid shall become a public record and shall be subject to public disclosure in accordance with the Florida Public Records Law (Chapter 119, Fla. Stat.), except as otherwise provided by Chapter 119 or other applicable state or federal law. If a Bidder contends that part of its Bid is not subject to disclosure, the Bidder shall identify specifically any information contained in the Bid that the Bidder considers confidential or otherwise exempt from disclosure, and the Bidder shall cite the specific section of the law creating the exemption for such information. The Village reserves the right to make all determinations concerning the applicability of the Florida Public Records Law to any record submitted in response to this ITB. All material submitted in response to this Solicitation becomes the property of the Village. The Village has the right to use any or all ideas presented in any response to this Solicitation, whether amended or not, and disqualification or rejection of a Bid does not affect this right. 1.33 ADDITIONAL FEES AND SURCHARGES Unless provided for in the Contract, the Village will not make any additional payments such as fuel surcharges, demurrage fees, or delay-in-delivery charges. 1.34 COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under the Contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 8 1.35 COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF FEDERAL FUNDING If the goods or services to be acquired under this Solicitation are to be purchased, in part or in whole, with Federal funding, it is hereby agreed and understood that Section 60-250.4, Section 60-250.5, and Section 60-741.4 of Title 41 of the United States Code, which address Affirmative Action requirements for disabled workers, are incorporated into this Solicitation and resultant Contract by reference. 1.36 BINDING EFFECT AND NO THIRD-PARTY BENEFICIARIES All of the terms and provisions of the Contract, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. Nothing in the Contract shall be construed as giving any rights or benefits to any third-party other than the Village and the awarded Bidder. 1.37 ANNUAL APPROPRIATION The Village’s obligation pursuant to any Contract or agreement entered into in accordance with this Solicitation is specifically contingent upon the lawful appropriation of funds. Failure to lawfully appropriate funds for any Contract or agreement awarded shall result in automatic termination of the Contract or agreement. A non-appropriation event shall not constitute a default or breach of said Contract or agreement by the Village. 1.38 GOVERNING LAW, VENUE, DISPUTES, AND REMEDIES. This Solicitation and all transactions contemplated by the resultant Contract shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. The Village and Bidders knowingly, voluntarily and intentionally waive any right they may have to trial by jury with respect to any litigation arising out of or in connection with this Solicitation and the Contract. Prior to the filing of any claim, proceeding or litigation related to the Invitation to Bid or resulting contact, all claims, counter-claims, disputes, and other matters in questions between the Bidder and the Village will be first reviewed by authorized representatives of both parties for a recommended solution. If no solution or resolution is forthcoming, either party may pursue its claim, proceeding, or litigation. 1.39 ATTORNEY’S FEES It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Solicitation, the Contract or interpret same, or if any administrative proceeding is brought for the same purposes, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs, including appellate fees and costs. 1.40 EQUAL OPPORTUNITY AND ANTI-DISCRIMINATION The Village of North Palm Beach complies with all laws prohibiting discrimination on the basis of age, race, gender, religion, creed, political affiliation, sexual orientation, physical or mental disability, color or national origin, and therefore is committed to assuring equal opportunity in the award of Contracts and encourages small, local, minority, and female- owned businesses to participate. During the performance of the Contract, the awarded Bidder agrees it will not discriminate or permit discrimination in its hiring practices or in its performance of the Contract. The awarded Bidder shall strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida, Palm Beach County and the federal government. The awarded Bidder further acknowledges and agrees to provide the Village with all information and documentation that may be requested by the Village from time to time regarding the Solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors in connection with the Contract. 1.41 AVAILABILITY OF CONTRACT TO OTHER VILLAGE DEPARTMENTS It is agreed and understood that any Village department or agency may access the Contract and purchase the goods or services awarded herein. Each Village department will issue a separate purchase order to the awarded Bidder for the department’s specific purchases. 1.42 CRIMINAL HISTORY BACKGROUND CHECKS Prior to contracting with a Bidder, the Village may conduct a comprehensive criminal background check by accessing any Federal, State, or local law enforcement database available. The Bidder will be required to sign an authorization for the Village to access criminal background information. The costs for the background checks shall be borne by the Village. 1.43 LABOR, MATERIALS, AND EQUIPMENT Unless specified elsewhere in the Solicitation or resultant Contract, all labor, materials, and equipment required for the performance of the requirements of the Contract shall be supplied by the awarded Bidder. 1.44 PURCHASE OF OTHER ITEMS The Village reserves the right to purchase other related goods or services, not listed in the Solicitation, during the Contract term. When such requirements are identified, the Village may request price quote(s) from the awarded Bidder(s) on the Contract. The Village, at its sole discretion, will determine if Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 9 the prices offered are reasonable, and may choose to purchase the goods or services from the awarded Bidder, another Contract vendor, or a non-Contract vendor. 1.45 CONFLICTS OF INTEREST All Bidders must disclose with their Bid the name of any officer, director, or agent who is also an employee of the Village of North Palm Beach. Further, all Bidders must disclose the name of any Village employee who has any interest, financial or otherwise, direct or indirect, of five percent (5%) or more in the Bidders’ firm or any of its branches. Failure to disclose any such affiliation will result in disqualification of the Bidder from this Invitation to Bid and may be grounds for further disqualification from participating in any future Bids with the Village. 1.46 PUBLIC ENTITY CRIMES As provided in Section 287.133(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendors list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity; may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases of real property to a public entity; may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 1.47 COMPLETION OF WORK AND DELIVERY All work shall be performed and all deliveries made in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the awarded Bidder(s), except in such cases where the completion date will be delayed due to acts of nature, force majeure, strikes, or other causes beyond the control of the awarded Bidder. In these cases, the awarded Bidder shall notify the Village of the delays in advance of the original completion date so that a revised delivery schedule can be appropriately considered by the Village. 1.48 FAILURE TO DELIVER OR COMPLETE WORK Should the awarded Bidder(s) fail to deliver or complete the work within the time stated in the Contract, it is hereby agreed and understood that the Village reserves the authority to cancel the Contract with the awarded Bidder and secure the services of another vendor to purchase the items or complete the work. If the Village exercises this authority, the Village shall be responsible for payment to the awarded Bidder for work that was completed, and items delivered by the awarded Bidder and accepted by the Village in accordance with the Contract specifications. The Village may, at its option, demand payment from the awarded Bidder, through an invoice or credit memo, for any additional costs over and beyond the original Contract price which were incurred by the Village as a result of having to secure the services of another vendor. 1.49 CORRECTING DEFECTS The awarded Bidder shall be responsible for promptly correcting any deficiency, at no cost to the Village, within three (3) calendar days after the Village notifies the awarded Bidder of such deficiency in writing. If the awarded Bidder fails to correct the defect, the Village may (a) place the awarded Bidder in default of its Contract; and/or (b) procure the products or services from another source and charge the awarded Bidder for any additional costs that are incurred by the Village for this work or items, either through a credit memorandum or through invoicing. 1.50 ACCIDENT PREVENTION AND BARRICADES Precautions shall be exercised at all times for the protection of persons and property. All awarded Bidders performing services or delivering goods under the Contract shall conform to all relevant OSHA, State, and County regulations during the course of such effort. Any fines levied by the above-mentioned authorities for failure to comply with these requirements shall be borne solely by the awarded Bidder. Barricades shall be provided by the awarded Bidder when work is performed in areas traversed by persons, or when deemed necessary by the Village. 1.51 OMISSIONS IN SPECIFICATIONS The specifications and/or statement of work contained within this Solicitation describe the various functions and classes of work required as necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall not relieve the Bidder from furnishing, installing, or performing such work where required to the satisfactory completion of the project. 1.52 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The awarded Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the awarded Bidder in conjunction with this Solicitation and resultant Contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the Village by the awarded Bidder are found to be defective or do not conform to specifications, (1) the materials may be returned to the awarded Bidder at the Bidder’s expense and the Contract cancelled; or (2) the Village may require the awarded Bidder to replace the materials at the Bidder’s expense. 1.53 TAXES The Village of North Palm Beach is exempt from Federal and State taxes for tangible personal property. The Village is exempt from the payment of Florida State Sales and Use Tax. Contractor shall not be exempted from paying sales tax to its Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 10 suppliers for materials used to fill any contractual obligations with the Village, nor is the Contractor authorized to use the Village’s Tax Exemption Number in securing such materials. 1.54 BIDDER’S COSTS The Village shall not be liable for any costs incurred by Bidders in responding to this Invitation to Bid. 1.55 SUBSTITUTION OF PERSONNEL It is the intention of the Village that the awarded Bidder’s personnel proposed for the Contract shall be available for the initial Contract term. In the event the awarded Bidder wishes to substitute personnel, the awarded Bidder shall propose personnel of equal or higher qualifications, and all replacement personnel are subject to the Village’s approval. In the event the substitute personnel are not satisfactory to the Village, and the matter cannot be resolved to the satisfaction of the Village, the Village reserves the right to cancel the Contract for cause. 1.56 FORCE MAJEURE The Village and the awarded Bidder are excused from the performance of their respective obligations under the Contract when and to the extent that their performance is delayed or prevented by any circumstances beyond their control, including fire, flood, explosion, strikes or other labor disputes, natural disasters, public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance provided that: The non-performing party gives the other party prompt written notice describing the particulars of the force majeure, including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the force majeure. The excuse of performance is of no greater scope and of no longer duration than is required by the force majeure. No obligations of either party that arose before the force majeure causing the excuse of performance are excused as a result of the force majeure. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this section for a period in excess of two (2) months, provided that in extenuating circumstances, the Village may excuse performance for a longer term. Economic hardship of the awarded Bidder shall not constitute a force majeure. The term of the Contract shall be extended by a period equal to that during which either party’s performance is suspended under this section. 1.57 NOTICES Notices shall be effective when received at the addresses specified in the Contract. Changes in respective addresses to which such notices are to be directed may be made from time to time by either party by written notice to the other party. Facsimile and email transmissions are acceptable notice effective when received; however, facsimile and email transmissions received after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must also be mailed to the receiving party. Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the successful Bidder and the Village of North Palm Beach. 1.58 SEVERABILITY Any provision or part of this Solicitation or the resulting Contract held to be void or unenforceable shall be deemed stricken and all remaining provisions shall be deemed valid and enforceable to the extent permitted by law. The Contract shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 1.59 SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS Pursuant to Section 287.0571, Florida Statutes, the Village may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is responsible. Further, the Village may not give a preference to a vendor based on the vendor’s social, political, or ideological interests. 1.60 NO CONTINGENT FEES The Bidder represents and warrants to the Village that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure the Contract, and that it has not paid, or agreed to pay any person, company, corporation, individual, or firm, other than bona fide personnel working solely for the Bidder any fee, commission, percentage, gift or other consideration, contingent upon, or resulting from the award or making of the Contract. Further, the Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining the Contract, to employ or retain the services of any person, company, individual or firm in connection with carrying out the Contract. It is understood and agreed by the Bidder that, upon the breach or violation of this provision, the Village shall have the right to terminate the Contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover, the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. 1.61 INDEPENDENT CONTRACTOR Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 11 The status of the Bidder under any resulting contract is that of an independent contractor. Nothing herein shall create or be construed as creating a partnership or joint venture between the Village and the Bidder. The Bidder does not have the power or authority to bind the Village in any promise, contract, or representation other than as specifically provided for herein (if any). 1.62 NO LIEN RIGHTS The Bidder and any subcontractor utilized by the Bidder shall have no lien rights regarding any property owned by the Village or otherwise. 1.63 SOVEREIGN IMMUNITY Nothing herein shall be construed as a waiver of Village’s sovereign immunity, the limits of Section 768.28, Florida Statutes, nor the Village’s consent to be sued by third parties. The provisions and limitations of Section 768.28, Florida Statutes, are deemed to apply to the resulting contract to claims or actions arising in tort and/or contract. 1.64 IRON AND STEEL PRODUCTS If the Contract is for a “public works project” as defined in Section 255.0993, Florida Statutes, or for the purchase of materials for a public works project, any iron or steel product permanently incorporated in the Project must be produced in the United States unless specifically exempted in writing by the Contract Administrator in accordance with Section 255.0993, Florida Statutes. 1.65 LUMBER, TIMBER, AND OTHER FOREST PRODUCTS If the Contract is for public work for the construction of public bridges, buildings, or other structure, lumber, timber, and other forest products must be produced and manufactured in the State of Florida, if wood is a component of the public work, and if such products are available and their price, fitness, and quality are equal to out of state materials, unless otherwise exempted pursuant to Section 255.20(3)(b), Florida Statutes. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 12 SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE The purpose of this solicitation is to select a contractor for the construction of the proposed drainage improvements on Riverside Road and Eastwind Drive, in accordance with the plans, terms, conditions, and specifications contained in this Invitation to Bid. 2.2 CONTRACT MEASURES AND PREFERENCES Intentionally Omitted 2.3 PRE-BID CONFERENCE Intentionally Omitted 2.4 TERM OF CONTRACT The Term of the Contract shall commence on the date of contract execution and shall continue until the satisfactory completion and acceptance of the works specified in the contract. The expected duration of the project, including procurement, is one hundred and twenty (120) days, commencing from the start date specified in the Village issued Notice to Proceed. The Contractor shall complete all work, including but not limited to construction, renovation, and installation works, in accordance with the project timeline outlined in the contract. Any delays or extensions beyond the initial estimated completion date must be duly justified and are subject to approval by the Village of North Palm Beach. Additionally, the Contractor is responsible for thorough site restoration and cleanup, including the repair of any areas used as staging or damaged during the project. It is understood that the completion date is an estimate and may be subject to changes due to unforeseen circumstances. In such cases, the Contractor will provide timely notification and justification for any requested extensions. All extensions are subject to the review and approval of the Village of North Palm Beach. 2.5 OPTIONS TO RENEW Renewal options are not included with this contract solicitation. 2.6 VENDOR REQUIREMENTS The Village will award the Contract to the lowest priced responsible Bidder. The responsible Bidder must successfully demonstrate that they: • Are a licensed and bonded General Contractor within the State of Florida. • Have successfully completed similar projects within the last three (3) years. • Can provide at least three (3) references from past projects. The Village reserves the sole right to waive any of the requirements outlined above in selection of a contractor to provide the requested services. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 13 2.7 PRICES If the Bidder is awarded a contract under this Solicitation, the prices offered by the Bidder shall remain fixed and firm during the Contract Term, except for any price adjustments that may be allowed elsewhere in this Contract. 2.8 PRICE ADJUSTMENTS Price adjustments will not be applicable to this contract. 2.9 EXAMINATION OF SERVICE AREA The Village will make arrangements for the awarded Bidder to examine the areas where services are to be performed, if requested by the awarded Bidder. 2.10 EQUAL PRODUCTS Intentionally Omitted 2.11 TIME IS OF THE ESSENCE/LIQUIDATED DAMAGES Time is of the essence in all respects under the Contract, and the parties agree that the Village will suffer financial loss if the work contemplated herein is not completed within the time specified, including any authorized extensions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Village if the work is not completed on time. Accordingly, instead of requiring any such proof, the Village and awarded Bidder agree that as liquidated damages for delay (but not as a penalty) the awarded Bidder shall pay to the Village an amount equal to $1000.00 per day for each calendar day that expires after the time specified for completion. Liquidated damages may be deducted from payments due to the Awarded Bidder. 2.12 INSURANCE The awarded Bidder shall not commence any performance pursuant to the terms of this Bid until certification or proof of insurance has been received and approved by the Village. The required insurance coverage must be issued by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of A.M. Best’s Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the Village of North Palm Beach shall be notified at least thirty (30) days in advance of cancellation, non-renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the Village or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the awarded Bidder’s obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the Village of North Palm Beach. The awarded Bidder must submit a current Certificate of Insurance, naming the “Village of North Palm Beach, its elected officials, employees, and agents” as an additional insured and listed as such on the insurance certificate. New certificates of insurance are to be provided to the Village upon expiration. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 14 The awarded Bidder shall provide insurance coverage as follows: i. WORKERS COMPENSATION Awarded Bidder shall carry Workers Compensation Insurance to apply for all employees in compliance with the “Workers Compensation Law” of the State of Florida and all applicable Federal laws. The Village reserves the right not to accept exemptions to the Workers Compensation requirements of this Solicitation. ii. COMPREHENSIVE GENERAL LIABILITY Awarded Bidder shall carry Comprehensive General Liability Insurance with minimum limits of Two Million Dollars ($2,000,000.00); and include Products/Completion Liability of Two Million Dollars ($2,000,000). Such certificate shall list the Village as additional insured. NOTE: If Comprehensive General Liability limits are less than Two Million Dollars ($2,000,000.00), the sum of Comprehensive General Liability limits and Excess Liability limits must equal no less than Two Million Dollars ($2,000,000.00). iii. AUTOMOBILE LIABILITY Awarded Bidder shall carry Automobile Liability Insurance to include owned, non-owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00) each occurrence. The awarded Bidder shall agree to a Waiver of Subrogation for each required policy. When required by the insurer or should a policy condition not permit an insured to enter into a pre-loss contract to waive subrogation without an endorsement then the awarded Bidder shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy where a condition to the policy specifically prohibits such an endorsement, or voids coverage should the firm enter into such a contract on a pre-loss basis. The awarded Bidder must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the Village of North Palm Beach its elected officials, employees, and agents as an additional insured. 2.13 BID BOND/GUARANTY Not Applicable 2.14 PERFORMANCE BOND As required by Section 255.05(1), Florida Statutes, the awarded Bidder shall record in the public records a statutory payment and performance bond prior to commencing work. 2.15 CERTIFICATIONS Any Bidder which submits an offer in response to this Solicitation shall, at the time of such offer, hold the applicable certificate or license, issued by the State or County Examining Board qualifying the Bidder to perform the work under this Contract. A copy of the License or Certificate should be submitted with the Bid. 2.16 METHOD OF PAYMENT The awarded Bidder shall submit an invoice to the Village department after the work has been completed and accepted by the Village. The date of the invoice shall not exceed thirty (30) calendar Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 15 days from completion and acceptance of the work. Under no circumstances shall the invoice be submitted to the Village in advance of the completion and acceptance of the work. The invoice shall contain the following basic information: the awarded Bidder’s name and address, invoice number, date of invoice, description of the work performed, the Contract number, purchase order number, and any discounts. 2.17 DELIVERY REQUIREMENTS Intentionally Omitted 2.18 WARRANTY REQUIREMENTS In addition to all other warranties that may be supplied by the Bidder, the Bidder shall warrant its products and/or services against faulty labor and/or defective material, for a minimum period of one (1) year from the date of acceptance of the labor, materials and/or equipment by the Village. This warranty requirement shall remain in force for the full period, regardless of whether the Bidder is under Contract with the Village at the time of defect. Any payment by the Village on behalf of the services received from the Bidder does not constitute a waiver of these warranty provisions. 2.19 ADDITIONAL DEPARTMENTS Although this Solicitation and resultant Contract identifies the Public Works Department as the main user department of the Contract, it is hereby agreed and understood that any Village department or agency facility may be added to the Contract at the option of the Village, for similar services. 2.20 CLEAN UP The awarded Bidder shall remove all unusable materials and debris from the work areas at the end of each workday, and dispose of same in an appropriate manner. Upon final completion, the awarded Bidder shall thoroughly clean up all areas where work has been involved as mutually agreed with the Village’s authorized representative. 2.21 DEMONSTRATION OF EQUIPMENT Not Applicable 2.22 HOURLY RATE The hourly rate quoted shall be deemed to provide full compensation to the awarded Bidder for labor, equipment use, travel time, and any other element of cost or price. This rate is assumed to be at straight-time for all labor, except as otherwise noted. The hourly rate shall be paid based on each actual hour worked, or part thereof. 2.23 PATENTS AND ROYALTIES The awarded Bidder, without exception, shall indemnify and hold harmless the Village and its employees from liability of any nature or kind, including cost and expenses for, or as a result of, any copyrighted, patented, or unpatented invention, process, or article manufactured by the awarded Bidder. The awarded Bidder has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article supplied hereunder with equipment or data not supplied by the awarded Bidder, or is based solely and exclusively upon the Village's alteration of the article. The Village will provide prompt written notification of a claim of copyright or patent infringement. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 16 Further, if such a claim is made or is pending, the awarded Bidder may, at its option and expense, procure for the Village the right to continue use of, replace or modify the article to render it non- infringing. (If none of the alternatives are reasonably available, the Village agrees to return the article, upon request, to the awarded Bidder and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the awarded Bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the contract prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 2.24 PRE-CONSTRUCTION CONFERENCE The awarded Bidder shall schedule a Preconstruction Conference, with the Village of North Palm Beach Public Works Department, within ten (10) days of notification of award. The Preconstruction Conference shall be held a minimum of fifteen (15) business days in advance of construction commencement. 2.25 RELEASE OF CLAIM REQUIRED Pursuant Section255.073, Florida Statutes all payments to the subcontractors shall be made by the awarded Bidder within ten (10) days of receipt of the partial payment from the Village. With the exception of the first partial payment, the awarded Bidder must pay all of its subcontractors and suppliers who have performed any work or supplied any materials for the project within ten (10) days after receipt of the partial payment by the awarded Bidder for monies due such subcontractors and suppliers as a result of a percentage of the work completed. The awarded Bidder must provide the Village's project manager with duly executed affidavits (subcontractor's statement of satisfac- tion) or releases of claim from all subcontractors and suppliers who have performed any work or supplied any materials for on the project as of that date. The affidavit or releases shall certify that said subcontractors and suppliers have been paid their proportionate share of all previous partial payments to the awarded Bidder. In the event such affidavits cannot be furnished, the awarded Bidder may submit an executed consent of surety to requisition payment, identifying the subcontractors and suppliers with the amounts for which the statement of satisfaction cannot be furnished. If the awarded Bidder fails to provide a consent of surety to requisition payment, the amount in dispute will be withheld until either the statement of satisfaction is furnished, or the consent of surety to requisition payment is furnished. 2.26 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED No subcontracting will be allowed for the work projects contemplated in the Contract resultant from this Solicitation. However, for certain projects or emergencies, the Village may allow the awarded Bidder to sub-contract some of the work, if such sub-contracting is deemed necessary, by the Village, for the effective and proper completion of the work. 2.27 OTHER FORMS OR DOCUMENTS If the Village is required by the awarded Bidder to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Bidder’s forms or documents. 2.28 CONDITIONS OF WORK; DAMAGES If property (public or private) is damaged while the awarded Bidder is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the awarded Bidder in a manner acceptable to the Village. The property shall include, but not be limited to: boat docks, boat lifts, pilings, playing field surfaces, irrigation installations, structures, Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 17 parkways, sidewalks, curbs and gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and trees. The awarded Bidder shall submit to the Village for review, pictures or video of the work site(s) having pre-existing damage to structures, playing field surfaces, irrigation and drainage installations, parkways, sidewalks, approaches, sod, swales, adjacent improvements, etc. before beginning work. Failure to do so shall obligate the awarded Bidder to make repairs as per the terms of this Section. Notwithstanding the above, the awarded Bidder must take all necessary and reasonable precautions to prevent disruption or damage to Village facilities and properties, and private properties. If the awarded Bidder believes that work assigned may cause unpreventable damage, the awarded Bidder must bring the situation to the attention of the authorized Village representative so that mitigation methods can be developed. Such mitigation efforts by the Village, shall not absolve the awardee Bidder from responsibility to repair and make good any damage to public or private property. 2.29 HOURS OF WORK The Village’s normal hours of work are: Mondays – Fridays, 8:00am – 5:00pm; except for holidays. Any work performed outside these hours shall be properly identified and categorized as after-hours or weekend work. Since emergencies may occur at any time, emergency work will be compensated based on the specific rates offered by the awarded Bidder for such work, whether the work is performed during normal working hours, weekends, or on holidays. 2.30 APPEARANCE The awarded Bidder(s) shall be responsible for the appearance of all its employees while assigned on Village projects. The Bidder’s employees must wear clean clothing, and attire acceptable to the Village, and must meet all appropriate protective and safety regulations. 2.31 PAYMENT The Contractor shall submit invoices on a monthly basis detailing all work accomplished in the prior month and all materials installed and used in the project. Contractor’s invoices shall be submitted to: Village of North Palm Beach Attn: Finance Department 501 U.S. Highway One North Palm Beach, FL 33408 The Village’s Public Works Director or designee will review each invoice submitted by the Contractor. If approved, the Village will make payment in accordance with the Contract Documents. If not approved, the Village will notify the Contractor within twenty (20) business days of the Village’s receipt and identify the action necessary to correct the invoice or a deficiency. Payment to the Contractor shall be made pursuant to the Local Government Prompt Payment Act (for construction services), section 218.735, Florida Statutes and as provided herein. Specifically, in accordance with Section 255.078, Florida Statutes, the Village will withhold five percent (5%) of each payment to the Contractor as retainage. Retainage shall be released to the Contractor in accordance with Section 218.735, Florida Statutes, and as set forth in this Contract. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 18 In accordance with Section 255.077, Florida Statutes, upon substantial completion, the Contractor shall notify the Village the work is substantially complete and request an inspection. Within five (5) business days thereafter, the Contractor and Village shall make an inspection of the work and begin the development of a draft punch list of items that must be completed by the Contractor prior to the Contractor submitting its final payment request (“Punch List Walkthrough”). The Village shall submit the punch list to the Contractor within fifteen (15) days of the Punch List Walkthrough and the Contractor shall have ten (10) days to agree to the same. If the Contractor wishes to revise the punch list, it must send the revised punch list to the Village no later than thirty (25) days after reaching substantial completion. Thereafter the parties shall agree on the final punch list no later than thirty (30) days after reaching substantial completion. The punch list shall include every remaining item required to render complete, satisfactory, and acceptable services to the Village and the estimated cost to complete each remaining item. The final agreed upon punch list shall be sent to the Contractor five (5) days after the punch list is finalized. In no event may the Contractor request payment of final retainage until the Contractor has completed all items on the punch list. All items that require correction under the Contract which are identified after the preparation and delivery of the punch list remain the obligation of the Contractor. The failure to include any corrective work or pending items not yet completed on the list does not alter the responsibility of the Contractor to complete all the construction services purchased pursuant to the Contract. Upon final completion and acceptance of the work in accordance with the ITB and the Contract (including all punch-list items) and final inspection by the appropriate agency with jurisdiction over the project (if other than the Village), the Contractor shall submit a “final invoice” to the Village. In order for both parties to close their books and records, the Contractor will clearly state “FINAL” on the Contractor’s final invoice. This certifies that all work has been properly completed and all charges have been invoiced to the Village. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by the Contractor. If the Contractor’s Final Invoice is approved as set forth above, the Village shall pay the remainder including any amount held as retainage. Notwithstanding the foregoing, the Village shall not be required to pay or release any amount of retainage that is subject of a good faith dispute, the subject of a claim brought pursuant to section 255.05, Florida Statutes, or otherwise the subject of a claim or demand by the Village. Final payment shall not become due until the Contractor and all of its subcontractors, who timely filed notices to owner, submit to the Village releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Contract Documents or otherwise related to the project. Acceptance of final payment by the Contractor or a subcontractor shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final invoice. 2.32 EXCLUSIVITY The Contract to be awarded under this Solicitation shall be exclusively awarded to a single Bidder. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 19 SECTION 3 SCOPE OF SERVICES 3.1 GENERAL REQUIREMENTS The Village of North Palm Beach is seeking Bids from qualified firms to provide professional construction services, within the Village of North Palm Beach, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. The awarded Bidder will provide services in accordance with the approved construction plans contained in Section 9 – Plan Exhibits. The scope of the project is summarized as the construction of paving and drainage improvements to the cul-de-sac of Riverside Road and along Eastwind Drive. Portions of the cul-de-sac of Riverside Road do not currently properly drain, and there are steep slopes on two driveways that need to be corrected. Scope of work will include demolition and removal of the existing asphalt in the area, removing unsuitable materials, installing drainage system, backfilling, and re-paving. Associated sidewalk and swale improvements will also be involved. Portions of the Eastwind Drive do not currently properly drain. Scope of work will include milling and resurfacing, demolition and removal of the existing asphalt in the indicated areas, removing unsuitable materials, installing drainage system, backfilling, and re-paving. Associated sidewalk and ADA improvements will also be involved. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 20 BID SUBMITTAL THIS PAGE and all following pages comprise your original Bid Submittal package. Please also attach any additional information or documentation requested in this Invitation to Bid. There is no need to include the preceding Sections 1, 2, and 3 in your Bid Submittal package. INSTRUCTIONS Sealed Bids must be received on or before the due date and time (local time) at the office of the Village Clerk, 501 U.S. Highway One, North Palm Beach, Florida 33408. Normal Village business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All Bids will be publicly opened and read aloud at Village Hall. Each Bid submitted to the Village Clerk shall have the following information clearly marked on the face of the envelope: The Bidder’s name, return address, due date for Bids, and titled “ITB 2025-PW-02, Riverside Road Cul-De-Sac and Eastwind Drive Drainage Improvements”. Included in the envelope shall be one (1) original and one (1) electronic version on CD or a thumb drive in a usable PDF format. If the Solicitation Summary is not included in the envelope as a hard copy, the Village may deem your Bid non-responsive. The original should be marked “ORIGINAL”, and the electronic copy must be identical to the original. In the event of any discrepancy between the original bid and the electronic copy, the original bid shall be the governing document. Bids must contain all information required to be included in the submittal, as described in the Solicitation. Invitation to Bid: Riverside Road Cul-De-Sac and Eastwind Drive Drainage Improvements Due Date and Time: Tuesday, July 8, 2025 at 2:00 p.m. local time Name of Bidder Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 21 SECTION 4 COMPANY SUMMARY INFORMATION AND PRICING SUMMARY INFORMATION To be considered for evaluation to be added to the Vendor Pool, the Bidder must submit the following Company Summary information. Name of Firm: _________________________________________________________ Owner or Principal: _________________________________________________________ Years in Business: _________________________________________________________ Number of Employees: _________________________________________________________ Name of Primary Contact: __________________________________________________ Telephone of Primary Contact: __________________________________________________ NOTE: The Bidder shall attach additional information demonstrating they: • are a licensed and bonded General Contractor within Florida. PRICING SCHEDULE - PRICES AND RATES The Bidder must offer a price on all items being bid. See schedule on following page. Prepare bids on the Bid Form provided with all blanks on the Bid Form filled in by typewriter or written in ink. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 22 SECTION 5 PROJECT BID FORMS BID FORM 03045.194- Riverside Road Cul-De-Sac Improvements Description Unit Quantity Unit Cost Total Item # PAVING, GRADING, AND DRAINAGE 1 Mobilization LS 1 2 Maintenance of Traffic LS 1 3 Pollution Prevention LS 1 4 Demolition LS 1 5 Staking and Record Drawings LS 1 6 Excavation CY 66 7 Embankment CY 155 8 2" Type SP-9.5 Asphaltic Concrete SY 180 9 12" Compacted Subgrade SY 180 10 8" Baserock w/ Prime coat SY 180 11 Milling and Resurfacing w/ 1" SP-9.5 Asphalt SY 535 12 4" Thick Concrete Sidewalk/Pad SY 94 13 6" Thick Concrete Driveway SY 88 14 Driveway Restoration Pavers SY 55 15 Inlets, DT Bot, Type C, <10' EA 2 16 18" RCP - Drainage Pipe LF 22 17 6' Wide Exfiltration Trench LF 17 18 Removal of Unsuitable Soil CY 100 19 Deeproot UB 48-2 Tree Root Barrier (O.A.E.) LF 25 20 Swale Grading and Re-sodding SY 147 Additional Alternate 21 Geogrid SY 50 SUBTOTAL Contingency (10%) LS 1 TOTAL Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 23 BID FORM 03045.192 – Eastwind Drive Improvements Description Unit Quantity Unit Cost Total Item # PAVING, GRADING, AND DRAINAGE PGD-1 Mobilization LS 1 PGD-2 Maintenance of Traffic LS 1 PGD-3 Pollution Prevention LS 1 PGD-4 Clearing & Grubbing LS 1 PGD-5 Staking and Record Drawings LS 1 PGD-6 Excavation CY 80 PGD-7 2" Type SP-9.5 Asphaltic Concrete SY 48 PGD-8 Milling and Resurfacing w/ 1" SP-9.5 Asphalt SY 595 PGD-9 8" Baserock w/ Prime coat SY 48 PGD-10 12" Compacted Subgrade SY 48 PGD-11 Inlets, DT Bot, Type C, <10' EA 2 PGD-12 18" RCP Pipe LF 76 PGD-13 Pavement Markings LS 1 PGD-14 Sidewalk Restoration SY 6 PGD-15 Detectable Warning Surface EA 2 SUBTOTAL Contingency (10%) LS 1 TOTAL Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 24 SECTION 6 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: List below the dates of issue for each addendum received in connection with this Solicitation: Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated Addendum #9, Dated Addendum #10, Dated PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION ____________________________________________________________________________ Firm Name ____________________________________________________________________________ Signature ____________________________________________________________________________ Name and Title (Print or Type) Date Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 25 SECTION 7 BID SUBMITTAL SIGNATURE PAGE By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the Village, including all Conflict of Interest and Code of Ethics provisions. Firm Name: ______________________________________________________________________________ Street Address: ______________________________________________________________________________ Mailing Address (if different than Street Address): ______________________________________________________________________________ Telephone Number(s): _________________________________________ Fax Number(s): _______________________________________________ Email Address: ________________________________________________ Federal Employer Identification Number: _____________________________________________ Prompt Payment Terms: _____% _____ days’ net _____days Signature: _____________________________________________________________________ (Signature of authorized agent) Print Name: ___________________________________________ Title: _________________________________________________ By signing this document, the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER, FOR NOT LESS THAN 90 DAYS, AND THE BIDDER’S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS INVITATION TO BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE, BY AN AUTHORIZED REPRESENTATIVE, SHALL RENDER THE BID NON-RESPONSIVE. THE VILLAGE MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 26 SECTION 8 AFFIDAVITS, PERFORMANCE AND PAYMENT BONDS FORMAT, LETTER OF CREDIT FORMAT 7.1 AFFIDAVITS The forms listed below must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents a binding commitment upon the Bidder to provide the goods and/or services offered to the Village if the Bidder is determined to be the lowest responsive and responsible Bidder. a. Conflict of Interest Disclosure Form b. Notification of Public Entity Crimes Law c. Drug-Free Work Place d. Sworn Statement on Discrimination e. Scrutinized Vendor Certification f. Trench Safety Affidavit [if applicable] g. Non-Collusion Affidavit Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 27 CONFLICT OF INTEREST DISCLOSURE FORM The award of this Contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bids: the name of any officer, director, or agent who is also an employee of the Village of North Palm Beach. Furthermore, all Bidders must disclose the name of any Village employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the Bidder’s firm or any of its branches. The purpose of this disclosure form is to give the Village the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this Contract. The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any Village duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: _________ To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, Contracts, or property interest for this Bid. _________ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, Contracts, or property interest for this Bid. Acknowledged by: ____________________________________________________________________________ Firm Name ____________________________________________________________________________ Signature ____________________________________________________________________________ Name and Title (Print or Type) ____________________________________________________________________________ Date Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 28 NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted Contractors list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases or real property to a public entity, may not be awarded or perform work as a Contractor, supplier, sub-vendor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted Contractors list. Acknowledged by: ____________________________________________________________________________ Firm Name ____________________________________________________________________________ Signature ____________________________________________________________________________ Name and Title (Print or Type) ____________________________________________________________________________ Date Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 29 DRUG-FREE WORKPLACE ________________________________________________________is a drug-free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: ____________________________________________________________________________ Firm Name ____________________________________________________________________________ Signature ____________________________________________________________________________ Name and Title (Print or Type) ____________________________________________________________________________ Date Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 30 SWORN STATEMENT PURSUANT TO SECTION 287.134(3)(a), FLORIDA STATUTES, ON DISCRIMINATION 1. This sworn statement is submitted to the Village of North Palm Beach, Florida by _____________________________________________________________________ (print individual's name and title) for _____________________________________________________________________ (print name of entity submitting sworn statement) whose business address is___________________________________________________ ________________________________________________________________________ and (if applicable) its Federal Employer Identification Number (FEIN) is:_____________ (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: _______________________) 2. I understand that "discrimination" as defined in Section 287.134(1)(b), Florida Statutes, means a determination of liability by a state circuit court or federal district court for a violation of any state or federal law prohibiting discrimination on the basis of race, gender, national origin, disability, or religion. 3. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of an entity that discriminated; or b. An entity under the control any natural person who is active in the management of the entity that discriminated. The term “affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another entity, or the pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one entity controls another entity. 4. I understand that an "entity" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies) _______Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been placed on the discriminatory vendors list. _______The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been placed on the discriminatory vendors list. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 31 _______The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been placed on the discriminatory vendors list. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the discriminatory vendors list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) The foregoing document was sworn and subscribed before me by means of physical presence or online notarization this ______ day of ______________, 20__ by ______________________, who is personally known to me or produced ______________________ as identification. ____________________________ Notary Public My Commission Expires: Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 32 SCRUTINIZED VENDOR CERTIFICATION PURSUANT TO SECTION 287.135, FLORIDA STATUTES This sworn statement is submitted to the Village of North Palm Beach, Florida by _____________________________________________________________________ (print individual's name and title) for _____________________________________________________________________ (print name of entity submitting sworn statement) whose business address is___________________________________________________ ________________________________________________________________________ and (if applicable) its Federal Employer Identification Number (FEIN) is:_____________ (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: _______________________) 1. I hereby certify that the above-named entity: A. Does not participate in the boycott of Israel; and B. Is not on the Scrutinized Companies that Boycott Israel List. 2. If the Contract for goods and services is for more than $1,000,000, I hereby certify that the above- named entity: A. Is not on the Scrutinized Companies with Activities in Sudan List; and B. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sector List; and C. Has not engaged in business operations in Cuba or Syria. Section 287.135, Florida Statutes, prohibits the Village from: (1) contracting with companies for goods or services in any amount if at the time of bidding on, submitting a Bids 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, Florida Statutes, or is engaged in a boycott of Israel; and (2) contracting with companies, for goods or services over $1,000,000 that are on the Scrutinized Companies with Activities in Sudan List or has been placed on a list created pursuant to Section 215.473, Florida Statutes, relating to scrutinized active business operations in Iran or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of the above-named entity, I hereby certify that the statements set forth above are true and 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 Village for goods or services may be terminated at the option of the Village if the company has been found to have submitted a false certification. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 33 (Signature) The foregoing document was sworn and subscribed before me by means of physical presence or online notarization this ______ day of ______________, 20__ by ______________________, who is personally known to me or produced ______________________ as identification. ____________________________ Notary Public My Commission Expires: Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 34 NON-COLLUSION AFFIDAVIT STATE OF ______________ COUNTY OF ____________ Before me, the undersigned authority, personally appeared ____________________________, who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He/She is __________________________ of ______________________________, the Bidder that has submitted a Bid to perform work for the following: ITB No.: _______________________ Title: b. He/She is fully informed respecting the preparation and contents of the attached Request for Bids, and of all pertinent circumstances respecting such Solicitation. Such Bid is genuine and is not a collusive or sham Bid. c. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Solicitation and Contract for which the attached Bid has been submitted or to refrain from proposing in connection with such Solicitation and Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the Village or any person interested in the proposed Contract. d. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. _______________________________ Signature Subscribed and sworn to (or affirmed) before me by means of physical presence or online notarization this _______ day of _____________________ 20__, by ______________________________, who is personally known to me or who has produced _______________________________________________ as identification. SEAL Notary Signature_____________________________ Notary Name: _______________________________ Notary Public (State): __________________________ My Commission No: ___________________________ Expires on: __________________________________ Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 35 TRENCH SAFETY AFFIDAVIT (IF APPLICABLE) _________________________________ (Bidder) hereby provides written assurance that compliance with applicable Trench Safety Standards identified in the Occupational Safety & Health Administration's Excavation Safety Standards, (OSHA) 29 C.F.R.S. 1926.650 Subpart P will be adhered to during trench excavation in accordance with Florida Statutes 553.60 through 553.64 inclusive (1990), "Trench Safety Act". The undersigned acknowledges that included in the various items of the Bids and in the Total Bid Price are costs for complying with the Florida "Trench Safety Act" as summarized below (attach additional sheets as necessary): Schedule Item Trench safety Measure (Slope, Trench Shield, etc.) Cost $ $ $ $ $ TOTAL $ ______________________________________ ___________________ (Signature) (Date) STATE OF ________________________ COUNTY OF ______________________ Subscribed and sworn to (or affirmed) before me by means of physical presence or online notarization on ___________________________________(date) by __________________________________________(name). He/She is personally known to me or has Presented ____________________________________________ (type of identification) as identification. ___________________________ ______________________________________ Notary Public Signature and Seal Print Notary Name and Commission No. FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON-RESPONSIVE Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 36 SECTION 8 SAMPLE CONTRACT FORMAT Below is the standard contract format for this Invitation to Bid. This is a sample contract only and is subject to revisions. PLEASE DO NOT COMPLETE. CONTRACT THIS CONTRACT is hereby made and entered into this ____ day of ____________, 20__, (the “effective date”) by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”), whose address is 501 U.S. Highway One, North Palm Beach, Florida 33408, and _____________, a corporation (hereafter referred to as “Contractor”), whose address is ______________. WHEREAS, the Village desires to retain the services of the Contractor to provide the goods and services in accordance with the Village’s Invitation to Bid No. , and the Contractor’s response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the Village agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Contract shall include and amendments hereto and shall incorporate the terms, conditions, and specifications set forth in the Village’s Invitation to Bid No. , and the Contractor’s response to the Invitation to Bid, including all documentation required thereunder (the “Contract Documents”). In resolving conflicts in any of the Contract Documents, the order of contract precedence shall be any amendments to this Contract and then this Contract and then the Village’s Invitation to Bid No. ______ and then the Contractor’s response to the Invitation to Bid. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the Village’s Invitation to Bid, which are incorporated herein by reference (“Work”). ARTICLE 3. COMPENSATION The Village shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein, according to the terms and specifications of the referenced Invitation to Bid. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Contract shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 37 i. As to the Village: Village of North Palm Beach 501 US Highway One North Palm Beach, Florida 33408 Attn: Village Manager -Chuck Huff Email: Chuff@Village-npb.org ii. with a copy to: Village of North Palm Beach 645 Prosperity Farms Road North Palm Beach, Florida 33408 Attn: Assistant Director Public Works -Jamie Mount Email: JMount@Village-npb.org iii. As to the Contractor: Attn.: Email: b. Headings. The headings contained in this Contract are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Contract. c. Effective Date. The effective date of this Contract shall be as of the date it has been executed by both the parties hereto. d. Preparation: This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. e. Counterparts: This Contract and all and amendments thereto may be executed in two or more counterparts, each of which shall be deemed to be an original, but each of which together shall constitute one and the same instrument. ARTICLE 5. CONTRACT TERM a. This Contract shall remain in effect until such time as the Work is completed, inspected, and accepted by the Village, provided, however, that any obligations of a continuing nature shall survive the expiration or termination of the Contract. b. The services provided by Contractor shall be commenced subsequent to execution and approval of this Contract by the Village and upon written notice from the Village to Contractor to proceed and shall be completed within (120) calendar days. ARTICLE 6. E-VERIFY Contractor warrants and represents that Contractor and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. Contractor has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with unauthorized aliens. If the Village has a good faith belief Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 38 that Contractor has knowingly violated Section 448.09(1), Florida Statutes, the Village shall terminate this Contract pursuant to Section 448.095(5), Florida Statutes, as may be amended. If the Village has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but Contractor has otherwise complied, it shall notify Contractor, and Contractor shall immediately terminate its contract with the subcontractor. ARTICLE 7. PUBLIC RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, Contractor shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, Contractor shall: a. Keep and maintain public records required by the Village to perform the service. b. Upon request from the Village’s custodian of public records, provide the Village with a copy 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, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the Village. d. Upon completion of the Contract, transfer, at no cost, to the Village all public records in possession of Contractor or keep and maintain public records required by the Village to perform the services. If Contractor transfers all public records to the Village upon completion of the Contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Village, upon request from the Village’s custodian of public records, in a format that is compatible with the information technology systems of the Village. ARTICLE 8. HUMAN TRAFFICKING Contractor, by signing this Contract as set forth below, attests that the Contractor does not use coercion for labor or services as defined in section 787.06, Florida Statutes. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 39 IN WITNESS WHEREOF, the parties have executed this Contract on the dates hereinafter written. VILLAGE OF NORTH PALM BEACH, FLORIDA [SEAL] By: ______________________________________ Deborah Searcy, Mayor ATTEST: By: ____________________________ Jessica Green, MMC, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ____________________________ Leonard G. Rubin, Village Attorney CONTRACTOR , By: ______________________________________ Print Name: ________________________________ Title: _____________________________________ WITNESS: By: ___________________________________ Print Name: ____________________________ Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 40 STATE OF ______________________________) COUNTY OF _____________________) The foregoing instrument was acknowledged before me by means of __ physical presence or __ online notarization this ________ day of ________, 20___ by _________________, as _________________, of ___________________________________., a company authorized to do business in the State of Florida, and __ who is personally known to me or __ who has produced _______________________________ as identification, and who did take an oath that the facts stated with regard to section 787.06, Florida Statutes, are true and correct, and that he or she is duly authorized to execute the foregoing instrument and bind _________________________________[Contractor], to the same. Notary Public _____________________________________ Print Name: ___________________________ My commission expires:__________________ Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 41 SECTION 9 PLANS & EXHIBITS Riverside Road • Civil Engineering plans -Engenuity Group, dated 3/14/25. • Geotechnical Report, Tierra South Florida, dated 3/6/24 Eastwind Drive • Civil Engineering plans - Engenuity Group, dated 3/17/25. © 2024 Microsoft Corporation © 2024 TomTom RKnow what'sbelow.Callbefore you dig.SUBMITTAL, BID SETADAM C. SWANEY, P.E., PROFESSIONAL ENGINEER LICENSE NO. 72235.THIS DOCUMENT HAS BEEN ELECTRONICALLY SIGNED ANDSEALED BY ADAM C. SWANEY, P.E. USING A SHA-1 AUTHENTICATION CODE.PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED ANDSEALED AND THE SHA-1 AUTHENTICATION CODE MUST BE VERIFIED ON ANYELECTRONIC COPIES.ã ·· J:\Land Projects R2\03045.194 Riverside Rd Cul-de-Sac Drainage Issue\DWG\C-1 COVER.dwg DATE: 3/14/2025 9:52 AMPLOT: 3/14/2025 9:58:08 AMC-1503045.194RIVERSIDE RD CUL-DE-SAC NORTH PALM BEACH, FLORIDA PALM BEACH COUNTY COVER RIVERSIDE ROAD CUL-DE-SAC DRAINAGE IMPROVEMENTSENGINEERING PLANSMARCH 2025VILLAGE OF NORTH PALM BEACHDRAWING INDEXSHEET NO.SHEET TITLEC-1COVER SHEETC-2PAVING, GRADING, & DRAINAGE PLANSC-3TOTAL NO. OF SHEETS - 5C-4PAY ITEMSC-5DETAILSNOTESPROJECT LOCATION (NTS)RIVERSIDE ROAD CUL-DE-SAC SAWCUT & MATCHEXISTING PAVEMENTMATCH TO EXISTING PAVERSWORK SHALL BE COORDINATED WITHPROPERTY OWNERS PRIOR TOSTART OF CONSTRUCTION (TYP)EXISTING OVERHEADEXISTING 8" PVC SEWER(TO REMAIN)RE-GRADE LANDSCAPE(TYP)6.035.905.855.805.785.925.865.82RE-GRADE SWALE TOMATCH FLOW LINE (TYP)5.76.005.855.905.925.97EXISTING SANITARY MANHOLERIM ELEV 5.92(TO REMAIN)MEG5.75.6AABORING LOCATION (B-1)BBBORING LOCATION (B-2)MATCH EXISTING SIDEWALKEXISTING CATCH BASIN(TO BE PROTECTED)EXISTING CATCH BASIN(TO BE PROTECTED)1" MILLING AND RESURACING5.405.50MATCH EXISTING SIDEWALKMEG5.455.32EXISTING 6" WATERMAIN(TO REMAIN)EXISTING COMMUNICATIONCABLE(TO REMAIN)5.54MEGMEG5.855.815.855.80TYPE-C INLET #1RIM=5.20'NE INV=1.21 (W/ PRB)TYPE- C INLET #2RIM=5.30'SW INV=1.21' (W/ PRB)22 LF OF 18" RCP w/17' LF OF 6' WIDE EXFILTRATION TRENCHMATCH TO EXISTING CONCRETEWORK SHALL BE COORDINATED WITHPROPERTY OWNERS PRIOR TOSTART OF CONSTRUCTION6.5±6.5±6.0±6.4±25 LF ROOT BARRIERDEEPROOT UB 48-2(OR APPROVED EQUAL)4.0'MATCHEXISTING GRADE5.0'WALKA-A SECTIONSCALE: 1"=10'EXISTING SODRIVERSIDE ROADCONCRETE SIDEWALKFILL TO PROPOSED GRADE ANDSOD TO MATCH EXISTING12" COMPACTED SUBGRADEMIN LBR 40. (COMPACTED TO ATLEAST 98% OF THE MAXIMUMDENSITY DETERMINED BYAASHTO T-180)8" ROCK BASE (MIN LBR OF 100)COMPACTED TO 98% PER AASHTO T-1802" TYPE SP9.5 ASPHALTICCONCRETE TWO LIFTS WITH TACK COAT80.0'UNSUITABLE SOIL(TO BE REMOVED)CONTRACTOR TO FIELD VERIFYEXTENTS OF UNSUITABLEMATERIAL. THICKNESS OF APPROX.1.5'.IF ANY UNSUITABLE MATERIAL ISLOCATED BELOW ELEVATION (-)1.0'CONTRACTOR SHALL PLACEEL=±0.0 NAVDEL=±1.5 NAVD5.0'B-B SECTIONSCALE: 1"=10'SWALE15.0'20.0'RIVERSIDE RDPROPERTY LINEPROPERTY LINEWALKEXISTING SODMATCHEXISTING GRADEREGRADE SWALETO MATCH FLOW LINE(SOD TO MATCH EXISTING)EXISTING ASPHALT(TO REMAIN)2% MAX4.0'MATCHEXISTING GRADE5.0'WALKEXISTING SODCONCRETE SIDEWALKFILL TO PROPOSED GRADE ANDSOD TO MATCH EXISTINGPROPERTY LINE2% MAX1" MILLING AND RESURFACINGw/ 1" SP-9.5 ASPHALT AND TACK COATMATCHEXISTING GRADECONCRETE SIDEWALK2% MAX12" COMPACTED SUBGRADEMIN LBR 40. (COMPACTED TO ATLEAST 98% OF THE MAXIMUMDENSITY DETERMINED BYAASHTO T-180)8" ROCK BASE (MIN LBR OF 100)COMPACTED TO 98% PER AASHTO T-180(w/ PRIME COAT)2" TYPE SP9.5 ASPHALTICCONCRETE TWO LIFTS WITH TACK COATRKnow what'sbelow.Callbefore you dig.SUBMITTAL, BID SETADAM C. SWANEY, P.E., PROFESSIONAL ENGINEER LICENSE NO. 72235.THIS DOCUMENT HAS BEEN ELECTRONICALLY SIGNED ANDSEALED BY ADAM C. SWANEY, P.E. USING A SHA-1 AUTHENTICATION CODE.PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED ANDSEALED AND THE SHA-1 AUTHENTICATION CODE MUST BE VERIFIED ON ANYELECTRONIC COPIES.ã ·· J:\Land Projects R2\03045.194 Riverside Rd Cul-de-Sac Drainage Issue\DWG\03045.194 ENG.dwg DATE: 3/14/2025 9:53 AMPLOT: 3/14/2025 9:58:09 AMC-2503045.194RIVERSIDE RD CUL-DE-SAC NORTH PALM BEACH, FLORIDA PALM BEACH COUNTY PAVING, GRADING, &DRAINAGE SCALE: 1" =GRAPHIC SCALE020'203040LEGEND: (ABBREVIATIONS)ELELEVATIONEXISTEXISTINGFFEFINISH FLOOR ELEVATIONFTFEET OR FOOTNTSNOT TO SCALER/WRIGHT-OF-WAYSDSTORM DRAINAGESFSQUARE FEETSSSANITARY SEWERTEMPTEMPORARYTYPTYPICALUEUTILITY EASEMENTw/WITHWMWATERMAINGENERAL NOTES:1.ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(N.A.V.D. 1988) AND REFERENCE THE FOLLOWING BENCHMARKS:NAME:MACAOSTAMPED: MACAO ELEVATIONN= 12.816 NAVD 88NAME:WESSENDORFSTAMPED: WESSENDORF ELEVATIONN= 10.389 NAVD 882.ALL AREAS DISTURBED BY CONSTRUCTION SHALL BE RESTORED TO THEIR ORIGINAL CONDITION.3.TOPOGRAPHIC SURVEY PERFORMED BY ENGENUITY GROUP, INC.4.LAST DATE OF FIELD SURVEY: 2-20-20245.CONTRACTOR TO COLOR COAT ASPHALT PATH TO MATCH EXISTING.6.UNSUITABLE SOIL SHALL BE REMOVED AND REPLACED WITH CLEAN SOIL. COMPACT TO AT LEAST98% OF THE MAXIMUM DENSITY DETERMINED BY AASHTO T-180.7.CONTRACTOR SHALL RE-GRADE SWALES TO MATCH FLOW LINE AS SHOWN. REPLACE SOD WITH STAUGUSTINE. IRRIGATION SHALL BE REPLACED/REPAIRED TO MATCH EXISTING. GRADE SOIL TWOINCHES LOWER THAN PROPOSED FINAL GRADE, PRIOR TO SOD PLACEMENT. RKnow what'sbelow.Callbefore you dig.SUBMITTAL, BID SETADAM C. SWANEY, P.E., PROFESSIONAL ENGINEER LICENSE NO. 72235.THIS DOCUMENT HAS BEEN ELECTRONICALLY SIGNED ANDSEALED BY ADAM C. SWANEY, P.E. USING A SHA-1 AUTHENTICATION CODE.PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED ANDSEALED AND THE SHA-1 AUTHENTICATION CODE MUST BE VERIFIED ON ANYELECTRONIC COPIES.ã ·· J:\Land Projects R2\03045.194 Riverside Rd Cul-de-Sac Drainage Issue\DWG\03045.194 PAY ITEM.dwg DATE: 3/14/2025 9:56 AMPLOT: 3/14/2025 9:58:10 AMC-3503045.194RIVERSIDE RD CUL-DE-SAC NORTH PALM BEACH, FLORIDA PALM BEACH COUNTY PAY ITEMS ITEM PGD-6ITEM PGD-8ITEM PGD-9ITEM PGD-11ITEM PGD-12-13ITEM PGD-14ITEM PGD-16UNIT PRICE INCLUDES ANY TACK AND INSTALLATION. INCLUDE CONSTRUCTION OF AN ASPHALT ROADWAY PER THE DETAIL IN THEPLANS. THE UNIT PRICE SHALL INCLUDE ALL EXCAVATION, LINE CUTTING OF EXISTING PAVEMENT, PREPARATION OF SUBGRADE, FINEGRADING, PLACEMENT OF SUBGRADE MATERIAL, COMPACTION, ROLLING, BROOMING, AND OTHER MISCELLANEOUS WORK REQUIREDTO COMPLETE THE WORK IN ACCORDANCE WITH FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROADAND BRIDGE CONSTRUCTION, LATEST EDITION, THE CITY, AND PALM BEACH COUNTY SPECIFICATIONS.UNIT PRICE INCLUDES ALL LABOR, MATERIAL, EQUIPMENT AND INCIDENTALS NECESSARY TO PROVIDE 8 INCHES OF LIMEROCK (LBR 100)TO INCLUDE BUT NOT LIMITED TO GRADING, SUBGRADE SHAPING, ROLLING/COMPACTING, TESTING, AND PRIME COAT OF THE FINISHEDROCK, SO THAT FINAL BASE IS UNIFORM AND READY FOR PAVING. CONTRACTOR IS ALSO RESPONSIBLE FOR WORKING THE EXISTINGBASE OR BRINGING ADDITION MATERIAL IF NECESSARY TO INSURE THE SUBGRADE IS FIRM AND UNYIELDING TO THE WEIGHT OF AFULLY LOADED DUMP TRUCK BEFORE BASE IS PLACED. COST OF THIS WORK IS INCLUDED INTO THE PAY ITEM.UNIT PRICE INCLUDES ALL LABOR, MATERIAL, EQUIPMENT AND INCIDENTALS NECESSARY FOR MILLING EXISTING ASPHALT PAVEMENTAND INSTALLING NEW 1 INCH TYPE SP 9.5 ASPHALT OVERLAY, WHERE INDICATED ON THE PLANS. UNIT PRICE PER SQUARE YARD FOR 1INCH AND 1 INCH MINIMUM MILLING AND TYPE SP 9.5 ASPHALT OVERLAY AND SHALL INCLUDE ALL LABOR, MATERIAL, ASPHALT TESTING,AND EQUIPMENT REQUIRED TO MILL AN AVERAGE 1 INCH BUT NOT LESS THAN 1 INCH, OF EXISTING ASPHALT AND CONSTRUCT TYPE SP9.5 ASPHALTIC CONCRETE OVERLAY AS SHOWN ON THE PLAN VIEW AND DETAIL DRAWINGS. THE UNIT PRICE SHALL INCLUDECOMPENSATION FOR MULTIPLE MOBILIZATIONS, LABOR, MATERIALS, AND EQUIPMENT REQUIRED TO MILL EXISTING PAVEMENT AND THECONSTRUCT THE NEW TYPE SP 9.5 ASPHALTIC SURFACE OVERLAY WITH TACK COAT.UNIT PRICE INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO CONSTRUCT THE CONCRETE SIDEWALK AND DRIVEWAYAS SHOWN ON THE DETAIL DRAWINGS. THE WORK NEEDED TO INSTALL THE CONCRETE SIDEWALK SHOULD BE DONE IN ACCORDANCEWITH THE LATEST FLORIDA DEPARTMENT OF TRANSPORTATION, AND NORTH PALM BEACH SPECIFICATIONS. CONCRETE THAT ISDAMAGED INCIDENTAL TO THE CONSTRUCTION OR CONCRETE THAT IS DEFECTIVE SHALL BE REPLACED BY THE CONTRACTOR AT NOADDITIONAL COST TO THE OWNER.PAY ITEM NOTES:ITEM PGD-1ITEM PGD-2ITEM PGD-3ITEM PGD-4ITEM PGD-5THIS LUMP SUM ITEM INCLUDES MOBILIZATION/DEMOBILIZATION, INSURANCE, BOND, LICENSE, DENSITY TESTING, DEWATERINGAND OTHER MISCELLANEOUS ADMINISTRATIVE COSTS, AND ALL OTHER COSTS TO THE CONTRACTOR NOT SPECIFICALLYIDENTIFIED IN THE COSTS OF OTHER WORK UNDER THE CONTRACT WILL BE MADE AT THE CONTRACT LUMP SUM PRICE BID FORTHE ITEM. NO ADDITIONAL PAYMENT SHALL BE MADE FOR TRANSPORTATION, COMMUNICATIONS, OFFICE MAINTENANCE, ANDOTHER INCIDENTAL WORK OR SERVICES, AND NO FURTHER PAYMENT SHALL BE MADE FOR REMOBILIZATION UNLESS ALL OF THEWORK IS SUSPENDED BY THE ENGINEER FOR A PERIOD IN EXCESS OF THREE MONTHS AND THROUGH NO FAULT TO THECONTRACTOR.THE CONTRACT UNIT PRICE SHALL INCLUDE COMPENSATION FOR LABOR, MATERIALS, EQUIPMENT AND ALL OTHERINCIDENTALS REQUIRED TO COMPLETE THIS ITEM.THIS LUMP SUM ITEM INCLUDES PREPARATION OF MOT PLAN, AS WELL AS ALL FURNISHING AND PLACING TEMPORARY MOTSIGNS, POSTS, BARRICADES, CONNECTIONS, INSTALLATION AND REMOVAL. INCLUDES MAINTENANCE OF TRAFFIC AND DETOURSAS REQUIRED AROUND THE CONSTRUCTION AREAS, REMOVAL AND REINSTALLATION OF EXISTING TRAFFIC SIGNS, ANDMAINTENANCE OF DRIVEWAYS DURING CONSTRUCTION TO ALLOW ACCESS TO PROPERTY.THIS LUMP SUM ITEM SHALL INCLUDE COMPENSATION FOR REQUIRED LABOR, MATERIALS, AND EQUIPMENT NECESSARY TOPROVIDE SILT FENCE, STORMWATER SYSTEM PROTECTION, AND NPDES CONTROLS IN ACCORDANCE WITH THE SPECIFICATIONS.THIS LUMP SUM PRICE INCLUDES SAW CUTTING AND REMOVAL OF EXISTING ASPHALT, BASE, CONCRETE, UNSUITABLE MATERIALSAND ROOT SYSTEMS ENTIRELY BELOW PROPOSED BASE, REMOVAL OF ANY UNFORESEEN OBSTRUCTIONS AS NECESSARY TOCOMPLETE THE CONSTRUCTION PROJECT AS SHOWN ON THE DRAWINGS.THIS LUMP SUM ITEM INCLUDES AS-BUILT DRAWINGS BY A LICENSED SURVEYOR ON FULL-SIZE, REPRODUCIBLE MATERIAL AND ANELECTRONIC FILE IN AUTOCAD LATEST VERSION. THE AS-BUILT DATA SHALL BE IN STATE PLANE COORDINATES AND NAVD 88. UPONCOMPLETION OF THE WORK, THE CONTRACTOR SHALL PREPARE A RECORD SET OF AS-BUILT PLANS OVERLAID ON THE DESIGNUNIT PRICE INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO FURNISH AND INSTALL THE CLASS 3 REINFORCEDCONCRETE PIPE. SHALL INCLUDE ALL PIPES, JOINTS, FILTER FABRIC, BEDDING, TRENCHING, EXCAVATION, BACKFILL, COMPACTION, ANDALL INCIDENTAL LABOR AND MATERIAL NECESSARY TO COMPLETE THE CONSTRUCTION OF PIPE IN ACCORDANCE WITH FLORIDADEPARTMENT OF TRANSPORTATION AND VILLAGE OF NPB STANDARDS.UNIT PRICE INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO EXCAVATE SITE TO REQUIRED DEPTH. THIS PAY ITEM ISPLAN QUANTITY. EXCAVATION QUANTITIES ESTIMATED WITHOUT COMPACTION RATE APPLIED.UNIT PRICE INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO CONSTRUCT THE PAVER DRIVEWAY. ALL EXCAVATION,STOCKPILING OF PAVERS TO BE REUSED, ADDITION AND PREPARATION OF BASE MATERIAL, INCLUDING SAND LAYER, MORTAR CONFININGBORDER, PLACEMENT OF PAVERS, AND OTHER MISCELLANEOUS WORK REQUIRED TO COMPLETE THE WORK IN ACCORDANCE WITHFLORIDA DEPARTMENT OF TRANSPORTATION AND VILLAGE OF NPB STANDARDS.ITEM PGD-17ITEM PGD-18ITEM PGD-19ITEM PGD-20ITEM PGD-21UNIT PRICE INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO FURNISH AND INSTALL THE NO. 4 COARSE AGGREGATE,FILTER FABRIC ENVELOPE, AND SLOTTED DRAINAGE PIPE. SHALL INCLUDE ALL TRENCHING, BACKFILL, AND ALL INCIDENTAL LABOR ANDMATERIAL NECESSARY TO COMPLETE THE CONSTRUCTION OF THE EXFILTRATION TRENCH AS REQUIRED BY THIS SECTION OF THESPECIFICATION.UNIT PRICE INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO REMOVE THE UNSUITABLE SOIL AND HAVE PROPERLYDISPOSED.UNIT PRICE INCLUDES ALL MATERIALS, LABOR, EQUIPMENT, AND INCIDENTAL COSTS CONNECTED WITH THE SWALE GRADING,RE-SODDING AND REPAIR AND RE-SETTING OF ANY IRRIGATION HEADS OR PIPES DISTURBED.UNIT PRICE INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO FURNISH AND INSTALL OF GEOGRID REINFORCEMENT.THE GEOGRID WILL ONLY BE INSTALLED IF THE DEPTH OF UNSUITABLE SOIL EXCEEDS THE THRESHOLD DEPTH AS DETERMINED BY THEENGINEER OR GEOTECHNICAL CONSULTANT ON SITE.UNIT PRICE INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO FURNISH AND INSTALL ROOT BARRIER.DescriptionUnitQuantityItem #PAVING, GRADING, AND DRAINAGE1MobilizationLS12Maintenance of TrafficLS13Pollution PreventionLS14DemolitionLS15Staking and Record DrawingsLS16ExcavationCY667EmbankmentCY15582" Type SP-9.5 Asphaltic ConcreteSY180912" Compacted SubgradeSY180108" Baserock w/ Prime coatSY18011Milling and Resurfacing w/ 1" SP-9.5 AsphaltSY535124" Thick Concrete Sidewalk/PadSY94136" Thick Concrete DrivewaySY8814Driveway Restoration PaversSY5515Inlets, DT Bot, Type C, <10'EA21618" RCP - Drainage PipeLF22176' Wide Exfiltration TrenchLF1718Removal of Unsuitable SoilCY10019Deeproot UB 48-2 Tree Root Barrier (O.A.E.)LF2520Swale Grading and Re-soddingSY147Additional Alternate21GeogridSY50ITEM PGD-7UNIT PRICE INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO FURNISH AND INSTALL SUITABLE CLEAN FILL TO BEPROVIDED, TRANSPORTED, PLACED AND COMPACTED ON THE SITE. THE MATERIAL SHALL BE CAREFULLY DEPOSITED IN UNIFORMLAYERS NOT TO EXCEED 12 INCH THICK AND EACH LAYER SHALL BE COMPACTED. QUANTITIES ESTIMATED WITHOUT COMPACTION RATEAPPLIED.ITEM PGD-15UNIT PRICE INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO FURNISH AND INSTALL THE TYPE C DRAINAGE INLETS,POLLUTION CONTROL BAFFLES, AND ALL INCIDENTAL LABOR AND MATERIAL NECESSARY TO COMPLETE THE CONSTRUCTION INACCORDANCE WITH FLORIDA DEPARTMENT OF TRANSPORTATION AND VILLAGE OF NPB STANDARDS. RKnow what'sbelow.Callbefore you dig.SUBMITTAL, BID SETADAM C. SWANEY, P.E., PROFESSIONAL ENGINEER LICENSE NO. 72235.THIS DOCUMENT HAS BEEN ELECTRONICALLY SIGNED ANDSEALED BY ADAM C. SWANEY, P.E. USING A SHA-1 AUTHENTICATION CODE.PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED ANDSEALED AND THE SHA-1 AUTHENTICATION CODE MUST BE VERIFIED ON ANYELECTRONIC COPIES.ã ·· J:\Land Projects R2\03045.194 Riverside Rd Cul-de-Sac Drainage Issue\DWG\03045.194 ENG.dwg DATE: 3/14/2025 9:53 AMPLOT: 3/14/2025 9:58:11 AMC-4503045.194RIVERSIDE RD CUL-DE-SAC NORTH PALM BEACH, FLORIDA PALM BEACH COUNTY DETAILS RKnow what'sbelow.Callbefore you dig.SUBMITTAL, BID SETADAM C. SWANEY, P.E., PROFESSIONAL ENGINEER LICENSE NO. 72235.THIS DOCUMENT HAS BEEN ELECTRONICALLY SIGNED ANDSEALED BY ADAM C. SWANEY, P.E. USING A SHA-1 AUTHENTICATION CODE.PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED ANDSEALED AND THE SHA-1 AUTHENTICATION CODE MUST BE VERIFIED ON ANYELECTRONIC COPIES.ã ·· J:\Land Projects R2\03045.194 Riverside Rd Cul-de-Sac Drainage Issue\DWG\03045.194 ENG.dwg DATE: 3/14/2025 9:53 AMPLOT: 3/14/2025 9:58:12 AMC-5503045.194RIVERSIDE RD CUL-DE-SAC NORTH PALM BEACH, FLORIDA PALM BEACH COUNTY NOTES NOTES:1.ALL AREAS DISTURBED BY CONSTRUCTION SHALL BE RESTORED TO THEIRORIGINAL CONDITION. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO PAVEMENTMARKINGS, DRIVEWAYS, IRRIGATION, LIGHTING, MAILBOXES, FIRE HYDRANTS,METERS, FENCING, EXISTING DRAINAGE, VEGETATION, SOD, DUNES, ETC.2.VALVE BOXES, MANHOLES, CLEANOUTS, AND OTHER UTILITIES IN THE PAVEMENTWORK AREA SHALL BE PROTECTED AND ADJUSTED TO MATCH FINISHED GRADE.3.SIGNS TO BE ADJUSTED WHERE APPLICABLE. STRIPING SHALL BE THERMOPLASTICUNLESS OTHERWISE NOTED.4.THE VILLAGE OF NORTH PALM BEACH WILL BE RESPONSIBLE FOR ANY TREEREMOVALS WITHIN THE PUBLIC RIGHT-OF-WAY. CONTRACTOR TO COORDINATEWITH THE VILLAGE IF CONFLICTS ARISE DURING CONSTRUCTION.5.ROADWAY NEEDS TO REMAIN OPEN TO THE PUBLIC AT ALL TIMES.6.MAINTENANCE OF TRAFFIC (MOT), CONTRACTOR TO PROVIDE MOT PLAN FORAPPROVAL BY TOWN STAFF PRIOR TO CONSTRUCTION. MOT PLAN SHALL BEPREPARED BY A CERTIFIED WORKSITE TRAFFIC CONTROL TECHNICIAN OR TRAFFICCONTROL SUPERVISOR, AS APPROPRIATE FOR JOB COMPLEXITY. A LEGIBLE COPYOF THE TECHNICIAN/SUPERVISOR'S VALID CERTIFICATION MUST BE SUBMITTEDWITH THE MOT PLAN. A CERTIFIED TRAFFIC CONTROL SUPERVISOR MUST SIGN THEMOT PLAN, AND A COPY OF HIS/HER CURRENT CERTIFICATION MUST BE INCLUDED.7.ALL PAVEMENT MARKING, GEOMETRICS AND SIGNAGE SHALL COMPLY WITH PALMBEACH COUNTY TRAFFIC DIVISION STANDARD DETAIL NO. T-P-18.GENERAL:1.WORK INCLUDED:A.THE CONTRACTOR SHALL FURNISH ALL LABOR, SUPERINTENDENCE, QUALITY CONTROL,MATERIALS, PLANT, POWER, LIGHT, HEAT, FUEL, WATER, TOOLS, APPLIANCES,EQUIPMENT, SUPPLIES, AND OTHER MEANS OF CONSTRUCTION NECESSARY ANDPROPER FOR PERFORMING AND COMPLETING THE WORK. CONTRACTOR SHALLPERFORM AND COMPLETE THE WORK IN THE MANNER BEST CALCULATED TO PROMOTESCHEDULED CONSTRUCTION CONSISTENT WITH SAFETY OF LIFE AND PROPERTY ANDTO THE SATISFACTION OF THE OWNER, AND IN STRICT ACCORDANCE WITH THECONTRACT DOCUMENTS. THE CONTRACTOR SHALL CLEAN UP THE WORK, MAINTAIN ITDURING CONSTRUCTION, AND PAY ALL COSTS INCIDENTAL THERETO. CONTRACTORSHALL REPAIR OR RESTORE ALL STRUCTURES AND PROPERTY THAT MAY BE DAMAGEDOR DISTURBED DURING PERFORMANCE OF THE WORK.B.THE COST OF INCIDENTAL WORK DESCRIBED IN THESE GENERAL REQUIREMENTS, FORWHICH THERE ARE NO SPECIFIC CONTRACT ITEMS, SHALL BE CONSIDERED AS PART OFTHE GENERAL COST OF DOING THE WORK AND SHALL BE INCLUDED IN THE PRICES FORTHE VARIOUS CONTRACT ITEMS. NO ADDITIONAL PAYMENT WILL BE MADE THEREFORE.C.THE CONTRACTOR SHALL PROVIDE AND MAINTAIN SUCH MODERN PLANT, TOOLS, ANDEQUIPMENT AS MAY BE NECESSARY IN THE OPINION OF THE ENGINEER, TO PERFORM INA SATISFACTORY AND ACCEPTABLE MANNER ALL THE WORK REQUIRED BY THECONTRACT. ONLY EQUIPMENT OF ESTABLISHED REPUTATION AND PROVEN EFFICIENCYSHALL BE USED. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR THEADEQUACY OF WORKMANSHIP, MATERIALS AND EQUIPMENT, PRIOR APPROVAL OF THEENGINEER NOTWITHSTANDING.2.MOBILIZATION:A.PERFORM PREPARATORY WORK AND OPERATIONS IN MOBILIZING FOR BEGINNINGWORK ON THE PROJECT, INCLUDING, BUT NOT LIMITED TO, THOSE OPERATIONSNECESSARY FOR THE MOVEMENT OF PERSONNEL, EQUIPMENT, SUPPLIES, ANDINCIDENTALS TO THE PROJECT SITE AND FOR THE ESTABLISHMENT OF TEMPORARYOFFICES, BUILDINGS, SAFETY EQUIPMENT AND FIRST AID SUPPLIES, AND OTHERFACILITIES. INCLUDE THE COSTS OF BONDS AND ANY REQUIRED INSURANCE AND ANYOTHER PRE-CONSTRUCTION EXPENSE NECESSARY FOR THE START OF THE WORK,EXCLUDING THE COST OF CONSTRUCTION MATERIALS.3.MAINTENANCE OF TRAFFIC:A.PREPARE AND SUBMIT A MAINTENANCE OF TRAFFIC PLAN FOR REVIEW. APROFESSIONAL ENGINEER LICENSED IN THE STATE OF FLORIDA OR A PERSON THAT HASSATISFACTORILY COMPLETED THE AMERICAN TRAFFIC SAFETY SERVICES ASSOCIATION“FLORIDA ADVANCED WORK ZONE TRAFFIC CONTROL COURSE” SHALL PREPARE THEPLAN.B.CONTRACTOR SHALL BE RESPONSIBLE TO MAINTAIN TRAFFIC CONTROL THROUGH THEWORK AREA FOR THE DURATION OF CONSTRUCTION. PROVIDE TRAFFIC CONTROLDEVICES THAT ARE ON THE FLORIDA DEPARTMENT OF TRANSPORTATION'S “QUALIFIEDPRODUCT LIST”.4.PROGRESS SCHEDULE:A.PREPARE A CONSTRUCTION PROGRESS SCHEDULE COVERING ALL THE WORK INVOLVEDIN THE CONTRACT. THIS INCLUDES SUBMITTAL AND APPROVAL OF SHOP DRAWINGS ONCRITICAL ITEMS, FABRICATION AND DELIVERY OF IDENTIFIABLE MATERIALS ANDEQUIPMENT, SPECIFIC ITEMS OR WORK IN THE SCOPE, INTERFACES REQUIRED WITHOTHER CONTRACTS THAT MAY BE PART OF AN OVERALL PROJECT, AND SPECIFICDEPENDENCIES UPON ACTS OR ACTIVITIES OF PARTIES NOT UNDER THE CONTROL OFCONTRACTOR.B.THE BAR GRAPH METHOD OR CRITICAL PATH METHOD ARE ACCEPTABLE FORSCHEDULING CONSTRUCTION ACTIVITY.5.SHOP DRAWINGS, PRODUCT DATA AND SAMPLES:A.SUBMIT AT LEAST EIGHT (8) COPIES OF ALL REQUIRED SHOP DRAWINGS, PRODUCT DATAAND SAMPLES FOR ENGINEER'S REVIEW.B.SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND TRANSMITTAL LETTERS PERTAININGTHERETO SHALL BE IDENTIFIED WITH THE TITLE OF THE PROJECT, SUBMISSION DATE,AND THE CONTRACTOR'S ACKNOWLEDGEMENT THAT HE HAS REVIEWED THEM ANDFOUND THEM ACCEPTABLE.C.NOTIFY ENGINEER IN WRITING, AT THE TIME OF SUBMITTAL, OF ANY DEVIATIONS IN THESUBMITTALS FROM THE REQUIREMENTS OF THE CONTACT DOCUMENTS.D.THE REVIEW AND APPROVAL OF SHOP DRAWINGS, SAMPLES OR PRODUCT DATA BY THEENGINEER SHALL NOT RELIEVE THE CONTRACTOR FROM HIS/HER RESPONSIBILITY WITHREGARD TO THE FULFILLMENT OF THE TERMS OF THE CONTRACT DOCUMENTS. ALLRISKS OF ERROR AND OMISSION ARE ASSUMED BY THE CONTRACTOR AND THEENGINEER WILL HAVE NO RESPONSIBILITY THEREFORE.6.BORING LOGS, OTHER REPORTS AND DRAWINGS UTILIZED BY ENGINEER:A.BORING LOGS, OTHER REPORTS AND DRAWINGS UTILIZED BY ENGINEER, IF ENCLOSED,ARE PROVIDED FOR CONTRACTOR'S INFORMATION AND ARE NOT A PART OF THECONTRACT DOCUMENTS. THERE IS NO TECHNICAL DATA IN THE BORING LOGS, OTHERREPORTS OR DRAWINGS THAT SHOULD BE RELIED ON BY THE CONTRACTOR.7.CONSTRUCTION STAKING:A.THE BASELINES AND BENCHMARKS FOR PRIMARY CONTROL, NECESSARY TO ESTABLISHLINES AND GRADES NEEDED FOR CONSTRUCTION ARE SHOWN ON THE DRAWINGS.THESE BASELINES AND BENCHMARKS SHALL BE USED AS THE ORIGIN OF ALL SURVEYS,LAYOUTS AND MEASUREMENTS TO ESTABLISH CONSTRUCTION LINES AND GRADES.CONTRACTOR SHALL TAKE ALL NECESSARY PRECAUTIONS TO PREVENT THE LOSS ORDAMAGE OF PRIMARY CONTROL POINTS. ANY STAKES AND/OR CONTROL POINTS LOSTOR DAMAGED BY CONSTRUCTION ACTIVITY WILL BE RE-ESTABLISHED BY CONTRACTORAT NO ADDITIONAL EXPENSE TO OWNER.B.CONSTRUCTION STAKING SHALL BE PERFORMED BY A PROFESSIONAL SURVEYOR ANDMAPPER LICENSED IN THE STATE OF FLORIDA.8.PROTECTION/ADJUSTMENT OF UTILITIES:A.UTILITY INSTALLATIONS AND STRUCTURES SHALL BE UNDERSTOOD TO INCLUDE ALLPOLES, TRACKS, PIPES, WIRES, CONDUITS, HOUSE SERVICE CONNECTIONS, VAULTS,MANHOLES AND ALL OTHER APPURTENANCES AND FACILITIES PERTAINING THERETOWHETHER OWNED OR CONTROLLED BY THE OWNER, OTHER GOVERNMENTAL BODIESOR PRIVATELY OWNED BY INDIVIDUALS, FIRMS OR CORPORATIONS, USED TO SERVE THEPUBLIC WITH TRANSPORTATION, TRAFFIC CONTROL, GAS, ELECTRICITY, TELEPHONE,SEWERAGE, DRAINAGE, WATER OR OTHER PUBLIC OR PRIVATE PROPERTY WHICH MAYBE AFFECTED BY THE WORK.B.CONTRACTOR SHALL PROTECT ALL UTILITY INSTALLATIONS AND STRUCTURES FROMDAMAGE DURING WORK. ACCESS ACROSS ANY BURIED PUBLIC UTILITY INSTALLATIONOR STRUCTURE SHALL BE MADE ONLY IN SUCH LOCATIONS AND BY MEANS APPROVEDBY THE UTILITY OWNER. THE CONTRACTOR SHALL SO ARRANGE OPERATIONS AS TOAVOID ANY DAMAGE TO THESE FACILITIES. ALL REQUIRED PROTECTIVE DEVICES ANDCONSTRUCTION SHALL BE PROVIDED BY THE CONTRACTOR. ALL EXISTING PUBLICUTILITIES DAMAGED BY THE CONTRACTOR WHICH ARE SHOWN ON THE DRAWINGS ORHAVE BEEN LOCATED IN THE FIELD BY THE UTILITY OWNER SHALL BE REPAIRED BY THECONTRACTOR.C.PUBLIC UTILITY INSTALLATIONS OR STRUCTURES OWNED OR CONTROLLED BY THEOWNER OR OTHER GOVERNMENTAL BODY, WHICH ARE SHOWN ON THE DRAWINGS TOBE REMOVED, RELOCATED, REPLACED OR REBUILT BY THE CONTRACTOR SHALL BEINCLUDED IN THE PRICES BID FOR THE VARIOUS CONTRACT ITEMS. NO SEPARATEPAYMENTS SHALL BE MADE THEREFORE.D.WHERE PUBLIC UTILITY INSTALLATIONS OR STRUCTURES OWNED OR CONTROLLED BYTHE OWNER OR OTHER GOVERNMENTAL BODY ARE ENCOUNTERED DURING THECOURSE OF THE WORK, AND ARE NOT INDICATED ON THE DRAWINGS OR IN THESPECIFICATIONS, AND WHEN IN THE OPINION OF THE ENGINEER, REMOVAL,RELOCATION, REPLACEMENT OR REBUILDING IS NECESSARY TO COMPLETE THE WORKUNDER THIS CONTRACT, SUCH WORK SHALL BE ACCOMPLISHED BY THE UTILITY HAVINGJURISDICTION, OR SUCH WORK MAY BE ORDERED, IN WRITING BY THE ENGINEER, FORTHE CONTRACTOR TO ACCOMPLISH. IF SUCH WORK IS ACCOMPLISHED BY THE UTILITYHAVING JURISDICTION IT WILL BE CARRIED OUT EXPEDITIOUSLY AND THE CONTRACTORSHALL GIVE FULL COOPERATION TO PERMIT THE UTILITY TO COMPLETE THE REMOVAL,RELOCATION, REPLACEMENT OR REBUILDING AS REQUIRED. IF SUCH WORK ISACCOMPLISHED BY THE CONTRACTOR, IT WILL BE IN ACCORDANCE WITH THE GENERALAND SUPPLEMENTARY CONDITIONS.E.CONTRACTOR SHALL GIVE WRITTEN NOTICE TO OWNER AND GOVERNMENTAL UTILITYDEPARTMENTS AND OTHER OWNERS OF PUBLIC UTILITIES OF THE LOCATION OF THEPROPOSED CONSTRUCTION OPERATIONS, AT LEAST SEVENTY-TWO (72) HOURS INADVANCE OF BREAKING GROUND IN ANY AREA OR ON ANY UNIT OF THE WORK.F.THE MAINTENANCE, REPAIR, REMOVAL, RELOCATION OR REBUILDING OF PUBLIC UTILITYINSTALLATIONS AND STRUCTURES, WHEN ACCOMPLISHED BY THE CONTRACTOR ASHEREIN PROVIDED, SHALL BE DONE BY METHODS APPROVED BY THE UTILITY OWNER.9.FIELD OBSERVATIONS AND TESTING:A.FIELD OBSERVATIONS WILL BE PERFORMED BY ENGINEER AND ALL FIELD TESTING OFMATERIALS WILL BE PERFORMED BY AN INDEPENDENT TESTING LABORATORY. THECOST OF TESTS WILL BE PAID BY THE CONTRACTOR.B.FOR TESTS SPECIFIED TO BE MADE BY THE CONTRACTOR (FOR EQUIPMENT/MATERIALPRIOR TO DELIVERY TO THE PROJECT SITE), THE TESTING PERSONNEL SHALL MAKE THENECESSARY INSPECTIONS AND TESTS AND THE REPORTS THEREOF SHALL BE IN SUCHFORM AS WILL FACILITATE CHECKING TO DETERMINE COMPLIANCE WITH THE CONTACTDOCUMENTS. SIX (6) COPIES OF THE REPORTS SHALL BE SUBMITTED ANDAUTHORITATIVE CERTIFICATION THEREOF MUST BE FURNISHED TO THE ENGINEER AS APREREQUISITE FOR THE ACCEPTANCE OF ANY MATERIAL OR EQUIPMENT.C.IF, IN THE MAKING OF ANY TEST OF ANY MATERIAL, IT IS ASCERTAINED BY THE ENGINEERTHAT THE MATERIAL DOES NOT COMPLY WITH THE CONTRACT, THE CONTRACTOR WILLBE NOTIFIED THEREOF AND WILL BE DIRECTED TO REFRAIN FROM DELIVERING SAIDMATERIAL, OR TO REMOVE IT PROMPTLY FROM THE SITE OR FROM THE WORK ANDREPLACE IT WITH ACCEPTABLE MATERIAL, WITHOUT ADDITIONAL COST TO THE OWNER.D.THE CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR THE PROPER OPERATION OFMATERIAL DURING TESTS AND CONSTRUCTION PERIODS AND SHALL NEITHER HAVE NORMAKE ANY CLAIM FOR DAMAGE THAT MAY OCCUR TO MATERIAL PRIOR TO THE TIMEWHEN THE OWNER FORMALLY TAKES OVER THE OPERATION THEREOF.E.CONTRACTOR IS RESPONSIBLE FOR SCHEDULING FIELD TESTING.10.SALVAGE MATERIAL:A.ALL SALVAGEABLE MATERIAL AND EQUIPMENT REMOVED FROM THE EXISTINGCONSTRUCTION FOR WHICH SPECIFIC USE, RELOCATION OR OTHER DISPOSAL IS NOTSPECIFICALLY NOTED ON THE DRAWINGS OR OTHERWISE SPECIFIED, SHALL REMAINTHE PROPERTY OF THE OWNER AND SHALL BE TURNED OVER TO HIM. ALL MATERIALAND EQUIPMENT NOT IN SALVAGEABLE CONDITION AS DETERMINED BY THE ENGINEER,SHALL BE DISPOSED OF BY THE CONTRACTOR IN A LEGAL MANNER AT THECONTRACTOR'S EXPENSE. THE ACTUAL STORAGE SITE FOR SALVAGEABLE MATERIALWILL BE DESIGNATED BY THE OWNER.11.CLEANING:A.DURING CONSTRUCTION OF THE WORK, THE CONTRACTOR SHALL, AT ALL TIMES, KEEPTHE SITE OF THE WORK AND ADJACENT PREMISES AS FREE FROM MATERIAL, DEBRISAND RUBBISH AS IS PRACTICABLE AND SHALL REMOVE THE SAME FROM ANY PORTIONOF THE SITE IF, IN THE OPINION OF THE ENGINEER, SUCH MATERIAL, DEBRIS, ORRUBBISH CONSTITUTES A NUISANCE OR IS OBJECTIONABLE.B.AT THE CONCLUSION OF THE WORK, ALL TOOLS, TEMPORARY STRUCTURES ANDMATERIALS BELONGING TO THE CONTRACTOR SHALL BE PROMPTLY TAKEN AWAY ANDCONTRACTOR SHALL REMOVE AND PROMPTLY DISPOSE OF ALL RUBBISH OR ANY OTHERFOREIGN MATERIALS. THE CONTRACTOR SHALL THOROUGHLY CLEAN ALL MATERIALINSTALLED AND SHALL DELIVER SUCH MATERIALS UNDAMAGED IN A CLEAN AND NEWCONDITION.12.DENSITY TESTING REQUIREMENTS:A.ALL DENSITY TESTS SHALL BE SIGNED AND SEALED BY A REGISTERED PROFESSIONALGEOTECHNICAL ENGINEER, LICENSED IN THE STATE OF FLORIDA.B.ALL TESTS AND LOCATIONS ARE SUBJECT TO REVIEW BY REPRESENTATIVES OF OUR OFFICEAND ADDITIONAL TESTS MAY BE REQUIRED BASED ON FIELD OBSERVATIONS OF CONSTRUCTIONTECHNIQUES OR MATERIALS USED ON SITE.C.DENSITY TESTING SHALL BE PROVIDED FOR THE BASE COURSE EVERY 400 FEET OF THEROADWAY.EARTHWORK:1.CONTRACTOR SHALL OBTAIN A “DEWATERING GENERAL WATER USE PERMIT” FROM THESOUTH FLORIDA WATER MANAGEMENT DISTRICT PRIOR TO COMMENCING DEWATERINGUNLESS THE WORK QUALIFIES FOR A 'NO-NOTICE' AUTHORIZATION AS DESCRIBED IN RULE40E-20.302(3) OF THE FLORIDA ADMINISTRATIVE CODE.2.CONTRACTOR SHALL LOCATE EXISTING UNDERGROUND UTILITIES IN THE AREA OF THEWORK AS CONSTRUCTION PROCEEDS. IF UTILITIES ARE TO REMAIN IN PLACE, PROVIDEADEQUATE MEANS OF PROTECTION.3.SHOULD UNCHARTED OR INCORRECTLY CHARTED PIPING OR OTHER UTILITIES BEENCOUNTERED DURING EXCAVATION, NOTIFY THE ENGINEER IMMEDIATELY. COOPERATEWITH RESPONSIBLE UTILITY COMPANIES IN KEEPING RESPECTIVE SERVICES AND FACILITIESIN OPERATION.4.DO NOT INTERRUPT EXISTING UTILITIES SERVING FACILITIES OCCUPIED AND USED BYOWNER OR OTHERS, EXCEPT WHEN PERMITTED IN WRITING BY THE RESPECTIVE UTILITYOWNER.5.CONTRACTOR SHALL SUSTAIN IN THEIR PLACES AND PROTECT FROM DIRECT OR INDIRECTINJURY ALL PIPES, POLES, UTILITIES, WALLS, BUILDINGS, AND OTHER STRUCTURES ORPROPERTY IN THE VICINITY OF WORK, WHETHER ABOVE OR BELOW THE GROUND, OR THATMAY APPEAR IN THE TRENCH. CONTRACTOR SHALL TAKE ALL RISKS ATTENDANT TO THEPRESENCE OR PROXIMITY OF PIPES, POLES, WALLS, BUILDINGS, AND OTHER STRUCTURESAND PROPERTY, OF EVERY KIND AND DESCRIPTION, IN OR OVER HIS TRENCHES,EXCAVATIONS OR IN THE VICINITY OF HIS WORK WHETHER ABOVE OR BELOW THE GROUNDAND SHALL BE RESPONSIBLE FOR ALL DAMAGE AND ASSUME ALL EXPENSE FOR DIRECT ORINDIRECT INJURY, CAUSED BY HIS WORK, TO ANY OF THEM, OR TO ANY PERSON ORPROPERTY BY REASON OF INJURY TO THEM, WHETHER SUCH STRUCTURES ARE OR ARENOT SHOWN ON THE DRAWINGS.6.PROTECT STRUCTURES, UTILITIES, SIDEWALKS, PAVEMENTS, BENCHMARKS, AND OTHERFACILITIES FROM DAMAGE CAUSED BY SETTLEMENT, LATERAL MOVEMENT, UNDERMINING,WASHOUT, AND OTHER HAZARDS CREATED BY EXCAVATING OPERATIONS.7.PROVIDE EROSION CONTROL MEASURES TO PREVENT EROSION OR DISPLACEMENT OFSOILS AND DISCHARGE OF SOIL BEARING WATER RUNOFF OR AIRBORNE DUST TOADJACENT PROPERTIES AND WALKWAYS.8.WHEN EXCAVATIONS EXCEED 5 FEET IN DEPTH, CONTRACTOR SHALL MEET THEOCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION'S EXCAVATION SAFETY STANDARDS29 C.F.R.S. 1926.650, SUBPART P.9.MATERIAL BELOW SUBGRADE DEEMED UNSUITABLE SHALL BE REMOVED AND REPLACEDWITH CLEAN GRANULAR MATERIAL.10.EXCAVATION IN THE VICINITY OF ADJACENT FACILITIES SHALL BE PERFORMED BY MEANSTHAT WILL NOT DAMAGE THE FACILITIES. ANY DAMAGE TO EXISTING FACILITIES CAUSED BYTHE CONTRACTOR'S OPERATIONS SHALL BE REPAIRED TO THE SATISFACTION OF THEFACILITY'S OWNER AT NO ADDITIONAL COST TO OWNER.11.TRENCH BOTTOM SHALL BE SHAPED TO CONFORM TO PIPE BELLS OR OTHER SHAPEIRREGULARITIES OF SPECIAL APPURTENANCES.12.WHERE A TRENCH CROSSES EXISTING PAVED AREAS OR ROADWAYS WHICH HAVE NOTBEEN SCHEDULED TO BE REPAVED ON THE DRAWINGS, THE PAVED AREA SHALL BE SAWCUT. RIPPING OF PAVEMENT FOR TRENCHES WITH EXCAVATION EQUIPMENT WILL NOT BEALLOWED.13.SATISFACTORY EXCAVATED MATERIALS SHALL BE STOCKPILED UNTIL REQUIRED FORBACKFILL. STOCKPILES SHALL BE PLACED, GRADED AND SHAPED FOR PROPER DRAINAGE.14.SOIL MATERIALS SHALL BE LOCATED AND RETAINED AWAY FROM EDGES OF EXCAVATIONS.15.EXCESS AND/OR UNSATISFACTORY MATERIALS SHALL BE DISPOSED OF OFFSITE16.GENERAL: PROVIDE BORROW SOIL MATERIALS WHEN SUFFICIENT SATISFACTORY SOILMATERIALS ARE NOT AVAILABLE FROM EXCAVATIONS.17.SATISFACTORY SOILS: ASTM D2487 SOIL CLASSIFICATION GROUPS GW, GP, GM, SW, SP, ANDSM, OR A COMBINATION OF THESE GROUPS, FREE OF ROCK OR GRAVEL LARGER THAN 3INCHES IN ANY DIMENSION, DEBRIS, WASTE, VEGETATION, AND OTHER DELETERIOUSMATTER.18.UNSATISFACTORY SOILS: ASTM D2487 SOIL CLASSIFICATION GROUPS GC, SC, ML, MH, CL,CH, OL, OH AND PT, OR A COMBINATION OF THESE GROUPS.19.UNSATISFACTORY SOILS ALSO INCLUDE SATISFACTORY SOILS NOT MAINTAINED WITHIN 2PERCENT OF OPTIMUM MOISTURE CONTENT AT TIME OF COMPACTION.20.BACKFILL AND FILL: SATISFACTORY SOIL MATERIALS.21.BACKFILL SHALL BE PLACED IN LAYERS NOT TO EXCEED TWELVE INCHES IN DEPTH ASMEASURED BEFORE COMPACTION. EACH LAYER SHALL BE COMPACTED TO AT LEAST THEMINIMUM PERCENTAGE OF A MODIFIED PROCTOR (ASTM D1557) SPECIFIED IN THECOMPACTION SCHEDULED IN PARAGRAPH 3.03.22.AREAS ADJACENT TO STRUCTURES AND OTHER CONFINED AREAS INACCESSIBLE TO AVIBRATORY ROLLER SHALL BE COMPACTED WITH A MANUALLY OPERATED VIBRATORYCOMPACTOR.23.IT IS THE INTENTION THAT THE FILL MATERIALS WITH RESPECT TO MOISTURE BE USED INTHE CONDITION THEY ARE EXCAVATED INSOFAR AS THIS IS PRACTICABLE. MATERIAL WHICHIS TOO WET SHALL BE SPREAD ON THE FILL AREA AND PERMITTED TO DRY, ASSISTED BYHARROWING IF NECESSARY, UNTIL THE MOISTURE CONTENT IS REDUCED TO ALLOWABLELIMITS.24.IF ADDED MOISTURE IS REQUIRED, WATER SHALL BE APPLIED BY SPRINKLER TANKS OROTHER SPRINKLER SYSTEMS WHICH WILL INSURE UNIFORM DISTRIBUTION OF THE WATEROVER THE AREA TO BE TREATED AND GIVE COMPLETE AND ACCURATE CONTROL OF THEAMOUNT OF WATER TO BE USED. IF TOO MUCH WATER IS ADDED THE AREA SHALL BEPERMITTED TO DRY BEFORE COMPACTION IS CONTINUED.25.SUPPLY ALL HOSE, PIPING, VALVES, SPRINKLERS, PUMPS, SPRINKLER TANKS, HAULINGEQUIPMENT, AND ALL OTHER MATERIALS AND EQUIPMENT NECESSARY TO PLACE THEWATER ON THE FILL.26.UNSUITABLE AND SURPLUS EXCAVATED MATERIALS BECOME THE PROPERTY OF THECONTRACTOR AND ARE TO BE REMOVED AND DISPOSED OF OFF SITE.27.SUITABLE EXCAVATED MATERIAL MAY BE USED FOR FILL OR BACKFILL IF IT MEETS THESESPECIFICATIONS.28.ALLOW TESTING LABORATORY TO INSPECT AND TEST SUBGRADES AND EACH FILL ORBACKFILL LAYER. PROCEED WITH SUBSEQUENT EARTHWORK ONLY AFTER TEST RESULTSFROM PREVIOUSLY COMPLETED WORK COMPLIES WITH REQUIREMENTS.29.TESTING AGENCY WILL TEST COMPACTION OF SOILS IN PLACE ACCORDING TO ASTM D2922.30.WHEN TESTING AGENCY REPORTS THAT SUBGRADES, FILLS OR BACKFILLS HAVE NOTACHIEVED DEGREE OF COMPACTION SPECIFIED, SCARIFY AND MOISTEN OR AERATE, ORREMOVE AND REPLACE SOIL TO DEPTH REQUIRED; RECOMPACT AND RETEST UNTILSPECIFIED COMPACTION IS OBTAINED.31.PROTECT NEWLY GRADED AREAS FROM TRAFFIC AND EROSION. KEEP FREE OF TRASH ANDDEBRIS.32.REPAIR AND RE-ESTABLISH GRADES TO SPECIFIED TOLERANCES WHERE COMPLETED ORPARTIALLY COMPLETED SURFACES BECOME ERODED, RUTTED, SETTLED, OR WHERE THEYLOSE COMPACTION DUE TO SUBSEQUENT CONSTRUCTION OPERATIONS OR WEATHERCONDITIONS.PAVING:1.DELIVER A REPRESENTATIVE LOAD OF THE ROCK MATERIAL TO THE SITE FOR A TESTINGLABORATORY TO SAMPLE. ALLOW SUFFICIENT TIME FOR TEST LABORATORY TO ANALYZEBEFORE COMMENCING PLACEMENT ON THE ROAD. TESTING LABORATORY WILL DETERMINELAB DENSITY PER AASHTO T180 AND THE LIMEROCK BEARING RATIO.2.REPRESENTATIVE LOAD OF ROCK IS TO REMAIN IN STOCKPILE FORM THROUGHOUT ROCKDELIVERY SO THAT ENGINEER CAN MONITOR QUALITY OF ROCK MATERIAL BEINGDELIVERED.3.ROCK BASE: MINIMUM LIMEROCK BEARING RATIO OF 100. AT LEAST 97 PERCENT OF THEMATERIAL SHALL PASS A 3-1/2 INCH SIEVE AND THE MATERIAL SHALL BE GRADEDUNIFORMLY DOWN TO DUST. ALL CRUSHING OR BREAKING-UP WHICH MIGHT BE NECESSARYIN ORDER TO MEET SUCH SIZE REQUIREMENT SHALL BE DONE BEFORE THE MATERIAL ISPLACED ON THE ROAD. MATERIAL SHALL NOT CONTAIN CHERTY OR OTHER EXTREMELYHARD PIECES, OR LUMPS, BALLS OR POCKETS OF SAND OR CLAY SIZE MATERIAL INSUFFICIENT QUANTITY AS TO BE DETRIMENTAL TO THE PROPER BONDING, FINISHING, ORSTRENGTH OF THE ROCK BASE.4.COMPACT SUBGRADE TO AT LEAST 98 PERCENT OF THE MAXIMUM DENSITY DETERMINED BYASTM D1557 (AASHTO T180).5.VERIFY SUBGRADE IS READY TO RECEIVE BASE MATERIAL.6.SPREAD THE ROCK UNIFORMLY. REMOVE ALL SEGREGATED AREAS OF FINE OR COARSEROCK AND REPLACE THEM WITH PROPERLY GRADED ROCK.7.AFTER SPREADING OF THE BASE IS COMPLETED, THE ENTIRE SURFACE SHALL BE SCARIFIEDAND SHAPED SO AS TO PRODUCE THE EXACT GRADE AND CROSS SECTION AFTERCOMPACTION. FOR DOUBLE COURSE BASE, THIS SCARIFYING SHALL EXTEND TO A DEPTHSUFFICIENT TO PENETRATE SLIGHTLY THE SURFACE OF THE FIRST COURSE.8.WHEN THE SPECIFIED THICKNESS OF THE ROCK BASE IS GREATER THAN 6 INCHES,CONSTRUCT THE BASE IN MULTIPLE COURSES OF EQUAL THICKNESS. INDIVIDUAL COURSESSHALL NOT BE LESS THAN 3 INCHES.9.WHEN THE MATERIAL DOES NOT HAVE THE PROPER MOISTURE CONTENT TO INSURE THEREQUIRED DENSITY, WETTING OR DRYING WILL BE REQUIRED. IF THE MATERIAL ISDEFICIENT IN MOISTURE, WATER WILL BE ADDED AND UNIFORMLY MIXED IN BY DISKING THEBASE COURSE TO ITS FULL DEPTH. IF THE MATERIAL CONTAINS AN EXCESS OF MOISTURE, ITSHALL BE ALLOWED TO DRY BEFORE BEING COMPACTED. WETTING OR DRYINGOPERATIONS SHALL INVOLVE MANIPULATION OF THE ENTIRE WIDTH AND DEPTH OF THEBASE AS A UNIT. AS SOON AS PROPER CONDITIONS OF MOISTURE ARE ATTAINED, THEMATERIAL SHALL BE COMPACTED TO AN AVERAGE DENSITY NOT LESS THAN NINETY-EIGHT(98) PERCENT OF THE MAXIMUM DENSITY DETERMINED BY AASHTO T-180.10.UNLESS OTHERWISE DIRECTED BY THE ENGINEER, THE SURFACE SHALL BE “HARD-PLANED”WITH A BLADE GRADER IMMEDIATELY PRIOR TO THE APPLICATION OF THE PRIME COAT TOREMOVE THE THIN GLAZE OR CEMENTED SURFACE AND TO ALLOW FREE PENETRATION OFTHE PRIME MATERIAL. THE MATERIALS PLANED FROM THE BASE SHALL BE REMOVED FROMTHE BASE AREA.11.IF, AT ANY TIME, THE SUBGRADE MATERIAL BECOMES MIXED WITH THE BASE COURSEMATERIAL, DIG OUT AND REMOVE THE MIXTURE, AND RESHAPE AND COMPACT THESUBGRADE. THEN REPLACE THE MATERIALS REMOVED WITH CLEAN BASE MATERIAL, ANDSHAPE AND COMPACT. PERFORM THIS WORK AT NO ADDITIONAL EXPENSE TO THE OWNER.12.IN THE PRESENCE OF THE ENGINEER, CHECK THE FINISHED SURFACE OF THE BASE COURSEWITH A TEMPLATE CUT TO THE REQUIRED CROWN AND WITH A 15-FOOT STRAIGHTEDGE LAIDPARALLEL TO THE CENTERLINE OF THE ROAD. CORRECT ALL IRREGULARITIES GREATERTHAN ¼ INCH TO THE SATISFACTION OF THE ENGINEER BY SCARIFYING AND REMOVING ORADDING ROCK AS REQUIRED, AND RECOMPACT THE ENTIRE AREA.13.IF CRACKS OR CHECKS APPEAR IN THE BASE, EITHER BEFORE OR AFTER PRIMING, WHICH INTHE OPINION OF THE ENGINEER WOULD IMPAIR THE STRUCTURAL EFFICIENCY OF THE BASECOURSE, THE CONTRACTOR SHALL REMOVE SUCH CRACKS OR CHECKS BY RESCARIFYING,RESHAPING, ADDING BASE MATERIAL WHERE NECESSARY AND RECOMPACTING.14.ASPHALT MIX DESIGN FOR EACH ASPHALT TYPE SPECIFIED ON THE DRAWINGS. MIX DESIGNSHALL INCLUDE THE INFORMATION SPECIFIED IN PARAGRAPH 334-3 OF THE FDOTSPECIFICATIONS.15.PRIMER: PROVIDE CUTBACK ASPHALT, RC-70 OR RC-250 COMPLYING WITH FDOTSPECIFICATION 916-3.16.ASPHALT CONCRETE: ASPHALTIC CONCRETE SURFACE COURSE SHALL BE COMPOSED OF AMIXTURE OF AGGREGATE, MINERAL FILLER, IF NEEDED, AND ASPHALT CEMENT. THE CONSTITUENTSOF THE MIXTURE SHALL BE COMBINED IN SUCH PROPORTIONS AS TO PRODUCE A MIXTURE HAVINGA STABILITY WITHIN THE LIMITS IN THE FDOT "STANDARD SPECIFICATIONS". THE JOB MIX FORMULA,SIZE AND PERCENT OF AGGREGATES SHALL BE AS SPECIFIED IN THE FDOT "STANDARDSPECIFICATIONS". THE THICKNESS OF THE SURFACE COURSE SHALL BE AS SHOWN ON THEDETAILED DRAWINGS.17.SPREAD THE ASPHALT MIXTURE ONLY WHEN THE SURFACE UPON WHICH IT IS TO BE LAIDHAS BEEN PREVIOUSLY PREPARED, IS INTACT, FIRM, AND PROPERLY CURED, AND IS DRY.18.VERIFY GRADIENTS AND ELEVATIONS OF BASE ARE CORRECT.19.DO NOT BEGIN PAVING INSTALLATION WITHOUT ENGINEER ACCEPTANCE OF THESUBSTRATE.20.SPREAD THE ASPHALT MIXTURE ONLY WHEN THE AIR TEMPERATURE IN THE SHADE ANDAWAY FROM THE ARTIFICIAL HEAT IS AT LEAST 40°F FOR LAYERS GREATER THAN 1-INCH INTHICKNESS AND AT LEAST 45°F FOR LAYERS 1-INCH OR LESS IN THICKNESS.21.CLEAN THE SURFACE OF THE BASE OR PAVEMENT TO BE COVERED OF ALL LOOSE ANDDELETERIOUS MATERIAL BY THE USE OF POWER BROOMS OR BLOWERS, SUPPLEMENTEDBY HAND BROOMING WHERE NECESSARY.22.WHERE AN ASPHALT MIX IS TO BE PLACED ON AN EXISTING PAVEMENT OR OLD BASE WHICHIS IRREGULAR, FILL ALL DEPRESSIONS IN THE EXISTING SURFACE MORE THAN 1 INCH DEEPBY SPOT PATCHING WITH A LEVELING COURSE MIXTURE, AND THEN COMPACT THEMTHOROUGHLY. FILL CRACKS LARGER THAN ¼ INCH IN WIDTH WITH A SLURRY MIXTURE OFSAND AND EMULSION.23.PRIMER:A.APPLY PRIMER OVER SUBSTRATE AT A UNIFORM RATE OF NOT LESS THAN 0.15GALLON/SQUARE YARD FOR SHELLROCK BASES AND NOT LESS THAN 0.10GALLON/SQUARE YARD FOR LIMEROCK BASES.B.APPLY TO CONTACT SURFACES OF CURBS, GUTTERS, AND OTHER CEMENT SURFACES.C.USE CLEAN SAND TO BLOT EXCESS PRIMER.24.MAINTAIN THE TEMPERATURE OF THE MIX AT THE TIME OF SPREADING WITHIN ±25°F OF THEESTABLISHED MIX TEMPERATURE. ENGINEER WILL TAKE MIX TEMPERATURES AT ANAVERAGE FREQUENCY OF ONE PER FIVE TRUCKS. IF THE TEMPERATURE FAILS TO FALLWITHIN THE SPECIFIED TOLERANCE RANGE, TAKE CORRECTIVE ACTION.25.IMMEDIATELY CEASE TRANSPORTATION OF ASPHALT MIXTURES FROM THE PLANT WHENRAIN BEGINS AT THE ROADWAY. DO NOT PLACE ASPHALT MIXTURES WHILE RAIN IS FALLING,OR WHEN THERE IS WATER ON THE SURFACE TO BE COVERED.26.BEFORE STARTING ANY ROLLING, CHECK THE SURFACE; CORRECT ANY IRREGULARITIES;REMOVE ALL DRIPPINGS, FAT SANDY ACCUMULATIONS FROM THE SCREED, AND FAT SPOTSFROM ANY SOURCE AND REPLACE THEM WITH SATISFACTORY MATERIAL. WHENCORRECTING A DEPRESSION WHILE THE MIXTURE IS HOT, SCARIFY THE SURFACE AND ADDFRESH MIXTURE.27.COMPACT MIXTURE IN ACCORDANCE WITH PARAGRAPH 330-10 OF THE FDOTSPECIFICATIONS.28.OBTAIN A SMOOTH SURFACE ON ALL PAVEMENT COURSES PLACED AND THENSTRAIGHTEDGE ALL INTERMEDIATE AND FINAL COURSES WITH A 15-FOOT ROLLINGSTRAIGHTEDGE. FURNISH A 15-FOOT STRAIGHTEDGE AND MAKE IT AVAILABLE AT THE JOBSITE AT ALL TIMES DURING THE PAVING OPERATION FOR CHECKING JOINTS AND SURFACEIRREGULARITIES.29.PRODUCE A FINISHED SURFACE OF UNIFORM TEXTURE AND COMPACTION WITH NO PULLED,TORN, OR LOOSENED PORTIONS AND FREE OF SEGREGATION, AND STREAKS, SAND SPOTS,OR RIPPLES.30.UPON COMPLETION OF FINAL SURFACE COURSE ENGINEER WILL TEST FINISHED SURFACEWITH A 15- FOOT ROLLING STRAIGHTEDGE. CORRECT ALL DEFICIENCIES IN EXCESS OF3/16-INCH IN ACCORDANCE WITH PARAGRAPH 330-12 OF THE FDOT SPECIFICATIONS.31.ENGINEER MAY DETERMINE PAVEMENT THICKNESS FROM THE DEPTH OF CORE BORINGS.THE MAXIMUM ALLOWABLE DEFICIENCY IN THICKNESS FOR PAVEMENT OF A SPECIFIEDTHICKNESS OF 2½ INCHES OR MORE IS ½ INCH. FOR PAVEMENT OF A SPECIFIED THICKNESSOF LESS THAN 2½ INCHES IS ¼ INCH.32.IMMEDIATELY AFTER PLACEMENT, PROTECT PAVEMENT FROM MECHANICAL INJURY FOR ASLONG AS REQUIRED UNTIL ACCEPTED BY ENGINEER.1. PROVISIONS FOR CONTROL OF POLLUTION:A.SUFFICIENT PRECAUTIONS SHALL BE TAKEN DURING CONSTRUCTION TO PREVENT THE RUN-OFF OF POLLUTINGSUBSTANCES SUCH AS SILT, CLAY, FUELS, OILS, BITUMEN'S OR OTHER POLLUTING MATERIALS HARMFUL TOHUMANS, FISH, OR OTHER LIFE, INTO THE SUPPLIES AND SURFACE WATERS OF THE STATE OF FLORIDA. CONTROLMEASURES MUST BE ADEQUATE TO ASSURE THAT TURBIDITY IN THE RECEIVING WATER WILL NOT BE INCREASEDMORE THAN 29 NEPHELOMETRIC TURBIDITY UNITS (NTU) ABOVE BACKGROUND UNLESS OTHERWISE PERMITTED.SPECIAL PRECAUTIONS SHALL BE TAKEN IN THE USE OF CONSTRUCTION EQUIPMENT TO PREVENT OPERATIONSWHICH PROMOTE EROSION. EROSION EVIDENT WITHIN THE LIMITS OF CONSTRUCTION OR OTHER AREASAFFECTED BY THE CONTRACTOR SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR.B.FILL OUT A NOTICE OF INTENT FORM (FDEP FORM 62-621.300(4)(B) AND SUBMIT IT TO THE FLORIDA DEPARTMENTOF ENVIRONMENTAL PROTECTION.C.EXCAVATION OF WATER MANAGEMENT FACILITIES SHOULD OCCUR IMMEDIATELY AFTER CLEARING ANDGRUBBING TO SERVE AS A SEDIMENT TRAP OR CATCHMENT FOR STORMWATER RUNOFF FROM EXPOSED SOILS.D.CONSTRUCT PERIMETER BERM OR GRADE SITE TO PREVENT OFF-SITE DISCHARGE OF STORMWATER RUNOFF.E.PLACE SILT FENCES OR HAY BALES TO CONTAIN EROSION IN AREAS PRONE TO STORMWATER RUNOFF EROSIVEVELOCITIES.F.PROTECT EACH INLET THAT MAY RECEIVE RUNOFF FROM THE CONSTRUCTION SITE WITH SILT FENCE/FILTERFABRIC STAKED IN PLACE.G.INSTALL TURBIDITY SCREENS WITHIN THE RECEIVING BODY BEFORE COMMENCEMENT OF BANK IMPROVEMENTSAND OUTFALL INSTALLATIONS.H.TAKE ALL REASONABLE PRECAUTIONS TO CONTROL DUST AND UNCONFINED PARTICULATE MATTER. THEAPPLICATION OF WATER IS AN ACCEPTABLE DUST SUPPRESSANT ON ROADWAYS, STOCKPILES, AND ANY OTHERAREAS WITHIN THE PROJECT BOUNDARIES. DUST SUPPRESSANT WATER SHALL BE APPLIED IN SUCH A MANNERSO AS NOT TO PRODUCE EXCESS RUNOFF AND EROSION.I.TURBIDITY IN RECEIVING WATER SHALL NOT BE INCREASED MORE THAN 29 NEPHELOMETRIC TURBIDITY UNITS(NTU) ABOVE BACKGROUND.J.TAKE PRECAUTIONS IN THE USE OF CONSTRUCTION EQUIPMENT TO PREVENT OPERATIONS WHICH PROMOTEEROSION.2.OTHER CONTROLS AND MATERIAL MANAGEMENT PRACTICES:A.FERTILIZERS - APPLY FERTILIZERS ONLY IN THE MINIMUM AMOUNT RECOMMENDED BY THE MANUFACTURER. IFSTORED ONSITE, PROVIDE COVERED STORAGE. TRANSFER THE CONTENTS OF ANY PARTIALLY USED BAGS OFFERTILIZER TO A SEALABLE CONTAINER TO AVOID SPILLS.B.HAZARDOUS WASTE - DISPOSE OF IN A MANNER SPECIFIED BY LOCAL OR STATE REGULATIONS.C.NOISE - MINIMIZE NOISE CAUSED BY THE OPERATION OF EQUIPMENT. ABIDE BY ALL LOCAL REGULATIONSCOVERING NOISE CONTROL.D.ODORS - DO NOT CAUSE OBJECTIONABLE ODORS TO BE GENERATED.E.OFFSITE VEHICLE TRACKING - PROVIDE A ROCK CONSTRUCTION ENTRANCE TO REDUCE VEHICLE TRACKING OFSEDIMENTS. DUMP TRUCKS HAULING MATERIAL FROM THE CONSTRUCTION SITE SHALL BE COVERED WITH ATARPAULIN.F.OPEN BURNING - NO OPEN FIRES OR BURNING OF MATERIALS OTHER THAN VEGETATIVE LAND CLEARING DEBRIS.OBTAIN PRIOR APPROVAL TO BURN FROM THE LOCAL AUTHORITY AND APPLICABLE FIRE MARSHALL.G.PAINTS - ALL CONTAINERS SHALL BE TIGHTLY SEALED AND STORED WHEN NOT REQUIRED FOR USE. EXCESSPAINT SHALL NOT BE DISCHARGED TO THE STORM SEWER SYSTEM, BUT WILL BE PROPERLY DISPOSED OFACCORDING TO THE PAINT MANUFACTURER'S INSTRUCTIONS AND STATE OR LOCAL REGULATIONS.H.PESTICIDES AND HERBICIDES - ANY PESTICIDE AND HERBICIDE USAGE WILL BE BY STATE LICENSEDAPPLICATORS.I.PETROLEUM PRODUCTS - MONITOR ONSITE VEHICLES AND TANKS FOR LEAKS. THEY SHALL RECEIVE REGULARPREVENTIVE MAINTENANCE TO REDUCE THE CHANCE OF LEAKAGE. STORE PETROLEUM PRODUCTS IN TIGHTLYSEALED CONTAINERS, WHICH ARE CLEARLY LABELED. USE ASPHALT SUBSTANCES ACCORDING TO THEMANUFACTURER'S RECOMMENDATIONS. PROVIDE SECONDARY CONTAINMENT FOR ALL ABOVE GROUND FUELTANKS.J.SANITARY WASTE - COLLECT ALL SANITARY WASTE FROM THE PORTABLE UNITS AT LEAST TWICE PER WEEK.K.WASTE MATERIALS - COLLECT AND STORE ALL WASTE MATERIALS IN A SECURELY COVERED METAL DUMPSTERPROVIDED BY A LICENSED SOLID WASTE MANAGEMENT COMPANY. DEPOSIT ALL TRASH AND CONSTRUCTIONDEBRIS FROM THE SITE IN THE DUMPSTER. THE DUMPSTER IS TO BE EMPTIED AS NEEDED SO THERE IS NOOVERFLOW. HAUL TRASH TO A STATE APPROVED LANDFILL FACILITY.3. MAINTENANCE / INSPECTION PROCEDURES:A.INSPECT ALL CONTROL MEASURES AT LEAST ONCE PER WEEK AND FOLLOWING ANY STORM EVENT OF 0.5 INCHESOR GREATER.B.MAINTAIN ALL MEASURES IN GOOD WORKING ORDER. IF A REPAIR IS NECESSARY, IT MUST BE INITIATED WITHIN 24HOURS OF THE ONSITE INSPECTION REPORT.C.REMOVE BUILT UP SEDIMENT FROM SILT FENCE WHEN IT HAS REACHED ONE-THIRD THE HEIGHT OF THE FENCE.D.INSPECT SILT FENCE FOR DEPTH OF SEDIMENT, TEARS, TO SEE IF THE FABRIC IS SECURELY ATTACHED TO THEFENCE POSTS, AND TO SEE THAT THE FENCE POSTS ARE FIRMLY IN THE GROUND.E.PREPARE A MAINTENANCE INSPECTION REPORT AFTER EACH INSPECTION. A COPY OF THE REPORT FORM TO BECOMPLETED BY THE INSPECTOR IS FOUND AT THE END OF THIS SECTION.F.THE CONTRACTOR SHALL DESIGNATE A QUALIFIED PERSON TO BE RESPONSIBLE FOR INSPECTIONS,MAINTENANCE AND REPAIR ACTIVITIES, AND COMPLETING THE INSPECTION AND MAINTENANCE REPORTS.G.NON-STORMWATER DISCHARGES ARE PERMISSIBLE PROVIDED THAT DISCHARGE DOES NOT CAUSE EROSION ORCREATE TURBIDITY WITHIN THE RECEIVING BODY AND ARE IN COMPLIANCE WITH REGULATORY REQUIREMENTS.THESE DISCHARGES MAY INCLUDE WATER LINE FLUSHING, FIRE FIGHTING ACTIVITIES, FIRE HYDRANT FLUSHING,DUST CONTROL, IRRIGATION DRAINAGE, AIR CONDITIONING CONDENSATION, AND WATER USED TO SPRAY OFFLOOSE SOLIDS FROM VEHICLES. Report Cover Page Riverside Road Subsurface Exploration Geotechnical Data Report March 6, 2024 | Terracon Project No. HD245008 Prepared for: Engenuity Group, Inc. 1280 North Congress Avenue, Suite 101 West Palm Beach, FL 33409 5463 W. Waters Avenue, Suite 830 Tampa, Florida 33634 P (813) 221-0050 Terracon.com Facilities | Environmental |Geotechnical |Materials Report Cover L etter to SignMarch 6, 2024 Engenuity Group, Inc. 1280 North Congress Avenue, Suite 101 West Palm Beach, FL 33409 Attn: Adam Swaney, P.E. P:561-313-6138 E:aswaney@engenuitygroup.com Re: Geotechnical Data Report Riverside Road Subsurface Exploration Riverside Road, just north of Lighthouse Drive North Palm Beach, Florida Terracon Project No. HD245008 Mr. Swaney: We have completed the scope of Geotechnical Data services for the above referenced project in general accordance with Terracon Proposal No. PHD245008 dated February 8th, 2024. This report presents the findings of the subsurface exploration for the proposed project. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning this report or if we may be of further service, please contact us. Sincerely, Terracon Registry Number 8830 Jason DuBois Douglas S. Dunkelberger, P.E. Project Manager Principal Florida Registration No.: 33317 Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials i Table of Contents Introduction .................................................................................................... 1 Project Description .......................................................................................... 1 Site Conditions ................................................................................................ 2 Geotechnical Characterization ......................................................................... 2 Groundwater Conditions ............................................................................. 3 General Comments .......................................................................................... 3 Figures GeoModel Attachments Exploration and Testing Procedures Site Location and Exploration Plans Exploration Results Supporting Information Note: This report was originally delivered in a web-based format.Blue Bold text in the report indicates a referenced section heading. The PDF version also includes hyperlinks which direct the reader to that section and clicking on the logo will bring you back to this page. For more interactive features, please view your project online at client.terracon.com. Refer to each individual Attachment for a listing of contents. Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials 1 Introduction This report presents the results of our subsurface exploration and Geotechnical Data services performed at the western terminus of Riverside Road, just north of Lighthouse Drive in North Palm Beach, Florida. The purpose of these services was to provide geotechnical information relative to: ■Subsurface soil conditions ■Groundwater conditions The geotechnical engineering Scope of Services for this project included the advancement of two test borings, laboratory testing and preparation of this data report. Drawings showing the site and boring locations are shown on the Site Location and Exploration Plan, respectively. The results of the laboratory testing on selected soil samples is shown on the boring logs. Project Description Our initial understanding of the project was provided in our proposal and was discussed during project planning. A period of collaboration has transpired since the project was initiated, and our final understanding of the project conditions is as follows: Item Description Information Provided The following information was provided to us by Mr.Adam Swaney, P.E. with Engenuity via email on January 15, 2024. Project Description We understand that the Village of North Palm Beach has contracted with Engenuity to assist in evaluating potential settlement along the western alignment of Riverside Road. The Village is concerned that a “pocket” of organics exists in the area. Engenuity has engaged Terracon to provide subsurface information in the general area of the potential settlement. Terracon should be notified if any of the above information is inconsistent with the planned construction, especially the grading limits, as modifications to our recommendations may be necessary. Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials 2 Site Conditions The following description of site conditions is derived from our site visit in association with the field exploration and our review of publicly available geologic and topographic maps. Item Description Parcel Information The project is located at Riverside Road, just north of Lighthouse Drive in North Palm Beach, Florida. See Site Location. Existing Improvements Single-family homes, pavements and utilities. Current Ground Cover Pavements and grasses. Existing Topography The South Florida Water Management District (SFWMD)DBHydro website indicated ground surface elevations in the range of 5.5 feet to 6 feet NAVD which we assigned to the tops of borings. Geotechnical Characterization We have developed a general characterization of the subsurface conditions based upon our review of the subsurface exploration, geologic setting and our understanding of the project. This characterization, termed GeoModel, forms the basis of our geotechnical evaluation of the site. Conditions observed at each exploration point are indicated on the individual logs. The individual logs can be found in the Exploration Results and the GeoModel can be found in the Figures attachment of this report. As part of our analyses, we identified the following Model Layers within the subsurface profile. For a more detailed view of the Model Layer depths at each boring location, refer to the GeoModel. Model Layer Layer Name General Description 1 Pavement Asphalt over base course 2 Sand Poorly graded fine to medium SAND (SP) 3 Organics Poorly graded fine SAND with organics In general, the borings found an asphalt pavement section followed by very loose to medium dense fine to medium grained sands that extend to the maximum depth of exploration at 20 feet. Boring B-1 encountered a 1.5 foot thick layer of sand with organics beginning at 4 feet. At the location of Boring B-2, trace organics is present between 10 and 11 feet below grade. Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials 3 Laboratory testing showed organic/natural moisture contents of 14.1%/40.4% and 2.4%/31.8% at boring locations B-1 and B-2, respectively. The B-1 sample, with 14.1% organics, is classified by FDOT as “organic material” with an A-8 AASHTO designation. Groundwater Conditions The depth to groundwater was measured while split-spoon sampling the upper soils and prior to start of mud rotary drilling. The borings encountered groundwater at approximately 5.5 and 6 feet below the existing ground surface which corresponds to a groundwater elevation of 0 feet NAVD. Groundwater conditions change because of seasonal variations in rainfall, runoff, site setting (tidal fluctuations) and other conditions not apparent at the time of drilling. General Comments This data report is based upon our understanding of the project, the geotechnical conditions in the area, and the data obtained from our site exploration. Variations will occur between exploration point locations or due to the modifying effects of construction or weather. The nature and extent of such variations may not become evident until during or after construction. Terracon should be retained as the Geotechnical Engineer, where noted in this report, to provide observation and testing services during pertinent construction phases. If variations appear, we can provide further evaluation and supplemental recommendations. If variations are noted in the absence of our observation and testing services on-site, we should be immediately notified so that we can provide evaluation and supplemental recommendations. Our Scope of Services does not include either specifically or by implication any environmental or biological (e.g., mold, fungi, bacteria) assessment of the site or identification or prevention of pollutants, hazardous materials or conditions. If the owner is concerned about the potential for such contamination or pollution, other studies should be undertaken. Our services and any correspondence are intended for the sole benefit and exclusive use of our client for specific application to the project discussed and are accomplished in accordance with generally accepted geotechnical engineering practices with no third-party beneficiaries intended. Any third-party access to services or correspondence is solely for information purposes to support the services provided by Terracon to our client. Reliance upon the services and any work product is limited to our client and is not intended for third parties. Any use or reliance of the provided information by third parties is done solely at their own risk. No warranties, either express or implied, are intended or made. Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials 4 Site characteristics as provided are for design purposes and not to estimate excavation cost. Any use of our report in that regard is done at the sole risk of the excavating cost estimator as there may be variations on the site that are not apparent in the data that could significantly impact excavation cost. Any parties charged with estimating excavation costs should seek their own site characterization for specific purposes to obtain the specific level of detail necessary for costing. Site safety and cost estimating including excavation support and dewatering requirements/design are the responsibility of others. Construction and site development have the potential to affect adjacent properties. Such impacts can include damages due to vibration, modification of groundwater/surface water flow during construction, foundation movement due to undermining or subsidence from excavation, as well as noise or air quality concerns. Evaluation of these items on nearby properties are commonly associated with contractor means and methods and are not addressed in this report. The owner and contractor should consider a preconstruction/precondition survey of surrounding development. If changes in the nature, design, or location of the project are planned, our conclusions and recommendations shall not be considered valid unless we review the changes and either verify or modify our conclusions in writing. Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials Figures Contents: GeoModel -16 -14 -12 -10 -8 -6 -4 -2 0 2 4 6 8 ELEVATION (NAVD) (feet)Layering shown on this figure has been developed by the geotechnical engineer for purposes of modeling the subsurface conditions as required for the subsequent geotechnical engineering for this project. Numbers adjacent to soil column indicate depth below ground surface. NOTES: B-1 B-2 Legend This is not a cross section. This is intended to display the Geotechnical Model only. See individual logs for more detailed conditions. GeoModel Riverside Road, just north of Lighthouse Drive | Village of North Palm Beach, FL Terracon Project No. HD245008 Riverside Road Exploration 1225 Omar Rd West Palm Beach, FL First Water Observation Groundwater levels are temporal. The levels shown are representative of the date and time of our exploration. Significant changes are possible over time. Water levels shown are as measured during and/or after drilling. In some cases, boring advancement methods mask the presence/absence of groundwater. See individual logs for details. Pavement Poorly-graded Sand Organics Model Layer Layer Name General Description 1 Asphalt over base course 3 Poorly graded fine SAND with organics 2 Poorly graded fine to medium SAND (SP) Pavement Organics Sand 1 2 3 2 5.5 1 4 5.5 20 1 2 6 1.5 20 Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials Attachments Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials Exploration and Testing Procedures Field Exploration Number of Borings Approximate Boring Depth (feet)Location 2 20 Western alignment of Riverside Road Boring Layout and Elevations: Terracon personnel provided the boring layout using handheld GPS equipment (estimated horizontal accuracy of about ±10 feet) and referencing existing site features. Approximate ground surface elevations were obtained by interpolation from the DBHydro SWFLWMD LIDAR. If more precise elevations and a boring layout are desired, we recommend borings be surveyed. Subsurface Exploration Procedures: We advanced the borings with a truck-mounted, rotary drill rig using a slurry to maintain the borehole. Continuous sampling was conducted to 20 feet. In the split barrel sampling procedure, a standard 2-inch outer diameter split barrel sampling spoon was driven into the ground by a 140-pound safety hammer falling a distance of 30 inches. The number of blows required to advance the sampling spoon for each six-inch penetration interval is recorded. The 2nd and 3rd six-inch increments are added together and reported as the Standard Penetration (SPT) resistance value. The SPT resistance values, also referred to as N-values, are indicated on the boring logs at the test depths. We observed and recorded groundwater levels during drilling and sampling. For safety purposes, all borings were backfilled with bentonite grout after their completion and surfaced with cold patch asphalt. The sampling depths, penetration distances, and other sampling information were recorded on the field boring logs. The samples were placed in appropriate containers and taken to our soil laboratory for testing and classification by a Geotechnical Engineer. Our exploration team prepared field boring logs as part of the drilling operations. These field logs included visual classifications of the materials observed during drilling and our interpretation of the subsurface conditions between samples. Final boring logs were prepared from the field logs. The final boring logs represent the Geotechnical Engineer's interpretation of the field logs and include modifications based on observations and tests of the samples in our laboratory. Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials Laboratory Testing The project engineer reviewed the field data. The laboratory program included review of soil samples by an engineer and moisture and organic content testing of the suspected organic materials. Based on the results of our field and laboratory programs, we described and classified the soil samples in accordance with the Unified Soil Classification System. Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials Site Location and Exploration Plans Contents: Site Location Exploration Plan Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials Note to Preparer: This is a large table with outside borders. Just click inside the table above this text box, then paste your GIS Toolbox image. When paragraph markers are turned on you may notice a line of hidden text above and outside the table – please leave that alone. Limit editing to inside the table. Site Location DIAGRAM IS FOR GENERAL LOCATION ONLY,AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials Note to Preparer: This is a large table with outside borders. Just click inside the table above this text box, then paste your GIS Toolbox image. When paragraph markers are turned on you may notice a line of hidden text above and outside the table – please leave that alone. Limit editing to inside the table. Exploration Plan DIAGRAM IS FOR GENERAL LOCATION ONLY,AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS Facilities |Environmental |Geotechnical | Materials Exploration Results Contents: Boring Logs (B-1 and B-2) 4.5 1.5 0 -14.5 PAVEMENT, 1.5" asphalt over 12" shellrock base course SAND (SP), fine grained, light brown, medium dense to very loose SAND WITH ORGANICS, black, very loose SAND (SP), fine to medium grained, gray to brown, loose to medium dense Boring Terminated at 20 Feet Boring Log No. B-1 Water LevelObservationsDepth (Ft.)5 10 15 20 Facilities | Environmental |Geotechnical | MaterialsGraphic LogModel LayerBegin Mud Rotary at 8 feet Elevation shown is in NAVD 1.0 4.0 5.5 20.0 24-8-5-4 N=13 3-2-1-1 N=3 1-1-1-1 N=2 1-3-4-6 N=7 5-7-7-9 N=14 4-4-4-5 N=8 3-3-4-3 N=7 2-3-3-4 N=6 3-5-5-9 N=10 2-5-8-8 N=13 Riverside Road, just north of Lighthouse Drive | Village of North Palm Beach, FL Terracon Project No. HD245008 West Palm Beach, FL 1225 Omar Rd Drill Rig Mobile B-59 Hammer Type Automatic Driller T.S. Logged by Boring Started 02-22-2024 Boring Completed 02-22-2024 Abandonment Method Boring backfilled with bentonite grout upon completion and surfaced with cold patch asphalt Advancement Method Mud Rotary Continuous sampling to 20 feet Notes Water Level Observations 5.5 ft. during initial sampling (prior to mud rotary) See Exploration and Testing Procedures for a description of field and laboratory procedures used andadditional data (If any). See Supporting Information for explanation of symbols and abbreviations. Riverside Road Exploration Sample TypeStrain (%)CompressiveStrength(tsf)Test TypeElevation: 5.5 (Ft.) +/- See Exploration PlanLocation: Latitude: 26.8196° Longitude: -80.0673° Depth (Ft.) Strength Test Field TestResults1 2 3 2 PAVEMENT, 3" asphalt over 13" shellrock base course SAND (SP), fine to medium grained, light brown to light gray, medium dense to loose trace organics between 10' and 11' Boring Terminated at 20 Feet 4.5 -14 Boring Log No. B-2 Water LevelObservationsDepth (Ft.)5 10 15 20Graphic LogModel LayerFacilities | Environmental |Geotechnical | Materials Begin Mud Rotary at 8 feet Elevation shown is in NAVD 1.5 20.0 24-8-8-7 N=16 7-6-6-5 N=12 5-5-7-7 N=12 7-8-8-10 N=16 7-9-8-9 N=17 2-5-7-9 N=12 4-5-5-5 N=10 2-3-3-4 N=6 2-3-3-3 N=6 2-4-4-4 N=8 Riverside Road, just north of Lighthouse Drive | Village of North Palm Beach, FL Terracon Project No. HD245008 West Palm Beach, FL 1225 Omar Rd Drill Rig Mobile B-59 Hammer Type Automatic Driller T.S. Logged by Boring Started 02-22-2024 Boring Completed 02-22-2024 Abandonment Method Boring backfilled with bentonite grout upon completion and surfaced with cold patch asphalt Advancement Method Mud Rotary Continuous sampling to 20 feet Notes Water Level Observations 6 ft. during initial sampling (prior to mud rotary) See Exploration and Testing Procedures for a description of field and laboratory procedures used andadditional data (If any). See Supporting Information for explanation of symbols and abbreviations. Riverside Road Exploration Sample TypeStrain (%)CompressiveStrength(tsf)Test TypeDepth (Ft.) Strength Test Field TestResultsElevation: 6 (Ft.) +/- See Exploration PlanLocation: Latitude: 26.8196° Longitude: -80.0671° 1 2 Facilities |Environmental |Geotechnical | Materials Supporting Information Contents: General Notes Unified Soil Classification System Auger Cuttings Standard Penetration Test Facilities | Environmental |Geotechnical | Materials 1225 Omar Rd Riverside Road Subsurface Exploration | North Palm Beach, FL West Palm Beach, FL Terracon Project No. HD245008 N (HP) (T) (DCP) UC (PID) (OVA) Standard Penetration Test Resistance (Blows/Ft.) Hand Penetrometer Torvane Dynamic Cone Penetrometer Unconfined Compressive Strength Photo-Ionization Detector Organic Vapor Analyzer Water Level After a Specified Period of Time Water Level After a Specified Period of Time Cave In Encountered Water Level Field Tests Water Initially Encountered Sampling Water levels indicated on the soil boring logs are the levels measured in the borehole at the times indicated. Groundwater level variations will occur over time. In low permeability soils, accurate determination of groundwater levels is not possible with short term water level observations. General Notes Location And Elevation Notes Exploration point locations as shown on the Exploration Plan and as noted on the soil boring logs in the form of Latitude and Longitude are approximate. See Exploration and Testing Procedures in the report for the methods used to locate the exploration points for this project. Surface elevation data annotated with +/- indicates that no actual topographical survey was conducted to confirm the surface elevation. Instead, the surface elevation was approximately determined from topographic maps of the area. Soil classification as noted on the soil boring logs is based Unified Soil Classification System. Where sufficient laboratory data exist to classify the soils consistent with ASTM D2487 "Classification of Soils for Engineering Purposes" this procedure is used. ASTM D2488 "Description and Identification of Soils (Visual-Manual Procedure)" is also used to classify the soils, particularly where insufficient laboratory data exist to classify the soils in accordance with ASTM D2487. In addition to USCS classification, coarse grained soils are classified on the basis of their in-place relative density, and fine-grained soils are classified on the basis of their consistency. See "Strength Terms" table below for details. The ASTM standards noted above are for reference to methodology in general. In some cases, variations to methods are applied as a result of local practice or professional judgment. Exploration/field results and/or laboratory test data contained within this document are intended for application to the project as described in this document. Use of such exploration/field results and/or laboratory test data should not be used independently of this document. Relevance of Exploration and Laboratory Test Results Descriptive Soil Classification > 30 15 - 30 8 - 15 4 - 8 2 - 4 Hard > 50 Very Stiff Stiff Medium Stiff Soft Very Soft 30 - 50 10 - 29 4 - 9 0 - 3Very Loose Loose Medium Dense Dense Very Dense less than 0.25 0.25 to 0.50 0.50 to 1.00 1.00 to 2.00 2.00 to 4.00 > 4.00 Relative Density of Coarse-Grained Soils (More than 50% retained on No. 200 sieve.) Density determined by Standard Penetration Resistance Consistency of Fine-Grained Soils (50% or more passing the No. 200 sieve.) Consistency determined by laboratory shear strength testing, field visual-manual procedures or standard penetration resistance 0 - 1 Relative Density ConsistencyStandard Penetration orN-Value (Blows/Ft.) Standard Penetration orN-Value (Blows/Ft.) Unconfined Compressive StrengthQu (tsf) Strength Terms Geotechnical Data Report Riverside Road Subsurface Exploration | North Palm Beach, Florida March 6, 2024 | Terracon Project No. HD245008 Facilities |Environmental |Geotechnical | Materials Unified Soil Classification System Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests A Soil Classification Group Symbol Group Name B Coarse-Grained Soils: More than 50% retained on No. 200 sieve Gravels: More than 50% of coarse fraction retained on No. 4 sieve Clean Gravels: Less than 5% fines C Cu≥4 and 1≤Cc≤3 E GW Well-graded gravel F Cu<4 and/or [Cc<1 or Cc>3.0]E GP Poorly graded gravel F Gravels with Fines: More than 12% fines C Fines classify as ML or MH GM Silty gravel F, G, H Fines classify as CL or CH GC Clayey gravel F, G, H Sands: 50% or more of coarse fraction passes No. 4 sieve Clean Sands: Less than 5% fines D Cu≥6 and 1≤Cc≤3 E SW Well-graded sand I Cu<6 and/or [Cc<1 or Cc>3.0]E SP Poorly graded sand I Sands with Fines: More than 12% fines D Fines classify as ML or MH SM Silty sand G, H, I Fines classify as CL or CH SC Clayey sand G, H, I Fine-Grained Soils: 50% or more passes the No. 200 sieve Silts and Clays: Liquid limit less than 50 Inorganic:PI > 7 and plots above “A” line J CL Lean clay K, L, M PI < 4 or plots below “A” line J ML Silt K, L, M Organic:𝐿𝐿 𝑛𝑣𝑑𝑛 𝑑𝑟𝑖𝑑𝑑 𝐿𝐿 𝑛𝑛𝑡 𝑑𝑟𝑖𝑑𝑑<0.75 OL Organic clay K, L, M, N Organic silt K, L, M, O Silts and Clays: Liquid limit 50 or more Inorganic:PI plots on or above “A” line CH Fat clay K, L, M PI plots below “A” line MH Elastic silt K, L, M Organic:𝐿𝐿 𝑛𝑣𝑑𝑛 𝑑𝑟𝑖𝑑𝑑 𝐿𝐿 𝑛𝑛𝑡 𝑑𝑟𝑖𝑑𝑑<0.75 OH Organic clay K, L, M, P Organic silt K, L, M, Q Highly organic soils:Primarily organic matter, dark in color, and organic odor PT Peat A Based on the material passing the 3-inch (75-mm) sieve. B If field sample contained cobbles or boulders, or both, add “with cobbles or boulders, or both” to group name. C Gravels with 5 to 12% fines require dual symbols: GW-GM well- graded gravel with silt, GW-GC well-graded gravel with clay, GP-GM poorly graded gravel with silt, GP-GC poorly graded gravel with clay. D Sands with 5 to 12% fines require dual symbols: SW-SM well- graded sand with silt, SW-SC well-graded sand with clay, SP-SM poorly graded sand with silt, SP-SC poorly graded sand with clay. E Cu = D60/D10 Cc = F If soil contains ≥ 15% sand, add “with sand” to group name. G If fines classify as CL-ML, use dual symbol GC-GM, or SC-SM. H If fines are organic, add “with organic fines” to group name. I If soil contains ≥ 15% gravel, add “with gravel” to group name. J If Atterberg limits plot in shaded area, soil is a CL-ML, silty clay. K If soil contains 15 to 29% plus No. 200, add “with sand” or “with gravel,” whichever is predominant. L If soil contains ≥ 30% plus No. 200 predominantly sand, add “sandy” to group name. M If soil contains ≥ 30% plus No. 200, predominantly gravel, add “gravelly” to group name. N PI ≥ 4 and plots on or above “A” line. O PI < 4 or plots below “A” line. P PI plots on or above “A” line. Q PI plots below “A” line. 6010 2 30 DxD )(D EASTWIND DRIVE DRAINAGE IMPROVEMENTS ENGINEERING PLANS MARCH 2025 VILLAGE OF NORTH PALM BEACH EASTWIND DRIVE (NTS) PROJECT WORK AREA LOCATION MAPS EASTWIND DRIVE TOTAL NO. OF SHEETS - 5 EASTWIND ROADEASTWIND ROADPLOT: 3/17/2025 11:59:44 AMJ:\Land Projects R2\03045.192 NPB Buoy and Eastwind Drianage\Dwg\Eastwind\03045.192 CVR.dwg DATE: 3/17/2025 11:59 AMR Know what'sbelow. Callbefore you dig. AD A M SWAN E Y, P.E., PROFES SION AL ENG INEER LICEN SE NO. 72235 . T H I S D O C U M E N T H A S B E E N E L E C T R O N I C A L L Y S I G N E D A N D SEALED BY ADAM SWANEY, P.E. USING A SHA-1 AUTHENTICATION CODE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SHA-1 AUTHENTICATION CODE MUST BE VERIFIED ON ANY E L E C T R O N I C C O P I E S .CHECKEDPROJECT ENGPROJECT MGRDRAWN BYDATE1280 N CONGRESS AVE, SUITE 101WEST PALM BEACH, FLORIDA 33409PH (561)655-1151 · FAX (561)832-9390WWW.ENGENUITYGROUP.COMCERTIFICATE OF AUTHORIZATION #7095ã COPYRIGHT BY ENGENUITY GROUP, INC. THISDRAWING IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY,UNLESS SIGNED AND SEALED BY A LICENSED PROFESSIONALENGINEER REPRESENTING ENGENUITY GROUP, INC.SHEET NO.NO.DATEREMARKSBYREVISIONSJOB NO. OFEASTWIND DRIVEDRAINAGE IMPROVEMENTSNORTH PALM BEACHCOVERC-0 03045.1922025ADAM C. SWANEY, P.E.FL LICENSE # 72235MARCH 2025KGACSACSACS5 Sheet List Table Sheet Number Sheet Title C-0 COVER C-1 PAVING, GRADING AND DRAINAGE PLAN C-2 DETAILS C-3 NOTES C-4 NOTES C-5 PAY ITEMS EXIST. MANHOLE RIM EL=8.28' N INV. EL=1.28' S INV. EL=1.37' W INV. EL=1.25'EXIST. MANHOLE RIM=8.86' N INV=0.98' S INV=1.14' E INV=1.13' W INV=1.52' E INV=3.26'DRIFTWOOD ROADEBBTIDE DRIVETYPE-C INLET #1 RIM=7.55' W INV=3.88' CONFLICT #1 BOP:18" RCP DRAINAGE=3.63' TOP: EXIST.10" CLAY LINED SS=2.18' CLEARANCE:1.45' (CONTRACTOR TO FIELD VERIFY) EXIST. CB RIM=7.83' S INV=3.08' N INV=3.02' PROPOSED E INV=3.60' (CORE) 39 LF OF 18" RCP 1" MILLING AND RESURFACING 1" MILLING AND RESURFACING EXIST. CB RIM=8.12' S INV=3.30' N INV=3.32' PROPOSED E INV=3.35' (CORE) TYPE-C INLET #2 RIM=8.05' W INV=3.60' EXIST. STOP SIGN (TO BE PROTECTED DURING CONSTRUCTION) & EXISTING 24" STOP BAR (TO BE REPLACED) 37 LF OF 18" RCP EXIST. PEDESTRIAN SIGN (TO BE REPLACED) REPLACE EXISTING 6" DOUBLE YELLOW STRIPING WITH RPM'S PLACED PER PBC TYPICAL T-P-24 REPLACE CONCRETE SIDEWALK DETECTABLE WARNING SURFACE PER FDOT INDEX 522-002 (TYP) REPLACE EXISTING CROSSWALK STRIPING PER FDOT INDEX 711-001 EASTWIND DRIVE MATCH EXISTING M/R JOINT MATCH EXISTING M/R JOINT 1" MILLING AND RESURFACING 61'146' CONTRACTOR TO FIELD VERIFY EXISTING CLAY PIPE. CONTRACTOR MUST DIG BY HAND AROUND THE CLAY PIPE. IF CLAY PIPE IS DAMAGED, THE CONTRACTOR IS RESPONSIBLE TO REPAIR THE CLAY PIPE. REPAIR MUST BE SAME DAY. CONTRACTOR TO FIELD LOCATE POTENTIAL CONFLICTS PRIOR TO FABRICATING STRUCTURE PLOT: 3/17/2025 11:59:56 AMCHECKEDPROJECT ENGPROJECT MGRDRAWN BYDATE1280 N CONGRESS AVE, SUITE 101WEST PALM BEACH, FLORIDA 33409PH (561)655-1151 · FAX (561)832-9390WWW.ENGENUITYGROUP.COMCERTIFICATE OF AUTHORIZATION #7095J:\Land Projects R2\03045.192 NPB Buoy and Eastwind Drianage\Dwg\Eastwind\03045.192 PGD.dwg DATE: 3/17/2025 11:15 AMã COPYRIGHT BY ENGENUITY GROUP, INC. THISDRAWING IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY,UNLESS SIGNED AND SEALED BY A LICENSED PROFESSIONALENGINEER REPRESENTING ENGENUITY GROUP, INC.SHEET NO.NO.DATEREMARKSBYREVISIONSJOB NO. OF SCALE: 1" = GRAPHIC SCALE 0 30' 30 45 60 R Know what'sbelow. Callbefore you dig. ADAM SWANEY, P .E ., PROFE SS IO NAL ENGI NEER LICEN SE N O. 72235. T H I S D O C U M E N T H A S B E E N E L E C T R O N I C A L L Y S I G N E D A N D SEALED BY ADAM SWANEY, P.E. USING A SHA-1 AUTHENTICATION CODE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SHA-1 AUTHENTICATION CODE MUST BE VERIFIED ON ANY E L E C T R O N I C C O P I E S .EASTWIND DRIVEDRAINAGE IMPROVEMENTSNORTH PALM BEACHPAVING, GRADING AND DRAINAGE PLANC-1 5 03045.1922025ADAM C. SWANEY, P.E.FL LICENSE # 72235MARCH 2025KGACSACSACSLEGEND: (ABBREVIATIONS) EL ELEVATION EXIST EXISTING FFE FINISH FLOOR ELEVATION FT FEET OR FOOT NTS NOT TO SCALE R/W RIGHT-OF-WAY SD STORM DRAINAGE SF SQUARE FEET SS SANITARY SEWER TEMP TEMPORARY TYP TYPICAL UE UTILITY EASEMENT w/WITH WM WATERMAIN GENERAL NOTES: 1.ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 (N.A.V.D. 1988) AND REFERENCE THE FOLLOWING BENCHMARKS: NAME:NPB COUNTRY CLUB ELEVATION= 15.871 NAVD 88 2.ALL AREAS DISTURBED BY CONSTRUCTION SHALL BE RESTORED TO THEIR ORIGINAL CONDITION. 3.TOPOGRAPHIC SURVEY PERFORMED BY ENGENUITY GROUP, INC. 4.LAST DATE OF FIELD SURVEY: 3-26-2024 5.CONTRACTOR TO COLOR COAT ASPHALT PATH TO MATCH EXISTING. 6.UNSUITABLE SOIL SHALL BE REMOVED AND REPLACED WITH CLEAN SOIL. COMPACT TO AT LEAST 98% OF THE MAXIMUM DENSITY DETERMINED BY AASHTO T-180. 7.CONTRACTOR SHALL RE-GRADE SWALES TO MATCH FLOW LINE AS SHOWN. REPLACE SOD WITH ST AUGUSTINE. IRRIGATION SHALL BE REPLACED/REPAIRED TO MATCH EXISTING. GRADE SOIL TWO INCHES LOWER THAN PROPOSED FINAL GRADE, PRIOR TO SOD PLACEMENT. PLOT: 3/17/2025 12:00:03 PMCHECKEDPROJECT ENGPROJECT MGRDRAWN BYDATE1280 N CONGRESS AVE, SUITE 101WEST PALM BEACH, FLORIDA 33409PH (561)655-1151 · FAX (561)832-9390WWW.ENGENUITYGROUP.COMCERTIFICATE OF AUTHORIZATION #7095J:\Land Projects R2\03045.192 NPB Buoy and Eastwind Drianage\Dwg\Eastwind\03045.192 DETAIL.dwg DATE: 3/17/2025 11:58 AMã COPYRIGHT BY ENGENUITY GROUP, INC. THISDRAWING IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY,UNLESS SIGNED AND SEALED BY A LICENSED PROFESSIONALENGINEER REPRESENTING ENGENUITY GROUP, INC.SHEET NO.NO.DATEREMARKSBYREVISIONSJOB NO. OF R Know what'sbelow. Callbefore you dig. ADAM SWANEY, P .E ., PROFE SS IO NAL ENGI NEER LICEN SE N O. 72235. T H I S D O C U M E N T H A S B E E N E L E C T R O N I C A L L Y S I G N E D A N D SEALED BY ADAM SWANEY, P.E. USING A SHA-1 AUTHENTICATION CODE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SHA-1 AUTHENTICATION CODE MUST BE VERIFIED ON ANY E L E C T R O N I C C O P I E S .EASTWIND DRIVEDRAINAGE IMPROVEMENTSNORTH PALM BEACHDETAILSC-2 5 03045.1922025ADAM C. SWANEY, P.E.FL LICENSE # 72235MARCH 2025KGACSACSACS PLOT: 3/17/2025 12:00:03 PMCHECKEDPROJECT ENGPROJECT MGRDRAWN BYDATE1280 N CONGRESS AVE, SUITE 101WEST PALM BEACH, FLORIDA 33409PH (561)655-1151 · FAX (561)832-9390WWW.ENGENUITYGROUP.COMCERTIFICATE OF AUTHORIZATION #7095J:\Land Projects R2\03045.192 NPB Buoy and Eastwind Drianage\Dwg\Eastwind\03045.192 DETAIL.dwg DATE: 3/17/2025 11:58 AMã COPYRIGHT BY ENGENUITY GROUP, INC. THISDRAWING IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY,UNLESS SIGNED AND SEALED BY A LICENSED PROFESSIONALENGINEER REPRESENTING ENGENUITY GROUP, INC.SHEET NO.NO.DATEREMARKSBYREVISIONSJOB NO. OF R Know what'sbelow. Callbefore you dig. ADAM SWANEY, P .E ., PROFE SS IO NAL ENGI NEER LICEN SE N O. 72235. T H I S D O C U M E N T H A S B E E N E L E C T R O N I C A L L Y S I G N E D A N D SEALED BY ADAM SWANEY, P.E. USING A SHA-1 AUTHENTICATION CODE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SHA-1 AUTHENTICATION CODE MUST BE VERIFIED ON ANY E L E C T R O N I C C O P I E S .EASTWIND DRIVEDRAINAGE IMPROVEMENTSNORTH PALM BEACHNOTESC-3 5 03045.1922025ADAM C. SWANEY, P.E.FL LICENSE # 72235MARCH 2025KGACSACSACSGENERAL: 1.WORK INCLUDED: A.THE CONTRACTOR SHALL FURNISH ALL LABOR, SUPERINTENDENCE, QUALITY CONTROL, MATERIALS, PLANT, POWER, LIGHT, HEAT, FUEL, WATER, TOOLS, APPLIANCES, EQUIPMENT, SUPPLIES, AND OTHER MEANS OF CONSTRUCTION NECESSARY AND PROPER FOR PERFORMING AND COMPLETING THE WORK. CONTRACTOR SHALL PERFORM AND COMPLETE THE WORK IN THE MANNER BEST CALCULATED TO PROMOTE SCHEDULED CONSTRUCTION CONSISTENT WITH SAFETY OF LIFE AND PROPERTY AND TO THE SATISFACTION OF THE OWNER, AND IN STRICT ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE CONTRACTOR SHALL CLEAN UP THE WORK, MAINTAIN IT DURING CONSTRUCTION, AND PAY ALL COSTS INCIDENTAL THERETO. CONTRACTOR SHALL REPAIR OR RESTORE ALL STRUCTURES AND PROPERTY THAT MAY BE DAMAGED OR DISTURBED DURING PERFORMANCE OF THE WORK. B.THE COST OF INCIDENTAL WORK DESCRIBED IN THESE GENERAL REQUIREMENTS, FOR WHICH THERE ARE NO SPECIFIC CONTRACT ITEMS, SHALL BE CONSIDERED AS PART OF THE GENERAL COST OF DOING THE WORK AND SHALL BE INCLUDED IN THE PRICES FOR THE VARIOUS CONTRACT ITEMS. NO ADDITIONAL PAYMENT WILL BE MADE THEREFORE. C.THE CONTRACTOR SHALL PROVIDE AND MAINTAIN SUCH MODERN PLANT, TOOLS, AND EQUIPMENT AS MAY BE NECESSARY IN THE OPINION OF THE ENGINEER, TO PERFORM IN A SATISFACTORY AND ACCEPTABLE MANNER ALL THE WORK REQUIRED BY THE CONTRACT. ONLY EQUIPMENT OF ESTABLISHED REPUTATION AND PROVEN EFFICIENCY SHALL BE USED. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR THE ADEQUACY OF WORKMANSHIP, MATERIALS AND EQUIPMENT, PRIOR APPROVAL OF THE ENGINEER NOTWITHSTANDING. 2.MOBILIZATION: A.PERFORM PREPARATORY WORK AND OPERATIONS IN MOBILIZING FOR BEGINNING WORK ON THE PROJECT, INCLUDING, BUT NOT LIMITED TO, THOSE OPERATIONS NECESSARY FOR THE MOVEMENT OF PERSONNEL, EQUIPMENT, SUPPLIES, AND INCIDENTALS TO THE PROJECT SITE AND FOR THE ESTABLISHMENT OF TEMPORARY OFFICES, BUILDINGS, SAFETY EQUIPMENT AND FIRST AID SUPPLIES, AND OTHER FACILITIES. INCLUDE THE COSTS OF BONDS AND ANY REQUIRED INSURANCE AND ANY OTHER PRE-CONSTRUCTION EXPENSE NECESSARY FOR THE START OF THE WORK, EXCLUDING THE COST OF CONSTRUCTION MATERIALS. 3.MAINTENANCE OF TRAFFIC: A.PREPARE AND SUBMIT A MAINTENANCE OF TRAFFIC PLAN FOR REVIEW. A PROFESSIONAL ENGINEER LICENSED IN THE STATE OF FLORIDA OR A PERSON THAT HAS SATISFACTORILY COMPLETED THE AMERICAN TRAFFIC SAFETY SERVICES ASSOCIATION “FLORIDA ADVANCED WORK ZONE TRAFFIC CONTROL COURSE” SHALL PREPARE THE PLAN. B.CONTRACTOR SHALL BE RESPONSIBLE TO MAINTAIN TRAFFIC CONTROL THROUGH THE WORK AREA FOR THE DURATION OF CONSTRUCTION. PROVIDE TRAFFIC CONTROL DEVICES THAT ARE ON THE FLORIDA DEPARTMENT OF TRANSPORTATION'S “QUALIFIED PRODUCT LIST”. 4.PROGRESS SCHEDULE: A.PREPARE A CONSTRUCTION PROGRESS SCHEDULE COVERING ALL THE WORK INVOLVED IN THE CONTRACT. THIS INCLUDES SUBMITTAL AND APPROVAL OF SHOP DRAWINGS ON CRITICAL ITEMS, FABRICATION AND DELIVERY OF IDENTIFIABLE MATERIALS AND EQUIPMENT, SPECIFIC ITEMS OR WORK IN THE SCOPE, INTERFACES REQUIRED WITH OTHER CONTRACTS THAT MAY BE PART OF AN OVERALL PROJECT, AND SPECIFIC DEPENDENCIES UPON ACTS OR ACTIVITIES OF PARTIES NOT UNDER THE CONTROL OF CONTRACTOR. B.THE BAR GRAPH METHOD OR CRITICAL PATH METHOD ARE ACCEPTABLE FOR SCHEDULING CONSTRUCTION ACTIVITY. 5.SHOP DRAWINGS, PRODUCT DATA AND SAMPLES: A.SUBMIT AT LEAST EIGHT (8) COPIES OF ALL REQUIRED SHOP DRAWINGS, PRODUCT DATA AND SAMPLES FOR ENGINEER'S REVIEW. B.SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND TRANSMITTAL LETTERS PERTAINING THERETO SHALL BE IDENTIFIED WITH THE TITLE OF THE PROJECT, SUBMISSION DATE, AND THE CONTRACTOR'S ACKNOWLEDGEMENT THAT HE HAS REVIEWED THEM AND FOUND THEM ACCEPTABLE. C.NOTIFY ENGINEER IN WRITING, AT THE TIME OF SUBMITTAL, OF ANY DEVIATIONS IN THE SUBMITTALS FROM THE REQUIREMENTS OF THE CONTACT DOCUMENTS D.THE REVIEW AND APPROVAL OF SHOP DRAWINGS, SAMPLES OR PRODUCT DATA BY THE ENGINEER SHALL NOT RELIEVE THE CONTRACTOR FROM HIS/HER RESPONSIBILITY WITH REGARD TO THE FULFILLMENT OF THE TERMS OF THE CONTRACT DOCUMENTS. ALL RISKS OF ERROR AND OMISSION ARE ASSUMED BY THE CONTRACTOR AND THE ENGINEER WILL HAVE NO RESPONSIBILITY THEREFORE. 1.BORING LOGS, OTHER REPORTS AND DRAWINGS UTILIZED BY ENGINEER: E.BORING LOGS, OTHER REPORTS AND DRAWINGS UTILIZED BY ENGINEER, IF ENCLOSED, ARE PROVIDED FOR CONTRACTOR'S INFORMATION AND ARE NOT A PART OF THE CONTRACT DOCUMENTS. THERE IS NO TECHNICAL DATA IN THE BORING LOGS, OTHER REPORTS OR DRAWINGS THAT SHOULD BE RELIED ON BY THE CONTRACTOR. 7.CONSTRUCTION STAKING: A.THE BASELINES AND BENCHMARKS FOR PRIMARY CONTROL, NECESSARY TO ESTABLISH LINES AND GRADES NEEDED FOR CONSTRUCTION ARE SHOWN ON THE DRAWINGS. THESE BASELINES AND BENCHMARKS SHALL BE USED AS THE ORIGIN OF ALL SURVEYS, LAYOUTS AND MEASUREMENTS TO ESTABLISH CONSTRUCTION LINES AND GRADES. CONTRACTOR SHALL TAKE ALL NECESSARY PRECAUTIONS TO PREVENT THE LOSS OR DAMAGE OF PRIMARY CONTROL POINTS. ANY STAKES AND/OR CONTROL POINTS LOST OR DAMAGED BY CONSTRUCTION ACTIVITY WILL BE RE-ESTABLISHED BY CONTRACTOR AT NO ADDITIONAL EXPENSE TO OWNER. B.CONSTRUCTION STAKING SHALL BE PERFORMED BY A PROFESSIONAL SURVEYOR AND MAPPER LICENSED IN THE STATE OF FLORIDA. 8.PROTECTION/ADJUSTMENT OF UTILITIES: A.UTILITY INSTALLATIONS AND STRUCTURES SHALL BE UNDERSTOOD TO INCLUDE ALL POLES, TRACKS, PIPES, WIRES, CONDUITS, HOUSE SERVICE CONNECTIONS, VAULTS, MANHOLES AND ALL OTHER APPURTENANCES AND FACILITIES PERTAINING THERETO WHETHER OWNED OR CONTROLLED BY THE OWNER, OTHER GOVERNMENTAL BODIES OR PRIVATELY OWNED BY INDIVIDUALS, FIRMS OR CORPORATIONS, USED TO SERVE THE PUBLIC WITH TRANSPORTATION, TRAFFIC CONTROL, GAS, ELECTRICITY, TELEPHONE, SEWERAGE, DRAINAGE, WATER OR OTHER PUBLIC OR PRIVATE PROPERTY WHICH MAY BE AFFECTED BY THE WORK. B.CONTRACTOR SHALL PROTECT ALL UTILITY INSTALLATIONS AND STRUCTURES FROM DAMAGE DURING WORK. ACCESS ACROSS ANY BURIED PUBLIC UTILITY INSTALLATION OR STRUCTURE SHALL BE MADE ONLY IN SUCH LOCATIONS AND BY MEANS APPROVED BY THE UTILITY OWNER. THE CONTRACTOR SHALL SO ARRANGE OPERATIONS AS TO AVOID ANY DAMAGE TO THESE FACILITIES. ALL REQUIRED PROTECTIVE DEVICES AND CONSTRUCTION SHALL BE PROVIDED BY THE CONTRACTOR. ALL EXISTING PUBLIC UTILITIES DAMAGED BY THE CONTRACTOR WHICH ARE SHOWN ON THE DRAWINGS OR HAVE BEEN LOCATED IN THE FIELD BY THE UTILITY OWNER SHALL BE REPAIRED BY THE CONTRACTOR. C.PUBLIC UTILITY INSTALLATIONS OR STRUCTURES OWNED OR CONTROLLED BY THE OWNER OR OTHER GOVERNMENTAL BODY, WHICH ARE SHOWN ON THE DRAWINGS TO BE REMOVED, RELOCATED, REPLACED OR REBUILT BY THE CONTRACTOR SHALL BE INCLUDED IN THE PRICES BID FOR THE VARIOUS CONTRACT ITEMS. NO SEPARATE PAYMENTS SHALL BE MADE THEREFORE. D.WHERE PUBLIC UTILITY INSTALLATIONS OR STRUCTURES OWNED OR CONTROLLED BY THE OWNER OR OTHER GOVERNMENTAL BODY ARE ENCOUNTERED DURING THE COURSE OF THE WORK, AND ARE NOT INDICATED ON THE DRAWINGS OR IN THE SPECIFICATIONS, AND WHEN IN THE OPINION OF THE ENGINEER, REMOVAL, RELOCATION, REPLACEMENT OR REBUILDING IS NECESSARY TO COMPLETE THE WORK UNDER THIS CONTRACT, SUCH WORK SHALL BE ACCOMPLISHED BY THE UTILITY HAVING JURISDICTION, OR SUCH WORK MAY BE ORDERED, IN WRITING BY THE ENGINEER, FOR THE CONTRACTOR TO ACCOMPLISH. IF SUCH WORK IS ACCOMPLISHED BY THE UTILITY HAVING JURISDICTION IT WILL BE CARRIED OUT EXPEDITIOUSLY AND THE CONTRACTOR SHALL GIVE FULL COOPERATION TO PERMIT THE UTILITY TO COMPLETE THE REMOVAL, RELOCATION, REPLACEMENT OR REBUILDING AS REQUIRED. IF SUCH WORK IS ACCOMPLISHED BY THE CONTRACTOR, IT WILL BE IN ACCORDANCE WITH THE GENERAL AND SUPPLEMENTARY CONDITIONS. E.CONTRACTOR SHALL GIVE WRITTEN NOTICE TO OWNER AND GOVERNMENTAL UTILITY DEPARTMENTS AND OTHER OWNERS OF PUBLIC UTILITIES OF THE LOCATION OF THE PROPOSED CONSTRUCTION OPERATIONS, AT LEAST SEVENTY-TWO (72) HOURS IN ADVANCE OF BREAKING GROUND IN ANY AREA OR ON ANY UNIT OF THE WORK. F.THE MAINTENANCE, REPAIR, REMOVAL, RELOCATION OR REBUILDING OF PUBLIC UTILITY INSTALLATIONS AND STRUCTURES, WHEN ACCOMPLISHED BY THE CONTRACTOR AS HEREIN PROVIDED, SHALL BE DONE BY METHODS APPROVED BY THE UTILITY OWNER. 9.FIELD OBSERVATIONS AND TESTING: A.FIELD OBSERVATIONS WILL BE PERFORMED BY ENGINEER AND ALL FIELD TESTING OF MATERIALS WILL BE PERFORMED BY AN INDEPENDENT TESTING LABORATORY. THE COST OF PASSING TESTS WILL BE PAID BY OWNER. FAILING TESTS SHALL BE PAID BY THE CONTRACTOR. B.FOR TESTS SPECIFIED TO BE MADE BY THE CONTRACTOR (FOR EQUIPMENT/MATERIAL PRIOR TO DELIVERY TO THE PROJECT SITE), THE TESTING PERSONNEL SHALL MAKE THE NECESSARY INSPECTIONS AND TESTS AND THE REPORTS THEREOF SHALL BE IN SUCH FORM AS WILL FACILITATE CHECKING TO DETERMINE COMPLIANCE WITH THE CONTACT DOCUMENTS. SIX (6) COPIES OF THE REPORTS SHALL BE SUBMITTED AND AUTHORITATIVE CERTIFICATION THEREOF MUST BE FURNISHED TO THE ENGINEER AS A PREREQUISITE FOR THE ACCEPTANCE OF ANY MATERIAL OR EQUIPMENT. C.IF, IN THE MAKING OF ANY TEST OF ANY MATERIAL, IT IS ASCERTAINED BY THE ENGINEER THAT THE MATERIAL DOES NOT COMPLY WITH THE CONTRACT, THE CONTRACTOR WILL BE NOTIFIED THEREOF AND WILL BE DIRECTED TO REFRAIN FROM DELIVERING SAID MATERIAL, OR TO REMOVE IT PROMPTLY FROM THE SITE OR FROM THE WORK AND REPLACE IT WITH ACCEPTABLE MATERIAL, WITHOUT ADDITIONAL COST TO THE OWNER. D.THE CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR THE PROPER OPERATION OF MATERIAL DURING TESTS AND CONSTRUCTION PERIODS AND SHALL NEITHER HAVE NOR MAKE ANY CLAIM FOR DAMAGE THAT MAY OCCUR TO MATERIAL PRIOR TO THE TIME WHEN THE OWNER FORMALLY TAKES OVER THE OPERATION THEREOF. E.CONTRACTOR IS RESPONSIBLE FOR SCHEDULING FIELD TESTING. 9.FIELD OBSERVATIONS AND TESTING: A.FIELD OBSERVATIONS WILL BE PERFORMED BY ENGINEER AND ALL FIELD TESTING OF MATERIALS WILL BE PERFORMED BY AN INDEPENDENT TESTING LABORATORY. THE COST OF PASSING TESTS WILL BE PAID BY OWNER. FAILING TESTS SHALL BE PAID BY THE CONTRACTOR. B.FOR TESTS SPECIFIED TO BE MADE BY THE CONTRACTOR (FOR EQUIPMENT/MATERIAL PRIOR TO DELIVERY TO THE PROJECT SITE), THE TESTING PERSONNEL SHALL MAKE THE NECESSARY INSPECTIONS AND TESTS AND THE REPORTS THEREOF SHALL BE IN SUCH FORM AS WILL FACILITATE CHECKING TO DETERMINE COMPLIANCE WITH THE CONTACT DOCUMENTS. SIX (6) COPIES OF THE REPORTS SHALL BE SUBMITTED AND AUTHORITATIVE CERTIFICATION THEREOF MUST BE FURNISHED TO THE ENGINEER AS A PREREQUISITE FOR THE ACCEPTANCE OF ANY MATERIAL OR EQUIPMENT. C.IF, IN THE MAKING OF ANY TEST OF ANY MATERIAL, IT IS ASCERTAINED BY THE ENGINEER THAT THE MATERIAL DOES NOT COMPLY WITH THE CONTRACT, THE CONTRACTOR WILL BE NOTIFIED THEREOF AND WILL BE DIRECTED TO REFRAIN FROM DELIVERING SAID MATERIAL, OR TO REMOVE IT PROMPTLY FROM THE SITE OR FROM THE WORK AND REPLACE IT WITH ACCEPTABLE MATERIAL, WITHOUT ADDITIONAL COST TO THE OWNER. D.THE CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR THE PROPER OPERATION OF MATERIAL DURING TESTS AND CONSTRUCTION PERIODS AND SHALL NEITHER HAVE NOR MAKE ANY CLAIM FOR DAMAGE THAT MAY OCCUR TO MATERIAL PRIOR TO THE TIME WHEN THE OWNER FORMALLY TAKES OVER THE OPERATION THEREOF. E.CONTRACTOR IS RESPONSIBLE FOR SCHEDULING FIELD TESTING. 10.SALVAGE MATERIAL: A.ALL SALVAGEABLE MATERIAL AND EQUIPMENT REMOVED FROM THE EXISTING CONSTRUCTION FOR WHICH SPECIFIC USE, RELOCATION OR OTHER DISPOSAL IS NOT SPECIFICALLY NOTED ON THE DRAWINGS OR OTHERWISE SPECIFIED, SHALL REMAIN THE PROPERTY OF THE OWNER AND SHALL BE TURNED OVER TO HIM. ALL MATERIAL AND EQUIPMENT NOT IN SALVAGEABLE CONDITION AS DETERMINED BY THE ENGINEER, SHALL BE DISPOSED OF BY THE CONTRACTOR IN A LEGAL MANNER AT THE CONTRACTOR'S EXPENSE. THE ACTUAL STORAGE SITE FOR SALVAGEABLE MATERIAL WILL BE DESIGNATED BY THE OWNER. 11.CLEANING: A.DURING CONSTRUCTION OF THE WORK, THE CONTRACTOR SHALL, AT ALL TIMES, KEEP THE SITE OF THE WORK AND ADJACENT PREMISES AS FREE FROM MATERIAL, DEBRIS AND RUBBISH AS IS PRACTICABLE AND SHALL REMOVE THE SAME FROM ANY PORTION OF THE SITE IF, IN THE OPINION OF THE ENGINEER, SUCH MATERIAL, DEBRIS, OR RUBBISH CONSTITUTES A NUISANCE OR IS OBJECTIONABLE. B.AT THE CONCLUSION OF THE WORK, ALL TOOLS, TEMPORARY STRUCTURES AND MATERIALS BELONGING TO THE CONTRACTOR SHALL BE PROMPTLY TAKEN AWAY AND CONTRACTOR SHALL REMOVE AND PROMPTLY DISPOSE OF ALL RUBBISH OR ANY OTHER FOREIGN MATERIALS. THE CONTRACTOR SHALL THOROUGHLY CLEAN ALL MATERIAL INSTALLED AND SHALL DELIVER SUCH MATERIALS UNDAMAGED IN A CLEAN AND NEW CONDITION. 12.DENSITY TESTING REQUIREMENTS: A.ALL DENSITY TESTS SHALL BE SIGNED AND SEALED BY A REGISTERED PROFESSIONAL GEOTECHNICAL ENGINEER, LICENSED IN THE STATE OF FLORIDA. B.ALL TESTS AND LOCATIONS ARE SUBJECT TO REVIEW BY REPRESENTATIVES OF OUR OFFICE AND ADDITIONAL TESTS MAY BE REQUIRED BASED ON FIELD OBSERVATIONS OF CONSTRUCTION TECHNIQUES OR MATERIALS USED ON SITE. C.DENSITY TESTING SHALL BE PROVIDED FOR THE BASE AND SUBGRADE COURSE EVERY 400 FEET OF THE ROADWAY. PAVING: 1.DELIVER A REPRESENTATIVE LOAD OF THE ROCK MATERIAL TO THE SITE FOR A TESTING LABORATORY TO SAMPLE. ALLOW SUFFICIENT TIME FOR TEST LABORATORY TO ANALYZE BEFORE COMMENCING PLACEMENT ON THE ROAD. TESTING LABORATORY WILL DETERMINE LAB DENSITY PER AASHTO T180 AND THE LIMEROCK BEARING RATIO. 2.REPRESENTATIVE LOAD OF ROCK IS TO REMAIN IN STOCKPILE FORM THROUGHOUT ROCK DELIVERY SO THAT ENGINEER CAN MONITOR QUALITY OF ROCK MATERIAL BEING DELIVERED. 3.ROCK BASE: MINIMUM LIMEROCK BEARING RATIO OF 100. AT LEAST 97 PERCENT OF THE MATERIAL SHALL PASS A 3-1/2 INCH SIEVE AND THE MATERIAL SHALL BE GRADED UNIFORMLY DOWN TO DUST. ALL CRUSHING OR BREAKING-UP WHICH MIGHT BE NECESSARY IN ORDER TO MEET SUCH SIZE REQUIREMENT SHALL BE DONE BEFORE THE MATERIAL IS PLACED ON THE ROAD. MATERIAL SHALL NOT CONTAIN CHERTY OR OTHER EXTREMELY HARD PIECES, OR LUMPS, BALLS OR POCKETS OF SAND OR CLAY SIZE MATERIAL IN SUFFICIENT QUANTITY AS TO BE DETRIMENTAL TO THE PROPER BONDING, FINISHING, OR STRENGTH OF THE ROCK BASE. 4.COMPACT SUBGRADE TO AT LEAST 98 PERCENT OF THE MAXIMUM DENSITY DETERMINED BY ASTM D1557 (AASHTO T180). 5.VERIFY SUBGRADE IS READY TO RECEIVE BASE MATERIAL. 6.SPREAD THE ROCK UNIFORMLY. REMOVE ALL SEGREGATED AREAS OF FINE OR COARSE ROCK AND REPLACE THEM WITH PROPERLY GRADED ROCK. 7.AFTER SPREADING OF THE BASE IS COMPLETED, THE ENTIRE SURFACE SHALL BE SCARIFIED AND SHAPED SO AS TO PRODUCE THE EXACT GRADE AND CROSS SECTION AFTER COMPACTION. FOR DOUBLE COURSE BASE, THIS SCARIFYING SHALL EXTEND TO A DEPTH SUFFICIENT TO PENETRATE SLIGHTLY THE SURFACE OF THE FIRST COURSE. 8.WHEN THE SPECIFIED THICKNESS OF THE ROCK BASE IS GREATER THAN 6 INCHES, CONSTRUCT THE BASE IN MULTIPLE COURSES OF EQUAL THICKNESS. INDIVIDUAL COURSES SHALL NOT BE LESS THAN 3 INCHES. 9.WHEN THE MATERIAL DOES NOT HAVE THE PROPER MOISTURE CONTENT TO INSURE THE REQUIRED DENSITY, WETTING OR DRYING WILL BE REQUIRED. IF THE MATERIAL IS DEFICIENT IN MOISTURE, WATER WILL BE ADDED AND UNIFORMLY MIXED IN BY DISKING THE BASE COURSE TO ITS FULL DEPTH. IF THE MATERIAL CONTAINS AN EXCESS OF MOISTURE, IT SHALL BE ALLOWED TO DRY BEFORE BEING COMPACTED. WETTING OR DRYING OPERATIONS SHALL INVOLVE MANIPULATION OF THE ENTIRE WIDTH AND DEPTH OF THE BASE AS A UNIT. AS SOON AS PROPER CONDITIONS OF MOISTURE ARE ATTAINED, THE MATERIAL SHALL BE COMPACTED TO AN AVERAGE DENSITY NOT LESS THAN NINETY-EIGHT (98) PERCENT OF THE MAXIMUM DENSITY DETERMINED BY AASHTO T-180. 10.UNLESS OTHERWISE DIRECTED BY THE ENGINEER, THE SURFACE SHALL BE “HARD-PLANED” WITH A BLADE GRADER IMMEDIATELY PRIOR TO THE APPLICATION OF THE PRIME COAT TO REMOVE THE THIN GLAZE OR CEMENTED SURFACE AND TO ALLOW FREE PENETRATION OF THE PRIME MATERIAL. THE MATERIALS PLANED FROM THE BASE SHALL BE REMOVED FROM THE BASE AREA. 11.IF, AT ANY TIME, THE SUBGRADE MATERIAL BECOMES MIXED WITH THE BASE COURSE MATERIAL, DIG OUT AND REMOVE THE MIXTURE, AND RESHAPE AND COMPACT THE SUBGRADE. THEN REPLACE THE MATERIALS REMOVED WITH CLEAN BASE MATERIAL, AND SHAPE AND COMPACT. PERFORM THIS WORK AT NO ADDITIONAL EXPENSE TO THE OWNER. 12.IN THE PRESENCE OF THE ENGINEER, CHECK THE FINISHED SURFACE OF THE BASE COURSE WITH A TEMPLATE CUT TO THE REQUIRED CROWN AND WITH A 15-FOOT STRAIGHTEDGE LAID PARALLEL TO THE CENTERLINE OF THE ROAD. CORRECT ALL IRREGULARITIES GREATER THAN ¼ INCH TO THE SATISFACTION OF THE ENGINEER BY SCARIFYING AND REMOVING OR ADDING ROCK AS REQUIRED, AND RECOMPACT THE ENTIRE AREA. 13.IF CRACKS OR CHECKS APPEAR IN THE BASE, EITHER BEFORE OR AFTER PRIMING, WHICH IN THE OPINION OF THE ENGINEER WOULD IMPAIR THE STRUCTURAL EFFICIENCY OF THE BASE COURSE, THE CONTRACTOR SHALL REMOVE SUCH CRACKS OR CHECKS BY RESCARIFYING, RESHAPING, ADDING BASE MATERIAL WHERE NECESSARY AND RECOMPACTING. 14.ASPHALT MIX DESIGN FOR EACH ASPHALT TYPE SPECIFIED ON THE DRAWINGS. MIX DESIGN SHALL INCLUDE THE INFORMATION SPECIFIED IN PARAGRAPH 334-3 OF THE FDOT SPECIFICATIONS. 15.PRIMER: PROVIDE CUTBACK ASPHALT, RC-70 OR RC-250 COMPLYING WITH FDOT SPECIFICATION 916-3. 16.ASPHALT CONCRETE: ASPHALTIC CONCRETE SURFACE COURSE SHALL BE COMPOSED OF A MIXTURE OF AGGREGATE, MINERAL FILLER, IF NEEDED, AND ASPHALT CEMENT. THE CONSTITUENTS OF THE MIXTURE SHALL BE COMBINED IN SUCH PROPORTIONS AS TO PRODUCE A MIXTURE HAVING A STABILITY WITHIN THE LIMITS IN THE FDOT "STANDARD SPECIFICATIONS". THE JOB MIX FORMULA, SIZE AND PERCENT OF AGGREGATES SHALL BE AS SPECIFIED IN THE FDOT "STANDARD SPECIFICATIONS". THE THICKNESS OF THE SURFACE COURSE SHALL BE AS SHOWN ON THE DETAILED DRAWINGS. 17.SPREAD THE ASPHALT MIXTURE ONLY WHEN THE SURFACE UPON WHICH IT IS TO BE LAID HAS BEEN PREVIOUSLY PREPARED, IS INTACT, FIRM, AND PROPERLY CURED, AND IS DRY. 18.VERIFY GRADIENTS AND ELEVATIONS OF BASE ARE CORRECT. 19.DO NOT BEGIN PAVING INSTALLATION WITHOUT ENGINEER ACCEPTANCE OF THE SUBSTRATE. 20.SPREAD THE ASPHALT MIXTURE ONLY WHEN THE AIR TEMPERATURE IN THE SHADE AND AWAY FROM THE ARTIFICIAL HEAT IS AT LEAST 40°F FOR LAYERS GREATER THAN 1-INCH IN THICKNESS AND AT LEAST 45°F FOR LAYERS 1-INCH OR LESS IN THICKNESS. 21.CLEAN THE SURFACE OF THE BASE OR PAVEMENT TO BE COVERED OF ALL LOOSE AND DELETERIOUS MATERIAL BY THE USE OF POWER BROOMS OR BLOWERS, SUPPLEMENTED BY HAND BROOMING WHERE NECESSARY. 22.WHERE AN ASPHALT MIX IS TO BE PLACED ON AN EXISTING PAVEMENT OR OLD BASE WHICH IS IRREGULAR, FILL ALL DEPRESSIONS IN THE EXISTING SURFACE MORE THAN 1 INCH DEEP BY SPOT PATCHING WITH A LEVELING COURSE MIXTURE, AND THEN COMPACT THEM THOROUGHLY. FILL CRACKS LARGER THAN ¼ INCH IN WIDTH WITH A SLURRY MIXTURE OF SAND AND EMULSION. 23. PRIMER: C.APPLY PRIMER OVER SUBSTRATE AT A UNIFORM RATE OF NOT LESS THAN 0.15 GALLON/SQUARE YARD FOR SHELLROCK BASES AND NOT LESS THAN 0.10 GALLON/SQUARE YARD FOR LIMEROCK BASES. D.APPLY TO CONTACT SURFACES OF CURBS, GUTTERS, AND OTHER CEMENT SURFACES. E.USE CLEAN SAND TO BLOT EXCESS PRIMER. 24.MAINTAIN THE TEMPERATURE OF THE MIX AT THE TIME OF SPREADING WITHIN ±25°F OF THE ESTABLISHED MIX TEMPERATURE. ENGINEER WILL TAKE MIX TEMPERATURES AT AN AVERAGE FREQUENCY OF ONE PER FIVE TRUCKS. IF THE TEMPERATURE FAILS TO FALL WITHIN THE SPECIFIED TOLERANCE RANGE, TAKE CORRECTIVE ACTION. 25.IMMEDIATELY CEASE TRANSPORTATION OF ASPHALT MIXTURES FROM THE PLANT WHEN RAIN BEGINS AT THE ROADWAY. DO NOT PLACE ASPHALT MIXTURES WHILE RAIN IS FALLING, OR WHEN THERE IS WATER ON THE SURFACE TO BE COVERED. 26.BEFORE STARTING ANY ROLLING, CHECK THE SURFACE; CORRECT ANY IRREGULARITIES; REMOVE ALL DRIPPINGS, FAT SANDY ACCUMULATIONS FROM THE SCREED, AND FAT SPOTS FROM ANY SOURCE AND REPLACE THEM WITH SATISFACTORY MATERIAL. WHEN CORRECTING A DEPRESSION WHILE THE MIXTURE IS HOT, SCARIFY THE SURFACE AND ADD FRESH MIXTURE. 27.COMPACT MIXTURE IN ACCORDANCE WITH PARAGRAPH 330-10 OF THE FDOT SPECIFICATIONS. 28.OBTAIN A SMOOTH SURFACE ON ALL PAVEMENT COURSES PLACED AND THEN STRAIGHTEDGE ALL INTERMEDIATE AND FINAL COURSES WITH A 15-FOOT ROLLING STRAIGHTEDGE. FURNISH A 15-FOOT STRAIGHTEDGE AND MAKE IT AVAILABLE AT THE JOB SITE AT ALL TIMES DURING THE PAVING OPERATION FOR CHECKING JOINTS AND SURFACE IRREGULARITIES. 29.PRODUCE A FINISHED SURFACE OF UNIFORM TEXTURE AND COMPACTION WITH NO PULLED, TORN, OR LOOSENED PORTIONS AND FREE OF SEGREGATION, AND STREAKS, SAND SPOTS, OR RIPPLES. 30.UPON COMPLETION OF FINAL SURFACE COURSE ENGINEER WILL TEST FINISHED SURFACE WITH A 15- FOOT ROLLING STRAIGHTEDGE. CORRECT ALL DEFICIENCIES IN EXCESS OF 3/16-INCH IN ACCORDANCE WITH PARAGRAPH 330-12 OF THE FDOT SPECIFICATIONS. 31.ENGINEER MAY DETERMINE PAVEMENT THICKNESS FROM THE DEPTH OF CORE BORINGS. THE MAXIMUM ALLOWABLE DEFICIENCY IN THICKNESS FOR PAVEMENT OF A SPECIFIED THICKNESS OF 2½ INCHES OR MORE IS ½ INCH. FOR PAVEMENT OF A SPECIFIED THICKNESS OF LESS THAN 2½ INCHES IS ¼ INCH. 32.IMMEDIATELY AFTER PLACEMENT, PROTECT PAVEMENT FROM MECHANICAL INJURY FOR AS LONG AS REQUIRED UNTIL ACCEPTED BY ENGINEER. EARTHWORK: 1.CONTRACTOR SHALL OBTAIN A “DEWATERING GENERAL WATER USE PERMIT” FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT PRIOR TO COMMENCING DEWATERING UNLESS THE WORK QUALIFIES FOR A 'NO-NOTICE' AUTHORIZATION AS DESCRIBED IN RULE 40E-20.302(3) OF THE FLORIDA ADMINISTRATIVE CODE. 2.CONTRACTOR SHALL LOCATE EXISTING UNDERGROUND UTILITIES IN THE AREA OF THE WORK AS CONSTRUCTION PROCEEDS. IF UTILITIES ARE TO REMAIN IN PLACE, PROVIDE ADEQUATE MEANS OF PROTECTION. 3.SHOULD UNCHARTED OR INCORRECTLY CHARTED PIPING OR OTHER UTILITIES BE ENCOUNTERED DURING EXCAVATION, NOTIFY THE ENGINEER IMMEDIATELY. COOPERATE WITH RESPONSIBLE UTILITY COMPANIES IN KEEPING RESPECTIVE SERVICES AND FACILITIES IN OPERATION. 4.DO NOT INTERRUPT EXISTING UTILITIES SERVING FACILITIES OCCUPIED AND USED BY OWNER OR OTHERS, EXCEPT WHEN PERMITTED IN WRITING BY THE RESPECTIVE UTILITY OWNER. 5.CONTRACTOR SHALL SUSTAIN IN THEIR PLACES AND PROTECT FROM DIRECT OR INDIRECT INJURY ALL PIPES, POLES, UTILITIES, WALLS, BUILDINGS, AND OTHER STRUCTURES OR PROPERTY IN THE VICINITY OF WORK, WHETHER ABOVE OR BELOW THE GROUND, OR THAT MAY APPEAR IN THE TRENCH. CONTRACTOR SHALL TAKE ALL RISKS ATTENDANT TO THE PRESENCE OR PROXIMITY OF PIPES, POLES, WALLS, BUILDINGS, AND OTHER STRUCTURES AND PROPERTY, OF EVERY KIND AND DESCRIPTION, IN OR OVER HIS TRENCHES, EXCAVATIONS OR IN THE VICINITY OF HIS WORK WHETHER ABOVE OR BELOW THE GROUND AND SHALL BE RESPONSIBLE FOR ALL DAMAGE AND ASSUME ALL EXPENSE FOR DIRECT OR INDIRECT INJURY, CAUSED BY HIS WORK, TO ANY OF THEM, OR TO ANY PERSON OR PROPERTY BY REASON OF INJURY TO THEM, WHETHER SUCH STRUCTURES ARE OR ARE NOT SHOWN ON THE DRAWINGS. 6.PROTECT STRUCTURES, UTILITIES, SIDEWALKS, PAVEMENTS, BENCHMARKS, AND OTHER FACILITIES FROM DAMAGE CAUSED BY SETTLEMENT, LATERAL MOVEMENT, UNDERMINING, WASHOUT, AND OTHER HAZARDS CREATED BY EXCAVATING OPERATIONS. 7.PROVIDE EROSION CONTROL MEASURES TO PREVENT EROSION OR DISPLACEMENT OF SOILS AND DISCHARGE OF SOIL BEARING WATER RUNOFF OR AIRBORNE DUST TO ADJACENT PROPERTIES AND WALKWAYS. 8.WHEN EXCAVATIONS EXCEED 5 FEET IN DEPTH, CONTRACTOR SHALL MEET THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION'S EXCAVATION SAFETY STANDARDS 29 C.F.R.S. 1926.650, SUBPART P. 9.MATERIAL BELOW SUBGRADE DEEMED UNSUITABLE SHALL BE REMOVED AND REPLACED WITH CLEAN GRANULAR MATERIAL. 10.EXCAVATION IN THE VICINITY OF ADJACENT FACILITIES SHALL BE PERFORMED BY MEANS THAT WILL NOT DAMAGE THE FACILITIES. ANY DAMAGE TO EXISTING FACILITIES CAUSED BY THE CONTRACTOR'S OPERATIONS SHALL BE REPAIRED TO THE SATISFACTION OF THE FACILITY'S OWNER AT NO ADDITIONAL COST TO OWNER. 11.TRENCH BOTTOM SHALL BE SHAPED TO CONFORM TO PIPE BELLS OR OTHER SHAPE IRREGULARITIES OF SPECIAL APPURTENANCES. 12.WHERE A TRENCH CROSSES EXISTING PAVED AREAS OR ROADWAYS WHICH HAVE NOT BEEN SCHEDULED TO BE REPAVED ON THE DRAWINGS, THE PAVED AREA SHALL BE SAW CUT. RIPPING OF PAVEMENT FOR TRENCHES WITH EXCAVATION EQUIPMENT WILL NOT BE ALLOWED. 13.SATISFACTORY EXCAVATED MATERIALS SHALL BE STOCKPILED UNTIL REQUIRED FOR BACKFILL. STOCKPILES SHALL BE PLACED, GRADED AND SHAPED FOR PROPER DRAINAGE. 14.SOIL MATERIALS SHALL BE LOCATED AND RETAINED AWAY FROM EDGES OF EXCAVATIONS. 15.EXCESS AND/OR UNSATISFACTORY MATERIALS SHALL BE DISPOSED OF OFFSITE 16.GENERAL: PROVIDE BORROW SOIL MATERIALS WHEN SUFFICIENT SATISFACTORY SOIL MATERIALS ARE NOT AVAILABLE FROM EXCAVATIONS. 17.SATISFACTORY SOILS: ASTM D2487 SOIL CLASSIFICATION GROUPS GW, GP, GM, SW, SP, AND SM, OR A COMBINATION OF THESE GROUPS, FREE OF ROCK OR GRAVEL LARGER THAN 3 INCHES IN ANY DIMENSION, DEBRIS, WASTE, VEGETATION, AND OTHER DELETERIOUS MATTER. 18.UNSATISFACTORY SOILS: ASTM D2487 SOIL CLASSIFICATION GROUPS GC, SC, ML, MH, CL, CH, OL, OH AND PT, OR A COMBINATION OF THESE GROUPS. 19.UNSATISFACTORY SOILS ALSO INCLUDE SATISFACTORY SOILS NOT MAINTAINED WITHIN 2 PERCENT OF OPTIMUM MOISTURE CONTENT AT TIME OF COMPACTION. 20.BACKFILL AND FILL: SATISFACTORY SOIL MATERIALS. 21.BACKFILL SHALL BE PLACED IN LAYERS NOT TO EXCEED TWELVE INCHES IN DEPTH AS MEASURED BEFORE COMPACTION. EACH LAYER SHALL BE COMPACTED TO AT LEAST THE MINIMUM PERCENTAGE OF A MODIFIED PROCTOR (ASTM D1557) SPECIFIED IN THE COMPACTION SCHEDULED IN PARAGRAPH 3.03. 22.AREAS ADJACENT TO STRUCTURES AND OTHER CONFINED AREAS INACCESSIBLE TO A VIBRATORY ROLLER SHALL BE COMPACTED WITH A MANUALLY OPERATED VIBRATORY COMPACTOR. 23.IT IS THE INTENTION THAT THE FILL MATERIALS WITH RESPECT TO MOISTURE BE USED IN THE CONDITION THEY ARE EXCAVATED INSOFAR AS THIS IS PRACTICABLE. MATERIAL WHICH IS TOO WET SHALL BE SPREAD ON THE FILL AREA AND PERMITTED TO DRY, ASSISTED BY HARROWING IF NECESSARY, UNTIL THE MOISTURE CONTENT IS REDUCED TO ALLOWABLE LIMITS. 24.IF ADDED MOISTURE IS REQUIRED, WATER SHALL BE APPLIED BY SPRINKLER TANKS OR OTHER SPRINKLER SYSTEMS WHICH WILL INSURE UNIFORM DISTRIBUTION OF THE WATER OVER THE AREA TO BE TREATED AND GIVE COMPLETE AND ACCURATE CONTROL OF THE AMOUNT OF WATER TO BE USED. IF TOO MUCH WATER IS ADDED THE AREA SHALL BE PERMITTED TO DRY BEFORE COMPACTION IS CONTINUED. 25.SUPPLY ALL HOSE, PIPING, VALVES, SPRINKLERS, PUMPS, SPRINKLER TANKS, HAULING EQUIPMENT, AND ALL OTHER MATERIALS AND EQUIPMENT NECESSARY TO PLACE THE WATER ON THE FILL. 26.UNSUITABLE AND SURPLUS EXCAVATED MATERIALS BECOME THE PROPERTY OF THE CONTRACTOR AND ARE TO BE REMOVED AND DISPOSED OF OFF SITE. 27.SUITABLE EXCAVATED MATERIAL MAY BE USED FOR FILL OR BACKFILL IF IT MEETS THESE SPECIFICATIONS. 28.ALLOW TESTING LABORATORY TO INSPECT AND TEST SUBGRADES AND EACH FILL OR BACKFILL LAYER. PROCEED WITH SUBSEQUENT EARTHWORK ONLY AFTER TEST RESULTS FROM PREVIOUSLY COMPLETED WORK COMPLIES WITH REQUIREMENTS. 29.TESTING AGENCY WILL TEST COMPACTION OF SOILS IN PLACE ACCORDING TO ASTM D2922. 30.WHEN TESTING AGENCY REPORTS THAT SUBGRADES, FILLS OR BACKFILLS HAVE NOT ACHIEVED DEGREE OF COMPACTION SPECIFIED, SCARIFY AND MOISTEN OR AERATE, OR REMOVE AND REPLACE SOIL TO DEPTH REQUIRED; RECOMPACT AND RETEST UNTIL SPECIFIED COMPACTION IS OBTAINED. 31.PROTECT NEWLY GRADED AREAS FROM TRAFFIC AND EROSION. KEEP FREE OF TRASH AND DEBRIS. 32.REPAIR AND RE-ESTABLISH GRADES TO SPECIFIED TOLERANCES WHERE COMPLETED OR PARTIALLY COMPLETED SURFACES BECOME ERODED, RUTTED, SETTLED, OR WHERE THEY LOSE COMPACTION DUE TO SUBSEQUENT CONSTRUCTION OPERATIONS OR WEATHER CONDITIONS NOTES: 1.ALL AREAS DISTURBED BY CONSTRUCTION SHALL BE RESTORED TO THEIR ORIGINAL CONDITION. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO PAVEMENT MARKINGS, DRIVEWAYS, IRRIGATION, LIGHTING, MAILBOXES, FIRE HYDRANTS, METERS, FENCING, EXISTING DRAINAGE, VEGETATION, SOD, DUNES, ETC. 2.VALVE BOXES, MANHOLES, CLEANOUTS, AND OTHER UTILITIES IN THE PAVEMENT WORK AREA SHALL BE PROTECTED AND ADJUSTED TO MATCH FINISHED GRADE. 3.SIGNS TO BE ADJUSTED WHERE APPLICABLE. STRIPING SHALL BE THERMOPLASTIC UNLESS OTHERWISE NOTED. 4.ROADWAY NEEDS TO REMAIN OPEN TO THE PUBLIC AT ALL TIMES. 5.MAINTENANCE OF TRAFFIC (MOT), CONTRACTOR TO PROVIDE MOT PLAN FOR APPROVAL BY TOWN STAFF PRIOR TO CONSTRUCTION. MOT PLAN SHALL BE PREPARED BY A CERTIFIED WORKSITE TRAFFIC CONTROL TECHNICIAN OR TRAFFIC CONTROL SUPERVISOR, AS APPROPRIATE FOR JOB COMPLEXITY. A LEGIBLE COPY OF THE TECHNICIAN/SUPERVISOR'S VALID CERTIFICATION MUST BE SUBMITTED WITH THE MOT PLAN. A CERTIFIED TRAFFIC CONTROL SUPERVISOR MUST SIGN THE MOT PLAN, AND A COPY OF HIS/HER CURRENT CERTIFICATION MUST BE INCLUDED. 6.ALL PAVEMENT MARKING, GEOMETRICS AND SIGNAGE SHALL COMPLY WITH PALM BEACH COUNTY TRAFFIC DIVISION STANDARD DETAIL NO. T-P-18. 1.PROVISIONS FOR CONTROL OF POLLUTION: A.SUFFICIENT PRECAUTIONS SHALL BE TAKEN DURING CONSTRUCTION TO PREVENT THE RUN-OFF OF POLLUTING SUBSTANCES SUCH AS SILT, CLAY, FUELS, OILS, BITUMEN'S OR OTHER POLLUTING MATERIALS HARMFUL TO HUMANS, FISH, OR OTHER LIFE, INTO THE SUPPLIES AND SURFACE WATERS OF THE STATE OF FLORIDA. CONTROL MEASURES MUST BE ADEQUATE TO ASSURE THAT TURBIDITY IN THE RECEIVING WATER WILL NOT BE INCREASED MORE THAN 29 NEPHELOMETRIC TURBIDITY UNITS (NTU) ABOVE BACKGROUND UNLESS OTHERWISE PERMITTED. SPECIAL PRECAUTIONS SHALL BE TAKEN IN THE USE OF CONSTRUCTION EQUIPMENT TO PREVENT OPERATIONS WHICH PROMOTE EROSION. EROSION EVIDENT WITHIN THE LIMITS OF CONSTRUCTION OR OTHER AREAS AFFECTED BY THE CONTRACTOR SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. B.FILL OUT A NOTICE OF INTENT FORM (FDEP FORM 62-621.300(4)(B) AND SUBMIT IT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. C.EXCAVATION OF WATER MANAGEMENT FACILITIES SHOULD OCCUR IMMEDIATELY AFTER CLEARING AND GRUBBING TO SERVE AS A SEDIMENT TRAP OR CATCHMENT FOR STORMWATER RUNOFF FROM EXPOSED SOILS. D.CONSTRUCT PERIMETER BERM OR GRADE SITE TO PREVENT OFF-SITE DISCHARGE OF STORMWATER RUNOFF. E.PLACE SILT FENCES OR HAY BALES TO CONTAIN EROSION IN AREAS PRONE TO STORMWATER RUNOFF EROSIVE VELOCITIES. F.PROTECT EACH INLET THAT MAY RECEIVE RUNOFF FROM THE CONSTRUCTION SITE WITH SILT FENCE/FILTER FABRIC STAKED IN PLACE. G.INSTALL TURBIDITY SCREENS WITHIN THE RECEIVING BODY BEFORE COMMENCEMENT OF BANK IMPROVEMENTS AND OUTFALL INSTALLATIONS. H.TAKE ALL REASONABLE PRECAUTIONS TO CONTROL DUST AND UNCONFINED PARTICULATE MATTER. THE APPLICATION OF WATER IS AN ACCEPTABLE DUST SUPPRESSANT ON ROADWAYS, STOCKPILES, AND ANY OTHER AREAS WITHIN THE PROJECT BOUNDARIES. DUST SUPPRESSANT WATER SHALL BE APPLIED IN SUCH A MANNER SO AS NOT TO PRODUCE EXCESS RUNOFF AND EROSION. I.TURBIDITY IN RECEIVING WATER SHALL NOT BE INCREASED MORE THAN 29 NEPHELOMETRIC TURBIDITY UNITS (NTU) ABOVE BACKGROUND. J.TAKE PRECAUTIONS IN THE USE OF CONSTRUCTION EQUIPMENT TO PREVENT OPERATIONS WHICH PROMOTE EROSION. 2.OTHER CONTROLS AND MATERIAL MANAGEMENT PRACTICES: A.HAZARDOUS WASTE - DISPOSE OF IN A MANNER SPECIFIED BY LOCAL OR STATE REGULATIONS. B.NOISE - MINIMIZE NOISE CAUSED BY THE OPERATION OF EQUIPMENT. ABIDE BY ALL LOCAL REGULATIONS COVERING NOISE CONTROL. C.ODORS - DO NOT CAUSE OBJECTIONABLE ODORS TO BE GENERATED. D.OFFSITE VEHICLE TRACKING - PROVIDE A ROCK CONSTRUCTION ENTRANCE TO REDUCE VEHICLE TRACKING OF SEDIMENTS. DUMP TRUCKS HAULING MATERIAL FROM THE CONSTRUCTION SITE SHALL BE COVERED WITH A TARPAULIN. E.OPEN BURNING - NO OPEN FIRES OR BURNING OF MATERIALS OTHER THAN VEGETATIVE LAND CLEARING DEBRIS. OBTAIN PRIOR APPROVAL TO BURN FROM THE LOCAL AUTHORITY AND APPLICABLE FIRE MARSHALL. F.PAINTS - ALL CONTAINERS SHALL BE TIGHTLY SEALED AND STORED WHEN NOT REQUIRED FOR USE. EXCESS PAINT SHALL NOT BE DISCHARGED TO THE STORM SEWER SYSTEM, BUT WILL BE PROPERLY DISPOSED OF ACCORDING TO THE PAINT MANUFACTURER'S INSTRUCTIONS AND STATE OR LOCAL REGULATIONS. G.PESTICIDES AND HERBICIDES - ANY PESTICIDE AND HERBICIDE USAGE WILL BE BY STATE LICENSED APPLICATORS. H.PETROLEUM PRODUCTS - MONITOR ONSITE VEHICLES AND TANKS FOR LEAKS. THEY SHALL RECEIVE REGULAR PREVENTIVE MAINTENANCE TO REDUCE THE CHANCE OF LEAKAGE. STORE PETROLEUM PRODUCTS IN TIGHTLY SEALED CONTAINERS, WHICH ARE CLEARLY LABELED. USE ASPHALT SUBSTANCES ACCORDING TO THE MANUFACTURER'S RECOMMENDATIONS. PROVIDE SECONDARY CONTAINMENT FOR ALL ABOVE GROUND FUEL TANKS. I.SANITARY WASTE - COLLECT ALL SANITARY WASTE FROM THE PORTABLE UNITS AT LEAST TWICE PER WEEK. J.WASTE MATERIALS - COLLECT AND STORE ALL WASTE MATERIALS IN A SECURELY COVERED METAL DUMPSTER PROVIDED BY A LICENSED SOLID WASTE MANAGEMENT COMPANY. DEPOSIT ALL TRASH AND CONSTRUCTION DEBRIS FROM THE SITE IN THE DUMPSTER. THE DUMPSTER IS TO BE EMPTIED AS NEEDED SO THERE IS NO OVERFLOW. HAUL TRASH TO A STATE APPROVED LANDFILL FACILITY. 3.MAINTENANCE / INSPECTION PROCEDURES: A.INSPECT ALL CONTROL MEASURES AT LEAST ONCE PER WEEK AND FOLLOWING ANY STORM EVENT OF 0.5 INCHES OR GREATER. B.MAINTAIN ALL MEASURES IN GOOD WORKING ORDER. IF A REPAIR IS NECESSARY, IT MUST BE INITIATED WITHIN 24 HOURS OF THE ONSITE INSPECTION REPORT. C.REMOVE BUILT UP SEDIMENT FROM SILT FENCE WHEN IT HAS REACHED ONE-THIRD THE HEIGHT OF THE FENCE. D.INSPECT SILT FENCE FOR DEPTH OF SEDIMENT, TEARS, TO SEE IF THE FABRIC IS SECURELY ATTACHED TO THE FENCE POSTS, AND TO SEE THAT THE FENCE POSTS ARE FIRMLY IN THE GROUND. E.PREPARE A MAINTENANCE INSPECTION REPORT AFTER EACH INSPECTION. A COPY OF THE REPORT FORM TO BE COMPLETED BY THE INSPECTOR IS FOUND AT THE END OF THIS SECTION. F.THE CONTRACTOR SHALL DESIGNATE A QUALIFIED PERSON TO BE RESPONSIBLE FOR INSPECTIONS, MAINTENANCE AND REPAIR ACTIVITIES, AND COMPLETING THE INSPECTION AND MAINTENANCE REPORTS. G.NON-STORMWATER DISCHARGES ARE PERMISSIBLE PROVIDED THAT DISCHARGE DOES NOT CAUSE EROSION OR CREATE TURBIDITY WITHIN THE RECEIVING BODY AND ARE IN COMPLIANCE WITH REGULATORY REQUIREMENTS. THESE DISCHARGES MAY INCLUDE WATER LINE FLUSHING, FIRE FIGHTING ACTIVITIES, FIRE HYDRANT FLUSHING, DUST CONTROL, IRRIGATION DRAINAGE, AIR CONDITIONING CONDENSATION, AND WATER USED TO SPRAY OFF LOOSE SOLIDS FROM VEHICLES.PLOT: 3/17/2025 12:00:09 PMCHECKEDPROJECT ENGPROJECT MGRDRAWN BYDATE1280 N CONGRESS AVE, SUITE 101WEST PALM BEACH, FLORIDA 33409PH (561)655-1151 · FAX (561)832-9390WWW.ENGENUITYGROUP.COMCERTIFICATE OF AUTHORIZATION #7095J:\Land Projects R2\03045.192 NPB Buoy and Eastwind Drianage\Dwg\Eastwind\C-6 NOTES (2).dwg DATE: 3/17/2025 11:14 AMã COPYRIGHT BY ENGENUITY GROUP, INC. THISDRAWING IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY,UNLESS SIGNED AND SEALED BY A LICENSED PROFESSIONALENGINEER REPRESENTING ENGENUITY GROUP, INC.SHEET NO.NO.DATEREMARKSBYREVISIONSJOB NO. OFEASTWIND DRIVEDRAINAGE IMPROVEMENTSNORTH PALM BEACHNOTESC-4 5 03045.1922025ADAM C. SWANEY, P.E.FL LICENSE # 72235MARCH 2025KGACSACSACSR Know what'sbelow. Callbefore you dig. ADAM S WANEY, P.E., PROF ES SIONAL ENGINEER LICE NS E NO. 72235. T H I S D O C U M E N T H A S B E E N E L E C T R O N I C A L L Y S I G N E D A N D SEALED BY ADAM SWANEY, P.E. USING A SHA-1 AUTHENTICATION CODE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SHA-1 AUTHENTICATION CODE MUST BE VERIFIED ON ANY E L E C T R O N I C C O P I E S . DRAINAGE: 1.PIPE SHALL BE PROTECTED DURING STORAGE AND HANDLING AGAINST IMPACT SHOCKS AND FREE FALL. PIPE SHALL BE KEPT CLEAN AT ALL TIMES. 2.LAY PIPE TO SLOPE GRADIENTS NOTED ON THE DRAWINGS WITH A MAXIMUM VARIATION FROM TRUE SLOPE OF 1/8 INCH IN 10 FEET. 3.ALL PIPE SHALL BE CAREFULLY INSTALLED STARTING AT THE LOWEST END, WITH HUBS UPGRADE AND TONGUE END FULLY ENTERED INTO THE HUB. 4.ANY PIPE THAT IS NOT IN TRUE ALIGNMENT OR WHICH SHOWS ANY SETTLEMENT AFTER INSTALLATION SHALL BE TAKEN UP AND RE_INSTALLED AT NO ADDITIONAL COST TO OWNER. 5.PLACE PLUGS IN ENDS OF UNCOMPLETED PIPE AT END OF DAY OR WHENEVER WORK STOPS. 6.RUBBER GASKETS FOR CONCRETE PIPE JOINTS SHALL MEET THE REQUIREMENTS OF THE FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, SECTION 942. THE GASKET AND THE SURFACE OF THE PIPE JOINT, INCLUDING THE GASKET RECESS, SHALL BE CLEAN AND FREE FROM GRIT, DIRT, AND OTHER FOREIGN MATTER AT THE TIME THE JOINTS ARE MADE. 7.PIPE SHALL BE SET FIRMLY, ACCORDING TO THE LINES AND GRADE; AND PREPARATORY TO MAKING JOINTS, ALL SURFACES OF THE PORTION OF THE PIPE TO BE JOINTED SHALL BE THOROUGHLY CLEANED. THE PIPE SHALL BE LAID WITH THE GROOVE UPSTREAM. A SHALLOW EXCAVATION SHALL BE MADE UNDERNEATH THE PIPE AT THE JOINT. 8.IMMEDIATELY PRIOR TO INSTALLATION OF CONCRETE PIPE, THE ENTIRE INTERIOR OF THE GROOVE OF THE PIPE ALREADY INSTALLED, AND THE RUBBER GASKET OF THE PIPE TO BE INSTALLED SHALL BE COATED WITH AN APPROVED VEGETABLE SOAP LUBRICANT. THE GROOVE AND SPIGOT ENDS SHALL BE CLEANED PRIOR TO APPLICATION OF THE LUBRICANT. THE PIPE SHALL THEN BE ALIGNED WITH THE PREVIOUSLY INSTALLED PIPE AND THE JOINT PULLED TOGETHER. THE JOINT SHALL BE PULLED BY THE USE OF INTERIOR OR EXTERIOR PULL JACKS OR WINCHES, ANCHORED BY SUITABLE MEANS. THE CHOICE OF METHOD AND TYPE OF EQUIPMENT WILL DEPEND ON TRENCH CONDITIONS, TYPE AND SIZE OF PIPE, AND ITS ABILITY TO PROPERLY SEAT THE GASKET. IF, WHILE MAKING THE JOINT, THE GASKET BECOMES LOOSE AND CAN BE SEEN THROUGH THE EXTERIOR JOINT RECESS WHEN THE JOINT IS PULLED UP TO WITHIN ONE INCH (1") OF CLOSURE, THE PIPE SHALL BE REMOVED AND THE JOINT REMADE 9.REPAIR CONCRETE PIPE LIFT HOLES BY USE OF A HAND-PLACED STIFF, NON-SHRINK, 1 TO 1 MORTAR OF CEMENT AND FINE SAND, AFTER WASHING OUT THE HOLE WITH WATER. COMPLETELY FILL THE VOID CREATED BY THE LIFT HOLE WITH MORTAR. COVER THE REPAIRED AREA WITH A 24 INCH BY 24 INCH PIECE OF FILTER FABRIC SECURED TO THE PIPE. USE A CLASS D FILTER FABRIC MEETING THE REQUIREMENTS SHOWN IN INDEX 199 OF THE FLORIDA DEPARTMENT OF TRANSPORTATION'S ROADWAY AND TRAFFIC DESIGN STANDARDS. SECURE THE FILTER FABRIC TO THE PIPE USING A METHOD THAT HOLDS THE FABRIC IN PLACE UNTIL THE BACKFILL IS PLACED AND COMPACTED. USE A GROUT MIXTURE, MASTIC, OR STRAPPING DEVICE TO SECURE THE FABRIC TO THE PIPE. 10.WHEN SHOWN ON THE DRAWINGS, SEAL THE ENDS OF THE PIPE WITH A MASONRY PLUG A MINIMUM OF 8 INCHES IN THICKNESS. 11.INSTALL FILTER FABRIC JACKET AROUND THE FIRST JOINT OF ALL PIPE ENTERING OR LEAVING A DRAINAGE STRUCTURE AND AT ALL CONCRETE PIPE JOINTS. USE A FILTER FABRIC JACKET CONSISTING OF A PIECE OF WOVEN OR NON-WOVEN FILTER FABRIC WHICH PROVIDES AN APPARENT OPENING SIZE OF A NO. 70 TO NO. 100 SIEVE, 24 INCHES IN WIDTH AND A LENGTH SUFFICIENT TO PROVIDE A MINIMUM OVERLAP OF 24 INCHES. SECURE THE FILTER FABRIC JACKET AGAINST THE OUTSIDE OF THE CONCRETE PIPE BY STEEL OR PLASTIC STRAPPING. 12.CORRUGATED POLYETHYLENE PIPE A.AASHTO M294, TYPE S SMOOTH WALL INTERIOR. CORRUGATIONS MAY ONLY BE ANNULAR. BELL AND SPIGOT JOINTS WITH A GASKET MEETING ASTM F477. WHEN PERFORATED PIPE IS SPECIFIED ON THE DRAWINGS, THE PERFORATIONS SHALL CONFORM TO THE REQUIREMENTS OF CLASS 1. 13. TRENCHES ARE TO BE DRY WHILE THE PIPE IS BEING LAID. ITEM PGD-6 ITEM PGD-7 ITEM PGD-8 ITEM PGD-9 UNIT PRICE INCLUDES ANY TACK AND INSTALLATION. INCLUDE CONSTRUCTION OF AN ASPHALT ROADWAY PER THE DETAIL IN THE PLANS. THE UNIT PRICE SHALL INCLUDE ALL EXCAVATION, LINE CUTTING OF EXISTING PAVEMENT, PREPARATION OF SUBGRADE, FINE GRADING, PLACEMENT OF SUBGRADE MATERIAL, COMPACTION, ROLLING, BROOMING, AND OTHER MISCELLANEOUS WORK REQUIRED TO COMPLETE THE WORK IN ACCORDANCE WITH FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, LATEST EDITION, THE CITY, AND PALM BEACH COUNTY SPECIFICATIONS. UNIT PRICE INCLUDES ALL LABOR, MATERIAL, EQUIPMENT AND INCIDENTALS NECESSARY TO PROVIDE 8 INCHES OF LIMEROCK (LBR 100) TO INCLUDE BUT NOT LIMITED TO GRADING, SUBGRADE SHAPING, ROLLING/COMPACTING, TESTING, AND PRIME COAT OF THE FINISHED ROCK, SO THAT FINAL BASE IS UNIFORM AND READY FOR PAVING. CONTRACTOR IS ALSO RESPONSIBLE FOR WORKING THE EXISTING BASE OR BRINGING ADDITION MATERIAL IF NECESSARY TO INSURE THE SUBGRADE IS FIRM AND UNYIELDING TO THE WEIGHT OF A FULLY LOADED DUMP TRUCK BEFORE BASE IS PLACED. COST OF THIS WORK IS INCLUDED INTO THE PAY ITEM. PAY ITEM NOTES: ITEM PGD-1 ITEM PGD-2 ITEM PGD-3 ITEM PGD-4 ITEM PGD-5 LUMP SUM PRICE INCLUDES FOR MOBILIZATION/DEMOBILIZATION, INSURANCE, BOND, LICENSE, DENSITY TESTING AND OTHER MISCELLANEOUS ADMINISTRATIVE COSTS, AND ALL OTHER COSTS TO THE CONTRACTOR NOT SPECIFICALLY IDENTIFIED IN THE COSTS OF OTHER WORK UNDER THE CONTRACT WILL BE MADE AT THE CONTRACT LUMP SUM PRICE BID FOR THE ITEM. NO ADDITIONAL PAYMENT SHALL BE MADE FOR TRANSPORTATION, COMMUNICATIONS, OFFICE MAINTENANCE, AND OTHER INCIDENTAL WORK OR SERVICES, AND NO FURTHER PAYMENT SHALL BE MADE FOR REMOBILIZATION UNLESS ALL OF THE WORK IS SUSPENDED BY THE ENGINEER FOR A PERIOD IN EXCESS OF THREE MONTHS AND THROUGH NO FAULT TO THE CONTRACTOR.THE CONTRACT UNIT PRICE SHALL INCLUDE COMPENSATION FOR LABOR, MATERIALS, EQUIPMENT AND ALL OTHER INCIDENTALS REQUIRED TO COMPLETE THIS ITEM. LUMP SUM PRICE INCLUDES ALL MOT SIGNS, POSTS, BARRICADES, CONNECTIONS, INSTALLATION AND REMOVAL. INCLUDES MAINTENANCE OF TRAFFIC AND DETOURS AS REQUIRED AROUND THE CONSTRUCTION AREAS, REMOVAL AND REINSTALLATION OF EXISTING TRAFFIC SIGNS, AND MAINTENANCE OF DRIVEWAYS DURING CONSTRUCTION TO ALLOW ACCESS TO PROPERTY. LUMP SUM PRICE INCLUDES COMPENSATION FOR REQUIRED LABOR, MATERIALS, AND EQUIPMENT NECESSARY TO PROVIDE NPDES CONTROL IN ACCORDANCE WITH THE SPECIFICATION. LUMP SUM PRICE INCLUDES SAW CUTTING AND REMOVAL OF EXISTING ASPHALT, BASE, CONCRETE, UNSUITABLE MATERIALS AND ROOT SYSTEMS ENTIRELY BELOW PROPOSED BASE, REMOVAL OF ANY UNFORESEEN OBSTRUCTIONS AS NECESSARY TO COMPLETE THE CONSTRUCTION PROJECT AS SHOWN ON THE DRAWINGS. LUMP SUM PRICE INCLUDES ONE SET OF FULL-SIZE DESIGN DRAWINGS ON REPRODUCIBLE MATERIAL AND AN ELECTRONIC FILE OF THE DESIGN DRAWINGS WILL BE FURNISHED TO THE CONTRACTOR BY THE VILLAGE. UPON COMPLETION OF THE WORK, THE CONTRACTOR SHALL PREPARE A RECORD SET OF AS-BUILT DRAWINGS BY A LICENSED SURVEYOR ON FULL-SIZE, REPRODUCIBLE MATERIAL AND AN ELECTRONIC FILE IN AUTOCAD LATEST VERSION. THE AS-BUILT DATA SHALL BE IN STATE PLANE COORDINATES AND NAVD 88. INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO FURNISH AND INSTALL THE CLASS 3 REINFORCED CONCRETE PIPE. INCLUDES ALL PIPES, JOINTS, FILTER FABRIC, BEDDING, TRENCHING, EXCAVATION, BACKFILL, COMPACTION, AND ALL INCIDENTAL LABOR AND MATERIAL NECESSARY TO COMPLETE THE CONSTRUCTION OF PIPE AS REQUIRED BY THIS SECTION OF THE SPECIFICATIONS. Description Unit Quantity #PAVING, GRADING, AND DRAINAGE PGD-1 MOBILIZATION LS 1 PGD-2 MAINTENANCE OF TRAFFIC LS 1 PGD-3 POLLUTION PREVENTION LS 1 PGD-4 CLEARING & GRUBBING LS 1 PGD-5 STAKING AND RECORD DRAWINGS LS 1 PGD-6 EXCAVATION CY 80 PGD-7 2" TYPE SP-9.5 ASPHALTIC CONCRETE SY 48 PGD-8 MILLING AND RESURFACING W/ 1" SP-9.5 ASPHALT SY 595 PGD-9 8" BASEROCK W/ PRIME COAT SY 48 PGD-10 12" COMPACTED SUBGRADE SY 48 PGD-11 INLETS, DT BOT, TYPE C, <10'EA 2 PGD-12 18" RCP PIPE LF 76 PGD-13 PAVEMENT MARKINGS LS 1 PGD-14 SIDEWALK RESTORATION SY 6 PDG-15 DETECTABLE WARNING SURFACE EA 2 INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO EXCAVATE SITE. THIS PAY ITEM IS PLAN QUANTITY. EXCAVATION QUANTITIES ESTIMATED WITHOUT COMPACTION RATE APPLIED. ITEM PGD-12 PLOT: 3/17/2025 12:00:15 PMCHECKEDPROJECT ENGPROJECT MGRDRAWN BYDATE1280 N CONGRESS AVE, SUITE 101WEST PALM BEACH, FLORIDA 33409PH (561)655-1151 · FAX (561)832-9390WWW.ENGENUITYGROUP.COMCERTIFICATE OF AUTHORIZATION #7095J:\Land Projects R2\03045.192 NPB Buoy and Eastwind Drianage\Dwg\Eastwind\C-6 PAY ITEMS.dwg DATE: 3/17/2025 11:14 AMã COPYRIGHT BY ENGENUITY GROUP, INC. THISDRAWING IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY,UNLESS SIGNED AND SEALED BY A LICENSED PROFESSIONALENGINEER REPRESENTING ENGENUITY GROUP, INC.SHEET NO.NO.DATEREMARKSBYREVISIONSJOB NO. OFEASTWIND DRIVEDRAINAGE IMPROVEMENTSNORTH PALM BEACHPAY ITEMSC-5 5 03045.1922025ADAM C. SWANEY, P.E.FL LICENSE # 72235MARCH 2025KGACSACSACSR Know what'sbelow. Callbefore you dig. AD AM S WANEY, P .E., PROF E SSIONAL ENGINEER LICENSE N O. 72235. T H I S D O C U M E N T H A S B E E N E L E C T R O N I C A L L Y S I G N E D A N D SEALED BY ADAM SWANEY, P.E. USING A SHA-1 AUTHENTICATION CODE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SHA-1 AUTHENTICATION CODE MUST BE VERIFIED ON ANY E L E C T R O N I C C O P I E S . INCLUDES FOR MILLING EXISTING ASPHALT PAVEMENT AND INSTALLING NEW 1 INCH TYPE SP 9.5 ASPHALT OVERLAY, WHERE INDICATED ON THE PLANS SHALL BE MADE AT THE CONTRACTOR'S UNIT PRICE PER SQUARE YARD FOR 1 INCH AND 1 INCH MINIMUM MILLING AND TYPE SP 9.5 ASPHALT OVERLAY AND SHALL INCLUDE ALL LABOR, MATERIAL, ASPHALT TESTING, AND EQUIPMENT REQUIRED TO MILL AN AVERAGE 1 INCH BUT NOT LESS THAN 1 INCH, OF EXISTING ASPHALT AND CONSTRUCT TYPE SP 9.5 ASPHALTIC CONCRETE OVERLAY AS SHOWN ON THE PLAN VIEW AND DETAIL DRAWINGS. THE UNIT PRICE SHALL INCLUDE COMPENSATION FOR MULTIPLE MOBILIZATIONS, LABOR, MATERIALS, AND EQUIPMENT REQUIRED TO MILL EXISTING PAVEMENT AND THE CONSTRUCT THE NEW TYPE SP 9.5 ASPHALTIC SURFACE OVERLAY WITH TACK COAT. LUMP SUM PRICE SHALL INCLUDE COMPENSATION FOR LABOR, MATERIALS, AND EQUIPMENT REQUIRED TO INSTALL ALL PERMANENT PAVEMENT MARKINGS, SYMBOLS, AND RPM'S IN ACCORDANCE WITH FDOT SPECIFICATIONS. ITEM PGD-13 INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT REQUIRED TO FURNISH AND INSTALL THE 4" THICK CONCRETE SIDEWALK. INCLUDES BEDDING, SUBGRADE, EXCAVATION, COMPACTION, AND ALL INCIDENTAL LABOR AND MATERIAL NECESSARY TO COMPLETE THE CONSTRUCTION . ITEM PGD-14 ITEM PGD-10 UNIT PRICE INCLUDES ALL LABOR, MATERIAL, EQUIPMENT AND INCIDENTALS NECESSARY TO PROVIDE 12 INCHES OF SUBGRADE TO INCLUDE BUT NOT LIMITED TO GRADING, SHAPING, ROLLING/COMPACTING, AND TESTING, SO THAT FINAL BASE IS UNIFORM AND READY FOR LIMEROCK. CONTRACTOR IS ALSO RESPONSIBLE FOR WORKING THE EXISTING BASE OR BRINGING ADDITION MATERIAL IF NECESSARY TO INSURE THE SUBGRADE IS FIRM AND UNYIELDING TO THE WEIGHT OF A FULLY LOADED DUMP TRUCK BEFORE BASE IS PLACED. COST OF THIS WORK IS INCLUDED INTO THE PAY ITEM. ITEM PGD-11 INCLUDES ALL LABOR, MATERIAL, AND EQUIPMENT FOR THE INSTALLATION OF THREE TYPE C INLETS. ALL STRUCTURE BOXES ARE LESS THAN 10 FEET IN DEPTH UNLESS OTHERWISE NOTED. Village of North Palm Beach ITB 2025-PW-02 Advertisement Date – June 6, 2025 Page | 42 SECTION 10 SOLICITATION SUMMARY The Village of North Palm Beach 645 Prosperity Farms Road North Palm Beach, FL 33408 SOLICITATION SUMMARY IMPORTANT NOTICE The information you provide on this page will be read aloud at the PUBLIC OPENING for this Solicitation. It is VERY IMPORTANT that the summary information you provide below is exactly the same information contained in your Bid. If subsequent to the opening of Bids, the Village determines that the information contained in the electronic version of your Bid is different from the information on this Solicitation Summary, the Village reserves the right to deem your Bid NON- RESPONSIVE, and remove your Bid from further evaluation and consideration for Contract award. BID INFORMATION Invitation To Bid: Due Date and Time: Name of Bidder: ___________________________________________________ Address: ___________________________________________________ Contact Person: ___________________________________________________ Bid Amount(s): ___________________________________________________ Authorized Signature: ___________________________________________________ Date: ___________________________________________________ By signing and submitting this Solicitation Summary, the Bidder affirms that the information provided above is an exact and correct summary of the information contained in the electronic version of the Bidder’s Bid to the Village of North Palm Beach. NOTE: This Solicitation Summary must be signed and included as an ORIGINAL HARDCOPY in the envelope containing your Bid. VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: August 14, 2025 SUBJECT: RESOLUTION – Approval of Third Amendment to Legal Services Agreement to increase the hourly rate. Through the adoption of Resolution No. 2006-62 on August 24, 2006, the Village Council approved a Legal Services Agreement with Leonard G. Rubin, P.A. and Glen J. Torcivia and Associates, P.A. (subsequently Torcivia, Donlon, & Goddeau, P.A.) to provide legal services to the Village as Village Attorney. Through the adoption of Resolution No. 2016-61 on September 22, 2016, the Village Council approved an Amendment to the Agreement to increase the hourly rate from $175.00 per hour to $195.00 per hour. The two law firms merged into the new firm of Torcivia, Donlon, Goddeau & Rubin, P.A., and through the adoption of Resolution No. 2020-82 on December 10, 2020, the Village Council approved the assignment of the Legal Services Agreement to the new firm. On September 23, 2021, through the adoption of Resolution No. 2021-83, the Village Council approved a Second Amendment to the Legal Services Agreement to increase the hourly rate from $195.00 to $232.00 per hour. As discussed with the Village Manager, the firm is requesting an increase in the hourly rate from $232.00 per hour to $250.00 per hour effective October 1, 2025. As set forth above, the Council last approved an increase to the hourly rate four years ago. The current hourly rates (and hourly rates effective October 1, 2025) paid by municipalities in northern Palm Beach County are as follows: Municipality Current Hourly Rate Hourly Rate Effective October 1, 2025 Jupiter $400.00 $400.00 Lake Park $300.00 $300.00 Palm Beach Gardens $281.35 $289.79 Tequesta $225.00 $250.00 Average: $301.59 $309.95 Juno Beach is not included in the above calculation because prior to the firm’s resignation, the firm was planning on seeking a significant increase, and the Town is currently seeking proposals from other law firms to provide legal services. Based on the proposals recently received by another municipality seeking legal services, it is anticipated that the new hourly rate will be in the range of $275.00 to $325.00 per hour. Including Juno Beach’s current hourly rate reduces the average from $301.59 to to $281.27. To avoid future significant increases, the firm also requests that the Village Council increase the hourly rate by three percent (3%) each subsequent fiscal year commencing October 1, 2026. This arrangement is currently in effect for the City of Palm Beach Gardens and other municipalities represented by the firm, including, but not limited to, the Town of Highland Beach, the Town of South Palm Beach, and the City of Lake Worth Beach. The firm sincerely appreciates the faith and trust of the Village Council and the members of Village Staff and looks forward to continuing its long-standing relationship with the Village of North Palm Beach. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving a Third Amendment to the Legal Services Agreement with Torcivia, Donlon, Goddeau & Rubin, P.A. to increase the hourly rate and provide for increases in future fiscal years and authorizing the Mayor and Village Clerk to execute the Third Amendment in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION NO. 2025-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO THE LEGAL SERVICES AGREEMENT WITH TORCIVIA, DONLON, GODDEAU & RUBIN, P.A. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE THIRD AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2006-62, the Village Council approved a Legal Services Agreement with Leonard G. Rubin, P.A. and Torcivia, Donlon & Goddeau, P.A. (f/k/a Law Office of Glen J. Torcivia and Associates, P.A.) for Village Attorney Services; and WHEREAS, through the adoption of Resolution No. 2016-61, the Village Council approved an Amendment to the Agreement to increase the hourly rate; and WHEREAS, through the adoption of Resolution No. 2020-82, the Village Council approved an assignment of the Legal Services Agreement to the newly merged firm of Torcivia, Donlon, Goddeau & Rubin, P.A.; and WHEREAS, through the adoption of Resolution No. 2021-83, the Village Council approved a Second Amendment to the Agreement to increase the hourly rate; and WHEREAS, the parties wish to again amend the Legal Services Agreement to increase the hourly rate and provide for future increases, and the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and incorporated herein. Section 2. The Village Council hereby approves a Third Amendment to the Legal Services Agreement with Torcivia, Donlon, Goddeau & Rubin, P.A., a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Third Amendment on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2025. (Village Seal) MAYOR Page 2 of 2 ATTEST: VILLAGE CLERK 1 THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT THIS THIRD AMENDMENT is made and entered into this ____ day of August, 2025 by and between the Village of North Palm Beach, a Florida municipal corporation (hereinafter “Village”) and Torcivia, Donlon, Goddeau & Rubin, P.A., a Florida corporation (hereinafter “Firm”). WHEREAS, on August 26, 2006, the Village entered into a Legal Services Agreement (“Agreement”) with the law firms of Leonard G. Rubin, P.A. and Glen J. Torcivia & Associates, P.A. (subsequently Torcivia, Donlon & Goddeau, P.A.) to provide legal services to the Village as Village Attorney; and WHEREAS, on September 22, 2016, the parties executed an Amendment to the Agreement to increase the hourly rate; and WHEREAS, effective January 1, 2021, the firms of Leonard G. Rubin, P.A. and Torcivia, Donlon & Goddeau, P.A. merged, and on December 10, 2020, the Village approved an Assignment of Legal Services to the Firm; and WHEREAS, on September 23, 2021, the parties executed a Second Amendment to the Agreement to increase the hourly rate; and WHEREAS, the parties wish to amend the Agreement to increase the hourly rate for services rendered by the Firm and provide for future increases. NOW, THEREFORE, in consideration of the mutual promises set forth in the Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Effective October 1, 20 25, Section 2 of the Agreemen t is hereby amended to increase the compensation for attorneys providing legal services to $250.00 per hour. For each subsequent Fiscal Year commencing October 1, 2026, the hourly rate shall increase by three percent (3%). 2. All other provisions of the A greement, to the extent not expressly modified herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the date set forth above. TORCIVIA, DONLON, GODDEAU & VILLAGE OF NORTH PALM BEACH RUBIN, P.A. By: ________________________________ By: ________________________________ Leonard G. Rubin Deborah Searcy, Mayor Shareholder Attest: Jessica Green, Village Clerk