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02-25-2021 VC-REG-A with attachments_REVISED VILLAGE OF NORTH PALM BEACH REGULAR SESSION REVISED AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, FEBRUARY 25, 2021 501 U.S. HIGHWAY 1 7:30 PM Susan Bickel Mark Mullinix David B. Norris Darryl C. Aubrey Deborah Searcy Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk In accordance with Palm Beach County Emergency Order Number 28, to the extent not in conflict with applicable laws, all individuals, businesses and establishments are required to adhere to all applicable social distancing guidelines issued by the Centers for Disease Control and Prevention ("CDC"). In order to reduce the spread of COVID-19, the CDC recommends that all persons continue to social distance by staying at least six feet away from other people who are not a part of their household in both indoor and outdoor spaces. Consequently, given the limited space within the Village Council Chambers, the Village of North Palm Beach shall utilize communications media technology to facilitate and encourage public participation in this meeting electronically, via internet access or telephone. The Village is physically reintroducing the public to its meetings while adhering to CDC guidelines. A limited number of members of the public – approximately 25 people -- will be able to participate in the Library’s Obert Room. Access to the Obert Room during the Council meeting will be on a first come, first served basis. INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: https://us02web.zoom.us/j/83052392795?pwd=U1Voc1czTi9JUTVwc25HRzIvS1d1QT09 Meeting ID: 830 5239 2795 Passcode: 905065 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 830 5239 2795 Passcode: 905065 Public Comments: Public comments can be submitted by filling out the public comment form that can be accessed by clicking the following link Public Comment Form. Public comments can also be made by leaving a voice message at 561-904-2126. All public comments will be read into the record at the Public Comment portion of the meeting. Regular Session Agenda, February 25, 2021 Page 2 of 3 ROLL CALL INVOCATION - VICE MAYOR PLEDGE OF ALLEGIANCE - MAYOR AWARDS AND RECOGNITION 1. Proclamation - Flood Awareness Week APPROVAL OF MINUTES 2. Minutes of the Regular Session held February 11, 2021 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 Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 3. 1ST READING OF ORDINANCE 2021- 04 – CODE AMENDMENT – THE SHOPPES AT CITY CENTRE COMMERCIAL PLANNED UNIT DEVELOPMENT Consider a motion to adopt on first reading Ordinance 2021-04 amending Ordinance 2010-22 creating the Shoppes at City Centre Commercial Planned Unit Development to grant an additional waiver for multi-tenant monument sign. 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. 4. RESOLUTION – Approving a Contract award to Ferreira Construction Southern Division Co. Inc. for Corsair Drive Drainage Improvements in an amount not to exceed $37,727.88; and authorizing execution of the Contract. 5. RESOLUTION – Strongly opposing legislation seeking to preempt the regulation of vacation rentals to the State. 6. Receive for file Minutes of the Police and Fire Pension Board meeting held 11/10/20. 7. Receive for file Minutes of the Police and Fire Pension Board special meeting held 12/8/20. 8. Receive for file Minutes of the Environmental Committee meeting held 1/11/21. 9. Receive for file Minutes of the Library Advisory Board meeting held 1/26/21. Regular Session Agenda, February 25, 2021 Page 3 of 3 OTHER VILLAGE BUSINESS MATTERS 10. RESOLUTION – LIGHTHOUSE DRIVE DRAINAGE REPAIR CONTRACT Awarding a contract to Hinterland Group, Inc. to repair the Drainage Pipe on Lighthouse Drive, between Eastwind Drive and US1, in the amount of $75,600. 11. RESOLUTION – IRRIGATION PUMP STATION FOR U.S. HIGHWAY ONE MEDIANS Consider a motion to adopt a resolution approving a Contract with Sullivan Electric & Pump, Inc. for the purchase and installation of a new independent electric irrigation pump station at a total cost of $29,495.94; and authorizing execution of the Contract. 12. RESOLUTION – IRRIGATION LINE INSTALLATION CONTRACT Consider a motion to adopt a proposed resolution accepting the Bid of Precision Landscape Company of Palm Beach County, Inc. for the installation of a new irrigation line at the North Palm Beach Country Club at a total cost of $55,600; and authorizing execution of the Contract. 13. RESOLUTION – MARKET ANALYSIS AND FINANCIAL FEASIBILITY STUDY FOR THE TWIN CITY MALL SITE INTERLOCAL AGREEMENT Consider a motion to adopt a resolution approving an Interlocal Agreement with the Treasure Coast Regional Planning Council for a Market Analysis and Financial Feasibility Study for the Twin City Mall Site in an amount not to exceed $48,170; and authorizing execution of the Agreement. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS 14. DISCUSSION – Advisory Boards and Committees REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) 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 FEBRUARY 11, 2021 Present: Susan Bickel., Mayor Mark Mullinix, Vice Mayor David B. Norris, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Deborah Searcy, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Bickel called the meeting to order at 7:30 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Mullinix gave the invocation and Mayor Bickel led the public in the Pledge. APPROVAL OF MINUTES Mayor Bickel asked that it be indicated in the minutes that she requested that Zoom chat comments be turned off for future Council meetings due to the fact that profanities were being used on the chat during the January 28th Council meeting. The Minutes of the Regular Session held January 28, 2021 were approved as amended. STATEMENTS FROM THE PUBLIC Chester Coles, 118 Easterly Road, expressed interest in forming a “Junior Council” for the Village. CONSENT AGENDA President Pro Tem Norris moved to approve the Consent Agenda. Councilmember Searcy seconded the motion which passed unanimously. The following items were approved: Receive for file Minutes of the General Employees Pension Board meeting held 11/3/20. Receive for file Minutes of the Recreation Advisory Board meeting held 12/8/20. Receive for file Minutes of the Planning Commission meeting held 1/5/21. Receive for file Minutes of the Recreation Advisory Board meeting held 1/12/21. Draft Minutes of Village Council Meeting held February 11, 2021 Page 2 of 4 MOTION – Partial Release of Retainage in the amount of $375,000 to the Weitz Company for the North Palm Beach Country Club Project. A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Norris to approve a Partial Release of Retainage in the amount of $375,000 to the Weitz Company for the North Palm Beach Country Club Project. Special Projects Director Chuck Huff gave an update on the work that was completed at the Country Club. Mr. Huff stated that there was one outstanding item for the Weitz Company to complete and the release of $375,000 was a partial release of the $458,042 retainage. A remainder of $83,042 would be retained in order to fix the faulty lights in the grand staircase and west side of the Grille Room at the Country Club. Thereafter the motion passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Vice Mayor Mullinix recommended installing fishing piers at Lakeside Park. Councilmember Searcy stated that she welcomed the idea of installing fishing piers at Lakeside Park, but was concerned that residents would be upset if it created more activity at the park. Vice Mayor Mullinix stated that most of the residents’ concerns were due to people parking in front of their houses in order to go to the park. Discussion ensued among Council regarding the installation of fishing piers at Lakeside Park and the possible issues that could arise. Council agreed to have future discussions on the subject. Mayor Bickel stated that Chester Coles gave a great presentation for his request on the possibility of forming a “Junior Council”. Discussion ensued between Council regarding the possibility of forming a “Junior Council”. Council agreed to have a future discussion on the subject. Councilmember Searcy asked Library Director Zak Sherman if there were community service hour opportunities for students. Mr. Sherman stated that there were opportunities for students to help out at the Library during the summer at the Library. Mayor Bickel stated that she has heard concerns from residents regarding fireworks in the Village and asked Council and Attorney Rubin if there were any ideas or ways to address those concerns. Attorney Rubin explained that nothing could be done unless the Village already had an ordinance in place prior to 2007 which was when the Florida Legislature preempted the regulation of the use of fireworks on certain holidays. Discussion ensued between Mr. Rubin, Council and Police Chief Jenkins regarding fireworks. Mayor Bickel recommended pushing out more public education regarding fireworks in the newsletter and on social media. Draft Minutes of Village Council Meeting held February 11, 2021 Page 3 of 4 MAYOR AND COUNCIL MATTERS/REPORTS continued Mayor Bickel asked Chief Jenkins to give an update on the incident where a child was struck by a vehicle in the Village and the resulting requests for a crosswalk. Chief Jenkins stated that Police Officer Hachigian was engaged with and has had discussions with the mother of the child who was struck and the person who had requested the crosswalk. They were informed on how to do a neighborhood petition. The circumstances surrounding the crash did not suggest that a crosswalk was necessary and it was determined that the person who was struck by the vehicle was at fault, but if residents want a crosswalk their input and request would be considered. VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik stated that there were issues that had recently arisen with the use of political signs within the Village. Mr. Lukasik explained that there was an issue of candidate signs exceeding the limit allowed on corner lots. The code permits one sign per candidate per parcel. It has been observed that corner lots were exceeding this limit. Mr. Lukasik stated that he was ready to enforce the code and remove the excessive signs but had received multiple requests from doing so until the candidates had a chance to discuss. Discussion ensued between Council and Mr. Rubin regarding temporary sign code and whether or not to permit two signs per candidate on corner lots. Mayor Bickel asked Candidate Colby Briggs and Candidate John Frerking to voice their opini on regarding permitting two signs per candidate on corner lots. Mr. Briggs and Mr. Frerking stated that they were okay with Council’s decision whether they allow two signs per candidate on corner lots or not. Mayor Bickel asked the three Councilmembers who were not candidates in the upcoming election to discuss and make the decision regarding the signs. Vice Mayor Mullinix, Councilmember Aubrey and Councilmember Searcy agreed to allow two signs per candidate on corner lots within the Village. Only one sign per candidate would be allowed on regular lots. Police Chief Richard Jenkins gave an Annual Police Report. Chief Jenkins reviewed and discussed the response time analysis, crime statistics and revenue generated by the Police Department over the past year. Mayor Bickel thanked Chief Jenkins and the Police Department for their service to the Village. Mayor Bickel opened public comment. Colby Briggs, 400 Oyster Road, asked if he could have until Monday to remove candidate signs from regular lots that have more than one sign per candidate. Council agreed to allow Mr. Briggs until Monday to take care of the excessive signs on certain properties in the Village. Draft Minutes of Village Council Meeting held February 11, 2021 Page 4 of 4 VILLAGE MANAGER MATTERS/REPORTS continued Jean Somerville, 728 Lagoon Drive, expressed his concerns regarding the time it has taken to investigate and retrieve DNA results for a burglary that took place at his residence. Mayor Bickel closed public comment. Mr. Lukasik distributed a handout to Council regarding proposed legislation to preempt vacation rental rules. Mr. Lukasik discussed and explained the handout and requested direction from Council on whether or not to implement a resolution supporting the Village’s stand on home rule with regards to proposed Senate Bill 522. Council directed Mr. Lukasik to bring forward a resolution for consideration. Mr. Lukasik stated that he was seeking direction regarding the paint colors of the Library and Village Hall. The Planning Commission had given their recommendations for proposed paint colors for the Library. Library Director Zak Sherman began a presentation regarding a proposed paint color for the Library. Mr. Sherman discussed the history and current conditions of the Library. Mr. Sherman stated that the proposed color of the Library was the same color as the Tennis building. Discussion ensued between Council regarding proposed colors for the Library and Village Hall. Council came to consensus to approve the proposed color of the Library which is the same color as the Tennis building and other Country Club facilities and to consider the same color for Village Hall and Public Safety Building when the time comes for those buildings to be painted. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:28 p.m. VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Community Development Director; Alex Ahrenholz, Principal Planner DATE: February 25, 2021 SUBJECT: Ordinance 1st Reading – Major Amendment to the City Centre Planned Unit Development to grant an additional waiver for a multi-tenant monument sign The Applicant, Signarama NPB, on behalf of the property owner, JB Shoppes LLLP, is requesting a major amendment to the City Centre Planned Unit Development (PUD) to add a waiver for an additional multi-tenant monument sign. Background: The development was constructed in 1999, and the Village Council approved the creation of the Planned Unit Development through the adoption of Ordinance No. 2010-22. At that time, the Village Council granted eight (8) waivers, including five (5) waivers relating to signage. One of the waivers allowed for an additional single-tenant monument sign along U.S. Highway One, as the Village Code only allows one monument sign. This waiver was required as there was also an existing multi-tenant monument sign on U.S. Highway One at the time of the PUD application. Waiver Request: The applicant is now requesting a waiver from Section 6-115(B)(6) of the Village Code of Ordinances to allow an additional multi-tenant monument sign where the existing single tenant sign is located. The existing sign was constructed in 2011 at the northern entrance to the site and has remained unutilized since then. Approval of this waiver will allow the sign to have four tenant spaces on the existing structure, rather than one. The first tenant on the sign will be Dollar Tree, as shown in the renderings, but the rest have yet to be determined. The sign meets all other dimensional and setback requirements of the Code. At its February 2, 2021 meeting, the Planning Commission unanimously recommended approval of the Applicant’s proposed PUD Amendment to allow a waiver to convert the existing single-tenant monument sign to a multi-tenant monument sign. There is no fiscal impact Recommendation: The Planning Commission recommends approval of the attached Ordinance amending Ordinance No. 2010-22 to grant an additional waiver to allow two-multi-tenant monument signs along U.S. Highway One at the City Center Planned Unit Development. Attachments: 1. Planning Commission Staff Report and Supporting Materials Page 1 of 2 ORDINANCE NO. 2021-04 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 2010-22 4 CREATING THE SHOPPES AT CITY CENTRE COMMERCIAL PLANNED 5 UNIT DEVELOPMENT TO GRANT AN ADDITIONAL WAIVER FOR A 6 MULTI-TENANT MONUMENT SIGN; PROVIDING FOR CONFLICTS; 7 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 8 DATE. 9 10 WHEREAS, through the adoption of Ordinance No. 2010-22 on December 9, 2010 (“PUD 11 Ordinance”), the Village Council created the Shoppes at City Centre Commercial Planned Unit 12 Development (“PUD”) in accordance with the plans and specifications submitted by the Applicant, 13 subject to the approved waivers to the Village’s land development regulations and the conditions 14 of approval imposed by the Village; and 15 16 WHEREAS, Section 8 of the PUD Ordinance provides that any additional waivers to the Village’s 17 land development regulations shall be treated as a major amendment to the PUD; and 18 19 WHEREAS, the Village Code only allows for a single multi-tenant monument sign, and the 20 Property Owner, through its agent, is requesting a major amendment to the PUD to add a waiver 21 for an additional multi-tenant monument sign in the location where a single tenant monument sign 22 currently exists; and 23 24 WHEREAS, the Planning Commission considered the waiver request at an advertised public 25 hearing and recommended approval to the Village Council; and 26 27 WHEREAS, the Village Council wishes to approve the additional waiver request and determines 28 that the adoption of this Ordinance is in the best interests of the residents and citizens of the Village 29 of North Palm Beach. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 32 OF NORTH PALM BEACH, FLORIDA as follows: 33 34 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 35 36 Section 2. The Village Council hereby amends Section 4 of the PUD Ordinance to grant the 37 following additional modification or waiver from the requirements of the Village’s land 38 development regulations: 39 40 I. Waiver from Section 6-115(B)(6) of the Village Code of Ordinances to allow an additional 41 multi-tenant monument sign (Monument Sign 2 depicted on the approved Site Plan). Code 42 allows for one ground sign depicting the name of the project and up to five tenants or 43 occupants. 44 45 Page 2 of 2 Section 3. The additional multi-tenant monument sign shall be constructed in accordance with 1 the plans prepared by Signarama dated September 23, 2020, which are incorporated herein by 2 reference. 3 4 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 5 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 6 such holding shall not affect the remainder of this Ordinance. 7 8 Section 5. All ordinances, resolutions or prior development permits or approvals relating to 9 the Property in conflict with the provisions of this Ordinance are hereby repealed to the extent of 10 such conflict. All other provisions not expressly modified shall remain in full force and effect. 11 12 Section 6. This Ordinance shall take effect immediately upon adoption. 13 14 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 15 16 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 17 ___________, 2021. 18 19 20 (Village Seal) 21 MAYOR 22 23 24 ATTEST: 25 26 27 VILLAGE CLERK 28 29 APPROVED AS TO FORM AND 30 LEGAL SUFFICIENCY: 31 32 33 VILLAGE ATTORNEY 34 VILLAGE-NPB.ORG 501 US Highway 1 | North Palm Beach, FL 33408 | Phone: 561-841-3380 ADMINISTRATIVE MEMORANDUM NO. 21-02 DATE: January 29, 2021 TO: Planning Commission THRU: Jeremy Hubsch, AICP, Community Development Director FROM: Alex Ahrenholz, AICP, Principal Planner RE: Shoppes at City Centre Monument Sign February 2, 2021 Meeting P&Z# 2020-2076 I. APPLICATION Location: 11201 US Highway 1, Approximately 0.2 miles south of PGA Blvd. PCN: 68-43-42-04-31-001-0000 Request: Application by Signarama NPB on behalf of JB Shoppes LLLP, requesting a Major PUD amendment for a multi-tenant monument sign. 2 II. SUMMARY OF REQUEST The Shoppes at City Centre was approved in 2010 with the rebranding of the plaza colors, installation of new building signage and monument signs along US Hwy 1. As part of the approval (ordinance 2010-22), the plaza was granted eight (8) waivers to the Village Code of Ordinances. The waivers are further described below: 1. Waiver from Section 6-115.C.1 of the Village Code of Ordinances to allow for two (2) additional monument signs on the property for the total of three (3) monument signs. Code allows for one (1) monument sign. 2. Waiver from Section 6-115.C.2 of the Village Code of Ordinances to allow tenant signs to be located twenty-one (21) feet above grade for the Major Tenant A and B. Code allows for signs to be placed eighteen (18) feet above ground. 3. Waiver from Section 6-115.C.2 of the Village Code of Ordinances to allow the shopping center identification sign to be located twenty-one (21) feet above grade. Code allows for signs to be placed eighteen (18) feet above grade. 4. Waiver from Section 6-115.C.1 of the Village Code of Ordinances to allow for fifty-seven (57) square feet of sign area for the main U.S. Highway One monument sign. Code allows for thirty -six (36) square feet of sign area. 5. Waiver from Section 6-115.C.1 of the Village Code of Ordinances to allow for up to six (6) nationally- registered tenants to use federally-registered signs and logos for their signage. Code does not address national tenant signage. 6. Waiver from Section 45-33 of the Village Code of Ordinances to allow for the secured outdoor display of kayaks and inflatable boats with motors during business hours in three locations (totaling 330 square feet) identified on the site plan. The Applicant may place one boat rack with three kayaks or inflatable boats in each location (for a total of nine-kayaks or inflatable boats). The maximum height of such displays shall be ten (10) feet. Code does not allow outdoor display in the zoning district. 7. Waiver from Section 45-33 of the Village Code of Ordinances to allow for the permitted use of a pharmacy with a drive-through in the area identified on the site plan. While a pharmacy is a permitted use within the zoning district, the Code does not address a pharmacy with a drive-through. 8. Waiver from Section 27-63 of the Village Code of Ordinances, which requires one tree per fifty (50) feet of linear frontage along a public right-of-way. Waiver is requested to allow for a wider project entrance to enhance accessibility to the Property. Waivers 1-5 address the signage in the plaza. Waivers 1 and 4 specifically address the monument signs along the frontages. One of the three approved monument signs was placed along Ellison Wilson Rd at the Northwest (NW) entrance. It was constructed, as approved, with the plaza name and two tenant names. The main entrance sign was constructed at fifty-seven (57) square feet as allowed in waiver 4. Four tenants are currently on the sign with the plaza name as approved. The final sign at the NE entrance was approved for one large tenant space. The sign never received a tenant and it sits empty today. The applicant has requested that the empty monument sign include four (4) tenant spaces since it has sat empty for so long. Village Code Section 6-115 B.6 allows for multi-tenant monument signs for commercial shopping centers over 5 acres. The code section states, “For commercial projects occupied by multiple retail or service establishments where the total area of the project, including outparcels, exceeds five (5) acres, a ground sign may, subject to planning commission review and approval of the sign design in accordance with the criteria set forth in this article, depict the name of the project and the names of up to five (5) tenants or occupants of the project.” Typically, each frontage allows only one (1) monument and that sign can include multiple tenants if it meets the criteria. Two monument signs have been approved along US Highway 1 through the waivers previously approved by Village Council though requires Planning Commission approval to allow multiple tenants. The request by the applicant is for a waiver from Section 6-115.B.6 of the Village Code of Ordinances, as an amendment to Ordinance 2010-22, to allow an additional multiple-tenant monument sign along U.S. Highway One. A copy of the requested sign change is included in the submittal documents. Dollar Tree is included on the sign face as they intend to file a permit immediately following approval of this application . Other tenants for the sign have yet to be determined. 3 According to the contractor, the existing monument sign is an aluminum panel with painted stucco to resemble concrete. Four (4) equal rectangles (15.5” x 62.5”) will be cut out of the panel with the central cross section reinforced to hold the corners of the signs . Four white aluminum panels will be inserted, matching the color of the existing columns. The “Dollar Tree” lettering will be visible through the cutout of the white to reveal an acrylic green panel behind it. The sign is currently equipped with internal LED lighting and will be able to shine through the lettering at night. The aluminum panels will be constructed with the Dollar Tree permit and will remain solid white until a tenant applies for a separate building permit. The address numbers will not be affected. The current Future Land Use (FLU) and current Zoning designations for the property are summarized in the table below. Future Land Use (FLU) Designation Zoning Designation Commercial C-S Shopping Commercial The following table summarizes the uses, FLU designations, and zoning districts of the surrounding properties: Existing Use FLU Zoning North City Centre (PBG) Commercial Mixed Use East Commercial Commercial C-NB Commercial Northlake Blvd South Commercial Commercial C-S (Commercial Shopping) West Residential (Unincorporated) Low-Residential (LR-3) RM III. APPLICABLE CODE OF ORDINANCES – STAFF REVIEW The application as proposed is consistent with the Village Code of Ordinances. The following table shows staff analysis for the proposed request. Code Section Required Proposed Comment/Analysis Sec. 6-115.C.1.b. Ground Sign 1 Monument Sign 3 Monument Signs* *Allowed through Waiver A in 2010-22 Max 36 SF at 10 ft. setback 33.6 SF at 10 ft. setback Maximum height: 8 ft. Height of 6 ft. IV. Sec. 21-3- Public Notice Requirements The Planning Commission and Village Council require this application to be presented during a public hearing; it is therefore subject to public noticing. The Community Development Department has received an affidavit for the installation of the three (3) required signs placed on every 500 linear feet of public right-of-way. On January 18th, 15 calendar days prior to the Planning Commission hearing, two (2) signs were posted along Ellison Wilson Rd. and one (1) sign was posted on US Highway 1 to. The Community Development Department also received an affidavit attesting to the mailing of a letter, provided by the Village, to all property owners within 500 feet of the subject site 10 days prior to the hearing. The Village has also posted a notice in the Palm Beach Post, in regards to this application, on January 26, 2021. V. Planned Unit Development Sec. 45-35.1.IV Action of the Planning Commission 4 A. After a study of an application for a planned unit development and the required public hearing, the planning commission shall make a recommendation to the village council to approve, approve as modified, or reject the application based upon the following standards: 1. The proposed use or uses shall be of such location, size and character as to be in harmony with the appropriate and orderly development of the zoning district in which situated and shall not be detrimental to the orderly development of adjacent zoning districts. 2. The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to streets giving access to it, shall be such that traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood nor conflict with the normal traffic of the neighborhood. In applying this standard, the commission shall consider, among other things: convenient routes for pedestrian traffic, particularly of children; the relationship of the proposed project to main traffic thoroughfares and to street and road intersections; and, the general character and intensity of the existing and potential development of the neighborhood. In addition, where appropriate, the commission shall determine that noise, vibration, odor, light, glare, heat, electromagnetic or radioactive radiation, or other external effects, from any source whatsoever which is connected with the proposed use, will not have a detrimental effect upon neighboring property or the neighboring area in general. 3. The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that they will not hinder or discourage the proper development and use of adjacent land and buildings nor impair the value thereof. 4. The standards of density and required open space in the proposed project are at least equal to those required by this ordinance in the zoning district in which the pr oposed project is to be located, except as may be permitted for key redevelopment sites through subsection 45-35.1.VIII 5. There shall be no uses within the proposed project which are not permitted uses in the zoning district in which the proposed project is to be located. Exception: mixed uses may be allowed if the existing zoning district usage is commercial. The mixed uses shall only be residential and mercantile or residential and business. B. The commission may recommend such changes or modifications in the proposed plan as are needed to achieve conformity to the standards as herein specified. The reasons for the changes or modifications shall be included in the recommendation. C. The commission shall not recommend the project unless it finds that all of the standards as herein specified have been met. If there are minor modifications to the provisions of this chapter, the commission may recommend its approval at the same time. It shall also, where it deems appropriate and necessary, recommend to the village council those conditions to be imposed upon the project, its operation, or both, that are needed to assure adherence to the aforesaid standards. VI. CONCLUSION & FINDING OF FACT In Staff’s analysis, the proposed application is consistent with the Appearance Code, and other zoning requirements. In reference to the required standards, the existing uses, density, height and site elements are not being amended that would have a detrimental effect on adjacent properties. Should the Planning Commission determine that the Applicant has met the necessary prerequisites for the granting of a waiver, staff recommends the Commission include the following conditions as a part of their order: 1. Obtain a sign permit for the scope of work as provided herein. ORDINANCE N02010-22AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH FLORIDA CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS SHOPPES AT CITY CENTRE ON APPROXIMATELY 1065ACRES OF REAL PROPERTY LOCATED WEST OF U SHIGHWAY ONE AND SOUTH OF PGA BOULEVARD FKANORTH PALM BEACH MARKETPLACE AS MORE PARTICULARLY DESCRIBED HEREIN PROVIDING FOR THE DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH THE PLANS SPECIFICATION WAIVERS AND CONDITIONS REFERENCED IN THIS ORDINANCE PROVIDING PROCEDURES FOR FUTURE MODIFICATIONS PROVIDING FOR CONFLICTS PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS CF02 Palm Beach III L PApplicant or Property Owner the owner of approximately 10 65acres of real property located at 11241 U SHighway One filed an application for approval of a Commercial Planned Unit Development pursuant to Section 45-35 1ofthe Village Code of Ordinances and WHEREAS the Village s PlanningCommission formerly approved a site plan for the Property which is currently platted and developed as acommercial shopping center and known as North Palm Marketplace and WHEREAS the Property is currently zoned C-1 Neighborhood Commercialand has afuture land use designation of Commercial and WHEREAS the Property Owner seeks to modify the approved site plan for the property by upgrading the architectural features reconfiguring and enhancing the entryway and revising and modernizing the approved signage program and WHEREAS the Village Council determines that the Planned Unit Development application is consistent with the Village s Comprehensive Planand meets each of the applicable requirements set forth in Section 45-35 1 oftheVillageCode of Ordinances and WHEREAS the Village Council wishes to approve the creation of the Planned Unit Development in accordance with the plans and specifications submitted by the Applicant subject to the approved modifications or waivers to the Village s land development regulationsand the conditions of approval imposed by the Village and WHEREAS the Village Council determines that approval of this Ordinance is in the best interests of the residents and citizens of the Village of North Palm Beach NOW THEREFORE BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH FLORIDA as follows Page 1of 5 Section 1 The foregoing recitals are ratified as true and correct and are incorporated herein Section 2 The Villa e Council hereb creates a commercial Planned Unit Develo mentgYp PUD to be know as the Shoppes at City Centre on approximately 1065 acres of real property located at 11241 US Highway One west of US Highway One and south of PGA Boulevazd as more particulazly described in Exhibit A attached hereto and incorporated herein by this reference Section 3 The Applicant shall develop the Shoppes at City Centre PUD in accordance with the following plans and specifications on file with the Villages Community Development Department A Site Plan prepared by Urban Design Kilday Studios dated November 8 2010 Sheet SP-1Site Plan B Landscape Plan prepared by Urban Design Kilday Studios dated November 82010 One 1 sheet C Building Elevations and Floor Plan prepared by Glidden Spina Partners dated September 23 2010 Sheets A-1 throughA-3 DShoppesat City Centre Master Sign Program Sign Criteria preparedby Urban Design Kilday Studios dated October 14 2010 four 4 pages E Building Elevation Color Identification Graphic prepared by Aida Color and Motion Magic Graphics undated One 1 sheet FMonument Sign Elevations and Colors prepared by Aida Color and Motion Magic Graphics undated One 1 sheet Section 4 In approving the Shoppes at City Centre PUD the Village Council hereby grants the following minor modifications or waivers from the requirements of the Village s land developmentregulations A Waiver from Section 6-115 c 1oftheVillageCode of Ordinances to allow for two 2 additional monument signs on the property for atotal of three 3 monument signs Code allows for one 1 monument sign B Waiver from Section 6-115 c 2 oftheVillageCodeof Ordinances to allow tenant signs tobe located twenty-one 21 feet above grade forMajor Tenant A and B Code allows for signs to be placed eighteen 18 feet above grade CWaiver from Section 6-115 c 2 of the Village CodeofOrdinancesto allow the shopping center identification sign to be located twenty-one 21 feet above grade Code allows forsigns to be placed eighteen 18 feet above grade Page 2 of 5 D Waiver from Section 6-115c 1of the Village Code of Ordinances toallow for fifty-seven 57 square feet of sign area for the main U SHighway One monument sign Code allows for thirty-six 36square feet ofsign area E Waiver from Section 6-111 of theVillage Code of Ordinances to allow for up to six 6 nationally-recognized tenants to usefederally-registered signs and logos fortheir signage Code does not address national tenant signage F Waiver from Section 45-33 of the Village Code ofOrdinances to allow for the secured outdoor display of kayaks and inflatable boats with motors during business hours in the three locations totaling 330 square feet identified on the Site Plan The Applicant may place one boat rack with three kayaks or inflatable boats in each location for atotal of nine kayaks or inflatable boats The maximum height of such displays shall beten 10 feet Code does not allow outdoor display within the zoning district G Waiver from Section 45-33 of the Village Code ofOrdinancesto allow for the permitted use ofa pharmacy with adrive-through in the area identified on the SitePlanWhile a pharmacy isapermitted use within the zoning district the Code does not address a pharmacy with adrive-through H Waiver from Section 27-63 of the VillageCode of Ordinances which requires onetree per fifty 50 feet of linear frontage along apublic right-of--way Waiver is requested to allow for a wider project entrancetoenhance accessibility to the Property Section 5 To the extent not modified in Section 4above the Applicant shall develop operate and maintain the Property in accordance with all Village Code requirements The Village Council s approval of the Shoppes at City Centre Planned Unit Development issubjectto the following additional conditions A Separate site improvement permits and applications shall be required for 1 paving grading drainage water and sewer improvements 2 site lighting 3 landscaping and 4 irrigation B Applicant shall coordinate and receive approval from the Florida Department of Transportation prior to closing any public sidewalks on U S Highway One for construction purposes C Prior to the issuance ofa Certificate of Occupancy for the buildings all roof top and ground mounted mechanical equipment shall be screened from view with materials approved by the Village D Any newly installed utility services and service revisions shall be located underground E Any outdoor seating for existing restaurants or future tenants shall comply with Section 45-36 Q of the Village Code of Ordinances Page 3of 5 F Any minor or major amendments to the Site Plan must comply with Section 45-351of the Village Code of Ordinances F The construction ofthe future pharmacy with drive-through referencedin Section 4 G aboveshall require a Site Plan Amendment in accordance with Article III of Chapter 6 of the Village Code of Ordinances The Applicant shall also be required to meet all applicable concurrency and permitting requirements for construction of the pharmacy with drive-through G Theoutdoor display of kayaks and inflatable boats during business hours referenced in Section 4F above shallat all times be maintained in a neat clean and orderly manner HThe Shoppes at City Centre PUD shall be unified under title as an indivisible building site and shall be considered as one parcel of land in that no portion of this parcel shall be separately sold transferred devised or assigned except in its entirety Should the Property Owner or its successor in interest wish to convey any portion ofthe PUD to a third party the Property Owner or its successor shall prior to making any such conveyance 1 subject the entire PUD to a unity of control in the form of a declaration of condominium or declaration of covenants restrictions and conditions requiring membership in a property owner s association and2 obtain the written approval of the unity of control from the Village of North Palm Beach The Property Owner shall file awritten declaration reflecting this requirement in the public records of Palm Beach County in a form approved by the Village Attorney In granting this approval the Village Council relied upon the oral and written representations of the Applicant both on the record and as part of this application process Any deviation from such representations shall be considered a violation ofthis Ordinance Section 6 The Applicant shall construct all of the improvements identified in the plans and specifications listed in Section 3 above within one 1 year of the effective date of this Ordinance The Village Council may grant one additional one 1year extension to this build-out date by resolution without the need toamend this Ordinance In the event the improvements are not completed within the specified timeframe the Property shall be governed by the existing North Palm Marketplace site plan approval Section 7 A violation of any ofthe requirements or conditions of this Ordinance shall be enforced in the same manner as aviolation of a Code provision or ordinance in accordance with Article IVof Chapter 2 of the Village Code of Ordinances Section 8 The Village Council may approve minor modifications to the Planned Unit Development by resolution without the necessity of review by the Planning Commission advertisement or public hearing The following modifications shall not beconsidered minor A Any increase in the total square footage or the footprint of any principal structure B An chan a in access to the Pro ert Y g pYPage4of 5 C Any variance to the C-1zoning regulations or additional waiver to the Village sland development regulations D Any increase in height to the buildings located onthe Property orE Any relocation ofparking areas resulting ina net reduction in the total number ofparking spaces Section 9Each of the conditions and requirements of this Ordinance shall be binding upon the Applicant and its successors ininterest or assigns and shall be deemed covenants running with the land The written declaration referenced in Section S Gabove shall include astatement that the Property shall be developed in accordance with the conditions and requirements of this Ordinance Section 10 If any section paragraph sentence clause phrase or word of this Ordinance isfor any reason held by a court of competent jurisdiction to be unconstitutional inoperative or void such holding shall not affect the remainder ofthis Ordinance Section 11 All ordinances resolutions or prior development permits or approvals relating to the Property inconflict with the provisions of this Ordinance are hereby repealed to the extent ofsuch conflict Section 12 This Ordinance shall take effect immediately upon adoption PLACED ON FIRST READING THIS 18th DAY OF NOVEMBER 2010 PLACED ON SECOND FINAL READING ANDPASSED THIS 9th DAY OF DECEMBER 2010 Village Seal ATTEST VILLAGE CLERK APPROVED ASTO FORM AND LEGAL SUFFICIENCY - VILLAGE ATTORNEY Page 5 of 5 VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Steven J. Hallock, Director of Public Works DATE: February 25, 2021 SUBJECT: RESOLUTION -- Approving a Contract with Ferreira Construction Southern Division Co. Inc. for Corsair Drive Drainage Improvements in the amount of $37,727.88. Village staff recommends Village Council approval of a contract with Ferreira Construction Southern Division Co. Inc. for Corsair Drive Drainage Improvements in the amount of $37,727.88. Background and Scope: The drainage system on Corsair Drive has historically been subject to flooding. Because of this, the Village Engineer provided construction plans to make appropriate repairs in April 2017. The work is limited to the removal and replacement of existing asphalt and curbs to direct stormwater into an existing catch basin. In addition to addressing flooding issues, staff will install a simple inlet filtration system to improve stormwater quality. This filter will catch materials before they enter the stormwater system and are discharged into open surface waters. The filters will have to be maintained periodically to keep them functioning appropriately. Cost Proposal: Village Staff is recommending completing this project using the pricing set forth in the City of Palm Beach Gardens’ existing Agreement for Miscellaneous Public Works Projects (ITB2020-124PS) with Ferreira Construction Southern Division Co. Inc. This Agreement was executed on November 6, 2020. Ferreira Construction has provided the Village with a proposal to complete the Corsair Drive Drainage Improvements for a total cost of $37,727.88. This proposal is based upon the pricing in the Palm Beach Gardens’ contract. The Village’s purchasing policies allow for the use of concurrent competitive purchasing utilizing other state and local government contracts and requires all purchases in excess of $25,000 and up to $50,000 be brought to the Village Council for approval on the consent agenda. Village staff is recommending inclusion of a contingency of 10% ($3,775) as well. The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Funding Source: Due to personnel savings realized during the 2020 fiscal year, the Village has increased the fund balance by $1.2 million. Due to the condition of segments of the Village’s storm water infrastructure, the Village Manager is recommending the use of $500,000 of this amount to address deficiencies in the storm water system. This funding source will allow the Village to repair known system failures until an anticipated storm water fee will generate a dedicated funding source for these repairs starting in the 2022 fiscal year. The project will be funded out of the General Fund and a budget amendment completed to reflect this change, if needed. Account Information: Fund Department Account Number Account Description Amount General Fund Public Works/ Streets & Grounds A7321-66215 Stormwater Drainage System $41,502.88 Recommendation: Village Staff requests Council approval of the attached Resolution approving a Contract with Ferreira Construction for Corsair Drive Drainage Improvements in the amount of $37,727.88 and establishing a contingency amount of $3,775.00, with funds expended from Account Number A7321-66215 (Streets & Grounds - Stormwater Drainage System), and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. RESOLUTION 2021-_____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO FERREIRA CONSTRUCTION SOUTHERN DIVISION CO. INC. FOR CORSAIR DRIVE DRAINAGE IMPROVEMENTS PURSUANT TO PRICING ESTABLISHED IN AN AGREEMENT FOR MISCELLANEOUS PUBLIC WORKS PROJECTS WITH THE CITY OF PALM BEACH GARDENS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village is in need of contractor to perform drainage improvements on Corsair Drive; and WHEREAS, Village Staff recommended that the Contract be awarded to Ferreira Construction Southern Division Co. Inc. pursuant to pricing established in an existing Agreement for Miscellaneous Public Works Projects (ITB2020-124PS) with the City of Palm Beach Gardens; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the citizens and residents of the Village of North Palm Beach. 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 a Contract with Ferreira Construction Southern Division Co. Inc. for Corsair Drive drainage improvements pursuant to pricing established in an existing Agreement for Miscellaneous Public Works Projects (ITB2020-124PS) with the City of Palm Beach Gardens and authorizes the Mayor and Village Clerk to execute the Contract on behalf of the Village, a copy of which is attached hereto and incorporated herein. The total cost of this Contract shall not exceed $37,727.88, with funds expended from Account No. A7321-66215 (Public Works/Streets & Grounds – Stormwater Drainage System). Including contingency, the total project budget shall be $41,502.88. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 6 CONTRACT This Contract is made as of this _______ day of ______________, 2021, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal corporation (hereinafter “VILLAGE”), and FERREIRA CONSTRUCTION SOUTHERN DIVISION CO. INC., 31 Tannery Road, Branchburg, New Jersey 08876, a New Jersey corporation authorized to do business in the State of Florida (hereinafter “CONTRACTOR”), whose F.E.I. Number is 22-3334957. RECITALS WHEREAS, the VILLAGE is in need of a contractor to perform drainage improvements on Corsair Drive; and WHEREAS, the City of Palm Beach Gardens, through its competitive selection process, awarded an Agreement for Miscellaneous Public Works Projects (ITB2020-124PS) (“PBG Contract”) to CONTRACTOR; and WHEREAS, the VILLAGE requested that CONTRACTOR provide the requested services based on the pricing established in the PBG Contract; and WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE desires to retain CONTRACTOR’s services by “piggy-backing” the PBG Contract, including all terms, conditions and pricing set forth therein. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. PBG Contract. The City of Palm Beach Gardens’ Agreement for Miscellaneous Public Works Projects (ITB2020-124PS) (“PBG Contract”) with CONTRACTOR, attached hereto as Exhibit “A,” is incorporated herein by reference. 3. CONTRACTOR’s Services and Time of Completion. A. In accordance with the terms and conditions of the PBG Contract and at the direction of the VILLAGE, CONTRACTOR shall perform the services in accordance with its Proposal dated February 9, 2021, a copy of which is attached hereto as Exhibit “B” and incorporated herein by reference. B. The total cost of such services shall not exceed $37,727.88. C. The services to be provided by CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to CONTRACTOR to proceed. Page 2 of 6 4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the following order of precedence: A. This Contract B. Exhibit “A” (PBG Contract) C. Exhibit “B” (CONTRACTOR’s Proposal) 5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3(B) above without prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s representative, indicating that goods and services have been provided and rendered in conformity with this Contract, and they then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed 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 CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all goods and services. 6. Term and Termination. A. This Contract shall be for the term as indicated in the PBG Contract. Extensions or renewals to the PBG Contract or any modification including new products, terms, or price changes to the PBG Contract shall be submitted by CONTRACTOR to the VILLAGE for approval. In the event the PBG Contract expires and no new contract is let by the PBG, VILLAGE reserves the right, upon written agreement with CONTRACTOR to renew this Contract under the same terms and conditions for an additional period of one (1) year. B. This Contract may be terminated by the VILLAGE, with or without cause, upon providing ten (10) days’ notice to CONTRACTOR. This Contract may be terminated by CONTRACTOR upon providing thirty (30) days’ notice to the VILLAGE. Upon any such termination, CONTRACTOR waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless CONTRACTOR is in breach of this Contract, the VILLAGE shall pay CONTRACTOR for work performed and accepted through the date of termination. 7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all insurance required under the PBG Contract, with the VILLAGE named as an additional insured. 8. Indemnification. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not Page 3 of 6 limited to, those caused by or arising out of any act, omission, negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. 9. Compliance with all Laws, Regulations and Ordinances. In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply with all applicable federal, state and local laws, regulations and ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida Building Code. 10. Warranty/Guaranty. Unless a longer period is stated in the PBG Contract, CONTRACTOR warrants that its goods and services provided under this Contract will be free of defects in materials and workmanship for a period of one (1) year following delivery and completion of those goods and services. 11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing services pursuant to this Contract for at least five (5) years after termination of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. 12. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties 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 Contract. C. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable Page 4 of 6 attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. D. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. E. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto . Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. G. 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 an unauthorized alien. 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(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. H. 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: 1. Keep and maintain public requires required by the VILLAGE to perform the service. 2. 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 Page 5 of 6 time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. 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. I. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract justifying termination. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. FERREIRA CONSTRUCTION SOUTHERN DIVISION CO. INC. By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH By: ________________________________ SUSAN BICKEL MAYOR ATTEST: BY:________________________________ VILLAGE CLERK Page 6 of 6 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY A. PALM BEACH velt CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised In a newspaper of general circulation, and copies are made available through Demand5tar, Public Purchase, the City's Purchasing webpage, Vendors List, and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Invitation to Bid TITLE: Miscellaneous Public Works Projects DATE ADVERTISED: 8/2/2020 WAS SOLICITATION OPENLY COMPETED? Yes CONTRACT NO.: ITB2020-124PS DEPARTMENT: Parks and Public Facilities BIDS/PROPOSALS DUE DATE: 8/28/ 2020 RESPONSES RECEIVED: 13 FUNDING ACCOUNT INFORMATION: PROJECT COST: $10,000,000 (for 5 years) Funded from various account allocations in Budget. TOTAL CONTRACT VALUE: $10,000, 000 CONTRACT TERM: 1 5 Years Ten Million Dollars OPTIONS TO RENEW: I None VENDOR(S): D.S. EAKINS CONSTR. CORP.; DEEVAN; FERREIRA CONSTRUCTION; FLYING SCOT, HEAVY CIVIL; HINTERLAND GROUP; JW CHEATHAM; MURRAY LOGAN CONST; R&D PAVING; RANGER CONSTRUCTION; SOUTH FLORIDA BUILDING; AND WAYPOINT CONTRACTING. BACKGROUND: Each year the City has several construction projects that must be performed to repair and/or maintain infrastructure in addition to its ongoing Capital Improvement Program. This Agreement allows the City to contract at established rates for these miscellaneous public works construction projects. The prices and rates are fixed for the five-year term of the Agreement. Examples of the types of work contemplated include sidewalk repairs, stormwater pipe installation and repairs, road construction, striping of roadways, and Capital Improvement Projects as needed. COMMENTS: Awards are being made to primary and secondary vendors, based on the lowest price offered per item. All thirteen vendors were deemed responsive and responsible, and were assigned primary or secondary vendor status for one or more items. The vendors are well-known in the construction and infrastructure repair business, and the City has worked with them in the past on various projects. NAME SIGNATURE DATE Community Services Administrator David Reyes City Engineer Todd Engle J Purchasing & Contracts Director Km! Ra O 'z Finance Administrator Allan Owens aA n o1 V Deputy City Manager Stephen Stepp Z Z — ZOZD City Attorney LASERFICHE DATA: R. Max Lohman O Z O Effective Date: 101112020 Expiration Date: 9/30/2025 Append to Existing: Not applicable PROPOSED CITY C• 11/5/2020 APPROVED ER CIA DESIGNEE NOT APPROVED DEFERRED l6/ a(q/,mv DATE PALM B EAC H City of Palm Beach Gardens Office of the City Clerk 10500 North Military Trail Palm Beach Gardens, FL 33410 561) 799-4122 psnider a- pbgfl.com Letter of Transmittal DATE: November 6, 2020 TO: Ferreira Construction Southern Division Co., Inc. 31 Tannery Road Branchburg, NJ 08876 Attn: John Ciabattari, Vice President Re: Agreement for Miscellaneous Public Works Proiects QTor Your Records lO As Requested C] For Review and Signature is Snider; CMC, City Clerk O For Recording 0 Returned for Corrections 0 Other: DocuSign Envelope ID: 2AO3C344-EFAF-4FO8-8AF8-0532FF2FFOE6 Ali_ PALM BEACH 00, 6vall_4 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 AGREEMENT FOR MISCELLANEOUS PUBLIC WORKS PROJECTS AGREEMENT NO. ITB2020-124PS (C) THIS AGREEMENT is made and entered into this 15170 day of O fove,MB C , 2020 (the "effective date") by and between the City of Palm Beach Gardens, a Florida municipal corporation (the "City"), located at 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Ferreira Construction Southern Division Co. Inc., a New Jersey corporation (the "Contractor'), located at 31 Tannery Road, Branchburg, New Jersey 08876, with a local address of 13000 SE Flora Avenue, Hobe Sound, Florida 33455. WHEREAS, the City desires to retain the services of the Contractor to perform Miscellaneous Public Works Projects in accordance with the City's Invitation to Bid No. ITB2020-124PS, and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. ITB2020-124PS and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. SCOPE OF WORK The Contractor shall perform miscellaneous public works projects, on an as -needed basis as identified in the specifications accompanying the City's Invitation to Bid, and such work projects shall be under the category and items awarded to the Contractor, as detailed in the Award Summary, attached hereto and incorporated herein as Exhibit "A." Page 11 of 8 DocuSign Envelope ID: 2A03C344-EFAF4F08-8AF8-0532FF2FFOE6 City of Palm Beach Gardens Agreement No. ITB2020-124PS (C) Miscellaneous Public Works Projects Nothing in this Agreement shall be construed as the City's guarantee of work to the Contractor during the term of this Agreement. The City shall assign work based on its needs and priorities. The City shall first solicit price quotations from the designated Primary Vendor based on the awarded rates as shown in attached Exhibit "A." Where more than one bidder is designated as Primary or Secondary Vendors, the City shall request best and final offers from both vendors at the time price quotations are solicited for a specific project. ARTICLE 3. PAYMENTS AND CONTRACT VALUE The City shall pay the Contractor for work that has been completed and has been reviewed, inspected, and accepted by the City, according to the terms and conditions of the Invitation to Bid. The City shall pay the Contractor based on the rates established in this Agreement and as described on the subsequent City Purchase Order. The Contractor shall not commence any work under this Agreement until a City Purchase Order has been issued for the specific work project, and the Contractor has received written notice from the City to proceed with the work. The estimated value of this Agreement for all work projects during the five- (5) year term shall be Ten Million Dollars ($10,000,000) and as may be amended and increased by the City at its sole discretion. Progress payments shall be made for work completed by the Contractor, and reviewed, inspected, and accepted by the City. All payments shall be made in accordance with the Florida Prompt Payment Act, Section 218.74, Florida Statutes, on the presentation of a proper invoice by the Contractor. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or sent by overnight delivery service to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Email: rferris(o)-pbgfl.com Page 12 of 8 DocuSign Envelope ID: 2AO3C344-EFAF4FO8-8AF8-0532FF2FFOE6 City of Palm Beach Gardens Agreement No. ITB2020-124PS (C) Miscellaneous Public Works Projects With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: mlohman(a-)pbgfl.com As to the Contractor: Ferreira Construction Southern Division Co. Inc. 31 Tannery Road Branchburg, New Jersey 08876 Attn: John Ciabattari, Vice President Email: iiabattari(ab-ferreiraconstruction.com b. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Bindinq Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. d. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. e. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue for all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. g. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. Page 13 of 8 DocuSign Envelope ID: 2A03C344-EFAF-4F08-8AF8-0532FF2FFOE6 City of Palm Beach Gardens Agreement No. ITB2020-124PS (C) Miscellaneous Public Works Projects h. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. Attorney's Fees and Costs. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce the terms, conditions, and/or obligations set forth in this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, each party shall be responsible for its own attorney's fees and costs, including fees and costs on appeal. Equal Opportunity. The City and the Contractor agree that no person shall be discriminated against in the performance of this Agreement on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age. ARTICLE 5. TERM The term of this Agreement shall be from January 1, 2021, through December 31, 2025, until the Contractor has completed all elements of work, and the work has been reviewed, inspected, and accepted by the City, inclusive of all warranty periods, unless terminated beforehand as provided for in Article 6. ARTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing thirty (30) days' prior written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for work performed and accepted through the date of termination in accordance with the terms of this Agreement. Page 14 of 8 DocuSign Envelope ID: 2A03C344-EFAF-4F08-8AF8-0532FF2FFOE6 City of Palm Beach Gardens Agreement No. ITB2020-124PS (C) Miscellaneous Public Works Projects h :719 MI M_K A2tW_11911Eel WXK41V0 R The City reserves the right to require the Contractor to submit to an audit by an auditor of the City' s choosing. Subject to reasonable advance notice, the Contractor shall provide, at its place of business during regular business hours, access to all of its records that relate directly or indirectly to this Agreement. The Contractor shall retain all records pertaining to this Agreement, and upon request make them available to the City for five 5) years following expiration of this Agreement. The Contractor agrees to provide such assistance as may be necessary to facilitate the review or audit by the City to ensure compliance with applicable accounting and financial standards. ARTICLE 8. OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General that is authorized and empowered to review past, present, and proposed City programs, contracts, transactions, accounts, and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The IG may, on a random basis, perform audits on all City agreements. ARTICLE 9. PUBLIC RECORDS Pursuant to Chapter 119, Florida Statutes, the Contractor shall comply with the public records law by keeping and maintaining public records required by the City of Palm Beach Gardens in order to perform the service. Upon request from the City's custodian of public records, the Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Contractor shall 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 this Agreement term and following completion of this Agreement. Upon completion of this Agreement, the Contractor shall transfer to the City, at no cost, all public records in possession of the Contractor or keep and maintain public records required by the City of Palm Beach Gardens in order to perform the service. If the Contractor transfers all public records to the City upon completion of this Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of this Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City of Palm Beach Gardens, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City of Palm Beach Gardens, Page 15 of 8 DocuSign Envelope ID: 2AO3C344-EFAF-4F08-8AF8-0532FF2FFOE6 City of Palm Beach Gardens Agreement No. ITB2020-124PS (C) Miscellaneous Public Works Projects 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE OFFICE OF THE CITY CLERK LOCATED AT 10500 NORTH MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410, PHONE NUMBER (561) 799-4122, EMAIL ADDRESS: PSNIDER(a)_PBGFL.COM. ARTICLE 10. SUPERIORITY OF OTHER FORMS OR DOCUMENTS If the City is required by the Contractor to complete and execute any other forms or documents in relation to this Agreement, the terms, conditions, and requirements in this Agreement shall take precedence to any and all conflicting or modifying terms, conditions, or requirements of the Contractor's forms or documents. Additionally, in the event of a conflict between the terms and conditions set forth in this Agreement and any attachments or exhibits hereto, the terms and conditions set forth herein shall prevail. ARTICLE 11. LICENSES, PERMITS, AND FEES The Contractor 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 to be performed. Damages, penalties, and/or fines imposed on the City or the Contractor for failure to obtain and maintain required licenses, certifications, permits, and/or inspections shall be borne by the Contractor. ARTICLE 12. FORCE MAJEURE The City and the Contractor are excused from the performance of their respective obligations under this Agreement 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, pandemics, 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. Page 16 of 8 DocuSign Envelope ID: 2AO3C344-EFAF-4FO8-8AF8-0532FF2FFOE6 City of Palm Beach Gardens Agreement No. ITB2020-124PS (C) Miscellaneous Public Works Projects 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 for a period in excess of two (2) months, provided that in extenuating circumstances the City may excuse performance for a longer term. Economic hardship of the Contractor shall not constitute a force majeure. The term of the Agreement shall be extended by a period equal to that during which either party's performance is suspended under this section. The remainder of this page is intentionally left blank.) Page 17 of 8 DocuSign Envelope ID: 2A03C344-EFAF-4F08-8AF8-0532FF2FFOE6 City of Palm Beach Gardens Agreement No. ITB2020-124PS (C) Miscellaneous Public Works Projects IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date hereinabove first written. NEST: By. - Patricia Snider, CMC, ity Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max ohman, City Attorney CITY OF PALM ACH GARDENS, FLORIDA B. Y arl W. Woods, Mayor FERREIRA CONSTRUCTION SOUTHERN DIVISION CO. INC. DxuSiynedby: aL4ri By: 918EF9FCA249482_. John Ciabattari, Vice President Shared Documents/AGREEMENTS/Misc PW Proj ITB/2020/Ferreira Const So Div-Misc PW Projects-ITB2020-124PS(C)Agmt.docx Page 18 of 8 City of Palm Beach Gardens Agreement No. ITB2020-124PS (C) Miscellaneous Public Works Projects EXHIBIT "A" City of Palm Beach Gardens, Florida L Bid Tabulation ITB No.: ITB2020-124PS A Bid Title: Miscellaneous Public Works Projects BEACH ,rALM eid Opening Date: August 28, 2020 @ 3:00 P.M. AC Prepared by: k_I R,c VENDOR NAME D.S. EAKINS CONST CORP DEEVAN, INC. FERREIRA CONSTRUCTION FLYING SCOT FOSTER MARINE CONT HEAVY CIVIL, INC. HINTERLAND GROUP JW CHEATHAM, LLC MURRAY LOGAN CONST R& D PAVING, LLC RANGER CONSTRUCTION SOUTH FLORIDA BUILDING WAYPOINT CONTRACTING Vendor FEIN 59-1691997 65-0101816 22-333495 65-1070173 59-1054370 46-5439171 20-5156844 20-1928479 59-1208353 45-4469049 59-2098662 47-3298344 81-4602789 Corporation Address (State): Lake Park, FL Lake Park, FL Branchburg, NJ Wellington, FL Wellington, FL Pompano Beach, FL Riviera Beach, FL West Palm Beach, FL West Palm Beach, FL West Palm Beach, FL West Palm Beach, FL Hobe Sound, FL Donal, FL Are Submittal Forms Complete? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Addenda Acknowledged (Yes/No): Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Vendor Contact D. Steven Eakins, Jr. Van C.Williams John Ciabattari Shawn Cunningham R. Howard Wight Todd Kneisel Chase Rogers Thomas Uhrig Edward OLeary Nancy G. Rosso F. Scott Fowler Stephen Zippi Katrina Gonzalez Vendor Contact Phone Number 561. 842.0001 561.844.5518 772.286.5123 561. 966.0089 561.683.0034 954.597.6443 561.640.3503 561. 471.4100 561.686.3948 561.588.6681 561. 793.9400 561. 510.3800 786. 608.1406 Vendor Contact Email steve@dseakins.com lackie(@deevaninc.com ciabattari@ferreiraconstruction.com shawn@flvingscotinc.com howard(@foster-marine.net ruciv@heawcivilinc.com info@hinterlanderoun.com iwctom@Iwcheatham.com edo@murravlogan.com ancv@randdoaving.com estimating@ rangerconstructicm. steveir@bdimarineandsite.com kgonzalez@wavpointci.com N0. DESCRIPTION UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNITPRICE UNIT UNITPRICE UNIT U.-PRICE UNIT UNIT PRICE SCHEDULE OF VALUES JML AREAS OF SPECIFIC WORK 1 Removal, saw cut, and disposal of 4"thick concrete SF 3.00 SF NO BID SF 2.20 SF 1.75 SF 3.00 SF 1.95 SF 4.00 SF 3.00 SF 6.50 SF 4.50 SF 3.90 SF 3.00 SF 3.70 2 Removal, saw cut, and disposal of 6" thick concrete SF 4.00 SF NO BID SF 2.20 SF 225 SF 3.50 SF 2.15 SF 5.00 SF 4.00 SF 7.00 SF 5.00 SF 3.90 SF 3.50 SF 4.50 3 F&1,4" concrete with wire SF 5.75 SF NO BID SF 5.56 SF 3.00 SF 5.00 SF 3.50 SF 6.50 SF 5.00 SF 8.00 SF 7.50 SF NO BID SF 4.75 SF 6.20 4 F&1,4" concrete without wire SF 5.50 SF NO BID SF 5.12 SF 3.00 SF 4.75 SF 3.30 SF 6.00 SF 4.50 SF 7.50 SF 7.00 SF NO BID SF 4.25 SF 5. 50 5 F&1,4" concrete with polypropylene fiber mix reinforce SF 5.75 SF NO BID SF 5.61 SF 3.00 SF 5.50 SF 3.50 SF 6.50 SF 5.00 SF 8.50 SF 7.50 SF NO BID SF 5.25 SF 6.15 6 F&1,6" concrete with polypropylene fiber mix reinforce SF 6.75 SF NOBID SF 6.42 SF 4.00 SF 6.50 SF 4.75 SF 7.50 SF 6.00 SF 9.50 SF 8.00 SF NO BID 5F 6.00 SF 7.00 7 F&1,6" concrete with wire SF 6.75 SF NO BID SF 5.86 SF 4.00 SF 5.50 SF 4.50 SF 7.50 SF 6.00 SF 9.00 SF 9.00 SF NO BID SF 6.25 SF 7.25 8 F&1,6" concrete without wire SF 6.50 SF NO BID SF 5.61 SF 4.00 SF 5.25 SF 4.20 SF 7.00 SF 5.50 SF 8.50 SF 8.50 SF NO BID SF 6.00 SF 6.55 9 F&I, 6" pervious concrete SF 12.00 SF NO BID SF 10.51 SF NO BID SF 9.00 SF 7.00 SF 20.00 SF 9.00 SF 13.00 SF 30. 00 SF NO BID SF 7.50 SF 10.50 10 F&1,4" stamped concrete with wire SF 11.50 SF NOBID SF 8.01 SF 5.00 SF 12.50 SF 5.15 SF 12.00 SF 11.00 SF 16.00 SF 13.00 SF NO BID SF 8.00 SF 13.75 11 F&1,4" stamped concrete without wire SF 11.00 SF NOBID SF 8.73 SF 5.00 SF 12.75 SF 4.70 SF 11.50 SF 10.00 SF 14.50 SF 12.00 SF NO BID SF 8.25 SF 14.25 12 F&1,6" stamped concrete with wire SF 13.50 SF NOBID SF 9.24 SF 6.00 SF 14.00 SF 6.00 SF 12.00 SF 12.00 SF 17.50 SF 15.00 SF NO BID SF 9.25 SF 16.00 13 F&1,6" stamped concrete with wire SF 13.00 SF NOBID SF 8.97 SF 6.00 SF 13.75 SF 5.50 SF 11.50 SF 11.00 SF 17.00 SF 14.00 SF NO BID SF 9.00 SF 1.75 14 F&I,8" pervious concrete SF 12.00 SF NO BID SF 12.35 SF NO BID SF 12.00 SF 11.20 SF 25.00 SF 12.00 SF 20.00 SF 35. 00 SF NO BID SF 11.00 SF 16.00 15 F&I, FOOT concrete bumperguard EA 60.00 EA NO BID EA 77.70 EA NO BID EA 60.00 EA 40.00 EA 65.00 EA 35.00 EA 45,00 EA 60.00 EA NO BID EA 39.00 EA 75.00 16 F&I, ADA-compliant detectable surface SF 45.00 SF NO BID SF 48.51 SF SF 50.00 SF 25. 00 SF 45.00 SF 35.00 SF 18.00 SF 40.00 SF NO BID SF 24.00 SF 45.00 17 F&I,ADA-compliant welded aluminum handrail LF 125.00 LF NOBID LF NO BID LF 100,00 LF 150.00 LF 80.00 LF 125.00 LF 250.00 LF 90.00 LF 200.00 LF NO BID LF 40.00 LF 105.00 18 F&I, FOOT Type"A"curb - by hand LF 30.00 LF NOBID LF 24.73 LF 14.00 LF 30.00 LF 22.00 LF 35.00 LF 25.00 LF 38.00 LF 40.00 LF NOBID LF 23,00 LF 34.00 19 F&I, FOOT Type"A"curb - by machine LF 30.00 LF NOBID LF 17.38 LF NO BID LF 25.00 LF 22.00 LF 35. 00 LF 22.00 LF 38.00 LF 40. 00 LF NO BID LF 26. 00 LF 32. 00 20 F&I, FDOTType"B"curb - by hand LF 30.00 LF NOBID LF 25.34 LF 14.00 LF 30.00 LF 22.00 LF 35.00 LF 25.00 LF 38.00 LF 40.00 LF NO BID LF 25.00 LF 32.00 21 F&I, FDOTType"B"curb - by machine LF 30.00 LF NOBID LF 17. 38 LF NO BID LF 25.00 LF 22.00 LF 35.00 LF 22.00 LF 38.00 LF 40.00 LF NO BID LF 26.00 LF 31.00 22 F&I, FDOTType"D"curb - by hand LF 25.00 LF NO BID LF 24.73 LF 16.00 LF 25.00 LF 20.00 LF 35.00 LF 25.00 LF 38.00 LF 30.00 LF NO BID LF 24.00 LF 34.00 23 F&I, FDOTType"D"curb - by machine LF 22.50 LF NO BID LF 17. 38 LF NO BID LF 22.00 LF 20.00 LF 35.00 LF 22.00 LF 38.00 LF 22.00 LF NO BID LF 27.00 LF 33.00 24 F&I, FDOTType"E"curb - by hand LF 30.00 LF NO BID LF 17. 38 LF 16.00 LF 30.00 LF 22. 00 LF 35.00 LF 26.00 LF 38.00 LF 40. 00 LF NO BID LF 25.00 LF 34. 50 25 F&I, FDOTType"E"curb - by machine LF 30.00 LF NO BID LF 17. 38 LF NO BID LF 25.00 LF 22.00 LF 35.00 LF 24.00 LF 38.00 LF 40.00 LF NO BID LF 28.00 LF 34.30 26 F&I, FDOTType"F"curb - by hand LF 25.00 LF NO BID LF 28,40 LF 18.00 LF 30.00 LF 22.00 LF 35.00 LF 26.00 LF 38.00 LF 35.00 LF NO BID LF 25.00 LF 37.50 27 F&I, FDOTType"F"curb - by machine LF 25.00 LF NO BID LF 17.99 LF NO BID LF 25.00 LF 22.00 LF 35.00 LF 24.00 LF 38.00 LF 35.00 LF NO BID LF 28.00 LF 35.00 28 F&I, FOOT Valley Gutter - by hand LF 25.00 LF NO BID LF 25, 34 LF 18.00 LF 30.00 LF 20.00 LF 30.00 LF 22.00 LF 38.00 LF 32.00 LF NO BID LF 24.00 LF 38.00 29 F&I, FOOT valley Gutter - by machine LF 25.00 LF NO BID LF 17. 38 LF NO BID LF 25.00 LF 18.00 LF 30.00 LF 20.00 LF 38.00 LF 32.00 LF NO BID LF 26. 00 LF 37.25 30 F&I, FOOT Shoulder Gutter - by hand LF 35.00 LF NO BID LF 30.85 LF 18.00 LF 30.00 LF 28.00 LF 30.00 LF 32.00 LF 38.00 LF 40.00 LF NO BID LF 32.00 LF 40.00 31 F&I, FOOT Shoulder Gutter - by machine LF 30.00 LF NO BID LF 22.89 LF NO BID LF 25.00 LF 28.00 LF 30.00 LF 30.00 LF 38.00 LF 40.00 LF NO BID LF LF 39.00 32 F&I, FOOT asphaltic concrete curb LF 30.00 LF NO BID LF 24.73 LF NO BID LF 25.00 LF 22.00 LF 30.00 LF 25.00 LF 40.00 LF 22.00 LF 25.00 LF 22.00 LF 30.00 33 F&I, conduit - 2" (18" - 24" depth) LF 11.50 LF NO BID LF 7.98 LF NO BID LF 11.00 LF 17.00 LF 12.00 LF 6.00 LF 11.00 LF 8,80 LF 19.55 LF 9.00 LF 12.00 34 Installation only of conduit - 2" (18" - 24" depth) LF 10.00 LF NO BID LF 3.39 LF NO BID LF 10.00 LF 15.00 LF 10.00 LF 5.00 LF 10.00 LF 3.75 LF 17. 05 LF 5.00 LF 18.00 35 F&I, conduit - 4" (18" - 24" depth) LF 14.50 LF NOBID LF 9.00 LF NO BID LF 14.00 LF 31.00 LF 15.00 LF 10.00 LF 14.00 LF 9.90 LF 37.00 LF LF 18.00 36 F&I, conduit - 6" (18" - 24" depth) LF 16.50 LF NOBID LF 9.00 LF NO BID LF 16.00 LF 42.00 LF 18.00 LF 16.00 LF 17.00 LF 9.90 LF 48.00 LF 11.50 LF 24.00 37 F&I, conduit - 2" (24" - 36" depth) LF 13.50 LF NO BID LF 7.03 LF NO BID LF 20.00 LF 19.00 LF 14.00 LF 8.00 LF 12.00 LF 7.75 LF 21.45 LF 9.50 LF 12. 10 38 Installation only of conduit - 2" (24" - 36" depth) LF 12.00 LF NO BID LF 2.45 LF NO BID LF 16.00 LF 17.00 LF 12.00 LF 7.00 LF 11.00 LF 2.70 LF 19.55 LF 5.00 LF 8.05 39 F&I, conduit - 4" (24" - 36" depth) LF 16.50 LF NO BID LF 9.00 LF NO BID LF 18.00 LF 32.00 LF 16.00 LF 12.00 LF 15.00 LF 9.90 LF 38.00 LF 12.00 LF 24. 00 40 F&I, conduit - 6" (24" - 36" depth) LF 18.50 LF NOBID LF 9.00 LF NO BID LF 20.00 LF 43.00 LF 18.00 LF 17.00 LF 15.00 LF 9.90 LF 50.00 LF 13.00 LF 35.00 41 F&I, 2' x 2' pull boxes (includes weeps and ground rods) EA 1,500.00 EA NOBID EA 2,419.70 EA NO BID EA 850.00 EA 1,650.00 EA EA 700.00 EA 600.00 EA 2,662.00 EA 1,890.00 EA 425.00 EA 820.00 42 Installation 2'x 2' pull boxes EA 800.00 EA NOBID EA 1,194.54 EA NO BID EA 500.00 EA 1,350.00 EA 400.00 EA 550.00 EA 500.00 EA 1,314.00 EA 1,510.00 EA 400.00 EA 525.00 43 F&I, pull wire within conduit LF 4.00 LF NO BID LF 3.06 LF NO BID LF 6.00 LF 6.50 LF 3.00 LF 1.00 LF 10.00 LF 3.40 LF 7.25 LF 1.30 LF 10.50 44 F&I, tracing wire within conduit(#12 Cu) LF 4.00 LF NO BID LF 2. 02 LF NO BID LF 4.00 LF 2.00 LF 2.00 LF 1.50 LF 5.00 LF 2.25 LF 2.20 LF 1.55 LF 8.00 45 Supply, place and compact clean fill CY 11.00 CV NOBID CY 24.90 CY 30.00 CY 14.00 CY 13.40 CY 20.00 CY 20.00 BY 16,00 CY 16.00 CY 20.85 CV 17,00 CV 28.00 46 F&I, natural stone riprap w/filter fabric TN 120.00 TN NOBID TN 114.33 TN NO BID TN 175.00 TN 110.00 TN 120.00 TN 110.00 TN 100.00 TN 110.00 TN 180.00 TN 75.00 TN 215.00 47 F&I, broken concrete riprap w/filter fabric TN 100.00 TN NOBID TN NO BID TN NO BID TN 150.00 TN 100.00 TN 85.00 TN 100.00 TN 100.00 TN 100.00 TN 110.00 TN 55.00 TN 145.00 48 Supply and install sand -cement riprap w/filter fabric CY 800.00 CV NOBID By 728.17 CY NO BID CV 600.00 CY 560.00 CV 600.00 CY 660.00 BY 1,000.00 CV 660.00 CY 690.00 CV 425.00 CY 750.00 49 Special saw cuts for pavement and concrete LF 2.00 LF NO BID LF 2. 67 LF 5.00 LF 3.00 LF 2.00 LF 2.00 LF 10.00 LF 8.00 LF 5.00 LF 3.15 LF 2.00 LF 3.00 50 Removal and disposal of existing driveway culvert pipe LF 10.00 LF NOBID LF 83.00 LF NO BID LF 25.00 LF 10.00 LF 15,00 LF 50.00 LF 40.00 LF 140.00 LF 130.00 LF 10.00 LF 57.00 51 F&I, Bahia sod - up to 1,000 SF SF 1.50 SF NOBID SF 0.98 SF 1.15 SF 1.00 SF 0.35 SF 1.00 SF 0.50 SF 0.75 SF 0.75 SF NO BID SF 0.38 SF 0.52 52 F&I, Bahia sod - over 1,000 SF SF 1.00 SF NOBID SF 0.46 SF 1.00 SF 0.75 SF 0.25 SF 0.50 SF 0.40 SF 0.70 SF 0.50 SF NO BID SF 0.33 SF 0.45 53 F&I, Floratam sod - up to 1,000 SF SF 2.00 SF NOBID SF 0.60 SF 0.90 SF 1.25 SF 0.40 SF 1.25 SF 0.75 SF 1.00 SF 1.35 SF NO BID SF 0.48 SF 0.72 54 F&I, Floratam sod - over 1,000 SF SF 1.50 SF NOBID SF 1.28 SF 0.85 SF 1.00 SF 0.38 SF 0.75 SF 0.65 SF 0.90 SF 0.95 SF NO BID SF 0.47 SF 0.58 55 F&I, FOOT seed and mulch mix SF 0.25 SF NOBID SF 0.29 SF NO BID SF 0.20 SF 0.12 SF 0.25 SF 0.30 SF 0.18 SF 0.10 SF NO BID SF 0.13 SF 0.35 56 Furnish operator, water truck and irrigate sod or seed mix HR 100.00 HR NOBID HR 85.01 HR NO BID HR 100.00 HR 65.00 HR 90.00 HR 93.00 HR 120.00 HR 130.00 HR 130.00 HR 85.00 HR 100.00 57 FOOT guard rail with no end treatment LF 30.00 LF NO BID LF 30. 01 LF NO BID LF 50.00 LF 40. 00 LF 35.00 LF 30.00 LF 60.00 LF NO BID LF NO BID LF 29.00 LF 75.00 58 FOOT guard rail with end treatment LF 80,00 LF NO BID LF 60.64 LF NO BID LF 60.00 LF 65. 00 LF 80.00 LF 55.00 LF 70.00 LF NO BID LF NO BID LF 65.00 LF 125.00 59 Re -grade swales - up to 1,000 CV CY 20.00 CV NO BID By 3.11 BY 40.00 CV 15.00 CY 7.45 CY 10.00 BY 14.00 CY 20.00 CY 25. 00 CY 12.50 CV 9.50 CY 30. 00 60 Re -grade swales- over 1,000 CV CY 15.00 CY NO BID CY 3.11 CY 35.00 CY 10.00 CY 6.00 CY 6.00 CV 14. 00 CY 19.00 CV 25.00 CY 6.25 CV 6.50 CY 26.00 61 Canal wash out repair (sand and silt) CY 75.00 CV NO BID CY 180.36 BY NO BID CV 150.00 CY 110.00 CY 100.00 CV 75.00 BY 40.00 CV 175.00 CY 220.00 CV 80.00 CY 250.00 62 Canal excavation (60' ROW)- upto 1,000 CV CY 20.00 CV NO BID CY 23.50 BY NO BID CV 20.00 CY 10.75 CY 15.00 CV 10.00 BY 9.00 CV NO BID CY 27.00 CV 12.00 CV 35.00 63 Canalexcavation(100'ROW)-upto1,000CY CY 20.00 CV NO BID Cy 23.50 BY NO BID CV 20.00 CY 10,75 CY 20.00 BY 10.00 BY 10.00 CV NO BID CY 27.00 CV 12.00 BY 38.00 64 Canalexcavation(0'ROW)-over 1,000 CY CY 15.00 CV NO BID By 28.69 BY NO BID CV 20.00 CY 9.90 CY 12.00 CY 10.00 CY 9.00 CY NO BID CY 27.00 CV 12.00 CY 38. 00 65 Canalexcavation(100'ROW)-over 1,000 CY CY 15.00 CV NO BID CY 15.27 CY NO BID CV 20.00 CY 10. 75 CY 15.00 CY 10.00 CY 10.00 CV NO BID CY 27.00 CV 12.00 CY 40.00 66 Lake canal bank restoration (wash out repair) CY CV NO BID CY 180.36 CY NO BID CV 150.00 CY 75.00 CY 100.00 BY 7 t CY 25.00 CY NO BID CY 200.00 CV 80.00 CY 175.00 ITB No.: 1TB2020-124PS - W - BidTitle: Miscellaneous Public Works Projects eAUA aF.tcx Bid Opening Date: August 28, 2020 @ 3:00 P.M. aiidPsad Prepared by: V- RA VENDOR NAME D.S. EAKINS CONST CORP DEEVAN, INC. FERREIRA CONSTRUCTION FLYING SCOT FOSTER MARINE CONT HEAVY CIVIL, INC. HINTERLAND GROUP 1W CHEATHAM, LLC MURRAY LOGAN CONST R& D PAVING, LLC RANGER CONSTRUCTION SOUTH FLORIDA BUILDING WAYPOINT CONTRACTING Vendor FEIN 59-1691997 65-0101816 22-333495 65-1070173 59-1054370 46-5439171 20-5156844 20-1928479 59-1208353 45-4469049 59-2098662 47-3298344 81-4602789 67 FBI, Type Sill asphalt overlay -1" TN 140.00 TN NO BID TN 169.07 TN NO BID TN 160.00 TN 125.00 TN 165.00 TN 120.00 TN NO BID TN 145.00 TN 280.00 TN 185.00 TN 295.00 68 Mill existing pavement (3/4" -1" avg) SY 4.50 SY NOBID SY 2.74 SY NO BID SY 6.00 SY 2.05 SY 10.00 SY 4.00 SY NO BID SY 3.50 SY 120.010 SY 5.50 SY 12.50 69 Pavement replacement w/2" Type 5 SY 34.50 SY NOBID SY 2.41 SY NO BID SY 40.00 SY 15.00 SY 35.00 SY 31.00 SY NO BID SY 27.00 SY 26.00 SY 25.00 SY 18.00 70 Adjust manhole to grade EA 900.00 EA NOBID EA 268.58 EA NO BID EA 750.00 EA 350.00 EA 350.00 EA 500.00 EA NO BID EA 375.00 EA 680.00 EA 325.00 EA 575.00 71 Jack and bore-4" LF 50.00 LF NOBID LF NO BID LF NO BID LF 60.00 LF 95.00 LF 65.00 LF 35.00 LF 65.00 LF 77.00 LF 110.00 LF 48.00 LF 185.00 72 Directional bore-4" LF 50.00 LF NOBID LF 26.93 LF NO BID LF 60.00 LF 63.00 LF 35.00 LF 35.00 LF 65.00 LF 30.00 LF 73.00 LF 38.00 LF 85.00 73 Jack and bore-6" LF 75.00 LF NOBID LF NO BID LF NO BID LF 70.00 LF 140.00 LF 75.00 LF 45. 00 LF 75.00 LF 82.50 LF 160.00 LF 62.00 LF 225.00 74 Directional bore-6" LF 75.00 LF NOBID LF 32.04 LF NO BID LF 70.00 LF 84.0D LF 50.00 LF 45.00 LF 75.00 LF 35.25 LF 97.0D LF 58.00 LF 100.00 PAVEMENT MARKING 75 Thermoplastic Pavement Marking, Compound Lines a White, 6" LF 1.25 LF NO BID LF 1.10 LF 1.10 LF 1.10 LF 1.00 LF 1.25 LF 0.90 LF NO BID LF 1.15 LF 1.05 LF 0.98 LF 1.05 b Yellow, 6" LF 1.25 LF NO BID LF 1.10 LF 1.10 LF 1.10 LF 1.00 LF 1.25 LF 0.90 LF NO BID LF 1.15 LF 1.05 LF 0.98 LF 1.05 c White, 8" LF 1.75 LF NO BID LF 1.35 LF 1.30 LF 1.65 LF 1.05 LF 2.00 LF 1.00 LF NO BID LF 1.75 LF 1.20 LF 1.30 LF 1.75 d White, 12" LF 2.00 LF NOBID LF 2.57 LF 2.50 LF 2.20 LF 1.62 LF 2.50 LF 1.60 LF NO BID LF 2.30 LF 1.90 LF 2.00 LF 1.85 e White, 18" LF 2.50 LF NO BID LF 3.31 LF 3.25 LF 3.30 LF 2.70 LF 3.50 j LF 2.70 LF NO BID LF 3.45 LF 3.15 LF 4.00 LF 3.05 f Yellow, 18" LF 3.50 LF NO BID LF 3.31 LF 3.25 LF 3.30 LF 2.70 LF 3.50 LF 2.70 LF NO BID LF 3.45 LF 3.15 LF 4.00 LF 3.05 g White, 24" LF 3.50 LF NO BID LF 6.43 LF 6.30 LF 7.25 LF 3.80 LF 8.00 LF 3.80 LF NO BID LF 7.70 LF 4.40 LF 4.50 LF 5.00 76 Arrows and Messages- White Only, Furnish & Install a Tarn arrow EA 85.00 EA NO BID EA 91.89 EA 90.00 EA 80.00 EA 91. 00 EA 100.00 EA 92. 00 EA NO BID EA 80.85 EA 110.00 EA 75.00 EA V $80.00 b Straight arrow EA 85.00 EA NO BID EA 104.14 EA 100.00 EA 80.00 EA 91.00 EA 100.00 EA 92.00 EA NO BID EA 80.85 EA 110.00 EA 75.00 EA 80.00 c Straight/Fum arrows, combination EA 150.00 EA NO BID EA 208.28 EA 200.00 EA 145.00 EA 95.00 EA 180.00 EA 97.00 EA NO BID EA 150.15 EA 110.00 EA 110.00 EA 135.00 d Merge message EA 190.Do EA NO BID EA 349.17 EA 340.00 EA 180.00 EA 135.00 EA 200.00 EA 135.00 EA NO BID EA 190.30 EA 160.00 EA 150.00 EA 175.00 e RXR message EA 370.00 EA NO BID EA 520.70 EA 500.00 EA 350.00 EA 135.00 EA 400.00 EA 135.00 EA NO BID EA 369.60 EA 160.00 EA 250.00 EA 240.00 f School message EA 250.00 EA NO BID EA 520.70 EA 500.00 EA 195.0D EA 135.00 EA 250.00 EA 135.00 EA NO BID EA 202.40 EA 160.00 EA 175.00 EA 200.00 g Only message EA 200.00 EA NO BID EA 275.66 EA 270.00 EA 160.00 EA 135.00 EA 200.00 EA 135.00 EA NO BID EA 167.20 EA 160.00 EA 180.00 EA 150.00 h U-Turn message EA 250.00 EA NO BID EA 275.66 EA 270.00 EA 210.00 EA 130.00 EA 300.00 EA 130.00 EA NO BID EA 218.90 EA 150.00 EA 130.00 EA 175.00 i Bike lane symbol (diamond, arrow) EA 450.00 EA NO BID EA 428. 81 EA 420.00 EA 410.00 EA 378.00 EA 500.00 EA 378.00 EA NO BID EA 440.00 EA 440.00 EA 150.00 EA 275.00 j Handicap message EA 250.00 EA NO BID EA 238.91 EA 235.00 EA 195.00 EA 189.00 EA 250.00 EA 189.00 EA NO BID EA 202.40 EA 220.00 EA 130.00 EA 77 Raised Reflective Pavement Markers -Thermoplastic a Red and amber; bi-directional EA 6.25 EA NO BID EA 5.51 EA EA 5.80 EA 5.40 EA 6.00 EA 5.50 EA NO BID EA 5.75 EA 6.30 EA 5.50 EA 7.25 b Amber; bi-directional EA 6.25 EA NO BID EA 5.51 EA 5.50 EA 5.80 EA 5.40 EA 6.00 EA 5.50 EA NO BID EA 5.75 EA 6.30 EA 5.25 EA 7.00 c White and red; bi-directional EA 6.25 EA NO BID EA 5. 51 EA 5.50 EA 5.80 EA 5.40 EA 6.00 EA 5.50 EA NO BID EA 5.75 EA 6.30 EA 5.30 EA 6.00 78 Raised Reflective Pavement Markers- Epoxy a Red and amber; bi-directional EA 6.25 EA NO BID EA 6.74 EA 6.50 EA 5.80 EA 6.20 EA 6.- EA 6.20 EA NO BID EA 5.75 EA 7.25 EA 6.30 EA 7.25 b Amber;bi-directional EA 6.25 EA NO BID EA 6.74 EA 6.50 EA 5.80 EA 6.20 EA 6.00 EA 6.20 EA NO BID EA 5.75 EA 7.25 EA 5.50 EA 6.50 c White and red; bi-directional EA 6.25 EA NOBID EA 6.74 EA 6.50 EA 5.80 EA 6.20 EA 6.00 EA 6.20 EA NO BID EA 5.75 EA 7.25 EA EA 6.50 79 Traffic Paint Lines a White, 4" LF 0.50 LF NOBID LF 0.34 LF 0.35 LF 0.40 LF 0.32 LF 1.00 LF 0.35 LF NO BID LF 0.40 LF 0.40 LF 0.40 LF 0.65 b Yellow, 4" LF 0.50 LF NOBID LF 0.34 LF 0.35 LF 0.40 LF 0.32 LF 1.00 LF 0.35 LF NO BID LF 0.40 LF 0.40 LF 0.40 LF 0.65 c White, 6" LF 0.75 LF NOBID LF 0.47 LF 0.45 LF 0.45 LF 0.40 LF 1.00 LF 0.40 LF NO BID LF 0.45 LF 0.45 LF 0.40 LF 0.85 d Black, 6" LF 0.75 LF NO BID LF 0.55 LF 0.55 LF 0.55 LF 0.40 LF 1.00 LF 0.40 LF NO BID LF 0.60 LF 0.45 LF 0.80 LF 0.90 e Blue, 6" LF 1.00 LF NOBID LF 0. 67 LF 0.65 LF 0.90 LF 0.40 LF 1.00 LF 0.40 LF NO BID LF 0.95 LF 0.45 LF 0.80 LF 0.90 f Yellow, 6" LF 0.50 LF NO BID LF 0.47 LF 0.45 LF 0.45 LF 0.40 LF 1.00 LF 0.40 LF NO BID LF 0.45 LF 0.45 LF 0.45 LF 0.90 g White, 18" LF 2.00 LF NOBID LF 1.41 LF 1.40 LF 1.55 LF 1.10 LF 2.00 LF 1.10 LF NO BID LF 1.65 LF 1.25 LF 1.50 LF 1.50 h White, 12" LF 1.50 LF NO BID LF 0.92 LF 0.90 LF 1.10 LF 0.80 LF 1.50 LF 0.80 LF NO BID LF 1.15 LF 0.95 LF 1.00 LF 1.25 Yellow, 18" LF 2.00 LF NO BID LF 1.41 LF 1.40 LF 1.55 LF 1.10 LF 2.00 LF 1.10 LF NO BID LF 1.60 LF 1.25 LF 1.50 LF 1.50 j White, 24" LF 4.00 LF NOBID LF LF 1.70 LF 3.30 LF 1.95 LF 4.00 LF 1.95 LF NO BID LF 3.45 LF 2.25 LF 2.00 LF 1.85 80 Arrows and Messages- White (Furnish and Install) a Straight/Combo Arrow EA 175.00 EA NO BID EA 61.26 EA 60.00 EA 145.0D EA 48. 60 EA 200.00 EA 49.00 EA NO BID EA 154.00 EA 57.00 EA 55.00 EA 65.00 b Tarn arrow EA 85.00 EA NO BID EA 36.76 EA 35. 00 EA 80.00 EA 43.00 EA 150.00 EA 43.00 EA NO BID EA 81.40 EA 50.00 EA 23.00 EA 45.00 c Message (Only; School,' Merge and5traight Arrow) EA 200.00 EA NO BID EA 153.15 EA 150.00 EA 175.00 EA 76.00 EA 200.0D EA 76.00 EA NO BID EA 178.20 EA 88.00 EA 44.00 EA 70.00 d 6" Numbers (Per Digit) EA 30.00 EA NO BID EA 1.23 EA 1.20 EA 30.00 EA 5.40 EA 40. 00 EA 5.50 EA NO BID EA 29.15 EA 6.30 EA 2.00 EA 2.50 e 8" Numbers (Per Digit) EA 35.00 EA NO BID EA 1.53 EA 1.50 EA 35.00 EA 5.40 EA 50.00 EA 5.50 EA NO BID EA 33. 55 EA 6.30 EA 2.00 EA 3.00 f 10" Numbers (Per Digit) EA 40.00 EA NO BID EA 1.84 EA 1.80 EA 40.00 EA 5.40 EA 55.00 EA 5.50 EA NO BID EA 37.40 EA 6.30 EA 2.00 EA 5.00 g 12" Numbers (Per Digit) EA 45.00 EA NO BID EA 2. 21 EA 2.15 EA 40.00 EA 5.40 EA 65.00 EA 5.50 EA NO BID EA 41.80 EA 6.30 EA 2.20 EA 6.75 h 24" Numbers (Per Digit) EA 90.00 EA NO BID EA 3.49 EA 10. 25 EA 80.00 EA 7.55 EA 90.00 EA 7.50 EA NO BID EA 81.40 EA 8.85 EA 3.5 EA 7.20 81 Fire Lane and No Parking Messages -Yellow a 4" Letters (Per Letter) EA 30.00 EA NO BID EA 53.04 EA 1.00 EA 25.00 EA 3.30 EA 35.00 EA 3.25 EA NO BID EA 25.30 EA 3.80 EA 2.10 EA 2.50 b 6" Letters (Per Letter) EA 30.00 EA NO BID EA 1.23 EA 1.20 EA 27.50 EA 3.30 EA 40.00 EA 3.25 EA NO BID EA 28.90 EA 3.80 EA 2.60 EA 3.00 c 8" Letters (Per Letter) EA 35.00 EA NO BID EA 1.53 EA 1.50 EA 32.00 EA 3.80 EA 45.00 EA 3.75 EA NO BID EA 33. 55 EA 4.40 EA 4.00 EA 4.75 d 12" Letters (Per Letter) EA 45.00 EA NO BID EA 2.21 EA 2.15 EA 39.00 EA 6.60 EA 50.00 EA 6.50 EA NO BID EA 40.70 EA 7.55 EA 6.00 EA 5.75 e 4'Letters(Per Letter) EA 140.00 EA NO BID EA 10.41 EA 10.25 EA 135.00 EA 11.00 EA 150.00 EA 11.00 EA NO BID EA 138.60 EA 12.60 EA 12.50 EA 12.00 82 Pavement marking rem oval a Traffic Paint SF 2.50 SF NO BID SF 11. 33 SF 11.00 SF 2.20 SF 3.25 SF 3.00 SF 3.25 SF NO BID SF 2.30 SF 3.80 SF 2.50 5F 2. 25 b Thermoplastic SF 2.50 SF NO BID SF 4.53 SF 4.50 SF 2.20 SF 3.25 SF 3.00 SF 3.25 SF NO BID SF 2.30 SF 3.80 SF 3.00 5F 2.45 c Cold (Preformed) Plastic SF 3.00 SF NO BID SF 226.66 SF 200.00 SF 2.75 SF 3.25 SF 3.25 5F 3.25 5F NO BID 5F 2.75 SF 3.80 SF 3.50 SF 3. 15 d Construction Tape LF 1.50 LF NO BID LF 3.49 LF 3.50 LF 1.40 LF 1.10 LF 2.00 LF 1.10 LF NO BID LF 1.40 LF 1.25 LF 2.00 LF 2.55 e Pavement markers EA 1.00 EA NO BID EA 2.21 EA 2.15 EA 0.85 EA 0.55 EA 1.50 EA 0.55 EA NO BID EA 0.85 EA 0.65 EA 1.50 EA 3.50 83 Preformed (Cold) Plastic (Install Only) a White, 24" LF 10.00 LF NO BID LF 6.74 LF 6.50 LF 8.80 LF 2.15 LF 20.00 LF 2.25 LF NO BID LF 9.90 LF 2.50 LF 25.00 LF 8.75 b Message (Only; School,' Merge; U-Tam; Bike Lane; etc.) EA 250.00 EA NO BID EA 594.21 EA 580.00 EA 225.0D EA 86.40 EA 250.010 EA 87.00 EA NO BID EA 236.50 EA 100.00 EA 600.00 EA 460.00 c Tam arrow EA 150.00 EA NO BID EA 91. 89 EA 90.00 EA 120.0D EA 43.20 EA 150.00 EA 43. 00 EA NO BID EA 127.60 EA 50.0) EA 220.00 EA 220.00 84 Preformed (Cold) Plastic (Furnish and Install) a White of Yellow, 6" LF 11.00 LF NO BID LF 12. 25 LF 9.50 LF 10.50 LF 8.65 LF 15.00 LF 8.70 LF NO BID LF 11.00 LF 10.10 LF 8.50 LF 9.15 b White, 8" LF 13.00 LF NO BID LF 16. 85 LF 12.00 LF 12.25 LF 8.65 LF 16.00 LF 8. LF NO BID LF 12.95 LF 10.10 LF 10.00 LF 12. 85 c White or Yellow, 12" LF 21.50 LF NO BID LF 9.80 LF 16.50 LF 21.00 LF 16.20 LF 25.00 LF 16.00 LF NO BID LF 22.00 LF 18.90 LF 17.00 LF 17. 45 d White or Yellow, 18" LF 28.50 LF NO BID LF 12.25 LF 18.00 LF 27.00 LF 21.60 LF 30. 00 LF 22.00 1 LF NO BID LF 28. 60 LF 25.00 LF 25. 00 LF 25.25 ITB No.: 1TB2020-124PS -- Bid Title: Miscellaneous Public Works Projects PALM BFACH Bid O enin teDa: Au ust 28 2020 @ 3:00 P.M. Prepared by: 1 RA VENDOR NAME D.S. EAKINS CONST CORP DEEVAN, INC. FERREIRA CONSTRUCTION FLYING SCOT FOSTER MARINE CONT HEAVY CIVIL, INC. HINTERLAND GROUP JW CHEATHAM, LLC MURRAY LOGAN CONST R& D PAVING, LLC RANGER CONSTRUCTION SOUTH FLORIDA BUILDING WAYPOINT CONTRACTING Vendor FEIN 59-1691997 65-0101816 22-333495 65-1070173 59-1054370 46-5439171 20-5156844 20-1928479 59-1208353 45-4469049 59-2098662 47-3298344 81-4602789 e White, 24" LF 35.00 LF NO BID LF 16.85 LF 22.25 LF 33.00 LF 34.55 LF 35.00 LF 35.00 LF NO BID LF 34.65 LF 40.00 LF 28.00 LF 28.05 f Message (Only; School,' Merge; Ramp; U-Tam; etc.) LF 850.00 LF NO BID LF 91.89 LF 600.00 LF 800.00 LF 405.00 LF 800.00 LF 4.05 LF NO BID LF 792.00 LF 470.00 LF LF 750.00 g Tarn arrow LF 350.00 LF NO BID LF 45.33 LF 280.00 LF 335.00 LF 205.00 LF 350.00 LF 205.00 LF NO BID LF 346.50 LF 240.00 LF 2.10 LF 315.00 85 Miscellaneous (Furnish and Install) a Thermoplastic Ramble Strips (index 518) EA 250.00 EA NOBID EA 299.14 EA 690.00 EA 250.00 EA 405.00 EA 250.00 EA 405.00 EA NO BID EA 231.00 EA 470.00 EA 525.00 EA 675.00 b 9"Contra5ttape LF 15.00 LF NOBID LF 704.47 LF 18.00 LF 14.00 LF 6.50 LF 20. 00 LF 6.50 LF NO BID LF 16.50 LF 7.55 LF 14.00 LF 15. 85 c Flexible Dellneators(All Types) EA 110.00 EA NOBID EA 18.38 EA 225.00 EA 100.00 EA 52.90 EA 125.00 EA 53.00 EA NO BID EA 103.40 EA 62.00 EA 75.00 EA 105.00 d Foil Back Tape LF 1.75 LF NO BID LF 226.66 LF 3.25 LF 1.60 LF 0.80 LF 2.00 LF 0.80 LF NO BID LF 1.75 LF 0.95 LF 2.50 LF 3.05 86 Items for FDOT Projects Only a 6"Solid White Paint LF 1.00 LF NO BID LF 3.31 LF 0.45 LF 0.85 LF 0.40 LF 1.20 LF 0.40 LF NO BID LF 0.90 LF 0.45 LF 0.38 LF 0.50 b 6"Solid White Thermoplastic LF 1.50 LF NO BID LF 0.47 LF 1.40 LF 1.25 LF 1.15 LF 1.50 LF 1.15 LF NO BID LF 1.35 LF 1.30 LF 1.08 LF 1.30 c 8"Solid Yellow Paint LF 1.75 LF NO BID LF 1.41 LF 0.55 LF 1.55 LF 0.55 LF 2.00 LF 0.55 LF NO BID LF 1.60 LF 0.65 LF 0.45 LF 0.68 d 8"Solid White Thermoplastic LF 2.00 LF NO BID LF 0.55 LF 1.70 LF 1.85 LF 1.35 LF 2.00 LF 1.35 LF NO BID LF 1.90 LF 1.60 LF 1.35 LF 1.75 e 8"Solid Yellow Thermoplastic LF 2.00 LF NO BID LF 1.72 LF 1.70 LF 1.85 LF 1.35 LF 2.00 LF 1.35 LF NO BID LF 1.90 LF 1.60 LF 1.35 LF 1.75 f 12- Solid White Paint LF 1.75 LF NO BID LF 0.80 LF 0.80 LF 1.65 LF 0.65 LF 2.00 LF 0.65 LF NO BID LF 1.75 LF 0.75 LF 0.86 LF 1.00 g 12" Solid White Thermoplastic LF 2.75 LF NO BID LF 2.57 LF 2.50 LF 2.55 LF 1.90 LF 3.00 LF 1.90 LF NO BID LF 2.65 LF 2.20 LF 2.18 LF 2.55 h 18" Solid White Point LF 2.75 LF NO BID LF 1.47 LF 1.45 LF 2.50 LF 1.10 LF 3.00 LF 1.10 LF NO BID LF 2.65 LF 1.25 LF 1.42 LF 2.30 i 18" Solid White Thermoplastic LF 4.00 LF NO BID LF 3.49 LF 3.45 LF 3.80 LF 2.70 LF 4.00 LF 2.70 LF NO BID LF 4.00 LF 3.15 LF 3.25 LF 3.50 j 24"Solid White Point LF 4.00 LF NO BID LF 1.72 LF 1.70 LF 3.65 LF 2.15 LF 5.00 LF 2.15 LF NO BID LF 3.80 LF 2.50 LF 1.79 LF 2.15 k 24" Solid White Thermoplastic LF 8.50 LF NO BID LF 6.43 LF 6.30 LF 7.70 LF 4.32 LF 8.00 LF 4.30 LF NO BID LF 8.10 LF 5.05 LF 4.60 LF 5.25 I 6"Solid Yellow Point LF 1.00 LF NO BID LF 0.47 LF 0.45 LF 0.85 LF 0.40 LF 1.25 LF 0.40 LF NO BID LF 0.90 LF 0.45 LF 0.41 LF 0. 50 in 6"Solid Yellow Thermoplastic LF 1.50 LF NO BID LF 1.41 LF 1.40 LF 1.25 LF 1.15 LF 1.50 LF 1.15 LF NO BID LF 1.35 LF 1.30 LF 1.12 LF 1.00 n 18" Solid Yellow Paint LF 3.00 LF NO BID LF 1.47 LF 1.45 LF 2.50 LF 1.10 LF 3.00 LF 1.10 LF NO BID LF 2.70 LF 1.25 LF 0.80 LF 2.00 a 18" Solid Yellow Thermoplastic LF 4.50 LF NOBID LF 3.49 LF 3.40 LF 3.80 LF 2.70 LF 4.00 LF 2.70 LF NO BID LF 4.00 LF 3.15 LF 3.10 LF 3.50 p 2x45kips White Paint LF 1.00 LF NOBID LF 0. 59 LF 0.60 LF 1.00 LF 0.40 LF 1.50 LF 0.40 LF NO BID LF 1.00 LF 0.45 LF 0.50 LF 0.50 q 2x45kips White Thermoplastic LF 1.50 LF NO BID LF 1.10 LF 1.10 LF 1.35 LF 1.15 LF 2.00 LF 1.15 LF NO BID LF 1.40 LF 1.30 LF 1.10 LF 1.05 r 6x10Skip5White Point LF 1.00 LF NO BID LF 0.59 LF 0.60 LF 1.00 LF 0.40 LF 1.50 LF 0.40 LF NO BID LF 1.00 LF 0.45 LF 0.43 LF 0.55 s 6x10 Skips White Thermoplastic LF 1.50 LF NO BID LF 1.10 LF 1.10 LF 1.35 LF 1.15 LF 2.00 LF 1.15 LF NO BID LF 1.40 LF 1.30 LF 1.25 LF 1.05 t 10x305kips White Paint LF 1.00 LF NO BID LF 0. 59 LF 0.60 LF 1.00 LF 0.40 LF 1.50 LF 0.40 LF NO BID LF 1.00 LF 0.45 LF 0.52 LF 0. 58 a I0x30 Skips White Thermoplastic LF 1.50 LF NO BID LF 1.10 LF 1.10 LF 3.35 LF 1.15 LF 2.00 LF 1.15 LF NO BID LF 1.40 LF 1.30 LF 1.10 LF 1.30 v 2x45kips Yellow Point LF 1.00 LF NO BID LF 0. 59 LF 0.60 LF 1.00 LF 0.40 LF 1.50 LF 0.40 LF NO BID LF 1.00 LF 0.45 LF 1.25 LF 0.55 w 2x45kips Yellow Thermoplastic LF 1.50 LF NO BID LF 1.10 LF 1.10 LF 1.35 LF 1.15 LF 2.00 LF 1.15 LF NO BID LF 1.40 LF 1.30 LF 0.50 LF 1.30 x 6x10 Skips Yellow Paint LF 1.00 LF NO BID LF 0.59 LF 0.60 LF 1.00 LF 0.40 LF 1.50 LF 0.40 LF NO BID LF 1.00 LF 0.45 LF 1.25 LF 0.65 y 6xI0 Skips Yellow Thermoplastic LF 1.50 LF NO BID LF 1.10 LF 1.10 LF 1.35 LF 1.15 LF 2.00 LF 1.15 LF NO BID LF 1.40 LF 1.30 LF 5.50 LF 1.25 z Reflective pavement Markers EA 6.50 EA NOBID EA 5.21 EA 5.10 EA 5.80 EA 5.40 EA 7.50 EA 5.50 EA NO BID EA 5.75 EA 6.30 EA 38.50 EA 5.75 as Directional Arrows Paint EA 90.00 EA NOBID EA 36.76 EA 36.00 EA 85.00 EA 59.40 EA 100.00 EA 60.00 EA NO BID EA 85.80 EA 69.00 EA 75.00 EA 47. 00 ab Directional Arrows Thermo EA 90.00 EA NOBID EA 91.89 EA 90.00 EA 85.00 EA 102.00 EA 100.00 EA 103.00 EA NO BID EA 85.80 EA 120.00 EA 450.00 EA 85. 00 ac Bike lane Symbol W/Arrows Cold Plastic SETS 450.00 SETS NOBID SETS 483.94 SETS 470.00 SETS 425.00 SETS 380.00 SETS 500.00 SETS 378.00 SETS NO BID SETS 426.80 SETS 440.00 SETS 77.00 SETS 500.00 ad Pavement Messages Paint EA 2010.00 EA NOBID EA 226.66 EA 220.010 EA 165.00 EA 54.00 EA 250.00 EA 54. 00 EA NO BID EA 178.20 EA 63.00 EA 23.50 EA 82.00 ae Reflective Paint -Island Nose - White SY 25.00 SY NOBID SY 24.50 SY 25.00 SY 22.00 SY 5.40 SY 35.00 SY 5.50 SY NO BID SY 23. 10 SY 6.30 SY 23.70 SY 27.50 CREWS AND EQUIPMENT 87 Construction Crew 'A" HR 325.00 HR 280.00 HR 556.46 HR NO BID HR 350.00 HR 340.00 HR 290.00 HR 425.00 HR 350.00 HR 450.00 HR 470.00 HR 370.00 HR 575.00 88 Construction Crew"B" HR 350.00 HR HR 573.58 HR NO BID HR 400.00 HR 340.00 HR 290.00 HR 425.00 HR 350.00 HR 450.00 HR 470.00 HR 370.00 HR 595.00 89 Construction Crew "C" HR 400.00 HR NO BID HR 586.22 HR NO BID HR 450.00 HR 385.00 HR 350.00 HR 445.00 HR 375.00 HR 500.00 HR 680.00 HR 410.00 HR 885.00 90 Construction Crew"D" HR 450.00 HR NO BID HR 586.22 HR NO BID HR 450.00 HR 385.010 HR 350.00 HR 445.00 HR 375.00 HR 500.00 HR 680.00 HR 470.00 HR 975.00 91 Infiltration Drainage Crew HR 299.00 HR NO BID HR 573.58 HR NO BID HR 350.00 HR 340.00 HR 290.00 HR 425.00 HR 350.00 HR 450.00 HR 470.00 HR 365.00 HR 550.00 92 Wellpoint System HR 50.00 HR 60.00 HR 134.03 HR NO BID HR 50.00 HR 250.00 HR 45 HR 40.00 HR 55.00 HR 50. 00 HR 220.00 HR 62.00 HR 175.00 93 Asphalt Removal and Restoration SF 6.50 SF NO BID SF 4.33 SF NO BID SF 9.00 SF 4.00 SF 8.00 SF 6.00 SF 12.00 SF 20.00 SF 7.80 SF 2.10 SF 12.75 94 Dump Truck (15- 20 CY) HR 80.00 HR NO BID HR 123.44 HR NO BID HR 75.00 SCHEDULE HR OF EQUIPMENT 61.00 AND OPERA HR TOIWS 58.00 HR 78.00 HR 65.00 HR 85.00 HR 76.00 HR 72.00 HR 85.00 ANNUAL ASPHALT MILLING AND PAVING 95 Asphalt Paving, per 1-inch pavingloverlay TN 140.00 TN NO BID TN 169-07 TN NO BID TN 140.00 TN 125.00 TN 225.00 TN TN NO BID TN 122.00 TN 120.00 TN 3.50 TN 295.00 96 Asphalt Milling, perl-inch mill BY 4.50 BY NO BID BY 2.74 BY NO BID BY 3.00 BY 2.05 BY 8.00 BY 4.00 BY NO BID SY 2.50 SY 8.40 SY 2.00 SY 12.50 97 MOT, Rental of Arrow Board, Electric PER DAY 20.00 PER DAY NO BID PER DAY 24.74 PER DAY NO BID PER DAY 15.00 PER DAY 11.00 PER DAY 65.00 PER DAY PER DAY 175.00 PER DAY 15.00 PER DAY 100.00 PER DAY 95.00 PER DAY 45.00 98 MOT, Rental of Message Board, Electric PER DAY 30.00 PER DAY NO BID PER DAY 24.51 PER DAY NO BID PER DAY 30.00 PER DAY 22.00 PER DAY 85.00 PER DAY PER DAY 250.00 PER DAY 27. 00 PER DAY 100.00 PER DAY 100.00 PER DAY 55.00 99 MOT, Rental of Traffic Cones, 36-inch high (per 50 cones) PER DAY 75.00 PER DAY NO BID PER DAY PER DAY NO BID PER DAY 0.30 PER DAY 25.00 PER DAY 1.00 PER DAY 50.00 PER DAY 100.00 PER DAY 0.25 PER DAY 130.00 PER DAY 100.00 PER DAY 20.00 100 MOT, Rental of Barricades, Type II PER DAY 0.75 PER DAY NO BID PER DAY 1.97 PER DAY NO BID PER DAY 0.50 PER DAY 1.10 PER DAY 5.00 PER DAY 0.60 PER DAY 2.00 PER DAY 0.30 PER DAY 1.00 PER DAY 15.00 PER DAY 345.00 101 MOT, Rental of Barricades, Type III PER DAY 1.00 PER DAY NO BID PER DAY 1.97 PER DAY NO BID PER DAY 0.60 PER DAY 1.65 PER DAY 5.00 PER DAY 0.90 PER DAY 6.00 PER DAY G.SS PER DAY 5.00 PER DAY 175.00 PER DAY 52.00 102 MOT, Rental of Jersey Barrier PER DAY 75.00 PER DAY NO BID PER DAY 566.32 PER DAY NO BID PER DAY 5.00 PER DAY 33.00 PER DAY 200.00 PER DAY 60.0o PER DAY 50.00 PER DAY 75.00 PER DAY 500.00 PER DAY 225.00 PER DAY 65.00 103 Materials Mark -Up (for items not in contract up to $50K) PER CENT 10% PER CENT NO BID PER CENT 6,000.00 PER CENT 18% PER CENT 15% PER CENT 10% PER CENT 10% PER CENT 10% PER CENT 10 PER CENT 15% PER CENT 11% PER CENT 10 PER CENT 15.70% 1 3-Man Crew w/Pickup Truck HR 250.00 HR NO BID HR 166.73 HR 200.00 HR 250.00 HR 200.00 HR 150.00 HR 200.00 HR 180.00 HR 150.00 HR 240.00 HR 180.00 HR 285.00 2 5-Man Crew w/Pickup Truck HR 350.00 HR NOBID HR 261.49 HR 260.00 HR 350.00 HR 300.00 HR 220.00 HR 300.00 HR 220.00 HR 200.00 HR 320.00 HR 220.00 HR 428.00 3 Supervisor HR 80.00 HR 90.00 HR 126.42 HR 80.00 HR 80.00 HR 81.00 HR 95.00 HR 90.00 HR 70.00 HR 65.00 HR 96.00 HR 72.00 HR 87.50 4 Foreman HR 75.00 HR 80.00 HR 93.87 HR 60.00 HR 75.00 HR 72.00 HR 75.00 HR 80.00 HR 55.00 HR 50.00 HR 85.00 HR 65.00 HR 72.50 5 Welder HR 65.00 HR NO BID HR 87. 07 HR NO BID HR 60.00 HR 60.00 HR 75. 00 HR 75.00 HR 65.00 HR 100.00 HR HR 48.00 HR 70. 00 6 Skilled Laborer HR 65.00 HR 45.00 HR 44.03 HR 40.00 HR 40.00 HR 30.00 HR 35.00 HR 32.00 HR 36.00 HR 35.00 HR 40.00 HR 40.00 HR 47.50 7 Day Laborer (Unskilled) HR 35.00 HR 35.00 HR 40.65 HR 30.00 HR 35.00 HR 26.00 HR 30.00 HR 25.00 HR 26.00 HR 28.00 HR 35.00 HR 30.00 HR 38.95 8 Gradall HR 150.00 HR NO BID HR NO BID HR NO BID HR 175.00 HR 85.00 HR 100.00 HR 120.00 HR 125.00 HR 100.00 HR 140.00 HR 80.00 HR 175.00 9 Skid Loader HR 80.00 HR 60.00 HR 85.07 HR 60.00 HR 85.00 HR 30.00 HR 65.00 HR 80.00 HR 75.00 HR 75.00 HR 95.00 HR 65.00 HR 95.00 10 Rubber Tire backhoe/Loader HR 80.00 HR NO BID HR 88. 40 HR NO BID HR 85.00 HR 35.00 HR HR 115.00 HR 85.00 HR 100.00 HR 90.00 HR 65.00 HR 95. 00 11 Track backhoe HR 140.00 HR 130.00 HR 127.62 HR NO BID HR 140.00 HR 100.00 HR 125.00 HR 145.00 HR 130.00 HR 175.00 HR 170.00 HR 60.00 HR 165.00 12 Dump Truck HR 80.00 HR NO BID HR 123.46 HR 80.00 HR 75.00 HR 65.00 HR 75.00 HR 78.00 HR 65.00 HR 85.00 HR 76.00 HR 70.00 HR 80.00 13 Flatbed w/Tractor HR 100.00 HR NO BID HR 139.86 HR NO BID HR 150.00 HR 110.00 HR 85.00 HR 115.00 HR 90.00 HR 120.00 HR 110.00 HR 100.00 HR 115.00 14 Flatbed HR 80.00 HR NO BID HR 13.56 HR NO BID HR 25.00 HR 60.00 HR 45.00 HR 60.00 HR 50.00 HR 100.00 HR 172A0 HR 65.00 HR 65.00 IS Wellpoint System HR 50.00 HR 60.00 HR 50. 85 HR NO BID HR 50.00 HR 100.00 HR 45.00 HR 40.00 HR 60.00 HR 50. 00 HR 190.00 HR 55. 00 HR 75. 00 ITB No.: 1TB2020-124PS - W - BidTitle: Miscellaneous Public Works Projects PAUA BUCH Bid Opening Date: August 28, 2020 @ 3:00 P.M. aiidPsad Prepared by: V- RA VENDOR NAME D.S. EAKINS CONST CORP DEEVAN, INC. FERREIRA CONSTRUCTION FLYING SCOT FOSTER MARINE CONT HEAVY CIVIL, INC. HINTERLAND GROUP JW CHEATHAM, LLC MURRAY LOGAN CONST R& D PAVING, LLC RANGER CONSTRUCTION SOUTH FLORIDA BUILDING WAYPOINT CONTRACTING Vendor FEIN 59-1691997 65-0101816 22-333495 65-1070173 59-1054370 46-5439171 20-5156844 20-1928479 59-1208353 45-4469049 59-2098662 47-3298344 81-4602789 16 Jet Pump HR 50.00 HR 30.00 HR 35.53 HR NO BID HR 30.00 HR 80.00 HR 45.00 HR 58.00 HR 45.00 HR 75.00 HR 63.00 HR 15.00 HR 75.00 17 Hydraulic Submersible Pump HR 50.00 HR NOBID HR 38. 62 HR NO BID HR 30.00 HR 150.00 HR 50. 00 HR 50. 00 HR 50.00 HR 50. 00 HR 100.00 HR 25.00 HR 95. 00 18 Welding machine HR 50.00 HR NO BID HR 13. 26 HR NO BID HR 25.00 HR 50.00 HR 30.00 HR 50.00 HR 50.00 HR 75.00 HR 50.00 HR 20.00 HR 78.00 19 Portable Generator HR 50.00 HR NO BID HR 16. 15 HR 35.00 HR 15.00 HR 20. 00 HR 40.00 HR 50.00 HR 35.00 HR 50.00 HR 25.00 HR 20. 00 HR 70.00 20 Quick Cut Saw HR 30.00 HR NO BID HR 6.19 HR 35.00 HR 10.00 HR 6.00 HR 10.00 HR 30.00 HR 25.00 HR 25.00 HR 25.00 HR 10.00 HR 32.50 21 Asphalt/Concrete Saw HR 40.00 HR NO BID HR 11. 15 HR 35.00 HR 20.00 HR 25. 00 HR 20.00 HR 30.00 HR 35.00 HR 25.00 HR 25.00 HR 5.00 HR 45.00 22 Steel Wheel Roller HR 70.00 HR NOBID HR 40.65 HR 100.00 HR 90.00 HR 45.00 HR 60. 00 HR 85. 00 HR 80.00 HR 75. 00 HR 90.00 HR 50. 00 HR 90. 25 23 Plate Tamper HR 25.00 HR NOBID HR 14.59 HR 25.00 HR 20.00 HR 10.00 HR 25.00 HR 30.00 HR 35.00 HR 25.00 HR 25.00 HR 9.00 HR 45.00 24 Chain Saw/Debris Clearing Hand Equipment HR 30.00 HR NO BID HR 4.99 HR 30.00 HR 20.00 HR 10.00 HR 30.00 HR 30.00 HR 30.00 HR 25.00 HR 25.00 HR HR 40.00 a Contractor's Representative D. Steven Eakins, Jr. Van C. Williams John Ciabattari Shawn Cunningham Howard Wight Rudy Polselli Chase Rogers Tom Uhrig Edward OLeary Nancy G. Rosso Jason Daley Stephen Zippi Katrina Gonzalez b Telephone Number 561, 842.0001 561,844.5518 172,216.5123 561, 723.5812 561,722.1416 561,313.2995 561,640.3103 561, 411.4100 561,718.9413 561.588.6681 561. 793.9400 561. 510.3800 786. 608.1406 c Email Address steveOdseakins.com van0deevanine.com iciabattari0ferreiraconstruction.com shawn0flvingscotinc.com howard(Mfoster-marine.net rudly0heawciviline.com info0hinterlandgroup.com iwctomO wcheatham.com edo0murravloean.com nancvCdranddpaving.com iason.dalevOrangerconstruction.com steveirbdimarineandsite.com kgonzalezCawavpointci.com Certificate Of Completion Envelope Id: 2AO3C344EFAF4FO88AF80532FF2FFOE6 Subject: Please DocuSign: Ferreira Const So Div-Misc PW Projects-ITB2020-124PS(C)Agmt.pdf Source Envelope: Document Pages: 9 Signatures: 1 Certificate Pages: 4 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) Record Tracking Status: Original 10/23/2020 3:23:18 PM Signer Events John Ciabattari jciabattari@ferreiraconstruction.com Security Level: Email, Account Authentication None) Holder: Barbara Chabre bchabre@pbgfl.com Signature C ID - n Signature Adoption: Pre -selected Style Using IP Address: 50.235.164.126 Electronic Record and Signature Disclosure: Accepted: 11/2/2020 7:13:57 AM D: 4fccfa24-a 1 e0-4cce-953a-413be765ec73 Company Name: Carahsoft OBO City of Palm Beach Gardens Docu . acuaso Status: Completed Envelope Originator: Barbara Chabre 10500 N Military Trail Purchasing Department Palm Beach Gardens, FL 33410 bchabre@pbgfl.com IP Address: 151.132. 106. 163 Location: DocuSign Timestamp Sent: 10/23/2020 3:24:26 PM Resent: 10/26/2020 11:25:48 AM Viewed: 11/2/2020 7: 13: 57 AM Signed: 11/2/2020 7: 15:22 AM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/ 23/2020 3:24:26 PM Certified Delivered Security Checked 11 /2/2020 7:13:57 AM Signing Complete Security Checked 11/2/2020 7:15:22 AM Completed Security Checked 11/2/2020 7:15:22 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure City of Palm Beach Gardens, Florida Bid Tabulation ITB2020-124PS Miscellaneous Public Works Projects Km! Ra NO.UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE UNIT UNIT PRICE 1 SF $3.00 SF NO BID SF $2.20 SF $1.75 SF $3.00 SF $1.95 SF $4.00 SF $3.00 SF $6.50 SF $4.50 SF $3.90 SF $3.00 SF $3.70 2 SF $4.00 SF NO BID SF $2.20 SF $2.25 SF $3.50 SF $2.15 SF $5.00 SF $4.00 SF $7.00 SF $5.00 SF $3.90 SF $3.50 SF $4.50 3 SF $5.75 SF NO BID SF $5.56 SF $3.00 SF $5.00 SF $3.50 SF $6.50 SF $5.00 SF $8.00 SF $7.50 SF NO BID SF $4.75 SF $6.20 4 SF $5.50 SF NO BID SF $5.12 SF $3.00 SF $4.75 SF $3.30 SF $6.00 SF $4.50 SF $7.50 SF $7.00 SF NO BID SF $4.25 SF $5.50 5 SF $5.75 SF NO BID SF $5.61 SF $3.00 SF $5.50 SF $3.50 SF $6.50 SF $5.00 SF $8.50 SF $7.50 SF NO BID SF $5.25 SF $6.15 6 SF $6.75 SF NO BID SF $6.42 SF $4.00 SF $6.50 SF $4.75 SF $7.50 SF $6.00 SF $9.50 SF $8.00 SF NO BID SF $6.00 SF $7.00 7 SF $6.75 SF NO BID SF $5.86 SF $4.00 SF $5.50 SF $4.50 SF $7.50 SF $6.00 SF $9.00 SF $9.00 SF NO BID SF $6.25 SF $7.25 8 SF $6.50 SF NO BID SF $5.61 SF $4.00 SF $5.25 SF $4.20 SF $7.00 SF $5.50 SF $8.50 SF $8.50 SF NO BID SF $6.00 SF $6.55 9 SF $12.00 SF NO BID SF $10.51 SF NO BID SF $9.00 SF $7.00 SF $20.00 SF $9.00 SF $13.00 SF $30.00 SF NO BID SF $7.50 SF $10.50 10 SF $11.50 SF NO BID SF $8.01 SF $5.00 SF $12.50 SF $5.15 SF $12.00 SF $11.00 SF $16.00 SF $13.00 SF NO BID SF $8.00 SF $13.75 11 SF $11.00 SF NO BID SF $8.73 SF $5.00 SF $12.75 SF $4.70 SF $11.50 SF $10.00 SF $14.50 SF $12.00 SF NO BID SF $8.25 SF $14.25 12 SF $13.50 SF NO BID SF $9.24 SF $6.00 SF $14.00 SF $6.00 SF $12.00 SF $12.00 SF $17.50 SF $15.00 SF NO BID SF $9.25 SF $16.00 13 SF $13.00 SF NO BID SF $8.97 SF $6.00 SF $13.75 SF $5.50 SF $11.50 SF $11.00 SF $17.00 SF $14.00 SF NO BID SF $9.00 SF $1.75 14 SF $12.00 SF NO BID SF $12.35 SF NO BID SF $12.00 SF $11.20 SF $25.00 SF $12.00 SF $20.00 SF $35.00 SF NO BID SF $11.00 SF $16.00 15 EA $60.00 EA NO BID EA $77.70 EA NO BID EA $60.00 EA $40.00 EA $65.00 EA $35.00 EA $45.00 EA $60.00 EA NO BID EA $39.00 EA $75.00 16 SF $45.00 SF NO BID SF $48.51 SF $21.00 SF $50.00 SF $25.00 SF $45.00 SF $35.00 SF $18.00 SF $40.00 SF NO BID SF $24.00 SF $45.00 17 LF $125.00 LF NO BID LF NO BID LF $100.00 LF $150.00 LF $80.00 LF $125.00 LF $250.00 LF $90.00 LF $200.00 LF NO BID LF $40.00 LF $105.00 18 LF $30.00 LF NO BID LF $24.73 LF $14.00 LF $30.00 LF $22.00 LF $35.00 LF $25.00 LF $38.00 LF $40.00 LF NO BID LF $23.00 LF $34.00 19 LF $30.00 LF NO BID LF $17.38 LF NO BID LF $25.00 LF $22.00 LF $35.00 LF $22.00 LF $38.00 LF $40.00 LF NO BID LF $26.00 LF $32.00 20 LF $30.00 LF NO BID LF $25.34 LF $14.00 LF $30.00 LF $22.00 LF $35.00 LF $25.00 LF $38.00 LF $40.00 LF NO BID LF $25.00 LF $32.00 21 LF $30.00 LF NO BID LF $17.38 LF NO BID LF $25.00 LF $22.00 LF $35.00 LF $22.00 LF $38.00 LF $40.00 LF NO BID LF $26.00 LF $31.00 22 LF $25.00 LF NO BID LF $24.73 LF $16.00 LF $25.00 LF $20.00 LF $35.00 LF $25.00 LF $38.00 LF $30.00 LF NO BID LF $24.00 LF $34.00 23 LF $22.50 LF NO BID LF $17.38 LF NO BID LF $22.00 LF $20.00 LF $35.00 LF $22.00 LF $38.00 LF $22.00 LF NO BID LF $27.00 LF $33.00 24 LF $30.00 LF NO BID LF $17.38 LF $16.00 LF $30.00 LF $22.00 LF $35.00 LF $26.00 LF $38.00 LF $40.00 LF NO BID LF $25.00 LF $34.50 25 LF $30.00 LF NO BID LF $17.38 LF NO BID LF $25.00 LF $22.00 LF $35.00 LF $24.00 LF $38.00 LF $40.00 LF NO BID LF $28.00 LF $34.30 26 LF $25.00 LF NO BID LF $28.40 LF $18.00 LF $30.00 LF $22.00 LF $35.00 LF $26.00 LF $38.00 LF $35.00 LF NO BID LF $25.00 LF $37.50 27 LF $25.00 LF NO BID LF $17.99 LF NO BID LF $25.00 LF $22.00 LF $35.00 LF $24.00 LF $38.00 LF $35.00 LF NO BID LF $28.00 LF $35.00 28 LF $25.00 LF NO BID LF $25.34 LF $18.00 LF $30.00 LF $20.00 LF $30.00 LF $22.00 LF $38.00 LF $32.00 LF NO BID LF $24.00 LF $38.00 29 LF $25.00 LF NO BID LF $17.38 LF NO BID LF $25.00 LF $18.00 LF $30.00 LF $20.00 LF $38.00 LF $32.00 LF NO BID LF $26.00 LF $37.25 30 LF $35.00 LF NO BID LF $30.85 LF $18.00 LF $30.00 LF $28.00 LF $30.00 LF $32.00 LF $38.00 LF $40.00 LF NO BID LF $32.00 LF $40.00 31 LF $30.00 LF NO BID LF $22.89 LF NO BID LF $25.00 LF $28.00 LF $30.00 LF $30.00 LF $38.00 LF $40.00 LF NO BID LF $28.00 LF $39.00 32 LF $30.00 LF NO BID LF $24.73 LF NO BID LF $25.00 LF $22.00 LF $30.00 LF $25.00 LF $40.00 LF $22.00 LF $25.00 LF $22.00 LF $30.00 33 LF $11.50 LF NO BID LF $7.98 LF NO BID LF $11.00 LF $17.00 LF $12.00 LF $6.00 LF $11.00 LF $8.80 LF $19.55 LF $9.00 LF $12.00 34 LF $10.00 LF NO BID LF $3.39 LF NO BID LF $10.00 LF $15.00 LF $10.00 LF $5.00 LF $10.00 LF $3.75 LF $17.05 LF $5.00 LF $18.00 35 LF $14.50 LF NO BID LF $9.00 LF NO BID LF $14.00 LF $31.00 LF $15.00 LF $10.00 LF $14.00 LF $9.90 LF $37.00 LF $9.50 LF $18.00 36 LF $16.50 LF NO BID LF $9.00 LF NO BID LF $16.00 LF $42.00 LF $18.00 LF $16.00 LF $17.00 LF $9.90 LF $48.00 LF $11.50 LF $24.00 37 LF $13.50 LF NO BID LF $7.03 LF NO BID LF $20.00 LF $19.00 LF $14.00 LF $8.00 LF $12.00 LF $7.75 LF $21.45 LF $9.50 LF $12.10 38 LF $12.00 LF NO BID LF $2.45 LF NO BID LF $16.00 LF $17.00 LF $12.00 LF $7.00 LF $11.00 LF $2.70 LF $19.55 LF $5.00 LF $8.05 39 LF $16.50 LF NO BID LF $9.00 LF NO BID LF $18.00 LF $32.00 LF $16.00 LF $12.00 LF $15.00 LF $9.90 LF $38.00 LF $12.00 LF $24.00 40 LF $18.50 LF NO BID LF $9.00 LF NO BID LF $20.00 LF $43.00 LF $18.00 LF $17.00 LF $15.00 LF $9.90 LF $50.00 LF $13.00 LF $35.00 41 EA $1,500.00 EA NO BID EA $2,419.70 EA NO BID EA $850.00 EA $1,650.00 EA $500.00 EA $700.00 EA $600.00 EA $2,662.00 EA $1,890.00 EA $425.00 EA $820.00 42 EA $800.00 EA NO BID EA $1,194.54 EA NO BID EA $500.00 EA $1,350.00 EA $400.00 EA $550.00 EA $500.00 EA $1,314.00 EA $1,510.00 EA $400.00 EA $525.00 43 LF $4.00 LF NO BID LF $3.06 LF NO BID LF $6.00 LF $6.50 LF $3.00 LF $1.00 LF $10.00 LF $3.40 LF $7.25 LF $1.10 LF $10.50 44 LF $4.00 LF NO BID LF $2.02 LF NO BID LF $4.00 LF $2.00 LF $2.00 LF $1.50 LF $5.00 LF $2.25 LF $2.20 LF $1.55 LF $8.00 45 CY $11.00 CY NO BID CY $24.90 CY $30.00 CY $14.00 CY $13.40 CY $20.00 CY $20.00 CY $16.00 CY $16.00 CY $20.85 CY $17.00 CY $28.00 46 TN $120.00 TN NO BID TN $114.33 TN NO BID TN $175.00 TN $110.00 TN $120.00 TN $110.00 TN $100.00 TN $110.00 TN $180.00 TN $75.00 TN $215.00 47 TN $100.00 TN NO BID TN NO BID TN NO BID TN $150.00 TN $100.00 TN $85.00 TN $100.00 TN $100.00 TN $100.00 TN $110.00 TN $55.00 TN $145.00 48 CY $800.00 CY NO BID CY $728.17 CY NO BID CY $600.00 CY $560.00 CY $600.00 CY $660.00 CY $1,000.00 CY $660.00 CY $690.00 CY $425.00 CY $750.00 49 LF $2.00 LF NO BID LF $2.67 LF $5.00 LF $3.00 LF $2.00 LF $2.00 LF $10.00 LF $8.00 LF $5.00 LF $3.15 LF $2.00 LF $3.00 50 LF $10.00 LF NO BID LF $83.00 LF NO BID LF $25.00 LF $10.00 LF $15.00 LF $50.00 LF $40.00 LF $140.00 LF $130.00 LF $10.00 LF $57.00 51 SF $1.50 SF NO BID SF $0.98 SF $1.15 SF $1.00 SF $0.35 SF $1.00 SF $0.50 SF $0.75 SF $0.75 SF NO BID SF $0.38 SF $0.52 52 SF $1.00 SF NO BID SF $0.46 SF $1.00 SF $0.75 SF $0.25 SF $0.50 SF $0.40 SF $0.70 SF $0.50 SF NO BID SF $0.33 SF $0.45 53 SF $2.00 SF NO BID SF $0.60 SF $0.90 SF $1.25 SF $0.40 SF $1.25 SF $0.75 SF $1.00 SF $1.35 SF NO BID SF $0.48 SF $0.72 54 SF $1.50 SF NO BID SF $1.28 SF $0.85 SF $1.00 SF $0.38 SF $0.75 SF $0.65 SF $0.90 SF $0.95 SF NO BID SF $0.47 SF $0.58 55 SF $0.25 SF NO BID SF $0.29 SF NO BID SF $0.20 SF $0.12 SF $0.25 SF $0.30 SF $0.18 SF $0.10 SF NO BID SF $0.13 SF $0.35 56 HR $100.00 HR NO BID HR $85.01 HR NO BID HR $100.00 HR $65.00 HR $90.00 HR $93.00 HR $120.00 HR $130.00 HR $130.00 HR $85.00 HR $100.00 57 LF $30.00 LF NO BID LF $30.01 LF NO BID LF $50.00 LF $40.00 LF $35.00 LF $30.00 LF $60.00 LF NO BID LF NO BID LF $29.00 LF $75.00 58 LF $80.00 LF NO BID LF $60.64 LF NO BID LF $60.00 LF $65.00 LF $80.00 LF $55.00 LF $70.00 LF NO BID LF NO BID LF $65.00 LF $125.00 59 CY $20.00 CY NO BID CY $3.11 CY $40.00 CY $15.00 CY $7.45 CY $10.00 CY $14.00 CY $20.00 CY $25.00 CY $12.50 CY $9.50 CY $30.00 60 CY $15.00 CY NO BID CY $3.11 CY $35.00 CY $10.00 CY $6.00 CY $6.00 CY $14.00 CY $19.00 CY $25.00 CY $6.25 CY $6.50 CY $26.00 61 CY $75.00 CY NO BID CY $180.36 CY NO BID CY $150.00 CY $110.00 CY $100.00 CY $75.00 CY $40.00 CY $175.00 CY $220.00 CY $80.00 CY $250.00 62 CY $20.00 CY NO BID CY $23.50 CY NO BID CY $20.00 CY $10.75 CY $15.00 CY $10.00 CY $9.00 CY NO BID CY $27.00 CY $12.00 CY $35.00 63 CY $20.00 CY NO BID CY $23.50 CY NO BID CY $20.00 CY $10.75 CY $20.00 CY $10.00 CY $10.00 CY NO BID CY $27.00 CY $12.00 CY $38.00 64 CY $15.00 CY NO BID CY $28.69 CY NO BID CY $20.00 CY $9.90 CY $12.00 CY $10.00 CY $9.00 CY NO BID CY $27.00 CY $12.00 CY $38.00 65 CY $15.00 CY NO BID CY $15.27 CY NO BID CY $20.00 CY $10.75 CY $15.00 CY $10.00 CY $10.00 CY NO BID CY $27.00 CY $12.00 CY $40.00 66 CY $75.00 CY NO BID CY $180.36 CY NO BID CY $150.00 CY $75.00 CY $100.00 CY $75.00 CY $25.00 CY NO BID CY $200.00 CY $80.00 CY $175.00 67 TN $140.00 TN NO BID TN $169.07 TN NO BID TN $160.00 TN $125.00 TN $165.00 TN $120.00 TN NO BID TN $145.00 TN $280.00 TN $185.00 TN $295.00 68 SY $4.50 SY NO BID SY $2.74 SY NO BID SY $6.00 SY $2.05 SY $10.00 SY $4.00 SY NO BID SY $3.50 SY $120.00 SY $5.50 SY $12.50 69 SY $34.50 SY NO BID SY $2.41 SY NO BID SY $40.00 SY $15.00 SY $35.00 SY $31.00 SY NO BID SY $27.00 SY $26.00 SY $25.00 SY $18.00 70 EA $900.00 EA NO BID EA $268.58 EA NO BID EA $750.00 EA $350.00 EA $350.00 EA $500.00 EA NO BID EA $375.00 EA $680.00 EA $325.00 EA $575.00 71 LF $50.00 LF NO BID LF NO BID LF NO BID LF $60.00 LF $95.00 LF $65.00 LF $35.00 LF $65.00 LF $77.00 LF $110.00 LF $48.00 LF $185.00 72 LF $50.00 LF NO BID LF $26.93 LF NO BID LF $60.00 LF $63.00 LF $35.00 LF $35.00 LF $65.00 LF $30.00 LF $73.00 LF $38.00 LF $85.00 73 LF $75.00 LF NO BID LF NO BID LF NO BID LF $70.00 LF $140.00 LF $75.00 LF $45.00 LF $75.00 LF $82.50 LF $160.00 LF $62.00 LF $225.00 74 LF $75.00 LF NO BID LF $32.04 LF NO BID LF $70.00 LF $84.00 LF $50.00 LF $45.00 LF $75.00 LF $35.25 LF $97.00 LF $58.00 LF $100.00 75 a LF $1.25 LF NO BID LF $1.10 LF $1.10 LF $1.10 LF $1.00 LF $1.25 LF $0.90 LF NO BID LF $1.15 LF $1.05 LF $0.98 LF $1.05 b LF $1.25 LF NO BID LF $1.10 LF $1.10 LF $1.10 LF $1.00 LF $1.25 LF $0.90 LF NO BID LF $1.15 LF $1.05 LF $0.98 LF $1.05 c LF $1.75 LF NO BID LF $1.35 LF $1.30 LF $1.65 LF $1.05 LF $2.00 LF $1.00 LF NO BID LF $1.75 LF $1.20 LF $1.30 LF $1.75 d LF $2.00 LF NO BID LF $2.57 LF $2.50 LF $2.20 LF $1.62 LF $2.50 LF $1.60 LF NO BID LF $2.30 LF $1.90 LF $2.00 LF $1.85 e LF $2.50 LF NO BID LF $3.31 LF $3.25 LF $3.30 LF $2.70 LF $3.50 LF $2.70 LF NO BID LF $3.45 LF $3.15 LF $4.00 LF $3.05 f LF $3.50 LF NO BID LF $3.31 LF $3.25 LF $3.30 LF $2.70 LF $3.50 LF $2.70 LF NO BID LF $3.45 LF $3.15 LF $4.00 LF $3.05 g LF $3.50 LF NO BID LF $6.43 LF $6.30 LF $7.25 LF $3.80 LF $8.00 LF $3.80 LF NO BID LF $7.70 LF $4.40 LF $4.50 LF $5.00 76 a EA $85.00 EA NO BID EA $91.89 EA $90.00 EA $80.00 EA $91.00 EA $100.00 EA $92.00 EA NO BID EA $80.85 EA $110.00 EA $75.00 EA $80.00 b EA $85.00 EA NO BID EA $104.14 EA $100.00 EA $80.00 EA $91.00 EA $100.00 EA $92.00 EA NO BID EA $80.85 EA $110.00 EA $75.00 EA $80.00 c EA $150.00 EA NO BID EA $208.28 EA $200.00 EA $145.00 EA $95.00 EA $180.00 EA $97.00 EA NO BID EA $150.15 EA $110.00 EA $110.00 EA $135.00 d EA $190.00 EA NO BID EA $349.17 EA $340.00 EA $180.00 EA $135.00 EA $200.00 EA $135.00 EA NO BID EA $190.30 EA $160.00 EA $150.00 EA $175.00 e EA $370.00 EA NO BID EA $520.70 EA $500.00 EA $350.00 EA $135.00 EA $400.00 EA $135.00 EA NO BID EA $369.60 EA $160.00 EA $250.00 EA $240.00 f EA $250.00 EA NO BID EA $520.70 EA $500.00 EA $195.00 EA $135.00 EA $250.00 EA $135.00 EA NO BID EA $202.40 EA $160.00 EA $175.00 EA $200.00 g EA $200.00 EA NO BID EA $275.66 EA $270.00 EA $160.00 EA $135.00 EA $200.00 EA $135.00 EA NO BID EA $167.20 EA $160.00 EA $180.00 EA $150.00 h EA $250.00 EA NO BID EA $275.66 EA $270.00 EA $210.00 EA $130.00 EA $300.00 EA $130.00 EA NO BID EA $218.90 EA $150.00 EA $130.00 EA $175.00 i EA $450.00 EA NO BID EA $428.81 EA $420.00 EA $410.00 EA $378.00 EA $500.00 EA $378.00 EA NO BID EA $440.00 EA $440.00 EA $150.00 EA $275.00 j EA $250.00 EA NO BID EA $238.91 EA $235.00 EA $195.00 EA $189.00 EA $250.00 EA $189.00 EA NO BID EA $202.40 EA $220.00 EA $130.00 EA $150.00 77 a EA $6.25 EA NO BID EA $5.51 EA $5.50 EA $5.80 EA $5.40 EA $6.00 EA $5.50 EA NO BID EA $5.75 EA $6.30 EA $5.50 EA $7.25 b EA $6.25 EA NO BID EA $5.51 EA $5.50 EA $5.80 EA $5.40 EA $6.00 EA $5.50 EA NO BID EA $5.75 EA $6.30 EA $5.25 EA $7.00 c EA $6.25 EA NO BID EA $5.51 EA $5.50 EA $5.80 EA $5.40 EA $6.00 EA $5.50 EA NO BID EA $5.75 EA $6.30 EA $5.30 EA $6.00 78 a EA $6.25 EA NO BID EA $6.74 EA $6.50 EA $5.80 EA $6.20 EA $6.00 EA $6.20 EA NO BID EA $5.75 EA $7.25 EA $6.30 EA $7.25 b EA $6.25 EA NO BID EA $6.74 EA $6.50 EA $5.80 EA $6.20 EA $6.00 EA $6.20 EA NO BID EA $5.75 EA $7.25 EA $5.50 EA $6.50 c EA $6.25 EA NO BID EA $6.74 EA $6.50 EA $5.80 EA $6.20 EA $6.00 EA $6.20 EA NO BID EA $5.75 EA $7.25 EA $5.80 EA $6.50 79 a LF $0.50 LF NO BID LF $0.34 LF $0.35 LF $0.40 LF $0.32 LF $1.00 LF $0.35 LF NO BID LF $0.40 LF $0.40 LF $0.40 LF $0.65 b LF $0.50 LF NO BID LF $0.34 LF $0.35 LF $0.40 LF $0.32 LF $1.00 LF $0.35 LF NO BID LF $0.40 LF $0.40 LF $0.40 LF $0.65 c LF $0.75 LF NO BID LF $0.47 LF $0.45 LF $0.45 LF $0.40 LF $1.00 LF $0.40 LF NO BID LF $0.45 LF $0.45 LF $0.40 LF $0.85 d LF $0.75 LF NO BID LF $0.55 LF $0.55 LF $0.55 LF $0.40 LF $1.00 LF $0.40 LF NO BID LF $0.60 LF $0.45 LF $0.80 LF $0.90 e LF $1.00 LF NO BID LF $0.67 LF $0.65 LF $0.90 LF $0.40 LF $1.00 LF $0.40 LF NO BID LF $0.95 LF $0.45 LF $0.80 LF $0.90 f LF $0.50 LF NO BID LF $0.47 LF $0.45 LF $0.45 LF $0.40 LF $1.00 LF $0.40 LF NO BID LF $0.45 LF $0.45 LF $0.45 LF $0.90 g LF $2.00 LF NO BID LF $1.41 LF $1.40 LF $1.55 LF $1.10 LF $2.00 LF $1.10 LF NO BID LF $1.65 LF $1.25 LF $1.50 LF $1.50 h LF $1.50 LF NO BID LF $0.92 LF $0.90 LF $1.10 LF $0.80 LF $1.50 LF $0.80 LF NO BID LF $1.15 LF $0.95 LF $1.00 LF $1.25 i LF $2.00 LF NO BID LF $1.41 LF $1.40 LF $1.55 LF $1.10 LF $2.00 LF $1.10 LF NO BID LF $1.60 LF $1.25 LF $1.50 LF $1.50 j LF $4.00 LF NO BID LF $1.72 LF $1.70 LF $3.30 LF $1.95 LF $4.00 LF $1.95 LF NO BID LF $3.45 LF $2.25 LF $2.00 LF $1.85 80 a EA $175.00 EA NO BID EA $61.26 EA $60.00 EA $145.00 EA $48.60 EA $200.00 EA $49.00 EA NO BID EA $154.00 EA $57.00 EA $55.00 EA $65.00 b EA $85.00 EA NO BID EA $36.76 EA $35.00 EA $80.00 EA $43.00 EA $150.00 EA $43.00 EA NO BID EA $81.40 EA $50.00 EA $23.00 EA $45.00 kgonzalez@waypointci.com 561.510.3800 stevejr@bdimarineandsite.com WAYPOINT CONTRACTING 81-4602789 Doral, FL Yes Yes Katrina Gonzalez 786.608.1406 SOUTH FLORIDA BUILDING 47-3298344 Hobe Sound, FL Yes Yes Stephen Zippi 561.588.6681 nancy@randdpaving.com RANGER CONSTRUCTION 59-2098662 West Palm Beach, FL Yes Yes F. Scott Fowler 561.793.9400 estimating@rangerconstruction.com R& D PAVING, LLC 45-4469049 West Palm Beach, FL Yes Yes Nancy G. Rosso 561.686.3948 edo@murraylogan.com Yes Chase Rogers 561.640.3503 SCHEDULE OF VALUES howard@foster-marine.net Van C. Williams YesYes Traffic Paint Lines Black, 6" Arrows and Messages - White (Furnish and Install) MURRAY LOGAN CONST 59-1208353 West Palm Beach, FL Yes Handicap message Straight arrow Straight/Turn arrows; combination Merge message RXR message Yes Raised Reflective Pavement Markers - Thermoplastic White, 4" Red and amber; bi-directional Amber; bi-directional White and red; bi-directional Yellow, 4" White, 6" Raised Reflective Pavement Markers - Epoxy White and red; bi-directional School message Only message U-Turn message Bike lane symbol (diamond, arrow) Blue, 6" Adjust manhole to grade Jack and bore - 4" Directional bore - 4" Jack and bore - 6" Directional bore - 6" White, 24" Arrows and Messages - White Only, Furnish & Install PAVEMENT MARKING Thermoplastic Pavement Marking, Compound Lines White, 6" Yellow, 6" Lake canal bank restoration (wash out repair) F&I, Type SIII asphalt overlay - 1" White, 8" White, 12" White, 18" Yellow, 18" Mill existing pavement (3/4" - 1" avg) Pavement replacement w/2" Type S FDOT guard rail with no end treatment FDOT guard rail with end treatment Re-grade swales - up to 1,000 CY Re-grade swales - over 1,000 CY Canal wash out repair (sand and silt) Turn arrow Canal excavation (60' ROW) - up to 1,000 CY Canal excavation (100' ROW) - up to 1,000 CY Canal excavation (0' ROW) - over 1,000 CY Canal excavation (100' ROW) - over 1,000 CY F&I, Bahia sod - up to 1,000 SF F&I, Bahia sod - over 1,000 SF F&I, Floratam sod - up to 1,000 SF F&I, Floratam sod - over 1,000 SF F&I, FDOT seed and mulch mix Furnish operator, water truck and irrigate sod or seed mix Special saw cuts for pavement and concrete Removal and disposal of existing driveway culvert pipe F&I, pull wire within conduit Installation only of conduit - 2" (18" - 24" depth) F&I, conduit - 4" (18" - 24" depth) Installation 2' x 2' pull boxes F&I, tracing wire within conduit (#12 Cu) Supply, place and compact clean fill F&I, conduit - 2" (18" - 24" depth) F&I, natural stone riprap w/filter fabric F&I, broken concrete riprap w/filter fabric Supply and install sand-cement riprap w/filter fabric F&I, conduit - 6" (18" - 24" depth) F&I, conduit - 2" (24" - 36" depth) Installation only of conduit - 2" (24" - 36" depth) F&I, conduit - 4" (24" - 36" depth) F&I, conduit - 6" (24" - 36" depth) F&I, 2' x 2' pull boxes (includes weeps and ground rods) F&I, FDOT Type "F" curb - by hand F&I, FDOT Type "F" curb - by machine F&I, ADA-compliant welded aluminum handrail F&I, FDOT Type "A" curb - by hand F&I, FDOT Type "A" curb - by machine F&I, FDOT Type "B" curb - by hand F&I, FDOT Type "D" curb - by hand F&I, FDOT Type "B" curb - by machine F&I, 6" stamped concrete with wire F&I, 8" pervious concrete F&I, FDOT concrete bumper guard F&I, ADA-compliant detectable surface F&I, FDOT Type "E" curb - by hand F&I, FDOT Type "E" curb - by machine F&I, FDOT Shoulder Gutter - by machine F&I, FDOT asphaltic concrete curb F&I, 4" stamped concrete with wire Yes Shawn Cunningham jciabattari@ferreiraconstruction.com F&I, 4" stamped concrete without wire shawn@flyingscotinc.com F&I, FDOT Valley Gutter - by hand F&I, 6" stamped concrete with wire Yes Thomas Uhrig 561.471.4100 Vendor Contact Addenda Acknowledged (Yes/No): Vendor Contact Phone Number F&I, FDOT valley Gutter - by machine F&I, FDOT Shoulder Gutter - by hand Red and amber; bi-directional Amber; bi-directional Edward OLeary jwctom@jwcheatham.comrudy@heavycivilinc.com F&I, 6" concrete with polypropylene fiber mix reinforce F&I, 6" concrete without wire Removal, saw cut, and disposal of 6" thick concrete F&I, 6" concrete with wire HINTERLAND GROUP 20-5156844 Riviera Beach, FL Yes HEAVY CIVIL, INC.JW CHEATHAM, LLC 20-1928479 West Palm Beach, FL Yes FLYING SCOT 65-1070173 Wellington, FL Yes info@hinterlandgroup.com F&I, 6" pervious concrete Yes Todd Kneisel 954.597.6443 FERREIRA CONSTRUCTION 22-333495 Branchburg, NJ Yes 46-5439171 Pompano Beach, FL Yes F&I, 4" concrete with wire Vendor Contact Email DESCRIPTION F&I, 4" concrete without wire jackie@deevaninc.comsteve@dseakins.com FOSTER MARINE CONT 59-1054370 Wellington, FL 561.683.0034 Yes Yes R. Howard Wight Lake Park, FL 59-1691997 Lake Park, FL Removal, saw cut, and disposal of 4" thick concrete Vendor FEIN Yes Corporation Address (State): Are Submittal Forms Complete?Yes 65-0101816 ITB No.: Bid Title: Prepared by: VENDOR NAME D.S. EAKINS CONST CORPNote: When all prices are entered, highlight low priced vendor in yellow (and if applicable, green for secondary, blue for tertiary). Bid Opening Date: August 28, 2020 @ 3:00 P.M. DEEVAN, INC. F&I, 4" concrete with polypropylene fiber mix reinforce Straight/Combo Arrow Turn arrow F&I, FDOT Type "D" curb - by machine Yellow, 6" D. Steven Eakins, Jr. 561.842.0001 John Ciabattari 772.286.5123 Yes 561.966.0089561.844.5518 White, 18" White, 12" Yellow, 18" White , 24" AREAS OF SPECIFIC WORK ITB2020-124PS Miscellaneous Public Works Projects Km! Ra WAYPOINT CONTRACTING 81-4602789 SOUTH FLORIDA BUILDING 47-3298344 RANGER CONSTRUCTION 59-2098662 R& D PAVING, LLC 45-4469049 MURRAY LOGAN CONST 59-1208353 HINTERLAND GROUP 20-5156844 HEAVY CIVIL, INC.JW CHEATHAM, LLC 20-1928479 FLYING SCOT 65-1070173 FERREIRA CONSTRUCTION 22-333495 46-5439171 FOSTER MARINE CONT 59-105437059-1691997Vendor FEIN 65-0101816 ITB No.: Bid Title: Prepared by: VENDOR NAME D.S. EAKINS CONST CORPNote: When all prices are entered, highlight low priced vendor in yellow (and if applicable, green for secondary, blue for tertiary). Bid Opening Date: August 28, 2020 @ 3:00 P.M. DEEVAN, INC. c EA $200.00 EA NO BID EA $153.15 EA $150.00 EA $175.00 EA $76.00 EA $200.00 EA $76.00 EA NO BID EA $178.20 EA $88.00 EA $44.00 EA $70.00 d EA $30.00 EA NO BID EA $1.23 EA $1.20 EA $30.00 EA $5.40 EA $40.00 EA $5.50 EA NO BID EA $29.15 EA $6.30 EA $2.00 EA $2.50 e EA $35.00 EA NO BID EA $1.53 EA $1.50 EA $35.00 EA $5.40 EA $50.00 EA $5.50 EA NO BID EA $33.55 EA $6.30 EA $2.00 EA $3.00 f EA $40.00 EA NO BID EA $1.84 EA $1.80 EA $40.00 EA $5.40 EA $55.00 EA $5.50 EA NO BID EA $37.40 EA $6.30 EA $2.00 EA $5.00 g EA $45.00 EA NO BID EA $2.21 EA $2.15 EA $40.00 EA $5.40 EA $65.00 EA $5.50 EA NO BID EA $41.80 EA $6.30 EA $2.20 EA $6.75 h EA $90.00 EA NO BID EA $3.49 EA $10.25 EA $80.00 EA $7.55 EA $90.00 EA $7.50 EA NO BID EA $81.40 EA $8.85 EA $3.50 EA $7.20 81 a EA $30.00 EA NO BID EA $1.04 EA $1.00 EA $25.00 EA $3.30 EA $35.00 EA $3.25 EA NO BID EA $25.30 EA $3.80 EA $2.10 EA $2.50 b EA $30.00 EA NO BID EA $1.23 EA $1.20 EA $27.50 EA $3.30 EA $40.00 EA $3.25 EA NO BID EA $28.90 EA $3.80 EA $2.60 EA $3.00 c EA $35.00 EA NO BID EA $1.53 EA $1.50 EA $32.00 EA $3.80 EA $45.00 EA $3.75 EA NO BID EA $33.55 EA $4.40 EA $4.00 EA $4.75 d EA $45.00 EA NO BID EA $2.21 EA $2.15 EA $39.00 EA $6.60 EA $50.00 EA $6.50 EA NO BID EA $40.70 EA $7.55 EA $6.00 EA $5.75 e EA $140.00 EA NO BID EA $10.41 EA $10.25 EA $135.00 EA $11.00 EA $150.00 EA $11.00 EA NO BID EA $138.60 EA $12.60 EA $12.50 EA $12.00 82 a SF $2.50 SF NO BID SF $11.33 SF $11.00 SF $2.20 SF $3.25 SF $3.00 SF $3.25 SF NO BID SF $2.30 SF $3.80 SF $2.50 SF $2.25 b SF $2.50 SF NO BID SF $4.53 SF $4.50 SF $2.20 SF $3.25 SF $3.00 SF $3.25 SF NO BID SF $2.30 SF $3.80 SF $3.00 SF $2.45 c SF $3.00 SF NO BID SF $226.66 SF $200.00 SF $2.75 SF $3.25 SF $3.25 SF $3.25 SF NO BID SF $2.75 SF $3.80 SF $3.50 SF $3.15 d LF $1.50 LF NO BID LF $3.49 LF $3.50 LF $1.40 LF $1.10 LF $2.00 LF $1.10 LF NO BID LF $1.40 LF $1.25 LF $2.00 LF $2.55 e EA $1.00 EA NO BID EA $2.21 EA $2.15 EA $0.85 EA $0.55 EA $1.50 EA $0.55 EA NO BID EA $0.85 EA $0.65 EA $1.50 EA $3.50 83 a LF $10.00 LF NO BID LF $6.74 LF $6.50 LF $8.80 LF $2.15 LF $20.00 LF $2.25 LF NO BID LF $9.90 LF $2.50 LF $25.00 LF $8.75 b EA $250.00 EA NO BID EA $594.21 EA $580.00 EA $225.00 EA $86.40 EA $250.00 EA $87.00 EA NO BID EA $236.50 EA $100.00 EA $600.00 EA $460.00 c EA $150.00 EA NO BID EA $91.89 EA $90.00 EA $120.00 EA $43.20 EA $150.00 EA $43.00 EA NO BID EA $127.60 EA $50.00 EA $220.00 EA $220.00 84 a LF $11.00 LF NO BID LF $12.25 LF $9.50 LF $10.50 LF $8.65 LF $15.00 LF $8.70 LF NO BID LF $11.00 LF $10.10 LF $8.50 LF $9.15 b LF $13.00 LF NO BID LF $16.85 LF $12.00 LF $12.25 LF $8.65 LF $16.00 LF $8.70 LF NO BID LF $12.95 LF $10.10 LF $10.00 LF $12.85 c LF $21.50 LF NO BID LF $9.80 LF $16.50 LF $21.00 LF $16.20 LF $25.00 LF $16.00 LF NO BID LF $22.00 LF $18.90 LF $17.00 LF $17.45 d LF $28.50 LF NO BID LF $12.25 LF $18.00 LF $27.00 LF $21.60 LF $30.00 LF $22.00 LF NO BID LF $28.60 LF $25.00 LF $25.00 LF $25.25 e LF $35.00 LF NO BID LF $16.85 LF $22.25 LF $33.00 LF $34.55 LF $35.00 LF $35.00 LF NO BID LF $34.65 LF $40.00 LF $28.00 LF $28.05 f LF $850.00 LF NO BID LF $91.89 LF $600.00 LF $800.00 LF $405.00 LF $800.00 LF $4.05 LF NO BID LF $792.00 LF $470.00 LF $5.10 LF $750.00 g LF $350.00 LF NO BID LF $45.33 LF $280.00 LF $335.00 LF $205.00 LF $350.00 LF $205.00 LF NO BID LF $346.50 LF $240.00 LF $2.10 LF $315.00 85 a EA $250.00 EA NO BID EA $289.14 EA $690.00 EA $250.00 EA $405.00 EA $250.00 EA $405.00 EA NO BID EA $231.00 EA $470.00 EA $525.00 EA $675.00 b LF $15.00 LF NO BID LF $704.47 LF $18.00 LF $14.00 LF $6.50 LF $20.00 LF $6.50 LF NO BID LF $16.50 LF $7.55 LF $14.00 LF $15.85 c EA $110.00 EA NO BID EA $18.38 EA $225.00 EA $100.00 EA $52.90 EA $125.00 EA $53.00 EA NO BID EA $103.40 EA $62.00 EA $75.00 EA $105.00 d LF $1.75 LF NO BID LF $226.66 LF $3.25 LF $1.60 LF $0.80 LF $2.00 LF $0.80 LF NO BID LF $1.75 LF $0.95 LF $2.50 LF $3.05 86 a LF $1.00 LF NO BID LF $3.31 LF $0.45 LF $0.85 LF $0.40 LF $1.20 LF $0.40 LF NO BID LF $0.90 LF $0.45 LF $0.38 LF $0.50 b LF $1.50 LF NO BID LF $0.47 LF $1.40 LF $1.25 LF $1.15 LF $1.50 LF $1.15 LF NO BID LF $1.35 LF $1.30 LF $1.08 LF $1.30 c LF $1.75 LF NO BID LF $1.41 LF $0.55 LF $1.55 LF $0.55 LF $2.00 LF $0.55 LF NO BID LF $1.60 LF $0.65 LF $0.45 LF $0.68 d LF $2.00 LF NO BID LF $0.55 LF $1.70 LF $1.85 LF $1.35 LF $2.00 LF $1.35 LF NO BID LF $1.90 LF $1.60 LF $1.35 LF $1.75 e LF $2.00 LF NO BID LF $1.72 LF $1.70 LF $1.85 LF $1.35 LF $2.00 LF $1.35 LF NO BID LF $1.90 LF $1.60 LF $1.35 LF $1.75 f LF $1.75 LF NO BID LF $0.80 LF $0.80 LF $1.65 LF $0.65 LF $2.00 LF $0.65 LF NO BID LF $1.75 LF $0.75 LF $0.86 LF $1.00 g LF $2.75 LF NO BID LF $2.57 LF $2.50 LF $2.55 LF $1.90 LF $3.00 LF $1.90 LF NO BID LF $2.65 LF $2.20 LF $2.18 LF $2.55 h LF $2.75 LF NO BID LF $1.47 LF $1.45 LF $2.50 LF $1.10 LF $3.00 LF $1.10 LF NO BID LF $2.65 LF $1.25 LF $1.42 LF $2.30 i LF $4.00 LF NO BID LF $3.49 LF $3.45 LF $3.80 LF $2.70 LF $4.00 LF $2.70 LF NO BID LF $4.00 LF $3.15 LF $3.25 LF $3.50 j LF $4.00 LF NO BID LF $1.72 LF $1.70 LF $3.65 LF $2.15 LF $5.00 LF $2.15 LF NO BID LF $3.80 LF $2.50 LF $1.79 LF $2.15 k LF $8.50 LF NO BID LF $6.43 LF $6.30 LF $7.70 LF $4.32 LF $8.00 LF $4.30 LF NO BID LF $8.10 LF $5.05 LF $4.60 LF $5.25 l LF $1.00 LF NO BID LF $0.47 LF $0.45 LF $0.85 LF $0.40 LF $1.25 LF $0.40 LF NO BID LF $0.90 LF $0.45 LF $0.41 LF $0.50 m LF $1.50 LF NO BID LF $1.41 LF $1.40 LF $1.25 LF $1.15 LF $1.50 LF $1.15 LF NO BID LF $1.35 LF $1.30 LF $1.12 LF $1.00 n LF $3.00 LF NO BID LF $1.47 LF $1.45 LF $2.50 LF $1.10 LF $3.00 LF $1.10 LF NO BID LF $2.70 LF $1.25 LF $0.80 LF $2.00 o LF $4.50 LF NO BID LF $3.49 LF $3.40 LF $3.80 LF $2.70 LF $4.00 LF $2.70 LF NO BID LF $4.00 LF $3.15 LF $3.10 LF $3.50 p LF $1.00 LF NO BID LF $0.59 LF $0.60 LF $1.00 LF $0.40 LF $1.50 LF $0.40 LF NO BID LF $1.00 LF $0.45 LF $0.50 LF $0.50 q LF $1.50 LF NO BID LF $1.10 LF $1.10 LF $1.35 LF $1.15 LF $2.00 LF $1.15 LF NO BID LF $1.40 LF $1.30 LF $1.10 LF $1.05 r LF $1.00 LF NO BID LF $0.59 LF $0.60 LF $1.00 LF $0.40 LF $1.50 LF $0.40 LF NO BID LF $1.00 LF $0.45 LF $0.43 LF $0.55 s LF $1.50 LF NO BID LF $1.10 LF $1.10 LF $1.35 LF $1.15 LF $2.00 LF $1.15 LF NO BID LF $1.40 LF $1.30 LF $1.25 LF $1.05 t LF $1.00 LF NO BID LF $0.59 LF $0.60 LF $1.00 LF $0.40 LF $1.50 LF $0.40 LF NO BID LF $1.00 LF $0.45 LF $0.52 LF $0.58 u LF $1.50 LF NO BID LF $1.10 LF $1.10 LF $3.35 LF $1.15 LF $2.00 LF $1.15 LF NO BID LF $1.40 LF $1.30 LF $1.10 LF $1.30 v LF $1.00 LF NO BID LF $0.59 LF $0.60 LF $1.00 LF $0.40 LF $1.50 LF $0.40 LF NO BID LF $1.00 LF $0.45 LF $1.25 LF $0.55 w LF $1.50 LF NO BID LF $1.10 LF $1.10 LF $1.35 LF $1.15 LF $2.00 LF $1.15 LF NO BID LF $1.40 LF $1.30 LF $0.50 LF $1.30 x LF $1.00 LF NO BID LF $0.59 LF $0.60 LF $1.00 LF $0.40 LF $1.50 LF $0.40 LF NO BID LF $1.00 LF $0.45 LF $1.25 LF $0.65 y LF $1.50 LF NO BID LF $1.10 LF $1.10 LF $1.35 LF $1.15 LF $2.00 LF $1.15 LF NO BID LF $1.40 LF $1.30 LF $5.50 LF $1.25 z EA $6.50 EA NO BID EA $5.21 EA $5.10 EA $5.80 EA $5.40 EA $7.50 EA $5.50 EA NO BID EA $5.75 EA $6.30 EA $38.50 EA $5.75 aa EA $90.00 EA NO BID EA $36.76 EA $36.00 EA $85.00 EA $59.40 EA $100.00 EA $60.00 EA NO BID EA $85.80 EA $69.00 EA $75.00 EA $47.00 ab EA $90.00 EA NO BID EA $91.89 EA $90.00 EA $85.00 EA $102.00 EA $100.00 EA $103.00 EA NO BID EA $85.80 EA $120.00 EA $450.00 EA $85.00 ac SETS $450.00 SETS NO BID SETS $483.94 SETS $470.00 SETS $425.00 SETS $380.00 SETS $500.00 SETS $378.00 SETS NO BID SETS $426.80 SETS $440.00 SETS $77.00 SETS $500.00 ad EA $200.00 EA NO BID EA $226.66 EA $220.00 EA $165.00 EA $54.00 EA $250.00 EA $54.00 EA NO BID EA $178.20 EA $63.00 EA $23.50 EA $82.00 ae SY $25.00 SY NO BID SY $24.50 SY $25.00 SY $22.00 SY $5.40 SY $35.00 SY $5.50 SY NO BID SY $23.10 SY $6.30 SY $23.70 SY $27.50 87 HR $325.00 HR $280.00 HR $556.46 HR NO BID HR $350.00 HR $340.00 HR $290.00 HR $425.00 HR $350.00 HR $450.00 HR $470.00 HR $370.00 HR $575.00 88 HR $350.00 HR $300.00 HR $573.58 HR NO BID HR $400.00 HR $340.00 HR $290.00 HR $425.00 HR $350.00 HR $450.00 HR $470.00 HR $370.00 HR $595.00 89 HR $400.00 HR NO BID HR $586.22 HR NO BID HR $450.00 HR $385.00 HR $350.00 HR $445.00 HR $375.00 HR $500.00 HR $680.00 HR $410.00 HR $885.00 90 HR $450.00 HR NO BID HR $586.22 HR NO BID HR $450.00 HR $385.00 HR $350.00 HR $445.00 HR $375.00 HR $500.00 HR $680.00 HR $470.00 HR $975.00 91 HR $299.00 HR NO BID HR $573.58 HR NO BID HR $350.00 HR $340.00 HR $290.00 HR $425.00 HR $350.00 HR $450.00 HR $470.00 HR $365.00 HR $550.00 92 HR $50.00 HR $60.00 HR $134.03 HR NO BID HR $50.00 HR $250.00 HR $45.00 HR $40.00 HR $55.00 HR $50.00 HR $220.00 HR $62.00 HR $175.00 93 SF $6.50 SF NO BID SF $4.33 SF NO BID SF $9.00 SF $4.00 SF $8.00 SF $6.00 SF $12.00 SF $20.00 SF $7.80 SF $2.10 SF $12.75 94 HR $80.00 HR NO BID HR $123.44 HR NO BID HR $75.00 HR $61.00 HR $58.00 HR $78.00 HR $65.00 HR $85.00 HR $76.00 HR $72.00 HR $85.00 95 TN $140.00 TN NO BID TN 169..07 TN NO BID TN $140.00 TN $125.00 TN $225.00 TN $120.00 TN NO BID TN $122.00 TN $120.00 TN $3.50 TN $295.00 96 SY $4.50 SY NO BID SY $2.74 SY NO BID SY $3.00 SY $2.05 SY $8.00 SY $4.00 SY NO BID SY $2.50 SY $8.40 SY $2.00 SY $12.50 97 PER DAY $20.00 PER DAY NO BID PER DAY $24.74 PER DAY NO BID PER DAY $15.00 PER DAY $11.00 PER DAY $65.00 PER DAY $14.00 PER DAY $175.00 PER DAY $15.00 PER DAY $100.00 PER DAY $95.00 PER DAY $45.00 98 PER DAY $30.00 PER DAY NO BID PER DAY $24.51 PER DAY NO BID PER DAY $30.00 PER DAY $22.00 PER DAY $85.00 PER DAY $23.00 PER DAY $250.00 PER DAY $27.00 PER DAY $100.00 PER DAY $100.00 PER DAY $55.00 99 PER DAY $75.00 PER DAY NO BID PER DAY $0.66 PER DAY NO BID PER DAY $0.30 PER DAY $25.00 PER DAY $1.00 PER DAY $50.00 PER DAY $100.00 PER DAY $0.25 PER DAY $130.00 PER DAY $100.00 PER DAY $20.00 100 PER DAY $0.75 PER DAY NO BID PER DAY $1.97 PER DAY NO BID PER DAY $0.50 PER DAY $1.10 PER DAY $5.00 PER DAY $0.60 PER DAY $2.00 PER DAY $0.30 PER DAY $1.00 PER DAY $15.00 PER DAY $345.00 101 PER DAY $1.00 PER DAY NO BID PER DAY $1.97 PER DAY NO BID PER DAY $0.60 PER DAY $1.65 PER DAY $5.00 PER DAY $0.90 PER DAY $6.00 PER DAY $0.55 PER DAY $5.00 PER DAY $175.00 PER DAY $52.00 102 PER DAY $75.00 PER DAY NO BID PER DAY $566.32 PER DAY NO BID PER DAY $5.00 PER DAY $33.00 PER DAY $200.00 PER DAY $60.00 PER DAY $50.00 PER DAY $75.00 PER DAY $500.00 PER DAY $225.00 PER DAY $65.00 103 PER CENT 10%PER CENT NO BID PER CENT $6,000.00 PER CENT 18%PER CENT 15%PER CENT 10%PER CENT 10%PER CENT 10%PER CENT $10 PER CENT 15%PER CENT 11%PER CENT $10 PER CENT 15.70% 1 HR $250.00 HR NO BID HR $166.73 HR $200.00 HR $250.00 HR $200.00 HR $150.00 HR $200.00 HR $180.00 HR $150.00 HR $240.00 HR $180.00 HR $285.00 2 HR $350.00 HR NO BID HR $261.49 HR $260.00 HR $350.00 HR $300.00 HR $220.00 HR $300.00 HR $220.00 HR $200.00 HR $320.00 HR $220.00 HR $428.00 3 HR $80.00 HR $90.00 HR $126.42 HR $80.00 HR $80.00 HR $81.00 HR $95.00 HR $90.00 HR $70.00 HR $65.00 HR $96.00 HR $72.00 HR $87.50 4 HR $75.00 HR $80.00 HR $93.87 HR $60.00 HR $75.00 HR $72.00 HR $75.00 HR $80.00 HR $55.00 HR $50.00 HR $85.00 HR $65.00 HR $72.50 5 HR $65.00 HR NO BID HR $87.07 HR NO BID HR $60.00 HR $60.00 HR $75.00 HR $75.00 HR $65.00 HR $100.00 HR $50.00 HR $48.00 HR $70.00 6 HR $65.00 HR $45.00 HR $44.03 HR $40.00 HR $40.00 HR $30.00 HR $35.00 HR $32.00 HR $36.00 HR $35.00 HR $40.00 HR $40.00 HR $47.50 7 HR $35.00 HR $35.00 HR $40.65 HR $30.00 HR $35.00 HR $26.00 HR $30.00 HR $25.00 HR $26.00 HR $28.00 HR $35.00 HR $30.00 HR $38.95 8 HR $150.00 HR NO BID HR NO BID HR NO BID HR $175.00 HR $85.00 HR $100.00 HR $120.00 HR $125.00 HR $100.00 HR $140.00 HR $80.00 HR $175.00 9 HR $80.00 HR $60.00 HR $85.07 HR $60.00 HR $85.00 HR $30.00 HR $65.00 HR $80.00 HR $75.00 HR $75.00 HR $95.00 HR $65.00 HR $95.00 10 HR $80.00 HR NO BID HR $88.40 HR NO BID HR $85.00 HR $35.00 HR $65.00 HR $115.00 HR $85.00 HR $100.00 HR $90.00 HR $65.00 HR $95.00 11 HR $140.00 HR $130.00 HR $127.62 HR NO BID HR $140.00 HR $100.00 HR $125.00 HR $145.00 HR $130.00 HR $175.00 HR $170.00 HR $60.00 HR $165.00 12 HR $80.00 HR NO BID HR $123.46 HR $80.00 HR $75.00 HR $65.00 HR $75.00 HR $78.00 HR $65.00 HR $85.00 HR $76.00 HR $70.00 HR $80.00 13 HR $100.00 HR NO BID HR $139.86 HR NO BID HR $150.00 HR $110.00 HR $85.00 HR $115.00 HR $90.00 HR $120.00 HR $110.00 HR $100.00 HR $115.00 14 HR $80.00 HR NO BID HR $13.56 HR NO BID HR $25.00 HR $60.00 HR $45.00 HR $60.00 HR $50.00 HR $100.00 HR $72.00 HR $65.00 HR $65.00 15 HR $50.00 HR $60.00 HR $50.85 HR NO BID HR $50.00 HR $100.00 HR $45.00 HR $40.00 HR $60.00 HR $50.00 HR $190.00 HR $55.00 HR $75.00 16 HR $50.00 HR $30.00 HR $35.53 HR NO BID HR $30.00 HR $80.00 HR $45.00 HR $58.00 HR $45.00 HR $75.00 HR $63.00 HR $15.00 HR $75.00 17 HR $50.00 HR NO BID HR $38.62 HR NO BID HR $30.00 HR $150.00 HR $50.00 HR $50.00 HR $50.00 HR $50.00 HR $100.00 HR $25.00 HR $95.00 18 HR $50.00 HR NO BID HR $13.26 HR NO BID HR $25.00 HR $50.00 HR $30.00 HR $50.00 HR $50.00 HR $75.00 HR $50.00 HR $20.00 HR $78.00 19 HR $50.00 HR NO BID HR $16.15 HR $35.00 HR $15.00 HR $20.00 HR $40.00 HR $50.00 HR $35.00 HR $50.00 HR $25.00 HR $20.00 HR $70.00 20 HR $30.00 HR NO BID HR $6.19 HR $35.00 HR $10.00 HR $6.00 HR $10.00 HR $30.00 HR $25.00 HR $25.00 HR $25.00 HR $10.00 HR $32.50 21 HR $40.00 HR NO BID HR $11.15 HR $35.00 HR $20.00 HR $25.00 HR $20.00 HR $30.00 HR $35.00 HR $25.00 HR $25.00 HR $5.00 HR $45.00 22 HR $70.00 HR NO BID HR $40.65 HR $100.00 HR $90.00 HR $45.00 HR $60.00 HR $85.00 HR $80.00 HR $75.00 HR $90.00 HR $50.00 HR $90.25 23 HR $25.00 HR NO BID HR $14.59 HR $25.00 HR $20.00 HR $10.00 HR $25.00 HR $30.00 HR $35.00 HR $25.00 HR $25.00 HR $9.00 HR $45.00 24 HR $30.00 HR NO BID HR $4.99 HR $30.00 HR $20.00 HR $10.00 HR $30.00 HR $30.00 HR $30.00 HR $25.00 HR $25.00 HR $12.00 HR $40.00 a b c Stephen Zippi 561.510.3800 stevejrbdimarineandsite.com Katrina Gonzalez 786.608.1406 kgonzalez@waypointci.com Nancy G. Rosso 561.588.6681 nancy@randdpaving.com Jason Daley 561.793.9400 jason.daley@rangerconstruction.cominfo@hinterlandgroup.com Howard Wight Rudy Polselli edo@murraylogan.com 561.471.4100 561.718.9443 jwctom@jwcheatham.com Tom Uhrig shawn@flyingscotinc.com howard@foster-marine.net John Ciabattari Shawn Cunningham 561.722.1486 rudy@heavycivilinc.com 561.373.2995 D. Steven Eakins, Jr.Van C. Williams White or Yellow, 12" steve@dseakins.com van@deevaninc.com jciabattari@ferreiraconstruction.com Chase Rogers SCHEDULE OF EQUIPMENT AND OPERATOR RATES Edward OLeary White or Yellow, 18" 561.842.0001 561.844.5518 772.286.5123 561.723.5812 White, 24" Email Address Message (Only; School; Merge and Straight Arrow) 6" Numbers (Per Digit) 8" Numbers (Per Digit) 10" Numbers (Per Digit) 12" Numbers (Per Digit) 24" Numbers (Per Digit) Fire Lane and No Parking Messages - Yellow 4" Letters (Per Letter) 6" Letters (Per Letter) 8" Letters (Per Letter) Pavement marking removal Preformed (Cold) Plastic (Furnish and Install) White, 24" Message (Only; School; Merge; U-Turn; Bike Lane; etc.) Turn arrow White or Yellow, 6" White, 8" 12" Letters (Per Letter) 4' Letters (Per Letter) Traffic Paint Thermoplastic Cold (Preformed) Plastic Construction Tape Pavement markers Preformed (Cold) Plastic (Install Only) Message (Only; School; Merge; Ramp; U-Turn; etc.) Turn arrow Miscellaneous (Furnish and Install) Thermoplastic Rumble Strips (Index 518) 9" Contrast tape Flexible Delineators (All Types) Foil Back Tape Items for FDOT Projects Only 6" Solid White Paint 6" Solid White Thermoplastic 8" Solid Yellow Paint 8" Solid White Thermoplastic 8" Solid Yellow Thermoplastic 12" Solid White Paint 12" Solid White Thermoplastic 18" Solid White Paint 18" Solid White Thermoplastic 24" Solid White Paint 18" Solid Yellow Paint 18" Solid Yellow Thermoplastic Asphalt Removal and Restoration 6x10 Skips Yellow Thermoplastic Reflective pavement Markers Directional Arrows Paint Directional Arrows Thermo Dump Truck (15 - 20 CY) Construction Crew "B" Construction Crew "D" Infiltration Drainage Crew Wellpoint System ANNUAL ASPHALT MILLING AND PAVING 3-Man Crew w/Pickup Truck 2x4 Skips White Paint 2x4 Skips White Thermoplastic 6x10 Skips White Paint 6x10 Skips White Thermoplastic 10x30 Skips White Paint 10x30 Skips White Thermoplastic 2x4 Skips Yellow Paint 2x4 Skips Yellow Thermoplastic Construction Crew "C" Bike lane Symbol w/Arrows Cold Plastic Pavement Messages Paint Reflective Paint - Island Nose - White CREWS AND EQUIPMENT Construction Crew "A" 6x10 Skips Yellow Paint 24" Solid White Thermoplastic 6" Solid Yellow Paint 6" Solid Yellow Thermoplastic 5-Man Crew w/Pickup Truck Supervisor Foreman Welder Skilled L:aborer 561.640.3503 Day Laborer (Unskilled) Gradall Skid Loader Rubber Tire backhoe/Loader Plate Tamper Track backhoe Dump Truck Flatbed w/Tractor Flatbed Wellpoint System Jet Pump Chain Saw/Debris Clearing Hand Equipment Hydraulic Submersible Pump Welding machine Contractor's Representative Telephone Number Portable Generator Quick Cut Saw Asphalt/Concrete Saw Steel Wheel Roller MOT, Rental of Barricades, Type III MOT, Rental of Jersey Barrier Materials Mark-Up (for items not in contract up to $50K) Asphalt Paving, per 1-inch paving/overlay Asphalt Milling, per1-inch mill MOT, Rental of Arrow Board, Electric MOT, Rental of Message Board, Electric MOT, Rental of Traffic Cones, 36-inch high (per 50 cones) MOT, Rental of Barricades, Type II 100 SE Salerno Road • Stuart, Florida 34997 • Phone: 772.286.5123 • Fax: 772.286.5139 www.ferreiraconstruction.com An Equal Opportunity Employer February 9,2012 Village of North Palm Beach Public Works 645 Prosperity Farms Road North Palm Beach, Fl 33408 Atten: Mr. Steven Hallock Project: Corsair Drive Drainage Page 1 of 3 PROPOSAL Ferreira Construction Southern Division Co., Inc. is pleased to provide this proposal for the above referenced project. We will provide all labor, material, equipment and supervision to construct the following scope of work. Line Item 1 Mobilization 1 LS $4550.00 $4550.00 2 M.O. T 1 LS $250.49 $250.49 3 Removal, Sawcut and Disposal of 6” concrete 260 SF $2.20 $572.00 4 Demo Asphalt 970 SF $4.33 $4200.10 5 Adjust Manhole to Grade 1 EA $268.58 $268.58 6 Install Type F Curb 130 LF $28.40 $3692.00 7 New Valley Gutter 81 LF $25.34 $2052.54 8 Install new asphalt 108 SY $2.41 $260.28 9 Overlay Existing Asphalt 23 TN $169.07 $3888.61 10 Install New Stop Bar 20 LF $1.72 $34.40 11 Floratam Sod 1255 SF $1.28 $1606.40 12 Foreman 56 HR $93.87 $5256.72 13 Supervisor 16 HR $126.42 $2022.72 14 3 man Crew with Pickup 24 HR $166.73 $4001.52 100 SE Salerno Road • Stuart, Florida 34997 • Phone: 772.286.5123 • Fax: 772.286.5139 www.ferreiraconstruction.com An Equal Opportunity Employer 15 Rubber Tire Backhoe 24 HR $88.40 $2121.60 16 Dump Truck 16 HR $123.46 $1975.36 17 Skid Steer loader 8 HR $85.07 $680.56 18 Materials 1 LS $294.00 $294.00 $37,727.88 Project: Corsair drive Drainage Page 2 of 3 This proposal is based on drawings by Engenuity Group dated 4/24/2017. In accepting this proposal, the Client agrees to the attached exclusions and clarifications and they are to become part of the contract documents unless specifically agreed to in writing by this Contractor. This proposal becomes a letter of intent to enter into a contract when executed by authorized representatives of both parties and subject to the conditions noted herein. Exclusions: ▪ Removal, disposal and replacement of unsuitable or contaminated soils. ▪ Removal and disposal of buried debris not known, or reasonably anticipated, at time of proposal. ▪ Permitting is not included in this proposal ▪ Testing of material is not included in this proposal ▪ Any item not specifically included is excluded. ▪ Engineering is not included in this proposal Clarifications: ▪ All construction to be by normal means, methods and equipment typical to the type of construction included in this proposal. Any extraordinary means required will be at an additional cost. This includes pre-drilling for piles, including sheet piling, unless specifically noted otherwise. ▪ Any additional work outside the base contract will commence only after a change order has been agreed to in writing by both parties. ▪ Work will be performed as per plans dated April 2017 labeled Corsair Drive Drainage Improvements ▪ Items that apply will be based on Palm Beach Gardens contract unit pricing ▪ Items that do not have unit prices are priced using crews and equipment rates from the Palm Beach Gardens Contract. 100 SE Salerno Road • Stuart, Florida 34997 • Phone: 772.286.5123 • Fax: 772.286.5139 www.ferreiraconstruction.com An Equal Opportunity Employer Ferreira Construction Village Of North Palm Beach John Ciabattari ------------------------------------------------ ----------------------------------------------- John Ciabattari V.P ------------------------------------------------ 2/9/21 VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: February 25, 2021 SUBJECT: RESOLUTION – Opposing legislation seeking to preempt local regulation of vacation rentals to the State of Florida At its February 11, 2021 meeting, the Village Council discussed pending legislation that would preempt to the State of Florida the regulation of vacation rentals. By consensus, the Council directed this office to prepare a Resolution opposing such legislation. The attached Resolution expresses the Council’s strong opposition to pending legislation (Senate Bill 522 and House Bill 219) seeking to preempt local regulation of vacation rentals. As set forth in the Resolution, the regulation of vacation rentals should be a matter of local concern, and local regulation is necessary to preserve the integrity of residential neighborhoods, while also protecting the health, safety and welfare of residents, property owners and transient occupants. Section 509.032, Florida Statutes, already prohibits municipalities from enacting any law or ordinance regulating the duration or frequency of rental of vacation rentals. While the Village does not currently regulate vacation rentals to the extent currently authorized, such regulation should be determined locally through the exercise of municipal home rule authority. The Resolution opposes the bills currently pending in the State Senate and House of Representatives as well as any other similar or substitute bill which further preempts existing municipal authority over vacation rentals. The attached Resolution has been prepared and reviewed for legal sufficiency by this office. There is no fiscal impact. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution opposing pending legislation seeking to preempt local regulation of vacation rentals to the State of Florida. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, STRONGLY OPPOSING LEGISLATION SEEKING TO PREEMPT THE REGULATION OF VACATION RENTALS TO THE STATE; PROVIDING FOR DISTRIBUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, State Senator Manny Diaz, Jr. filed Senate Bill 522 for consideration by the Florida Legislature during the 2021 legislative session seeking to preempt all local regulation of vacation rentals to the State of Florida; and WHEREAS, State Representatives Jason Fischer and Anthony Sabatini filed a similar bill (House Bill 219) in the House of Representatives; and WHEREAS, the Village Council strongly believes that the regulation of vacation rentals is a matter of local concern and necessary to preserve the integrity of residential areas and neighborhoods, including corresponding property values, while also protecting the health, safety and welfare of residents, property owners and transient occupants; and WHEREAS, the Village Council asserts that issues affecting property owners, residents and visitors to municipalities should be determined locally through the exercise of their home rule authority; and WHEREAS, the Village Council determines that adoption of this Resolution benefits the health, safety and welfare of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council expresses its strong opposition to Senate Bill 522, House Bill 219 and or any other substitute or similar bill filed in the Florida Legislature which further preempts the authority of municipalities to regulate vacation rentals. Section 3. The Village Council directs that a copy of this Resolution shall be provided to the Governor, the Speaker of the Florida House of Representatives, the President of the Florida Senate, State Senator Bobby Powell (District 30), State Representative Rick Roth (District 85), the Palm Beach County Legislative Delegation, the Florida League of Cities, County Commissioner Maria Marino (District 1), and the Palm Beach County League of Cities. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Village of North Palm Beach Police and Fire Pension Fund MINUTES OF MEETING HELD November 10, 2020 1 Chairman Robert DiGloria called the Hybrid Meeting to order at 2:00 PM. Those persons present were: TRUSTEES PRESENT Robert DiGloria, Chairman Edward Ciezak Erik Jensen Robert Coliskey Frank Winewski (attended virtually) TRUSTEES ABSENT OTHERS PRESENT Amanda Kish & Scott Baur, Resource Centers Bonni Jensen, Klausner Kaufman Jensen & Levine- Steve Stack, Highland Capital Kerry Richardville, AndCo ITEMS FROM THE PUBLIC There were no public comments. MINUTES The minutes from the August 2020 had been presented for the Trustees review and approval. Robert Coliskey made a motion to approve the minutes dated August 2020. The motion received a second from and was approved by the Trustees 5-0. DISBURSEMENTS Mrs. Kish reviewed the disbursements which had been presented in the Trustees Packets. Edward Ciezak made a motion to approve all disbursement s. The motion received a second from Robert Coliskey was approved by the Trustees 5-0. HIGHLAND CAPITAL Steve Stack of Highland Capital appeared before the Board to present the Quarterly Manger Report for the quarter ending September 30, 2020. He reported that the 3rd quarter of 2020 was a challenging quarter. The market has a lot of certainty because of COVID, and an election year. The government provided the stimulus check and bail out money to help the market is sustaining. Mr. Stack reviewed the total return summary stating the cumulat ive return for the quarter was 5.26% compared to the benchmark 5.33%. The asset allocation was $16,713,32for the quarter ending September 30, 2020. Mr. Stack does not recommend any changes to the portfolio and thinks that it is positioned nicely. ANDCO Mrs. Richardville appeared before the Board to present the Investment Report for the quarter ending September 30, 2020.Mrs. Richardville provided the Board with a market overview. The. The asset allocation increased from $25,925,134to $28,007,247. The portfolio is in line with all the policy targets. Mrs. Richardville went on to review the quarterly report in detail for the quarter which was 5.95%. The fiscal year date return was 5.35% compared to the benchmark of 11.86 %. She further. reported equities were up 10.22% above the policy of 8.33%, fixed income was up at 1.31% and above the policy at .83%. Mrs, Richardville reviewed the individual manager performance stating that all the managers had a positive quart with an exception to Real estate. Village of North Palm Beach Police and Fire Pension Fund MINUTES OF MEETING HELD November 10, 2020 2 The Board held a discussion regarding Real Estate and should the Board invest in different types of Real Estate. Mrs. Richardville recommended having American Realty present at the next meeting. ATTORNEY REPORT ADMINSTRATORS REPORT 2021 Meeting Dates: Mrs. Kish presented the 2021 meeting dates. Cost of Living Adjustments: Mrs. Kish presented to the annual Cost of Living Adjustment. The COLA has already be disbursed to the retirees. The Board reviewed the COLA. Edward Ciezak made a motion to approve the Cost of Living Increase The motion received a second from Robert Coliskey and was approved by the Trustees 4-0. Benefit Approval Ms. Kish presented the Benefit Approval to Board for November 10th. Robert Coliskey made a motion to approve the Benefit Approval dated November 10th 2021.The motion received a second from Edward Ciezak and was approved by the Trustees 4-0. NEW BUSSINESS: The Board held a discussion regarding eligibility of the DROP. The Board questioned the definition of normal retirement or earliest normal retirement to enter the DROP. The plan attorney recommends holding a special meeting to further discuss the eligibility of the DROP. Robert Coliskey made a motion to adjourn the meeting at 3:45 PM. The motion received a second from Edward Ciezak and was approved by the Trustees 4-0. Respectfully submitted, Robert Co:liskey Village of North Palm Beach Police and Fire Pension Fund MINUTES OF MEETING HELD December 8, 2020 1 Chairman Robert DiGloria called the Hybrid Meeting to order at 11:00 AM. Those persons present were: TRUSTEES PRESENT Robert DiGloria, Chairman Edward Ciezak Robert Coliskey Frank Winewski (attended virtually left the meeting at 12:00 PM) TRUSTEES ABSENT OTHERS PRESENT Amanda Kish & Scott Baur, Resource Centers Bonni Jensen, Klausner Kaufman Jensen & Levine- ITEMS FROM THE PUBLIC There were no public comments. NEW BUSSINESS: The Board addressed questions regarding eligibility to enter the DROP. The question at hand is how the DROP language is to be interpreted. Mrs. Jensen reviewed the ordinance with the Board. An employee can enter the DROP no later than the employee’s normal retirement. The employee makes election no later than 30 days after normal retirement. The question is what the members normal retirement date is, eligibility is as follows 55 years of age regardless of service time and the other is 52 with 25 years. The questions can an employee elect to enter the DROP at normal retirement by writing and enter later such as 55 years or does the member have to enter at the earlies retirement date. The Board held a lengthy discussion regarding the DROP entry language. Mrs. Jensen recommend making a policy that outlines the DROP entry options. The Board wanted to reach out to the members and make them aware that the members must enter the DROP at the earliest normal retirement date. The Plan attorney suggested sending letters to members making them aware. Edward Ciezak made a motion to Policy of the Board a member will enter the DROP at earliest normal retirement the motion received a second from Robert Coliskey and was approved by the Trustees 3-0. Robert Coliskey made a motion to adjourn the meeting at 12:45 PM. The motion received a second from Edward Ciezak and was approved by the Trustees 4-0. Respectfully submitted, Robert Coliskey THE VILLAGE OF NORTH PALM BEACH Village Manager’s Office THE BEST PLACE TO LIVE UNDER THE SUN” Environmental Committee MINUTES Anchorage Park Recreation Building Monday, January 11, 2021 6:00 pm 1. Call to Order: Vice Chairperson Interlandi called the meeting to order at 6:05 pm. 2. Roll Call: Present: Ellen Allen, Camille Carroll, Lisa Interlandi, Mary Phillips, Shawn Woods, Kendra Zellner Absent: Karen Marcus Also Present: Anne Capelli, Mock Roos Engineering; Andy Lukasik, Village Manager; Chuck Huff, Special Projects Director; Jeremy Hubsch, Community Development Director; Steve Hallock; Public Works Director 3. Approved the Minutes of the November 23, 2020 regular meeting and January 9, 2021 special meeting. 4. Public Comments: no public comments 5. Master Gardener discussion about Urban Gardens: Introduction by Shawn Woods a. Item moved to the February 8th meeting. 6. Lakeside Park Berm and vegetation follow up: a. Village Manager discussed staff plans to follow up on resident requests including modification of the slope/height of the berm and the vegetation to be used to maintain water views from the park and residential properties. Engineering consultants will be used before any berm modifications will be made. b. Ms. Allen emphasized the need to identify and evaluate short- and long-term consequences when considering any changes. c. Vice Chair Interlandi observed that proper vegetation will assist in achieving long-term sustainability of the berm. 7. Discussion items: a. Committee Priorities/Plan: i. Stormwater Quality: 1. Anne Capelli presented information about the NPDES program in Palm Beach County. 2. Steve Hallock discussed current stormwater initiatives including the creation of a stormwater fee, stormwater repairs and water quality initiatives being pursued by the Village. 3. Ms. Allen discussed the use of buffers at the edge of water bodies to improve water quality. Mr. Hallock discussed plans for littoral zones along the ponds at the golf course. Ms. Capelli discussed state regulations impacting golf courses. 4. Ms. Phillips asked about the applicability of NPDES standards on residential properties. Ms. Capelli noted that residential properties and the contractors that serve them are not required to meet the standards the municipalities must meet under the MS4 permit. ii. Tree Planting/Urban Garden/Native Plant usage 1. Jeremy Hubsch discussed possible community garden locations with the Committee. 2. After a discussion about the goals the Committee wants to accomplish with the creation of a community garden, the discussion was continued to the February 8th meeting when the University of Florida Institute of Food and Agricultural Sciences Extension (IFAS) representatives are able to attend. iii. Miscellaneous 1. At the request of Chairperson Marcus, Village staff shared a site plan for a mixed-use project, including a retail building and a 7-11 convenience store/gas station, with the Committee. The project is proposed for a parcel located at the Alternate A1A/Richard Road intersection. a. Special Projects Director spoke about the underground storage tank requirements and environmental protocols based upon his experience with the construction and management of convenience stores/gas stations prior to his employment with the Village. b. The Committee raised a number of concerns related to the proposed development. Those concerns included: i. The compatibility of a more intense land use being integrated into a residential area, ii. The location of an intense use, that can generate trash and noise, adjacent to a residential neighborhood, and iii. Even with the environmental protection practices required, the possibility of contamination from spills, whether from the tanks or by consumers, and the potential impact on surface water quality and underground water contamination. 2. The Committee briefly discussed a handout provided by Ms. Carroll regarding urban coyotes. The handout was initially provided following a reported coyote sighting by Village residents and generally discusses the need/benefit of having them coexist in urban areas. 8. Adjournment: the meeting was adjourned at 7:35 pm. VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARD MEETING MINUTES January 26, 2021 CALL TO ORDER Chairperson Christine DelGuzzi called the meeting to order at 7:00 PM. ROLL CALL Present : Zakariya Sherman, Library Director Christine DelGuzzi, Chairperson Phyllis Wissner, Vice Chairperson Bonnie Jenkins, Secretary Carolyn Kost, Member Tina Chippas, Member Darryl Aubrey, Council Member Frank Don, Resident Brad Avakian absent Leslie Arsenault Metz absent APPROVAL OF MINUTES Minutes for the November 24, 2020 meeting were approved with corrections after a motion made by Carolyn Kost and seconded by Phyllis Wissner. LIBRARIAN’S REPORT Director Zak Sherman reported the following: Library Matters: o The Library hours are Current hours are Monday thru Thursday 9:00am – 7:00pm Saturday 9am – 5pm. Closed Sunday o North Palm Beach won the Small Municipality category of Read for the Record, video creativity and Zoom calls were cited. Video has been placed on the Literacy Coalition of Palm Beach County YouTube channel: https://youtu.be/SISnI6x3cPQ o AARP will be offering tax help in the Obert Room (rather than Council Chambers) by appointment only. Hours are Wednesday and Frida, 9:00am to 1:00pm. A dedicated telephone line was installed for this service. o Books & Bites – thInauguraleventonMarch10 at the Country Club. Features guest speaker, author Marie Bostwick who will be discussing her latest book, The Restoration of Celia Fairchild. Tickets are $26 and includes a box lunch prepared by Farmer’s Table. Attendance is limited to 50 persons. Facilities: o Building – Due to fading and necessary repair work, Public Words solicited bids to repaint the building exterior. Library staff recommends the same paint colors as the Tennis Building at the Country Club be used. A presentation regarding this was made to the NPB Planning Committee. The building was last painted in 2009. o Hotspots – Through a SEFLIN grant, the library received 5 mobile hotspots that are now available for patrons to check out. The hotspots will belong to the Library with fees paid by SEFLIN for 1 year. After this, the Library will determine if the service should be continued. Only cost to Library were cases for the devices. Holiday Happenings: ndoTheDecember2 Tree Lighting was live streamed by Library staff. thoGingerbreadHousePartyonDecember12 was attended virtually by 6 patrons; a total of 18 kits were sold. thoTherewereTrolleyridesonDecember18 and a surprise Santa was in the Obert Room. o Virtual holiday themed Good Night Story-times were held pm 4 Monday evenings in December; each child received a Good Night Kit including milk, cookies, toys, lullabies and a Good Night Story Time Book List. Adult Services: o Virtual Crafts for Grown Ups continues; third Thursday every Month 11am to noon o Virtual Book Club This month’s title is The Henna Artist by Alka Joshi. January’s discussion of The Glass Hotel by Emily St. John was attended by 10 patrons. Children’s Services o (See Holiday Happenings) Teen Services: o Toiletry Drive – thoInpartnershipwithHomelessCoalitionofPalmBeachCountyandTCS8 graders, various thnditemswerecollectedJanuary4throughJanuary22. The drive was very successful. o Teen Takeaway kits continue to be available. o Teen Book Club: It’s Lit – th thNewZoomprogram, starting February 25and every 4 Thursday thereafter. For ages 13 – 17 This month’s selection is Children of Blood and Bone by Tomi Adeyemi Book is to be pre-read; and by attending and participating in discussion, teens will be allotted 10 hours of community service. Sign-up is online Friends of the Library News: o Annual Book Sale – o Due to Covid, the book sale will be run by Library Staff. Members only Presale – Tuesday February 2, 2:00pm – 6:00pm February 3 – 4, hours are 9:00am – 6:00pm February 5 – 6, 9:00am – 4:30pm All items will be $0.25 on Saturday Books will be spread throughout the Obert Room and Children’s area; the set-up will allow for flexibility depending on attendance. o 50-50 Raffle Drawing will be held January 30, 2021 thoNextmeetingisFebruary15 at 5:30pm via Zoom Statistics: o E-Book and E-Audio Circulation numbers remain high. o Print circulation remains down due to the lack of school visits OLD BUSINESS There was none. NEW BUSINESS A motion was made by Carolyn Kost and seconded by Phyllis Wissner to support Mr. Sherman’s request to repaint the building the same color as clubhouse/tennis. QUESTIONS AND ANSWERS There were none. ADJOURNMENT A motion to adjourn the meeting was made by Carolyn Kost and seconded by Phyllis Wissner. The meeting was adjourned at7:47 PM. rdThenextmeetingwillbeTuesday, February 23, at 7:00pm. Respectfully submitted by Bonnie Jenkins VILLAGE OF NORTH PALM BEACH MANAGERS OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Chuck Huff, Special Projects Director DATE: February 25, 2021 SUBJECT: RESOLUTION – Awarding a contract to Hinterland Group, Inc. to repair the Drainage Pipe on Lighthouse Drive, between Eastwind Drive and US1, in the amount of $75,600 Village Staff is requesting Village Council consideration and acceptance of a proposal from Hinterland Group Inc. to repair approximately 540 Linear Feet of drainage pipe using a CIPP (cured in place pipe) method from the intersection of Lighthouse Drive/Eastwind Drive east to US1. Background and Bid Results: The aforementioned section of the Village’s storm water infrastructure is in poor condition. It is a concrete pipe with several sections that have failed. This has resulted in sink holes forming under the pavement and in the swale area. On December 29, 2020, staff issued an Invitation to Bid (ITB) for the Lighthouse Drive Culvert Slip Lining Project. The bid opening was held on Thursday January 14, 2021, where five bid proposals were opened and read aloud. The ITB called for the use of a trenchless pipe-in-pipe slip lining process, but indicated that the Village would entertain an alternate CIPP price for the proposed work in Addendum No. 3. Hinterland Group was the lowest qualified bidder for the use of CIPP. The Village Engineer evaluated the two companies, Hinterland Group Inc. and Shenandoah General Construction, that provided a CIPP alternate proposal for consistency with the construction specifications. Village Engineer Keith Jackson confirmed construction consistency and that CIPP was a good method to utilize in lieu of a slip lining method. The low bid for the pipe-in-pipe slip lining method was Ferreira Construction in the amount of $138,331.50. The CIPP method is generally more cost effective due to the ease of construction. Although the CIPP method results in a thinner “new” pipe, the product is structurally sound and has a design life of 50 years. Any possible increase in value from a pipe-in-pipe product is not outweighed by the significant cost differential. Staff recommends proceeding with this project using the Hinterland Group’s CIPP method. The contract amount is $75,600; however, including a ten percent contingency, the total project budget will be $83,160. Funding: Due to personnel savings realized during the 2020 fiscal year, the Village has increased the fund balance by $1.2 million. Due to the condition of segments of the Village’s storm water infrastructure, the Village Manager is recommending the use of $500,000 of this amount to address deficiencies in the storm water system. This funding source will allow the Village to repair known system failures until an anticipated storm water fee will generate a dedicated funding source for these repairs starting in the 2022 fiscal year. The project will be funded out of the General Fund and a budget amendment completed to reflect this change, if needed. Account Information: Fund Department / Division Account Number Account Description Cost 10% Contingency Total Budget General Fund Public Works / Streets & Grounds Maintenance A7231- 66215 Storm water Drainage System $75,600 $7,560 $83,160 The attached Resolution and Contract have been prepared and/or reviewed for consistency by the Village Attorney. Recommendation: Village Staff recommends Council adoption of the attached Resolution approving a Contract with Hinterland Group Inc. for the repairs of a drainage structure along Lighthouse Drive (Eastwind Drive to U.S. Highway One) in the amount of $75,600.00, with funds expended from Account No. A7231-66215 (Streets – Storm water Drainage System), and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF HINTERLAND GROUP INC. FOR THE LIGHTHOUSE DRIVE DRAINAGE STRUCTURE REPAIR AND AUTHORIZING THE MAYOR AND VILLAGE TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff issued an Invitation to Bid for the Lighthouse Drive Culvert Sliplining Project (“ITB”); and WHEREAS, through the issuance of Addendum No. 3, the Village approved the submittal of alternate bids utilizing the Cured In Place Pipe (CIPP) method of effectuating the required repairs; and WHEREAS, the Village received five proposals in response to the ITB, with two companies submitting proposals utilizing the CIPP method; and WHEREAS, Village Staff recommended accepting the lowest cost proposal for the CIPP method from Hinterland Group Inc. at a total cost of $75,600.00; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interes ts of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing “whereas” clauses are hereby ratified and incorporated herein. Section 2. The Village Council hereby accepts the bid proposal submitted by Hinterland Group Inc. for the repair to the Lighthouse Drive drainage structure utilizing the CIPP method at a total cost of $75,600.00, with funds expended from Account No. A7231-66215 (Public Works/Streets and Grounds – Stormwater Drainage System). Including contingency, the total project budget shall be $83,160.00. The Village Council further authorizes the Mayor and Village Clerk to execute a contract relating to such services, a copy of which is attached hereto and incorporated herein. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ___________________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Contract -1- CONTRACT This Contract is made as of the _______ day of _____________, 2021, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and HINTERLAND GROUP INC., a Florida corporation, hereinafter referred to as the CONTRACTOR, whose Federal I.D. Number is 20- 5156844. In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all goods and services requested under Invitation to Bid for the Lighthouse Drive Culvert Sliplining Project (“ITB”) and as further stated in CONTRACTOR’s Bid Proposal and pursuant to the terms and conditions of this Contract. ARTICLE 1. SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services as stated in the ITB and the Scope of Work and Specifications referenced therein in accordance with the Bid Proposal submitted by the CONTRACTOR (hereinafter referred to as “Work”), which are incorporated herein by reference, to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the Work is provided. The CONTRACTOR shall utilize the alternate Cured In Place Pipe (CIPP) method to effectuate the Work. B. The Work provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon written notice from the VILLAGE to proceed. ARTICLE 2. PERIOD OF SERVICE. A. This Contract and the provision of all Work hereunder shall be completed by the CONTRACTOR within ninety (90) days of the VILLAGE’s issuance of a Notice of Proceed. B. The CONTRACTOR shall not be considered in default by reason of any failure in performance of the Work if such failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; unreasonable utility provider delays, unreasonable permitting delays and abnormally severe and unusual weather conditions. C. Upon the CONTRACTOR’s request, the VILLAGE shall consider the facts and extent of any failure to perform the Work and, if the CONTRACTOR’s failure to perform was without it or its subcontractor’s fault or negligence, the Contract schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the VILLAGE’s rights to change, terminate, or stop any or all of the work at any time. D. Notwithstanding the foregoing, the CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or Contract -2- hindrance from any cause whatsoever. Provided, however, that this provision shall not preclude recovery or damages by the CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the VILLAGE or its agents. Otherwise, the CONTRACTOR shall be entitled only to extensions of the schedule in this Contract as the sole an exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. ARTICLE 3. CONTRACT DOCUMENTS This Contract incorporates by reference all of the document set forth in the Invitation to Bid for the Lighthouse Drive Culvert Sliplining Project as if fully set forth herein. ARTICLE 4. VILLAGE’S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the Special Projects Director. ARTICLE 5. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR’s Bid Proposal in response to the ITB. The total and cumulative amount of this Contract shall not exceed Seventy-Five Thousand Six Hundred Dollars and No Cents ($75,600.00). B. CONTRACTOR shall invoice the VILLAGE no more often than monthly on the form provided as Exhibit “A” and include such information as requested in Exhibit “A”. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the Project Engineer and/or the Village’s representative, indicating that the Work has been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE’s approval. C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR. D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. E. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on the CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all Work has been properly performed 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. The VILLAGE will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of the Work. Contract -3- ARTICLE 6. USE OF DOCUMENTS. A. All documents, including but not limited to drawings, specifications, plans, reports, other items and data or programs stored electronically (collectively referred to as “Documents” hereafter), prepared by the CONTRACTOR and CONTRACTOR’s sub-contractors under this Contract shall be considered a “Work for Hire” and the exclusive property of the VILLAGE. To the extent such Documents may not be deemed a “Work for Hire” under applicable law, CONTRACTOR and CONTRACTOR’s sub-contractors will assign to VILLAGE all right, title and interest in and to CONTRACTOR’s and/or CONTRACTOR’s sub-contractors’ copyright(s) for such Documents. CONTRACTOR shall execute and deliver to VILLAGE such instruments of transfer and take such other action that VILLAGE may reasonably request, including, without limitation, executing and filing, at VILLAGE’s expense, copyright applications, assignments and other documents required for the protection of VILLAGE’s right to such Documents. The CONTRACTOR shall retain copies of the Documents for a period of three (3) years from the date of completion of the Project. The VILLAGE grants to the CONTRACTOR and CONTRACTOR’s sub-contractors the right and/or limited license to use a portion of the Documents prepared by the CONTRACTOR or the CONTRACTOR’s sub-contractors in future projects of the CONTRACTOR or the CONTRACTOR’s sub-contractors with said right and/or limited license to use a portion at CONTRACTOR’s or CONTRACTOR’s sub-contractor’s own risk and without any liability to VILLAGE. B. Any modifications made by the VILLAGE to any of the CONTRACTOR’s Documents, or any use, partial use or reuse of the Documents without written authorization or adaptation by the CONTRACTOR will be at the VILLAGE's sole risk and without liability to the CONTRACTOR. Any electronic files not containing an electronic seal are provided only for the convenience of the VILLAGE, and use of them is at the VILLAGE’s sole risk. ARTICLE 7. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. Contract -4- ARTICLE 8. PERSONNEL. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the Work (including subcontractors) shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of the CONTRACTOR’s personnel (and all subcontractors) while on VILLAGE premises, will comply with all applicable requirements governing conduct, safety, and security, provided, however, that CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. All personnel working on VILLAGE park property in any capacity shall meet the same background requirements as VILLAGE employees. Should the VILLAGE discover that any person employed or retained by CONTRACTOR or any Subcontractor does not meet such requirements, the VILLAGE may request that such person be removed from VILLAGE property and CONTRACTOR shall comply with any such request. ARTICLE 9. TERMINATION. This Contract may be cancelled by the CONTRACTOR upon ten (10) days prior written notice to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for Work rendered to the VILLAGE’s satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall: A. Stop work on the date and to the extent specified; B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; C. Transfer all work in progress, completed work, and other materials related to the terminated work to the VILLAGE; and D. Continue and complete all parts of the work that have not been terminated. ARTICLE 10. INSURANCE. Prior to commencing any Work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required in the Bid Documents. All insurance, other than Worker’s Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. Contract -5- ARTICLE 11. FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE’s Tax Exemption Number in securing such materials. ARTICLE 12. SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothin g herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. ARTICLE 13. ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the purpose of inspection or audit during normal business hours, at the CONTRACTOR’s place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 14. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 15. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. C. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive any Contract -6- right they may have to trial by jury with respect to any litigation arising out of or in connection with this Contract. ARTICLE 16. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Andrew Lukasik Village Manager Village Hall 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: Hinterland Group Inc. Chase Rogers, Project Director 2051 W. Blue Heron Boulevard Riviera Beach, FL 33404 The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 17. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract, including all documents referenced herein, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18. NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 19. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term “Contract” as used herein, as well as the terms “herein”, “hereof”, “hereunder”, “hereinafter” and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. Contract -7- ARTICLE 20. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 21. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto or incorporated herein, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 22. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 23. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 24. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR 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, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. ARTICLE 25. PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall protect the VILLAGE’s property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. B. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. C. The CONTRACTOR shall have the responsibility to repair, rebuild or restore to its former condition any and all portions of existing utilities, structures, equipment, appurtenances or facilities, which may be disturbed or damaged. Contract -8- ARTICLE 26. DEFAULT. A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that the occurrence of any of the following shall be deemed a material event of default and shall be grounds for termination: 1. The filing of a lien by any sub-CONTRACTOR, sub-contractor or third tier sub- contractor including, but not limited to materialmen, suppliers, or laborers, upon any property, right of way, easement or other interest in land or right to use within the territorial boundaries of the VILLAGE which lien is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; 2. The filing of any judgment lien against the assets of CONTRACTOR related to the performance of this Contract which is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; or 3. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by CONTRACTOR for the benefit of creditors; or the taking possession of the property of CONTRACTOR by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of CONTRACTOR; or if a temporary or permanent receiver or trustee shall be appointed for CONTRACTOR or for CONTRACTOR's property and such temporary or permanent receiver or Trustee shall not be discharged within thirty (30) days from the date of appointment. 4. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR fails to provide the Work under this Contract on schedule as agreed to by CONTRACTOR in this Contract. B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of default within five (5) days of CONTRACTOR’s receipt of notice or knowledge of any such default. ARTICLE 27. WARRANTY. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of one (1) year following delivery and acceptance of the Work, subject to the conditions set forth in the Specifications. Should any Work fail to comply with this warranty during the warranty period, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR’s sole expense. The CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and certify that the Work complies with the conditions set forth in such warranties, if any. Contract -9- ARTICLE 28. TIME IS OF THE ESSENCE/LIQUIDATED DAMAGES. Time is of the essence in all respects under this 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 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay to the VILLAGE an amount equal to $250.00 per day for each calendar day that expires after the time specified for completion. Liquidated damages may be deducted from payments due to the CONTRACTOR. ARTICLE 29. REPRESENTATIONS/BINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. ARTICLE 30. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. ARTICLE 31. 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: 1. Keep and maintain public records required by the VILLAGE to perform the service. 2. 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. Contract -10- 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. 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. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: BY: Print Name: Title:_____________________________ VILLAGE OF NORTH PALM BEACH BY: ________________________________ SUSAN BICKEL MAYOR ATTEST: BY:________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ LEONARD G. RUBIN VILLAGE ATTORNEY EXHIBIT “A” INVOICE FORM AND REQUIREMENTS (FORM ATTACHED) APPLICATION FOR PAYMENT NO. ________ To: VILLAGE OF NORTH PALM BEACH (OWNER) From: _________________________________ Contract: LIGHTHOUSE DRIVE CULVERT SLIP LINING PROJECT For Work accomplished through the date of: , 2021. 1. Original Contract Price: $_________________ 2. Net change by Change Orders and Written Amendments (+ or -): $_________________ 3. Current Contract Price (1 plus 2): $_________________ 4. Total completed and stored to date: $_________________ 5. Retainage (per Agreement): Five percent (5%) of completed Work, material and equipment purchased: $_________________ 6. Total completed and stored to date less retainage (4 minus 5): $_________________ 7. Less previous Application for Payments: $_________________ 8. DUE THIS APPLICATION (6 MINUS 7): $_________________ Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done and goods purchased under the Contract referred to above have been applied on account to discharge CONTRACTOR’s legitimate obligations incurred in connection with Work, materials and equipment covered by prior Applications for Payment numbered 1 through _____ inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances, and (3) all Work, materials and equipment covered by this Application for Payment are in accordance with the Contract Documents and not defective. Dated ____________________________ By: _____________________________________ Contractor State of ______________________________ County of ____________________________ Subscribed and sworn to before me this _____ day of __________________, 2021 ____________________________________ Notary Public My Commission expires: _____________________ Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated ___________________________ By: _____________________________________ VILLAGE OF NORTH PALM BEACH COUNTRY CLUB TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Beth Davis, General Manager DATE: February 25, 2021 SUBJECT: RESOLUTION – Approval of contract award to Sullivan Electric & Pump, Inc. in the amount of $29,495.94 for the purchase and installation a new independent electric irrigation pump system. Village Staff is requesting Village Council consideration and approval to accept a bid proposal from Sullivan Electric & Pump, Inc., to furnish a new independent electric pump system that will provide water to existing irrigation systems on the U.S. One median, Village parks and the Village’s governmental center. This work was originally included in the Scope of Work for the Invitation to Bid for Country Club Irrigation Improvements and Pump Station issued by the Village. While drawing water from the irrigation pond located on the golf course, this independent system will be separate from the existing golf course irrigation pump station with a direct 6” pipe connection to the irrigation main (which is located on U.S. One) and will eliminate the need to share water between the Country Club golf course and the medians and common areas within the Village. Background: Currently, the Village operates three (3) 75HP pumps in the pump station located at the golf course’s irrigation pond. The pump station is rated to pump 1,800 gallons per minute (GPM) at 125 PSI. This rating is appropriate to irrigate the acreage of the golf course and installed irrigation system (factoring in the size of the heads, pipes, etc.). The pump station allows for one million gallons of water to be pumped over a twelve-hour timeframe, which is the amount of time available to water the course at night. The golf course irrigation pond receives water from a number of sources: the Earman River, storm water runoff from the golf course and the Greenway Drive/Overlook Drive residential area, and irrigation quality (IQ) water from Seacoast, when needed. The irrigation pond not only provides water for the course but also for the clubhouse grounds, the tennis center grounds and courts, the U.S. One medians, Lakeside Park, the Public Safety Building grounds and the Village Hall/Library grounds. Because of the need to schedule irrigation time for these other irrigation needs, the available volume of water for the golf course is reduced to 1,300 GPM. This represents a 27% reduction in water relative to the irrigation demands of the course. Additionally, the golf course uses a fertigation system (direct injection of fertilizers into the irrigation system) to help the course grow throughout the winter at a cost of $3,000 to $3,500 per month. Since this fertilizer cannot be restricted to the golf course, we lose roughly 30% of this fertilizer to non-golf course areas. Pump Capacity to Address Irrigation Needs: Brightview, the Village’s golf course maintenance contactor, estimates that the course loses 30 to 40 million gallons a year to non-golf areas. To address this irrigation shortfall for the golf course, staff recommends installing an additional pump that is separate from the golf course irrigation system. Adding an independent electric pump system and separating out the Village properties would not restore the full 500 GPM due to the water loss to maintain the clubhouse grounds and tennis; however, it would provide much more water on the golf course than is currently available. Additionally, the evapotranspiration rates are so high during the dry-season that we are currently unable to replace the amount of water lost during the day while irrigating at night. Currently, the maintenance team is forced to run sprinklers during the day, while attempting to avoid disrupting play, to get out enough water to prevent the turf from browning and thinning out. With this additional system, all areas could be watered at night so as to not interfere with golfers, which is a common complaint. Further, municipal grounds and the U.S. One medians will not need to be watered during the day either, which would eliminate complaints about casting water on cars and conflicts with those using the parks in the morning. Scope of Work and Bid: The irrigation pump would be delivered and installed on the North Palm Beach Country Club golf course. This stand-alone electric pump station will be located near the golf course pump house with an independent suction line from the lake and electrical service coming from the pump house. Sullivan Electric & Pump, Inc provided the specifications sheets for this project. Although Sullivan did not bid on this project, they have rebuilt the existing pumps at the club and maintain them and feel confident of their work. After reviewing all the bid proposals and their respective prices, staff asked Precision if we could seek a quote directly from Sullivan and remove the associated costs from the Precision contract to which Precision agreed. Sullivan provided a price to the Village for the scope of work of $29,495.94. Other bids received were: $31,200 Hinterland Group; $34,150 Habana Excavating; $47,070 Agri Services International; $43,720 Precision Landscape and $42,950 Foster Marine Contractors. Sullivan installed and maintains the current course pump station and staff finds them to be well-qualified to complete the work. Based on the foregoing, Village Staff is requesting that the Council award a Contract to Sullivan Electric & Pump, Inc. for the purchase and installation of the pump station. While the Village did not receive three separate written quotes in accordance with the Village’s purchasing policies and procedures, the Village did receive five line item bids in response to its Invitation to Bid. Given that the price quoted by Sullivan is less than the lowest bid proposal, Village Staff is confident that the Village is obtaining the pump station at the most reasonable and fair price. The contract amount is $29,495.94; however, with a ten percent contingency, the total project budget will be $32,445.53. Funding: Personnel savings were realized in the Public Works Department as a result of not filling a vacant Irrigation Tech position. These savings increased the Village’s Fund Balance and are the intended funding source for this project. A budget amendment will be prepared at year-end if necessary. Account Information: Fund Department / Division Account Number Account Description Cost 10% Contingency Total Budget General Fund Public Works / Streets & Grounds Maintenance A7231- 66210 Construction & Major Renovation $29,495.94 $2,949.59 $32,445.53 The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff recommends Council adoption of the attached Resolution approving a contract with Sullivan Electric & Pump, Inc., for the purchase and installation of an Electric Pump Station on the golf course at a cost not to exceed $29,495.94, with funds expended from Account No. A7321-66210 (Streets & Grounds Maintenance – Construction & Major Renovation), and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. Page 1 of 6 CONTRACT This Contract is made as of this _______ day of ______________, 2021, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal corporation (hereinafter “VILLAGE”), and SULLIVAN ELECTRIC & PUMP, INC., 1942 8th Avenue North, Lake Worth Beach, FL 33461, a Florida corporation (hereinafter “CONTRACTOR”), whose F.E.I. Number is 59-2242421. RECITALS WHEREAS, the VILLAGE solicited a proposal from CONTRACTOR for the purchase and installation of a new independent electric irrigation pump station to provide water to the existing irrigation systems on the U.S. One median, VILLAGE parks and the VILLAGE’s governmental center; and WHEREAS, the VILLAGE wishes to accept the proposal submitted by CONTRACTOR, and CONTRACTOR has agreed to perform the Work in accordance with the terms and conditions of this Contract. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby ackno wledged, the parties hereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. CONTRACTOR’s Services and Time of Completion. A. Contractor shall perform the Work in accordance with its Quote dated February 12, 2021, a copy of which is attached hereto and incorporated herein by reference. B. 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 this Contract. C. The total cost of the Work shall not exceed Twenty-Nine Thousand Four Hundred Ninety- Five Dollars and Ninety-Four Cents ($29,495.94). D. The services to be provided by CONTRACTOR shall be commenced subsequent to the 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 ninety (90) calendar days. 3. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3(C) above without prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s Page 2 of 6 representative, indicating that goods and services have been provided and rendered in conformity with this Contract, and they then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed 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 CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all goods and services. 4. Insurance. During the term of this Contract, CONTRACTOR shall maintain the following minimum insurance coverages and provide certificates evidencing such coverage to the Village (all insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida): A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability, including contractual liability insurance in the amount of $1,000,000 per occurrence to protect CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract. B. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles. C. CONTRACTOR shall carry Workers’ Compensation Insurance and Employer’s Liability Insurance for all employees as required by Florida Statutes. D. All insurance, other than Worker’s Compensation, Automobile and Professional Liability Insurance, to be maintained by CONTRACTOR shall specifically include the VILLAGE as an “Additional Insured”. 5. Indemnification. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or employees. Page 3 of 6 B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Contract for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. 6. Compliance with all Laws, Regulations and Ordinances. In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply with all applicable federal, state and local laws, regulations and ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida Building Code. 7. Warranty/Guaranty. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of one (1) year following completion of the Work and successful final inspection. Should any Work fail to comply with this warranty during the warranty period of one (1) year, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR’s sole expense. The CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and certify that the Work complies with the conditions set forth in such warranties, if any. 8. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing services pursuant to this Contract for at least five (5) years after termination of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. 9. Protection of Work and Property. A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage, and shall protect the VILLAGE’s property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such protection. B. Until acceptance of the Work by the VILLAGE, the VILLAGE’s property shall be under the Page 4 of 6 charge and care of CONTRACTOR and CONTRACTOR shall take every necessary precaution against injury or damage to the work by the action of elements or from any other cause whatsoever, and CONTRACTOR shall repair, restore and make good, without additional Work occasioned by any of the above causes before its completion and acceptance. C. CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. 10. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. B. CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Work performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’s sole direction, supervision, and control. CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Work. C. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties knowingly, voluntarily and intentionally waiver any right they may have to trial by jury with respect to any litigation arising out of this Contract. D. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. E. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. F. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. Page 5 of 6 G. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. In the event of an express conflict between this Contract and CONTRACTOR’s Estimate, the terms of this Contract shall control. H. 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 no t employ, contract with or subcontract with an unauthorized alien. 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(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. I. 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: (1) Keep and maintain public records required by the VILLAGE to perform the service. (2) 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. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. (4) 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 Page 6 of 6 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. J. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract justifying termination. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. SULLIVAN ELECTRIC & PUMP, INC. By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH By: ________________________________ SUSAN BICKEL MAYOR ATTEST: BY:________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CONTRACT WITH SULLIVAN ELECTRIC & PUMP, INC. FOR THE PURCHASE AND INSTALLATION OF A NEW ELECTRIC IRRIGATION PUMP STATION AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village is in need of a new independent electric irrigation pump station to provide water to the existing irrigation systems on the U.S. Highway One medians , Village parks and governmental buildings; and WHEREAS, while originally included in the Scope of Work in the Invitation to Bid for Country Club Irrigation Improvements and Pump Station, Staff was able to negotiate a better price than what was included for the applicable line items in the bid proposals received by the Village; and WHEREAS, Village Staff recommended contracting directly with the Sullivan Electric & Pump, Inc. (who was a subcontractor in the lowest bid proposal submitted in response to the ITB) at a total cost of $29,495.94; and WHEREAS, the Village Council determines that adoption of this Resolution, including the waiver of any conflicting purchasing policies and procedures, is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL 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 a Contract with Sullivan Electric & Pump, Inc. for the purchase and installation of a new independent electric irrigation pump system at a total cost of $29,495.94, with funds expended from Account No. A7321-66210 (Streets & Grounds Maintenance – Construction & Major Renovation, and authorizes the Mayor and Village Clerk to execute the Contract, a copy of which is attached hereto and incorporated herein. Including contingency, the total project budget shall be $32,445.53. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK D O h z O Mol rMIL o G) m O o CD 3 - 0 CD 03 2 n . n o o 3 CD o CD CD v CDCDCD CD o n v o CD v CD o rn n C) E 0 M, CD CD0 n Cr o CD o 0_ 7 X CD - 0 3 z Cr CD Cn 3 w 0 CD Q 3 Q° cn fli 52° _ O cnA- m PT 0 a 0CD Ln ML CSD Q C cn f W - n 3 co cn o C CD 0 1 co t '• y m T CD CCD O. - ` J o wcn 0 0 m Cl, cn cin CD rn z v N CD oc L Al D o CD v v cn o C Cn xCDCD 4 ni O CD " 0' ar f n 0 r w CD 0 01 C- 0 CA N n. o nD o o, tT' o cQ 0 o D O 0 CD 0 cn U n cQ Cn i- cD _ cn n a:, w D U CD R p cr D O h z O Mol rMIL o G) m O D G) m O n o CD w - 0 C cn 3 < n , n o o cD cn° 3 cn '<mw - 0- 0CD 0 v N= M CD m7CD cokon o r Cl) , o = N a' o o c m o° 50 3r. CD L._ CD 0 o 0 T no._ a o'' Z a n CD - n r 3 w n w m C C o Q s = 3Q° cn A) 90 m M, No = z cn' CD n o Co Q DD cQ CD v su n CD m CD r- ( 3 3 p:. CL C C t, V cn O m m mn Z z v a m Cl) cn o m m z a cr CD,' 0 M z CDD o o CL 0 0 0 m O cn CD 0 CD CD Ln D G) m O n Quote Date 2/12/2021 Quote # 19273 Name / Address North Palm Beach, Village of 645 Prosperity Farms Rd North Palm Beach, FL 33408 Ship To North Palm Beach Country Club Irrigation Improvements Pump ST Due Date 3/4/2021 Project Authorizing Signature Total Item Description Qty U/M Total EPS Co... WE ARE PLEASE TO PROVIDE THIS QUOTATION TO SUPPLY AND INSTALL EPS VARIABLE FREQUENCY DRIVE PUMP STATION, SUCTION PIPE ASSEMBLY, ALUMINUM ENCLOSURE AND CONCRETE PAD AND ELECTRICAL CONNECTION IN COMPLIANCE WITH DRAWINGS AND SPECIFICATIONS FOR THE REFERENCE PROJECT TO INCLUDE THE FOLLOWING: LINE ITEM #4 ELECTRIC MOTOR AND PUMP, 20 HP 3 PHASE AS SPECIFIED - PUMP CONDITIONS ARE 250 GPM @ 210 TDH @ APPROXIMATELY 80 PSI OPERATING PRESSURE. - POWER REQUIREMENTS ARE 40 AMP 480 VOLT 3 PHASE. - 4' X 4' X 3" TREAD PLATE ALUMINUM PUMP STATION SKID. - ONE (1) 20HP END SUCTION CENTRIFUGAL PUMP WITH TEFC HIGH EFFICIENCY MOTOR. - 4" SCH. 40 STEEL VICTAULIC CONNECTED DISCHARGE MANIFOLD WITH LIQUID FILL DISCHARGE PRESSURE GAUGE, PRESSURE TRANSDUCER, PRIMING HOSE BIB, FLOW TRANSDUCER AND 2 GALLON EXPANSION TANK. - 4" SILENT TYPE IN LINE DISCHARGE CHECK VALVE. - 4" VICTAULIC PUMP STATION DISCHARGE VALVE. - 6" SCH. 40 STEEL VICTAULIC CONNECTED DISCHARGE PIECE TO 2' BELOW GROUND WITH 6" SMOOTH END CONNECTION. - PUMP STATION TO COMPLY WITH UL 778. - ONE (1) EFFICIENT PUMP SYSTEM CONTROL PANEL ETL LISTED BUILT TO U.L. 508A SPECIFICATIONS WITH NEMA 3R HINGED DOOR GASKETED FIBERGLASS ENCLOSURE. CONTROL PANEL TO INCLUDED: - THROUGH THE DOOR MAIN DISCONNECT. 1 0.00 Page 1 Quote Date 2/12/2021 Quote # 19273 Name / Address North Palm Beach, Village of 645 Prosperity Farms Rd North Palm Beach, FL 33408 Ship To North Palm Beach Country Club Irrigation Improvements Pump ST Due Date 3/4/2021 Project Authorizing Signature Total Item Description Qty U/M Total - CLASS J MOTOR FUSE PROTECTION. - SURGE PROTECTIVE DEVICE. - YASKAWA IQ PUMP VFD WITH CONNECTION TO PRESSURE TRANSDUCER, FLOW TRANSDUCER AND PUMP VOLUTE TEMPERATURE SENSOR. - AXIAL FILTERED ENCLOSURE COOLING FAN. - DOOR MOUNTED NEMA 4X VFD OPERATOR INTERFACE. - CIRCUIT BREAKER FOR CONTROL PANEL COOLING FAN AND CONTROL PANEL CONTROLS. - CIRCUIT BREAKER FOR PUMP STATION ENCLOSURE COOLING FAN. - ONE (1) USB FLASH DRIVE OPERATION AND MAINTENANCE MANUALS AND DRAWINGS. - ONE YEAR PARTS AND LABOR WARRANTY ON PUMP STATION. QUALIFICATIONS TO LINE ITEM #4: - PERMITTING AND ENGINEERED DRAWINGS FOR PUMP STATION NOT INCLUDED IN THIS PRICE IF REQUIRED. - LANDSCAPE OR SOD RESTORATION IS NOT IN INCLUDED IN THIS PRICE. - PUMP STATION SITE MUST BE ACCESSIBLE WITH 12 TON CRANE FOR DELIVERY. LINE ITEM #5 - SUCTION LINE STEEL ABOVE GRADE TO SCH 40 PVC BELOW GRADE WITH SWING CHECK VALVE AND DOUBLE SPHERE FLEXIBLE CONNECTOR AT LAKE BANK TO STAINLESS STEEL SCREEN LAKE INTAKE SET THREE (3) FOOT ABOVE LAKE BOTTOM WITH MINIMUM 4' SUBMERSION Page 2 Quote Date 2/12/2021 Quote # 19273 Name / Address North Palm Beach, Village of 645 Prosperity Farms Rd North Palm Beach, FL 33408 Ship To North Palm Beach Country Club Irrigation Improvements Pump ST Due Date 3/4/2021 Project Authorizing Signature Total Item Description Qty U/M Total LINE ITEM #6 CONCRETE PAD AND ALUMINUM ENCLOSURE PER DRAWINGS AND SPECIFICATIONS: - FAN VENTILATED ALUMINUM PUMP STATION ENCLOSURE. - 60" X 60" X 4" STEEL RE-ENFORCED CONCRETE PAD. LINE ITEM #7 ELECTRICAL CONNECTION FROM EXISTING PUMP HOUSE PER DRAWINGS AND SPECIFICATIONS: - ONE (1) 60 AMP 3 POLE NEMA 3R 600 VOLT DISCONNECT FUSED AT 50 AMPS TAPPED OFF EXISTING 400 AMP 3 POLE 600 VOLT DISCONNECT PER PLAN. - ONE (1) 50 AMP 480 VOLT 3 PHASE FEEDER FROM NEW FUSED DISCONNECT ON EXISTING GOLF COURSE IRRIGATION PUMP HOUSE TO NEW PUMP STATION CONTROL PANEL. - NEW GROUNDING ELECTRODE SYSTEM AT NEW PUMP STATION LOCATION. - PERMIT WITH CUSTOMER SUPPLIED STAMPED AND SEALED DRAWINGS. THANK YOU FOR THE OPPORTUNITY TO PROVIDE THIS QUOTATION FOR OUR PRODUCTS AND SERVICES. WE LOOK FORWARD TO WORKING WITH YOU IN THE NEAR FUTURE. ALWAYS REMEMBER WE SERVICE AND FULLY SUPPORT OUR PRODUCTS WITH KNOWLEDGEABLE AND HIGHLY TRAINED TECHNICIANS. : QUOTED BY: GARY T. SULLIVAN E.C. Page 3 Quote Date 2/12/2021 Quote # 19273 Name / Address North Palm Beach, Village of 645 Prosperity Farms Rd North Palm Beach, FL 33408 Ship To North Palm Beach Country Club Irrigation Improvements Pump ST Due Date 3/4/2021 Project Authorizing Signature Total Item Description Qty U/M Total NOTES LINE ITEM #4 - ELECTRIC MOTOR AND PUMP, 20HP 3 PHASE. PUMP STATION 1 19,816.97 NOTES LINE ITEM #5 - SUCTION LINE, AND VALVING 1 3,302.18 NOTES LINE ITEM #6 - CONCRETE SLAB AND FAN COOLED ALUMINUM ENCLOSURE 1 3,303.34 NOTES LINE ITEM #7 - ELECTRICAL CONNECTION FROM EXISTING PUMP HOUSE 1 3,073.45 Page 4 _____________________________________ $29,495.94 VILLAGE OF NORTH PALM BEACH COUNTRY CLUB TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Beth Davis, General Manager DATE: February 25, 2021 SUBJECT: RESOLUTION – Approval of awarding a Contract to Precision Landscape Company of Palm Beach County, Inc. in the amount of $55,600 for the purchase and installation of 2000 LF of 6” C-900 PVC Irrigation pipe from the golf course irrigation pump station direct to the irrigation main on U.S. One Village Staff is requesting Village Council consideration and approval of a Resolution accepting a proposal from Precision Landscape Company of Palm Beach County, Inc. (“Precision”) to furnish and install 2000 LF of 6” C-900 PVC irrigation pipe that will run from the new independent electric pump system on the golf course to the existing irrigation main on U.S. One that services the median, Village parks and the Village’s governmental center. Village Staff issued an Invitation to Bid for Country Club Irrigation Improvements and Pump Station. Precision submitted the lowest bid proposal in response to the ITB, which included both the new golf course pump station and the irrigation piping. However, upon discussion with Precision, Precision agreed to allow the Village to work directly with Sullivan Electric and Pump, Inc. to ensure that Sullivan is the same source provider for all of the Village’s course station pumps. Precision will purchase and install the pipeline from the new pump station located on the golf course directly to the main irrigation line on U.S One. This 6” pipe connection will separate from the existing golf course irrigation pump station and will eliminate the need to share water among the Country Club golf course and the Village medians and common areas. Village Staff believes that, through the Invitation to Bid process, the Village is obtaining the independent pump station and new irrigation line for the pump station at the most reasonable and fair price. The contract amount is $55,600; however, including a ten percent contingency, the total project budget will be $61,160. Funding: Personnel savings were realized in the Public Works Department as a result of not filling a vacant Irrigation Tech position. These savings increased the Village’s Fund Balance and are the intended funding source for this project. A budget amendment will be prepared at year-end if necessary. Account Information: Fund Department / Division Account Number Account Description Cost 10% Contingency Total Budget General Fund Public Works / Streets & Grounds Maintenance A7231- 66210 Construction & Major Renovation $55,600 $5,560 $61,160 The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff recommends Council adoption of the attached Resolution awarding a Contract to Precision Landscape Company of Palm Beach County, Inc. for the purchase and installation of an irrigation main line to the new pump station located on the golf course at a cost not to exceed $55,600, with funds expended from Account No. A7321- 66210 (Streets & Grounds Maintenance – Construction & Major Renovation), and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF PRECISION LANDSCAPE COMPANY OF PALM BEACH COUNTY, INC. FOR THE INSTALLATION OF A NEW IRRIGATION LINE AT THE NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff issued an Invitation to Bid for the Country Club Irrigation Improvements and Pump Station (“ITB”); and WHEREAS, Precision Landscape Company of Palm Beach County, Inc. (“Precision”) submitted the lowest bid proposal in response to the ITB; however, Village Staff recommended breaking out the pump station portion of the bid and awarding a Contract to Precision for the irrigation line portion only at a cost of $55,600.00; 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 NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing “whereas” clauses are hereby ratified and incorporated herein. Section 2. The Village Council hereby accepts the bid proposal submitted by Precision Landscape Company of Palm Beach County, Inc. for the installation of irrigation pipe from the new pump station to the irrigation main on U.S. Highway One at total cost of $55,600.00, with funds expended from Account No. A7231-66210 (Streets & Grounds Maintenance – Construction & Major Renovation). Including contingency, the total project budget shall be $61,160.00. The Village Council further authorizes the Mayor and Village Clerk to execute a contract relating to such services, a copy of which is attached hereto and incorporated herein. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ___________________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 11 CONTRACT This Contract is made as of the _______ day of _____________, 2021, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and PRECISION LANDSCAPE COMPANY OF PALM BEACH COUNTY, INC., a Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is 65-0604201. In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all goods and services requested under Invitation to Bid for Country Club Irrigation Improvements and Pump Station (“ITB”) and as further stated in CONTRACTOR’s Bid Proposal and pursuant to the terms and conditions of this Contract. ARTICLE 1. SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide goods and services as stated in the ITB and the Scope of Work and Specifications referenced therein in accordance with the Bid Proposal (hereinafter referred to as “Work”), which are incorporated herein by reference, to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the Work is provided. The Scope of Work shall exclude the purchase and installation of the pump station as delineated on lines 4 through 7 of the Schedule of Values submitted with the Bid Proposal. B. The Work provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon written notice from the VILLAGE to proceed. ARTICLE 2. PERIOD OF SERVICE. A. This Contract and the provision of all Work hereunder shall be completed by the CONTRACTOR within ninety (90) days of the VILLAGE’s issuance of a Notice of Proceed. B. The CONTRACTOR shall not be considered in default by reason of any failure in performance of the Work if such failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; unreasonable utility provider delays, unreasonable permitting delays and abnormally severe and unusual weather conditions. C. Upon the CONTRACTOR’s request, the VILLAGE shall consider the facts and extent of any failure to perform the Work and, if the CONTRACTOR’s failure to perform was without it or its subcontractor’s fault or negligence, the Contract schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the VILLAGE’s rights to change, terminate, or stop any or all of the work at any time. D. Notwithstanding the foregoing, the CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages, Page 2 of 11 including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever. Provided, however, that this provision shall not preclude recovery or damages by the CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the VILLAGE or its agents. Otherwise, the CONTRACTOR shall be entitled only to extensions of the schedule in this Contract as the sole an exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. ARTICLE 3. CONTRACT DOCUMENTS This Contract incorporates by reference all of the document set forth in the Invitation to Bid for the Country Club Irrigation Improvements and Pump Station. ARTICLE 4. VILLAGE’S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the Public Works Director. ARTICLE 5. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR’s Bid Proposal in response to the ITB. The total and cumulative amount of this Contract shall not exceed Fifty-Five Thousand Six Hundred Dollars and No Cents ($55,600.00). B. CONTRACTOR shall invoice the VILLAGE no more often than monthly on the form provided as Exhibit “A” and include such information as requested in Exhibit “A”. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the Project Engineer and/or the Village’s representative, indicating that the Work has been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE’s approval. C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR. D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. E. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on the CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all Work has been properly performed 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. The VILLAGE will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of the Work. Page 3 of 11 ARTICLE 6. USE OF DOCUMENTS. A. All documents, including but not limited to drawings, specifications, plans, reports, other items and data or programs stored electronically (collectively referred to as “Documents” hereafter), prepared by the CONTRACTOR and CONTRACTOR’s sub-contractors under this Contract shall be considered a “Work for Hire” and the exclusive property of the VILLAGE. To the extent such Documents may not be deemed a “Work for Hire” under applicable law, CONTRACTOR and CONTRACTOR’s sub-contractors will assign to VILLAGE all right, title and interest in and to CONTRACTOR’s and/or CONTRACTOR’s sub-contractors’ copyright(s) for such Documents. CONTRACTOR shall execute and deliver to VILLAGE such instruments of transfer and take such other action that VILLAGE may reasonably request, including, without limitation, executing and filing, at VILLAGE’s expense, copyright applications, assignments and other documents required for the protection of VILLAGE’s right to such Documents. The CONTRACTOR shall retain copies of the Documents for a period of three (3) years from the date of completion of the Project. The VILLAGE grants to the CONTRACTOR and CONTRACTOR’s sub-contractors the right and/or limited license to use a portion of the Documents prepared by the CONTRACTOR or the CONTRACTOR’s sub-contractors in future projects of the CONTRACTOR or the CONTRACTOR’s sub-contractors with said right and/or limited license to use a portion at CONTRACTOR’s or CONTRACTOR’s sub-contractor’s own risk and without any liability to VILLAGE. B. Any modifications made by the VILLAGE to any of the CONTRACTOR’s Documents, or any use, partial use or reuse of the Documents without written authorization or adaptation by the CONTRACTOR will be at the VILLAGE's sole risk and without liability to the CONTRACTOR. Any electronic files not containing an electronic seal are provided only for the convenience of the VILLAGE, and use of them is at the VILLAGE’s sole risk. ARTICLE 7. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. Page 4 of 11 ARTICLE 8. PERSONNEL. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the Work (including subcontractors) shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of the CONTRACTOR’s personnel (and all subcontractors) while on VILLAGE premises, will comply with all applicable requirements governing conduct, safety, and security, provided, however, that CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. All personnel working on VILLAGE park property in any capacity shall meet the same background requirements as VILLAGE employees. Should the VILLAGE discover that any person employed or retained by CONTRACTOR or any Subcontractor does not meet such requirements, the VILLAGE may request that such person be removed from VILLAGE property and CONTRACTOR shall comply with any such request. ARTICLE 9. TERMINATION. This Contract may be cancelled by the CONTRACTOR upon ten (10) days prior written notice to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for Work rendered to the VILLAGE’s satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall: A. Stop work on the date and to the extent specified; B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; C. Transfer all work in progress, completed work, and other materials related to the terminated work to the VILLAGE; and D. Continue and complete all parts of the work that have not been terminated. ARTICLE 10. INSURANCE. Prior to commencing any Work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required in the Bid Documents. All insurance, other than Worker’s Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. Page 5 of 11 ARTICLE 11. FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE’s Tax Exemption Number in securing such materials. ARTICLE 12. SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. ARTICLE 13. ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the purpose of inspection or audit during normal business hours, at the CONTRACTOR’s place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 14. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 15. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Page 6 of 11 C. The VILLAGE and CONTRACTOR 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 Contract. ARTICLE 16. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Andrew Lukasik Village Manager Village Hall 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: Precision Landscape Company of Palm Beach County, Inc. Vincenzo Giordano, President 9450 Old Dixie Highway North Palm Beach, FL 33408 The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 17. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract, including all documents referenced herein, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18. NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 19. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term “Contract” as used herein, as well as the terms “herein”, “hereof”, “hereunder”, “hereinafter” and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the Page 7 of 11 context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. ARTICLE 20. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 21. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto or incorporated herein, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 22. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 23. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 24. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR 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, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. ARTICLE 25. PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall protect the VILLAGE’s property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. B. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. Page 8 of 11 C. The CONTRACTOR shall have the responsibility to repair, rebuild or restore to its former condition any and all portions of existing utilities, structures, equipment, appurtenances or facilities, which may be disturbed or damaged. ARTICLE 26. DEFAULT. A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that the occurrence of any of the following shall be deemed a material event of d efault and shall be grounds for termination: 1. The filing of a lien by any sub -CONTRACTOR, sub-contractor or third tier sub- contractor including, but not limited to materialmen, suppliers, or laborers, upon any property, right of way, easement or other interest in land or right to use within the territorial boundaries of the VILLAGE which lien is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; 2. The filing of any judgment lien against the assets of CONTRACTOR related to the performance of this Contract which is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; or 3. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by CONTRACTOR for the benefit of creditors; or the taking possession of the property of CONTRACTOR by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of CONTRACTOR; or if a temporary or permanent receiver or trustee shall be appointed for CONTRACTOR or for CONTRACTOR's property and such temporary or permanent receiver or Trustee shall not be discharged within thirty (30) days from the date of appointment. 4. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR fails to provide the Work under this Contract on schedule as agreed to by CONTRACTOR in this Contract. B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of default within five (5) days of CONTRACTOR’s receipt of notice or knowledge of any such default. ARTICLE 27. WARRANTY. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of one (1) year following delivery and acceptance of the Work, subject to the conditions set forth in the Specifications. Should any Work fail to comply with this warranty during the warranty period, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said Page 9 of 11 defective materials and/or workmanship at CONTRACTOR’s sole expense. The CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and certify that the Work complies with the conditions set forth in such warranties, if any. ARTICLE 28. TIME IS OF THE ESSENCE/LIQUIDATED DAMAGES. Time is of the essence in all respects under this 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 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay to the VILLAGE an amount equal to $250.00 per day for each calendar day that expires after the time specified for completion. Liquidated damages may be deducted from payments due to the CONTRACTOR. ARTICLE 29. REPRESENTATIONS/BINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. ARTICLE 30. 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 an unauthorized alien. 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(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. ARTICLE 31. INSPECTOR GENERAL. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. ARTICLE 32. PUBLIC RECORDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION Page 10 of 11 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: 1. Keep and maintain public records required by the VILLAGE to perform the service. 2. 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. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. 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. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: BY: Print Name: Title:_____________________________ Page 11 of 11 VILLAGE OF NORTH PALM BEACH BY: ________________________________ SUSAN BICKEL MAYOR ATTEST: BY:________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ LEONARD G. RUBIN VILLAGE ATTORNEY EXHIBIT “A” INVOICE FORM AND REQUIREMENTS (FORM ATTACHED) APPLICATION FOR PAYMENT NO. ________ To: VILLAGE OF NORTH PALM BEACH (OWNER) From: _________________________________ Contract: Country Club Irrigation Improvements and Pump Station For Work accomplished through the date of: , 2021. 1. Original Contract Price: $_________________ 2. Net change by Change Orders and Written Amendments (+ or -): $_________________ 3. Current Contract Price (1 plus 2): $_________________ 4. Total completed and stored to date: $_________________ 5. Retainage (per Agreement): Five percent (5%) of completed Work, material and equipment purchased: $_________________ 6. Total completed and stored to date less retainage (4 minus 5): $_________________ 7. Less previous Application for Payments: $_________________ 8. DUE THIS APPLICATION (6 MINUS 7): $_________________ Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done and goods purchased under the Contract referred to above have been applied on account to discharge CONTRACTOR’s legitimate obligations incurred in connection with Work, materials and equipment covered by prior Applications for Payment numbered 1 through _____ inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances, and (3) all Work, materials and equipment covered by this Application for Payment are in accordance with the Contract Documents and not defective. Dated ____________________________ By: _____________________________________ Contractor State of ______________________________ County of ____________________________ Subscribed and sworn to before me this _____ day of __________________, 2021 ____________________________________ Notary Public My Commission expires: _____________________ Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated ___________________________ By: _____________________________________ INVITATION FOR SEALED BIDS FOR Country Club Irrigation Improvements and Pump Station VILLAGE OF NORTH PALM BEACH 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FL 33408 ADVERTISEMENT, INSTRUCTIONS TO BIDDERS, BID FORMS, SPECIFICATIONS AND CONTRACT DOCUMENTS ADVERTISEMENT VILLAGE OF NORTH PALM BEACH INVITATION TO BID FOR COUNTRY CLUB IRRIGATION IMPROVEMENTS AND PUMP STATION The Village of North Palm Beach will be receiving sealed bids for Country Club Irrigation Improvements and Pump Station within the Village of North Palm Beach 3:00 P.M. on February 2, 2021 at which time they will be opened and read aloud in the Village Hall Council Chambers. All sealed bids shall be submitted to the Village Clerk's Office, 501 U.S. Highway One, North Palm Beach, Florida 33408. The complete Invitation to Bid, including all specifications and bid forms, may be obtained by bona fide bidders upon application at the Village Clerk's Office, 501 US Highway 1, North Palm Beach, FL 33408 or from the Village website at: www.villa,,,eg_-npb.org and DemandStar. A mandatory pre -Bid meeting is scheduled for 10:00 A.M. EST on Tuesday, January 26, 2021 at the North Palm Beach Country Club Golf Shop, 951 US Highway 1, North Palm Beach, Florida 33408. Failure to attend the mandatory pre -Bid meeting may result in the rejection of your Bid. Bids in excess of $50,000 must be accompanied by Bid Security. The amount of the security shall not be less than five (5) percent of the Bidder's total price as indicated in the Bid Proposal Form. No bid may be withdrawn for a period of 60 days after the scheduled closing date for the receipt of bids. The Village of North Palm Beach shall accept the bid of the responsible bidder that best meets the needs of the Village, taking into consideration, among other things, the financial responsibility of the bidder, proven skill and experience, capability to perform the contract on a timely basis, previous satisfactory performance, and such other abilities of the bidder that the Village, in its sole discretion, determines will enable the bidder to perform effectively and efficiently. The Village reserves the right to reject any and all bids, in whole or in part, to make awards either as individual items or as a total combined bid, whichever it considers in the best interest of the Village, and to waive any informality in any bid. VILLAGE OF NORTH PALM BEACH, FLORIDA Andrew Lukasik, Village Manager Publish: Palm Beach Post Date: January 19, 2021 Demand Star January 19, 2021 Village Website: January 19, 2021 INSTRUCTIONS TO BIDDERS AND TERMS AND CONDITIONS GENERAL INFORMATION The Bid Documents consist of: 1. Invitation to Bid/Advertisement; 2. Instructions to Bidders and Terms and Conditions; 3. Scope of Work/Specifications; 4. Bid Bond Form; 5. Drug Free Workplace Certification; 6. Sworn Statement on Public Entity Crimes; 7. Scrutinized Vendor Certification; 8. Bid Proposal Form; 9. Standard Contract; 10. Any Addenda issued prior to the date designated for receipt of bids. Complete sets of the Bid Documents shall be used in preparing the submitted Bid. The Village of North Palm Beach ("Village") does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. The Bid Proposal Form is to be filled in, signed, and all required documents are to be placed in a sealed envelope bearing the words "Country Club Irrigation Improvements and Pump Station " on the outside and mailed or hand -delivered to the Village Clerk on or before the specified time and date. Each Bidder shall submit one (1) original, three (3) copies and one (1) electronic copy of its Bid. It is the Bidder's sole responsibility to ensure that its Bid is received by the Village Clerk on or before the closing date and time. The Village shall in no way be responsible for delays caused by any other occurrence. Bids submitted by telephone, telegram or facsimile will not be accepted. The bid opening time shall be scrupulously observed. Under no circumstances shall bids delivered after the time specified be considered. Such bids shall be returned unopened. All bids must be typewritten or filled in with pen and ink. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed or the signature attested to by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. All corrections made to the bid price must be initialed. Bidders shall not be allowed to modify their bids after the opening time and date. Instructions - 1 - Pursuant to Section 119. 071(1)(b)2, Florida Statutes, sealed bids remain exempt from public disclosure until such time as the Village provides notice of its intended decision to accept a Bid or for thirty (30) days after opening, whichever is earlier. The submission of a bid shall constitute an incontrovertible representation by the Bidder that the Bid Documents and Contract are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the requested services. For information concerning this Invitation to Bid, please contact: Allan Bowman Village of North Palm Beach 951 US Highway 1 North Palm Beach, FL 33408 561-691-3433 All questions must be submitted in writing by e-mail to abowman@village-npb.org at least five (5) days prior to the bid opening. ACCEPTANCE/REJECTION The Village reserves the right to accept or to reject any or all bids in whole or in part, with or without cause, to waive any informalities and technicalities and to make the award to the Bidder, who in the sole opinion of the Village, is the lowest responsive, responsible Bidder and whose Bid will be most advantageous to the Village. The Village reserves the right to reject the Bid of any Bidder who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award. The Village reserves the right to re -issue the Invitation to Bid. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the Bid Response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid, whether submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the terms and conditions in this Invitation to Bid solicitation are the only conditions applicable to the Bid and the Bidder's authorized signature affixed to the Bidder's proposal form attests to this. INTERPRETATIONS, CLARIFICATIONS AND ADDENDA No oral interpretations will be made to any Bidder as to the meaning of the Bid Documents. Any inquiry or request for interpretation received five (5) or more days prior to the date fixed for opening of Bids will be given consideration. All such changes and interpretations will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective Bidders prior to the established Bid opening date. Submission of a Bid constitutes acknowledgment by the Bidder of the receipt of addenda. All addenda are a part of the Bid Documents and each Bidder will be bound by such addenda, whether or not received by him. It is the responsibility of each Bidder to verify that he has received all addenda issued before Bids Instructions - 2 - INSTRUCTIONS TO BIDDERS AND TERMS AND CONDITIONS GENERAL INFORMATION The Bid Documents consist of: 1. Invitation to Bid/Advertisement; 2. Instructions to Bidders and Terms and Conditions; 3. Scope of Work/Specifications; 4. Bid Bond Form; 5. Drug Free Workplace Certification; 6. Sworn Statement on Public Entity Crimes; 7. Scrutinized Vendor Certification; 8. Bid Proposal Form; 9. Standard Contract; 10. Any Addenda issued prior to the date designated for receipt of bids. Complete sets of the Bid Documents shall be used in preparing the submitted Bid. The Village of North Palm Beach ("Village") does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. The Bid Proposal Form is to be filled in, signed, and all required documents are to be placed in a sealed envelope bearing the words "Country Club Irrigation Improvements and Pump Station " on the outside and mailed or hand -delivered to the Village Clerk on or before the specified time and date. Each Bidder shall submit one (1) original, three (3) copies and one (1) electronic copy of its Bid. It is the Bidder's sole responsibility to ensure that its Bid is received by the Village Clerk on or before the closing date and time. The Village shall in no way be responsible for delays caused by any other occurrence. Bids submitted by telephone, telegram or facsimile will not be accepted. The bid opening time shall be scrupulously observed. Under no circumstances shall bids delivered after the time specified be considered. Such bids shall be returned unopened. All bids must be typewritten or filled in with pen and ink. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed or the signature attested to by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. All corrections made to the bid price must be initialed. Bidders shall not be allowed to modify their bids after the opening time and date. Instructions - 1 - Pursuant to Section 119.071(1)(b)2, Florida Statutes, sealed bids remain exempt from public disclosure until such time as the Village provides notice of its intended decision to accept a Bid or for thirty (30) days after opening, whichever is earlier. The submission of a bid shall constitute an incontrovertible representation by the Bidder that the Bid Documents and Contract are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the requested services. For information concerning this Invitation to Bid, please contact: Allan Bowman Village of North Palm Beach 951 US Highway 1 North Palm Beach, FL 33408 561-691-3433 All questions must be submitted in writing by e-mail to abowman@village-npb.org at least five (5) days prior to the bid opening. ACCEPTANCE/REJECTION The Village reserves the right to accept or to reject any or all bids in whole or in part, with or without cause, to waive any informalities and technicalities and to make the award to the Bidder, who in the sole opinion of the Village, is the lowest responsive, responsible Bidder and whose Bid will be most advantageous to the Village. The Village reserves the right to reject the Bid of any Bidder who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award. The Village reserves the right to re -issue the Invitation to Bid. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the Bid Response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid, whether submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the terms and conditions in this Invitation to Bid solicitation are the only conditions applicable to the Bid and the Bidder's authorized signature affixed to the Bidder's proposal form attests to this. INTERPRETATIONS, CLARIFICATIONS AND ADDENDA No oral interpretations will be made to any Bidder as to the meaning of the Bid Documents. Any inquiry or request for interpretation received five (5) or more days prior to the date fixed for opening of Bids will be given consideration. All such changes and interpretations will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective Bidders prior to the established Bid opening date. Submission of a Bid constitutes acknowledgment by the Bidder of the receipt of addenda. All addenda are a part of the Bid Documents and each Bidder will be bound by such addenda, whether or not received by him. It is the responsibility of each Bidder to verify that he has received all addenda issued before Bids Instructions - 2 - INSTRUCTIONS TO BIDDERS AND TERMS AND CONDITIONS GENERAL INFORMATION The Bid Documents consist of: 1. Invitation to Bid/Advertisement; 2. Instructions to Bidders and Terms and Conditions; 3. Scope of Work/Specifications; 4. Bid Bond Form; 5. Drug Free Workplace Certification; 6. Sworn Statement on Public Entity Crimes; 7. Scrutinized Vendor Certification; 8. Bid Proposal Form; 9. Standard Contract; 10. Any Addenda issued prior to the date designated for receipt of bids. Complete sets of the Bid Documents shall be used in preparing the submitted Bid. The Village of North Palm Beach ("Village") does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. The Bid Proposal Form is to be filled in, signed, and all required documents are to be placed in a sealed envelope bearing the words "Country Club Irrigation Improvements and Pump Station " on the outside and mailed or hand -delivered to the Village Clerk on or before the specified time and date. Each Bidder shall submit one (1) original, three (3) copies and one (1) electronic copy of its Bid. It is the Bidder's sole responsibility to ensure that its Bid is received by the Village Clerk on or before the closing date and time. The Village shall in no way be responsible for delays caused by any other occurrence. Bids submitted by telephone, telegram or facsimile will not be accepted. The bid opening time shall be scrupulously observed. Under no circumstances shall bids delivered after the time specified be considered. Such bids shall be returned unopened. All bids must be typewritten or filled in with pen and ink. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed or the signature attested to by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. All corrections made to the bid price must be initialed. Bidders shall not be allowed to modify their bids after the opening time and date. Instructions - 1 - Pursuant to Section 119.071(1)(b)2, Florida Statutes, sealed bids remain exempt from public disclosure until such time as the Village provides notice of its intended decision to accept a Bid or for thirty (30) days after opening, whichever is earlier. The submission of a bid shall constitute an incontrovertible representation by the Bidder that the Bid Documents and Contract are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the requested services. For information concerning this Invitation to Bid, please contact: Allan Bowman Village of North Palm Beach 951 US Highway I North Palm Beach, FL 33408 561-691-3433 All questions must be submitted in writing by e-mail to abowman@village-npb.org at least five (5) days prior to the bid opening. ACCEPTANCE/REJECTION The Village reserves the right to accept or to reject any or all bids in whole or in part, with or without cause, to waive any informalities and technicalities and to make the award to the Bidder, who in the sole opinion of the Village, is the lowest responsive, responsible Bidder and whose Bid will be most advantageous to the Village. The Village reserves the right to reject the Bid of any Bidder who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award. The Village reserves the right to re -issue the Invitation to Bid. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the Bid Response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid, whether submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the terms and conditions in this Invitation to Bid solicitation are the only conditions applicable to the Bid and the Bidder's authorized signature affixed to the Bidder's proposal form attests to this. INTERPRETATIONS, CLARIFICATIONS AND ADDENDA No oral interpretations will be made to any Bidder as to the meaning of the Bid Documents. Any inquiry or request for interpretation received five (5) or more days prior to the date fixed for opening of Bids will be given consideration. All such changes and interpretations will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective Bidders prior to the established Bid opening date. Submission of a Bid constitutes acknowledgment by the Bidder of the receipt of addenda. All addenda are a part of the Bid Documents and each Bidder will be bound by such addenda, whether or not received by him. It is the responsibility of each Bidder to verify that he has received all addenda issued before Bids Instructions - 2 - are opened. No authorization is allowed by Village personnel or the Village Engineer to interpret, or give information as to Bid requirements in addition to that which is contained in the written Bid document and addenda. CONTRACTUAL AGREEMENT All terms and conditions of the Bid Documents shall be included and incorporated in the Standard Contract, a copy of which is included in the Bid Documents. The order of contract precedence shall be the Contract and then Bid Documents and Bid Response. LEGAL REQUIREMENTS A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. VARIANCES The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications for the Contract being proposed. For purposes of bid evaluation, Bidders must indicate any variances to the specifications, terms and conditions, no matter how slight. If variations are not stated in the bid, the Village shall construe the Bid to fully comply with the specifications, terms and conditions as given herein. AWARD The Village will award the bid to the lowest and best responsive responsible bidder in its sole determination. BID WITHDRAWAL Any bid may be withdrawn up until the time set for opening of the bids. Any bid not so withdrawn shall, upon opening, constitute an irrevocable offer to sell to the Village the goods or services set forth in the attached specifications until one or more of the bids have been duly accepted by the Village. If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with the Village and promptly demonstrates to the reasonable satisfaction of the Village that there was a material and substantial mistake in the preparation of his/her Bid, that Bidder may withdraw his/her Bid. Thereafter, that Bidder will be disqualified from further bids on the work. Instructions - 3 - CERTIFICATION When applicable, vendor must hold Certificate of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board and a current Business Tax Receipt. Copies of such Certificate and Receipt must be submitted with the Bid and must be in the name of the vendor shown on the Bid Proposal page. NON -APPROPRIATIONS The obligations of the Village to make a Bid award and execute a Contract under the terms of this Invitation to Bid" are contingent upon funds lawfully appropriated for this purpose. Should funds not be appropriated for this purpose, the Village, at its sole discretion, shall have the right to reject all bids. BID FORMS In filling out bid forms, Bidders shall be governed by the following provisions. A) Bids must be made on the blanks provided herewith. B) Bid amount shall be shown in words and figures. In the event of a discrepancy, the words shall control. C) Any bid which in any manner fails to conform to the condition of the published notice may be rejected. D) Bids must be signed in ink by the Bidder with the signature in full. E) Bids that contain any omission, erasure, alteration, addition or item not called for, or that show irregularities of any kind, will be considered as informal or irregular. This will constitute cause for the rejection of the Bid. F) If a Bidder wishes to change prices, they shall strike the price and add the changes in the appropriate space. Changes shall be initialed by the person submitting the bid. Any changes or alteration of prices in the bid must be initialed. Failure to initial these changes or illegible entries or corrections or prices may be cause for the rejection of the bid as informal or irregular. QUALIFICATION OF BIDDERS This Bid shall be awarded only to a responsible Bidder, qualified by experience to provide the Work specified. The Bidder shall submit the following information with its Bid: A. Demonstration of Bidder's training and experience in similar work. B. List and brief description of similar work satisfactorily performed with location, dates of contracts, names, telephone numbers, e-mail addresses and physical addresses of the owners. This list shall include at least five (5) individuals or corporations. Instructions - 4 - C. List of equipment and facilities available to do the work. Failure to submit the above requested information may be cause for rejection of the Bid. SITE ACCESS AND DUTIES For the performance of the contract, the contractor will be permitted to occupy such portions of Village property as permitted by the owner or its representative or as necessary to complete requested services. The contractor shall leave the site of work in a neat and orderly condition equal to that which originally existed. REGULATIONS, PERMITS AND FEES The selected Bidder must comply with all Federal, State and local laws and regulations that may apply. INSURANCE REQUIREMENTS A) Prior to the approval of the Contract, the selected Bidder shall provide to the Village certificates evidencing insurance coverage in the minimum amounts as required hereunder. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The certificates shall clearly indicate that the selected Bidder has obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the Village. Failure to comply with the foregoing requirements shall not relieve the selected bidder of its liability and obligations under a resulting contract. B) The selected Bidder shall maintain, during the life of a resulting contract, commercial general liability, including contractual liability insurance, in the amount of $1,000,000 per occurrence or $2,000,000 in aggregate to protect the selected Bidder from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under a resulting contract, whether such operations be performed by the selected bidder or by anyone directly employed by or contracting with the selected bidder. C) The selected Bidder shall maintain, during the life of a resulting contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect the selected bidder from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the selected bidder or by anyone directly or indirectly employed by the selected Bidder. D) The parties to the resulting contract shall carry Workers' Compensation Insurance and Employer's Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall Instructions - 5 - provide a copy of such exemption to the other party. E) All insurance, other than Worker's Compensation, to be maintained by the selected bidder shall specifically include the Village as an Additional Insured. CONE OF SILENCE This Invitation to Bid is expressly subject to the Cone of Silence provisions of Section 2-355 of the Palm Beach County Code of Ordinances. Any contract entered into in violation of the cone of silence provisions shall render the transaction voidable. NON -COLLUSION By submitting a Bid, each Bidder affirmatively represents that neither the Bidder nor any of its officers, partners, owners, agents, representatives or employees have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder to submit a collusive or sham Bid or have in any manner directly or indirectly sought by agreement or collusion to fix the prices of the Bid or to secure through any agreement or collusion any advantage. The prices quoted in the 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, or employees. Instructions - 6 - BID PROPOSAL FORM Bid of 99 , 3 Z- Com' . © C' to furnish all labor, materials, equipment, tools, construction equipment and machinery, utilities and other facilities and services necessary for the proper execution and completion of the Work set forth in the in Bid Documents for: Invitation to Bid for Country Club Irrigation Improvements and Pump Station. NOTE: Bids shall include all sales taxes, all other applicable fees, and all requirements of the Bid Documents (even if not specifically called out in the Summary of Bid Items). Bidder agrees to perform all Work described in the Bid Documents, including but not limited to the Scope of Work and Specifications, for the following lump sum: TOTAL AMOUNT OF BID: meq, 320 . ov Written Out: Alt -161\/ 'tklc– h T ec= L t t O R. el D TW 04 T Dollars and Z Ga=d dents. TIME OF COMPLETION: The Bidder warrants completion of all Work within ninety (90) calendar days from the Village's issuance of a Notice to Proceed. The undersigned Bidder has carefully examined the Bid Documents and the site of the proposed Work. The undersigned is familiar with the nature and extent of the Work and any local conditions that may in any manner affect the work to be done. The undersigned agrees to do all the Work and furnish all materials called for by the Bid Documents, in the manner prescribed therein and to the standards of quality and performance established by the Village of North Palm Beach, for the price and within the number of days designated above. The Bidder certifies that the price quoted above includes all labor and maKrialk o c, nstruct all improvements set forth in the Bid Documents except those expressly VillIne—, Title ViNCCAZO t 0 4kt D Print Name 510 can Date Phone Number Owv M &LM IEAC_ tt P L_ 33 A-0'25- Address 3 Address N/A VIN916e (PA15Ci5-To&1 4AAJ05(A PC CaM Fax Number E-mail W' ess d r tested by: rintName: KugSgT,4i/JUC-5 ITEM NO. 2 NOTE: GOLF PLAY SHALL BE MAINTAINED AT ALL TIMES ITEM NO. 4 NOTE: MOTOR AND PUMP SHALL BE MANUFACTURED BY SULLIVAN ELECTRIC AND PUMP, INC. OR APPROVED EQUAL (OAE) ITEM NO. 11 NOTE: GRASS REPLACEMENT SHALL BE LATITUDE 36 BERMUDA GRASS 566-, CLO-PX CoTl bEksaV FdR CL 2 D CL 0 Z U V W J W Z Q J J D C13 W o W a a LL Q D 0 ZaLu 2 a W Z m J N LU aCo J Q a n ZgQ a w LL 0J O 2 LU LLI O O z z N d' Z Z LU w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 R" O O O O t- u1 0 0 0 0 0 0 0 N N Rar"% to 1- N e-1 O I- 00 I d' 00 r-1 00 d' m M F-' CO Ln m It ri M M r -i d' N ui rn t Q to V/ - t/). to to vj- V). to to t/} V). 4A t/} V)- i/} t/- to to f0 f0 F- F- N: N w a O ui 0 H r-1 r-1 N M 00 LL OC CL yy J NNJ NNJ J J J J J J Jmow; J d Nf Lu a Q Z Q Q U U Lr N Q Q z O a z g cz o i rx w zLLJ Q of CC Z Q WLL.Q' k Z C 0. J N W N V) 0 Q w a Z a w W LU a H a N a w F- U Z Z o N M N OUc~C o nz. Z a Z U O Z C W: m a J W C7 Z v ZLU U Z O Z O} o Q C N H Q Z a g N o O w Z Q z Z a Z Q ZO a Q LL w Zuo Qv_=< wO 0 v Q m W Q N Q z C7 w Q Z z C7mOWujZmOaOmZ Z Wcc F- z CO 0 ec H I- O Z a O Z g j p a Y H a d F= Q Z O O W Q a u O g WN J_ W IJ U b w U 0 O W Q c~ W O Z i oC m Z IC - C t O U IO - C b Z a Ln J uj A Z OU LL,U z OU a 0 ON W z a w d w iD Q o ui r l N m d Ln w 1 00 0) 0 I e-1 r -I N r-1 m r -I d r-1 u1 ri w e -I 1l- e-1 00 r -I 0) r-1 O NOe a CL 2 D CL 0 Z U V W J W Z Q J J D C13 W o W a a LL Q D 0 ZaLu 2 a W Z m J N LU aCo J Q a n ZgQ a w LL 0J O 2 LU LLI O O z z N d' Z Z LU w is ; 13 -MI BIDDER (Name and Address): Precision Landscape Company of Palm Beach County 9450 Old Dixie Highway, North Palm Beach, FL 33403 SURETY (Name and Address and Principal Place of Business): United States Fire Insurance Company 305 Madison Avenue, Morristown, NJ 07962 OWNER (Name and Address): Village of North Palm Beach 501 US Highway One, North Palm Beach, FL 33408 BID DUE DATE: 02/05/2021 PROJECT: Country Club Irrigation Improvements and Pump Station BOND: BOND NUMBER: N/A DATE (Not later than Bid due date): 02/05/2021 PENAL SUM: Five Percent of Amount Bid Words) 5% of Amount Bid Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the next page hereof, do cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER Precisi Attest: n ca Co any of Palm Beach County Seal lip Si n t e and Title Ll. Signature and Title SURETY United States Fire Insurance Company -Seal By: Signature and Title Brett Rosenhaus, Attorneyin-Fact Attach Power of Attorney) Attest: S'gnature and Title witness PO WER O F ATTORNEY UNITED STATES. FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN, NEW JERSEY 027254278.2,0 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws ofthe state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Brett Rosenhaus, Dale Bel s, Rieharrl.Zimmernian. each, its true and lawful Attoniey(s)'-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge -and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course ofsuiety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts. or penalties not exceeding: Seven Million, Five.Hundred Thousand Dollars ($7,500,000), This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power ofAttorney revokes all previous Powers ofAttomey issued on behalf ofthe Attorneys -In -Fact named above and expires on January 31,, 2021. This Power of Attorney is .granted pursuant to Article IV ofthe By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof which Articles provide, in pertinent part: Article IV, Execution of Instruments Except as the Board of Directors may authorize by resolution, the Chairman ofthe Bowra, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf ofthe Corporation a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including; without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers ofattomey or revocations ofany powers of attorney, stipulations, policies of deeds,, leases, mortgages, releases, satisfactions and agency agreements; b) to appoint, in writing, one or more, persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the. seal ofthe Corporation. Article Ill, Officers; Section 3.11, Facsimile Signatures. The signature of any officer authorized by the. Corporation to sign any :bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers ofattorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend wan -ants or checks, or other numerous .instnrmetits :similar to one another in firm, may be. signed by the facsimile. signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation .as from time to time may be authorized to sign such instrwrtents on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers ofthe Corporation, notwithstanding the fact that `he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 22ad day.ofAugust 2019. UNITED STATES FIRE INSURANCE' COMPANY v Anthony R. Slimowicz, Executive Vice President State of Pennsylvania } County of Philadelphia } On this 2V4 day of August 2019, before me, a Notary public of the State of Pennsylvania, came the above named officer of United States. Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal. of United States Fire Insurance Company thereto by the authority of his office. Commonwealth of Pennsylvania—Notary Seal Tamara Watldns, Notary Public Philadelphia County My commission expires August22, 2023 Commission number 1348843 Tamara Watkins Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true.and correct copy is still in force and effect and has not been. revoked February 2.1` IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance .Company ,on the 5th day of 20 UNITED STATES FIRE INSURANCECX,)1PANY t .•f f r Al Wright, Senior Vice President 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder the penal sum set forth in the face of this Bond. 2. Default of Bidder shall occur upon failure of the Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by the Owner) the executed Contract required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Contract required by the Bidding Documents and any performance and payment bonds or public construction bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner. 4. Payment under this Bond will be due and payable upon default by Bidder within 30 calendar days after receipt by Bidder and surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. No suit or action shall be commenced under this Bond prior to thirty (30) calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 6. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state and county in which the Project is located. 7. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of the Bond. Such notices may be sent by personal delivery, commercial courier, or by United States registered or certified mail, return receipt required, postage pre -paid and shall be deemed to be effective upon receipt by the party concerned. 8. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 9. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted form this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 10. The term "Bid" as used herein include a bid, offer or proposal as applicable. DRUG FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certAthhisfi c with the above requirements. Bidder's Si SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 1. This sworn statement is submitted to the Village of North Palm Beach, Florida by VT-CZN7-0 GrX:C>?-.1PALk D ?K155 -S DGA4 -r print individual's name and title) „ for print name of entity submitting sword statement) NT whose business address is 9450 OLP TIIYI _t 41qQ TAL14 Lt4 — and (if applicable) its Federal Employer Identification Number (FEIN) is: 165-060y-2,01 If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into 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. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. 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 charged with and convicted of a public entity crime subsequent to July 1, 1989. 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 charged with and convicted of a public entity crime subsequent to July 1, 1989. e entity gsubmittin 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 charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH TT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFOR THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS T ESHOLD AMOUNT PROVIDED IN SECTION 287. 017, FLORIDA STAT FO C EGO Y TWO OF ANY CHANGE IN THE INFORMATION C NTAINE INT FO Sign to e) The foregoing document was sworn and subscribed before me this 411 day of F09 -LA ARI , 2021 by 1INCEN10 G11090Atio who is personally known to me or produced IF L OL as identificati i PV''•, RAQUEL HERNANDEZP¢Y Notary Public -State ofFlorida Notdry Public Commission # GG 071306 My CommissiMyComm. Expires Jun 5, 2021 3orded through National Notary Assn. ires: 6-5.2.021 SCRUTINIZED VENDOR CERTIFICATION PURSUANT TO SECTION 287.135, FLORIDA STATUTES This sworn statement is submitted to the Village of North Palm Beach, Florida by 1 SCG G`DAb•l. R,S9'De7U p 'nt individual's name and title) for COM ,au qtA-LM 'IC -AC 14 CDU14`yrintnameofentitysubmittingswornstatement) whose business address is U-0 OLDDi,6 S u V.ALM' AC.1 t_. 33 Ck-d 3 and (if applicable) its Federal Employer Identification Number (FEIN) is: ,,J5-- OLNR_tp t 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 Petroleum Energy 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 proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, 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 the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes 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 'th th i age for goods or services may be terminated at the option of the Village if the co ha beeq found to have submitted a false certification. Signature) The foregoing document was sworn and subscribed before me this day of T"WRUA-y 2021 by VINCERW &C OWNd who is personally known to me or produced FI- Dl. as identifie a ion. RAQUEL HERNANDEZ Notary Public - State of Florida Notary OublicCommission # GG 071306 My Comm. Expires Jun 5,2021 My Commission Expires: S. 2d2) FOFf1 Bonded through National Notary Assn. CONTRACTOR VERIFICATION FORM THE FOLLOWING IS TO BE COMPLETED BY PRIME BIDDER: Name of Firm: ?v5cT_F;T_ovA LA1JT_-)sc^P c CMAPA" Corporate Title: Address: 945 D 0 Q 1 x% C 104LM Zip Code) Telephone: (%o FON — b 6 6 to Fax: E-mail: a (, pwaTy vim ttLE@ i ECs6rorl Ln,DSCA PCCo. CoM State License # 1j C z DO'415 (ATTACH COPY) County License # 0 L?_D q Z+ (ATTACH COPY) Village License: (ATTACH PROOF OF REGISTRATION WITH THE VILLAGE) Type of License: Unlimited If "NO", Limited to what trade? yes/no) SCOPE OF WORK/SPECIFICATIONS Contractor shall supply all materials, labor, equipment, vehicles and incidentals for providing a new 6" C-900 PVC Irrigation Main and Electric Pump Station ("Work") as detailed on the following construction drawings: Irrigation Improvement Plans dated December 1, 2020 (North Palm Beach County Club to U.S. Highway One) prepared by Engenuity Group and consisting of the following: Cl Cover Sheet C2 Key Map and Erosion Control Plan C3-6 Engineering Plan C7 Details C8 Irrigation Main Profile El Electrical Plan dated October 20, 2020 by Bannon & Gillespie, LLC The Work will generally include a trench excavation operation across the existing golf course with a connection to the existing service line feeding the U.S. Highway One irrigation main at the specified location. The electric pump station will be a standalone facility near the golf course pump house with an independent suction line from the lake and electrical service coming from the pump house electrical components. Contractor shall take precautions to protect the surrounding work areas, including existing utilities and irrigation systems, the golf course grass and associated elements of the golf course and lake. Contractor shall backfill and replace the Bermuda grass with like kind and at the same grade, along with other associated areas (bunkers, waste areas, pathways, lake and lake banks, landscaping, etc.). Pollution prevention measures shall be employed as necessary during the course of the work. Specifications -1- CONTRACT This Contract is made as of the 5 day of FE kU , 2021, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporatioh organized and existing under the laws of the State o Florida, hereinafter referred to as VILLAGE, and R5-150N gCAfar L-0KI9 korporation or partnership authorized to do business in the State oT orida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is 5 "0(0& - 2Ol In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all goods and services requested under Invitation to Bid for Country Club Irrigation Improvements and Pump Station ("ITB") and as further stated in CONTRACTOR's Bid Proposal and pursuant to the terms and conditions of this Contract. ARTICLE 1. SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services as stated in the ITB and the Scope of Work and Specifications referenced therein in accordance with the Bid Proposal hereinafter referred to as "Work"), which are incorporated herein by reference, to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the Work is provided. B. The Work provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon written notice from the VILLAGE to proceed. ARTICLE 2. PERIOD OF SERVICE. A. This Contract and the provision of all Work hereunder shall be completed by the CONTRACTOR within ninety (90) days of the VILLAGE's issuance of a Notice of Proceed. B. The CONTRACTOR shall not be considered in default by reason of any failure in performance of the Work if such failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; unreasonable utility provider delays, unreasonable permitting delays and abnormally severe and unusual weather conditions. C. Upon the CONTRACTOR's request, the VILLAGE shall consider the facts and extent of any failure to perform the Work and, if the CONTRACTOR's failure to perform was without it or its subcontractor's fault or negligence, the Contract schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the VILLAGE's rights to change, terminate, or stop any or all of the work at any time. D. Notwithstanding the foregoing, the CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, Page 1 of 11 disruption, interference or hindrance from any cause whatsoever. Provided, however, that this provision shall not preclude recovery or damages by the CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the VILLAGE or its agents. Otherwise, the CONTRACTOR shall be entitled only to extensions of the schedule in this Contract as the sole an exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. ARTICLE 3. CONTRACT DOCUMENTS This Contract incorporates by reference all of the document set forth in the Invitation to Bid for the Lighthouse Drive Culvert Sliplining Project as if fully set forth herein. ARTICLE 4. VILLAGE'S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be the Public Works Director. ARTICLE 5. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR's Bid Proposal in response to the ITB. Contract shall not exceed CONTRACTOR in accordance with The total and cumulative amount of this clq 3 7- 0. oc-) ). B. CONTRACTOR shall invoice the VILLAGE no more often than monthly on the form provided as Exhibit "A" and include such information as requested in Exhibit "A". Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the Project Engineer and/or the Village's representative, indicating that the Work has been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE's approval. C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR. D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. E. In order for both parties herein to close their books and records, CONTRACTOR will clearly state "final invoice" on the CONTRACTOR's final/last billing to the VILLAGE. This certifies that all Work has been properly performed 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. The VILLAGE will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of the Work. Page 2 of 11 ARTICLE 6. USE OF DOCUMENTS. A. All documents, including but not limited to drawings, specifications, plans, reports, other items and data or programs stored electronically (collectively referred to as "Documents" hereafter), prepared by the CONTRACTOR and CONTRACTOR's sub -contractors under this Contract shall be considered a "Work for Hire" and the exclusive property of the VILLAGE. To the extent such Documents may not be deemed a "Work for Hire" under applicable law, CONTRACTOR and CONTRACTOR's sub -contractors will assign to VILLAGE all right, title and interest in and to CONTRACTOR's and/or CONTRACTOR's sub -contractors' copyright(s) for such Documents. CONTRACTOR shall execute and deliver to VILLAGE such instruments of transfer and take such other action that VILLAGE may reasonably request, including, without limitation, executing and filing, at VILLAGE's expense, copyright applications, assignments and other documents required for the protection of VILLAGE's right to such Documents. The CONTRACTOR shall retain copies of the Documents for a period of three (3) years from the date of completion of the Project. The VILLAGE grants to the CONTRACTOR and CONTRACTOR's sub -contractors the right and/or limited license to use a portion of the Documents prepared by the CONTRACTOR or the CONTRACTOR's sub -contractors in future projects of the CONTRACTOR or the CONTRACTOR's sub -contractors with said right and/or limited license to use a portion at CONTRACTOR's or CONTRACTOR's sub -contractor's own risk and without any liability to VILLAGE. B. Any modifications made by the VILLAGE to any of the CONTRACTOR's Documents, or any use, partial use or reuse of the Documents without written authorization or adaptation by the CONTRACTOR will be at the VILLAGE's sole risk and without liability to the CONTRACTOR. Any electronic files not containing an electronic seal are provided only for the convenience of the VILLAGE, and use of them is at the VILLAGE's sole risk. ARTICLE 7. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. Page 3 of I I ARTICLE 8. PERSONNEL. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the Work (including subcontractors) shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of the CONTRACTOR's personnel (and all subcontractors) while on VILLAGE premises, will comply with all applicable requirements governing conduct, safety, and security, provided, however, that CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. All personnel working on VILLAGE park property in any capacity shall meet the same background requirements as VILLAGE employees. Should the VILLAGE discover that any person employed or retained by CONTRACTOR or any Subcontractor does not meet such requirements, the VILLAGE may request that such person be removed from VILLAGE property and CONTRACTOR shall comply with any such request. ARTICLE 9. TERMINATION. This Contract may be cancelled by the CONTRACTOR upon ten (10) days prior written notice to the VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for Work rendered to the VILLAGE's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall; A. Stop work on the date and to the extent specified; B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; C. Transfer all work in progress, completed work, and other materials related to the terminated work to the VILLAGE; and D. Continue and complete all parts of the work that have not been terminated. ARTICLE 10. INSURANCE. Prior to commencing any Work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required in the Bid Documents. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. Page 4 of 11 ARTICLE 11. FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE's Tax Exemption Number in securing such materials. ARTICLE 12. SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. ARTICLE 13. ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the purpose of inspection or audit during normal business hours, at the CONTRACTOR's place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 14. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 15. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Page 5 of 11 C. The VILLAGE and CONTRACTOR 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 Contract. ARTICLE 16. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Andrew Lukasik Village Manager Village Hall 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 17. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract, including all documents referenced herein, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18. NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 19. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term "Contract" as used herein, as well as the terms "herein", "hereof', hereunder", "hereinafter" and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the Page 6 of 11 context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. ARTICLE 20. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 21. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto or incorporated herein, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 22. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 23. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 24. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation without an endorsement, then CONTRACTOR 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, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre -loss basis. ARTICLE 25. PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall protect the VILLAGE's property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. B. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. Page 7 of 11 C. The CONTRACTOR shall have the responsibility to repair, rebuild or restore to its former condition any and all portions of existing utilities, structures, equipment, appurtenances or facilities, which may be disturbed or damaged. ARTICLE 26. DEFAULT. A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that the occurrence of any of the following shall be deemed a material event of default and shall be grounds for termination: 1. The filing of a lien by any sub -CONTRACTOR, sub -contractor or third tier sub- contractor including, but not limited to materialmen, suppliers, or laborers, upon any property, right of way, easement or other interest in land or right to use within the territorial boundaries of the VILLAGE which lien is not satisfied, discharged or contested in a court of law within thirty (3 0) days from the date of notice to the CONTRACTOR; 2. The filing of any judgment lien against the assets of CONTRACTOR related to the performance of this Contract which is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; or 3. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by CONTRACTOR for the benefit of creditors; or the taking possession of the property of CONTRACTOR by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of CONTRACTOR; or if a temporary or permanent receiver or trustee shall be appointed for CONTRACTOR or for CONTRACTOR's property and such temporary or permanent receiver or Trustee shall not be discharged within thirty (30) days from the date of appointment. 4. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR fails to provide the Work under this Contract on schedule as agreed to by CONTRACTOR in this Contract. B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of default within five (5) days of CONTRACTOR's receipt of notice or knowledge of any such default. ARTICLE 27. WARRANTY. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of one (1) year following delivery and acceptance of the Work, subject to the conditions set forth in the Specifications. Should any Work fail to comply with this warranty during the warranty period, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said Page 8 of 11 defective materials and/or workmanship at CONTRACTOR's sole expense. The CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and certify that the Work complies with the conditions set forth in such warranties, if any. ARTICLE 28. TIME IS OF THE ESSENCE/LIOUIDATED DAMAGES. Time is of the essence in all respects under this 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 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay to the VILLAGE an amount equal to $250.00 per day for each calendar day that expires after the time specified for completion. Liquidated damages may be deducted from payments due to the CONTRACTOR. ARTICLE 29. REPRESENTATIONSBINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. ARTICLE 30. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. ARTICLE 31. 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(cr,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: 1. Keep and maintain public records required by the VILLAGE to perform the service. 2. Upon request from the VILLAGE's custodian of public records, provide the VILLAGE Page 9 of 11 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. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. 4. 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. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: BY: &U5104 LA%PSCAK &MOM] bfYA[.MjAe-d Print Name: &6047-0 Gr09AAkJ0 Title:' YQ,5SY-AE/U7 VILLAGE OF NORTH PALM BEACH BY: SUSAN BICKEL MAYOR ATTEST: BY: JESSICA GREEN VILLAGE CLERK Page 10 of 11 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Im LEONARD G. RUBIN VILLAGE ATTORNEY Page 11 of 11 EXHIBIT "A" INVOICE FORM AND REQUIREMENTS FORM ATTACHED) APPLICATION FOR PAYMENT NO. To: VILLAGE OF NORTH PALM BEACH TVALMWNER) From: C D MOCAP6 (,o SCAC.9 CDWJ Contract: Country Club Irrigation I pro e ments and Pump Statio For Work accomplished through the date of: .2021. 1. Original Contract Price: $ 99 1 ?j 2. Net change by Change Orders and Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): Five percent (5%) of completed Work, material and equipment purchased: $ 6. Total completed and stored to date less retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done and goods purchased under the Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with Work, materials and equipment covered by prior Applications for Payment numbered 1 through inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances, and (3) all Work, materials and equipment covered by this Application for Payment are in accordance with the Contract Documents and not defective. Dated 141 Z o -L By:- -C46VANKyR7 Contractor State of nm i OA County of PAIR 6 C" Subscribed and sworn to before me this day of R.U kR-Y , 2021 Notaq Public My Commission expires: 6. 5- Z021 RAQUELHERNANDEZ 0„%' Notary Public - State of Florida Commission # GG 071306 My Comm, Expires Jun 5, 2021 ofrti,,, Bonded through National Notary Assn. Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated By: IRRIGATION IMPROVEMENT PLANS NORTH PALM BEACH COUNTRY CLUB TO U.S. HIGHWAY 1 PREPARED FOR VILLAGE OF NORTH PALM BEACH LOCATION MAP NTS DRAWING INDEX; C1 COVER SHEET C2 KEY MAP & EROSION CONTROL PLAN C3-C6 ENGINEERING PLANS C7 DETAILS C8 IRRIGATION MAIN PROFILE E1 ELECTRICAL PLAN co U a rzz'_ U W O=C7 tq mui O F7 U 9 n. 5 oz J U Z F K Z Z F w¢ zo U O S O Z LUQQ= O I K 0 P'o wo 50O z NOTE ELEVATIONS SHOWN ARE N.A.V.D. 1988 VERTICAL DATUM V(mwhel'e below. 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Box 3353, West Palm Beach, FL 33402-3353 *"LOCATED ,SAT** www.pbctax.com Tei: (561) 355-2264 8450 QLD DIXIE HWY Ste 2 NORTH PALM BEACH, FL 33403 I rrrt u- bU61Ne6s OWNER CERTIFICATION # RECEIPT #/DATE PAID AMT PAID BILL # 23-0067 PAVER BRICK/PAVER SYSTEMS GIORDANO VINCENZO 022094 B2i.8071 - 10/21/20 $30.50 B40162277 This document is valid only when receipted by the Tax Collector's Office, STATE OF FLORIDA PALM BEACH COUNTY 2020/2021 LOCAL. BUSINESS TAX RECEIP LBTR EAumber: 20/6092833EXPDRESePRECISIONLANDSCAPECOOFPALMBEACHCOUNTYINCSEPTEMBER30, 2021WPRECISIONLANDSCAPECOOFPALMBEACHCOUNTYINC 5 N 9450 OLD DIXIE HWY STE 2P0; LAKE PARK FL 33403-1216 This receipt grants the privilege of engaging in or 11111111'llllllllllllllllillll'il°"II"11!1'!![[1°!'IIIA!!!'.R°! managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. P.O. Box 3353, West Palm Beach, FL 33402-3353 *-'LOC ,A TSD AT** 1. G` "i ', 1 m ilfT NA TA f y t r y'yF, www.pbctax.com Tel: (561) 355-2264 9450 QLD DIXIE HWY Ste 2 tl,ky NORTH PALM BEACH, FL 33403 TYPE OF BUSINESS OWNER CERTIFICATION # RECEIPT #/DATE PAID AMT PAID IBILL # 56.0030 LAWN MAINTENANCE PRECISION LANDSCAPE CO OF PALM BEACH B21.8063 - 10121/20 $72. 60 1 B4013494E This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 2020/202/ LOCAL BUSINESS TAX RECEIP PRECISION LANDSCAPE CO OF PALM BEACH COUNTY INC LTR Number: 201100336EXPIRES: SEPTEMBER 30 2021PRECISIONLANDSCAPECOOFPALMBEACHCOUNTYINC 9450 OLD DIXIE HWY STE 2 LAKE PARK FL 33403-1216 This receipt grants the privilege of engaging in or 111 1°I Ir I X11 1° I ° ° 111 I ° le °III dllsll managing any business profession or occupation Ili! II I I II I I I III ! 1 I lilll within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. P.O. Box 3353, West Palm Beach, FL 33402-3353 **LOCATED AT** www.pbctax.com Tei: (561) 355-2264 9450 OLD DIXIE HWY Ste 2 NORTH PALM BEACH, FL 33403 TYPE OF BUSINESS I OWNER CERTIFICATION # RECEIPT #/DATE PAID AMT PAID BILL # 23-0060 IRRIGATION SPRINKLER CONTRACTOR I GIORDANO VINCENZO U21609 _ 821.8077 - 10/21/20 $30.50 B4016227. This document is valid only when receipted by the Tax Collector's Office. PRECISION LANDSCAPE CO OF PALM BEACH COUNTY INC w PRECISION LANDSCAPE CO OF PALM BEACH COUNTY INC 9450 OLD DIXIE HWY STE 2 r LAKE PARK FL 33403-1216 111111°11111111'III''I"1111'111111111'lll'II'll'll'llll111l1°Ill STATE OF FLORIDA PALM BEACH COUNTY 2020/2021 LOCAL BUSINESS TAX RECEIF LBTR Number: 2016092832 EXPIRES: SEPTEMBER 30, 2021 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a z r) Z ter) -1 N, D > z 0 I!tl --i -i a = = C. 0r- 0 0 7 Z z z CY oc C, CC rti tZ, MR D "C (D =r rr C: n z CY oc C, CC rti Construction Industry Licensing Board Oscar Alvarez, DirectorChan of Palm Beach County r ctr c U-22094 JPAVER BRICKANTERLOCKING BRICK w Named below is a Certified Contractor as outlined in the Standards to perform under the provisions of j0t0ai'e Special Act Chapter 67-1876, Laws of Florida as amended and as mandated by State Statute. NAME: VINCENZO GIORDANO FIRM : PRECISION LANDSCAPE CO OF PALM. BEACH COUNTY INC DBA 1320 S KILLIAN DR SUITE B LAKE PARK, FL 33403 Issued : 09/25/2019 Expiration date: 09/30/2021 Page 1 of 2 Print Date: 912512019 11W N a a to 0 C i s CL Q. 74 am OD4 N 00 00 cV) 56 D rn r— Z rn rn m D Z v D D Z w 00 Z o O ton Lnn m z-, 0O ZvaONCLA U.) 000 N o N O v m D r Z p r C X D r p X O O p m p W 00 X D mZ U) O m D = x n m A D n ri ci G) 3:_ O n o m n S m rn D S 0 A z m O 90 n w N z w o W rn D z p N D C p mVf y Z OD rrl to m O f mmrn m p I„ m a N V C O C O 00 A m yaIva N N { o n EN- O m Z m Za A O C N OD4 56 D rn r— Z rn rn m D m z4 b0N C DD 1J p M m O v Z 0°. Ch N Ln (A Z O m 0 N 00 1-4 U.) 000 N IW ul O N O O 0) O O CO N W 4N O O O 0 p W O N N N rn r r z4 b0N C DD 1J cn>_ bo _ z W w n Ch N Ln (A m DN 00 1-4 D m D n rn n rn tri N Ln O N a C C O O r? b0 m O O 0 C O m L O U F- O a-+ C C m C 7 o r1 Ln a E O 3 L Ln Q. C C m C m LNV o n rn cv r\ -I O E N ri r -I N o C O O ON N 01 L. 4-1 N fC E ri L m 4-J r1 L U N C N 00 m m N t10 w C. Ln O Q E N E t 0 C 0 i d' N Ln N C C C E t C a00 C I- Ln N O 4-J e -i qm10 i N l N 1.0N O 42 vi k.0 Ln I Z O N O w r -I N 0 l E M Ov N C M Ov v tN U D L 3 L N f°_ Q t Lo l0 C O C ri r -I CL U Ln L Ln U N N co to to O E L m Y L C E 4-0 C a Lnmcu V' E V Ln 1- O C7 4-J N aj L Q Nv W Z N fC N M d M r -I J M m T-{ J M d' cu J M LJL. M L LL M O IN 4% J W V sU LL r - m CL C O N 3 U M C E a U 4z ry m m J W G—. M a E rQ- I U MH OL Q N m a M 4-1 a u ma - V) a) M ri Q O C O N N U N C E ajL O 0 C v p O U 2 M H C N I O N a C C Q r? 4-J m O O 0 a O m L O U F- O a-+ C C m C 7 C E O 3 L Q. C w C m C m LNVN cv C. J E bA C N o C O O ON N L. 4-1 N fC E L m 4-J Q L U N C N m m t10 w C. v O Q E E E t 0 C 0 Q N O C C C E t C a00 o C- Gm_ u0 4-J qm10 iCNm O 42 4A 0 Q O E n 0 c E c Q 'm Ov C Ovv tN U D L 3 L N f°_ Q C C C Ln U Q L U O L- C U Q r? Cl) m m O O 0 a O m U F- Addendum 1 Village of North Palm Beach Country Club Irrigation Improvements and Pump Station Invitation to Bid Proposal Opening —TBD Addendum No. I The bid opening is delayed due to pending questions that need to be answered. Revised date will be published tomorrow, February 2, 2021. This Addendum is for information only and need not be returned with your Proposal. Addendum 2 Village of North Palm Beach Country Club Irrigation Improvements and Pump Station Invitation to Bid February 5, 2021 at 2:00 p.m. Addendum No. 2 Bid opening has been rescheduled for Friday, February 5, 2021 @ 2:00 p.m. I see that there is a line item for pressure testing, layout, and record drawings, but I do not see any specs for these items. What are the specs for the pressure test? Do you require a licensed surveyor to provide as-builts? (michelle(&,a sei-vicesintl.com) The pressure test criteria is identified on page C-8 of the bid plans, in the water system notes, #8 specifically (2 hours @ 150 psi). Yes, a licensed surveyor should prepare the record drawings and should include installed horizontal locations and vertical grades. An autocadd file can be provided from the engineer of record for use by the surveyor. Part two of my questions. I remember all golf cart pathways being concrete sidewalks. The line item for restoration calls for asphalt which is a different type of restoration process. Can you confirm the material of the crossway we would need to pass for the pipe installation? michelle(a,agservicesintl.com) Yes, the cart paths are concrete. Plan and quantity sheet reflect a concrete replacement for the crossing area. The quantity sheet does have the word asphalt at the beginning, but specifies 4" concrete in parentheses. Plan shows concrete replacement. Bid Item # 8--6" C-900 PVC Irrigation Main --Concerning the pipe depth of bury, because the pipe depth varies from 37" to 82" (plan sheet C8/9), would the Owner consider shallowing the depth to 3'-0" minimum (or shallower)? This 3'-0" min. depth is found on the suction line detail. KevinS ,foster-marine.net) The cover issue was based on the undulating contour of the pipe route along the course. The profile on the plan tries to keep the pressurized pipe as level as possible, while matching the course contours, thus the varied depths noted in the profile. Having a bunch of "high points" in the line will cause potential air entrapment in the line and reduce or cause pressure issues. The profile grade shown on the plan is a general guideline to be used. A safe bury depth for this utility line can be 30". The note specifications in the plans also confirm a 30" minimum cover requirement. The suction line detail should be followed and provide a minimum of 369 minimum depth. Bid Item # 8--6" C-900 PVC Irrigation Main—Please identify the DR rating for the C-900 PVC Pipe (it would be DR 18 or DR 14). (KevinS@foster-marine.net) Use DR 18 @ 235 psi for PVC C-900 pipe. My name is Steve Herp with ISCO Industries. We are an HDPE distributor and I was wondering if you would allow HDPE as an approved alternate to the 6" C900 PVC Pipe? (Steve.Herp(a,isco- pi e.com) Yes, HDPE pipe can be used for an alternate material. The joining method for pipe and fittings should be heat fusion/butt to butt with equipment standard to the industry for joining such ends. Use DR 11 @ 200 psi for HDPE pipe. Proposer is requested to submit the signed Addendum acknowledgement form with their Proposal. Addendum Acknowledgement Form I acknowledge and accept the following Addendum: Addendum 2 Provided: February 1, 2021 Please include this acknowledgement as part of your Proposal. 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L------------------ I Ire g 1I z i LS M ) • r ,p rl I i I l I I I I I II s I fie I I a II I II I I II II C4 t - 9z 5£ 9z 9 9£ 5b z 9 z Jemol8 siamow saaBp3 saa oeM paaM Mesulego sJ9wwlal 96p9H siamol8 x8 au!w saapeol luoa j uan mn saannow jojeaay a!uaE) eoE) AII!8 s6eos spuea8 luaaa.4!a spuea8 luaaa.4!Q s9z!S/spuea8Iu PMO s9z!S/spueJ8 IuaJa.4!a MIS elognyl elognyl s!aelod aaluo>l 0£ s:g!! ON 0t££ Ipizol3 uouag LulBd WON'XUnnu TH aixiQ PIO OStb6 s E i 3r os e ti, VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Members of the Village Council FROM: Andrew D. Lukasik, Village Manager DATE: February 25, 2021 SUBJECT: RESOLUTION – Approval of an Agreement with the Treasure Coast Regional Planning Council to conduct a Market Analysis and Financial Feasibility Study for the Twin City Mall Site for a not-to-exceed amount of $48,170. Village staff is recommending approval of an Agreement with the Treasure Coast Regional Planning Council (TCRPC), working with WTL+a, to conduct a Market Analysis and Financial Feasibility Study for the Twin City Mall Site. This is a collaborative project with the Town of Lake Park. The TCRPC will have a separate agreement with each community with each being responsible for 50% of the costs. The total amount of the scope of work is $96,340. The Village’s share of the project costs, then, will be $48,170. Background: Located at the southwest corner of US1 and Northlake Boulevard, the Twin City Mall opened on July 21, 1971. The 400,000-square foot mall bisected the Village of North Palm Beach and the Town of Lake Park, thus the “Twin City” name. The Twin City Mall took a year and approximately $10 million to build. By the 1980’s, the mall began to struggle financially – especially when the opening of the Gardens Mall in 1988 drew major tenants away. After years of financial issues, code violations and attempts to revitalize the mall, demolition took place in June, 1997. Currently, the site has approximately 103,000 sf of commercial space located on 15.75 acres in the Village of North Palm Beach. The Lake Park section of the site contains nearly 22.5 acres of land and 74,500 sf of commercial space, including Publix. The Village’s 2016 Citizens’ Master Plan identified the redevelopment of the Twin City Mall Site as a priority. The Plan noted that: Many charrette participants recognized the potential for redevelopment of the old Twin City Mall site, which currently includes the Northlake Promenade Shoppes. A lifestyle center, like CityPlace or Mizner Park, was the most common description of the preferred form. These types of development provide shopping, entertainment, restaurant uses within the form of an urban neighborhood that incorporates residential as an integral use. The site is large enough to accommodate a significant project. Buildings tall enough to afford water views could be incorporated without impacting existing residences. Currently, the project turns its back to adjacent houses, negatively impacting physical and economic potential, particularly for the residential uses. Since half of the site is located within the boundary of Lake Park, a clear vision that both municipalities support is a crucial tool to encourage investment. Because of the origins of the Twin City Mall, the Village and Town have committed to work collaboratively on development issues affecting the property through an interlocal agreement that was approved in 1993. Recently, given that the redevelopment of the site is a strategic priority for both communities, the Village and the Town of Lake Park have been coordinating efforts related to the creation of a regulatory code that will guide the development of the property. Market Analysis and Feasibility Study: During Village and Lake Park staff discussions about the regulatory framework (in other words, the development code) that would be needed for the property, it became clear that it should be guided not only by the vision and expectations of the two communities, but by the market, to determine what new uses will be economically viable at this location, and an associated financial feasibility study to understand what type of development plan will be needed to attract investment to the site. To staff, this information is critical to the development of a workable code as we anticipate the need for parking structures and other amenities that will attract customers. These development expenses will make sense only if the code provides for a development plan that offers investors an appropriate rate of return. The Village and Lake Park staffs have discussed the need for this study with the Treasure Coast Regional Planning Council and WTL+a. As a result, TCRPC and WTL+a have proposed a scope of work and cost estimate to conduct and complete the desired market analysis and feasibility study. Scopes of Work: The scope of work for the Market and Development Analysis (Phase I) will include the following activities:  Market and Site Reconnaissance: understand local market dynamics and economic anchors and identification of regional market contacts.  Key Stakeholder Interviews: interviews to understand opportunities and challenges and real estate market performance in the area, assess competitive markets and absorption potential, and identify market-based strengths and weaknesses.  Demographic and Economic Profile: examine the “drivers” of market demand for desired land uses (multi-family residential, office/workplace, retail, hospitality).  Real Estate Market Conditions: analyze real estate market conditions to understand the Twin City Mall site’s competitive market condition.  Market/Development Potentials: test market support for each of the identified uses.  Summary of Key Findings and Recommendations.  Presentation of Key Findings The Financial Feasibility Study (Phase II) will include the following activities:  The review of up to three site proposals to evaluate the viability of the proposed uses.  Estimate “residual value” that could be used to invest in public improvements, including stormwater and structured parking.  Presentation of Findings. This study has not been funded in this year’s budget; a budget amendment will be made in the future, if necessary. The attached Resolution has been prepared by the Village Attorney. Account Information: Fund Department Account Number Account Description Amount General Fund Community Development/ Community Planning A5206-33190 Professional Services $48,170 Recommendation: Village Staff requests Council consideration and adoption of the attached Resolution approving an Agreement with the Treasure Coast Regional Planning Council to conduct a Market Analysis and Financial Feasibility Study for the Twin City Mall Site for a not -to-exceed amount of $48,170, with funds expended from Account No. A5206-33190 (Community Planning – Professional Services) and authorizing the Mayor and Village Clerk to execute the Agreement in accordance with Village policies and procedures. RESOLUTION 2021-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR A MARKET ANALYSIS AND FINANCIAL FESABILITY STUDY FOR THE TWIN CITY MALL SITE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to develop an appropriate regulatory framework for the Twin City Mall site, Village Staff recommended that the Village, in conjunction with the Town of Lake Park, commission a market analysis and financial feasibility study; and WHEREAS, the Treasure Coast Regional Planning Council (“TCRPC”) was created by interlocal agreement among Indian River, St. Lucie, Martin and Palm Beach Counties for the purpose of providing planning and technical assistance related to growth management for governments within its jurisdiction, and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into interlocal agreements for the performance of public functions, and interlocal agreements are exempt from purchasing policy restrictions; and WHEREAS, working with WTL+a, TCRPC has proposed an Interlocal Agreement to perform the required analysis and study, the cost of which will be split between the Village and the Town of Lake Park, and the Village Council determines that the execution of an Interlocal Agreement with TCRPC is in the interests of the public health, safety and welfare. 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 are incorporated herein. Section 2. The Village Council hereby approves an Interlocal Agreement for a Market Analysis and Financial Feasibility Study for the Twin City Mall site with the Treasure Coast Regional Planning Council, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Interlocal Agreement on behalf of the Village. The total amount of compensation paid to TCRPC by the Village shall not exceed $48,170 with funds expended from Account No. A5206-33190 (Community Planning – Professional Services). Section 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK 1 INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR THE TWIN CITY MALL STUDY This Interlocal Agreement (herein referred to as “Agreement”) is entered into this ____ day of ______________ 2021 by and between the Village of North Palm Beach (herein referred to as “North Palm Beach”) and the Treasure Coast Regional Planning Council (herein referred to as “Council”), each constituting a public agency as defined in Part I of Chapter 163, Florida Statutes; collectively referred to herein as the “Parties”. W I T N E S S E T H: WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969,” authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities and public agencies on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the need and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Council is permitted to provide services to North Palm Beach as it is established by the state of Florida and considered a public agency in accordance with state law; and WHEREAS, North Palm Beach and the Council desire to enter into this Agreement to facilitate planning activities related to the Twin City Mall site. 2 NOW THEREFORE, in consideration of the mutual covenants, promises and representations herein, the Parties agree as follows: SECTION 1. PURPOSE A. The purpose of this Agreement is to memorialize the terms under which the Council will assist North Palm Beach with an economic and real estate market assessment and financial feasibility analysis related to the Twin City Mall site as described herein and in conjunction with the Town of Lake Park. B. North Palm Beach and the Council agree to act in a spirit of mutual cooperation and good faith in the implementation of the Agreement and its purpose. SECTION 2. EFFECTIVE DATE This Agreement shall become effective upon its approval by the Village Council of North Palm Beach and the Council, the due execution thereof by the proper officer of the Council and North Palm Beach, and the filing of a certified copy hereof with the Clerk of the Circuit Court of Palm Beach County, Florida. SECTION 3. SCOPE OF SERVICES A. The Council shall fully perform the work, which has been requested by North Palm Beach and which is specified in the Scope of Work contained in Attachment A of this Agreement, in accordance with general industry standards and best practices. B. North Palm Beach shall: 1. Provide all available files, data, maps, and information upon request of the Council. 2. Provide all necessary public notice as required by Florida Statutes. 3. Provide venues for all public workshops and meetings. 4. Process all requests for reimbursement in a timely manner. C. Both North Palm Beach and the Council agree to be governed by applicable State and Federal laws, rules, and regulations in the performance of their respective obligations under this Agreement. 3 SECTION 4. FUNDING/CONSIDERATION A. This is a fixed fee Agreement based on the scope of work as identified in Attachment A. As consideration for performance of work rendered under this Agreement, North Palm Beach agrees to pay the Council a fixed fee not to exceed the fee schedule and allowances provided for in Attachment A, including travel, attendance at all required public meetings and workshops, out-of-pocket expenses (printing and reproduction costs), mail, couriers, and other costs related to the services provided. B. The satisfactory completion of deliverables by the Council, in accordance with general industry standards and best practices, shall be considered the Council’s request for payment according to the schedule contained in Attachment A. SECTION 5. RECORD KEEPING A. All records submitted by the Council shall be kept for three years after the termination of this Agreement and shall be sufficient and complete to verify compliance with the requirements of this Agreement. B. The Council shall allow access to its records during normal business hours and upon reasonable advance requests of North Palm Beach, its employees and agents. SECTION 6. INDEMNIFICATION The Parties to this Agreement shall, to the extent permitted by law, save, defend, reimburse, indemnify, and hold harmless each other, and each other’s respective officers, employees, servants or agents from its own negligence or willful misconduct and from any and all claims, demands, damages, liabilities, causes of actions, legal or administrative proceeds, judgments, interest, attorney’s fees, costs and expenses arising in any manner directly or indirectly in connection with or incidental to the performance of this Agreement. Nothing in this provision shall be construed as consent by the Parties to be sued, nor as a waiver of sovereign immunity beyond the limits provided for in Section 768.28, Florida Statutes, including limits on attorney’s fees. SECTION 7. TERM; TERMINATION This Agreement shall commence on the Effective Date and shall remain in full force and effect until all deliverables are complete as identified in the Scope of Work and schedule contained in Attachment A, and accepted by North Palm Beach, unless terminated earlier. 4 This Agreement may be terminated for convenience by either party by providing 30 days written notice as required by Section 8, to the other party. North Palm Beach shall be obligated to pay the Council for only its work completed up to the date of termination pursuant to this paragraph. SECTION 8. NOTICE AND CONTACT All notices required by this Agreement shall be in writing, delivered either by hand, overnight express mail, or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below: For North Palm Beach: Andy Lukasik, Village Manager Village of North Palm Beach 501 US Highway 1 North Palm Beach, FL 33408 For the Council: Thomas J. Lanahan, Executive Director Treasure Coast Regional Planning Council 421 SW Camden Avenue Stuart, FL 34994 SECTION 9. REMEDIES No remedy herein conferred upon the Parties is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 10. CHOICE OF LAW; VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any action arising to enforce the terms of this Agreement shall be in Palm Beach County, Florida. 5 SECTION 11. ATTORNEY’S FEES Any costs or expense (including reasonable attorney’s fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective Parties, however, this clause pertains only to the Parties to this Agreement. SECTION 12. DELEGATION OF DUTY Nothing contained herein shall deem to authorize the delegation of the constitutional or statutory duties of the officers of North Palm Beach or the Council. SECTION 13. EQUAL OPPORTUNITY PROVISION North Palm Beach and the Council agree that no person shall, on the grounds of race, color, creed, religion, sex, national origin, political affiliation, age, marital status, family status, pregnancy, sexual orientation, or gender identity be excluded from the benefit of, or be subject to, a form of discrimination under any activity carried out by the performance of the Agreement. SECTION 14. FILING This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of Palm Beach County pursuant to Section 163.01(11), Florida Statutes. SECTION 15. SEVERABILITY Should any provision of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, the same shall be deemed stricken here from and all other terms and conditions of this Agreement shall continue in full force and effect as if such invalid provision had never been made a part of the Agreement. SECTION 16. ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between the Parties. Modifications of this Agreement may be requested by North Palm Beach or the Council. Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by North Palm Beach and the Council and attached to the original Agreement. 6 SECTION 17. PUBLIC RECORDS IF THE COUNCIL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COUNCIL’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, 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 Agreement, the Council shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, the Council shall: A. Keep and maintain public records required by North Palm Beach to perform this service. B. Upon request from North Palm Beach’s custodian of public records, provide North Palm Beach with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, 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 Agreement term and following completion of the Agreement if the Council does not transfer the records to North Palm Beach. D. Upon completion of the Agreement, transfer, at no cost, to North Palm Beach all public records in possession of the Council or keep and maintain public records required by North Palm Beach to perform the services. If the Council transfers all public records to North Palm Beach upon completion of the Agreement, the Council shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Council keeps and maintains public records upon completion of the Agreement, the Council shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to North Palm Beach, upon request from North Palm Beach’s custodian of public records, in a format that is compatible with the information technology systems of North Palm Beach. 7 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above. Village of North Palm Beach ATTEST: By: ________________________ By: _____________________________ Jessica Green Susan Bickel Village Clerk Mayor of North Palm Beach Approved as to form: By: _____________________________ Leonard G. Rubin Village Attorney Treasure Coast Regional Planning Council ATTEST: By: _________________________ By: _________________________ Phyllis Castro Thomas J. Lanahan Accounting Manager Executive Director Approved as to form: By: _____________________________ Keith W. Davis General Counsel 8 ATTACHMENT A TWIN CITY MALL – MARKET STUDY AND ECONOMIC ANALYSIS VILLAGE OF NORTH PALM BEACH, FLORIDA SCOPE OF SERVICES FEBRUARY 19, 2021 PROJECT DESCRIPTION The Village of North Palm Beach (Village) seeks to understand demographic and economic conditions as well as market-supportable redevelopment potentials as related to the Twin City Mall site. The subject site is located at the southwest corner of Northlake Boulevard and US-1, and it straddles the municipal boundaries of the Village of North Palm Beach and Town of Lake Park (Town). Accordingly, it is anticipated the Village will partner with the Town in this effort as described below. Furthermore, if the Village and Town issue a Request for Qualifications and/or a Request for Proposals (RFQ/RFP) for the Twin City Mall site, the Village, also in partnership with the Town, may seek a financial feasibility analysis following the receipt of private sector proposals for development. The two project components are described as Phases 1 and 2 below: Phase 1 shall include the following key elements:  Real estate market reconnaissance and stakeholder interviews  Demographic and economic profile  Overview of real estate market conditions  Summary of market and redevelopment potentials focused on four key land uses, including multi-family residential, office/workplace, retail, and hospitality/hotel  Multi-jurisdictional review of findings with the Village (and Town)  Presentation of findings to the Village Council (and Town Council)  Phase 1 Project Memorandum Phase 2 shall include the following key elements:  Financial feasibility analysis of up to three development proposals  Multi-jurisdictional review of findings with the Village (and Town)  Presentation of findings to the Village Council (and Town Council)  Phase 2 Project Memorandum The Treasure Coast Regional Planning Council (TCRPC) will provide all work identified in this scope of services. TCRPC will assemble a Project Team to include professionals trained in real estate market analysis, municipal economics, and public/private partnership development and be responsible for all professional fees and project costs except as described herein. Because the Village and Town share jurisdictional responsibility for the Twin City Mall site, the scope of work includes tasks that are exclusive to each municipality as well as tasks that apply to both municipalities together. Accordingly, the tasks and fees described herein are designed with 9 the anticipation of a separate but complementary Interlocal Agreement to be executed between the Town of Lake Park and TCRPC, which will reduce the costs to the Village as described below. SCOPE OF SERVICES Phase 1: Overview of Demographic, Economic, and Real Estate Market Potentials Task 1-1: Project Initiation and Site Reconnaissance TCRPC will facilitate a kickoff meeting with the Village, Town of Lake Park, and the Project Team to understand local market dynamics; confirm municipal goals, priorities, project approach, and schedule; and receive background documents. One project kickoff meeting will be scheduled in the first month following execution of the interlocal agreement. TCRPC will be responsible for kickoff meeting logistics, agendas, facilitation, and meeting notes. The Village (and Town) will be responsible for providing copies of background documents, including the Comprehensive Plan, Land Development Regulations, other planning and regulatory documents and plans as applicable, population projections, and development applications (built, approved but unbuilt, in review). Task 1-2: Stakeholder Interviews To inform the understanding of market conditions, opportunities, and challenges, TCRPC will facilitate up to 15 virtual interviews with focus groups and stakeholders and the Project Team as identified collectively by the Village and the Town. The goal of the interviews includes:  Review of real estate market performance and characteristics of the US-1 and Northlake Boulevard corridors as well as other identified competitive submarkets in this part of Palm Beach County (County);  Assess opinions of competitive product types, absorption potentials, target markets, pricing, revenues (commercial rents, sales), and absorption/leasing activity by land use category;  Ascertain market-based strengths and weaknesses of the site and area compared to other competitive areas of Palm Beach County, and gauge market response to locational characteristics, potential uses, and timing/phasing; and  Review other relevant inputs from various market sources, existing planning documents, and other local data for use in the real estate demand models in subsequent tasks. TCRPC will be responsible for facilitating the interviews and providing a summary of findings as part of the Phase 1 Project Memorandum. The Village, in coordination with the Town, will be responsible for identifying appropriate stakeholders and/or focus groups, contact information, and logistics as needed. 10 Task 1-3: Demographic and Economic Profile The TCRPC Project Team will produce an analysis of the drivers of market demand focused on the four key land use categories (e.g., multi-family residential, office/workplace, retail, hospitality/lodging). The analysis will include population and household growth trends and forecasts, household incomes, changes in age cohorts, and other demographic indices; local household and employee consumer spending patterns for key uses; employment growth trends and forecasts as they affect opportunities for workplace uses, including distribution of jobs by industry sector; and tourism/visitation and business demand generated for lodging/hotel uses. Data will be assembled at the municipal level as well as a northern Palm Beach County regional trade area. TCRPC will be responsible for obtaining data from various sources, including the U.S. Census Bureau, U.S. Census of Retail Trade, University of Florida Bureau of Economic and Business Research/BEBR, Florida Department of Economic Opportunity (DEO), Dun & Bradstreet, Inc., Claritas, Inc., ESRI Business Analyst, Palm Beach County Business Development Board, and Tourism Development Council. The Village (and Town) will be responsible for providing additional municipal market and demographic data if available. Task 1-4: Real Estate Market Conditions Analysis The TCRPC Project Team will analyze recent and current real estate market conditions to understand the Twin City Mall site’s competitive market position for collateral and supporting development opportunities for the four key land uses. Based on available data, the following topics will be evaluated:  Historic (past five to 10 years) and current market performance based on available data for each use identified above;  Secondary data on development patterns in Palm Beach County and the competitive communities using key metrics such as building permits/housing starts by product type, pipeline projects, etc.; and  Inventory and vacancy trends, workplace commercial rents and sales, historic absorption/leasing activity, and key operating metrics such as hotel seasonality and segmentation. TCRPC will be responsible for obtaining the necessary data sources for this task, including CoStar, Inc., REIS Reports, Cushman & Wakefield, Inc. and other local market sources for commercial and industrial real estate data; Palm Beach County Tourism Development Council for visitor data; Palm Beach County Property Appraiser; ESRI Business Analyst and U.S. Department of Housing & Urban Development for housing; and STR Global for hotel market performance. Task 1-5: Overview of Market and Development Potentials The TCRPC Project Team will analyze the market support for each of the four identified land uses (e.g., multi-family residential, office/workplace, retail, hospitality/lodging) using appropriate demand methodologies illustrated by gross building area (square feet of workplace uses, number 11 of hotel rooms, number of housing units, etc.) or planning/industry targets for specialized uses. This will include:  A comparison of market potentials with the timing required for infrastructure, public realm and other physical improvements on the site as identified by the planning team;  An estimation of likely absorption and identify phasing considerations that consider current market conditions, near-term demand generated by adjacent or nearby anchors, proposed/approved development programs for competitive projects, and local/municipal and regional growth patterns as defined in the regional area comprising northern Palm Beach County; and  The identification of catalyst and potential priority locations for specific land use concepts and ways in which locational advantages and characteristics can affect the site’s overall marketability for redevelopment. Task 1-6: Phase 1 Project Memorandum The TCRPC Project Team will provide a summary technical memorandum synthesizing all key findings and recommendations of the stakeholder interviews, demographic and economic profile, real estate market conditions, and market and development potentials along with suggested implementation strategies. The memorandum will include an overview of data and models utilized to develop key findings. A Draft Project Memorandum will be provided for Village (and Town) for review and comment, and upon receipt of comments, a Final Project Memorandum will be provided as a project deliverable. TCRPC will be responsible for providing the Project Memorandum (Draft and Final) in a PDF format. Task 1-7: Multi-jurisdictional Review of Findings At the conclusion of Tasks 1-1 through 1-6, TCRPC will facilitate a virtual, joint multi- jurisdictional staff review of project findings for the Project Team, Village, and Town. Topics will include:  Presentation of the results and findings of the real estate market analysis and development potentials and review of the land use program;  Review site planning issues with market findings and inputs, absorption schedules by use, and identification of likely catalyst sites; and  Discussion of key findings and issues pertaining to potential land disposition and redevelopment strategies. TCRPC will be responsible for providing the information presented in the multi-jurisdictional review in a summary Phase 1 PowerPoint. 12 Task 1-8: Public Presentations Utilizing the PowerPoint prepared in Task 1-6 and incorporating one consolidated set of municipal comments and edits from the Village (and the Town), the TCRPC Project Team will prepare a revised PowerPoint for presentation to the Village Council (and Town Council). This presentation will include a summary of the project approach and methodology, overview of the analysis, and key findings. The TCRPC Project Team will present at a public meeting of each of the Village Council (and Town Council). TCRPC will be responsible for providing the revised PowerPoint presentation, and the Village will be responsible for the Village meeting logistics, advertising, and venue. (The Town will be responsible for the Town meeting logistics, advertising, and venue.) Sub-consultants as part of the TCRPC Project Team will participate virtually in the presentation. Phase 1 Deliverables TCRPC shall provide the Village (and Town) with the following Phase 1 deliverables as final work products:  Phase 1 Project Memorandum (one copy, PDF format) to include: o Overview of real estate market conditions o Key findings from stakeholder interviews o Demographic and economic profile o Analysis of real estate market conditions o Overview of market and development potentials  Phase 1 PowerPoint presentation (one copy, PPT format) summarizing key data and findings to be presented in the multi-jurisdictional staff review of findings and Village (and Town) Council meetings The Village (or Town) may request additional print copies of deliverables upon payment to TCRPC of the actual reproduction cost. Phase 2: Financial Feasibility Analysis Task 2-1: Financial Feasibility Analysis After receipt and review of developer proposals, and upon notice-to-proceed by the Village (and Town), the TCRPC Project Team will review a total of up to three (3) site development proposals as jointly selected by the municipalities. These selected development proposals will be the basis for which a financial feasibility analysis will be prepared for of up to three (3) redevelopment scenarios for the Twin City Mall site. Key objectives in this analysis will include: 13  To measure the overall investment viability of specified land uses as identified by others to understand whether these uses will attract private investment;  To estimate the potential “residual value” that could be utilized to offset costs of required infrastructure (such as structured parking), public realm improvements, and other components as identified and prioritized by both municipalities and/or developers in their response to the RFP/RFQ; and  To inform municipal decisions regarding potential disposition strategies and/or in response to any request by existing or future owners/developers for public participation in some form. This task will include the following components:  Determine key model assumptions (timing/phasing of development, likely market absorption, tenant/user characteristics, pricing and revenues, etc. based on inputs identified in the market study);  Utilize market assumptions regarding debt, equity, and financing parameters, by land use;  Integrate industry-based hard and soft development costs, by use, based on per square foot construction cost comparables obtained from RS Means Square Foot Cost Data;  Utilize cost estimates for infrastructure and public realm improvements as provided by the Village (and Town);  Create a preliminary description of sources and uses of funds for the project, limited to annual gross project revenues from all sources (e.g., ground leases, rental and sales revenues, operating income), by source, and annual operating costs, by use;  Prepare separate financial models for up to three (3) development scenarios in a 10- year cash flow pro forma for each use to: a) determine likely economic viability and b) test variable assumptions in a series of sensitivity analyses to examine impacts on investment returns, by use (e.g., commercial rental rates, discount rates, long-term ground lease versus parcel sales);  Measure any financial “gap” generated by specific uses to inform municipal decisions regarding the use of public funding for infrastructure and/or financing mechanisms, disposition strategies such as a public-private partnership, etc.; and  Calculate present value of the cash flow and determine potential leveraged and unleveraged returns accruing to a potential (master) developer, by use, over the operating period. TCRPC will be responsible for the financial model, industry standard hard and soft development costs, and model outcomes for up to three development scenarios, and the Village, in coordination with the Town, will provide cost estimates for infrastructure and public realm improvements. 14 Task 2-2: Multi-jurisdictional Review of Findings At the conclusion of Task 2-1, TCRPC will prepare a Phase 2 Project Memorandum and PowerPoint presentation and facilitate a virtual, joint multi-jurisdictional staff review of project findings for the Project Team, Village, and Town. Topics will include:  Presentation of the results and findings of the financial feasibility analysis of up to three site development proposals;  Discussion of key findings and issues pertaining to potential land disposition and redevelopment strategies, and potential impacts on the Village (and Town) as a means of informing public decisions regarding site disposition. The TCRPC Project Team will include an overview of the financial feasibility analysis, including approach, methodology, estimated costs and revenues, and findings in a summary Phase 2 Project Memorandum and PowerPoint (PPT) presentation. Task 2-3: Public Presentations If requested, utilizing the Phase 2 PowerPoint prepared in Task 2-2 and incorporating one consolidated set of municipal comments and edits from the Village (and the Town), the TCRPC Project Team will prepare a revised Phase 2 PowerPoint for presentation to the Village Council (and Town Council). This presentation will include a summary of the methodology, approach, and key findings from Phase 1 (demographic profile, real estate market conditions, and development potentials) and Phase 2 (financial feasibility analysis). The TCRPC Project Team will present at a public meeting of each of the Village Council (and Town Council). TCRPC will be responsible for providing the revised Phase 2 PowerPoint presentation, and the Village will be responsible for the meeting logistics, advertising, and venue. (The Town will be responsible for the meeting logistics, advertising, and venue.) Sub-consultants as part of the TCRPC Project Team will participate virtually in the presentation. FEES AND REIMBURSABLE EXPENSES 1. Fees: The total fee for the tasks as described in the scope above shall be: Phase 1 (Tasks 1-1 through 1-8) $ 55,040 Phase 2 (Tasks 2-1 through 2-2) $ 34,380 Phase 2 (Task 2-3) $ 6,920 TOTAL (All Tasks, Village and Town) $96,340 TOTAL (All Tasks, Village of North Palm Beach share) $48,170 15 The total fee includes travel, out of pocket expenses (printing and reproduction costs), mail, couriers, and other costs related to the professional services to be provided, including all sub-consultant costs. It is anticipated the Town of Lake Park will provide 50% of the fees for each task, totaling $48,170 through a separate Town/TCRPC Agreement. The assignment of anticipated Village and Town costs is identified in the Payment Schedule below. A Project Cost Summary is included as Attachment B. 2. Payment Schedule: The fee payments from the Village of North Palm Beach shall be according to the following schedule, which also indicates fee payments from the Town of Lake Park: 16 PROJECT TASKS & FEE PAYMENT SCHEDULE VILLAGE SHARE TOWN SHARE 20% ($11,008) due upon execution of this agreement $ 5,504 $ 5,504 50% ($27,520) of the professional fees due upon completion of Task 1-6 (Phase 1 Draft Project Memorandum) $ 13,760 $ 13,760 20% ($11,008) of the professional fees due upon completion of Task 1-7 (Phase 1 Multi-jurisdictional review of findings) $ 5,504 $ 5,504 10% ($5,504) of the professional fees due upon completion of Task 1-8 (Phase 1 Public Presentations) $ 2,752 $ 2,752 SUB-TOTAL (TASKS 1-1 THROUGH 1-8) $ 27,520 $ 27,520 60% ($20,628) of the professional fees due upon completion of Task 2-1 (Financial Feasibility Analysis) $ 10,314 $ 10,314 40% ($13,752) of the professional fees due upon completion of Task 2-2 (Phase 2 Multi-jurisdictional review of findings) $ 6,876 $ 6,876 SUB-TOTAL (TASKS 2-1 & 2-2) $ 17,190 $ 17,190 100% ($6,920) of the professional fees due upon completion of Task 2-3 (Phase 2 Public Presentations) $ 3,460 $ 3,460 SUB-TOTAL (TASK 2-3) $ 3,460 $ 3,460 TOTAL (ALL TASKS) $ 48,170 $ 48,170 TOTAL PROJECT COSTS (ALL TASKS, VILLAGE AND TOWN) $ 96,340 ESTIMATED PROJECT TIMELINE Following execution of the Interlocal Agreement, TCRPC anticipates all Phase 1 tasks will be completed within five months. Subsequently, all Phase 2 tasks are anticipated to be completed within three months after identification of all of the site development proposals. An estimated project timeline, detailing the estimated time for completion of individual tasks, is provided in Attachment C. 17 ATTACHMENT B ECONOMIC & REAL ESTATE MARKET ANALYSIS AND FINANCIAL FEASIBILITY ANALYSIS PROJECT TASKS & COSTS FEE Phase 1 Economic & Real Estate Market Analysis 1-1 Project Initiation / Site Reconaissance 3,888 1-2 Stakeholder Interviews 6,564 1-3 Demographic & Economic Profile 4,688 1-4 Real Estate & Market Conditions 8,288 1-5 Market / Development Potentials 8,832 1-6 Project Memorandum 7,447 1-7 Multi-jurisdictional Review of Findings 6,988 1-8 Public Presentations 5,720 Data Purchase Costs (ESRI, CoStar, STR)2,625 SUB-TOTAL (TASKS 1-1 THROUGH 1-8)55,040 Phase 2 Financial Feasibilty Analysis (of Developer Responses) 2-1 Financial Feasibility Analysis 23,753 2-2 Multi-jurisdictional Review of Findings & Project Memorandum 10,188 Data Purchase Costs (RS Means)439 27,639 SUB-TOTAL (TASKS 2-1 & 2-2)34,380 6,740 34,379 Phase II-B Financial Feasibility Presentations 2-3 Public Presentations 6,920 SUB-TOTAL (TASK 2-3)6,920 TOTAL (ALL TASKS)96,340 PROJECT TASK VILLAGE OF NORTH PALM BEACH & TOWN OF LAKE PARK - TWIN CITY MALL SITE ECONOMIC & REAL ESTATE MARKET ANALYSIS AND & FINANCIAL FEASIBILITY ANALYSIS 18 ATTACHMENT C ECONOMIC & REAL ESTATE MARKET ANALYSIS AND FINANCIAL FEASIBILITY ANALYSIS ESTIMATED PROJECT TIMELINE 1 2 3 4 5 6 7 8 9 10 11 12 Phase 1 Economic & Real Estate Market Analysis 1-1 Project Initiation / Site Reconaissance * 1-2 Stakeholder Interviews * * 1-3 Demographic & Economic Profile * * 1-4 Real Estate & Market Conditions * 1-5 Market / Development Potentials * 1-7 Project Memorandum * 1-8 Multi-jurisdictional Review of Findings * 1-6 Public Presentations (Phase 1)* * Phase 2 Financial Feasibilty Analysis (of Developer Responses) 2-1 Financial Feasibility Analysis * * 2-2 Multi-jurisdictional Review of Findings & Project Memorandum * * 2-3 Public Presentations (Phase 2)* # MONTHS VILLAGE OF NORTH PALM BEACH & TOWN OF LAKE PARK - TWIN CITY MALL SITE ECONOMIC & REAL ESTATE MARKET ANALYSIS AND & FINANCIAL FEASIBILITY ANALYSIS PROJECT TASK WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 1 VIA E -MAIL : tlanahan@tcrpc.org, kdelaney@tcrpc.org December 15, 2020 Mr. Thomas Lanahan, Executive Director Treasure Coast Regional Planning Council 421 Southwest Camden Avenue Stuart, FL 34994 RE: Revised Letter Proposal—Draft #4 Twin City Mall Site Redevelopment Market & Financial Feasibility Study North Palm Beach and Lake Park, FL CC: Kim Delaney, Ph.D., Director, Strategic Development & Policy Dear Tom, On behalf of WTL+a, we appreciate the opportunity to present this revised proposal to conduct a real estate market analysis of redevelopment potentials on the Twin City Mall site, located in the Village of North Palm Beach and the Town of Lake Park. Based on our multiple conversations with representatives from each jurisdiction, both municipalities are evaluating potential redevelopment of the site through an inter-local agreement, and have requested market and planning assistance from TCRPC. This proposal reflects our current understanding of the assignment, based on comments received from a review of our June 25th, August 20th and November 24th draft proposals and in follow-up discussions with TCRPC staff. This revised proposal also outlines our administrative and project approach, proposed fee and invoice schedule. WTL+a has conducted previous studies in both Lake Park and North Palm Beach. In 2017, we prepared an economic development analysis of Lake Park on behalf of the Town; in 2016, we prepared a real estate market analysis of North Palm Beach as part of TCRPC’s preparation of a Village Master Plan. We evaluated transit-oriented development (TOD) potentials in neighboring Palm Beach Gardens as part of a TOD Station Area Master Plan in 2017—2018, and are currently assisting TCRPC with economic analyses as part of CRA Plan Updates in Riviera Beach and Delray Beach. WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 2 Understanding the Issues The Town of Lake Park and the Village of North Palm Beach are collaborating on a redevelopment plan for the Twin City Mall site, which straddles the boundaries of each municipality. As part of this planning process, the municipalities understand that an evaluation of market-supportable redevelopment potentials is key to guiding public policies tailored to move the site’s redevelopment forward. As we understand, TCRPC would be engaged by the municipalities to participate in the planning process and administer the market study contract with WTL+a. About the Site The Twin City Mall site is located at the southwest quadrant of the intersection of Northlake Boulevard and U.S. Route 1, and straddles the boundaries of Lake Park and North Palm Beach. Parcel data obtained from the Palm Beach County Property Appraiser indicate the following:  As illustrated in Table 1, the site encompasses seven parcels and 15.75 acres of land in the Village of North Palm Beach. Four parcels are developed with 103,285 sq. ft. of commercial uses, including an 85,616 sq. ft. (underutilized) community shopping center and three freestanding pad retail businesses (BP Gas, CVS and TD Bank);  These seven parcels have a 2019 taxable value of $10.78 million ($104 per sq. ft. of developed uses); and WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 3  In addition, there are three other parcels, one for stormwater management on 0.37 acres, and two vacant commercial parcels totaling 4.24 acres. Table 1: Twin City Mall Parcel Information—North Palm Beach  As illustrated in Table 2, the Lake Park portion of the site encompasses nine parcels and 22.47 acres of land, with four parcels containing 74,464 sq. ft. of commercial uses, which include a 52,768 sq. ft. Publix Supermarket;  These nine parcels have a 2019 taxable value of $12.61 million ($169 per sq. ft. of developed uses); and Parcel Site Size Year Property Land Size Address Owner (Acres) Built Use Code Uses (SF)Market Taxable Per SF North Palm Beach Multiple Tenants Village Shops 7.99 1967 Shopping Office 5,566 101 US Highway 1 at US 1 LLC Center- Lobby 1,813 Community Warehouse 7,120 Warehouse 71,117 Total:85,616 7,437,763$ 4,831,530$ 56.43$ BP Gas Northlake 0.75 2000 Service C-Mart 2,275 165 US Highway 1 Petroleum,Station Car Wash 648 Inc.Total:2,923 1,235,824$ 1,235,824$ 422.79$ CVS OPVC 1.45 1997 Supermarket/Drug store 312 Northlake Blvd.Northlake Drug Store Freestanding 9,842 Promenade Total:9,842 1,900,000$ 1,900,000$ 193.05$ LLC TD Bank Palm Beach 0.95 2005 Financial Neighborhood 316 Northlake Blvd. County Bank Bank 4,904 Total:4,904 1,683,976$ 1,683,976$ 343.39$ Stormwater Parcels Northlake 0.37 River/Lakes 112$ 112$ -$ Promenade Shoppes LLC Vacant Village Shops 3.81 Vacant 898,331$ 898,331$ -$ at US 1 LLC Commercial Vacant Village Shops 0.43 Vacant 234,710$ 234,710$ -$ at US 1 LLC Commercial Subtotal - North Palm Beach:15.75 103,285 13,390,716$ 10,784,483$ 104.41$ 81% Source: Palm Beach County Property Appraiser; WTL+a, June 2020. 2019 Values WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 4  In addition, there are five other parcels, including stormwater management on 2.14 acres, and four vacant commercial parcels totaling 8.34 acres. Table 2: Twin City Mall Parcel Information—Town of Lake Park Parcel Site Size Year Property Land Size Address Owner (Acres) Built Use Code Uses (SF)Market Taxable Per SF Lake Park Wendy's Wendys 0.87 2002 Restaurant,Franchise 320 Northlake Blvd. Properties LLC Drive-in Food 2,938 Total:2,938 1,115,431$ 1,115,431$ 379.66$ Bank San Fiz Inc.1.39 2005 Financial Neighborhood 328 Northlake Blvd.Bank 4,176 Total:4,176 1,352,533$ 1,352,533$ 323.88$ Publix Supermarket Real Sub LLC 7.32 2000 Shopping Comm. Retail 4,036 370 Northlake Blvd.Center- Supermarket 52,768 Community Total:56,804 6,232,749$ 6,232,749$ 109.72$ UPS Store Northlake 2.41 2000 Shopping Comm. Retail 6,196 378 Northlake Blvd.Promenade Center-Comm. Retail 4,350 Shoppes LLC Community Total:10,546 1,599,073$ 1,599,073$ 151.63$ Stormwater Parcels Northlake 2.14 River/Lakes - 642$ 642$ - Promenade Shoppes LLC Vacant OPV Northlake 0.85 Vacant - 660,789$ 660,789$ - Promenade Commercial LLC Vacant Northlake 6.65 Vacant Promenade Commercial - 1,641,058$ 1,641,058$ - Shoppes LLC Vacant Village Shops 0.70 Vacant - 228$ 228$ - at US 1 LLC Commercial Vacant Village Shops 0.14 Vacant - 14,342$ 14,342$ - at US 1 LLC Commercial Subtotal - Lake Park:22.47 74,464 12,616,845$ 12,616,845$ 169.44$ 100% TOTAL:38.22 177,749 26,007,561$ 23,401,328$ 131.65$ Source: Palm Beach County Property Appraiser; WTL+a, June 2020. 2019 Values WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 5 In total, the Twin City Mall site includes 38.22 acres of land and 177,749 sq. ft. of commercial uses with a 2019 taxable value of $23.4 million ($131 per sq. ft.). There are 12.58 acres of vacant commercial land on six separate parcels. Proposed Land Use Analysis Both the Village and the Town seek to understand market potentials and development/planning scenarios for the site to guide subsequent public policies. The four potential land uses to be analyzed in the real estate market study will include:  Multi-family Residential (for-sale and/or rental)  Office/Workplace  Retail (stores, food & beverage, consumer services, etc.)  Hospitality/Hotel As an underutilized/under-developed asset in a location offering strong visibility/access and marketability on the U.S. Route 1 and Northlake Boulevard corridors, the site could be redeveloped in a number of different ways. Redevelopment potentials may be complicated, however, by multiple/fragmented ownership, the existence of several independently-owned outparcels/pad retail uses, and the leasehold/ownership restrictions identified in the original development agreement of a key anchor use, Publix Supermarket (such restrictions may also apply to other retail tenants on the site). Moreover, high land values may necessitate additional densities for particular uses such as residential. Higher densities will also impact the provision of on-site parking, which could complicate the project’s overall financial viability. These, and other, issues will be addressed in the market study. As we understand, the Town of Lake Park and the Village of North Palm Beach have identified the following objectives:  To identify a market-supportable redevelopment program and phasing strategy by evaluating the product, price and estimated pace of absorption of the four land uses identified above  To evaluate planning scenarios (prepared previously by Dover/Kohl) to determine the best- fit of identified, market-based redevelopment uses WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 6  To sustain existing jobs and create net new jobs for both municipalities  To expand each municipality’s ad valorem tax base with new property tax revenues generated by redevelopment and optimize sales tax revenues from new retail and/or lodging uses, and  To appropriately prioritize and leverage potential public sector investments on the site for public benefit. These and other goals will be addressed by synthesizing the real estate market analysis and planning and land use concept alternatives prepared by Dover/Kohl. TCRPC will manage the redevelopment planning process to best inform municipal decisions on the site’s redevelopment. Scope of Work As detailed below, WTL+a will initiate both phases of this scope of work only upon written authorization/contract execution. The results of the first phase of work are intended to guide public decisions necessary to initiate the site’s redevelopment (e.g., issuance of a developer Request for Proposals/RFP). Phase 1: Market & Development Analysis Task 1: Project Initiation/Site & Market Reconnaissance  Participate in a virtual site/area visit and market reconnaissance with the planning team to understand local market dynamics and the site’s overall competitive position in the U.S. Route 1/Northlake Boulevard corridors in Palm Beach County;  Understand adjacent and nearby economic anchors—such as competitive commercial clusters along U.S. Route 1, Northlake and PGA Boulevards—as part of more detailed analysis in subsequent tasks to understand market metrics by land use (size, market conditions, proposed expansion plans, etc.);  Identify local/regional market contacts and understand protocol for relevant field research; and  Confirm municipal goals, priorities, project approach, planning team schedule and study deliverables. WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 7 Task 2: Key Stakeholder Interviews Stakeholder interviews will be scheduled by the municipalities and/or TCRPC and conducted by telephone due to COVID-related travel restrictions. As part of this task, WTL+a will:  Complete up to 15 telephone interviews with focus groups and stakeholders as mutually identified by both municipalities and TCRPC. These could include: elected and public officials, staff from various departments, property owners, regional economic development entities (such as the Palm Beach County Business Development Board), local commercial and industrial brokers, residential real estate specialists, business interests, and other market sources as identified by TCRPC and the municipalities;  Understand market opportunities and challenges associated with specific land use concepts;  Review real estate market performance and characteristics of the U.S. Route 1 and Northlake Boulevard corridors as well as other identified competitive submarkets in this part of Palm Beach County;  Assess opinions of competitive product types, absorption potentials, target markets, pricing, revenues (commercial rents, sales), absorption/leasing activity, etc., by land use category;  Ascertain market-based strengths and weaknesses of the site and area compared to other competitive areas of Palm Beach County, and gauge market response to locational characteristics, potential uses, timing/phasing; and  Review other relevant inputs from various market sources, existing planning documents and other local data for use in the real estate demand models in subsequent tasks. Task 3: Demographic & Economic Profile This task will examine the “drivers” of market demand for the land uses identified above, including: workplace office (professional/business services, medical office, etc.); supporting services such as lodging/hospitality; retail and food & beverage; and mixed-density multi-family housing. We will analyze:  Population and household growth trends and forecasts, household incomes, changes in age cohorts, and other demographic indices;  Local household and employee consumer spending patterns for uses such as retail, entertainment and food service; WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 8  Employment growth trends and forecasts as they affect opportunities for workplace uses as identified above, including distribution of jobs by industry sector; and  Tourism/visitation and business demand generated for lodging/hotel uses, including (as known and relevant): visitor characteristics, visitor spending patterns, place-of-stay for overnight lodging, etc. Based on readily available data, the demographic profile will be prepared for each municipality as well as a regional trade area comprising northern Palm Beach County (defined as Silver Beach Road on the south; the County line/Loxahatchee River on the north; the Intracoastal Waterway on the east; and Florida Turnpike on the west. This regional area encompasses all or portions of Palm Beach Gardens, Juno Beach and Jupiter as well as unincorporated Palm Beach County). Potential data sources for this task include: the U.S. Census; U.S. Census of Retail Trade; University of Florida Bureau of Economic and Business Research/BEBR; Florida Department of Economic Opportunity (DEO); Dun & Bradstreet, Inc.; Claritas, Inc.; ESRI Business Analyst; Palm Beach County Business Development Board (BDB) and Tourism Development Council (TDC); the Town of Lake Park and Village of North Palm Beach; and other relevant municipal/public and private sources for local/regional demographic data. Task 4: Real Estate Market Conditions This task will analyze recent and current real estate market conditions to understand the Twin City Mall site’s competitive market position for collateral and supporting development opportunities for the land uses identified above. Based on available data, WTL+a will evaluate:  Historic (past five to 10 years) and current market performance based on available data for each use identified above;  Secondary data on development patterns in Palm Beach County and the competitive communities using key metrics such as building permits/housing starts by product type, pipeline projects, etc.; and  Inventory and vacancy trends, workplace commercial rents and sales, historic absorption/leasing activity, and key operating metrics such as hotel seasonality and segmentation. Potential data sources for this task include: CoStar, Inc., REIS Reports, Cushman & Wakefield, Inc. and/or other local market sources for commercial and industrial real estate data; Palm WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 9 Beach County Tourism Development Council for visitor data; Palm Beach County Property Appraiser; ESRI Business Analyst and U.S. Department of Housing & Urban Development for housing; and, STR Global for hotel market performance. Task 5: Market/Development Potentials This key task will test market support for each land use identified above using appropriate demand methodologies illustrated by gross building area (square feet of workplace uses, number of hotel rooms, number of housing units, etc.) or planning/industry targets for specialized uses. WTL+a will:  Compare market potentials with the timing required for infrastructure, public realm and other physical improvements on the site as identified by the planning team;  Estimate likely absorption and identify phasing considerations that consider current market conditions, near-term demand generated by adjacent or nearby anchors, proposed/approved development programs for competitive projects, and local/municipal and regional growth patterns as defined in the regional area comprising northern Palm Beach County; and  Work with TCRPC to identify catalyst and potential priority locations for specific land use concepts that emerge from the planning analysis, and consider how locational advantages and characteristics affect the site’s overall marketability for redevelopment. Task 6: Draft & Final Memorandum  WTL+a will prepare a summary technical memorandum synthesizing all key findings and recommendations of the market study and implementation strategies. The memorandum will be supported by relevant data and models; and  Submit a draft for client review and consider comments in preparing the final memorandum. For budgeting purposes, WTL+a assumes that one (1) consolidated set of client comments of the draft report will be provided for our consideration in the final document. Task 7: Multi-jurisdictional Review of Findings At the conclusion of Tasks 1 through 5, WTL+a will participate in a remote multi— jurisdictional review in a single meeting facilitated by TCRPC to:  Present the results and findings of the real estate market analysis and development WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 10 potentials and review the land use program;  Provide a summary PowerPoint of key findings and development potentials;  Review site planning issues with market findings and inputs, absorption schedules by use, identification of likely catalyst sites, etc.; and  Discuss key findings and issues pertaining to potential land disposition and redevelopment strategies. Task 8: Attend Virtual Public Meetings  Utilize the PowerPoint prepared in Task 7 incorporating one consolidated set of comments and edits from TCRPC, and the two municipalities as a public presentation tool. This revised PPT will include a summary of methodology/approach and key findings and will be submitted as a draft to TCRPC for review up to five (5) days in advance of the public meetings; and  Participate in two (2) virtual public meetings coordinated through TCRPC staff to present key findings of the real estate market study to the Town Council of Lake Park and the Village Council of North Palm Beach. Phase 2: Financial Feasibility & Review of Findings Task 9: Financial Feasibility Analysis After receipt and review of developer proposals, and upon notice-to-proceed by the municipalities, WTL+a will review up to three (3) site development proposals as selected by the municipalities. These selected development proposals will be the basis WTL+a to prepare a financial feasibility analysis of up to three (3) redevelopment scenarios for the Twin City Mall site. There are several key objectives in this analysis:  To measure the overall investment viability of specified land uses as identified by others to understand whether these uses will attract private investment;  To estimate the potential “residual value” that could be utilized to offset costs of required infrastructure (such as structured parking), public realm improvements, etc., as identified and prioritized by both municipalities and/or developers in their response to the RFP/RFQ; and WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 11  To inform municipal decisions regarding potential disposition strategies and/or in response to any request by existing or future owners/developers for public participation in some form. This task will comprise the following:  Determine key model assumptions (timing/phasing of development, likely market absorption, tenant/user characteristics, pricing and revenues, etc. based on inputs identified in the market study);  Utilize market assumptions regarding debt, equity, and financing parameters, by land use;  Integrate industry-based hard and soft development costs, by use, based on per square foot construction cost comparables obtained from RS Means Square Foot Cost Data;  Utilize cost estimates for infrastructure and public realm improvements as provided by each municipality or their authorized sources;  Create a preliminary description of sources and uses of funds for the project, limited to annual gross project revenues from all sources (e.g., ground leases, rental and sales revenues, operating income, etc.), by source, and annual operating costs, by use;  Prepare separate financial models for up to three (3) development scenarios in a 10-year cash flow pro forma for each use to: a) determine likely economic viability and b) test variable assumptions in a series of sensitivity analyses to examine impacts on investment returns, by use (e.g., commercial rental rates, discount rates, long-term ground lease versus parcel sales, etc.);  Measure any financial “gap” generated by specific uses to inform municipal decisions regarding the use of public funding for infrastructure and/or financing mechanisms, disposition strategies such as a public-private partnership, etc.; and  Calculate present value of the cash flow and determine potential leveraged and unleveraged returns accruing to a potential (master) developer, by use, over the operating period. Task 10: Multi-jurisdictional Review of Findings At the conclusion of Task 9, WTL+a will participate in a remote multi—jurisdictional review in a single meeting facilitated by TCRPC to:  Present the results and findings of the financial feasibility analysis of up to three (3) site WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 12 development proposals;  Provide a summary PowerPoint of key findings; and  Discuss key findings and issues pertaining to potential land disposition and redevelopment strategies, and potential impacts on the Town of Lake Park and Village of North Palm Beach as a means of informing public decisions regarding site disposition. Optional Task 11: Attend Virtual Public Meetings At the request of both municipalities, WTL+a will participate in up to two (2) virtual public meetings at the conclusion of both phases of work above. We will:  Prepare a consolidated PowerPoint presentation incorporating a summary of methodology/approach, and key findings of Phase 1 (demographic profile, real estate market conditions and development potentials) and Phase 2 (financial feasibility analysis) tasks. A draft version will be submitted to TCRPC for review up to five (5) days in advance of the public meetings; and  Participate in up to two (2) virtual public meetings coordinated through TCRPC staff to present these findings of the entire study to the Town Council of Lake Park and the Village Council of North Palm Beach. Professional Fee Based on our current understanding of the assignment and objectives as identified by the Village of North Palm Beach and Town of Lake Park, the proposed fee, by phase, task and staff hours, is illustrated below. The budget may change pending any changes to the accompanying scope of work. For budget purposes, we assume that all meetings, stakeholder interviews and presentations are conducted virtually (i.e., no travel costs will be incurred). Reimbursable Expenses As this study will be conducted virtually, the budget assumes no travel expenses. Other reimbursable expenses associated with this assignment include the purchase of any required research data (ESRI Business Analyst, CoStar, Inc., REIS Reports, STR Global and RS Means) necessary to complete the assignment, and other customary expenses related to completion of work (such as overnight commercial delivery services). WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 13 Phase 1 Fee Task Description Moriarity Lavash Total % of Phase Phase 1 1 Project Initiation & Site Reconnaissance 1.1 Project Initiation & Site Reconnaissance (Virtual)800$ 800$ 1,600$ 1.2 Client/Project/Administrative Coordination 800 800 1,600 Subtotal:1,600$ 1,600$ 3,200$ 7.6% 2 Stakeholder Interviews 2.1 Conduct Stakeholder Interviews (by Telephone)2,250$ 2,250$ 4,500$ Subtotal:2,250$ 2,250$ 4,500$ 10.7% 3 Demographic & Economic Profile 3.1 Demographic & Economic Profile 400$ 3,600$ 4,000$ Subtotal:400$ 3,600$ 4,000$ 9.5% 4 Real Estate Market Conditions 4.1a Workplace/Office 200$ 1,600$ 1,800$ 4.1b Lodging/Hospitality 200 1,200 1,400 4.1c Retail/F&B/Consumer Services (including inventory)2,400 200 2,600 4.1d Residential 200 1,600 1,800 Subtotal:3,000$ 4,600$ 7,600$ 18.1% 5 Market/Development Potentials 5.1 Workplace/Office 200$ 1,600$ 1,800$ 5.2a Lodging/Hospitality 200 1,200 1,400 5.2b Retail/F&B/Consumer Services 1,600 200 1,800 5.2c Residential 200 1,600 1,800 Subtotal:2,200$ 4,600$ 6,800$ 16.2% 6 Draft & Final Summary Memorandum 6.1 Prepare Draft Memo 1,600$ 3,200$ 4,800$ 6.2 Prepare Final Memo 800 800 1,600 Subtotal:2,400$ 4,000$ 6,400$ 15.2% 7 Multi-jurisdictional Review 7.1 Prepare PPT 800$ 1,600$ 2,400$ 7.2 Participate in Multi-jurisdictional Review of Findings 1,600 1,600 3,200 Subtotal:2,400$ 3,200$ 5,600$ 23.3% 8 Attend Public Meetings (Virtual) 8.1 Prepare Revised PPT (from Task 7.1)400$ 400$ 800$ 8.2 Participate in Virtual Public Meetings 1,600 1,600 3,200 Subtotal:2,000$ 2,000$ 4,000$ 16.7% TOTAL - Phase 1:16,250$ 25,850$ 42,100$ 100.0% + Data Purchase Costs (ESRI @ $700, STR @ $550,CoStar @ $1,350)2,625$ + Reimbursable Travel Expenses (Assume No Trips)-$ TOTAL:44,725$ WTL+a WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 14 Phase 2 Fee Optional Phase 2 Fee In the event that travel becomes permissible after COVID-19 vaccinations are provided, and the municipalities request in-person meeting(s), WTL+a will provide an estimate of not-to- exceed travel costs for approval to participate in any of the meetings/presentations identified above (Tasks 7, 8, 10 and Optional Task 11). Task Description Moriarity Lavash Total % of Phase Phase 2 9 Financial Feasibility Analysis 9.1 Review Developer Proposals (up to 3)3,000$ 3,000$ 6,000$ 9.2 Identify Key Assumptions & Financial Parameters 400 400 800 9.3 Prepare 3 Feasibility Scenarios with Sensitivity Testing 400 9,600 10,000 9.4 Analyze Results 800 800 1,600 Subtotal:4,600$ 13,800$ 18,400$ 76.7% 10 Multi-jurisdictional Review 10.1 Prepare PPT 800$ 1,600$ 2,400$ 10.2 Participate in Multi-jurisdictional Review of Findings 1,600 1,600 3,200 Subtotal:2,400$ 3,200$ 5,600$ 23.3% TOTAL - Phase 2:7,000$ 17,000$ 24,000$ 100% + Data Purchase Costs (RS Means @ $439)439$ + Reimbursable Travel Expenses (Assume No Trips)-$ TOTAL:24,439$ WTL+a Task Description Moriarity Lavash Total % of Phase Phase 2 Optional 11 Attend Public Meetings (Virtual) 11.1 Prepare Consolidated PPT 800$ 1,200$ 2,000$ 11.2 Participate in Virtual Public Meetings 1,600 1,600 3,200 Subtotal:2,400$ 2,800$ 5,200$ 100.0% TOTAL - Phase 2 Optional:2,400$ 2,800$ 5,200$ 100% + Data Purchase Costs (Assume No Data)-$ + Reimbursable Travel Expenses (Assume No Trips)-$ TOTAL:5,200$ WTL+a WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 15 Invoicing WTL+a will invoice TCRPC at 30-day intervals based on percentage of task completion. Payments are due within 15 business days of invoice approval. Single invoices will be prepared and submitted to TCRPC; each invoice will identify the share of monthly costs to each municipality. We note that the final project budget may be subject to revision based on any changes to the scope of services as presented herein. WTL+a reserves the right to stop work and withhold work product if invoices remain unpaid after 30 days. All previously submitted invoices must be paid in full prior to release of the draft report in this assignment. Authorization TCRPC retains the right to terminate this agreement at any time. In case of termination, WTL+a will be due the proportion of fees identified above for those services completed at the time of termination. Signing and returning one (1) copy of this proposal indicates your acceptance of this proposal. On behalf of WTL+a, I very much appreciate the opportunity to present this revised proposal to assist TCRPC on behalf of the Village of North Palm Beach and Town of Lake Park. Sincerely, W. Thomas Lavash Managing Principal For TCRPC ACCEPTED BY: _______________________________________ Date: _____________ Tom Lanahan, Executive Director WTL+a WTL +a Real Estate & Economic Advisors Washington, DC—Cape Cod, MA 301.502.4171 508.214.0915 16 Standard Proposal Addendum WTL +a It is understood by the client that WTL +Associates (“WTL+a”) can make no guarantees concerning the recommendations that will result from the proposed assignment, since these recommendations must be based upon facts discovered by WTL +a during the course of the study and those conditions existing as of the date of the report. To protect you and other clients, and to assure that the research results of our work will continue to be accepted as objective and impartial by the business community, it is understood that our fee for the undertaking of this project is in no way dependent upon the specific conclusions reached or the nature of the advice given by WTL +a in our report to you. It is agreed by the client that the report is not to be used in conjunction with any public or private offering of debt or equity securities without our prior written consent. It is further agreed that the client will indemnify WTL +a against any losses, claims, damages and liabilities under federal or state security laws that may arise as a result of statements or omissions in public or private offerings of securities. It is agreed by the client that payment for the services of WTL +a is due upon receipt of the invoice; that full payment is due upon receipt of the completed report; and that WTL +a has the right to withhold delivery of any work product, including the final report, pending receipt of any overdue payments. In the event any invoice is not paid within thirty (30) days after rendering of the invoice it shall commence bearing interest on the date the invoice was rendered at the rate of 15 percent per annum (or such lesser rate as may be the maximum interest permissible under applicable law), and the client agrees to pay all accrued interest, together with the charges for services rendered as provided for in this agreement. In addition, should an unpaid invoice be referred to our attorneys for collection, the client agrees to pay their reasonable fee for such work, as well as any costs of suit that may be incurred. It is further agreed by the client that the report will be presented to third parties in its entirety and that no abstracting of the report will be made without first obtaining the permission of WTL +a. It is understood by WTL +a that the findings of this report are the proprietary property of the client and they will not be made available to any other organization or individual without the consent of the client. This proposal will remain in force for a period of sixty- (60) days from the date shown herein. VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jessica Green, Village Clerk DATE: February 25, 2021 SUBJECT: DISCUSSION – Boards and Committees As a result of previous Workshop Sessions regarding the Village’s boards and committees in 2018, the Village Council adopted and enacted on 2nd reading Ordinance No. 2019-01 on March 14, 2019. The Ordinance amended the Village Code provisions relating to Village boards and committees, increased the membership and eliminated alternate members, revised the procedural requirements, eliminated the Construction Board of Adjustment and Appeals, required the Planning Commission to assume the duties of the Board of Adjustment, and created a new Environmental Advisory Board. Since the adoption of Ordinance 2019-01, members of the Village Council have expressed interest in further evaluating the goals, operations and composition of the Village’s boards and committees. During Strategic Planning discussion and comments made during Village Council meetings, the following issues have been identified as topics of discussion for the Council:  Re-establish the Business Advisory Board.  Re-evaluate the Waterways Board’s purpose, function and meeting requirements.  Determine a clear distinction and delineation of function and purpose between the Recreation Advisory Board and the Waterways Board.  Re-evaluate the goals and purpose of the Environmental Committee.  Re-evaluate board member term lengths and the possibility of term limits for all of the Village’s boards and committees.  Create a “Junior Council” or Youth Advisory Board made up of students who can meet to engage and discuss community concerns and bring their findings back to Council. Recommendation: Village Staff is requesting Village Council guidance and input on possible changes to the goals, functions and requirements of certain Village boards and committees and/or member term length and limitations of all Village boards and committees. SUMMARY OF VILLAGE BOARDS AND COMMITTEES Audit Committee Chapter 2, Article III, Division 2, Village Code Composition 7 members Terms 3 year staggered Meetings On call Requirements Village resident; experience in finance or business preferred The Audit Committee oversees and monitors the independent audits of the Village's financial statements from the selection of the independent auditors to the resolution of audit findings. The audit committee facilitates communication between the village manager’s office, the independent auditors, and the Village Council, and serves as an advisor to the Village Council. The Committee presents a written report annually to the Council, which shows how the committee has discharged its duties and met its responsibilities. The written report also includes its findings as to the independent audits of the Village's financial statements. Business Advisory Board Chapter 17, Article VII, Village Code Composition 7 members Terms 3 year staggered Meetings 4th Monday of the month at 6:30 p.m. (Board has not met since 2014) Requirements Owners or operators of store-front businesses along the village’s main commercial corridors, (Northlake Boulevard, U.S. Highway One and Alternate A1A); to the extent practicable, shall consist of a representative from a retail business, a professional services business and a personal services business; a commercial realtor or business broker; and a commercial property owner. Members are not required to be residents of the village. The mission of the Business Advisory Board Mission is to promote business development and to support and sustain existing businesses within the village by identifying business opportunities and act as a liaison between the owners of businesses within the village and the village council. The Board’s duties are to advise the council on recommended improvements to, and the establishment of, village policies and procedures impacting the business community; review and recommend appropriate communication strategies to disseminate village information to the business community; solicit and facilitate business input in matters of significance to the village; endeavor to build a community of support through education of its members, prospective members, community groups and government officials; advise the council and administration on business development opportunities within the village; and identify, analyze and address legislative issues that may impact the business community. Summary of Village Boards and Committees Page 2 of 4 Environmental Committee Chapter 24, Article IV, Village Code Composition 7 members Terms 2 year staggered Meetings On call Requirements Village resident; experience in finance or business preferred The Environmental Committee recommends programs and activities to promote and conserve the Village’s natural environment and enhance the overall appearance of the Village, ensures that existing and future Village programs and public improvements are practicable, environmentally friendly and utilize and promote native, drought tolerant plant species. The Environmental Committee identifies, analyzes and addresses issues relating to the overall aesthetics of the Village and recommends methods to encourage and recognize the beautification of commercial and residential properties. General Employees Pension Board Chapter 2, Article V, Division 3, Section 2-151, Village Code Composition 5 members Terms 3 years (employees), 2 years (Council appointed, resident non-employees), 1 year (employee appointed member of the general public) Meetings Quarterly Requirements Village resident (2 members); Village employees (2 elected members); member who has never been employed by the Village (1) appointed by the other 4 members. Members must file annual financial disclosure statements with the Florida Commission on Ethics. The General Employees Pension Board performs all duties and enjoys all rights and powers vested by law or ordinance, and is responsible for administering and effectuating the provisions of the law relating to the general employees’ retirement fund. Golf Advisory Board Chapter 9, Article II, Village Code; and Resolution 2007-108 Composition 7 members Terms 2 year staggered (regular members); 1 year (association representatives) Meetings 3rd Monday of the month at 6 p.m. Requirements Resident golf member; resident or non-resident golf member; MGA rep or golf member; WGA rep or golf member; member with no membership or residency requirement. The mission of the Golf Advisory Board is to support and effectuate an outstanding golf experience at an affordable price through superior customer service, high quality playing conditions, and a wide variety of golf services tailored to members, residents and guests. The Golf Advisory Board has the duty to administer, review and interpret the Golf Course rules, regulations, policies and procedures, which include the following areas: member and resident comments and concerns; course procedures relating to starting times; shotgun events; tournament scheduling; charitable outings; special member events; and course and facilities conditions. Infrastructure Surtax Oversight Committee Resolution 2017-16 Composition 5 members Terms 2 years (after expiration of initial terms) Meetings On call Requirements Village resident The Infrastructure Surtax Oversight Committee acts in an oversight and advisory capacity to the Village Council and reviews the Village’s use of proceeds from the one-cent sales surtax approved by voters in November 2016. Proceeds of the surtax are to be used for the financing, planning, and construction of infrastructure (defined as fixed capital expenditures or outlays associated with the construction, reconstruction or improvement of public facilities and the purchase of vehicles and equipment with a life expectancy of more than five years). The Committee is required to present an annual report to the Council concerning the use of surtax proceeds. Summary of Village Boards and Committees Page 3 of 4 Library Advisory Board Chapter 16, Article II, Village Code Composition 7 members Terms 2 year staggered terms Meetings 4th Tuesday of the month Requirements Village resident. The Library Advisory Board serves in an advisory capacity to the Village Council and makes recommendations as to present and future activities, planning, programs, capital improvements and facilities and other matters relating to the overall function and operation of the North Palm Beach Public Library. Planning Commission Chapter 21, Article II, Section 21-11; Chapter 6, Article III, Section 6-36 Composition 7 members Terms 2 year staggered Meetings 1st Tuesday of the month at 6:30 p.m. Requirements Village resident; (1) Land Use Planner or Architect; (1) Architect; (1) Civil Engineer; (1) Person engaged in business in North Palm Beach, and 3 members that have no specific business or professional requirement. Members must file annual financial disclosure statements with the Florida Commission on Ethics. The Planning Commission is designated to act as the “local planning agency” in accordance with F.S. 163. It holds public hearings and makes recommendations regarding amendments to the appearance plan, the issuance of certificates of appropriateness, reviews preliminary and final plats, and performs any duties which the Council may lawfully assign to it and other duties assigned to it under the Code. Before annexations, the Council seeks Commission’s advice. The Council may amend or supplement zoning regulations and districts after Commission referral and recommendation. The Planning Commission also serves as the Village’s Board of Adjustment. Police and Fire Pension Board Chapter 2, Article V, Division 4, Section 2-166 Composition 5 members Terms 4 years Meetings Quarterly Requirements Village firefighters (2 elected members); Village police officers (2 elected members); Village resident (1) appointed by the Council. Members must file annual financial disclosure statements with the Florida Commission on Ethics. The Police and Fire Pension Board performs all duties and enjoys all rights and powers vested by law or ordinance, and is responsible for administering and effectuating the provisions of the law relating to the retirement fund for police and fire. Recreation Advisory Board Chapter 5, Article III, Village Code Composition 7 members Terms 2 year staggered Meetings 2nd Tuesday of the month at 7 p.m. Requirements Village resident The Recreation Advisory Board serves in an advisory capacity to the Council and makes recommendations as to present and future recreation activities, planning, recreation programs, capital improvements and facilities and other matters relating to the overall recreational activity of the Village other than its waterways. Summary of Village Boards and Committees Page 4 of 4 Waterways Board Chapter 5, Article V, Village Code Composition 7 members Terms 3 year staggered Meetings On call (Last meeting occurred on 2/5/19) Requirements Village resident The mission of the Waterways Board is to ensure that Village waterways and the Anchorage Park marina are maintained, operated, and improved to provide the safest, most efficient, economical and environmentally-sound water transportation route in the Village and to provide sound use of Village waterways that serve business, commercial fisheries, and recreation. The Board recommends improvements and establishment of policies to Council, and is responsible for identifying, analyzing, addressing, and publicizing issues that affect Village waterways, citizens, and users. The Board is charged with building community support through education of its members, prospective members, community groups, and relevant government officials. General Procedures for Boards and Committees Chapter 2, Article I, Village Code Audit Committee: 3 year staggered term (On Call) Name Initial Appointment Date Current Term of Office Board Term Total Years of Service Magill, Tom August 18, 2004 5/1/2019 - 4/30/2022 3 years 16 Chairman Andres, Thomas April 25, 2019 5/1/2019 - 4/30/2022 3 years 1 Member Katz, Edward June 8, 2017 5/1/2019 - 4/30/2021 2 years 3 Member Kazimir, Donald June 8, 2017 5/1/2018 - 4/30/2021 3 years 3 Member Mehregan, Suzanne April 26, 2018 5/1/2019 - 4/30/2022 3 years 2 Member Silvani, Marie April 25, 2019 5/1/2019 - 4/30/2021 2 years 1 Member Talley, David May 1, 2006 5/1/2019 - 4/30/2022 3 years 14 Member Business Advisory Board: 4th Monday of the month at 6:30 pm; 3 year staggered term.(Board has not met since 2014) Name Initial Appointment Date Current Term of Office Board Term Total Years of Service Carpenter, James November 28, 2012 Term expired April 30, 2016 3 years 8 Vice Chairman Home Business Lantz, Ronald November 28, 2012 Term expired April 30, 2017 3 years 8 Member Professional Services Newman, Lee April 25, 2013 Term expired April 30, 2017 3 years 7 Member Retail Business & Real Estate Broker Talley, David October 24, 2013 Term expired April 30, 2015 3 years 7 Member Environmental Committee: 2 Year Staggered Term (On Call) Name Initial Appointment Date Current Term of Office Board Term Total Years of Service Marcus, Karen April 25, 2019 5/1/2019 - 4/30/2021 2 years 1 Chair Interlandi, Lisa April 25, 2019 5/1/2019 - 4/30/2021 2 years 1 Vice Chair Allen, Ellen April 25, 2019 5/1/2019 - 4/30/2021 2 years 1 Member Carroll, Camille September 26, 2019 9/26/2019 - 4/30/2021 2 years 1 Member Phillips, Mary Member December 12, 2019 12/12/2019 - 4/30/2020 term extended to 4/30/2021 1 year 10 months Woods, Shawn Member April 25, 2019 5/1/2019 - 4/30/2020 term extended to 4/30/2021 1 year 1 Zellner, Kendra Member April 25, 2019 5/1/2019 - 4/30/2020 term extended to 4/30/2021 1 year 1 Name Initial Appointment Date Current Term of Office Board Term Total Years of Service Peterson, Jim July 27, 2006 5/1/2018 - 4/30/2020 term extended to 4/30/2021 2 years 14 Council Appointed Resident Member Williams, Myrna August 2, 2016 term expires August 6, 2022 3 years 4 Secretary Elected Member Lerner, Jane July 22, 2013 term expires August 6, 2022 3 years 7 Elected Member Kral, Alan January 8, 2015 5/1/2019 - 4/30/2021 2 years 5 Council Appointed Resident Member Wieseneck, Paul Board Appointed Resident Member February 18, 2011 term expires August 4, 2021 1 year 9 General Employees Pension Board: Two members of the board shall be residents of the Village, selected by the Village Council to serve terms of two years. Two members of the board shall be employees of the Village, elected at large by full-time Village employee members of the plan, and shall serve terms of three years. The two employee members of the board and the two Council appointed members of the board shall annually appoint a member of the public who has never been employed by the Village to serve as the fifth member of the board. The fifth member shall serve a term of one year. Meetings are held quarterly. Golf Advisory Board: 3rd Monday of the month at 6:00 pm; 2 year staggered term, 1 year term for MGA Rep Name Initial Appointment Date Current Term of Office Board Term Total Years of Service Mathison, Steve Chairman, Resident Golf Member June 10, 2010 5/1/2018 - 4/30/2020 term extended to 4/30/2021 2 years 10 Pizzolato, Richard Vice Chairman,MGA Rep November 10, 2016 5/1/2019 - 4/30/2020 term extended to 4/30/2021 1 year 4 Witters, Curtis Secretary, Resident Golf Member April 28, 2011 5/1/2018 - 4/30/2020 term extended to 4/30/2021 2 years 9 Egizio, Jeff July 27, 2017 5/1/2019 - 4/30/2021 2 years 3 Resident Golf Member Irish, Jeffrey April 28, 2016 5/1/2019 - 4/30/2021 2 years 4 Non Resident Golf Member Talley, David Resident Golf Member December 10, 2015 5/1/2018 - 4/30/2020 term extended to 4/30/2021 2 years 5 Wells, Landon Resident Golf Member April 25, 2019 5/1/2019 - 4/30/2020 term extended to 04/30/2021 1 year 1 Infrastructure Surtax Oversight Committee: 2 year term (On Call) Name Initial Appointment Date Current Term of Office Board Term Total Years of Service Marcus, Karen Chair June 8, 2017 6/8/2017 - 4/30/2020 term extended to 4/30/2021 initially 3 years 3 Sullivan, Patricia June 8, 2017 5/1/2019 - 4/30/2021 2 years 3 Vice Chair Graham, Cathy Secretary June 8, 2017 6/8/2017 - 4/30/2020 term extended to 4/30/30/2021 initially 3 years 3 Phillips, Mary April 26, 2018 5/1/2019 - 4/30/2021 2 years 2 Member Robinson, Beverly June 8, 2017 5/1/2019 - 4/30/2021 2 years 3 Member Library Advisory Board: 4th Tuesday of the month at 7:00 pm; 2 year staggered term Name Initial Appointment Date Current Term of Office Board Term Total Years of Service Delguzzi, Christine Chair February 15, 2007 5/1/2018 - 4/30/2020 term extended to 4/30/2021 2 years 13 Wissner, Phyllis Vice Chair September 17, 2009 5/1/2018 - 4/30/2020 term extended to 4/30/2021 2 years 11 Jenkins, Bonnie Secretary January 10, 2013 5/1/2018 - 4/30/2020 term extended to 4/30/2021 2 years 7 Avakian, Brad April 28, 2016 5/1/2019 - 4/30/2021 2 years 4 Member Kost, Carolyn February 23, 2012 5/1/2019 - 4/30/2021 2 years 8 Member Chippas, Tina April 26, 2018 5/1/2019 - 4/30/2021 2 years 2 Member Metz, Leslie July 12, 2018 5/1/2019 - 4/30/2021 2 years 2 Member Planning Commission: 1st Tuesday of the month at 6:30 pm; 2 year staggered term Name Initial Appointment Date Current Term of Office Board Term Total Years of Service Cross, Cory Chairman Architect/NPB Business April 28, 1998 5/1/2019 - 4/30/2020 term extended to 4/30/2021 1 year 22 Solodar, Donald Vice Chairman Retired,NYSE June 25, 2009 5/1/2018 - 4/30/2020 term extended to 4/30/2021 2 years 11 Furlott, Jake General Contractor April 28, 2016 5/1/2018 - 4/30/2020 term extended to 4/30/2021 2 years 4 Hogarth, Thomas August 30, 2012 5/1/2019 - 4/30/2021 2 years 8 Civil Engineer Dewitt, Kathryn April 25, 2019 5/1/2019 - 4/30/2021 2 years 1 Land Planner Haigh, Jonathan June 8, 2017 5/1/2019 - 4/30/2021 2 years 3 Landscape Architect Rainaldi, Lori April 26, 2018 5/1/2019 - 4/30/2021 2 years 2 Business Owner Name Initial Appointment Date Current Term of Office Board Term Total Years of Service DiGloria, Robert Chairman April 24, 2003 5/1/2019 - 4/30/2023 4 years 17 Resident Member Coliskey, Robert Secretary Police May 31, 2011 term expires May 31, 2023 4 years 9 Ciezak, Edward August 11, 2014 term expires August 11, 2022 4 years 6 Police Jensen, Erik August 11, 2014 term expires August 11, 2022 4 years 6 Fire/ EMS Winewski, Frank December 6, 2019 term expires March 19, 2023 4 years 10 months Fire/ EMS Police & Fire Pension Board: Four members are elected by a majority of the members of the plan. Two of the elected members shall be certified Firefighters of the Village, and two shall be certified Police Officers of the Village. The fifth member shall be a legal resident of the Village and shall be appointed by the Village Council for a term of 4 years. Each of the elected board members shall be appointed for a term of 4 years. Meetings are held quarterly. Recreation Advisory Board: 2nd Tuesday of the month at 7:00 pm; 2 year staggered term Name Initial Appointment Date Current Term of Office Board Term Total Years of Service Cassidy, Maria April 23, 2015 5/1/2019 - 4/30/2021 2 years 5 Chair Cantwell, Chris June 8, 2017 5/1/2019 - 4/30/2021 2 years 3 Vice Chair Beach, Paul April 25, 2002 5/1/2019 - 4/30/2021 2 years 18 Member Bell, Bob Member April 27, 2000 5/1/2018 - 4/30/2020 term extended to 4/30/2021 2 years 20 Grill, Donald Member April 28, 1998 5/1/2018 - 4/30/2020 term extended to 4/30/2021 2 years 22 Vacant Member St. John, Mia April 25, 2019 5/1/2019 - 4/30/2021 2 years 1 Member Waterways Board: 3 year staggered term (On Call) Name Initial Appointment Date Current Term of Office Board Term Total Years of Service Sullivan, Jerry May 1, 2008 5/1/2019 - 4/30/2022 3 years 12 Chairman Hipple, Bill December 9, 2010 5/1/2019 - 4/30/2022 3 years 10 Vice Chairman Crawford, Bruce November 1, 2007 5/1/2019 - 4/30/2022 3 years 13 Secretary Preti, Ed Member April 24, 2014 5/1/2017 - 4/30/2020 term extended to 4/30/2021 3 years 6 Werner, Bob Member June 10, 2010 5/1/2019 - 4/30/2020 term extended to 04/30/2021 1 year 10 Bartlett, Paul Member April 28, 2016 5/1/2019 - 4/30/2022 3 years 4 Preti, Kelli Member April 26, 2018 5/1/2019 - 4/30/2020 term extended to 4/30/2021 1 year 2 Abramczyk, Mike Staff Liaison Marine Patrol Officer VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE VILLAGE CLERK’S OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney Melissa Teal, MMC, Village Clerk DATE: March 14, 2019 SUBJECT: ORDINANCE 2nd Reading – Amending the Village Code Provisions relating to Village Boards and Committees to increase the membership and eliminate alternate members and revise the procedural requirements, eliminate the Construction Board of Adjustment and Appeals, require the Planning Commission to assume the duties of the Board of Adjustment, and create a new Environmental Advisory Board. At its July 12, 2018 Workshop Session, the Village Council discussed potential changes to the goals, operations and composition of the Village’s boards and committees. At its September 27, 2018 Workshop Session, the Village Council considered a draft Ordinance and provided additional input and guidance. On February 28, 2019, the Village Council adopted the Ordinance on first reading and requested a modification to provide general language encouraging each advisory board and committee to meet at least once per month. To that end, Section 2-1(k)(1) of the Village Code has been revised to read as follows (additional language underlined): All village boards and committees shall endeavor to schedule a regular meeting once per month. Meetings shall be held at the call of the chairperson, at such other times as the board or committee may determine, or as otherwise provided by law or ordinance. Special meetings may be called by the chairperson or by written notice signed by a majority of all members and shall not be held unless at least 48 hours notice is given to each member and to the village clerk. Because regular and special meetings are now covered in the general provisions, the corresponding language in individual sections has been removed. Notwithstanding the foregoing, Section 21-11(c) of the Village Code still provides that “[t]he planning commission shall meet at least once each month on a date to be determined by the planning commission.” The remainder of the Ordinance provides as follows: A. Revisions to Section 2-1 (Boards and Committees) Section 20-1 establishes uniform procedures for all Village boards and committees. The Ordinance provides for the following revisions: The number of members was changed from five to seven (unless otherwise provided by law or ordinance). Language was added to allow the Village modify the terms of members at the time of appointment to provide for staggered terms. Language was added to provide that appointments to fill vacancies on any board or committee shall be for the remainder of the unexpired term. Language was added to provide that absent exigent circumstances, no board or committee meeting shall begin prior to 5:30 p.m. and all meetings shall be adjourned on or before 11:00 p.m. on the date when the meeting was convened. Because of the increase in membership from five to seven, the quorum requirement was increased from three to four. Section 2-1(m)(2) currently provides that if any member of a board or committee is absent from three consecutive regular meetings or 25 percent of the meetings within any 12-month period, the chairperson is required to notify the Village Council of the absences in writing. The language has been revised to define the 12-month period as running from May 1st to April 30th and to require the Village Clerk to notify the Village Council (in lieu of the chairperson). B. Audit Committee The number of members was changed from five to seven. The language now provides for staggered terms of three years as determined by the Village Council. Redundant language was eliminated. C. Waterways Board The number of members was changed from five to seven. The language now provides for staggered terms of three years as determined by the Village Council. Redundant language was eliminated. D. Construction Board of Adjustment and Appeals. In accordance with Council’s direction, the Ordinance eliminates the Construction Board of Adjustment and Appeals. The Board has not met in over fourteen years and Florida law provides a procedure by which a person may challenge the Building Official’s interpretation of the Florida Building Code. E. Golf Advisory Board The number of members was changed from five to seven. Currently, the Board is composed of one member from the men’s golf association (who is a golf member of the club), one member of the women’s golf association (who is a golf member of the club), one resident golf member, one resident or non-resident golf member and a fifth member with no residency or membership requirement. Under the proposed language, the number of resident or non-resident golf members has been increased to three. The association representatives serve one-year terms, with the remainder of the members serving staggered terms of two years. Redundant language was eliminated. F. Library Advisory Board Official name was changed from Library Board to Library Advisory Board. The number of members was changed from five to seven. The language now provides for staggered terms of two years as determined by the Village Council. Redundant language was eliminated. G. Business Advisory Board The number of members was changed from five to seven. The language now provides for staggered terms of three years as determined by the Village Council. H. Recreation Advisory Board The number of members was changed from five to seven. The language now provides for staggered terms of two years as determined by the Village Council. Redundant language was eliminated. I. Planning Commission The number of members was changed from five to seven. The language now provides for staggered terms of two years as determined by the Village Council. Redundant language was eliminated. The Board’s duties were modified to include serving as the Board of Adjustment. J. Board of Adjustment Language was added to provide that the members of the Planning Commission shall serve as the Board of Adjustment. Minor changes were made to clean up the language. A provision was added to specifically require that the concurring vote of a majority of all members (four) is required to grant a variance. K. Environmental Advisory Board In accordance with Council direction, the Ordinance creates a new Environmental Advisory Board composed of seven members to serve staggered terms of two years. The Board shall have the following duties and responsibilities: The Board shall act in an advisory capacity to the village council and recommend programs and activities to promote and conserve the village’s natural environment and enhance the overall appearance of the village, including, but not limited to, public facilities, swales, open spaces and rights-of-way; The Board shall ensure that the existing and future village programs and public improvements are, to the fullest extent practicable, environmentally friendly and utilize and promote native, drought-tolerant plant species; The Board shall identify, analyze and address issues relating to the overall aesthetics of the village and recommend methods to encourage and recognize the beautification of privately owned commercial and residential properties; and The Board shall perform any other duty or responsibility assigned by the Village Council. So as not disrupt the current operation of Village boards and committees due to changes in the status of the members and in the terms, Staff is recommending that the Ordinance be effective as of April 1, 2019. The attached Ordinance has been prepared/reviewed by the Village Attorney for legal sufficiency. There is no fiscal impact. Recommendation: Village Administration requests Council consideration and approval on second and final reading of the attached Ordinance revising the provisions applicable to Village boards and committees to increase the membership and eliminate alternate members and revise the procedural requirements, eliminate the Construction Board of Adjustment and Appeals, require the Planning Commission to assume the duties of the Board of Adjustment, and create a new Environmental Advisory Board. Page 1 of 21 ORDINANCE NO. _____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF3 NORTH PALM BEACH, FLORIDA, RELATING TO VILLAGE BOARDS AND4 COMMITTEES; AMENDING ARTICLE I, “IN GENERAL,” OF CHAPTER 2, 5 ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES BY6 AMENDING SECTION 2-1, “BOARDS AND COMMITTEES,” TO INCREASE7 THE NUMBER OF MEMBERS AND ELIMINATE ALTERNATE MEMBERS, 8 MANDATE THE START TIME OF MEETINGS, AND CLARIFY PROVISIONS9 REGARDING VACANCIES, REMOVAL, APPOINTMENT AND MEETINGS; 10 AMENDING DIVISION 2, “AUDIT COMMITTEE,” OF ARTICLE III, 11 ADMINISTRATIVE CODE,” OF CHAPTER 2 OF THE VILLAGE CODE TO12 REVISE THE MEMBERSHIP AND TERMS AND REMOVE REDUNDANT13 LANGUAGE; AMENDING ARTICLE IV, “WATERWAYS BOARD,” OF14 CHAPTER 5, “BOATS, DOCKS AND WATERWAYS,” OF THE VILLAGE CODE15 OF ORDINANCES TO REVISE THE MEMBERSHIP AND TERMS AND16 REMOVE REDUNDANT LANGUAGE; AMENDING ARTICLE II, 17 MINIMUM CONSTRUCTION STANDARDS,” OF CHAPTER 6, 18 BUILDINGS AND BUILDING REGULATIONS,” OF THE VILLAGE CODE19 OF ORDINANCES TO REPEAL SECTION 6-18, “CONSTRUCTION BOARD20 OF ADJUSTMENT AND APPEALS;” AMENDING ARTICLE II, 21 GOLF ADVISORY BOARD,” OF CHAPTER 9, “COUNTRY CLUB,” OF22 THE VILLAGE CODE OF ORDINANCES TO REVISE THE MEMBERSHIP23 AND TERMS AND REMOVE REDUNDANT LANGUAGE; AMENDING24 ARTICLE VIII, “BUSINESS ADVISORY BOARD,” OF CHAPTER 17, 25 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS,” OF THE26 VILLAGE CODE OF ORDINANCES TO REVISE THE MEMBERSHIP AND27 TERMS AND REMOVE REDUNDANT LANGUAGE; AMENDING ARTICLE28 III, “RECREATION ADVISORY BOARD,” OF CHAPTER 20, “PARKS, 29 PLAYGROUNDS AND RECREATION,” OF THE VILLAGE CODE OF30 ORDINANCES TO REVISE THE MEMBERSHIP AND TERMS AND31 REMOVE REDUNDANT LANGUAGE; AMENDING CHAPTER 21, 32 PLANNING AND DEVELOPMENT,” OF THE VILLAGE CODE OF33 ORDINANCES BY AMENDING ARTICLE II, “PLANNING COMMISSION,” 34 TO REVISE THE MEMBERSHIP AND TERMS, REMOVE REDUNDANT35 LANGUAGE, AND PROVIDE FOR ADDITIONAL DUTIES AND BY36 AMENDING ARTICLE III, “BOARD OF ADJUSTMENT,” TO PROVIDE37 THAT THE PLANNING COMMISSION SHALL SERVE THIS FUNCTION38 AND REQUIRE THAT A CONCURRING VOTE OF ALL MEMBERS IS39 REQUIRED TO GRANT A VARIANCE; CREATING A NEW ARTICLE IV40 OF CHAPTER 24, “STREETS, SIDEWALKS AND PUBLIC PLACES,” OF41 THE VILLAGE CODE OF ORDINANCES TO CREATE AN42 ENVIRONMENTAL COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP43 AND DUTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR44 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 45 46 WHEREAS, the Village Council wishes to revise the requirements applicable to Village boards and47 committees, dissolve the Construction Board of Adjustment and Appeals, have the Planning Commission48 assume the duties of the Board of Adjustment and create a new Environmental Committee; and49 Page 2 of 21 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best1 interests of the residents and citizens of the Village of North Palm Beach. 2 3 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE4 OF NORTH PALM BEACH, FLORIDA as follows: 5 6 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 7 8 Section 2. The Village Council hereby amends Article I, “In General,” of Chapter 2, 9 Administration,” of the Village Code of Ordinances as follows (additional language underlined10 and deleted language stricken through): 11 12 Sec. 2-1. Boards and committees. 13 14 a) Purpose. The purpose of this section is to establish procedures for15 village boards and committees. Except as specifically provided by law or ordinance, 16 all boards and committees are advisory only and the existence of such advisory17 boards and committees does not diminish or alter the statutory or constitutional18 authority of the village council. 19 20 b) Scope. The provisions of this section shall apply to all village21 boards and committees and shall govern the conduct of all members of such boards. 22 23 c) Creation of advisory boards. The village council may, by ordinance, 24 create a board or committee in connection with any function of the village. The25 ordinance creating such board shall specify the purpose, powers, and duties of the26 board. Nothing set forth herein shall prevent the village council from creating ad hoc27 committees of limited duration by resolution. 28 29 d) Records. Each board and committee shall maintain attendance30 records and voting records of each member and shall forward such information to31 the village clerk. The records shall include the reason given by the board or32 committee member for any absence. 33 34 e) Compensation of members. Board and committee members shall35 serve without compensation except as may be provided by ordinance or resolution36 of the village council. 37 38 f) General provisions. Members of village boards and committees: 39 40 1) Shall serve at the pleasure of the village council and may be41 removed with or without cause by a vote of the village council; 42 43 2) Shall be a resident of the village and maintain residency in the village44 during the term of appointment (unless waived by the village council) 45 and meet such other eligibility requirements as may be established46 by the village council; 47 48 3) Shall not hold any employment or office in village government or49 any contractual relationship with the village; 50 Page 3 of 21 4) Shall serve on only one village board or committee where1 membership on two boards or committees would violate the2 constitutional dual office-holding prohibition; 3 4 5) Shall not appear before the board or committee on which they serve or5 the village council as an agent or attorney on behalf of any person or entity; 6 7 6) Shall not have or hold any employment or contractual relationship8 that will create a continuing or frequently recurring conflict between9 their private interests and the performance of their public duties or10 that would impede the full and faithful discharge of their public duties; 11 12 7) Shall not initiate any grievance or complaint against any person13 appearing before the board or committee on which they serve14 without the approval of the village manager; and15 16 8) Shall attend all meetings in person and shall not participate as a17 member of any board or committee or vote on any matter by18 telephone, video conferencing, or any other electronic means. 19 20 g) Number of members. Unless otherwise provided by law or ordinance, 21 each advisory board or committee shall have five seven regular members and two22 alternative members, designated as the first alternate and the second alternate. At23 the beginning of each meeting, the chairperson of the board or committee shall24 publicly announce whether first alternate and/or the second alternate will be25 participating in votes taken by the board or committee. 26 27 h) Terms of members. 28 29 1) The terms of members shall be established in the ordinance30 creating the board or committee. Notwithstanding the foregoing, 31 the village council may, at the time of appointment, modify the32 term of any member in order to provide for staggered terms. 33 34 2) Members whose terms have expired shall continue to serve until35 their successors are appointed. 36 37 3) Board and committee members may be reappointed to successive terms. 38 4) Appointments to fill vacancies on any board or committee shall be39 for the remainder of the unexpired term. 40 41 ( i) Officers. 42 43 1) All boards and committees shall, at a meeting during the month of May, 44 elect a chairperson, a vice-chairperson, and any other officers as45 the board deems necessary. The chairperson shall preside at board46 meetings and shall be the official spokesperson for the board. 47 48 2) The vice-chairperson shall assume the duties of the chairperson in49 the absence of the chairperson. At any meeting where the chairperson50 and the vice-chairperson are absent, the board or committee shall appoint51 a chairperson pro tempore to assume the duties of the chairperson. 52 53 Page 4 of 21 j) Rules. Each board and committee shall adopt rules and regulations1 regarding the manner of conducting its meetings, which shall be consistent with the2 rules and regulations prescribed by the village council. Each board and committee3 shall adhere to the basic rules of parliamentary procedure, which require that: 4 5 1) All items of business and motions that are properly before the6 board or committee are fully and freely discussed; 7 8 2) Only one issue or motion be considered at a time; 9 10 3) All members direct their remarks to the chairperson and wait to be11 recognized by the chairperson; 12 13 4) While majority rules, the rights of the minority are protected by14 assuring them the ability to speak and vote; and15 16 5) All members refrain from making personal remarks or otherwise17 attacking the motives of other members. 18 19 k) Meetings. 20 21 1) All village boards and committees shall endeavor to schedule a22 regular meeting once per month. Meetings shall be held at the call of23 the chairperson, at such other times as the board or committee may24 determine, or as otherwise provided by law or ordinance. Special25 meetings may be called by the chairperson or by written notice signed26 by a majority of all members and shall not be held unless at least 4827 hours notice is given to each member and to the village clerk. 28 29 2) Members shall notify the chairperson if they are unable to attend a30 meeting. If a quorum will not be present, the scheduled meeting31 shall be cancelled. 32 33 3) Minutes shall be kept of the proceedings at each meeting and shall34 record the official acts taken by the board or committee. Minutes35 shall be transmitted to, and maintained by, the village clerk. 36 37 4) All meetings and public hearings of village boards and committees38 shall be open to the public. All meetings shall be governed by39 Government-in-the-Sunshine Law, as set forth in section 286.011, 40 Florida Statutes, as may be amended. 41 42 5) Absent exigent circumstances, no board or committee meeting43 shall begin prior to 5:30 p.m. and all meetings shall be adjourned44 on or before 11:00 p.m. on the date when the meeting convened. 45 46 l) Quorum and required vote. 47 48 1) Unless otherwise provided by law or ordinance, a quorum for the49 transaction of business shall consist of three four members. 50 51 2) The affirmative vote of a majority of those present shall be52 necessary to take official action. If any motion fails to achieve the53 affirmative vote of a majority of those present, then such petition54 or other matter shall be deemed denied. 55 Page 5 of 21 m) Removal of members. 1 2 1) Unless waived by the village council, any member who no longer3 resides within the village during his or her term shall automatically4 cease to be a member of the board or committee and shall inform5 the village clerk’s office. 6 7 2) If any member of a board or committee is absent from three8 consecutive regular meetings or 25 percent of the regular meetings9 within any 12-month period (from May 1st to April 30th), the10 chairperson village clerk shall notify the village council of such11 absences in writing. Upon consideration of the circumstances12 pertaining to the member’s absences, the village council may retain13 the member or declare the member’s office vacant and promptly14 fill such vacancy for the unexpired term of office. 15 16 n) Resignation of members. Members of boards or committees may17 resign at any time, by submitting a written letter of resignation to the village clerk. 18 19 o) Clerical/technical support. The village manager may furnish the20 board or committee necessary clerical services and technical assistance. 21 22 p) Dissolution of boards. Unless otherwise provided by law or ordinance, 23 the village council may dissolve a board or committee if the village council24 determines that the board is no longer needed to meet the purposes for which it25 was established. 26 27 28 29 Sec. 2-3. Adjournment of meetings of boards and committees. 30 31 All regular meetings, special meetings and workshop meetings for32 village boards and commissions shall be adjourned on or before 11:00 p.m. on33 the date when the meeting convened34 35 Section 3. The Village Council hereby amends Division 2, “Audit Committee,” of Article III, 36 Administrative Code,” of Chapter 2, “Administration,” of the Village Code of Ordinances as37 follows (additional language underlined and deleted language stricken through): 38 39 Sec. 2-51. Created. 40 41 An audit committee (hereinafter referred as the commit tee) for the village42 is hereby created. 43 44 Sec. 2-52. Composition; terms; vacancies. 45 46 a) Composition. The audit committee shall consist of five (5) seven47 7) members and two (2) alternate members . The membership of the audit48 committee shall consist of five (5) village residents with educational and/or49 practical experience in the fields of finance or business. 50 Page 6 of 21 b) Terms. The village council shall appoint the council members on1 an annual basis during April of each year to take effect the following May 1 of2 each year. At the first appointment of the four (4) resident members, one (1) 3 member shall be appointed for a term of three (3) years; one (1) member shall be4 appointed for a term of two (2) years; and two (2) members shall be appointed for5 one (1) year. Thereafter, resident members shall be appointed for staggered terms6 of three (3) years as determined by the village council. Alternate members shall7 be appointed on the same day that regular members are appointed and on an8 annual basis during April of each year to take effect the following May 1 of each9 year and shall have the duty to sit for any regular member that is absent, including10 the member councilman. Alternate members shall be appointed as first alternate11 and second alternate and shall serve in that order when required. The members12 shall serve at the pleasure of the village council. 13 14 c) Vacancies. An appointment to fill any vacancy shall be for the15 remainder of the unexpired term of office. 16 17 18 19 Sec. 2-55. Removal. 20 21 If a member of the audit committee or a designated alternate of the22 committee is absent from three (3) regularly scheduled meetings of the23 committee within any twelve -consecutive-month period without such absence24 being excused by majority vote of the committee, the chairman shall promptly25 notify the village council. The council may thereafter declare the member's26 office vacant and promptly fill such vacancy for the unexpired term of office. 27 28 Section 4. The Village Council hereby amends Article IV, “Waterways Board,” of Chapter 5, 29 Boats, Docks and Waterways,” of the Village Code of Ordinances as follows (additional30 language underlined and deleted language stricken through): 31 32 Sec. 5-102. Created. 33 34 A waterways board (hereinafter referred as the "board") for the village is35 hereby created. 36 37 Sec. 5-103. Composition; terms; vacancies. 38 39 a) Composition. The waterways board shall consist of five (5) seven40 members and two (2) alternate members who shall be village residents. 41 42 b) Terms. At the first appointment of the five (5) members, one (1) 43 member shall be appointed for a term of one (1) year; two (2) 44 members shall be appointed for a term of two (2) years; and two45 2) members shall be appointed for a term of three (3) years. 46 Thereafter, resident members shall be appointed for terms of three47 3) years. The terms of all members appointed subsequent to48 November 1, 2005, that have terms ending in November shall49 be shortened to April 30 of the last yea r of the appointed term; 50 Page 7 of 21 thereafter, terms of all members shall expire on April 30. Alternate1 members shall be appointed on the same day that regular members2 are appointed and on an annual basis during April of each year to3 take effect the following May 1 of each year and shall have the4 duty to sit for any regular member that is absent. Alternate5 members shall be appointed as first alternate and second alternate6 and shall serve in that order when required. The members shall7 serve at the pleasure of the village council. The village council8 shall appoint members on an annual basis during April of each9 year to take effect the following May 1 of each year for staggered10 terms of three (3) years as determined by the village council. 11 12 c) Vacancies. An appointment to fill any vacancy shall be for the13 remainder of the unexpired term of office. 14 15 Sec. 5-104. Organization. 16 17 At the first organizational meeting of the board, the members shall elect a18 chairman and vice chairman from among its members. Subsequent to the initial19 organizational meeting where officers are elected, the members shall elect the20 officers from among its members at the first regular meeting in may of each year. 21 The presence of three (3) members shall constitute a quorum, and motions shall22 be approved by a majority of members present. The members shall serve without23 compensation. All meetings of the waterways board shall be held at Village Hall, 24 501 U.S. Highway One, North Palm Beach, Florida, and shall be open to25 members of the public. 26 27 Sec. 5-1054. Duties. 28 29 The waterways board shall have the following missions and responsibilities: 30 31 1) The mission of the waterways board is to ensure that the32 waterways located within the Village of North Palm Beach33 and the marina located at Anchorage Park are maintained, 34 operated and improved to provide the safest, most efficient, 35 economical and environmentally-sound water transportation36 route in the village and to provide sound use of village37 waterways that serve business, commercial fisheries and38 recreation. 39 40 2) The board shall identify, analyze, address and publicize issues41 that affect the village waterways, village citizens and users. 42 43 3) The board shall endeavor to build a growing community of44 support through education of its members, prospective members, 45 community groups and relevant government officials. 46 47 4) The board shall make recommendations to the village council48 as to recommended improvements and establishment of policies. 49 Page 8 of 21 Sec. 5-106. Removal. 1 2 If a member of the waterways board or a designated alternate of the board3 is absent from three (3) regularly-scheduled meetings of the board within any4 twelve (12) consecutive month period without such absence being excused by5 majority vote of the board, the chairman shall promptly notify the village council. 6 The council may thereafter declare the member's office vacant and promptly fill7 such vacancy for the unexpired term of office. 8 9 Section 5. The Village Council hereby amends Article II, “Minimum Construction10 Standards,” of Chapter 6, “Buildings and Building Regulations,” of the Village Code of11 Ordinances by deleting Section 6-18 in its entirety (deleted language stricken through): 12 13 Sec. 6-18. Construction board of adjustment and appeals. 14 15 a) Appointment. There is hereby established a construction board of16 adjustment and appeals, which shall consist of seven (7) members17 and two (2) alternate members appointed by the village council. 18 19 b) Membership. To the extent possible, the board's membership shall20 be composed of individuals with knowledge and experience in the21 technical codes and shall include an architect, an engineer, a22 general contractor, an electrical contractor, an HVAC contractor, a23 plumbing contractor, and any other licensed contractor category. 24 25 c) Terms. The term of office of the board members shall be three (3) 26 years. The alternate members, if appointed, shall serve one-year terms. 27 28 d) Quorum and voting. A simple majority of the board shall constitute29 a quorum. Notwithstanding the foregoing, any variance to the30 building code requirements shall require three (3) affirmative votes31 and any modification to the decision of the building official shall32 require four (4) affirmative votes. 33 34 e) Secretary to the board. The building official or the building35 official's designee shall act as secretary to the board. 36 37 f) Powers. The board shall have the power to hear appeals of38 decisions and interpretations of the building official and consider39 variances to the building code. 40 41 1) Appeals. The owner of a building, structure or service42 system, or the owner's duly authorized agent, may appeal a43 decision of the building official to the board whenever any44 one of the following conditions are claimed to exist: 45 46 a. The building official rejected or refused to approve47 the mode or manner of construction proposed to be48 followed or materials to be used in the installation49 or alteration of a building, structure or service system; 50 51 b. The provisions of the building code do not apply to52 a specific case; 53 Page 9 of 21 c. An equally good or more desirable form of1 installation can be employed in a specific case; or2 3 d. The true intent and meaning of the building code4 have been misconstrued or incorrectly interpreted. 5 6 A notice of appeal shall be filed in writing with the7 community development department within thirty (30) 8 calendar days after the building official renders his or her9 decision. If the appeal involves a building, structure or service10 system that, in the opinion of the building official, is unsafe, 11 unsanitary or dangerous, the building official may shorten the12 time in which an appeal may be filed. In no event shall such13 appeal period be less than five (5) calendar days. 14 15 2) Variances. The board shall have the power to vary the16 application of the building code to any particular case if the board17 determines that the enforcement thereof would do manifest injustice18 and would be contrary to the spirit and purpose of the building19 code, and also finds that each of the following criteria are met: 20 21 a. That special conditions and circumstances exist22 which are peculiar to the building, structure or23 service system involved and which are not24 applicable to others; 25 26 b. That the special conditions and circumstances do27 not result from the action or inaction of the28 applicant; 29 30 c. That granting the variance request will not confer31 on the applicant any special privilege that is denied32 by the code to other buildings, structures or service33 system; 34 35 d. That the variance granted is the minimum variance36 that will make possible the reasonable use of the37 building, structure or service system; and38 39 e. That the grant of the variance will be in harmony40 with the general intent and purpose of the code and41 will not be detrimental to the public health, safety42 and general welfare. 43 44 In granting a variance, the board may prescribe a45 reasonable time limit within which the action for which the46 variance is required shall be commenced or completed or47 both. In addition, the board may prescribe appropriate48 conditions and safeguards in conformity with this code. 49 Violation of the conditions of a variance shall be deemed a50 violation of the building code and shall be subject to code51 enforcement proceedings. 52 53 g) Procedures. 54 Page 10 of 21 1) The board shall meet as necessary to consider appeals of1 the decisions and interpretations of the building official and2 consider variances to the building code. 3 4 2) The board's decision shall be set forth in a written order. 5 An order involving the building official's interpretation of6 the building code shall be reviewed utilizing the procedure7 set forth in F.S. § 553.775, as amended. All other orders8 entered by the board shall be appealed through the filing of9 a petition for writ of certiorari in the circuit court within10 thirty (30) days after rendition of the order. Such an appeal11 shall not be a hearing de novo, but shall be limited to12 appellate review of the record created before the board. 13 14 Section 6. The Village Council hereby amends Article II, “Golf Advisory Board,” of15 Chapter 9, “Country Club,” of the Village Code of Ordinances as follows (additional language16 underlined and deleted language stricken through): 17 18 Sec. 9-17. Composition and terms. 19 20 a) Composition. The village council shall appoint five (5) seven (7) 21 regular members and two (2) alternate members to serve on the advisory board. 22 The council shall appoint one (1) regular advisory board member from the village23 men's golf association and one (1) regular advisory board member from the24 village women's golf association, each of whom shall be golf members of the25 country club. Each association shall recommend a person to serve as its26 representative on the board; however, such recommendation shall not be binding27 on the council. If no association member wishes to serve in this capacity, the28 association members may be replaced with golf members of the country club. As29 to the remaining three (3) five (5) regular advisory board members, one (1) shall30 be a resident golf member of the country club and one (1) three (3) shall be either31 a resident or non-resident golf member of the country club. There is no32 membership or residency requirement for the third fifth regular non-association33 representative member. Each of the alternate board members shall be golf members. 34 35 b) Terms. 36 37 1) Upon initial appointment of the advisory board members, the The38 two (2) association representatives shall serve until April 30, 2009. 39 Thereafter, these members shall serve terms of one (1) year. 40 41 2) The remaining advisory board members shall serve staggered42 terms of two (2) years. Upon initial appointment of the advisory43 board members, the three (3) remaining regular members shall44 serve until April 30, 2010. Thereafter, these members shall serve45 terms of two (2) years. 46 47 3) Upon initial appointment of the advisory board members, the two48 2) alternate members shall serve until April 30, 2009. Thereafter, 49 these members shall serve terms of one (1) year. 50 Page 11 of 21 4) Any appointment to fill any vacancy of an advisory board member1 shall be for the remainder of the unexpired term. 2 3 c) Officers. At the first organizational meeting, the advisory board4 shall elect a chairperson, vice-chairperson and a secretary from among its5 members to serve until May 2009. Thereafter, officers shall be selected as6 provided in subsection 2-1(j) of this Code. 7 8 Section 7. The Village Council hereby amends Article II, “Library Board,” of Chapter 16, 9 Library,” of the Village Code of Ordinances as follows (additional language underlined and10 deleted language stricken through): 11 12 ARTICLE II. LIBRARY ADVISORY BOARD13 14 Sec. 16-16. Established. 15 16 There is hereby established a library advisory board for the village. 17 18 Sec. 16-17. Composition; appointment; term of office. 19 20 1) The library advisory board shall consist of five (5) seven (7) 21 members. and two (2) alternates who shall be appointed by the22 village council. Upon the effective date of this ordinance, the three23 3) members then serving on the board and whose term expires24 April 30, 1996, and the two (2) members then serving on the board25 and whose term expires April 30, 1997, shall continue and not be26 affected by this ordinance. Thereafter, regular The village council27 shall appoint members on an annual basis during April of each28 year to take effect the following May 1 of each year members of29 the board shall be appointed for a staggered terms of two (2) years30 as determined by the village council or until their successors have31 been appointed and qualified. 32 33 2) The two (2) alternates shall each serve one (1) year terms. 34 Alternate members of the board shall be appointed on the same day35 that regular members are appointed. Alternate members shall be36 appointed as first alternate and second alternate and shall serve in37 that order when required. 38 39 Sec. 16-18. Vacancies. 40 41 In the case of vacancy on the library board by resignation, removal or42 otherwise, the village council shall fill such vacancy for the unexpired term. 43 44 Sec. 16-19. Qualifications. 45 46 Members of the library board shall be residents of the village; however, 47 neither the mayor nor any member of the village council shall be eligible to be a48 member of the board. 49 Page 12 of 21 Sec. 16-20. Service without compensation. 1 2 No member of the library board shall receive any pay or compensation for3 any services rendered as a member of such board. 4 5 Sec. 16-2118. Organization. 6 7 The members of the library board shall, immediately after their appointment, 8 meet and organize by electing one (1) of their members as chairman and such other9 officers as the board may deem necessary. Three (3) members of the board shall10 constitute a quorum. The board may make and adopt such bylaws, rules and regulations11 for their own guidance and for the government and operation of any municipal library12 and reading room in the village as they may deem expedient, subject to the approval, 13 supervision and control of the village council and not inconsistent with law. 14 15 Sec. 16-2219. Powers and duties. 16 17 1) The board shall serve in an advisory capacity to the village council18 and make recommendations as to present and future activities, 19 planning, programs, capital improvements and facilities and other20 matters relating to the overall function and operation of the21 municipal library of the village. The board is not charged with the22 duty of ascertaining costs or method of implementation of their23 proposed plans; however, the board should consider the needs of24 all residents of the village. The board shall have the power to call25 upon the village manager, or his designee, for information and advice. 26 The board's recommendations to the village council shall be in27 writing and shall state the basis or reasons for such recommendations. 28 29 2) The board shall also perform any other duties which may be assigned30 to it by the village council and the board shall act within thirty (30) 31 days of the date of reference, unless the village council otherwise states. 32 33 Sec. 16-23. Meetings. 34 35 The board shall meet and shall schedule a regular meeting at least once per36 month. In addition, the chairman may call special meetings and special meetings37 may be called by written notice signed by at least three (3) members of the board. 38 Minutes shall be kept of all meetings. Notice of all meetings shall be posted in39 accordance with the procedures established by the village council. All meetings40 shall be open to the public. The board shall enact or adopt rules for the conduct of41 its meeting. All members shall be apprised of the applicability of the "Sunshine42 Law" to the board and its members. 43 44 Sec. 16-24. Removal from office. 45 46 If a member of the advisory board or a designated alternate of the board is47 absent from three (3) regularly-scheduled meetings of the board within any twelve48 12) consecutive month period without such absence being excused by majority49 vote of the board, the chairman of the board shall promptly notify the village50 council. The council may thereafter declare the member's office vacant and51 promptly fill such vacancy for the unexpired term of office. 52 Page 13 of 21 Section 8. The Village Council hereby amends Article VII, “Business Advisory Board,” of1 Chapter 17, “Licenses and Miscellaneous Business Regulations,” of the Village Code of Ordinances2 as follows (additional language underlined and deleted language stricken through): 3 4 Sec. 17-71. Created. 5 6 A business advisory board (hereinafter referred to as board) is hereby created. 7 8 Sec. 17-72. Composition; terms; vacancies. 9 10 a) Composition. The board shall be appointed by the village council11 and shall consist of five (5) seven (7) members and two (2) 12 alternate members. The board members shall be comprised13 primarily of owners or operators of store-front businesses along the14 village's main commercial corridors, namely, Northlake Boulevard, 15 U.S. Highway One and Alternate A1A. Members shall not be required16 to be residents of the village and shall, to the extent practicable, 17 consist of: a representative from a retail business, a professional18 services business and a personal services business; a commercial19 realtor or business broker; and a commercial property owner. 20 21 b) Initial terms. The initial appointments to the board shall take effect upon22 the effective date of this article with the terms of the members expiring23 as follows: (1) The terms of two (2) members shall expire on April 30, 2015; 24 2) The terms of two (2) members shall expire on April 30, 2014; and25 3) The term of one (1) member shall expire on April 30, 2013. 26 27 c) Subsequent terms Terms. Upon expiration of the terms set forth above, 28 each subsequent appointment to the board shall be for a term of three29 3) years. (d) Alternate members. Alternate members shall serve for a30 term of one (1) year, with the initial term expiring on April 30, 2013. 31 Alternate members shall be appointed as first alternate and second32 alternate, and shall serve on the board in that order in the event a33 regular member is absent The village council shall appoint members34 on an annual basis during April of each year to take effect the35 following May 1 of each year for staggered terms of three (3) years36 as determined by the village council. 37 38 Sec. 17-73. Organization. 39 40 At the first organizational meeting of the board, the members shall elect a41 chairman and vice chairman from among the regular members. Subsequent to the42 initial organization meeting, the board shall appoint a chairman and vice chairman43 from among its members at the first regular meeting in May of each year. 44 45 Sec. 17-74 73. Mission; duties. 46 47 a) Mission. The board shall serve in an advisory capacity to the village council, 48 and its mission shall be to promote business development and to support and49 sustain existing businesses within the village by identifying business50 opportunities and acting as a liaison between the owners of businesses within51 the village and the village council. 52 Page 14 of 21 b) Duties. The board's duties shall consist of the following: 1 2 1) Advise the village council as to recommended improvements3 to, and the establishment of, village policies and procedures4 impacting the business community; 5 6 2) Review and recommend appropriate communication strategies7 to disseminate village information to the business community; 8 9 3) Solicit and facilitate business input in matters of significance10 to the village; 11 12 4) Endeavor to build an expanding community of support13 through education of its members, prospective members, 14 community groups and government officials; 15 16 5) Advise the village council and village administration on17 business development opportunities within the village; 18 19 6) Identify, analyze and address legislative issues that may20 impact the business community; and21 22 7) Any additional duties as may be assigned by the village council. 23 24 Section 9. The Village Council hereby amends Article III, “Recreation Advisory Board,” of25 Chapter 20, “Parks, Playgrounds and Recreation,” of the Village Code of Ordinances as follows26 additional language underlined and deleted language stricken through): 27 28 Sec. 20-61. Created. 29 30 A recreation advisory board (hereinafter referred to as board) for the village31 is hereby created. 32 33 Sec. 20-62. Composition; terms; vacancies. 34 35 a) Composition. The board shall be appointed by the village council36 and shall consist of five (5) seven (7) members and two (2) 37 alternates who shall be residents of the village. 38 39 b) Terms. The initial appointments to the five (5) member board shall40 take effect upon the effective date of this article with the respective41 terms expiring as follows: (1) The terms of two (2) members shall42 expire on May 1, 1992. (2) The terms of three (3) members shall43 expire on May 1, 1993 The village council shall appoint members44 on an annual basis during April of each year to take effect the45 following May 1 of each year for staggered terms of two (2) years46 as determined by the village council. 47 48 c) Subsequent terms. Upon expiration of the terms set forth above, 49 each appointment shall be for two-year terms. Appointments shall50 hereafter be made by resolutions of the village council. 51 Page 15 of 21 d) Vacancies. An appointment to fill any vacancy shall be for the1 remainder of the unexpired term of office. 2 3 e) Alternates. The two (2) alternates shall each serve one (1) year4 terms. Alternate members of the board shall be appointed on the5 same day that regular members are appointed. Alternate members6 shall be appointed as first alternate and second alternate and shall7 serve in that order when required. 8 9 Sec. 20-63. Removal. 10 11 If a member of the advisory board or a designated alternate of the board is12 absent from three (3) regularly-scheduled meetings of the board within any twelve13 12) consecutive month period without such absence being excused by majority14 vote of the board, the chairman of the board shall promptly notify the village15 council. The council may thereafter declare the member's office vacant and16 promptly fill such vacancy for the unexpired term of office. 17 18 Sec. 20-64. Officers' quorum; compensation. 19 20 At the first organizational meeting of the board, the members shall elect a21 chairman, vice president and secretary from among its members. Subsequent to22 the initial organizational meeting where officers are elected, the members shall23 elect the officers from among its members at the first regular meeting in May of24 each year. The presence of three (3) members shall constitute a quorum and25 motions shall be approved by a majorit y of members present. The members shall26 serve without compensation. 27 28 Sec. 20-65. Meetings. 29 30 The board shall meet and shall schedule a regular meeting at least once per31 month. In addition, the chairman may call special meetings and special meetings32 may be called by written notice signed by at least three (3) members of the board. 33 Minutes shall be kept of all meetings. Notice of all meetings shall be posted in34 accordance with the procedures established by the village council. All meetings35 shall be open to the public. The board shall enact or adopt rules for the conduct of36 its meeting. All members shall be apprised of the applicability of the "Sunshine37 Law" to the board and its members. 38 39 Sec. 20-66 63. Duties. 40 41 a) The board shall serve in an advisory capacity to the village council42 and make recommendations as to present and future recreation43 activities, planning, recreation programs, capital improvements and44 facilities and other matters relating to the overall recreational activity45 of the village other than its waterways. The board is not charged with46 the duty of ascertaining costs or method of implementation of their47 proposed plans; however, the board should consider the needs of all48 residents of the village. The board shall have the power to call upon49 the village manager, or his designee, for information and advice. 50 The board's recommendations to the village council shall be in writing51 and shall state the basis or reasons for such recommendations. 52 Page 16 of 21 b) The board shall also perform any other duties which may be assigned1 to it by the village council and the board shall act within thirty (30) 2 days of the date of reference, unless the village council otherwise states. 3 4 Section 10. The Village Council hereby amends Article II, “Planning Commission,” of5 Chapter 21, “Planning and Development,” of the Village Code of Ordinances as follows6 additional language underlined and deleted language stricken through): 7 8 Sec. 21-11. - Composition; conduct generally. 9 10 a) Created. A planning commission for the village is hereby created. 11 12 b) Membership; terms. 13 14 1) Terms; vacancies; alternate members. The planning15 commission shall consist of five (5) seven (7) members16 who shall serve for two-year terms. The village council17 shall appoint members on an annual basis during April of18 each year to take effect the following May 1 of each year19 for staggered terms of two (2) years as determined by the20 village council. and two (2) alternates who shall serve for21 one-year terms. At the first appointment of members to the22 planning commission, three (3) regular members shall be23 appointed for a term of two (2) years, two (2) regular24 members shall be appointed for a term of one (1) year, and25 thereafter each appointment shall be for two-year terms. All26 terms shall take effect on the first day of May of each year. 27 Alternate members of the commission shall be appointed28 on the same day that regular members are appointed. The29 planning commission shall consist of one (1) land use30 planner or architect, one (1) architect, one (1) civil31 engineer, one (1) person engaged in business within the32 corporate limits of the village, and a fifth three (3) 33 members who need not be engaged in any particular34 business or profession. All vacancies on the planning35 commission shall be filled within thirty (30) days so as to36 maintain the composition of the commission as set forth37 above. Alternate members of the planning commission38 shall be appointed as first alternate and second alternate39 and shall serve in that order when necess ary. The members40 shall serve at the pleasure of the village council. 41 42 2) Chairman; quorum; compensation. The members of the43 planning commission shall elect a chairman from among its44 members. The presence of three (3) or more members shall45 constitute a quorum of the planning commission. The46 members shall serve without compensation. 47 48 c) Meetings. The planning commission shall meet at least once each49 month on a date to be determined by the planning commission. 50 51 d) Powers, duties. The planning commission shall have the following52 powers and duties: 53 Page 17 of 21 1) Perform any duties which lawfully may be assigned to it by1 the village council. 2 3 2) Perform any other duties which may be assigned to it under4 this Code. 5 6 3) The planning commission of the village is hereby designated7 as the governmental entity to act as the "local planning agency" 8 in accordance with chapter 163, Florida Statutes. 9 10 4) The planning commission shall serve as the village’s board11 of adjustment to consider variances and administrative appeals. 12 13 e) Removal. If a member of the advisory board or a designated alternate14 of the board is absent from three (3) regularly-scheduled meetings15 of the board within any twelve (12) consecutive month period16 without such absence being excused by majority vote of the board, 17 the chairman of the board shall promptly notify the village council. 18 The council may thereafter declare the member's office vacant and19 promptly fill such vacancy for the unexpired term of office. 20 21 Section 11. The Village Council hereby amends Article III, “Board of Adjustment,” of22 Chapter 21, “Planning and Development,” of the Village Code of Ordinances as follows23 additional language underlined and deleted language stricken through): 24 25 Sec. 21-21. Composition; conduct generally. 26 27 a) Created. A board of adjustment for the village is hereby created. 28 29 b) Membership; terms; alternates; compensation. The members of30 the planning commission shall serve as the board of adjustment31 shall consist of five (5) persons who shall serve for three-year terms32 and two (2) alternates who shall serve for one-year terms. At the first33 appointment of members to the board of adjustment, two (2) regular34 members shall be appointed for a term of three (3) years, two (2) 35 regular members shall be appointed for a term of two (2) years, and36 one (1) regular member shall be appointed for a term of one (1) year. 37 Thereafter, each appointment shall be for a three-year term. All terms38 shall take effect on the first day of May of each year. Alternate39 members of the board of adjustment shall be appointed on the same40 day that regular members are appointed. Alternate members of the41 board of adjustment shall be appointed as first alternate and second42 alternate and shall serve in that order when necessary. The members43 shall serve at the pleasure of the village council. Members shall serve44 without compensation. The board of adjustment shall meet as often as45 the demand necessitates. 46 47 c) Powers, duties. The board of adjustment shall have the following48 powers and duties: 49 Page 18 of 21 1) Appeals. To hear and decide appeals when it is alleged that1 there is error in any order, requirement, decision or2 determination made by an administrative official in the3 enforcement of any zoning ordinance or land development4 regulation adopted pursuant to this part. 5 6 2) Variances: 7 8 a. To authorize upon appeal such variances from the9 terms of the ordinance this code as will not be contrary10 to the public interest when, owing to special conditions, 11 a literal enforcement of the provisions of the ordinance12 would result in unnecessary and undue hardship. In13 order to authorize any variance from the terms of the14 ordinance, the board of adjustment must find: 15 16 1. That special conditions and circumstances17 exist which are peculiar to the land, structure or18 building involved and which are not applicable19 to other lands, structures or buildings in the20 same zoning district; 21 22 2. That the special conditions and circumstances23 do not result from the actions of the applicant; 24 25 3. That granting the variance requested will not26 confer on the applicant any special privilege27 that is denied by the ordinance to other lands, 28 buildings or structures in the same zoning district; 29 30 4. That literal interpretation of the provisions of the31 subject ordinance would deprive the applicant of32 rights commonly enjoyed by other properties in33 the same zoning district under the terms of the34 ordinance and would work unnecessary and35 undue hardship on the applicant; 36 37 5. That the variance granted is the minimum38 variance that will make possible the reasonable39 use of the land, building or structure; 40 41 6. That the grant of the variance will be in42 harmony with the general intent and purpose43 of the ordinance and that such variance will44 not be injurious to the area involved or45 otherwise detrimental to the public welfare. 46 47 b. In granting any variance, the board of adjustment may48 prescribe appropriate conditions and safeguards in49 conformity with this part [chapter] and any ordinance50 enacted under its authority code. Violation of such51 conditions and safeguards, when made a part of the52 terms under which the variance is granted, shall be53 deemed a violation of the ordinance this code. 54 Page 19 of 21 c. The board of adjustment may prescribe a reasonable1 time limit within which the action for which the2 variance is required shall begin or be begun or3 completed or both. 4 5 d. Under no circumstances, except as permitted above, 6 shall the board of adjustment grant a variance to7 permit a use not generally permitted in the zoning8 district involved or any use expressly or by9 implication prohibited by the terms of the ordinance10 in the zoning district. No nonconforming use of11 neighboring lands, structures or buildings in the same12 zoning district and no permitted use of lands, 13 structures or buildings in other zoning districts shall be14 considered grounds for the authorization of a variance. 15 16 e. The concurring vote of a majority of all members of17 the board shall be necessary to grant a variance18 pursuant to this section. 19 20 d) Review of administrative orders. In exercising its powers, the board21 of adjustment may, upon appeal and in conformity with provisions of22 this [chapter], reverse or affirm, wholly or partly, or may modify23 the order, requirement, decision or determination made by an24 administrative official in the enforcement of any zoning ordinance or25 regulation adopted pursuant to this part, and may make any necessary26 order, requirement, decision or determination, and to that end shall27 have all the powers of the officer from whom the appeal is taken. The28 concurring vote of a majority of all the members of the board shall be29 necessary to reverse any order, requirement, decision or determination30 of any such administrative official or to decide in favor of the applicant31 on any matter upon which the board is required to pass under any32 such ordinance. 33 34 e) Appeals to board from decision of administrative official. Appeals to35 the board of adjustment may be taken by any person aggrieved or by36 any officer, board or bureau of the governing body affected by any37 decision of an administrative official under any zoning ordinance38 enacted pursuant to this part. Such appeal shall be taken within39 thirty (30) days after rendition of the order, requirement, decision or40 determination appealed from by filing with the officer from whom the41 appeal is taken and with the board of adjustment a notice of appeal42 specifying the grounds thereof. The appeal shall be in the form43 prescribed by the rules of the board. The administrative official44 from whom the appeal is taken shall, upon notification of the filing of45 the appeal, forthwith transmit to the board of adjustment all the46 documents, plans, papers or other materials constituting the record47 upon which the action appealed from was taken. 48 Page 20 of 21 f) Stay of work and proceedings on appeal. An appeal to the board of1 adjustment stays all work on the premises and all proceedings in2 furtherance of the action appealed from, unless the official from3 whom the appeal was taken shall certify to the board of adjustment4 that, by reason of facts stated in the certificate, a stay would cause5 imminent peril to life or property. In such case, proceedings or6 work shall not be stayed except by a restraining order which may7 be granted by the board of adjustment or by a court of record on8 application, on notice to the officer from whom the appeal is taken9 and on due cause shown. 10 11 g) Hearing of appeals. The board of adjustment shall fix a reasonable12 time for the hearing of the appeal and decide the same within a13 reasonable time. Public notice of all hearings shall be provided as14 required by section 21-3 of this Code. Upon the hearing, any party15 may appear in person, by agent or by attorney. Appellants may be16 required to assume such reasonable costs in connection with17 appeals as may be determined by the governing body through18 action in setting of fees to be charged for appeals. 19 20 h) Judicial review of decisions of board. Any person or persons, 21 jointly or severally, aggrieved by any decision of the board of22 adjustment, or any officer, department, board, commission or23 bureau of the governing body, may apply to the circuit court in the24 judicial circuit where the board of adjustment is located for judicial25 relief within thirty (30) days after rendition of the decision by the26 board of adjustment. Such an appeal shall not be a hearing de27 novo, but shall be limited to appellate review of the record created28 before the board of adjustment. 29 30 Section 12. The Village Council hereby amends Chapter 24, “Streets, Sidewalks and Public31 Places,” of the Village Code of Ordinances by adopting a new Article IV, “Environmental32 Advisory Board,” to read as follows (additional language underlined): 33 34 ARTICLE IV. ENVIRONMENTAL ADVISORY BOARD35 36 Sec. 24-61. Created. 37 38 An environmental advisory board for the village is hereby created. 39 40 Sec. 24-62. Composition; terms. 41 42 a) Composition. The board shall consist of seven (7) members. 43 44 b) Terms. The village council shall appoint members on an annual45 basis during April of each year to take effect the following May 146 for staggered terms of two (2) years as determined by the council. 47 In order to provide for staggered terms, the initial terms of four (4) 48 members may be extended by one (1) year. 49 50 Page 21 of 21 Sec. 24-63 Duties. 1 2 The board shall have the following duties and responsibilities: 3 4 1) The board shall act in an advisory capacity to the village5 council and recommend programs and activities to promote and6 conserve the village’s natural environment and enhance the7 overall appearance of the village, including, but not limited to, 8 public facilities, swales, open spaces and rights-of-way; 9 10 2) The board shall ensure that the existing and future village11 programs and public improvements are, to the fullest extent12 practicable, environmentally friendly and utilize and promote13 native, drought-tolerant plant species; 14 15 3) The board shall identify, analyze and address issues relating16 to the overall aesthetics of the village and recommend17 methods to encourage and recognize the beautification of18 privately owned commercial and residential properties; and19 20 4) Any other duty or responsibility assigned by the village council. 21 22 Section 13. The provisions of this Ordinance shall become and be made a part of the Code of23 the Village of North Palm Beach. 24 25 Section 14. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for26 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 27 such holding shall not affect the remainder of this Ordinance. 28 29 Section 15. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in30 conflict herewith are hereby repealed to the extent of such conflict. 31 32 Section 16. This Ordinance shall take effect April 1, 2019. 33 34 PLACED ON FIRST READING THIS 28TH DAY OF FEBRUARY, 2019. 35 36 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF37 2019. 38 39 Village Seal) 40 MAYOR41 42 ATTEST: 43 44 45 VILLAGE CLERK46 47 APPROVED AS TO FORM AND48 LEGAL SUFFICIENCY: 49 50 51 VILLAGE ATTORNEY52