Loading...
05-12-2022 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, MAY 12, 2022 501 U.S. HIGHWAY 1 7:00 PM Deborah Searcy David B. Norris Susan Bickel Darryl C. Aubrey Mark Mullinix Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk 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/88067139671?pwd=RjlWeDhHQkJaRHVVdkFJQWkyR09Tdz09 Meeting ID: 880 6713 9671 Passcode: 500937 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 880 6713 9671 Passcode: 500937 Regular Session Agenda, May 12, 2022 Page 2 of 3 ROLL CALL INVOCATION – Denise Behr, Chaplain for North Palm Beach Police and Fire Department PLEDGE OF ALLEGIANCE - VICE MAYOR AWARDS AND RECOGNITION 1. Proclamation - Asian American and Pacific Islander Heritage Month APPROVAL OF MINUTES 2. Minutes of Regular Session held April 28, 2022 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 2022-11 – CODE AMENDMENT – UTILITY TRAILERS PARKING REGULATIONS Consider a motion to adopt on first reading Ordinance 2022-11 amending Article III, "Stopping, Standing and Parking," of Chapter 18, "Motor Vehicles and Traffic," of the Village Code of Ordinances by amending Section 18-33, "Definitions," and Section 18-34, "Parking Restricted," to regulate the parking of utility trailers in residential zoning districts. 4. PUBLIC HEARING AND 2ND READING OF 2022-10 – CODE AMENDMENT – DEFINITION OF DWELLING UNIT Consider a motion to adopt and enact on second reading Ordinance 2022-10 amending Article I, "In General," of Appendix C (Chapter 45) of the Village Code of Ordinances by amending Section 45-2, "Definitions," to modify the definition of the term dwelling unit. 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. 5. RESOLUTION – Approving a proposal from Brightview Golf Maintenance, Inc. for the purchase and installation of an irrigation pipe at the North Palm Beach Country Club Golf Course at a total cost of $66,268.78, authorizing execution of the Contract and waiving the Village’s purchasing policies and procedures. 6. RESOLUTION – Approving an Amendment to the Contract with Brightview Golf Maintenance, Inc. for pond repair and stabilization at the North Palm Beach Country Club Golf Course to increase the scope of the project by 250 linear feet at an additional cost of $22,469.25 bringing the total cost to $117,554; and authorizing execution of the Amendment. 7. RESOLUTION – Approving an Agreement with Thompson Consulting Services, LLC for Disaster Debris Management and Support Services; and authorizing execution of the Agreement. Regular Session Agenda, May 12, 2022 Page 3 of 3 8. RESOLUTION – Approving a proposal from M & M Asphalt Maintenance, Inc. d/b/a All County Paving for the renovation of the Osborne Park basketball court at a total cost of $29,997; authorizing execution of the Contract and authorizing a Budget Amendment to the Recreation Grant Fund to facilitate the purchase. 9. Receive for file Minutes of the General Employees Pension Board meeting held 2/1/22. 10. Receive for file Minutes of the Police & Fire Pension Board meeting held 2/8/22. 11. Receive for file Minutes of the Environmental Committee meeting held 4/11/22. 12. Receive for file Minutes of the Recreation Advisory Board meeting held 4/12/22. 13. Receive for file Minutes of the Business Advisory Board meeting held 4/19/22. OTHER VILLAGE BUSINESS MATTERS 14. RESOLUTION – STORMWATER MASTER PLAN MODELING AND DESIGN IMPLEMENTATION SERVICES Consider a motion to adopt a resolution approving a Consulting Services Contract with Hazen and Sawyer, P.C. for Stormwater Master Plan Modeling and Design Implementation Services at a total cost not to exceed $187,980; and authorizing execution of the Contract. 15. RESOLUTION – INTERLOCAL AGREEMENT FOR SUMMER CAMP SERVICES Approving an Interlocal Agreement with the Town of Lake Park pertaining to the Village's Summer Camp Program; and authorizing execution of the Agreement. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS 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 APRIL 28, 2022 Present: Deborah Searcy, Mayor David B. Norris, Vice Mayor Susan Bickel, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Mark Mullinix, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Searcy announced that it was International Holocaust Remembrance Day and that she invited Rabbi Leib Ezagui from the Jewish Community Synagogue to give the invocation. Rabbi Ezagui gave the invocation and Vice Mayor Norris led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held April 14, 2022 were approved as written. AWARDS AND RECOGNITION Mayor Searcy presented a Proclamation for Municipal Clerks Week to Village Clerk Jessica Green. STATEMENTS FROM THE PUBLIC These residents addressed the Council with their concerns regarding the proposed 200 Yacht Club Drive Planned Unit Development: Deborah Cross, 2560 Pepperwood Circle S William Rose, 36 Yacht Club Drive Carolyn Liss, 52 Yacht Club Drive Frank Rendulic, 36 Yacht Club Drive Anthony Sacco, 45 Yacht Club Drive Jean Smith, 28 Yacht Club Drive Bob Starkie, 36 Yacht Club Drive Donna Harshaw, 143 Yacht Club Drive Pat Kelley, 37 Yacht Club Drive Nikki Colangelo, 45 Yacht Club Drive Susan Hoff, 907 Marina Drive, #301 Draft Minutes of Village Council Meeting held April 28, 2022 Page 2 of 7 STATEMENTS FROM THE PUBLIC continued Deborah Cross, 2560 Pepperwood Circle S, recommended trees, vegetation and better drainage along U.S. Highway 1 when it is redesigned to be more pedestrian friendly. Kathie and Mike Kainec, 916 Evergreen Drive, expressed their concerns regarding a fencing issue that they have had with their neighbor. INTERVIEWS OF ADVISORY BOARD APPLICANTS The following persons were interviewed by the Village Council: Brian Bartels Kathleen Porter Valerie Hannah Megan Sease Lauren Hopkins Michael Weild Karen O’Connell RESOLUTION 2022-30 – APPOINTING MEMBERS TO VILLAGE BOARDS By written ballots, the originals of which are attached to the minutes of record, the Council appointed members to Village boards, as follows: Environmental Committee: Lisa Interlandi, Karen Marcus and Kendra Zellner. Golf Advisory Board: Sandra Felis, Rich Pizzolato and Orlando Puyol. Library Advisory Board: Tina Chippas, Carolyn Kost and Leslie Metz. Planning Commission: Tom Hogarth and Nathan Kennedy. Recreation Advisory Board: Rita Budnyk and Stephen Heiman. Waterways Board: Paul Bartlett, Bruce Crawford, Bill Hipple and Jerry Sullivan. The Council reappointed members to Village Boards as follows: Audit Committee: Tom Andres, Tom Magill, Suzanne Mehregan and David Talley. Thereafter, the names of those appointed and reappointed were entered into Resolution 2022-30. A motion was made by Councilmember Aubrey and seconded by Vice Mayor Norris to adopt Resolution 2022-30 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE, ENVIRONMENTAL COMMITTEE, GOLF ADVISORY BOARD, LIBRARY ADVISORY BOARD, PLANNING COMMISSION, RECREATION ADVISORY BOARD, WATERWAYS BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Discussion ensued between Councilmembers regarding the Advisory Board appointment process and the necessity to review and consider making changes to the process. Mr. Lukasik stated that staff would come back to Council with different strategies to change the Advisory Board Appointment process. Draft Minutes of the Village Council Regular Session held April 28, 2022 Page 3 of 7 RESOLUTION 2022-30 – APPOINTING MEMBERS TO VILLAGE BOARDS continued Mayor Searcy thanked those who currently serve on Village Boards and those who volunteered to serve. Thereafter, the motion to adopt Resolution 2022-30 passed unanimously. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS ORDINANCE 2022-10 CODE AMENDMENT – DEFINITION OF DWELLING UNIT A motion was made by Councilmember Aubrey and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2022-10 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45-2, “DEFINITIONS,” TO MODIFY THE DEFINITION OF THE TERM DWELLING UNIT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. These residents expressed their support of adopting Ordinance 2022-10 Code Amendment – Definition of Dwelling Unit: Nikki Colangelo, 45 Yacht Club Drive Pat Kelley, 37 Yacht Club Drive Deborah Cross, 2560 Pepperwood Circle S Thereafter the motion to adopt Ordinance 2022-10 on first reading passed unanimously. ORDINANCE 2022-08 GENERAL FUND BUDGET AMENDMENT A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to adopt and enact on second reading Ordinance 2022-08 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2022 TO CLASSIFY THE TOTAL AMOUNT FINANCED FOR VILLAGE VEHICLES AS CAPITAL OUTLAY AND TO TRANSFER NET INCOME FROM THE GENERAL FUND UNASSIGNED FUND BALANCE TO THE CAPITAL IMPROVEMENT PLAN FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the purpose of the ordinance was to approve a budget amendment for approved vehicle financing agreements and the use of NET income in the General Fund for capital improvements. The budget amendment would record the lease agreements as capital outlay and would solidify the direction of Council to use NET income from Fiscal Year 2021 and bring it into the current Fiscal Year to use for certain capital improvements. Mayor Searcy opened the public hearing. There being no comments from the public, Mayor Searcy closed the public hearing. Draft Minutes of the Village Council Regular Session held April 28, 2022 Page 4 of 7 ORDINANCE 2022-08 GENERAL FUND BUDGET AMENDMENT continued Thereafter the motion to adopt and enact Ordinance 2022-08 on second reading passed unanimously. ORDINANCE 2022-09 CODE AMENDMENT – RESIDENTIAL ZONING REGULATIONS A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2022-09 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IMPLEMENTING THE RECOMMENDATIONS OF THE AD HOC COMMITTEE; AMENDING ARTICLE V, “STORMWATER MANAGEMENT,” OF CHAPTER 21, “PLANNING AND DEVELOPMENT,” BY AMENDING SECTION 21-67, “POST DEVELOPMENT RUNOFF RATES, VOLUMES AND POLLUTANT LOADS,” TO IMPOSE SPECIFIC REQUIREMENTS APPLICABLE TO POSTDEVELOPMENT RUNOF F AND AMENDING SECTION 21-70, “WATER QUALITY,” TO PROVIDE STANDARDS FOR CONSTRUCTION SITE RUNOFF; AMENDING ARTICLE I, “IN GENERAL,” AND ARTICLE III, “DISTRICT REGULATIONS,” OF APPENDIX C (CHAPTER 45) BY AMENDING SECTION 45-2, “DEFINITIONS,” TO DEFINE THE TERMS AVERAGE ELEVATION AND LANDSCAPED AREA AND SECTION 45-27, “R-1 SINGLE-FAMILY DWELLING DISTRICT,” TO REGULATE THE HEIGHT OF TWO-STORY STRUCTURES, REQUIRE A MINIMUM LANDSCAPED AREA, AND LIMIT THE WIDTH OF DRIVEWAYS IN SWALE AREAS; EXTENDING THE ZONING IN PROGRESS RELATING TO SECOND- STORY FLOOR AREA FOR AN ADDITIONAL SIX MONTHS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Community Development Director Jeremy Hubsch stated that the ordinance was passed on first reading with revisions. The revisions have been made and staff was recommending an additional revision of striking Section 21-67 “Postdevelopment runoff rates, volumes and pollutant loads” from the ordinance. The section would be revisited by the Ad Hoc Residential Code Committee during phase two of revisions to the code. Mr. Hubsch discussed and explained all of the revisions that were made to the ordinance. Discussion ensued between Council, Attorney Rubin and Mr. Hubsch regarding the proposed additional revisions to the ordinance. Thereafter the motion to adopt and enact on second reading Ordinance 2022-09 as amended passed unanimously. CONSENT AGENDA APPROVED Councilmember Mullinix moved to approve the Consent Agenda. President Pro Tem Bickel seconded the motion, which passed unanimously. The following items were approved with all present voting aye: Resolution approving an Interlocal Agreement with Palm Beach County for the use of grant funds for Emergency Medical Services Equipment at a total cost of $3,702.50; and authorizing execution of the Agreement. Resolution declaring eight Kubota Solid Waste Collection vehicles as surplus property and authorizing their disposal. Draft Minutes of the Village Council Regular Session held April 28, 2022 Page 5 of 7 CONSENT AGENDA APPROVED continued Resolution approving a proposal from Engenuity Group, Inc. for professional engineering services associated for development of two conceptual designs for the reconstruction of the Lighthouse Drive Bridge at a total cost of $91,288; authorizing execution of all required document; and authorizing a budget amendment to fund the purchase. Receive for file Minutes of the Golf Advisory Board meeting held 3/21/22. MOTION – Appointment of Auditor Selection Committee and appointment of member of Village Council to serve on and Chair the Auditor Selection Committee. A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to appoint the Audit Committee as Auditor Selection Committee and to appoint Councilmember Aubrey to serve on and Chair the Auditor Selection Committee. Thereafter the motion passed unanimously. RESOLUTION 2022-34 – VILLAGE HALL CHILLER PURCHASE A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to adopt Resolution 2022-34 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF A NEW CHILLER AND AIR HANDLER FROM CARRIER CORPORATION FOR VILLAGE HALL PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SOURCEWELL COOPERATIVE PURCHASING AGREEMENT; APPROVING A BUDGET AMENDMENT TO TRANSFER $203,868 FROM THE CAPITAL RESERVE ACCOUNT TO THE VILLAGE HALL – MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Assistant Public Works Director Chad Girard explained that the current chiller at Village Hall was ten (10) years old and at the end of its life. Staff was recommending the purchase of a new chiller and air handler from Carrier Corporation. The chiller would come with a ten (10) year parts and labor warranty. Councilmember Mullinix asked if there were any other bids or proposals for the new chiller. Mr. Girard stated that they received a quote from Ford Mechanical that came to within $1000 of the Carrier proposal but it did not come with a piggyback contract option or a ten (10) year warranty. Councilmember Mullinix requested that other quotes be included in the agenda items so that comparisons in costs could be reviewed and considered. Thereafter, the motion to adopt Resolution 2022-34 passed unanimously. Draft Minutes of the Village Council Regular Session held April 28, 2022 Page 6 of 7 RESOLUTION 2022-35 – ANCHORAGE PARK PLAYGROUND EQUIPMENT REPLACEMENT A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt Resolution 2022-35 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A PROPOSAL FROM ADVANCED RECREATIONAL CONCEPTS, LLC FOR THE PURCHASE OF NEW PLAYGROUND EQUIPMENT FOR ANCHORAGE PARK AND APPROVING A PROPOSAL FROM PLAY SPACE SERVICES, INC. FOR THE REMOVAL AND DISPOSAL OF THE EXISTING EQUIPMENT AND THE INSTALLATION OF NEW EQUIPMENT PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CLAY COUNTY CONTRACT; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE CONTRACTS FOR SUCH SERVICES; APPROVING A BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE CAPITAL IMPROVEMENT FUND TO FACILITATE THE PURCHASE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Director of Leisure Services Zak Sherman discussed and explained the proposed plans and design of the new Anchorage Park playground. Mr. Sherman showed renderings of the proposed playground for Council’s viewing. Mr. Sherman explained the different features of the proposed playground. Mr. Sherman explained that the Village was approved for a $400,000 State of Florida Departmental Protection Land and Water Conservation Fund Grant for the playground replacement. The grant required a one-to-one match of $200,000. Through the use of FY 2021 Net Income to the Capital Projects Fund, the Village’s contribution would be increased and the total project budget would be increased to $450,000 which would provide a playground with greater shade and amenities. Deborah Cross, 2560 Pepperwood Circle S, expressed her concerns and asked for clarification regarding the installation of the playground. Stephen Poh, Superintendent of Parks and Recreation stated that any damages to the park during installation would be covered. Discussion ensued between Council and staff regarding the timing of installation for the playground. Thereafter, the motion to adopt Resolution 2022-35 passed unanimously. Mayor Searcy distributed to Council a survey that was given to residents that asked “What do you love best about living in North Palm Beach”? Mayor Searcy stated th at some of the most loved items that came out of the survey were safety, small town and community. DISCUSSION – Strategic Priorities for Fiscal Year 2023 Mr. Lukasik began a discussion regarding Strategic Priorities for Fiscal Year 2023. Mr. Lukasik stated that there were fifty-one (51) strategic initiatives in the handout that was provided to Council that needed to be reviewed and prioritized. The initiatives were color coded according the Council’s priority level. Draft Minutes of the Village Council Regular Session held April 28, 2022 Page 7 of 7 DISCUSSION – Strategic Priorities for Fiscal Year 2023 continued Discussion ensued between Mr. Lukasik and Council regarding the prioritization of the initiatives on the list and the addition of new initiatives. Mr. Lukasik stated that Council could take the handout and prioritize each initiative by changing its color code and return to him when completed. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Aubrey expressed his concerns that there had not been any updates to procedures for condominium inspections from the county or state. Councilmember Aubrey asked if staff could bring back an update. Mr. Lukasik stated that Building Official Wayne Cameron has been engaged with the county on the issue. The county committee that was working on the ordinance has reconvened and Mr. Cameron was working with the committee again and anticipated that there would be an update to bring to Council within the next three weeks. President Pro Tem Bickel invited everyone to Farmers Table on May 9th at 7:30 p.m. to hear the North Palm Beach Symphony Orchestra concert. Mayor Searcy announced that Arbor Day would be celebrated at the Village Community Garden on April 29th at 6 p.m. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:26 p.m. Jessica Green, MMC, Village Clerk Page 1 of 2 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: May 12, 2022 SUBJECT: ORDINANCE 1st Reading – Amending Chapter 18 of the Village Code of Ordinances to regulate the parking of utility trailers in residential zoning districts. At the Village Council’s direction, Staff has drafted an Ordinance regulating the parking of utility trailers within the Village’s residential zoning districts. The proposed Ordinance amends Chapter 18 by amending Section 18-33, “Definitions,” to define the term utility trailer and by amending Section 18-34, “Parking Restricted,” to add a new subsection (g) outlining the terms and conditions under which utility trailers may be stored on residential property. Specifically, the Ordinance provides as follows: A. Defines the term utility trailer as “an enclosed or open trailer intended to be towed by a motorized vehicle in order to transport cargo and/or provide a product or service at a remote location.” B. Requires that utility trailers within a residential zoning district be stored within a fully enclosed garage or within the rear or side yard of a residential lot within the R-1 or R-2 zoning district subject to the following additional requirements:  The utility trailer shall be visually screened from abutting properties and alleyways in the form of a wall, fence or gate or a hedge or other living vegetation, each with a minimum opacity of ninety percent. The use of chain link fencing with windscreens is prohibited, and trailers are not required to be screened from the right-of-way providing access to the rear or side yard if such equipment is located behind a gate at least six (6) feet in height and no more than twenty (20) feet high.  Only one utility trailer may be stored on a lot, and the height of the trailer is limited to ten (10) feet, exclusive of fixed mechanical equipment.  Utility trailers are not permitted within the parking area or common area of any multi-family or mixed-use residential community unless specifically approved through the site plan and appearance review process.  The utility trailer must be owned or exclusively used by the resident of the property.  Utility trailers shall not extend beyond the front building line and utility trailers parked in the rear yard shall be located at least five feet from the property line. Page 2 of 2  The trailer shall be currently registered and licensed (with a plate and registration sticker) and shall not be used for living or sleeping quarters or for the storage of household goods or personal property unrelated to the use of the utility trailer for commercial purposes. C. A resident who demonstrates that he or she cannot meet the screening or setback requirements for the parking a utility trailer on a lot within the R-1 or R-2 residential zoning districts may apply for an exemption provided that the resident:  Stored the utility trailer on the property on or before March 24, 2022; and  The utility trailer is necessary for the commercial livelihood of the resident. The application shall be filed with the Community Development Department and all exemption requests shall be considered by the Planning Commission. The exemption shall not run with the property and a change in occupancy shall terminate the approval. There is no fiscal impact. The proposed Ordinance has been drafted by this office and reviewed for legal sufficiency. Recommendation: Village Staff recommends Council consideration on first reading of the attached Ordinance regulating the parking of utility trailers in residential zoning district s in accordance with Village policies and procedures. Page 1 of 5 ORDINANCE NO. 2022-____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM EACH, FLORIDA, AMENDING ARTICLE III, “STOPPING, STANDING 4 AND PARKING,” OF CHAPTER 18, “MOTOR VEHICLES AND TRAFFIC,” OF 5 THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-33, 6 “DEFINITIONS,” AND SECTION 18-34, “PARKING RESTRICTED,” TO 7 REGULATE THE PARKING OF UTILITY TRAILERS IN RESIDENTIAL ZONING 8 DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR 9 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the Village of North Palm Beach, as a duly organized Florida municipality, 13 possesses the Home Rule Authority conferred upon it by the Florida Constitution and Chapter 166, 14 Florida Statutes, including the regulation of parking within its corporate limits; and 15 16 WHEREAS, the Village Council wishes to amend Article III, “Stopping, Standing and 17 Parking,” of Chapter 18, “Motor Vehicles and Traffic,” of the Village Code of Ordinance to regulate 18 the parking of commercial utility trailers in residential districts; and 19 20 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best 21 interests of the residents of the Village of North Palm Beach. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 24 NORTH PALM BEACH, FLORIDA as follows: 25 26 Section 1. The foregoing “Whereas” clauses are hereby ratified as true and correct and are 27 incorporated herein. 28 29 Section 2. The Village Council hereby amends Chapter 18, “Motor Vehicles and Traffic,” of the 30 Village Code of Ordinances by amending Article III, “Stopping, Standing and Parking,” to read as 31 follows (additional language is underlined and deleted language is stricken through): 32 33 ARTICLE III. - STOPPING, STANDING AND PARKING 34 35 Sec. 18-33. Definitions. 36 37 For the purposes of this article, whenever the following words or terms are 38 used herein they shall have the meanings ascribed to them in this section, except 39 where the context requires otherwise: 40 41 Boat means any vessel, with or without motor propulsion, commonly used 42 for private recreation activities, designed for travel over water, and for which a trailer 43 is required fo r transportation over land. The definition of boat shall specifically 44 include a personal watercraft as defined by state statute and shall specifically exclude 45 those vessels not required to be titled with the state pursuant to state statute. 46 47 Page 2 of 5 Recreational vehicle means any vehicle or portable structure designed 1 primarily to provide temporary living quarters for recreation, camping or travel use, 2 other than a light van; either a vehicular structure mounted on wheels, self -powered 3 or designed to be pulled by another vehicle or a structure designed to be mounted 4 upon and carried by another vehicle. 5 6 Trailer means a vehicular structure mounted on wheels designed to be pulled 7 by another vehicle. 8 9 Utility trailer means an enclosed or open trailer intended to be towed by a 10 motorized vehicle in order to transport cargo and/or provide a product or service at a 11 remote location. 12 13 Sec. 18-34. Parking restricted. 14 15 (a) Between the hours of 2:00 a.m. and 6:00 a.m. on streets where no curbing is 16 provided, the parking of a vehicle shall not usurp more than twelve (12) inches 17 of the paved portion of the street. 18 19 (b) No person shall leave any truck, trailer, boat or any vehicle of a similar type 20 parked upon any public street or highway within the village between the hours 21 of 12:30 a.m. and 6:00 a.m. 22 23 (c) No truck with a payload or carrying capacity (truck model rating) in excess of 24 one-ton shall be parked upon a public street or highway inclusive of swale area 25 within the village; provided, however, commercial vehicles making deliveries 26 or pickups or otherwise servicing residential, commercial or industrial property 27 within the village shall have the right, if necessary, to temporarily park in such 28 areas during normal business hours. 29 30 (d) No truck with a payload or carrying capacity (truck model rating) in excess of 31 one-ton shall be parked at any time upon private property within the village 32 unless such truck is being utilized as part of an existing business on the private 33 property; provided, however, commercial vehicles making deliveries or 34 pickups or otherwise servicing residential, commercial or industrial property 35 within the village shall have the right, if necessary to temporarily park upon 36 private property during normal business hours. 37 38 (e) The following vehicles shall not be parked overnight (from 11:00 p.m. to 7:00 39 a.m.) in any residential zoning district, unless parked within a fully enclosed 40 garage: 41 42 (1) Tractor trailers, and semi-trailer trucks; 43 44 (2) Tow trucks, wreckers or flat bed vehicle carriers; 45 46 (3) Commercial buses, school buses, or vans accommodating more than 47 sixteen (16) passengers; 48 Page 3 of 5 1 (4) Dump trucks; 2 3 (5) Construction equipment and vehicles, including farm tractors, 4 backhoes, front-end loaders, cranes, cement mixers, pitch buckets or 5 similar items; 6 7 (6) Step vans, panel trucks or other vehicles with rectangular bulk and a 8 payload or carrying capacity in excess of one-ton; 9 10 (7) Any vehicle used and designed for the commercial sale of food or 11 beverages; 12 13 (8) More than one (1) taxi, car service vehicle, or limousine; 14 15 (9) Stretch limousines (i.e., any automobile, sport utility vehicle or van for 16 hire, and of original manufacture or remanufacture, that exceeds a 17 seating capacity of eight (8) persons); 18 19 (10) Boom or bucket trucks; 20 21 (11) Swamp buggies and half-tracks; 22 23 (12) Tandem wheel pick up trucks (dooley type); and 24 25 (13) Vehicles that exceed eight (8) feet in height, inclusive of attached 26 equipment and accessories. 27 28 (f) In addition to the foregoing, vehicles with commercial advertising or markings 29 that occupy more than ten (10) square feet of any given side of the vehicle shall 30 not be parked overnight (from 11:00 p.m. to 7:00 a.m.) in any residential 31 zoning district unless: 32 33 (1) The vehicle is covered with a fitted vehicle cover specifically 34 manufactured for that purpose; 35 36 (2) The vehicle is parked within a fully enclosed garage or otherwise 37 screened from view from adjacent properties and rights-of-way; or 38 39 (3) The vehicle's commercial advertising or markings are completely 40 covered by magnetic signs affixed to the vehicle that have no markings 41 whatsoever and are the same color as the base paint of the vehicle. 42 43 (g) Utility trailers shall not be parked in any residential zoning district unless 44 parked within a fully enclosed garage or within a rear or side yard of a 45 residential lot within the R-1 or R-2 zoning district, subject to the following 46 requirements: 47 Page 4 of 5 (1) The utility trailer shall be visually screened from the view of abutting 1 properties and alleyways. Screening shall be in the form of a properly 2 anchored wall, fence or gate (meeting all building code requirements) 3 or a hedge or other living vegetation, each with a minimum opacity of 4 ninety percent (90%). Walls, fences and gates shall be constructed in 5 accordance with section 45-36(D), and the use of chain link fencing 6 with windscreens is prohibited. Hedges or other living vegetation shall 7 be planted in the ground and shall be of sufficient height to screen such 8 equipment. Utility trailers are not required to be screened from the 9 right-of-way providing access to the rear or side yard if such equipment 10 is located behind a gate at least six (6) feet in height and not more than 11 twenty (20) feet wide. 12 13 (2) Only one (1) utility trailer shall be located on any residential lot, and 14 the height of the trailer is limited to ten (10) feet, as measured from the 15 ground, exclusive of fixed mechanical equipment. 16 17 (3) Utility trailers shall not be permitted within the parking area or 18 common area of any residential multi-family or mixed-use community 19 unless specifically approved through the site plan and appearance 20 review process. 21 22 (4) The utility trailer must be owned or exclusively used by the resident of 23 the property upon which it is parked. 24 25 (5) Utility trailers parked in the side yard shall not project beyond the front 26 building line and utility trailers parked in the rear yard shall be located 27 at least five (5) feet from the rear property line. 28 29 (6) The utility trailer shall, at all times, be currently registered and licensed 30 as required by state law and shall display a current registration sticker 31 and have attached a current vehicle license plate. 32 33 (7) When parked on residential property, the utility trailer shall not be used 34 for living or sleeping quarters or for the storage of household goods or 35 any personal property unrelated to the use of the utility trailer for 36 commercial purposes. 37 38 (8) Any resident who demonstrates that he or she cannot meet the 39 screening or setback requirements for parking a utility trailer on a lot 40 within the R-1 or R-2 residential zoning districts may apply for an 41 exemption from such requirements provided that the resident stored the 42 utility trailer on the property on or before March 24, 2022 and the utility 43 trailer is necessary for the commercial livelihood of the resident. The 44 application shall be accompanied by documentation demonstrating the 45 date the resident began storing the utility trailer on the property and 46 detailing the use of the utility trailer. The application shall be filed with 47 the community development department, and the department shall 48 Page 5 of 5 review the application to ensure it is complete and prepare the 1 necessary documentation for review by the planning commission. The 2 planning commission shall approve, approve with conditions or deny 3 the application, and the decision shall be set forth in a written order. 4 The exemption shall not run with the property and a change in 5 occupancy shall terminate the approval. 6 7 * * * 8 9 Section 4. The provisions of this Ordinance shall become and be made part of the Code of 10 Ordinances for the Village of North Palm Beach, Florida. 11 12 Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for 13 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 14 holding shall not affect the remainder of the Ordinance. 15 16 Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict 17 herewith are hereby repealed to the extent of such conflict. 18 19 Section 7. This Ordinance shall be effective immediately upon adoption. 20 21 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 22 23 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 24 2022. 25 26 27 28 (Village Seal) 29 MAYOR 30 31 ATTEST: 32 33 34 VILLAGE CLERK 35 36 APPROVED AS TO FORM AND 37 LEGAL SUFFICIENCY: 38 39 40 VILLAGE ATTORNEY 41 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Village Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Director of Community Development DATE: April 28, 2022 SUBJECT: Ordinance 2nd Reading – Amending Section 45-2 of the Village’s Zoning Code to Modify the Definition of the Term Dwelling Unit. In 2016, the Village adopted the North Palm Beach Citizen’s Master Plan (“Master Plan”). One of the key recommendations of the Master Plan was the creation of a form-based code to incentivize redevelopment of the Village’s commercial corridors. The goal of a form-based code is to control building form first and then building use second. The Village brought in the renowned firm of Dover, Kohl & Partners and its consultant Spikowski Planning Associates to develop a form-based code for the Village’s commercial zoning districts. The process of revising the Village’s land development regulations and comprehensive plan officially started in January 2018. The consulting team held its first public workshop in April 2018, followed by seven additional workshops, held between December 2018 and May 2019. The consulting team and Village staff incorporated feedback from the workshops into draft land development regulations and comprehensive plan amendments. A preliminary version of the draft regulations and comprehensive plan amendments was workshopped with the Planning Commission in January 2020 for feedback. One of the numerous code changes that was included in the draft code was amending the definition of the term dwelling unit to count a one-bedroom or studio unit in a commercial zoning district that allows mixed uses as .5 of a dwelling unit for density purposes. The .5 dwelling unit provision was then adopted with the remainder of the Village code updates in the fall of 2020. The purpose of assigning maximum residential density in a land use category is to attempt to limit the number of residents in new developments. There is a clear nexus between the average number of residents that typically live in a one-bedroom apartment versus that of a two or three- bedroom apartment. For instance, the Village’s R-3 Multi-Family Zoning District requires one more parking space for three-bedroom units than one and two-bedroom units. Palm Beach Gardens requires one parking space per bedroom in multi-family developments, as do numerous other municipalities. Many municipalities around the country grant density reductions or bonuses for the provision of smaller dwelling units in multi-family developments because they tend to have fewer residents than larger units. When drafting the code, Village staff and its consulting team thought that creating the .5 dwelling unit provision was a best practice and an equitable way to treat density in the Village’s mixed-use districts. The 200 Yacht Club Drive project utilized the .5 dwelling unit provision to provide a greater number of one-bedroom units than would have been allowed without the provision. Some residents along Yacht Club Drive have complained that the project has too many units and have requested that the Village Council repeal the code provision modifying the definition of dwelling unit. In response to the feedback provided by the residents, the Village Council directed staff to draft an Ordinance repealing the .5 dwelling unit provision. Planning Commission Meeting Summary At the April 5 Planning Commission meeting, staff gave an overview of the adoption of the .5 dwelling unit provision and discussed other methods that municipalities use to incentivize smaller units. Some members of the Planning Commission were concerned that eliminating the .5 dwelling unit provision would make the US-1 Corridor less appealing to mixed-use developers. All of the commissioners were in agreement that the Village should take a more comprehensive review of density and how density bonuses are granted. Some members noted that they would like to ensure that projects provide a greater amount of commercial square footage when granting any kind of density incentive. Several of the commissioners noted that they would like to evaluate permanent changes to density bonuses in the Village’s mixed-use commercial zoning districts before eliminating the .5 dwelling unit provision. They expressed concern that there would not be as much urgency to undertake a comprehensive review of density once the .5 dwelling unit provision was eliminated. As a result of this concern, the Commission was ultimately deadlocked with a vote of 3-3. First Reading At its April 28, 2022 meeting, the Village Council adopted the Ordinance on first reading without modification. Recommendation: At its April 5, 2022 meeting, a motion to recommend approval of the proposed Ordinance modifying the definition of the term dwelling unit failed by a vote of 3 to 3. Page 1 of 2 ORDINANCE NO. 2022-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN 4 GENERAL,” OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF 5 ORDINANCES BY AMENDING SECTION 45-2, “DEFINITIONS,” TO 6 MODIFY THE DEFINITION OF THE TERM DWELLING UNIT; PROVIDING 7 FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 8 CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER 9 PURPOSES. 10 11 WHEREAS, through the adoption of Ordinance No. 2020-06, the Village Council adopted a form-12 based commercial Zoning Code prepared by the Village’s consultants, in addition to certain other 13 revisions recommended by Village residents, Village Staff, and the Village’s advisory boards; and 14 15 WHEREAS, Ordinance No. 2020-06 amended the definition of the term dwelling unit to allow 16 units with no bedrooms or one bedroom within commercial zoning districts that allow mixed uses 17 to be counted as one-half of a dwelling unit; and 18 19 WHEREAS, the Village Council wishes to repeal the 2020 revision to the definition of the term 20 dwelling unit; and 21 22 WHEREAS, on April 5, 2022, the Planning Commission, sitting as the Local Planning Agency, 23 conducted a public hearing to review this Ordinance and provide a recommendation to the Village 24 Council; and 25 26 WHEREAS, having considered the recommendation of the Planning Commission and conducted 27 all required advertised public hearings, the Village Council determines that the adoption of this 28 Ordinance is in the interests of the health, safety and welfare of the residents of the Village of 29 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 Appendix C (Chapter 45), “Zoning,” of the 37 Village Code of Ordinances by amending Section 45-2, “Definitions,” of Article I, “In General,” 38 to read as follows (deleted language is stricken through): 39 40 Sec. 45-2. Definitions. 41 42 For the purpose of this Code, certain words and terms are defined as follows: 43 44 * * * 45 46 47 Page 2 of 2 Dwelling unit is a single unit providing complete, independent living facilities 1 for one (1) or more persons including permanent provisions for living, sleeping, 2 eating, cooking and sanitation. For purposes of computing residential density in 3 commercial zoning districts that allow mixed uses, a dwelling unit that contains 4 only one bedroom, or no separate bedroom, will be counted as one-half a dwelling 5 unit. 6 7 * * * 8 9 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 10 the Village of North Palm Beach, Florida. 11 12 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 13 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 14 such holding shall not affect the remainder of this Ordinance. 15 16 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 17 conflict herewith are hereby repealed to the extent of such conflict. 18 19 Section 6. This Ordinance shall take effect immediately upon adoption. 20 21 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2022. 22 23 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 24 2022. 25 26 (Village Seal) 27 MAYOR 28 29 30 ATTEST: 31 32 33 VILLAGE CLERK 34 35 36 APPROVED AS TO FORM AND 37 LEGAL SUFFICIENCY: 38 39 40 VILLAGE ATTORNEY 41 42 VILLAGE OF NORTH PALM BEACH COUNTRY CLUB TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Beth Davis, General Manager Chuck Huff, Director of Public Works DATE: May 12, 2022 SUBJECT: RESOLUTION – Accepting a proposal from Brightview Golf Maintenance, Inc. for the purchase and installation of a new irrigation pipe at a cost of $66,268.78, authorizing execution of a Contract and waiving the Village’s purchasing policies and procedures. Village staff is requesting Village Council approval of a proposal from Brightview Golf Maintenance, Inc. for the purchase and installation of approximately 2,100 linear feet of irrigation pipe at the North Palm Beach Country Club. This will require a waiver of the Village’s purchasing policies and procedures. The new irrigation pipe will provide water to the existing irrigation systems in the US-1 median, Lakeside Park, Veterans Park, the Public Safety Building, the Library and Village Hall. W hile drawing from the irrigation pond located on the golf course, this independent system will be separate from the existing golf course irrigation pump station with its own pump and a direct 6” pipe connection to the irrigation main (which is located on US-1). This project will eliminate the need to share water between the country club golf course and Village medians and common areas. Creating two separate irrigation systems will provide operational benefits for Public Works and the Golf Course. First, the golf course will better secure the water that is needed to maintain the turf. The Latitude 36 turf requires a significant amount of water to maintain its health. When irrigation water is shared between the course and the Village’s general uses, the course is not always able to receive the amount that it needs. Because it will help improve the ability to maintain and protect the quality of the golf course, this project will contribute to the financial sustainability of the golf operation. Second, the Village’s general uses will not be subject to the timing of irrigation on the golf course. The Village can only irrigate its medians, parks and grounds when the golf course irrigation process is completed. This restricts when the irrigation system can operate and creates conflicts as medians and/or parks are being irrigated during the day. This results in water being sprayed on cars and/or visits to the park being disrupted by the irrigation cycle. The project will provide Public Works with greater operational flexibility and a better ability to meet the community’s service expectations. Background: In February of 2021, staff issued an Invitation to Bid (ITB) for the Country Club Irrigation Improvements and Pump Station. Precision Landscape Company submitted the lowest bid proposal in response to the ITB; however, staff recommended breaking out the pump station portion of the bid and awarding the contract to Precision for the irrigation line portion only at a cost of $55,600.00 (Resolution 2021 -15). The pump was subsequently furnished and installed by Sullivan Pump in the amount of $32,445.53 (Resolution 2021-14). As Precision was unable to procure the pipe after several months, both the Village and Precision agreed to terminate their contract. In March of 2022, the Village advertised another ITB for this project and received a low bid of $246,850.00. Staff subsequently rejected this bid. Staff then asked Brightview, the golf course maintenance provider, to submit a proposal for this project. Brightview submitted a proposal in the amount of $66,268.78. Brightview’s is the lowest cost proposal received by the Village and is being recommended for award by the Village Council. As it has for other recent golf course construction projects completed by Brightview (e.g., pond bank stabilization, tee box repair), Staff is requesting a waiver of the Village’s purchasing policies and procedures since the ITB process did not result in the most competitive bid. Account Information: Fund Department / Division Ac count Number Account Description Amount General Fund Public Works / Streets & Stormwater A7231-66210 Construction & Major Renovation $66,268.78 The attached Resolution and Contract have been prepared/reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff recommends Council adoption of the attached Resolution accepting a proposal from Brightview Golf Maintenance, Inc. for the purchase and installation of a new irrigation pipe at a cost of $66,268.78, with funds expended from Account No. A7321-66210 (Streets & Stormwater – Construction & Major Renovation), authorizing the Mayor and Village Clerk to execute a Contract for such services and waiving the Village’s purchasing policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM BRIGHTVIEW GOLF MAINTENANCE, INC. FOR THE PURCHASE AND INSTALLATION OF AN IRRIGATION PIPE AT THE NORTH PALM BEACH COUNTY CLUB GOLF COURSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; WAIVING THE VILLAGE’S PURCHASING POLICES AND PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, BrightView Golf Maintenance, Inc. (“BrightView”), the Village’s golf course maintenance contractor, provided a proposal for the installation of approximately 2,100 linear feet of irrigation pipe at the North Palm Beach Country Club Golf Course, and Village Staff recommended accepting the proposal submitted by BrightView; and WHEREAS, the Village Council determines that the adoption of this Resolution accepting the proposal from BrightView is in the best interests of the residents 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 and accepts the proposal from BrightView Golf Maintenance, Inc. for the purchase of materials and services necessary for the installation of irrigation pipe at the Country Club Golf Course at a total cost of $66,268.78, with funds expended from Account No. A7321-66210 (Streets & Stormwater – Construction & Major Renovation). The Village Council further authorizes the Mayor and Village Clerk to execute a Contract for such services, a copy of which is attached hereto and incorporated herein by reference. Section 3. In approving this purchase, the Village Council hereby by waives any conflicting provisions of the Village’s purchasing policies and procedures. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 9 CONTRACT THIS CONTRACT is made as of the ____ day of ________________, 2022 by and between the VILLAGE OF NORTH PALM BEACH, municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and BRIGHTVIEW GOLF MAINTENANCE, INC. a Florida corporation, hereinafter referred to as CONTRACTOR, whose Federal I.D. No is 95-2999239. WHEREAS, the VILLAGE is need of services and materials for the installation of a new irrigation pipe at the North Palm Beach Country Club Golf Course; and WHEREAS, CONTRACTOR is the current provider of Golf Course Maintenance Services, and CONTRACTOR has provided the VILLAGE with a proposal to perform the work; and WHEREAS, the VILLAGE wishes to retain CONTRACTOR to perform the work outlined in its proposal pursuant to the terms and conditions of this Contract. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONTRACTOR. CONTRACTOR shall perform those services outlined in its Proposal, attached hereto as Exhibit “A” and incorporated herein by reference (“Work”). CONTRACTOR shall perform the Work to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its vocation practicing in the same or similar locality at the time such services are performed. ARTICLE 2. TERM OF CONTRACT. The term of this Contract shall commence upon the VILLAGE’s issuance of a Notice to Proceed and shall remain in effect until CONTRACTOR completes all services within the scope of this Contract to the satisfaction of the VILLAGE, unless otherwise terminated in accordance with Article 8. CONTRACTOR shall complete the Work within ninety (90) calendar days after the issuance of the Notice to Proceed. ARTICLE 3. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate CONTRACTOR in accordance with CONTRACTOR’s Proposal in an amount not to exceed Sixty-Six Thousand Two Hundred Sixty-Eight Dollars and Seventy- Eight Cents ($66,268.78). B. CONTRACTOR shall invoice the VILLAGE on a monthly basis based on the percentage of work performed. Invoices received from CONTRACTOR pursuant to this Contract will be reviewed and approved by 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. CONTRACTOR will invoice the VILLAGE in advance for each payment period. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. Page 2 of 9 C. Work undertaken or expenses incurred that exceeds an amount set forth in the Proposal 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 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 CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of the Work. ARTICLE 4. INSURANCE. A. Prior to execution of this Contract by the VILLAGE, CONTRACTOR shall provide certificates evidencing insurance coverage 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 CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict compliance with this Article and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the VILLAGE’S representative. Compliance with the foregoing requirements shall not relieve CONTRACTOR of its liability and obligations under this Contract. B. CONTRACTOR shall maintain, during the life of this Contract, Commercial General Liability insurance in the amount of $1,000,000.00 in aggregate 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, whether such operations be by CONTRACTOR or by anyone directly employed by or contracting with CONTRACTOR. C. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $1,000,000 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 whether such operations be by CONTRACTOR or by anyone directly or indirectly employed by CONTRACTOR. D. The parties to this 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 provide a copy of such exemption to the VILLAGE. E. All insurance, other than Worker’s Compensation, to be maintained by CONTRACTOR shall specifically include the VILLAGE OF NORTH PALM BEACH as an “Additional Insured”. Page 3 of 9 ARTICLE 5. PERSONNEL. A. 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 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 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. ARTICLE 6. 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 o r 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 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. ARTICLE 7. INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall be, in the performance of services pursuant to this Contract, an independent contractor and not an employee, agent or servant of the VILLAGE. All persons engaged in any services performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’s sole discretion, supervision and control, and CONTRACTOR shall exercise sole control over the means and manner in which its employees, consultants and subcontractors perform such services. ARTICLE 8. TERMINATION. This Contract may be terminated by 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 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 CONTRACTOR is in breach of this Contract, CONTRACTOR shall be paid Page 4 of 9 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, 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 9. SUCCESSORS AND ASSIGNS. The VILLAGE and 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 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 CONTRACTOR. ARTICLE 10. ACCESS AND AUDITS. 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 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 11. 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 12. 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, the CONTRACTOR shall provide any necessary materials to maintain such protection. Page 5 of 9 B. 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. ARTICLE 13. 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 Attn: Andrew D. 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: BrightView Golf Maintenance, Inc. 24151 Ventura Boulevard Calabasas, CA 91302 Attention: Greg Pieschala, President The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 14. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and 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 15. 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. ARTICLE 16. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. Page 6 of 9 ARTICLE 17. 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, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 18. EXHIBITS AND CONTRACT DOCUMENTS. All exhibits and other documents referred to in this Contract form an essential part of this Contract. The exhibits and other documents, if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 19. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 20. 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 21. 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 22. 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 completion of the Work and successful final inspection, or as otherwise stated in the Proposal. 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. ARTICLE 23. 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. Page 7 of 9 ARTICLE 24. 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 this 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 right they may have to a trial by jury with respect to any litigation arising out of or in connection with this Contract. ARTICLE 25. FEDERAL AND STATE TAXES. The VILLAGE is exempt from federal tax and state sales tax and use taxes. Upon request, the VILLAGE shall provide an exemption certificate to CONTRACTOR. CONTRACTOR is not exempt from paying sales tax to its suppliers for materials used to fulfill its obligations under this Contract, nor shall CONTRACTOR be authorized to use the VILLAGE’s tax exemption number in securing such materials. ARTICLE 26. 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 27. 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 requires required by the VILLAGE to perform the service. Page 8 of 9 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. ARTICLE 28. 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 belief that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complied, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: BRIGHTVIEW GOLF MAINTENANCE, INC. BY: Print Name: Title:_____________________________ Page 9 of 9 VILLAGE OF NORTH PALM BEACH BY: ________________________________ DEBORAH SEARCY MAYOR ATTEST: BY:________________________________ JESSICA GREEN, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY North Palm Beach CC Proposal Installation of 6” HDPE Mainline pipe with Gate Valve Materials: 2,100’ 6” HDPE pipe, 6” Gate Valve, MJ Adapters, DI Sleeves, Mega Lugs, Backup Rings, Accessory Kits. $21,842.38 $44,426.40 $66,268.78 Materials Labor/ Equipment/Travel Grand Total on project Signed Date VILLAGE OF NORTH PALM BEACH COUNTRY CLUB – GOLF OPERATIONS TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Allan Bowman, Head Golf Professional DATE: May 12, 2022 SUBJECT: RESOLUTION – Approving an Amendment to the Contract with Brightview Golf Maintenance, Inc. for pond bank stabilization services at a cost of $22,469.25 (for a total cost of $117,554.00). Through the adoption of Resolution No. 2022-09 on January 27, 2022, the Village Council approved a proposal from Brightview for 1,200 linear feet of pond stabilization work in the amount of $95,084.75 and authorized execution of a Contract. Due to extensive winter erosion, Staff is recommending an amendment to the Contract to include an additional 250 feet of pond stabilization services at a cost of $22,469.25. Resolution No. 2022-09 also approved a waiver of the Village’s purchasing policies and procedures. Background: The cost of the initial pond stabilization project approved in Resolution No. 2022-09 was $95,084.75. However, due to extensive erosion over the winter months, mainly due to wind and water erosion, Staff is proposing an additional 250 linear feet of pond stabilization work, brining the total amount of work to be completed to 1,450 linear feet. This is step one of a project that will assist in maintaining the bank edges and will culminate with plantings in and around the ponds in year three of the project. The additional work will bring the total amount of the Contract with Brightview to a not t o exceed amount of $117,554.00. Funding: A total of $100,000 was set aside for this project during the FY 2022 budgetary process. However, revenues from golf operations have significantly exceeded budgetary expectations and can be used to address the budgetary shortfall. Account Information: Fund Department Account Number Account Description Amount Country Club Golf Course Maintenance L8045-66210 Construction & Major Renovation $117,554.00 The attached Resolution and First Amendment to the Contract have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff recommends Council adoption of the attached Resolution approving an Amendment to the existing Contract with the Brightview Golf Maintenance, Inc. to increase the scope of work by 250 linear feet at a total cost for the entire project of $117,554.00, with funds expended from Account No. L8045-66210 (Golf Course Maintenance – Construction and Major Renovation), and authorizing the Mayor and Village Clerk to execute the Amendment in accordance with Village policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CONTRACT WITH BRIGHTVIEW GOLF MAINTENANCE, INC. FOR POND REPAIR AND STABILIZATION AT THE AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2022-09 on January 27, 2022, the Village Council approved a Contract with BrightView Golf Maintenance, Inc. (“BrightView”) for 1,200 linear feet of pond bank repair and stabilization services at the North Palm Beach Country Club Golf Course; and WHEREAS, the parties wish to amend the Contract to include an additional 250 linear feet and increase the total amount of compensation by $22,469.25; and WHEREAS, the Village Council determines that adoption of this Resolution approving an Amendment to the Contract with BrightView, including a waiver of any conflicting provisions of the Village’s purchasing policies and procedures, is in the best interests of the residents 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 an Amendment to the Contract with BrightView Golf Maintenance, Inc. for pond bank stabilization and repair at the County Club Golf Course to increase the scope of the project by 250 linear feet at an additional cost of $22,469.25, bringing the total cost to $117,554.00, with funds expended from Account No. L8045-66210 (Golf Course Maintenance – Construction and Major Renovation). The Village Council further authorizes the Mayor and Village Clerk to execute the Amendment, a copy of which is attached hereto and incorporated herein by reference. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 2 AMENDMENT TO CONTRACT THIS AMENDMENT is made as of the ____ day of ________________, 2022 by and between the VILLAGE OF NORTH PALM BEACH, municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and BRIGHTVIEW GOLF MAINTENANCE, INC. a Florida corporation, hereinafter referred to as CONTRACTOR, whose Federal I.D. No is 95-2999239. WHEREAS, on January 27, 2022, the VILLAGE and CONTRACTOR executed a Contract for pond bank stabilization and repair services at the North Palm Beach Country Club Golf Course (“Contract”); and WHEREAS, the VILLAGE and CONTRACTOR have agreed to amend the Contract to expand the scope of the project and increase the cost. NOW, THEREFORE, in consideration of the mutual representations and obligations contained in the Contract and this Amendment, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Article 1 of the Contract is hereby amended to modify the scope of Work to include 250 additional linear feet, for a total of 1,450 linear feet, as set forth in CONTRACTOR’s Proposal dated April 25, 2022, attached hereto as Exhibit “A” and incorporated herein by reference. 2. Article 2 of the Contract is hereby amended to extend the term for an additional ninety (90) days from the date of execution of this Amendment by both parties. 3. Article 3(A) of the Contract is hereby amended to increase the total amount of compensation to be paid by the VILLAGE to CONTRACTOR by $22,469.25, thereby increasing the total amount of compensation under the Contract to One Hundred and Seventeen Thousand Five Hundred and Fifty- Four Dollars and No Cents ($117,554.00). 4. All other provisions of the Contract, to the extent not expressly modified herein, shall remain in full force and effect. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Amendment as of the day and year first above written. CONTRACTOR: BRIGHTVIEW GOLF MAINTENANCE, INC. BY: Print Name: Title:_____________________________ Page 2 of 2 VILLAGE OF NORTH PALM BEACH BY: ________________________________ DEBORAH SEARCY MAYOR ATTEST: BY:________________________________ JESSICA GREEN, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY BrightView Golf Improvements Proposal To:Allan Bowman, Director of Golf Company:North Palm Beach Country Club Date:4.25.2022 Reference: DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT SOX Land Bank Stabilization 1450'1 $117,554.00 Ecological Improvemnts Total $117,554.00 Proposal Notes: Fill material to be trucked in and staged at maintenance area Ecological Improvements will use NPBCC equipment to move fill material NPBCC to provide and install sod on disturbed area. Contractor will lay sod on the toe of slope. NPCC responsible for all irrigation related activity…staking, repair, irrigation of new sod. Certified General Contractor #CGC-062119 Owner's approval:Date: 4993 S.W. MARTIN COMMONS WAY PALM CITY, FL 34990 (772) 285-1871 RESOLUTION 2022-09 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM BRIGHTVIEW GOLF MAINTENANCE, INC. FOR POND REPAIR AND STABILIZATION AT THE AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; WAIVING THE VILLAGE'S PURCHASING POLICES AND PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, BrightView Golf Maintenance, Inc. ("BrightView"), the Village's golf course maintenance contractor, provided a proposal for pond bank repair and stabilization at the North Palm Beach Country Club Golf Course, and Village Staff recommended accepting the proposal submitted by BrightView; and WHEREAS, the Village Council determines that adoption of this Resolution accepting the proposal from BrightView is in the best interests of the residents 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 and accepts the proposal from BrightView Golf Maintenance, Inc. for the purchase of materials and services necessary to complete pond bank stabilization and repair at the Country Club Golf Course at a total cost of $95,084.75, with funds expended from Account No. L8045-66210 (Golf Course Maintenance — Construction and Major Renovation). The Village Council further authorizes the Mayor and Village Clerk to execute a Contract for such services, a copy of which is attached hereto and incorporated herein by reference. Section 3. In approving this purchase, the Village Council hereby by waives any conflicting provisions of the Village's purchasing policies and procedures. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 27"H DAY OF JANUARY, 2022. R_.. 0. r G e L 6A ;° MAYOR r ATTEST: I VILLAGt CLERK DocuSign Envelope ID: AAOA6A37-BF79-4BC1-BFC1-1DO9AOOBOAE1 CONTRACT THIS CONTRACT is made as of the 27th day of January, 2022 by and between the VILLAGE OF NORTH PALM BEACH, municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and BRIGHTVIEW GOLF MAINTENANCE, INC. a Florida corporation, hereinafter referred to as CONTRACTOR, whose Federal I.D. No is 95-2999239. WHEREAS, the VILLAGE is need of services and materials for pond bank repair and stabilization from at the North Palm Beach Country Club Golf Course; and WHEREAS, CONTRACTOR is the current provider of Golf Course Maintenance Services, and CONTRACTOR has provided the VILLAGE with a proposal to perform the work; and WHEREAS, the VILLAGE wishes to retain CONTRACTOR to perfon-n the work outlined in its proposal, pursuant to the terms and conditions of this Contract, based on its familiarity with the Golf Course specifications and its maintenance responsibilities. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONTRACTOR. CONTRACTOR shall perform those services outlined in its Proposal dated September 28, 2021, attached hereto as Exhibit "A" and incorporated herein by reference ("Work"). CONTRACTOR shall perfon-n the Work to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its vocation practicing in the same or similar locality at the time such services are performed. ARTICLE 2. TERM OF CONTRACT. The term of this Contract shall commence upon the VILLAGE's issuance of a Notice to Proceed and shall remain in effect until CONTRACTOR completes all services within the scope of this Contract to the satisfaction of the VILLAGE, unless otherwise terminated in accordance with Article 8. CONTRACTOR shall complete the Work within ninety (90) calendar days after the issuance of the Notice to Proceed. ARTICLE 3. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate CONTRACTOR in accordance with CONTRACTOR's Proposal in an amount not to exceed Ninety -Five Thousand Eighty -Four Dollars and Seventy -Five Cents 94, 084.75). B. CONTRACTOR shall invoice the VILLAGE on a monthly basis based on the percentage of work performed. Invoices received from CONTRACTOR pursuant to this Contract will be reviewed and approved by 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. CONTRACTOR will invoice the VILLAGE in advance for each payment period. Invoices will normally be paid within thirty (30) days following the VILLAGE representative's approval. Page 1 of 9 DocuSign Envelope ID: AAOA6A37-BF79-4BC1-BFC1-1DO9AOOBOAE1 C. Work undertaken or expenses incurred that exceeds an amount set forth in the Proposal 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 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 furthcr 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 the Work. ARTICLE 4. INSURANCE. A. Prior to execution of this Contract by the VILLAGE, CONTRACTOR shall provide certificates evidencing insurance coverage 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 CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict compliance with this Article and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the VILLAGE'S representative. Compliance with the foregoing requirements shall not relieve CONTRACTOR of its liability and obligations under this Contract. B. CONTRACTOR shall maintain, during the life of this Contract, Commercial General Liability insurance in the amount of $1,000,000.00 in aggregate 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, whether such operations be by CONTRACTOR or by anyone directly employed by or contracting with CONTRACTOR. C. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $1,000,000 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 whether such operations be by CONTRACTOR or by anyone directly or indirectly employed by CONTRACTOR. D. The parties to this 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 provide a copy of such exemption to the VILLAGE. E. All insurance, other than Worker's Compensation, to be maintained by CONTRACTOR shall specifically include the VILLAGE OF NORTH PALM BEACH as an "Additional Insured". Page 2 of 9 DocuSign Envelope ID: AAOA6A37-BF79-4BC1-BFC1-1DO9AOOBOAE1 ARTICLE 5. PERSONNEL. A. CONTRACTOR represents that it has, or will secure at its own expcnse, 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 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 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. ARTICLE 6. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save hanmless 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 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. ARTICLE 7. INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall be, in the performance of services pursuant to this Contract, an independent contractor and not an employee, agent or servant of the VILLAGE. All persons engaged in any services performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR's sole discretion, supervision and control, and CONTRACTOR shall exercise sole control over the means and manner in which its employees, consultants and subcontractors perform such services. ARTICLE 8. TERMINATION. This Contract may be terminated by 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 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 CONTRACTOR is in breach of this Contract, CONTRACTOR shall be paid Page 3 of 9 DocuSign Envelope ID: AAOA6A37-BF79-4BC1-BFC1-1DO9AOOBOAE1 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, 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 9. SUCCESSORS AND ASSIGNS. The VILLAGE and 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 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 CONTRACTOR. ARTICLE 1.0. ACCESS AND AUDITS. 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 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 11. 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 12. 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, the CONTRACTOR shall provide any necessary materials to maintain such protection. Page 4 of 9 DocuSign Envelope ID: AAOA6A37-BF79-4BC1-BFC1-1DO9AOOBOAE1 B. 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. ARTICLE 1.3. 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 Attn: Andrew D. 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: BrightView Golf Maintenance, Inc. 24151 Ventura Boulevard Calabasas, CA 91302 Attention: Greg Pieschala, President The foregoing names and addresses may be changed if such change is provided in writing to the other ply, ARTICLE 14. ENTIRETY OF CONTRACTUAL AGREEMENT, The VILLAGE and 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 15. "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. ARTICLE 16. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. Page 5 of 9 DocuSign Envelope ID: AAOA6A37-BF79-4BC1-BFC1-1DO9AOOBOAE1 ARTICLE 1.7. 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, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 18. EXHIBITS AND CONTRACT DOCUMENTS. All exhibits and other documents referred to in this Contract form an essential part of this Contract. The exhibits and other documents, if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 19. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 20. 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 21. 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 22. 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 completion of the Work and successful final inspection, or as otherwise stated in the Proposal. 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. ARTICLE 23. 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. Page 6 of 9 DocuSign Envelope ID: AAOA6A37-BF79-4BC1-BFC1-1DO9AOOBOAE1 ARTICLE 24. 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 this 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 right they may have to a trial by jury with respect to any litigation arising out of or in connection with this Contract. ARTICLE 25. FEDERAL AND STATE TAXES. The VILLAGE is exempt from federal tax and state sales tax and use taxes. Upon request, the VILLAGE shall provide an exemption certificate to CONTRACTOR. CONTRACTOR is not exempt from paying sales tax to its suppliers for materials used to fulfill its obligations under this Contract, nor shall CONTRACTOR be authorized to use the VILLAGE's tax exemption number in securing such materials. ARTICLE 26. 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 27. 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 requires required by the VILLAGE to perform the service. Page 7 of 9 ocu5ign Envelope ID. AAOA6A37-BF79-4BC1-BFC 1-1D09ACOBOAE1 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 tern 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. ARTICLE 28. E -VERIFY CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in compliance with Section 448.495, Florida Statutes, as may be amended. CONTRACTOR has registered to use, and shall continue to use, the E -Verify System (E-Verify.gov) to electronicaIIy 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(l), 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 belief that a subcontractor has knowingly violated Section 448.09(l), Florida Statutes, but CONTRACTOR has otherwise complied, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR: f]°cu5ipned Dy: BRIGHTVIEW Go MANCE, INC. Dw Print Name: Title: Page 8 of 9 DocuSign Envelope ID: AAOA6A37-BF79-4BC1-BFC 1-1D09A00BOAE1 VILLAGE OF NORTH PALM BEACH OacuSigned by: BY: vont Qv DARRYL MAYOR ATTEST: ri Dacu5lgned by: u BY: JESSICA G N, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFI I a nby: BY:-otna iin VILLAGE ATTORNEY Page 9 of 9 VILLAGE OF NORTH PALM BEACH PUBLIC WORKS TO: Honorable Mayor and Council THRU: Andrew Lukasik, Village Manager DATE: May 12, 2022 FROM: Chuck Huff, Director Public Works SUBJECT: RESOLUTION – Approval of an Agreement with Thompson Consulting Services, LLC for Disaster Debris Management and Support Services pursuant to terms, conditions and pricing set forth in existing Agreement with the Solid Waste Authority of Palm Beach County. Village Staff is seeking Council approval of the attached Resolution approving an Agreement with Thompson Consulting Services, LLC for Disaster Debris Management and Support Services. The existing agreement between the Village and Thompson Consulting expired on May 7, 2022. The Solid Waste Authority of Palm Beach County (SWA) recently completed a competitive solicitation (RFP No. 22-202/DL) for Disaster Debris Management and Support Services and awarded a new contract to Thompson Consulting Services. The term of this contract is from May 8, 2022 through May 7, 2025. Village Staff is seeking authority to entering into an Agreement with Thompson Consulting Services utilizing the terms, conditions and pricing of the recently executed SWA contract. The scope of work under this Agreement includes: supporting the Village of North Palm Beach during a disaster recovery effort; coordinating with Phillips and Jordan, the Village’s vendor for debris removal services; and ensuring the overall monitoring of debris collection and disposal is within FEMA guidelines to maximize the recovery of reimbursable expenses. There is no cost for this Agreement unless the Village declares an emergency and mobilizes Thompson Consulting Services to provide assistance. The attached Resolution and Agreement have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff recommends Council consideration and approval of the attached Resolution approving an Agreement for Disaster Debris Management and Support Services with Thompson Consulting Services, LLC utilizing the pricing, terms and conditions of an existing Agreement with Solid Waste Authority of Palm Beach County and authorizing the Mayor and Village Clerk to execute the Agreement in accordance with Village policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THOMPSON CONSULTING SERVICES, LLC FOR DISASTER DEBRIS MANAGEMENT AND SUPPORT SERVICES IN ACCORDANCE WITH THE TERMS, CONDITIONS AND PRICING SET FORTH IN AN EXISTING AGREEMENT WITH THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village wishes to obtain debris management and support services in the event of a hurricane or other disaster; and WHEREAS, in obtaining such services, the Village wishes to piggy-back an existing agreement between Thompson Consulting Services, LLC (“Consultant”) and the Solid Waste Authority of Palm Beach County (Agreement No. 22-202) (“SWA Contract”); and WHEREAS, Consultant has agreed to provide the Village with debris management and support services under the same terms and conditions as the SWA Contract; and WHEREAS, the Village determines that the execution of an Agreement with Consultant, incorporating the terms and conditions of the SWA Contract, is in the best 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 as true and incorporated herein. Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby approves an Agreement between the Village and Thompson Consulting Services, LLC to provide for disaster debris management and support services and authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village. A copy of the Agreement is attached hereto and incorporated herein by reference. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF ______________, 2022. (Village Seal) MAYOR ATTEST: _________________________ VILLAGE CLERK Page 1 of 5 AGREEMENT FOR DISASTER DEBRIS MANAGEMENT AND SUPPORT SERVICES THIS AGREEMENT is made as of this _______ day of _____________, 2022, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal corporation (“VILLAGE”), and Thompson Consulting Services, LLC, 2601 Maitland Center Parkway, Maitland, Florida 32751, a Delaware limited liability company (“CONSULTANT”), whose Federal Employer Identification Number is 45- 2015453. RECITALS WHEREAS, the VILLAGE is in need of a consultant to provide debris management and support services, including, but not limited to, project/operations management, collection monitoring, debris vehicle certification, data compilation and reporting, and payment monitoring and reconciliation; and WHEREAS, the Solid Waste Authority of Palm Beach County (“SWA”), through its competitive selection process, awarded County Contract No. 22-202 to CONSULTANT for the County’s debris management and monitoring support (“SWA Contract”); and WHEREAS, CONSULTANT has agreed to provide such services to the VILLAGE based on the terms and conditions, including pricing, set forth in the SWA Contract; and WHEREAS, the VILLAGE desires to accept CONSULTANT’s proposal by piggy- backing the SWA Contract as authorized by the VILLAGE’s purchasing policies and procedures. NOW THEREFORE, in consideration of the mutual promises set forth herein, and other good and valuable consideration, 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. Solid Waste Authority of Palm Beach County Contract. The parties agree and acknowledge that this Agreement incorporates and includes all of the terms and conditions, including pricing, set forth in Debris Management and Support Services Agreement No. 22-202 dated April 26, 2022 between the Solid Waste Authority of Palm Beach County and CONSULTANT (“SWA Contract”), a copy of which is attached hereto as Exhibit “1” and incorporated herein by this reference. Page 2 of 5 3. CONSULTANT’s Performance CONSULTANT shall provide those services set forth in the Scope of Services incorporated into the SWA Contract as may be specifically requested upon written notice from the VILLAGE. 4. Compensation to CONSULTANT. A. Payments by the VILLAGE to CONSULTANT under this Agreement shall not exceed the Fee Schedule set forth in the SWA Contract. B. For work performed pursuant to this Agreement, CONSULTANT shall submit invoices to the VILLAGE on at least a monthly basis for review and approval by the VILLAGE’s representative, indicating that the services have been provided and rendered in conformity with this Agreement. The invoices shall be transmitted to the Finance Department for payment. C. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. CONSULTANT waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Agreement. In order for both parties herein to close their books and records, CONSULTANT will clearly state “final invoice” on CONSULTANT’s final/last billing to the VILLAGE. This certifies that all 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 CONSULTANT. The VILLAGE will not be liable for any invoice from CONSULTANT submitted thirty (30) days after the provision of all services. 5. Period and Renewals. This Agreement shall be for the term as indicated in the SWA Contract, effective upon execution by both parties. Extensions or renewals to the SWA Contract or any modification including new products, terms, or price changes to the SWA Contract shall be submitted by CONSULTANT to the VILLAGE for approval. In the SWA Contract expires and no new contract is let by the County, the VILLAGE reserves the right, upon written agreement with CONSULTANT to renew this Agreement under the same terms and conditions for an additional period of one (1) year. All prior Agreements between the VILLAGE and CONSULTANT are hereby repealed as of the effective date of this Agreement. 6. Insurance. CONSULTANT shall obtain and maintain during the term of this Agreement all insurance required under the SWA Contract, with the VILLAGE named as an additional insured. 7. Indemnification. To the fullest extent permitted by applicable laws and regulations, CONSULTANT 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 Page 3 of 5 of or in any way related to the services furnished by CONSULTANT pursuant to this Agreement, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of CONSULTANT and/or its subcontractors, agents, servants or employees. CONSULTANT 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 provided for in this Agreement as well as the termination of this Agreement for any reason. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONSULTANT, nor shall this Agreement be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. 8. Contract Administration. The services of CONSULTANT shall be under the general direction of the VILLAGE’s Director of Public Works, who shall act as the VILLAGE’s representative during the terms of this Agreement. 9. Conflict of Terms and Conditions. In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of the SWA Contract, the terms and conditions of this Agreement shall control. 10. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Agreement shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. 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. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable 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. All notices, demands, communications or requests required or permitted under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, to the addresses appearing on the first page of this Agreement. Page 4 of 5 E. The VILLAGE and CONSULTANT agree that this Agreement 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 Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Any provision of this Agreement which is of a continuing nature or imposes an obligation which extends beyond the term of this Agreement shall survive its expiration or earlier termination. F. In performing services pursuant to this Contract, CONSULTANT shall comply with all relevant provisions of Chapter 119, Florida Statutes. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT’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. As required by Section 119.0701, Florida Statutes, CONSULTANT 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 CONSULTANT 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 CONSULTANT or keep and maintain public records required by the VILLAGE to perform the services. If CONSULTANT transfers all public records to the VILLAGE upon completion of the Contract, CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONSULTANT keeps and maintains public records upon completion of the Contract, CONSULTANT 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. Page 5 of 5 IN WITNESS WHEREOF, the VILLAGE and CONSULTANT hereto have made and executed this Agreement for Disaster Debris Management and Support Services for the Village of North Palm Beach as of the day and year first above written. CONSULTANT: THOMPSON CONSULTING SERVICES, LLC BY: Print Name:__________________________ Position:_____________________________ VILLAGE: VILLAGE OF NORTH PALM BEACH BY: ________________________________ DEBORAH SEARCY MAYOR ATTEST: BY:________________________________ JESSICA GREEN, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ LEONARD G. RUBIN VILLAGE ATTORNEY VILLAGE OF NORTH PALM BEACH PARKS AND RECREATION DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Zakariya Sherman, Director of Leisure Services DATE: May 12, 2022 SUBJECT: RESOLUTION – FRDAP Grant Purchase – Osborne Park Basketball Court Renovation The Village has been approved for a $50,000 (no match) State of Florida Recreation Development Assistance Program (FRDAP) Grant for the renovation of the Osborne Park Basketball court. Background: As part of the project, the basketball court surface at Osborne Park needs to be re-asphalted. Staff received the following proposals for this project: Vendor Cost All County Pavement Management Solutions $29,997.00 Papico Construction Inc. $54,000.00 Pricing: The proposal from All County Pavement Management Solutions is pursuant to pricing established in an existing contract with the Palm Beach County School District (Bid No. 20C-46V) expiring June 21, 2023. The Village’s purchasing policies and procedures authorize concurrent competitive purchasing on other state and local government contracts. A secondary quote was obtained from a qualified vendor to verify “fair market value” as required by the Village’s purchasing policies and procedures. A rendering of their proposed scope of work is attached. Funding: There is no net impact on the General Fund budget. The attached budget amendment appropriates $50,000 in a Special Revenue Recreation Grant Fund to set aside monies for this reimbursable grant: Budget Amendment – Recreation Grant Fund: Account Description Use Source U2124-33025 Osborne Park Grant Revenue – FRDAP $50,000 U8024-66000 Osborne Park Grant Expense – Capital $50,000 Total $50,000 $ 50,000 The attached Resolution has been prepared/reviewed by your Village Attorney for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution accepting the proposal submitted by All County Pavement Management Solutions to replace the Osborne Park basketball surface at a total cost of $29,997.00 with funds expended from Account No. U8024- 66000 (Osborne Park Grant Expense - Capital), authorizing the Mayor and Village Clerk to execute the required budget amendment to provide funds for the project and authorizing the Mayor and Village Clerk to execute a Contract relating to such services in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A PROPOSAL FROM M & M ASPHALT MAINTENANCE, INC. D/B/A ALL COUNTY PAVING FOR THE RENOVATION OF THE OSBORNE PARK BASKETBALL COURT PURSUANT TO PRICING ESTABLISHED IN AN EXISTING PALM BEACH COUNTY SCHOOL DISTRICT CONTRACT; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; APPROVING A BUDGET AMENDMENT TO THE RECREATION GRANT FUND TO REFLECT THE RECEIPT AND APPROPRIATION OF FRDAP GRANT FUNDS TO FACILITATE THE PURCHASE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village was awarded a non-matching $50,000.00 Florida Recreation Department Assistance Program (FRDAP) Grant for the renovation of the basketball court as Osborne Park; and WHEREAS, Village Staff recommends accepting the proposal from M & M Asphalt Maintenance, Inc. d/b/a All County Paving for the basketball court renovation utilizing pricing established in an existing Palm Beach County School District Contract for Paving and Drainage Services (Contract No. 20C-46V) at a total cost of $29,997.00; and WHEREAS, in order to fund the purchase, the Village Council wishes to amend the Recreation Grant Fund Budget to account for the receipt and appropriation of the grant funds; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the proposal from M & M Asphalt Maintenance, Inc. d/b/a All County Paving for the renovation of the Osborne Park basketball court utilizing pricing established in an existing Palm Beach County School District Contract for Paving and Drainage Services (Contract No. 20C-46V) at a total cost of $29,997.00, with funds expended from Account No. U8024-66000 (Osborne Park Grant Expense – Capital). The Village Council further authorizes the Mayor and Village Clerk to execute a Contract for such services, a copy of which is attached hereto and incorporated herein. Section 3. In order to reflect the receipt and appropriation of grant funds, the Village Council hereby approves the following budget amendment: Page 2 of 2 Budget Amendment – Recreation Grant Fund: Account Description Use Source U2124-33025 Osborne Park Grant Revenue – FRDAP $50,000 U8024-66000 Osborne Park Grant Expense – Capital $50,000 Total $50,000 $ 50,000 Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the budget amendment for and on behalf of the Village of North Palm Beach. Section 5. All resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 6. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 6 CONTRACT This Contract is made as of this _______ day of ______________, 2022, 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 M & M ASPHALT MAINTENANCE, INC. D/B/A ALL COUNTY PAVING, 1180 S.W. 10th Street, Delray Beach, Florida 33444, a Florida corporation (hereinafter “CONTRACTOR”), whose F.E.I. Number is 61- 1595442. RECITALS WHEREAS, the VILLAGE is in need of a contractor for the renovation of the basketball court at Osborne Park; and WHEREAS, the School District of Palm Beach County, through its competitive selection process, awarded a Contract for Paving and Drainage Services (Contract No. 20C-46V) to CONTRACTOR; and WHEREAS, the VILLAGE requested that the CONTRACTOR provide a proposal for the renovation of the basketball court at Osborne Park based on the pricing established in the School District 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 School District 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. School District Contract. The School District of Palm Beach County’s Contract for Paving and Drainage Services (Contract No. 20C-46V) 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 School District Contract and at the direction of the VILLAGE, CONTRACTOR shall perform the renovation work in accordance with its Proposal dated March 8, 2022 (No. TS-136Rev1), 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 $29,997.00. 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 and shall be completed within ninety (90) calendar days. 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” (School District 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. Period and Renewals. This Contract shall be for the term as indicated in the School District Contract. Extensions or renewals to the School District Contract or any modification including new products, terms, or price changes to the School District Contract shall be submitted by CONTRACTOR to the VILLAGE for approval. In the event the School District Contract expires and no new contract is let by the School District, 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. 7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all insurance required under the School District 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 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 Page 3 of 6 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 School District 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 V ILLAGE 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 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. Page 4 of 6 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. 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 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 Page 5 of 6 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. H. 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. I. 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. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. M & M ASPHALT MAINTENANCE, INC. D/B/A ALL COUNTY PAVING By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH By: ________________________________ DEBORAH SEARCY MAYOR ATTEST: BY:________________________________ VILLAGE CLERK Page 6 of 6 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY Stephen Poh Village Of North Palm Beach 603 Anchorage Drive Village of North Palm Beach,FL 33408 spoh@village-npb.org 561-904-2128 PROPOSAL NUMBER: TS-136Rev1 South FL. Corporate Office 1180 SW 10th St. Delray Beach, FL 33444 561-588-0949 Paving Advisor Josh Marfleet T: +1 561-302-9361 E: jmarfleet@allcountypaving.com www.ALLCOUNTYPAVING.com PROJECT INFORMATION:Osborne Park Basketball Court 715 Prosperity Farms Road North Palm Beach,FL 33408 Mar 8, 2022 SCOPE OF WORK: PROJECT COORDINATION:1. Assign project manager to handle the project.2. Provide break-out site plans with work schedules for the project.3. Have a pre-construction meeting with the customer’s designated representative and any interested parties.4. Determine staging area for the equipment. STANDARD MOT: 1. Set up standard MOT to include barricades and/or cones. MILL ENTIRE SECTION: Up to 1,486 Sq. Yds. 1. Mill entire section up to 1 inches average2. Mill & dispose limerock in north section if required.3. Haul away all debris. ASPHALT PAVING: Up to 1,486 Sq. Yds. 1. Tack areas with DOT approved primer tack. 2. Level any depressed areas prior to overlay. 3. Install 1 average hot plant mixed asphalt S-III 4. Roll and compact areas using a steel drum and rubber tire roller. 5. Remove any related debris from site 6. NOTE: Does not include any pavement markings, fencing removal or re-installation, no topsoil, sod, or irrigation restoration. Stephen Poh Village Of North Palm Beach 603 Anchorage Drive Village of North Palm Beach,FL 33408 spoh@village-npb.org 561-904-2128 PROPOSAL NUMBER: TS-136Rev1 South FL. Corporate Office 1180 SW 10th St. Delray Beach, FL 33444 561-588-0949 Paving Advisor Josh Marfleet T: +1 561-302-9361 E: jmarfleet@allcountypaving.com www.ALLCOUNTYPAVING.com Stephen Poh Village Of North Palm Beach 603 Anchorage Drive Village of North Palm Beach,FL 33408 spoh@village-npb.org 561-904-2128 PROPOSAL NUMBER: TS-136Rev1 South FL. Corporate Office 1180 SW 10th St. Delray Beach, FL 33444 561-588-0949 Paving Advisor Josh Marfleet T: +1 561-302-9361 E: jmarfleet@allcountypaving.com www.ALLCOUNTYPAVING.com Stephen Poh Village Of North Palm Beach 603 Anchorage Drive Village of North Palm Beach,FL 33408 spoh@village-npb.org 561-904-2128 PROPOSAL NUMBER: TS-136Rev1 South FL. Corporate Office 1180 SW 10th St. Delray Beach, FL 33444 561-588-0949 Paving Advisor Josh Marfleet T: +1 561-302-9361 E: jmarfleet@allcountypaving.com www.ALLCOUNTYPAVING.com PROPOSAL TOTAL We propose to furnish the material and perform the labor necessary for the completion of project in accordance to specifications, and subject to conditions stated herein for the sum of: $ 29,997.00 TOTAL OF SELECTED OPTIONS: CONTRACT TOTAL TO INCLUDE SELECTED OPTIONS: $ *Customer to enter $0.00 if no options selected $ AUTHORIZATION TOPROCEED & CONTRACT: All Prices quoted are valid for 30 days from the date of this proposal. This proposal price is based on work being completed during the hours of 7:00 AM and 6:00 PM, Monday-Friday, excluding holidays. Additional fees will apply if work is required to be completed at night or on the weekends. Please contact your sales representative for details. ACCEPTED: Prices, specifications, terms, and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. We agree to pay the total sum or balance in full upon completion of this project. Payment will be made as outlined below. PAYMENT TERMS:Payment Due Upon Completion BILLING INFORMATION: Billing Company & Contact Name: Billing Street Address: Billing City, State, Zip: Billing Phone Number: Billing Contact E-mail Select if email invoice is preferred _________________________________________Signature of Approval by Customer ____________________________________Printed Name & Title/Position ____________________________________Date Stephen Poh Village Of North Palm Beach 603 Anchorage Drive Village of North Palm Beach,FL 33408 spoh@village-npb.org 561-904-2128 PROPOSAL NUMBER: TS-136Rev1 South FL. Corporate Office 1180 SW 10th St. Delray Beach, FL 33444 561-588-0949 Paving Advisor Josh Marfleet T: +1 561-302-9361 E: jmarfleet@allcountypaving.com www.ALLCOUNTYPAVING.com TERMS AND CONDITIONS CUSTOMER INSTRUCTIONS AND INFORMATION Work Area Preparation 1. All County needs suitable access to the work area, and if it is dependent upon, or in conjunction with the work of others, such work shall be performed and completed prior to arrival, so All County can work uninterrupted in a single shift operation. 2. All vehicles must be removed from the work area no later than 7:15 am, unless otherwise agreed, to deliver the project work on schedule. 3. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call to remove cars from the scheduled work zone as necessary. The Customer is financially responsible for towing services and any created delays. If any cars are left on the area of work, All County Paving cannot beheld responsible for any damage to the vehicle. 4. All County Paving will not be responsible for persons entering the work area, tracking of materials or paint, or any damages to cars or persons trespassing in the designated areas. 5. Existing asphalt or concrete cracks with vegetation growing in them should be prepared with several treatments of weed killer prior to All County Paving arrival. 6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project. The surface must be dry for our arrival as areas where the newly sealed pavement is wet may wear prematurely. 7. Suspend lawn cutting during the work period. 8. Please make sure street sweepers are cancelled during the sealcoating projects and should not be used on newly sealcoated areas. 9. Dumpsters in the scheduled area must be removed or moved to another area. Dumpsters not moved, will be subject to additional fees. Customer Expectation 1. New pavement is susceptible to scuffing and marks until it has properly cured. 2. Large cracks in the existing asphalt may reflect through the new asphalt in time. 3. There will be a tire ‘tracking’-this cannot be avoided, but the tracking marks will disappear in time. 4. The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application. If sealcoat is desired later, All County Paving will be happy to quote you separately. 5. Sealcoating is not a crack filler. All existing cracks in the pavement will still be visible after sealcoating. 6. All County Paving cannot guarantee elimination of standing water. 7. All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of (1) year, excluding normal wear & tear. 8. All County guarantees all workmanship and materials for up to (1) year, excluding normal wear & tear. Warranty starts at conclusion of work and is not valid until payment has been made in full. 9. A certificate of Insurance will be issued upon request prior to commencement of work. CONTRACT TERMS AND CONDITIONS 1. Our proposals are limited to include items only, anything not specifically included is excluded from contract. Any alteration or deviation from proposal specifications involving extra costs,will be executed only upon written orders, and will become an extra charge over and above the estimate. 2. The proposal or contract provided, including all stated terms and conditions, shall become a legally binding attachment to any contract entered between All County Paving and the financially responsible company for which the work will be performed. 3. All County Paving recommends a Civil Engineer be retained for ADA upgrades. As such All County Paving makes no claim that ADA upgrades will meet any/all local,state and federal guidelines on ADA compliance. 4. For projects requiring city or county permits, All County Paving will coordinate the process and charge an Actual Permit & Procurement Fee of $495.00 per permit, plus actual cost of permit(s). Any additional work required by the permit(s) will be extra to the contract amount. 5. Any work performed by All County Paving which work is on public property, the (Client/Owner) agrees and understands that the project property which it owns shall be charged with all indebtedness here under. 6. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shall be entitled to collect its attorneys' fees and all costs of litigation from the other party, including appellate attorneys' fees. 7. All accounts past due will incur a finance charge of 18% per annum. 8. All County Paving reserves the right to withdraw the proposal at any time prior to the commencement of work should material price fluctuations rise significantly. 9. All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance. 10. Any additional mobilizations for Paving will be billed at a rate of $5,500.00 each. 11. Any additional mobilizations for Sealcoating will be billed at a rate of $1,750.00 each. 12. Delays to All County Paving of a Maintenance Crew shall be paid at a rate of $200.00 per half hour and delays to All County Paving of a Paving and/or Milling Crew shall be paid at a rate of $350.00 per half hour by the customer. 13. Any broken car stops will be replaced at an additional cost of $60.00 each. 14. There will be a charge of $47.50 above the Contract amount to dispose of used materials at an approved environmentally compliant waste facility. 15. Due to the fluctuations in the petroleum markets, All County Paving reserves the right to impose a fuel surcharge. 16. Reflective Pavement Markers are excluded from the warranty. Any additional reflective pavement markers that are required by the city code will be an additional charge of $10.00 each to the contract amount. 17. All County Paving will not be responsible for damage to grass, sod, irrigation or any other underground utilities. Excavated materials will be left in the islands/landscaped areas. 18. All County Paving will not be responsible for unforeseen conditions that arise;they may result in additional costs to the customer. 19. All County guarantees its’ sealer products against peeling or flaking of stable asphalt for a period of (1) year, excluding normal wear and tear. 20. Newly seal coated areas will be barricaded for 24-48 hours after project completion. It is the responsibility of the customer to keep the area clear to allow proper curing of the material. Failure to do so will void any warranty. 21. All County Paving guarantees all workmanship and materials for up to (1) year,excluding normal wear and tear. The warranty starts at the conclusion of work and is not valid until payment has been made in full. 22. All work is to be completed in a workmanlike manner according to standard practices. Our workers are covered by Workmen’s Compensation Insurance. Customer must initial here that they have read and accept the above Terms & Conditions ________________________________________________________________________________________________________ The School District of Palm Beach County, Florida A Top-Rated District by the Florida Department of Education Since 2005 An Equal Education Opportunity Provider and Employer Revised 4/14/16 THE SCHOOL DISTRICT DARCI GARBACZ MICHAEL J. BURKE OF PALM BEACH COUNTY, FLORIDA DIRECTOR CHIEF FINANCIAL OFFICER Purchasing Department 3300 Forest Hill Boulevard, Suite A-323 West Palm Beach, FL 33406-5813 Phone: (561) 434-8214 Fax: (561) 963-3823 www.palmbeachschools/.org/purchasing May 4, 2020 M&M Asphalt Maintenance Inc. d/b/a All County Paving 1180 SW 10th Street Delray Beach, FL 33444 Attn: Jeffrey Cohen Email: publicworks@allcountypaving.com Subject: Letter of Agreement Bid Number: 20C-46V Title: Paving and Drainage Services Contract Term: June 22, 2020 through June 21, 2023 Contact Information: Debra Hammerschlag, 561-434-8229 Dear Mr. Cohen: The School District of Palm Beach County, Florida, has accepted your offer to renew Bid Number 20C-46V to furnish services for the contract of Paving and Drainage Services . This acceptance is subject to compliance with the bid specifications, terms and conditions, all pertinent laws of the State of Florida and instructions as determined by the General Counsel for the School District. Please check your certificate of insurance (See Spec S REQUIREMENTS ) to confirm that it is current. If it is not current, please email us an updated original certificate of insurance to insurancecertificate@palmbeachschools.org, or fax to 561-963-3823 within seven (7) days of this notification. Your insurance company is required to have the School Board of Palm Beach County, Florida, NAMED AS AN ADDITIONAL INSURED AND MUST REFERENCE THE ABOVE BID NUMBER. Purchase orders may be issued to cover supplies / equipment / services (choose one) as the need arises. Purchase orders are your notification to proceed with fulfilling the School Districts request for supplies / equipment / services (choose one). Shipment without proper authorization may result in nonpayment. If you have any questions, please do not hesitate to call my office at 561-434-8229. Thank you for renewing your bid and we are looking forward to doing business with you and your company. Sincerely, Darci Garbacz, C.P.M., Director Purchasing Department CC: bid file Debra Hammerschlag, Purchasing Agent VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN 2022 - 2026 Strategic Result :Department : Quality of Life Parks & Recreation Project Name :Year(s) :2022 Osborne Park Basketball Courts Project Description : Link to Strategic Plan : Need, Justification, Benefits : Location & Area Map Project Photo Comments : Renovate the basketball courts at Osborne Park. The basketball court surface is in very poor condition. The current layout of the courts is not efficient due to the location of the west side door on the building. The existing baskets and poles are in need of replacement. The State of Florida Recreation Development Assistance Program (FRDAP) will provide 100% of the needed funding. This grant is for $50,000 and does not require a match from the Village. The project will renovate the condition of the surface and equipment at the basketball court. VILLAGE OF NORTH PALM BEACH CAPITAL IMPROVEMENT PLAN FINANCIAL INFORMATION 2022 - 2026 Project Name :Osborne Park Basketball Courts Strategic Result :Quality of Life Department :Parks & Recreation 2022 2023 2024 2025 2026 Total Project Budget : Land acquisition $0 Planning / Design 0 Engineering 0 Construction 50,000 50,000 Vehicle 0 Equipment 0 Other 0 Total Budget $50,000 $0 $0 $0 $0 $50,000 Funding Sources : General revenues $0 Impact fees 0 Grant revenues 50,000 50,000 Debt service 0 Infrastructure Surtax 0 Fund balance 0 Other 0 Total Revenues $50,000 $0 $0 $0 $0 $50,000 Operating Impact: Personnel $0 Operating 0 Capital 0 Other 0 Total Operating $0 $0 $0 $0 $0 $0 There may be operating efficiencies or avoidance of future costs that result from the improvements, but these impacts are not presently quantifiable and are believed to be marginal. This FRDAP grant does not require a financial match from the Village. Comment(s) Grant Information School District of Palm Beach County FL Solicitation No. 20C-46V RESPONSES ARE DUE PRIOR TO: Mar 23, 2020 RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: www.BidSync.com The School District of Palm Beach County is an Equal Education Opportunity Provider and Employer. https://www.palmbeachschools.org/cms/one.aspx?pageId=6165437 THE SCHOOL DISTRICT OF PALM BEACHCOUNTY PURCHASING DEPARTMENT3300 Forest Hill Boulevard, Suite A-323 West Palm Beach, FL 33406-5813 INVITATION TO BID Bidder Acknowledgement Vendor Name: M&M ASPHALT MAINTENANCE INC D/B/A ALL COUNTY PAVING Vendor Mailing Address: 1180 SW 10TH STREET DELRAY BEACH, FL 33444 E-Mail Address: PUBLICWORKS@ALLCOUNTYPAVING.COM Area Code / Telephone Number: PUBLICWORKS@ALLCOUNTYPAVING.COM Toll-Free Telephone Number: 5615880949 Fax Number: 561-588-2140 Web Address: WWW.ALLCOUNTYPAVING.COM FEID No. or SS #: 1180 SW 10TH STREET Delivery calendar days after receipt of order: 15 days ANTI-COLLUSION By electronically submitting your bid, the bidder certifies that they have not divulged, discussedor compared their bid with other bidders and have not colluded with any other bidder or partiesto a bid whatsoever. No premiums, rebates or gratuities permitted either with, prior to, or afterany delivery of material. Any such violation will result in the cancellation and/or return ofmaterials (as applicable) and the removal from the bid lists for the School District of Palm BeachCounty, Florida and I hereby certify that I have read and understand the requirements of thisInvitation to Bid and that I am duly authorized to execute this offer document and any contract(s)and/or other transaction by award of this bid. BID CERTIFICATION I further certify that I have read the entire contents of this Invitation to Bid document and agreeto full, complete and unconditional acceptance of the contents of this Invitation to Bid and allappendices and the contents of any Addendum released hereto. I further certify that by virtue ofexecuting and returning this Bidder Acknowledgement Form, I am submitting the followinginformation as this company's response. Name of Representative Submitting Bid: JEFFREY COHEN Title of Company Representative: EXECUTIVE VICE PRESIDENT Date: 3-20-20 Revised 1/9/14 GENERAL CONDITIONS FOR BIDS The General Conditions for Bids, Special Conditions, Specifications, Addenda, and/or any other pertinent documents form a part of the Invitation to Bid, and by reference are made a part thereof. 1. PURPOSE: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as listed herein for The School Board of Palm Beach County, Florida (hereinafter referred to as the “Board”), the corporate body politic that governs, operates, controls, and supervises the School District of Palm Beach County, Florida (hereinafter referred to as “District”). 2. ANTI-COLLUSION: By electronically submitting a bid, the bidder certifies that it has not divulged, discussed or compared its bid with other bidders and has not colluded with any other bidder or parties to a bid whatsoever. No premiums, rebates or gratuities are permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of materials (as applicable) and the removal of the bidder from all bid lists for the School Board of Palm Beach County, Florida. 3. BIDS: Bids will be received electronically through a secure site at BidSync.com until the date and time as indicated in this bid document. Bids will be opened publicly at the School District of Palm Beach County, Purchasing Department, 3300 Forest Hill Boulevard, Suite A-323, West Palm Beach, FL 33406-5813, and all bidders and general public are invited to attend. It is the sole responsibility of the bidder to ensure its bid reaches BidSync on or before the closing date and hour as indicated in this bid document. 4. CONTRACT: The submission of your bid constitutes a firm offer by the bidder. Upon acceptance by the Board, the Purchasing Department will issue a notice of award and purchase order(s) for any supplies, equipment and/or services as a result of this bid. The Invitation to Bid and the corresponding purchase order(s) will constitute the complete agreement between the successful bidder and the Board. Unless otherwise stipulated in the bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 5. WITHDRAWAL: When a bidder wishes to withdraw a bid, a written request shall be submitted to the Director of Purchasing and the request will be reviewed for consideration. In no case shall a bidder be granted a release from a bid more than one time in a two-year period. A bidder may not withdraw a bid after the final call for bids at a designated time of opening. 6. DEFAULT: In case of default by the bidder, the Board may procure the articles or services from other sources and hold the bidder responsible for any excess costs incurred thereby. 7. FUNDING OUT/ CANCELLATION OR TERMINATION WITH OR WITHOUT CAUSE: A. The School Board reserves the right to terminate this Contract for convenience, at any time and for no reason, upon giving thirty (30) days prior written notice to Bidder. If the Contract is terminated for convenience as provided herein, the School Board shall be relieved of all obligations under the Contract. The School Board will only be required to pay to the Bidder that amount of the Contract actually satisfactorily performed to the date of termination. The Bidder shall not be entitled under any theory to payment for work not actually performed or lost profits. B. If the Bidder materially breaches its obligations under this Contract, the Superintendent will provide written notice of the deficiency by forwarding a notice citing the specific nature of the material breach. The Bidder shall have thirty (30) days to cure the breach. If the Bidder fails to cure the breach within the thirty (30) day period, the Superintendent shall issue a Notice of Termination for Default. Once the Superintendent has notified the Bidder that it has materially breached its Contract with the School Board, the Superintendent shall recommend to the School Board that it terminates the Contract for Cause. Notwithstanding the foregoing, the School Board reserves the right to terminate this Contract immediately with cause if necessary to protect the health, safety, and/or welfare of the School District’s students or employees. The School Board shall review and consider the Superintendent’s recommendation and determine whether the Bidder should be suspended from doing future work with the School Board, and if so, for what period of time. The School Board will consider the seriousness of the breach in making a determination as to whether a Bidder should be debarred, and if so, for what period of time. The School Board will consider the seriousness of the breach in making a determination as to whether a Bidder should be debarred, and if so, for what period of time. Should the School Board terminate for default in accordance with this provision, the School Board shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. For purposes of this Section, a “material breach” shall be defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Contract. The Bidder shall have the option to terminate the Contract upon written notice to the Director of Purchasing. Such notice must be received at least sixty (60) days prior to the effective date of termination. Early termination of the Contract by the Bidder may result in removal from bidders/responder list and may result in Bidder being debarred. The debarment shall be for a period commensurate with the seriousness of the causes, generally not to exceed three (3) years. When the offense is willful or blatant, a longer term of debarment may be imposed, up to an indefinite period. C. Funding Out: Florida School Laws prohibit the Board or its designee from creating obligations on anticipation of budgeted revenues from one fiscal year to another without year-to-year extension provisions in the contracts. It is necessary that fiscal funding out provisions be included in all bids in which the terms are for periods of longer than one year. Therefore, the following funding out provisions are an integral part of this Invitation to Bid and must be agreed to by all bidders: The Board or its designee may, during the contract period, terminate or discontinue the items covered in this bid for lack of appropriated funds upon the same terms and conditions. Such prior written notice will state: 1. That the lack of appropriated funds is the reason for termination, and 2. Board agrees not to replace the equipment or services being terminated with equipment and services with functions similar to those performed by the equipment covered in this bid from another vendor in the succeeding funding period. “This written notification will thereafter release the School Board of Palm Beach County, Florida of all further obligations in any way related to such equipment covered herein”. When any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail/Federal Express/United Parcel Service or other traceable method, postage prepaid, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving notice: To School Board: Director of Purchasing Department The School District of Palm Beach County 3300 Forest Hill Blvd., Suite A323 West Palm Beach, FL 33406 With a copy to: Inspector General The School District of Palm Beach County 3300 Forest Hill Blvd., Suite C306 West Palm Beach, FL 33406 To Contractor: 8. BIDDERS’ RESPONSIBILITY: Before submitting its bid, each bidder is required to carefully examine the Invitation to Bid delivery schedule, bid prices and extensions, insurance requirements, licensing requirements, bid closing date and time and to completely familiarize itself with all of the terms and conditions that are contained within the Invitation to Bid. Failure to do so on the part of the bidder will in no way relieve it of any of the obligations and responsibilities which are a part of the Invitation to Bid. The Board objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent’s response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of award by the Board or time stated in special conditions. 9. AWARDS: In the best interest of the District, the Purchasing Department reserves the right to reject any and all bids and to waive any minor irregularity in bids received; to accept any item or group of items unless qualified by bidder; to acquire additional quantities at prices quoted on the Invitation to Bid unless additional quantities are not acceptable, in which case the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". All awards made as a result of this bid shall conform to applicable Florida Statutes. 10. THE JESSICA LUNSFORD ACT: All awarded bidders who are permitted access on school grounds when students are present, who may have direct contact with any student of the District, or who may have access to or control of school funds must be fingerprinted and background checked. Awarded bidder agrees to undergo a background check and fingerprinting if he/she is an individual who meets any of the above conditions and to require that all individuals in the organization who meet any of the conditions to submit to a Level 2 FDLE background check and FBI screening, including fingerprinting by the School District’s Police Department, at the sole cost of Awarded bidder. The report of the results will be immediately transmitted to the School District’s Police Department, which shall be the sole determiner of clearance. Awarded bidder shall not begin providing services contemplated by the Invitation to Bid until Awarded bidder receives notice of clearance by the School District and is issued School District badges. Compliance requiring all awarded bidders to register as a visitor before entering school property and proper display of School District badges will be strictly enforced. Neither the Board, nor its members, officers, employees, or agents, shall be liable under any legal theory for any kind of claim whatsoever for the rejection of Awarded bidder (or discontinuation of Awarded bidder’s services) on the basis of these compliance obligations. Awarded bidder agrees that neither the Awarded bidder, nor any employee, agent or representative of the Awarded bidder who has been convicted or who is currently under investigation for a crime delineated in section 435.04, Florida Statutes, will be employed in the performance of the contract. 11. DISQUALIFYING CRIMES: The bidder certifies by submission of this bid that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by the State of Florida or Federal Government. Further, the bidder certifies that it will divulge information regarding any of these actions or proposed actions with other governmental agencies. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not provide any goods or services or transact business with The School District of Palm Beach County, Florida for a period of 36 months from the date of being placed on the convicted vendor list. 12. ADVERTISING: In submitting a bid, bidder agrees not to use the results therefrom as a part of any commercial advertising without prior approval of the District. 13. LOBBYING: Bidders are hereby advised that they are not to lobby with any district personnel or board members related to or involved with this bid until the administration's recommendation for award has been posted at BidSync.com, and at the Fulton Holland Educational Services Center, Purchasing Department area. All oral or written inquiries must be directed through the Purchasing Department. Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of a board member or district personnel after advertisement and prior to the posted recommendation on the award of the Contract. Any bidder or any individuals that lobby on behalf of bidder during the time specified will result in rejection / disqualification of said bid. 14. GOVERNING LAW AND VENUE: The Contract Documents shall be construed in accordance with the laws of the State of Florida, without regard to conflict of laws provisions. If any litigation shall result from the Contract Documents, the parties shall submit to the jurisdiction of the State Courts of the 15th Judicial Court and exclusive venue shall lie in Palm Beach County, Florida. BY ENTERING INTO THIS AGREEMENT, VENDOR AND SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 15. TAXES: The School District of Palm Beach County, is exempt from any taxes imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8013897253C-1 and Federal Excise Tax No. 59-600783 appears on each purchase order. This exemption does not apply to purchase of tangible personal property made by contractors who use the tangible personal property in the performance of contracts for the improvements of School District-owned real property as defined in Chapter 192, Florida Statutes. 16. ASSIGNMENT: The successful bidder shall not sub-contract, assign, transfer, convey, sublet, or otherwise dispose of the contract, or of any or all of its rights, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the Board. 17. TERMINATION: This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may be terminated for cause for reasons including, but not limited to, Vendor’s repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work; or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the Vendor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created to Section 215.473, Florida Statutes, or if the Vendor provides a false certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated for convenience by the School District of Palm Beach County, Florida In the event this Agreement is terminated for convenience, Vendor shall be paid for any goods or services properly performed under the Agreement through the termination date specified in the written notice of termination. Vendor acknowledges and agrees that it has received good, valuable and sufficient consideration from The School Board of Palm Beach County, Florida, the receipt and adequacy of which are, hereby acknowledged by Vendor, for The School Board of Palm Beach County, Florida’s right to terminate this agreement for convenience. 18. SUBCONTRACTING: If an awarded bidder intends to subcontract any portion of the Contract for any reason, the name and address of the subcontracting firm must be submitted along with the bidder’s bid or prior to use for approval. No subcontracting will take place prior to bid-awarded bidder furnishing this information and receiving written approval from the District. The Purchasing Department reserves the right to reject a subcontractor who previously failed in the proper performance of a contract or failed to deliver on-time contracts of a similar nature, or who, the District has determined in its sole discretion, is not in the position to perform the contract due to the subcontractor’s size, experience, or resources. The District reserves the right to inspect all facilities of any subcontractor in order to make determination as to the foregoing. The subcontractor will be equally responsible for meeting all requirements specified in the Invitation to Bid. 19. DEBARMENT: The Board shall have the authority to debar a person / corporation for cause for consideration or award of future contracts. The debarment shall be for a period commensurate with the seriousness of the causes, generally not to exceed three (3) years. When the offense is willful or blatant, a longer term of debarment may be imposed, up to an indefinite period. 20. REQUIREMENTS FOR PERSONNEL ENTERING DISTRICT PROPERTY: Possession of firearms will not be tolerated in or near school buildings; nor will violations of Federal and State laws and any applicable Board policy regarding Drug Free Workplace be tolerated. Violations will be subject to the immediate termination provision heretofore stated in Paragraph 16, Legal Requirements. "Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive device; or any machine gun. No person who has a firearm in their vehicle may park their vehicle on District property. Furthermore, no person may possess or bring a firearm on District property. If any employee of an independent contractor or sub-contractor is found to have brought a firearm on District property, said employee must be terminated from the Board project by the independent contractor or sub-contractor. If the sub-contractor fails to terminate said employee, the sub-contractor's agreement with the independent contractor for the Board project shall be terminated. If the independent contractor fails to terminate said employee, the independent contractor's agreement with the Board shall be terminated. Bidders are advised that they are responsible to ensure that no employee, agent or representative of their company who has been convicted or who is currently under investigation for a crime against children in accordance with section 435.04, Florida Statutes, will enter onto any school site. 21. PRODUCT RECALL: In the event the awarded bidder receives notice that a product delivered by the awarded bidder to the District has been recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by any State or Federal regulatory agency, the awarded bidder shall notify the District’s Bid Purchasing Agent within two business days of receiving such notice. The District’s acceptance or failure to reject the affected product as non-conforming shall not in any way impact, negate, or diminish the awarded bidder’s duty to notify the District’s Purchasing Agent that the affected product has been recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption. The form and content of such notice to the District shall include the name and description of the affected product; the approximate date the affected product was delivered to the District; the bid number; and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the District, if necessary to protect the health, welfare, and safety of District students or employees; and any health hazards known to the awarded bidder which may be caused or created by the affected product. The awarded bidder shall, at the option of the Purchasing Department and/or Purchasing Agent, either reimburse the purchase price or provide an equivalent replacement product at no additional cost to the District. Unless it was absolutely necessary for the District to dispose of the affected product, the awarded bidder shall be responsible for removal and/or replacement of the affected product within a reasonable time, as determined by the District, without causing significant inconvenience to the District. At the option of the District, the awarded vendor may be required to reimburse storage and/or handling fees to be calculated from time of delivery and acceptance to actual removal or disposal. The awarded vendor will bear all costs associated with the removal and proper disposal of the affected product. The failure to reimburse the purchase price and storage and/or handling fees or to remove and/or replace the affected product with an equivalent replacement within a reasonable time without significant inconvenience to the District will be considered a default. 22. USE OF OTHER CONTRACTS: The District reserves the right to utilize any other District contract, any State of Florida Contract, any contract awarded by any other city or county governmental agencies, any other school board, any other community college/state university system cooperative bid agreement, or to directly negotiate/purchase per School Board policy and/or State Board Rule 6A-1.012(6) in lieu of any offer received or award made as a result of this bid, if it is in the best interest to do so. The District also reserves the right to separately bid any single order or to purchase any item on this bid if it is in its best interest to do so. 23. JOINT-BIDDING, COOPERATIVE PURCHASING AGREEMENT: All bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to all State Agencies and Political Subdivisions of the State of Florida under the same conditions, for the same prices and for the same effective period as this bid, should the bidder(s) deem it in the best interest of their business to do so. This agreement in no way restricts or interferes with any state agency or political subdivision of the State of Florida to rebid any or all items. 24. FAILURE TO DELIVER: Failure to deliver as specified and at bid price will authorize the Board to purchase these items or services from other sources and hold the bidder responsible for any excess costs incurred thereby. Further, the Purchasing Department may recommend to the School Board that the vendor failing to deliver as specified be removed as a future bidder on all bids for a period of up to three years. 25. ANTI-DISCRIMINATION: The Bidder certifies that they are in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375 relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. The provisions of the ADA Act of 1990 pertaining to employment shall also be applicable. The Bidder shall not discriminate on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring, or treatment of sub-contractors, vendors, suppliers, or commercial customers. The Bidder shall provide equal opportunity for sub-contractors to participate in all of its public sector and private sector sub- contracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace, such as those specified in the Palm Beach County School Board Policy 6.143. The Bidder understands and agrees that violation of this clause is a material breach of the contract and may result in contract determination, debarment, or other sanctions. 26. COMPLAINT NOTIFICATIONS: As part of its bid, Bidder shall provide to the District a list of all instances within the past ten (10) years where a complaint was filed against Bidder in a legal or administrative proceeding, regardless of whether the complaint has been resolved or is currently pending, alleging that Bidder discriminated against an employee, independent contractor, subcontractor, vendor, supplier, or commercial customer on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability, in violation of applicable Federal and/or Florida law. The Bidder must provide a description of each of the complaint(s) and: (i) the terms of resolution of all adjudicated/settled complaints, including any remedial action taken by Bidder; and (ii) the status of, and Bidder’s response to, all pending complaints. The School District will consider a Bidder’s complaint history information in its review and determination of responsibility. The failure of a Bidder to comply with the requirements in this Section will result in Bidder being deemed non-responsive by the Director of Purchasing. If no complaints have been filed within 10 years, please so state on Company Letterhead and upload with your response as proof. 27. CONTRACT DISCLOSURE: Upon the District’s request, and upon the filing of a complaint against awarded bidder pursuant to Palm Beach County School Board Policy 6.144, awarded bidder agrees to provide the District, within sixty calendar days, a truthful and complete list of the names of all subcontractors, vendors, and suppliers that bidder has used in the past five years on any of its contracts that were undertaken within the District relevant geographic market as defined in Palm Beach County School Board Policy 6.143, including the total dollar amount paid by bidder for each subcontract or supply contract. Awarded bidder agrees to fully cooperate in any investigation conducted by the District pursuant to this Policy. Bidder understands and agrees that violation of this clause is a material breach of the Contract and may result in contract termination, debarment, and other sanctions. 28. INDEMNIFICATION AND HOLD HARMLESS: Bidder shall, in addition to any other obligation to indemnify The School Board of Palm Beach County, Florida and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the School Board, its agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged; A. bodily injury, sickness, disease or death, or injury to or destruction of tangible property including theloss of use resulting there from, or any other damage or loss arising out of, or claimed to haveresulted in whole or in part from any actual or alleged negligent act or omission of the vendor,Contractor, subcontractor, anyone directly or indirectly employed by any of them, or anyone forwhose acts any of them may be liable in the performance of the work; or B. violation of law, statute, ordinance, governmental administration order, rule or regulation byContractor in the performance of the work; or C. liens, claims or actions made by the vendor or any subcontractor or other party performing the work;or D. claims by third parties (including, but not limited to, Contractor’s employees or subcontractors)based upon an alleged breach by Contractor of any agreement with such third party (e.g., anemployment agreement or licensing agreement), or allegation that Contractor’s provision ofservices to the School Board pursuant to the Contract infringes upon or misappropriates a patent,copyright, trademark, trade secret, or other proprietary right of the third party. The indemnification obligations hereunder shall not be limited to any limitation on the amount, type ofdamages, compensation or benefits payable by or for the vendor of any subcontractor under workers'compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Bidder recognizes the broad nature of this indemnification and hold harmless article, and voluntarilymakes this covenant for good and valuable consideration provided by the School Board in support ofthis indemnification in accordance with the laws of the State of Florida. This article will survive thetermination of this Contract. 29. BRAND NAMES: Use of a brand name, trade name, make, model, manufacturer, or vendor catalog number in specifications is for the purpose of establishing a grade or quality of material only. It is not the District's intent to rule out other competition, therefore, the phrase OR ACCEPTABLE EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to submit with the bid brochures, samples and/or detailed specifications on items bid. The District shall be the sole judge concerning the merits of bid submitted. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specific COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. Seller agrees to hold the purchaser harmless from any and all liability, loss or expense occasioned by any such violation. 30. MANUFACTURER'S CERTIFICATION: The District reserves the right to request from bidders separate manufacturer certification of all statements made in the response to Invitation to Bid. 31. OCCUPATIONAL HEALTH AND SAFETY: Bidder, as a result of award of the bid, delivering any toxic substances item as defined in Code of Federal Regulation Chapter 29, shall furnish to the Purchasing Department, a Material Safety Data Sheet (MSDS). The material safety data sheet shall be provided with initial shipment and shall be revised on a timely basis as appropriate. The MSDS must include the following information: A. The chemical name and the common name of the toxic substance. B. The hazards or other risks in the use of the toxic substance, including: (1) The potential for fire, explosion, corrosively and reactivity; (2) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and (3) The primary routes of entry and symptoms of overexposure. C. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances including appropriate emergency treatment in case of overexposure. D. The emergency procedure for spills, fire, disposal and first aid. E. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. F. The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center Circle West, Tallahassee, FL 32301-5014, Telephone 1-800-367-4378. 32. OSHA: The bidder warrants that the product/services supplied to the School District of Palm Beach County shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. 33. LEGAL REQUIREMENTS: Federal, State, County and local laws, ordinances, rules and regulations as well as School Board policies that in any manner affect the items covered by this Purchase Order herein apply and must be adhered to by the vendor. Specifically, bidder(s) is to adhere to School Board Policies 3.12 and 3.13, pursuant to the following, with respect to any criminal arrests and convictions, and is on notice thereto that any employees involved in any Chapter 435, Florida Statutes offenses are precluded from continuing to work on the project and must be replaced. Failure to comply may result in the immediate termination of the awarded bidder’s contract at the sole discretion of the District. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. In addition, if applicable, vendor compliance is required for the following: Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, as amended. 34. GOVERNMENT FUNDING: Funding for this Agreement and the individual POs may be provided in whole or in part by one or more U.S. Government funding agencies. As a result, Vendor shall comply with the applicable laws and regulations listed below, the entire terms and conditions of which are fully incorporated herein: Rights to Inventions Made Under a Contract or Agreement Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c) Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) Byrd Anti-Lobbying Amendments (31 U.S.C. 1352) Energy Policy and Conservation Act (42 U.S.C. 6201) Recovered Materials - Must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and Environmental Protection Agency (EPA) at 40 CFR part 247. 35. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extend total. Prices must be stated in units of quantity specified in bid specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices FOB destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). If a bidder offers a discount, it is understood that a minimum of 30 days will be required for payment, and the discount time will be computed from the date of satisfactory delivery at place of acceptance and receipt of correct invoice at the office specified. 36. CONDITIONS AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of the bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 37. UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be UL listed or re-examination testing where such has been established by UL for the items offered and furnished. 38. DELIVERY: Unless actual date of delivery is specified, show number of days required to make delivery after receipt of purchase order in space provided. Delivery time may become a basis for making an award (See Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays unless otherwise specified on the purchase order. 39. QUALITY: The items bid must be new and equal to or exceed specifications. The manufacturer's standard guarantee shall apply. During the guarantee period the successful bidder must repair and/or replace the unit without cost to the District with the understanding that all replacements shall carry the same guarantee as the original equipment. The successful bidder shall make any such repairs and/or replacements immediately upon receiving notice from the District. 40. SAMPLES, DEMONSTRATIONS AND TESTING: A. Samples of items, when required, must be furnished free of expense and if not destroyed, will upon request, be returned at the bidder's expense. Request for the return of the samples must be indicated on his or her bid. Each individual sample must be labeled with bidder's name, bid number and item number. Failure of bidder to either deliver required samples or to clearly identify samples as indicated may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Purchasing Department, School District of Palm Beach County. B. When required, the District may request full demonstrations of any units bid prior to the award of any contract. C. Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or an independent testing laboratory. Bidders shall assume full responsibility for payment for any and all charges for testing and analysis of any materials offered or delivered that do not conform to the minimum required specifications. Bidder's disposition of all items delivered in this category must be at no expense to the District. 41. INSPECTION AND ACCEPTANCE OF GOODS: The awarded bidder shall be responsible for delivery of items in good condition at point destination. Bidder shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The District will note, for the benefit of successful bidder, when packages are not received in good condition. In the event the material and/or services supplied to the District is found to be defective or does not conform to specifications, the District reserves the right to cancel the order upon written notice to the seller and return the product to seller at the seller's expense. 42. LIABILITY, INSURANCE, LICENSES, AND PERMITS: Where bidders are required to enter or go onto District property to deliver materials or perform work or services as a result of bid award, the bidder will assume the full duty obligation and expense of obtaining all necessary licenses, permits and insurance. Bidder shall be liable for any damage or loss to the District incurred by bidder, bidder's employees, licensees of the bidder or agent or any person the bidder has designated in completion of his or her contract as a result of the bid; further bidder shall be liable for all activities of bidder occasioned by performance of the Contract. Notwithstanding the foregoing, the liability herein shall be limited to ten million dollars ($10,000,000) and the bidder recognizes that and covenants that it has received consideration for indemnification provided herein. 43. SPECIFICATIONS: Any omissions of detail specifications stated herein that would render the materials/service from use as specified will not relieve the bidder from responsibility. 44. BID BONDS AND PERFORMANCE BONDS: Bid bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. Bid bonds will be returned to unsuccessful bidders. After award of contract, the District will notify the successful bidder to submit a performance bond in the amount specified in Special Conditions. Upon receipt of the performance bond, the bid bond will be returned to the successful bidder. 45. QUANTITIES: The quantities shown are estimates of the quantity of items expected to be purchased during the term of award. Actual quantities purchased may often exceed or be less than quantities shown. Orders will be placed as needed by individual locations during the contract period. The bidder agrees that the price(s) offered shall be maintained irrespective of the quantity actually purchased. 46. ORDERING PROCEDURE: Specific Items: After approval of Contract award by the Board, a letter of contract acceptance will be issued to each successful bidder acknowledging which goods or services have been awarded. Separate purchase orders will be issued based on specific items at firm, fixed prices listed in the bid. Percent Discount Catalog Bids: Separate purchase orders will be issued with pricing based on catalog and/or price lists. No item may be shipped or service performed that is not listed on the purchase order. 47. POSTING OF BID AND SPECIFICATIONS: Invitation to Bid with specifications will be posted for review by interested parties at BidSync.com on the date of bid electronic mailing and will remain posted for a period of 72 hours. Failure to file a specification protest within the time prescribed in section 120.57(3), Florida Statutes, will constitute a waiver of proceedings under Chapter 120, Florida Statutes, and applicable Board rules, regulations and policies. 48. BID PROTEST: If a bidder wishes to protest a bid, they must do so in strict accordance with the procedures outlined in section 120.57(3), Florida Statutes, the Invitation to Bid, and School Board Policy 6.14. Any person who files an action protesting bid specifications, a decision or intended decision pertaining to this bid pursuant to section 120.57(3)(b), Florida Statutes shall post with the Purchasing Department, at the time of filing the formal written protest, a bond secured by an acceptable surety company in Florida payable to The School Board of Palm Beach County, Florida in an amount equal to one percent (1%) of the total estimated contract value, but not less than $500.00 nor more than $5,000.00. Bond shall be conditioned upon the payment of all costs that may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier's check, certified bank check, bank certified company check or money order will be acceptable form of security. If, after completion of the administrative hearing process and any appellate court proceedings, the District prevails, it shall recover all costs and charges included in the final order of judgment, including charges by the Division of Administrative Hearings. Upon payment of such costs and charges by the protester, the protest security shall be returned. 49. TIE BID: According to FS 287.087, in the event of a tie, preference shall be awarded to vendors with Drug Free Work Place programs. Whenever two or more responses are equal with regard to price, quality, and service, a bid received from a business that certifies that it has implemented a Drug Free Work Place program shall be given preference in the award process. In the event both vendors have a Drug Free Work Place program, preference shall be awarded to the vendor who is certified as an SBE certified vendor with the School District. If both vendors meet all three requirements, according to standard purchasing practice, the tie will be resolved by a coin toss. The vendor whose company’s name comes first in the alphabet will be assigned “heads” and the second vendor will be assigned “tails”. The coin will be tossed a minimum of three times. The vendor whose side of the coin selected wins two out of three times will be the named as the first ranked proposer and recommended for award. In the event of a 3-way (or more) tie, the vendor’s company name will be chosen in a drawing. 50. INTERPRETATIONS: Neither BidSync nor any employee of the District is authorized to interpret any portion of the Invitation to Bid or give information as to the requirements of the bid in addition to that contained in the written bid document. Interpretations of the bid or additional information as to its requirements, where necessary, shall be communicated to bidders by written addendum. 51. SPECIAL CONDITIONS: To the extent that any conflict exists between the provisions of the General Conditions, the Special Conditions, and bidder’s proposal, the order of precedence to resolve a conflict shall apply: 1) the Special Conditions, 2) the General Conditions, and all exhibits thereto, including any addenda, 3) Contractor’s response to the ITB, including any appendix and exhibits. 52. DISPUTE RESOLUTION: As a condition precedent to a party bringing any suit for breach of contract related to this bid, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The existence of a dispute shall not excuse the parties from performance pursuant to this bid. This remedy is supplemental to any other remedies available at law. 53. WAIVER PROVISION: The parties agree that each requirement, duty and obligation set forth herein is substantial and important to the formation of this bid and, therefore, is a material term hereof. Any party’s failure to enforce any provision of this bid shall not be deemed a waiver of such provision or modification of this bid. A waiver of any breach of a provision of this bid shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this bid. 54. Trade Secrets: Upon receipt, all submittals become Public Records and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. By submitting its bid, Bidder understands and waives any claim of confidentiality, including trade secrets, to its pricing and/or cost of service related submittals. Any Bidder that intends to assert that certain materials are exempt from public disclosure under Chapter 119, Florida Statutes must submit the documents in a separate bound document or file labeled “Name of Firm, Attachment to Proposal Package. Bid# - Confidential Matter.” In addition, the firm must identify the specific statute that authorizes the exemption from Chapter 119, Florida Statutes. CD or DVDs included in a submittal must also comply with this requirement and the firm must separate any CD or DVDs claimed to be confidential. Any claim of confidentiality on materials that the Proposer asserts to be exempt and placed elsewhere in the submittal will be considered waived by the Proposer upon submission, upon opening. The School District will provide Proposer with prompt notice by phone and/or email of any request for public records in which that Proposer has claimed an exemption information being a Trade Secret so that the Proposer may see, at its sole expense, an appropriate protective order from a court of competent jurisdiction. In the event the Proposer elects not to seek an appropriate protective order or is unable to obtain such an order within no later than ten (10) business days following receipt of notice, the Proposer agrees and consents that the School District shall be permitted to respond to the public records request with the response not being deemed a breach by the School Board of its obligations under the Agreement or the Florida Statutes governing Trade Secret exemptions. The Proposer would then be waiving any rights relating to Trade Secrets under Florida Law. Proposer agrees to defend, indemnify, and hold harmless the School District and School Board and the School District’s officers, employees, School Board members, and agents, against any loss, damages, judgements, attorneys’ fees or cost incurred by School Board as a result of the School District’s providing the records in response to the public records request or withholding them based on Proposer’s assertion of the Trade Secret exemption. The indemnification provisions survive the School Board’s award of the contract and remain as long as the trade secret data is in the possession of the School Board. Certification for E-Verify VENDOR hereby certifies compliance with the following: Vendor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility ofall new employees hired by Vendor while performing work or providing services for the School Board of Palm BeachCounty, Florida. Vendor shall also include in any related subcontracts a requirement that subcontractors performing workor providing services for the School Board of Palm Beach County, Florida on its behalf utilize the E Verify system toverify the employment eligibility of all new employees hired by subcontractors. VENDOR: M&M Asphalt Maintenance Inc.,dba All County PavingBusiness Name Jeffrey CohenSignature Name: Jeffrey CohenPrinted Name: Executive Vice PresidentPrinted Title 3-17-20Date SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT AREA REPRESENTATIVE Please list the contact for this contract Add additional forms if necessary Vendor Name: M&M ASPHALT MAINTENANCE INC D/B/A ALL COUNTY PAVING Area Representative: JEFFREY COHEN Address: 1180 SW 10TH STREET City/Zip Code: DELRAY BEACH Email Address: PUBLICWORKS@ALLCOUNTYPAVING.COM Telephone: 5615880949 Cell Phone 5613029361 Fax Number: 5615882140 Emergency Number: 5615880949 SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT DEBARMENT CERTIFICATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722- 4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (Before Completing Certification, Read Instructions on Following Page) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. Organization Name: M&M ASPHALT MAINTENANCE INC D/B/A ALL COUNTY PAVING Solicitation Number or Project Name: 20C-46V Name of Authorized Representative: JEFFREY COHEN Title of Representative: EXECUTIVE VICE PRESIDENT Date: 3-23-20 INSTRUCTION CERTIFICATIONS 1. By electronic submission of this the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage section so rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which is determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. THE SCHOOL DISTRICT OF PALM BEACH COUNTY Drug-Free Workplace Certification Preference must be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities ofthe State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs. Whenever twoor more bids which are equal with respect to price, quality, and service are received by the State or by any politicalsubdivision for the procurement of commodities or contractual services, a bid received from a business that certifiesthat it has implemented a drug-free workplace program shall be given preference in the award process.Established procedures for processing tie bids will be followed if none of the tied vendors 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 thatwill 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 adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, andthe 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 thecommodities or contractual services that are under bid, the employee will abide by the terms of thestatement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, anyviolation of chapter 893 or of any controlled substance law of the United States or any state, for a violationoccurring 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 rehabilitationprogram 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 thissection. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. JEFFREY COHEN 3-20-20 VENDOR’S SIGNATURE DATE M&M ASPHALT MAINTENANCE INC D/B/A ALL COUNTY PAVING COMPANY NAME PBSD 0580 (Rev. 4/8/2003) ORIGINAL - Purchasing Department SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT EARLY PAYMENT TERMS Bid number/Name: 20C-46V Term Contract for Paving and Drainage Vendor Name: M&M Asphalt Maintenance Inc.,dba All County Paving If vendor chooses not to participate in Early Payment Terms, please acknowledge by placing N/A here ➙ . EARLY PAYMENT: Specify terms and discount for early payment. Check which terms you will be willing to provide for the duration of this contract to the School District. 0.5% 10 net 30 * 0.75% 5 net 30 * * Upon receipt of invoice by the School District of Palm Beach County Accounts Payable Department. Note: Updating to these terms will affect all of your District payments. If you choose to revise these terms at a later date, the terms will affect all of your payments from the District. Rev. 4/4/13 The School District of Palm Beach County SMALL BUSINESS ENTERPRISE (SBE) CERTIFICATION INFORMATION Cerfic aon applicaons ar e available through the Office of Diversity in Business Pracces: hp://w ww.palmbeachschools.org/diversityinbusiness Office of Diversity in Business Pracces School District of Palm Beach County 3300 Summit Boulevard West Palm Beach, FL 33406 Phone: (561) 681-2403 Are you an SBE vendor cerfied b y the School District of Palm Beach County? YES* NO * If yes, please provide your cerfic aon in formaon belo w and a ach a copy of your cerfic aon: Cerfic aon Expiraon Da te: Ethnicity Classificaon: If you are not a cerfied SBE v endor and intend to sub-contract with a cerfied SBE firm(s), please list the vendors and the esma ted dollar value below: Vendor Line Design Solu ons Es mated Dollar Value $ 75000 $ $ PROPOSER'S STATEMENT OF PRINCIPAL PLACE OF BUSINESS(Must be completed & submitted with each competitive solicitation) Name of Proposer: M&M Asphalt Maintenance Inc.,dba All County PavingIdentify the state in which the Proposer has its principal place of business: FloridaProceed as follow: IF your principal place of business above is located within the State of Florida, the Proposermay sign below and attach to your solicitation. No further action is required. IF your principal place of business isoutside of the State of Florida the following must be completed by an attorney and returned with your solicitation.Failure to comply shall be considered to be non-responsive to this solicitation. OPINION OF OUT-OF-STATE BIDDER'S ATTORNEY ON BIDDING PREFERENCES(To be completed by the Attorney for an Out-of-State Proposer)NOTICE: Section 287.084(2), Fla. Stat., provides that "a vendor whose principal place of business is outside this statemust accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed topractice law in that foreign state, as to the preferences, if any or none, granted by the law of that state [or politicalsubdivision thereof] to its own business entities whose principal places of business are in that foreign state in the letting ofany or all public contracts." See also: Section 287.084(1), Fla. Stat. LEGAL OPINION ABOUT STATE BIDDING PREFERENCES(Please Select One) The Proposer's principal place of business is in the State of and it is my legal opinion that the laws of that state do notgrant a preference in the letting of any or all public contracts to business entities whose principal places of business are inthat state. The Proposer's principal place of business is in the State of and it is my legal opinion that the laws of that state grantthe following preference(s) in the letting of any or all public contracts to business entities whose principal places ofbusiness are in that state: [Please describe applicable preference(s) and identify applicable state law(s)]: LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES(Please Select One) The Proposer's principal place of business is in the political subdivision of Palm Beach Countyand it is my legalopinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts tobusiness entities whose principal places of business are in that political subdivision. The Proposer's principal place of business is in the political subdivision of and the laws of that political subdivisiongrant the following preference(s) in the letting of any or all public contracts to business entities whose principal placesof business are in that political subdivision: [Please describe applicable preference(s) and identify applicable authoritygranting preference(s)]:Signature of out-of-state Proposer's attorney: n/aPrinted name of out-of-state Proposer's attorney: n/aAddress of out-of-state bidder's attorney: n/aTelephone Number of out-of-state bidder's attorney: () Email address of out-of-state bidder's attorney: n/aAttorney's states of bar admission: n/aProposer's Printed Name: n/aSignature n/aCompany Name: n/a SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT REFERENCES Vendor Name: Bid number/Name: This information will be used in the evaluation of this bid. List a minimum number of required references as stated in the Special Conditions which show experience in similar work, to include nature and scope of work, which demonstrates an expertise in providing the services as stated herein. Provide scope of work, contact name, addresses, telephone numbers and dates of service. Reference 1 – New Customer (one year or less) Name of Firm: School District of Palm Beach County Scope of Work: Annual Contract for Paving Services to include associated work Cost of Service: Approx. $500,000/year Date of Service: 2013 - 2020 Contact Person: Debra Hammerschlag Email: debra.hammerschlag@palmbeachschools.org Phone #: 561-434-8229 Address: School District of Palm Beach County 3300 Forest Hill Blvd., Suite A-323 West Palm Beach, FL 33406 Reference 2 – Past Customer (currently not doing business) Name of Firm: City of Sunrise Scope of Work: Annual Contract for Paving Services to include associated work Cost of Service: Approx. $500,000/year Date of Service: 2017-Current Contact Person: Robert Diaz Email: rdiaz@sunrisefl.gov Phone #: 561-572-2487 Address: 10770 W Oakland Park Blvd, 3rd Floor, Sunrise, FL 33351 Reference 3 – Repeat or Long Term Customer Name of Firm: City of Lake Worth Scope of Work: Annual Contract for Paving Services to include associated work Cost of Service: $2,000,000.00 Date of Service: 2018-Current Contact Person: Felipe Lofaso Email: flofaso@LakeWorth.org Phone #: 561-586-1720 Address: City of Lake Worth Beach – Public Services Dept. 1749 3rd Avenue South Lake Worth, FL 33460 Reference 4 – Repeat or Long Term Customer Name of Firm: City of West Palm Beach Scope of Work: Annual Contract for Paving Services to include associated work Cost of Service: $1,000,000.00 Date of Service: 2015-Current Contact Person: Lina Camacho Email: lcamacho@wpb.org Phone #: 561-494-1129 Address: City of West Palm Beach Engineering Services 401 Clema s Street, 4th Floor P.O. Box 3366 West Palm Beach, FL 33402 Reference 5 – Repeat or Long Term Customer Name of Firm: City of Fort Lauderdale Scope of Work: Annual Contract for Paving Services to include associated work Cost of Service: $1,000,000.00 Date of Service: 2017-Current Contact Person: Barbara Howell Email: BHowell@fortlauderdale.gov Phone #: 954-828-4505 Address: 100 N. Andrews Ave. 4th Floor Ft. Lauderdale . Fl 33301 SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT 3300 Forest Hill Blvd, Suite A-323 West Palm Beach, FL 33406-5813 REQUIRED RESPONSE FORM This information package should be submitted to BidSync for the School District of Palm Beach County, Purchasing Department. Information Packages are due and will be opened at this time. Anti-Collusion Statement / Public Domain I, the undersigned responder(s), have not divulged, discussed, or compared this information package with any other responder(s), and have not colluded with any other Responder(s) in the preparation of this information package in order to gain an unfair advantage in the award of this information package. I acknowledge that all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, F.S. Information Package Certification I hereby certify that I am electronically submitting the following information as my company's information package. Information Package must be signed by an officer or employee having authority to legally bind the responder(s). RESPONDER(S) (firm name):M&M Asphalt Maintenance Inc.,dba All County Paving STREET ADDRESS:1180 SW 10th Street CITY & STATE:Delray Beach, Florida ELECTRONIC SIGNATURE OF AUTHORIZED REPRESENTATIVE:Jeffrey Cohen TITLE:Executive Vice President DATE:3-17-20 CONTACT PERSON:Joshua Marfleet CONTACT PERSON’S ADDRESSS:1180 SW 10th Street Delray Beach, FL 33444 TELEPHONE: 5615880949 FAX:TOLL FREE: E-MAIL ADDRESS: publicworks@allcountypaving.com INTERNET URL: RESPONDER(S) TAXPAYER IDENTIFICATION NUMBER:61-1595442 1. PROJECT NAME Term Contract for Paving and Drainage Services 2. PROJECT NUMBER 20C-46V 3. PHASE (Precon, Demo, Const)4. TOTAL BID OR CM SERVICES * AMT. (Required)  * GMP SUMMARY AMOUNTS (Pre-construction phase fee + Construction phase fee + CM Fee only) Subject to Agreement with the Construcon Manager, the Subcontractor firms (minority & non-minority) listed below will parcipa te in this project for the Contract (Trade) Items and the dollar amounts shown. Check One: MWBE SBE Check One: Subconsultant Subcontractor Vendor Div. No. SUBCONTRACTOR/SUBCONSULTANT/VENDOR NAME BUDGET (Est. Cost) CONTRACT AMOUNT DESCRIPTION MWBE or SBE (Yes or No) AMOUNT PERCENTAGE % Line Design Solu ons 75000 Striping and Signage Yes No 75000 37 Interstate Concrete Services 470000 Concrete Yes No 470000 23 Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Subcontractors represented as Cer fied MWBEs/SBEs are cer fied according to requirements established in the Proposal & Contract documents. A copy of the cer fica on and signed Le er of Intent must be a ached for each MWBE/SBE. List must also include non-minority firms. SUBTOTAL(this page only)> 545000 60 CM’s Firm Name M&M Asphalt Maintenance Inc.,dba All County Paving TOTAL SBE/MWBE Services Par cipa on 0 0 Name/Posi on Jeffrey Cohen Execu ve Vice President TOTAL Non- MWBE/SBE Par cipa on Signature/Date Jeffrey Cohen 3-17-2020 TOTAL Percentage of Total Bid (Alternates & Change Orders) (Do not exceed 100%) 1. PROJECT NAME 2. PROJECT NUMBER 3. PHASE (Precon, Demo, Const)4. TOTAL BID OR CM SERVICES * AMT. (Required) Div. No. SUBCONTRACTOR/SUBCONSULTANT/VENDOR NAME BUDGET (Est. Cost) CONTRACT AMOUNT DESCRIPTION MWBE or SBE (Yes or No) AMOUNT PERCENTAGE % Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No SUBTOTAL(this page only)> 1. PROJECT NAME 2. PROJECT NUMBER 3. PHASE (Precon, Demo, Const)4. TOTAL BID OR CM SERVICES * AMT. (Required) Div. No. SUBCONTRACTOR/SUBCONSULTANT/VENDOR NAME BUDGET (Est. Cost) CONTRACT AMOUNT DESCRIPTION MWBE or SBE (Yes or No) AMOUNT PERCENTAGE % Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No SUBTOTAL(this page only)> M&M Asphalt Maintenance Inc., d/b/a All County Paving Office 561-588-0949 | Fax 561-588-2140 | 1180 SW 10th Street, Delray Beach, FL 33444 Office 407-610-8069 | Fax 407-380-2001| 6648 Old Cheney Highway Unit D, Orlando, FL 32807 info@allcountypaving.com Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, APWA, PRSM, NEYRA FDOT CERTIFIED CONTRACTORS Note: All County cannot work around vehicles. Management is responsible for towing when owners fail to comply with paving and/or seal coat schedule. Palm Beach County: U-21491 Broward County: 13-3A-17799-R Collier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 Per Special Conditions, Paragraph AA - Organizational Profile Provide the Corporate Name and Parent Company (if applicable) and address of corporate headquarters. Provide the names, titles, addresses, email, and telephone numbers of the persons authorized to answer any questions related to Company’s proposal. The Organization Profile should also include information such as number of years in the business, number of locations, location of facilities, company vision statement, and a succinct history of the company. Corporate Name: M&M Asphalt Maintenance Inc.,d/b/a All County Paving Corporate Headquarters: 1180 SW 10th Street Delray Beach, Florida 33444 Persons authorized to answer any questions related to the Company’s Proposal: 1. Kenneth Goldberg a. Title: President b. Address: 1180 SW 10th Street Delray Beach, Florida 33444 c. Email: kgoldberg@allcountypaving.com d. Phone Number: 561-588-0949 2. Jeffrey Cohen a. Title: Executive Vice President b. Address: 1180 SW 10th Street Delray Beach, Florida 33444 c. Email: jcohen@allcountypaving.com d. Phone Number: 561-588-0949 3. Joshua Marfleet a. Title: Senior Pavement Advisor b. Address: 1180 SW 10th Street Delray Beach, Florida 33444 c. Email: jmarfleet@allcountypaving.com d. Phone: 561-302-9361 4. Herb Miller a. Title: Director of Project Management b. Address: 1180 SW 10th Street Delray Beach, Florida 33444 Revised 12/05/19 20C-46V - SPECIAL CONDITIONS (Upon receipt, all submittals become Public Records and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. See paragraph 54 in General Conditions for details.) A. SCOPE: The purpose and intent of this Invitation to Bid is to secure prices and establish a Term Contract for Paving and Drainage Services, as specified herein. B. DELIVERY: Items in the Invitation to Bid are for various schools and departments located throughout Palm Beach County and are not for delivery to any central location. Deliveries are to be FOB destination as per purchase order. All deliveries made to schools and departments shall require inside delivery unless otherwise specified. C. BIDSYNC: 1. All offers must be submitted electronically to BidSync.com. including all required documents listed in the solicitation. No other responses will be accepted, including hard copy or emailed responses. 2. BidSync supports online document tracking and completion. All documents must be viewed/accepted before the bid packet can be viewed and an offer can be placed. 3. The District will only consider offers that have been uploaded and submitted through BidSync PRIOR to the bid closing date and time. As with any document upload, larger documents and/or heavy user activity may result in longer upload times. Please allow sufficient time to complete your offer. 4. IMPORTANT INFORMATION: For help filling out your offer, please visit: https://support.bidsync.com/hc/en-us/articles/222437508-How-do-I-respond-to-a- bid- All responses entered into BidSync must be typed in. DO NOT cut and paste from any other program. Doing so may corrupt or invalidate your response and not allow you to respond. In order to complete this response process, you must first select “Review response,” verify the information is correct then enter your password and select “Confirm & submit response.” After clicking “Confirm & submit response,” a confirmation page loads with “Offer Received” at the top of the page. If you do not see this confirmation, your offer was not submitted successfully. If you select to receive a confirmation e-mail indicating a successful response you will receive a confirming email within five minutes. If you do not receive confirmation that your offer has been received, please call BidSync at 800-990-9339 Option 1 (Customer Care) and then Option 1 (Vendor Assistance). In the event an addendum(s) to a solicitation is created, the addendum(s) will be distributed by BidSync to all who are known by the Purchasing Department to have received a complete set of proposal documents. Be advised that registering with BidSync is a FREE service. D. BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT: The School District is requesting this affidavit to include a list of every “person” (as defined in Section 1.01 (3), Florida Statues to include individuals, children, firms, associates, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups and combinations) holding 5% or more of the beneficial interest in the disclosing entity. The Beneficial Interest and Disclosure of Ownership Affidavit (PBSD Form 1997) must be downloaded, signed, notarized and uploaded with your bid response. The Proposer must submit all supporting documentation in the name of the Proposer’s entity only. Parent and/or subsidiary entities will not be acceptable. E. FLORIDA PREFERENCE: Pursuant to §287.084 Florida Statute, award recommendations shall make appropriate adjustments to pricing when considering solicitations from Proposers having a principal place of business outside the State of Florida. All Proposers must complete and electronically submit the Proposer’s Statement of Principal Place of Business with the response to this solicitation. Failure to comply may be considered non-responsive to the terms of this solicitation. Refer to http://www.leg.state.fl.us/Statutes/index.cfm for additional information regarding this Statute. F. SBE PREFERENCE: Award recommendations shall make appropriate adjustments to pricing when considering solicitations from a District certified Small Busines Enterprise (SBE) if the bid price does not exceed the lowest bidder's price by an amount greater than $50,000 or 5%, whichever is less. In instances where the certified SBE's price difference is greater than $50,000 or 5%, the lowest responsive, responsible bidder will be awarded the contract and the goals shall be deemed waived. The requirements to qualify for the SBE are to be certified by the School District of Palm Beach County, subject to the criteria indicated in paragraph P. The District does not recognize any other certifications. Graduation from the District SBE Certification Program shall void certification if a vendor has exceeded the revenue/sales size standards for their industry specific classification for the previous three year period. See Paragraph N, SBE GOAL, and Paragraph P, SMALL BUSINESS ENTERPRISE PARTICIPATION, for complete detail. For District certification go to https://www.palmbeachschools.org/diversityinbusiness website and complete the SBE certification application. G. AWARD: Contract will be awarded to ALL responsive, responsible bidders meeting specifications, terms, and conditions of this bid. Whenever work is needed, awarded vendors will be notified to provide a proposal for that project based on their prices listed in this bid. The project will then be given to the vendor with the best price for that project. Whenever paving and/or drainage services are required, the procedures listed in paragraph CC will be followed. Price quotes must be itemized based on the prices submitted on the Bid Line Items of this bid. However, it is understood that each project may warrant an additional educational discount. Therefore, a vendor may always submit an itemized quote that is based on a lower price than those submitted in their bid documents. The Board reserves the right to undertake inquiries into proposer’s financial and/or litigation history, and by submitting a proposal, the proposer expressly consents to these inquiries. The Board, through its designee(s), reserves the right to further negotiate any proposal, including price and warranty, with all responsible and responsive bidders to meet the needs of the District. If a mutually beneficial agreement with the bidder offering the lowest cost and who is deemed responsible and responsive cannot be resolved, The Board, through its designee(s), reserves the right to enter into negotiations with the next bidder offering the lowest cost and who is deemed responsible and responsive until an agreement is reached to meet the needs of the District. Upon award of a particular item to the successful bidder, the vendor cannot substitute an item without prior approval by the Purchasing Department. Vendor must supply the item that was specified according to their bid response unless instructed otherwise by the Purchasing Department. The Purchasing Department or their designee reserves the right to use the next bidder offering the lowest cost and who is deemed responsible and responsive in the event the original awardee of the bid cannot fulfill their contract, subject to the terms and conditions of Preference awards as provided herein. The next bidder offering the lowest cost and who is deemed responsible and responsive prices must remain the same as originally bid and must remain firm for the duration of the contract. Emergency repairs: Emergency repairs are defined as situations where immediate repairs are required to prevent the loss of service to alleviate the possibility of a situation which would adversely and unduly affect the safety, health or comfort of building, occupants, or otherwise cause loss to the School District. In the event of an emergency, the District may select at their discretion, a vendor from the pool of awarded vendors to provide emergency repair services. In cases of an emergency, the District may contact an awarded vendor and authorize emergency services. The contacted vendor shall respond within 4 hours. If repairs are done immediately, vendor shall notify Facility Management Coordinator for the job of completion and an itemized invoice shall be submitted within 24 hours. In situations where there are extended lead times, fabrication time, or the work will not take place immediately, a written quote-estimate shall be submitted to the Facility Management Coordinator. This quote should include estimated time of completion, lead times, and other pertinent information. Emergency services may require work be performed after regular hours, weekends, and holidays. H. TERM OF CONTRACT: The term of this contract shall be for three (3) years from the date of award and may, by mutual agreement between the School District and the awardee(s), be renewable for two (2) one- periods. If considering renewing the Contract, the Board, through the Purchasing Department, will provide a letter of intent to renew the Contract to the awardee(s) 120 days prior to the end of the initial term of the Contract period or any subsequent renewal term. If needed, the Contract may be extended 120 days beyond the Contract expiration date or any subsequent renewal periods. The awardee(s) will be notified when the Board has acted upon the recommendation. All prices shall be firm for the entire length of the Contract and all subsequent renewal periods however, nothing prohibits the District from accepting lower pricing during the term of this contract. I. REFERENCES: Electronically Complete the Reference Document and include at least five (5) references from customers that you have contracted with to provide paving and drainage work. This should include at least one reference from a customer who has been with you for a year or less, three references from veteran customers with long term or repeat contracts and at least one reference from a past customer who is currently not under contract with you. Please do not include the School District of Palm Beach County as a reference. NOTE: The information requested must include a current contact name, phone number and email address for each reference. J. QUALIFICATIONS: Provide photocopies of the following (valid and current) licenses and/or certificates: Failure to provide this documentation may result in rejection of bid. If you are a business located within Palm Beach County please provide: 1. Palm Beach County Local Business Tax Receipt, formerly Occupational License. AND 2. Proof of an active Certificate of Authority issued by the Florida Department of State which authorizes the Bidder to transact business in the State of Florida. This proof may be provided by either submitting a copy of the Letter of Authority issued by the Office of the Secretary of State or by submitting a copy of the Certificate of Status Verification which may be obtained via Sunbiz.org-Department of State. AND 3. Copy of industry/skills certifications and /or licenses required for the performance of paving and drainage services. Copy of the proposer’s Certified General Contractor’s (CGC) License, issued by the Florida Department of Business and Professional Regulations. By submitting a bid, each bidder certifies that they possess a current certificate of competency issued by the State of Florida. All subcontractors must have appropriate licenses. Per Florida Statutes 607.1501, A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department of State. For information on how to register to do business in the State of Florida go to: https://dos.myflorida.com/sunbiz/forms/ If you are an out of the county business please provide: 1. a current Business Tax Receipt within that county you are registered AND 2. Proof of an active Certificate of Authority issued by the Florida Department of State which authorizes the Bidder to transact business in the State of Florida. This proof may be provided by either submitting a copy of the Letter of Authority issued by the Office of the Secretary of State or by submitting a copy of the Certificate of Status Verification which may be obtained via Sunbiz.org-Department of State. AND (if applicable) 3. Copy of industry/skills certifications and /or licenses required for the performance of paving and drainage services. Copy of the proposer’s Certified General Contractor’s (CGC) License, issued by the Florida Department of Business and Professional Regulations. By submitting a bid, each bidder certifies that they possess a current certificate of competency issued by the State of Florida. All subcontractors must have appropriate licenses. The bidder(s) must have an adequate organization, facilities, equipment, and personnel to insure prompt and efficient service. The District reserves the right, before recommending any award, to inspect the facilities to determine ability to perform. The District reserves the right to reject bids where evidence submitted, investigation and/or evaluation, is determined to indicate inability of the bidder to perform. K. PLACING AN OFFER: The Board objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent’s response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. All offers must be submitted electronically to BidSync.com. No offer will be considered if submitted after the closing date and time. Hard copy bids will not be accepted. Allow sufficient time to complete your offer, and follow all steps outlined in Paragraph C. If necessary, an addendum will be distributed by BidSync to all who are known by the Purchasing Department to have received a complete set of proposal documents. L. BID QUESTIONS: From the time this solicitation is posted until the time a Decision or Intended Decision is posted, potential Proposers and employees, representatives, partners, director, officers, or other individuals acting on behalf of the Proposer, shall be prohibited from lobbying any School District employee, Member of the School Board, Member of a School District Advisory Committee that may evaluate the awarded contract, or person selected to evaluate or recommend selection of the awarded Proposer. Violation of the Cone of Silence shall result in rejection/disqualification of the Proposer from award of a contract arising out of this solicitation. Further, in order to protect the integrity of the award process, all questions regarding this solicitation must be submitted via BidSync no later than 5:00 p.m. EST, on Monday, March 9, 2020. Questions received via BidSync by the time and date specified will be answered in writing and posted on BidSync. Debra Hammerschlag is authorized only to direct the attention of prospective proposers to various portions of the Bid so that they may read and interpret such for themselves. Neither Debra Hammerschlag nor any employee of the District is authorized to interpret any portion of this Bid or give information as to the requirements of the Bid in addition to that contained in the written documents. All questions submitted (along with their source) are subject to Public Records Laws and as such will be available for inspection upon receipt of a Public Records Request. M. POSTING OF BID RECOMMENDATION / TABULATIONS: Bid recommendations and tabulations will be posted electronically with BidSync for review by interested parties, on Friday, April 3, 2020 at 3:00 p.m., EST, and will remain posted for a period of 72 hours. If the bid tabulation with recommended awards is not posted by said date and time, A "Notice of Delay of Posting" will be posted to inform all bidders of the new posting date and time. Any person adversely affected by the decision or intended decision, as defined in School Board Policy 6.14 (4) (a), must file a notice of protest, in writing, within 72 hours after the posting of the notice of decision or intended decision. Saturdays, Sundays and State Holidays shall be excluded in the computation of the 72-hour time period. The formal written protest must be filed within 10 days after the date the notice of protest is filed. The formal written protest shall state with particularity the facts and law upon which the protest is based. Failure to file a notice of protest or to file a formal written protest within the time prescribed in section 120.57 (3), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes. N. SBE GOAL: The Board strongly encourages the use of Small Business Enterprises for participation as partners: joint venture partners, subcontractors, sub-consultants and prime contractors, in the District’s contracting opportunities. A listings of Certified Small Business Enterprises can be found on the District’s Office of Diversity in Business Practices web site at http://www.palmbeachschools.org/diversityinbusiness. O. SUB-CONTRACTING: If a vendor intends to sub-contract any portion of this bid for any reason, the name and address of the subcontracting firm must be submitted with the bid or prior to use for approval. No sub- contracting will take place prior to bid-awarded vendor furnishing this information and receiving written approval from the District. Subcontractors will be required to conform to the Jessica Lunsford Act as noted in the General Conditions document of this bid. The Purchasing Department reserves the right to reject a subcontractor who previously failed in the proper performance of an award or failed to deliver on-time contracts of a similar nature, or who is not in the position to perform this award. The School District Representative reserves the right to inspect all facilities of any subcontractor in order to make determination as to the foregoing. The subcontractor will be equally responsible for meeting all requirements specified in this Invitation to Bid. Vendors are encouraged to seek SBE business enterprises for participation in sub-contracting opportunities. The sub-contractor shall be equally responsible for meeting all requirements specified in this Invitation to Bid. P. SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION: An SBE business must meet The School District of Palm Beach County’s (SDPBC) eligibility standards incorporated in the definition of Small Business Enterprise (SBE) as outlined in School Board Policy 6.143, Diversity and Equitable Utilization in Business, which requires that the business be certified by SDPBC. SDPBC defines a Small Business Enterprise (SBE) as having average annual gross sales that are less than fifty (50%) of the small business size standard as defined by the U.S. Small Business Administration (SBA) for a firm’s relevant industry. The average number of full- time employees over the last three years that is less than fifty percent (50%) of small business size standard as defined by SBA for the business firm’s relevant industry. See SBE guidelines at: www.sba.gov/federal-contracting/contracting-guide/size-standards. The principal place of business of the SBE must be in Palm Beach County, Broward County, and /or Miami Dade County. The firm’s headquarters must be located in Palm Beach County, Broward County, and/or Miami Dade County with either, a majority of the firm’s gross revenues or sales derived there, or a majority of firm’s employees domiciled in one of these counties. An SBE business must have received less than one million dollars ($1 million) in contract payments from the School District of Palm Beach County projects or contracts in the fiscal year preceding the bid. An SBE business shall be independent (a free-standing business) and recognized as a separate entity for tax purposes. Businesses that share common ownership, space, employees, or other facilities, may be considered as a single business for this program without reference to tax status. The business must have been established and operational for a period of at least one (1) full year prior to the certification application. The business’s address must include street number, name of the street, suite number, if any, and correct zip code. A post office box is unacceptable without the physical street address. Revenues or Sales Size Standards: Procurement Program – Any firm that has had an average cumulative gross sales or revenues of greater than seven million dollars ($7 million) over the last three (3) years shall not be considered eligible to participate in the School District’s SBE program for procurement. SDPBC will accept SBE certification on a school district solicitation if the bidder can demonstrate that they meet the guidelines as outlined in the School District’s Small Business Enterprise Program eligibility guidelines. Industry specific classification and income thresholds are consistent with and meets the standards contained in School Board Policy 6.143 and the Office of Diversity in Business Practices Procedures Manual as depicted in the chart below. INDUSTRY INCOME THRESHOLD Construction Not to exceed $13,000,000. Professional Services Not to exceed $6,000,000. General Procurement Not to exceed $7,000.000. SBE Vendor Directory: The Vendor Directory represents SBE vendors certified only by the School District of Palm Beach County. Vendors certified as an SBE with any entity or agency other than the School District of Palm Beach County will not be accepted. The District does not have reciprocity with any other certifying Agency/Entity. The District has an Inter-local Agreement (IA) with The City of West Palm Beach, Palm Beach County and Miami-Dade County Public Schools; however, SBE bidders must have met the certification eligibility criteria of the District’s certification program at the time of documentation submittal in order to be deemed a District Certified SBE. Goal: The Goal established for this industry classification is an SBE Bid Preference of 5% for the participation of Small Business Enterprises. SBE Bid Preference: Pursuant to Board Policy 6.143, award recommendations shall make appropriate adjustments to pricing when considering solicitations from School District of Palm Beach County (SDPBC) certified Small Business Enterprises (SBE) if the bid price does not exceed the lowest bidder's price by an amount greater than $50,000 or 5%, whichever is less. In instances where the certified SBEs price difference is greater than $50,000 or 5%, the lowest responsive, responsible bidder will be awarded the contract and the goals shall be deemed waived. Qualification requirements for SBE Bid Preference are, the bidder must be certified by the School District of Palm Beach County, at the time the bid is submitted. The District does not recognize any other certifications. Bidders must submit their School District Certification Certificate with the bid. For District certification go to http://www.palmbeachschools.org/diversityinbusiness website and complete the SBE certification application. Small Business Enterprise Participation: Bidders who list SBE subcontractors as participants in their bids must complete and submit the Subcontractor Participation Letter of Intent, Form 1525 and Subcontractor Participation Summary, Form 1526. Form 1526 will be submitted with all requests for payment, and will be submitted as part of the response to the solicitation. SBE Bid Preference is a not the same as Small Business Enterprise Participation. If SBE Bid Preference is indicated, then the Bid does not have an SBE Participation Goal and Forms 1525 and 1526 are not required. The industry specific classification for this solicitation is: General Procurement B2GNow Compliance Reporting System The SCHOOL BOARD maintains an electronic Contract Compliance System known as the B2GNow Compliance Reporting System. This Contract is subject to Compliance Tracking and Contractor shall use the B2GNow secure web-based system to submit Project Specific information including, but not limited to, monthly payments and progress reports on all Subconsultants and Subcontractors. Contractor understands that all Subconsultants and/or Subcontractors are also required to utilize the B2GNow Reporting System to manage their contact information and Project Specific records, respond to any noted instructions and/or information requests. Contractor agrees to advise all of its Subconsultants and/or Subcontractors in writing of the requirement to submit all Contract Compliance related data electronically to the B2GNow Reporting System. Contractor further agrees and understands it is responsible for ensuring all Subconsultants and/or Subcontractors have uploaded all requested items via the B2GNow Reporting System. Contractor understands its contact information and that of its Subconsultants and/or Subcontractor must remain accurate and up-to-date in the B2GNow Reporting System and agrees to timely notify SCHOOL BOARD of any changes to its contact information or that of a Subconsultant and/or Subcontractor. From time to time, the SCHOOL BOARD may require additional information from the Contractor and/or its Subconsultants/Subcontractors and Contractor agrees that it will provide such information, within five (5) business days via the B2GNow Reporting System. Contractor understands its obligations hereunder are continuing and shall survive the expiration or termination of the Contract. Information concerning access of the B2GNow Reporting System will be provided to Contractor by the Office of Diversity in Business Practices. The B2GNow Reporting System is web-based and can be accessed at the following Internet address: https://palmbeachschools.diversitycompliance.com/. The Contractor shall contact the Office of Diversity in Business Practices to register for training and support for the B2GNow Reporting System. Contractor agrees to advise all of its Subconsultants and/or Subcontractors in writing of their obligation to contact the Office of Diversity in Business Practices to register for training and support for the B2GNow Reporting System. For information request and questions, contact the Office of Diversity in Business Practices (561- 681-2403). See paragraph O for additional details regarding subcontractors. Q. ACCESSIBILITY TO AND COOPERATION WITH INSPECTOR GENERAL AND STAFF: The Awarded Vendor agrees and understands that the School District’s Office of Inspector General shall have immediate, complete, and unrestricted access to all financial and performance-related records, papers, books, documents, information, writings, drawings, graphs, photographs, processes, data or data compilations, computer hard drives, emails, instant messages, services, and property or equipment purchased in whole or in part with School Board funds ("Information and Records"). The Awarded Vendor shall furnish the Inspector General with all Information and Records requested for the purpose of conducting an investigation or audit, as well as provide the Inspector General with reasonable assistance in locating assets and obtaining information and records that are in the possession, custody, or control of the Awarded Vendor or its subcontractor. The Awarded Vendor understands, acknowledges, and agrees to abide by applicable portions of School Board Policy 1.092. Such policy is located at: http://www.palmbeachschools.org/policies/. R. PUBLIC RECORDS LAW: The Responder shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the School Board of Palm Beach County in order to perform the service to the Board under this agreement. b. Upon request from the Board's custodian of public records, provide the Board 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 Responder does not transfer the records to the Board. d. Upon completion of the Agreement, transfer, at no cost, to the Board all public records in possession of the Responder or keep and maintain public records required by the Board to perform the service. If the Responder transfers all public records to the Board upon completion of the Agreement, the Responder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Responder keeps and maintains public records upon completion of the Agreement, the Responder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Board, upon request from the Board's custodian of public records, in a format that is compatible with the information technology systems of the Board. Failure of Responder to abide by the terms of this provision shall be deemed a material breach of this Agreement. This provision shall survive any termination or expiration of this Agreement. In the event of a dispute regarding the enforcement of this provision where the Responder has unlawfully refused to comply with the public records request within a reasonable time, the School Board shall be entitled to recover its reasonable costs of enforcement, including reasonable attorney's fees from the vendor as authorized by 119.0701, Fla. Stat. IF THE RESPONDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, HE OR SHE MUST CONTACT THE PUBLIC RECORDS MANAGEMENT COORDINATOR FOR THE SCHOOL DISTRICT OF PALM BEACH COUNTY AT 561-629-8585, PUBLICRECORDS@PALMBEACHSCHOOLS.ORG, OR 3300 FOREST HILL BLVD., SUITE C-110, WEST PALM BEACH, FL, 33406. Public Records Exemption: 1) For purposes of this paragraph, “competitive solicitation” means the process of requesting and receiving sealed bids, proposals, or replies in accordance with the terms of a competitive process, regardless of the method of procurement. 2) Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 3) If an agency rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial agency notice rejecting all bids, proposals, or replies. S. INSURANCE REQUIREMENTS: In the event of loss, damage or injury to the awarded bidder(s) and/or the awarded bidder's property, the awarded bidder(s) shall look solely to any insurance in its favor without making any claim against the School Board of Palm Beach County. The bidder’s insurance coverage shall be primary and noncontributory. Proof of the following insurance will be furnished by the awarded vendor(s) to the School Board of Palm Beach County by Certificate of Insurance. The School Board shall be named as an additional insured. Original copies of Certificates of Insurance meeting the specific required provision specified within this contract/agreement shall be forwarded to the School District of Palm Beach County, Purchasing Department by email (insurancecertificate@palmbeachschools.org), or fax (561-963-3823), and approved prior to the start of any work or the possession of any school property. Renewal certificates must be forwarded to the same department prior to the policy renewal date. Thirty days written notice must be provided to the School District of Palm Beach County via certified mail in the event of cancellation. The notice must be sent to the Purchasing Department. 1. WORKERS' COMPENSATION: WORKERS' COMPENSATION: Bidder must comply with Section 440, Florida Statutes, Workers’ Compensation and Employees’ Liability Insurance with minimum statutory limits or elective exemptions as defined in Florida Statute 440 will be considered on a case by case basis. Required Endorsements: ○ Waiver of Subrogation – WC 0003 13 or its equivalent 2. COMMERCIAL GENERAL LIABILITY: Bidder shall procure and maintain for the life of the contract, Commercial General Liability Insurance. This policy shall provide coverage for death, bodily injury, personal injury, products and completed operations liability and property damage that could arise directly or indirectly from the performance of the contract. It must be an occurrence form policy. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL LIABILITY INSURANCE. The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single Limit for Bodily Injury Liability and Property Damage Liability. Required Endorsements: ○ Additional Insured – CG 20 26 or CG 20 10 and CG 20 37 or their equivalents. Note: CG 20 10 or CG 2026 must be accompanied by CG 20 37 to include products/completed operations. ○ Waiver of Transfer Rights of Recovery – CG 24 04 or its equivalent. ○ Primary and noncontributory – CG 2001 or its equivalent. Note: If blanket endorsements are being submitted, please include the entire endorsement and applicable policy number. 3. BUSINESS AUTOMOBILE LIABILITY: Awarded vendors shall procure and maintain, for the life of the contract/agreement, Business Automobile Liability Insurance. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE. The minimum limits of coverage shall be $500,000 per occurrence. This coverage shall be an “Any Auto” form policy or a form policy that includes “Scheduled Autos, Hired Autos, and Non-Owned Autos” coverage. The insurance must be an occurrence form policy. In the event the contractor does not own any vehicles, we require an affidavit signed by the contractor indicating the following: ____________________ (Company Name) does not own any vehicles. In the event we acquire any vehicles throughout the term of this contract/agreement, _______________ (Company Name) agrees to purchase Business Automobile Liability coverage as indicated above on the date of acquisition. 4. WAIVER OF SUBROGATION: The awarded bidder(s) hereby waives any right of subrogation against the School Board of Palm Beach County, for loss, damage or injury within the scope of the Bidder’s insurance, and on behalf of itself and its insurer, waives all such claims against the School Board of Palm Beach County. NOTE: The terms and conditions of this agreement shall apply with respect to awarded bidder’s operations for any school or ancillary owned by the School Board of Palm Beach County. T. E-VERIFY Vendor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by Vendor while performing work or providing services for the School Board of Palm Beach County, Florida on its behalf utilize the E-Verify system to verify the employment of all new employees hired by all subcontractors. Vendor is also required to complete the Certification for E-Verify Form and upload with your bid response. Failure to do so may result in rejection of your proposal. U. PAYMENT / PAYMENT TERMS: Payment will be made after the goods/services from the awarded vendor have been received/completed; inspected and found to comply with award specifications, free of damage or defect; and a properly billed invoice is received and processed in the Accounting Services Department. The District’s payment terms are net 30 days; however, the District will accept terms for early payment. See Early Payment Terms Document. Payment will not be processed until the following occurs: 1. The complete and satisfactory receipt of all items ordered. All pricing in accordance with the bid. 2. The receipt of a properly billed invoice in the Accounting Services Department. Invoices to the School Board MUST include the following to permit verification of prices and expedite payment to vendors: 1. Name and Address of Vendor 2. A Unique Invoice Number 3. Date of Shipment 4. Line Item Total or Extended Price 5. Purchase Order Number 6. A copy of the first invoice for this contract shall be sent to the Purchasing Agent for review at debra.hammerschlag@palmbeachschools.org. Invoice copy and/or packing slip must be presented at time of delivery. Original Invoice must be sent to Accounting Services, 3300 Forest Hill Blvd., Suite A-323, West Palm Beach, FL 33406, or submitted electronically To submit an invoice as an email attachment, ensure that the electronic document meets the guidelines below and email the invoice to apinvoice@palmbeachschools.org. Electronic Invoice Submission Guidelines: a. Submit industry standard PDF’s, created at a 300-dpi bi-tonal equivalent (either image or text only content) or bi-tonal or grey scale TIF’s. b. Each invoice must be its own file attachment. Multiple invoices in a single email is supported, but each invoice must be a separate file attachment If you are interested in learning more about submitting invoices via email, please contact Bob Rucinski at bob.rucinski@palmbeachschools.org, or call him at (561) 434- 8701. Failure to timely submit invoices(s) to Accounting Services as set forth above may significantly delay processing and payment of the invoice. The School Board may not process invoices submitted more than 120 Days after the date the goods or services were delivered without prior approval from the Accounting Services Department. Vendor waives claims for payment of goods and/or services on invoice(s) not received by the Accounting Services Department within 120 Days of the delivery. Prior approval by Accounting Services is required if invoicing will extend past 120 days. The above terms and conditions are agreed to by submitting an offer on this bid. V. INCORRECT PRICING/INVOICES: Any pricing on invoices that is incorrect or freight charges that were not included on the original Purchase Order, must be brought to the attention of the Purchasing Agent and corrected prior to the shipment(s) of goods or initiation of services. Additional costs that were not brought to the District’s attention and did not receive written approval via a Change Order issued by the Purchasing Agent may not be honored. W. CHANGE ORDERS: Any addition(s) to the Scope of Work or to a Purchase Order as a result of the bid award that adds additional costs must be brought to the School Districts attention and approved by the Purchasing Department prior to commencement of additional work, shipment of goods or the addition of unauthorized freight charges. Once approved, a Change Order will be issued to include the additional costs and work may commence and/or shipment of goods can begin. Additional costs that were not brought to the district's attention and did not result in a Change Order approved by the Purchasing Agent may not be honored. X. DISTRICT PURCHASING CARD: The School District has authorized the use of a Purchasing Card with Visa through the Bank of America to expedite small dollar purchases for materials, supplies, and other items needed for daily operations. Vendors may be presented these credit cards by authorized School District personnel for the above mentioned purchases. Each cardholder’s authorization limit may not exceed $1,000 daily per vendor effective July 1, 2006 (with the exception of travel). Purchase orders are strongly discouraged for purchasing materials, and supplies under $1,000. Y. CONFLICT OF INTEREST: On vendors own business letterhead, all vendors must disclose the name of any officer, director, or agent who is also an employee of the District. All vendors must disclose the name of any District employee who owns, directly or indirectly, any interest in the responder's business or any related entity. By submitting this documentation to the District, the vendor represents and warrants that District employee does not have a prohibited conflict of interest as provided in Chapter 112, Florida Statutes and School Board Policy 3.02 Code of Ethics. Z. CODE OF ETHICS: Per District Policy 3.02, District Employees shall not accept gifts or gratuities in violation of the State Code of Ethics or which give the appearance that the gift improperly influenced a decision. AA. ORGANIZATION PROFILE: Provide the Corporate Name and Parent Company (if applicable) and address of corporate headquarters. Provide the names, titles, addresses, email, and telephone numbers of the persons authorized to answer any questions related to Company’s proposal. The Organization Profile should also include information such as number of years in the business, number of locations, location of facilities, company vision statement, and a succinct history of the company. In addition, the Beneficial Interest and Disclosure of Ownership Affidavit (PBSD Form 1997) must be completed, signed, notarized and returned with your bid. BB. COMPANY FINANCIALS: Vendors shall provide financial statements giving the District enough information to determine financial stability. Failure to do so may result in your response being rejected. a. Balance Sheet or Annual Report for the last three (3) years b. Three (3) years of income statements c. Federal or State tax liens or judgements for the proposer’s entity for the last five years. If no liens or judgements exist, please so state on Company Letterhead and upload with your response. You may also include (optional): a. Statement of Changes in financial position; b. Letter from the proposer banking institution c. Statement from certified public accounting firm. CC. SITE INSPECTION(s): When a potential project is defined, a quote request will be requested following the procedures listed below: Projects with estimated cost: $5,000 or less: Facilities Management Coordinator (FMC)/Senior Projects Administrator (SPA)/Project Coordinator (PC) will send notice to a contractor from the awarded pool of contractors whose cost and schedule best meets the needs of the District. Contractor shall contact the FMC/SPA/PC within one working day to confirm their ability to quote the job and within three working days of request contractor shall provide the requester with an itemized quote for the repairs based on scope of work provided to the contractor or based on contractors visit to the site. Purchasing Agent will be copied on notification. $5,000 to $10,000: FMC/SPA/PC will send notice to the pool of awarded contractors. Included in notice shall be: Site location, address, and contact person Scope of work Plan drawings (if applicable) Site inspection (if applicable) If required, include date, time, mandatory or non-mandatory, meeting location Question deadline Quote due date (include quote sheet template) Copy Purchasing Agent $10,000 and up: Purchasing Department will post a Request for Quote (RFQ) on Bidsync and include scope of work and any associated plans or prints. The RFQ will be open to only those vendors awarded on this contract. Following the site inspection, quotations shall be submitted as directed and by the deadline specified. This quotation shall be based on the individual scope of work, bid special conditions, bid specifications and all applicable regulations and codes, and submitted on the Quote Sheet. Price quotes must be itemized based on the prices submitted with this bid on the Bid Line Items. However, it is understood that each project may warrant an additional educational discount. Therefore, a contractor may always submit an itemized quote that is based on a lower price than those submitted in their bid documents. DD. AREA REPRESENTATIVE: Bidder should indicate on the attached Area Representative Document the name, address, phone number and email address, if available, of the vendor representatives who will make periodic scheduled visits to the schools and departments and will be available, upon request, to resolve billing and delivery problems. EE. WARRANTY: The contractor shall furnish written guarantee that all labor and materials shall be fully warranted by the contractor for a period of five (5) years from date of substantial completion of entire project. The successful bidder shall conduct an inspection three (3) years after installation to check for any defects. If a defect is found, the contractor agrees to repair without delay and at their own expense all such defects. FF. DELAYS AND EXTENSIONS OF TIME: If the contractor is delayed at any time in the progress of the work for any cause or reason which is beyond their control, contract time shall be extended by mutual agreement between the contractor and the School District (Purchasing Department). The contractor shall submit written request for extension within five calendar days after occurrence of a delay. GG. LIQUIDATED DAMAGES: Should the contractor fail to complete the work within the time specified on the purchase order, and provided the contractor has not previously obtained an extension of time, the School District reserves the right to collect liquidated damages. Said liquidated damages shall be assessed at the rate of $250 per day for each calendar day that work remains uncompleted after the time allotted. HH. PERMITS AND CODE INSPECTIONS: Permits: The Vendor shall secure all necessary building permits from the Permitting Authority (The School District of Palm Beach County Building Code Services (BCS) Department). Related instructions are located on the BCS Home https://www.palmbeachschools.org/cms/One.aspx?portalId=270616&pageId=6789846. Construction will be inspected for code compliance, compliance with drawings and specifications, and quality by inspectors working for the Permitting Authority. The Vendor shall provide the following information to the Permitting Authority and obtain approval from the Permitting Authority prior to beginning construction: (a) Documents as required by the Permitting Authority (b) Vendor should assume a 30 day turnaround time from the time of submission of required documents for obtaining a building permit. Code Inspections: All projects require detailed code compliance inspections during construction in disciplines determined by the Permitting Authority. These disciplines normally include, but are not necessarily limited to, structural, mechanical, electrical, plumbing and general building safety. Inspection personnel will be provided by the Permitting Authority. The Vendor shall request the appropriate inspector(s), no less than 48 hours in advance, that the work is ready for inspection and before the work is covered up. Work not inspected and approved prior to cover-up shall be uncovered for inspection when directed by the Permitting Authority. All costs for uncovering and reconstruction shall be borne by the Vendor. All inspections shall be made for conformance with the applicable building codes, compliance with drawings and specifications, and quality. Cost for all re-inspections of Work found defective and subsequently repaired shall be borne by the Vendor. II. MEASUREMENTS: Each bidder is responsible for making an on-site measurement of the area to be serviced in order to determine exact requirements. All bidders shall be responsible for accuracy of field measurements. Bidders shall investigate the location of the work and the conditions of the installation required. AT NO TIME WILL THE DISTRICT PAY FOR MEASUREMENT, LABOR OR ANY OTHER FEES ASSOCIATED TO PROVIDING A QUOTE. JJ. BALANCE OF LINE: The "balance of line" shall include new product and upgraded catalogs. Additions shall be submitted as they occur. Deletions and discontinued items shall be reported by bid awarded vendors as they occur. KK. QUANTITIES: Quantities set forth in this Invitation to Bid are estimates based on anticipated usage. They are subject to change (increase/decrease) in order to meet the needs of the School District of Palm Beach County. The bidder agrees that the price(s) offered shall be maintained irrespective of the quantity actually purchased. LL. CONTRACTOR RESPONSIBLITIES: The successful bidder (hereinafter referred to as the contractor) shall furnish, at their expense, all labor, supervisors, equipment, machinery, tools, materials, transportation, and other facilities and services necessary to fully complete all work specified herein and in accordance with the School District Master Specifications. All work shall be coordinated with appropriate District official and meet all requirements for FCAT black-out period testing. All work shall maintain occupancy and egress requirements to maintain occupancy of the school without disruption. The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish, scrap materials, and debris that result from their operations so that work site presents a neat and orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the premises. NO rubbish shall be deposited as fill on the work site. At completion of work, the contractor hall remove all work materials, tools, construction equipment, machinery, and surplus materials from the work site and shall leave project in ready to use condition. The District official shall provide a schedule for the required work and coordinate all required work with other occupancy and/or construction occurring on or in this area by others. Safeguard of all equipment, tools, materials, etc., at the work site is the contractor's responsibility. The contractor shall be responsible for the protection of all personnel against hazards and/or injuries due to their construction operations at the work site. Contractor shall correct any and all damage caused by their operations to the District's satisfaction at no additional cost to the District. The contractor shall have an English-speaking supervisor/representative on the worksite at all times, who shall be thoroughly knowledgeable of all plans, specifications, and other contract documents and has the authority to act in the contractor's behalf. The contractor shall be responsible for the appearance of all working personnel assigned to the projects (clean and appropriately dressed) at all times, and their compliance with School Board Policies and Rules prohibiting smoking and consumption of alcohol and illegal drugs while on campus. The provision or use of existing sanitary facilities will be discussed and determined at the pre-construction meeting. The contractor shall provide to the owner certification that all personnel on site comply with Level 2 FDLE and FBI screening, with the report of the results provided by or to the School District’s Police Department, which shall be the sole determiner of clearance. All contractor and sub-contractor personnel must have a badge, indicating clearance. The contractors name and a traceable number must be visible. No contact between students or School staff is allowed with any contractor, sub-contractor, or supplier. If contacted by school personnel or staff, refer them to the School Districts Project Coordinator for this project. More information on Level 2 screening can be found at: https://www.palmbeachschools.org/cms/One.aspx?portalId=270616&pageId=6252328. BID PREPARATION CHECKLIST: The Bid Preparation Checklist is a guide to assist the Bidder in verifying the completeness of their Bid. The Bid Preparation Checklist does not relieve the Bidder of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. Items checked “required” must be submitted with your bid response or your bid may be declared non responsive. *Reminder* The Proposer must submit all supporting documentation in the name of Proposer’s entity only. Parent and/or subsidiary entities will not be acceptable. SPECIFICATIONS Specifications pertinent to this bid, are contained in a separate document titled “Specifications”. Verified by Vendor Required Document See Special Condition Yes Bidder Acknowledgement N/A Yes Area Representative Paragraph DD Yes Required Response Form N/A Yes Bid Line Items N/A Yes Certificates/License Paragraph J Yes Beneficial Interest and Disclosure of Ownership Affidavit Paragraph D Yes Proposer's Statement of Principal Place of Business Paragraph E Yes Debarment Certification N/A Yes Reference Document Paragraph I Yes Early Payment Terms Paragraph U Yes (if applicable) Form 1525, Letter of Intent – SBE Subcontractor Participation Paragraph P Yes (if applicable) Form 1526, SBE Subcontractor Participation Summary Paragraph P Yes Form 0580, Drug-Free Workplace Certification N/A Yes Organizational Profile Paragraph AA Yes Company Financials Paragraph BB Yes Conflict of Interest/Non Conflict of Interest Statement Paragraph Y Yes E-Verify Form Paragraph T Yes Complaint Notification/Bid General Conditions See General Conditions Paragraph 26 20C-46V - SPECIFICATIONS PART 1 - GENERAL SECTION INCLUDES A. Topsoil removal B. Earthwork C. Compacted Subgrade D. Limerock, Shellrock, Base Course and Crushed Concrete E. Asphaltic Concrete Surface Course F. Pavement Resurfacing G. Pavement Seal Coating H. Pavement Repair and Rehabilitation REFERENCES A. The references to "standard specifications" shall mean the Florida Department of Transportation standard specifications for road and bridge construction, latest edition, except for those paragraphs referring to measurement and payment. B. The references to AASHTO shall mean the American Association of State Highway and Transportation Officials. C. The reference to "District" shall mean the Palm Beach County School District. D. Refer to District Master Specifications which may be accessed through the following link: https://www.palmbeachschools.org/cms/one.aspx?pageId=7083736 QUALITY ASSURANCE A. Perform work in accordance with standard specifications. B. Asphalt/Concrete Plant - conform to standard specifications. C. Obtain materials from same source throughout duration of each project. REGULATORY REQUIREMENTS A. All work shall conform to Florida Statutes, State Requirements for Educational Facilities. B. Permits for work on public right-of-ways shall be obtained and paid for by the Palm Beach County School Board. ENVIRONMENTAL REQUIREMENTS A. Do not place asphalt when base course surface temperature is below 40F. B. The mixture shall not be spread when the wind is blowing to such an extent that proper and adequate compaction cannot be maintained or when sand and dust are being deposited on the surface being paved, to the extent that bond between layers will be diminished. RESPONSIBILITY FOR INSPECTION AND TESTS A. District Responsibility: It will be the District's responsibility to employ and pay for the services of an independent testing laboratory. The contractor shall pay for samples required except those secured by the test lab. The contractor shall pay for all retests required due to failure to meet specifications. B. Contractor Responsibility: No failure of test agencies, whether engaged by the District or contractor, to perform adequate inspection or tests or to properly analyze or report results, shall relieve the contractor of responsibility for the fulfillment of the requirements of the contract document. C. Coordination with District's Agencies: Afford access and reasonable time in the construction sequence for the District's inspections and tests to be performed. Cooperate with agencies and provide incidental labor and services needed for the removal and delivery of test samples, and for inspections and taking measurements. Provide patching and restoration services where test samples have been removed. D. Test Agency Responsibilities: Test agencies, regardless of whether engaged by the District or contractor, are not authorized to change or negate the requirements of the contract documents. Each agency shall coordinate its assigned work with the construction schedule as maintained by the contractor, and shall perform its work promptly so as not to delay the work. Observations by agencies having a bearing on the work shall be reported to the District, in the most expeditious way possible, and shall be recorded in writing by the agency. Agency personnel shall not interfere with or assume the duties of the contractor. PAYMENT A. Payment shall be made for the items listed on the Bid Line Items on the basis of the work actually performed and completed, such work including but not limited to the furnishing of all necessary labor, materials, equipment, transportation, cleanup, and all other appurtenances to complete the construction and installation of the work to the configuration and extent as shown on the drawings and described in the specifications. B. Topsoil Stripping: Payment shall be made per cubic yard as measured by length, width, and depth of volume stripped. C. Excavation of Cut Areas to Stockpile: Payment shall be made per cubic yard as measured by length, width, and depth of volume excavated. D. Excavation of Cut Areas to Fill Areas: Payment shall be made per cubic yard as measured by length, width, and depth of volume excavated. No additional payment will be made for spreading and compacting this material in fill areas. E. Fill Material, Imported, Spread and Compacted: Payment shall be made per cubic yard as measured by truck volume. Signed and dated truck tickets shall be required for payment. District reserves right to field measure truck volume. F. Load and Haul Excavated Material: Payment shall be made per cubic yard as measured by truck volume. Haul distance shall be actual mileage between project site and dump site. G. Paving: 1. Subgrade: Payment shall be made per square yard as measured extending 6" beyond limits of base course. 2. Base Course: Payment shall be made per square yard as measured extending 6" beyond limits of paving. No additional payment shall be made for prime coat. 3. Paving: Payment shall be made per square yard as measured. No additional payment shall be made for tack coat. 4. Milling of existing asphalt pavement: Payment shall be made per square yard at specified depth and shall include proper removal and disposal of material. Minimum of 500 s.y. shall apply to milling. H. Mobilization: Payment shall be made one time for each separate project with the exception of repairs (patching). Payment shall be made one per day for multiple repair work (patching) sites/projects per zone. No additional payment shall be made unless work is stopped by District for a period in excess of three months. I. Asphalt Removal: Payment shall be made per cubic yard as measured by truck volume of material removed. Payment shall include all costs associated with the asphalt removal including but not limited to saw cutting, removal, loading, hauling, dumping, dump fees, etc. J. Reworking of Existing Base: 1. Scarify Existing Base: Payment shall be made per square yard of existing base, as field measured, requiring scarification to whatever depth required. 2. Adding of Base Material: Payment shall be made per cubic yard as measured by truck volume. Signed and dated truck tickets shall be required for payment. District reserves the right to field measure truck volume. 3. Finish and Compact Base Course: Payment shall be made per square yard of finished base, as field measured. K. Pavement Resurfacing: 1. Paving: Payment shall be made per square yard at the price for the type and thickness shown on Bid Line Items. No additional payment shall be made for tack coat. 2. Leveling Course: Payment shall be made per ton as shown on asphalt plant ticket. Asphalt plant ticket shall be signed and dated. L. Repairs: 1. Repairs: Payment shall be made per square yard and include all material, equipment, and supervision required to complete a job. No additional payment shall be made for tack coat or base. 2. Mobilization: Payment shall be made one per day for multiple repair work (patching) sites/projects per zone. M. Storm Drains: 1. Installation: Payment shall be at the price for the type storm drain shown on Bid Line Items. 2. Payment shall include all material, equipment, and supervision required to complete a job. N. Drainage Pipes: 1. Installation: Payment shall be at the price for the type drainage pipes shown on Bid Line Items. 2. Payment shall include all material, equipment, and supervision required to complete a job. O. Quantities on Bid Line Items: 1. Quantities on Bid Line Items are estimated only for the purpose of fairly evaluating bids based on anticipated contract usage. 2. Quantities on Bid Line Items shall in no way constitute a guaranteed minimum annual contract amount. 3. The District reserves the right to exceed these quantities or limit the use of this contract in accordance with its own best interest. PART 2 - PRODUCTS MATERIALS A. Soil Materials: Soil materials used for backfill and fill shall be free of rock or gravel larger than two inches in any dimension, debris, waste, vegetable, and other deleterious matter. B. Limerock Base: Limerock shall consist of fossiliferous limestone of uniform quality, and shall not contain hard or flinty pieces which will prevent attainment of a smooth pavement surface free from pits or pockets. At the contractor's option, either Ocala limerock or Miami Oolite limerock may be used, but only one type may be used on any one project. 1. Limerock shall be composed of not less than 70% of carbonates of calcium and magnesium, and not more than 3% of water-sensitive clay material. 2. Limerock shall conform to Section 911 of the standard specifications. C. Shellrock Base: Shellrock shall be locally mined material from naturally occurring deposits. The material shall not contain silica sand in sufficient quantity to prevent bonding. Shellrock shall conform to Section 913 of the standard specifications. D. Prime Coat: The bituminous material to be used for prime coats shall be either cut-back asphalt, Grade RC-70 or RC-250. Materials shall conform to Section 916 of standard specifications. E. Tack Coat: The bituminous material to be used to tack coat shall be emulsified asphalt, Grades RS-L, CRS-L, SS-1, CSS-1, SS-1H, CSS-1H, AE-60, AE-90, AE-150, CRS-2H, Special MS Emulsion, or Asphalt Emulsion Prime (AEP) meeting the requirements of Section 916-5 of the standard specifications. The materials specified shall not be diluted prior to use. F. Asphaltic Concrete Surface Course: 1. Asphaltic Concrete Surface Course shall be the type called for on the drawings and specifications. 2. The job mix formula, size and percentage of aggregates shall be as specified in the standard specifications. G. Crushed or Recycle Concrete 1. The use of recycled or crushed concrete for construction of roadway base course shall comply with requirements in District Master Specification Section 02400, entitled “Bituminous Concrete Pavement”. Refer to Part 2.3 therein. PART 3 - EXECUTION TOPSOIL STRIPPING A. Topsoil is defined as surface soil found in an depth of not less than 4". Satisfactory topsoil is reasonably free of subsoil, lumps, stones, and other objects over 2" in diameter, and without weeds, roots, and other objectionable material. B. Strip topsoil to whatever depths encountered in a manner to prevent intermingling with the underlying subsoil or other objectionable material. C. Remove heavy growths of grass from areas before stripping. Where trees are indicated to be left standing, stop topsoil stripping in a sufficient distance to prevent damage to the main root system. D. Stockpile topsoil in storage piles where directed. Construction storage piles shall freely drain surface water. Cover storage piles if required to prevent wind-blown dust. EXCAVATION Excavation consists of the removal and disposal of materials encountered when establishing the required grade elevations. A. Where it is necessary to cut roots projecting into an excavation or to trim branches for equipment clearance, all severed root ends or cuts to branches over 1/2" diameter shall be treated with an asphalt base pruning paint. Backfill over exposed roots as soon as possible. B. Earth excavation includes the removal and disposal of pavements and other obstructions visible on the ground surface, underground structures and utilities indicated to be demolished and removed, material of any classification indicated in data on subsurface conditions, and all other materials encountered that are not classified as rock excavation or unauthorized excavation. C. Material Storage: Stockpile excavated materials classified as satisfactory soil material where directed, until required for fill. Place, grade, and shape stockpiles for proper drainage. Dispose of excess unsatisfactory soil material, trash and debris, as specified. FILL A. Ground Surface Preparation: Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow, strip, or break-up sloped surfaces steeper than one vertical to four horizontal so that fill material will bond with existing surface. When the existing ground surface has a density less than that specified under "Compaction" for the particular area classification, break-up the ground surface, pulverize, moisture-condition to the optimum moisture content, and compact to the required depth and percentage of maximum density. B. Placement and Compaction: Place backfill and fill materials in layers not more than 8" in loose depth for material compacted by heavy compaction equipment, and not more than 4" loose depth for material compaction by hand-operated equipment. Before compaction, moisten or aerate each layer as necessary to provide the optimum moisture content of the soil material. Compact each layer to the required percentage of maximum dry density or relative dry density for each area classification. Do not place backfill or fill material on surfaces that are muddy. Backfill excavations as promptly as the work permits, but not until completion of inspection, testing, approval, and recording location of underground utilities, as required. COMPACTED SUBGRADE Subgrade construction shall consist of bringing the bottom of excavations and top of embankments of the roadway, between the outer limits of the stabilized shoulders or base course, to a surface conforming to the grades, lines and cross sections shown on the drawings, of uniform density, ready to receive the base course. Before adding any fill, clear and grub all areas to be paved. All subgrades, shall be compacted to 98% of maximum density as determined by AASHTO T-180. BASE COURSE A. Limerock and Shellrock 1. Base material shall be dumped on the end of the preceding spread without dumping or hauling directly on the subgrade. Equipment for spreading and grading shall be as specified in Section 200 of the "Standard Specifications". After the spreading is completed, the entire surface shall be scarified and then shaped to produce the required grade and cross section after compaction. Water shall be added as required to obtain the specified density. 2. Compaction shall be by rolling a compaction of steel wheel and rubber tired rollers until an average density of 98% of the maximum density is reached as tested under AASHTO method T-180. Compaction and finishing shall be in accord with double course base requirements of Paragraph 200-6 of the "Standard Specifications". Tests will be paid for by the District and retests paid for by the contractor. B. After completion of compaction, the surface of the base course shall be checked with a template cut tot he required crown, and the thickness shall be checked by borings. Any surface irregularities in excess of 1/4" or any deficient thickness shall be corrected by scarifying and adding material after which the entire area shall be recompacted. A sanded prime coat shall be applied after the base has been accepted. ASPHALTIC CONCRETE SURFACE COURSE A. Surface Preparation 1. On a newly constructed base course, the surface shall be prepared as set forth in the section covering such base course, and shall be cleaned of all loose and foreign material. The base shall then be primed, and a tack coat applied (if required), followed by application of the surface course. 2. Where the surface course is constructed on the existing pavement or old base which is irregular, the existing surface shall be brought to the proper grade and cross section by patching and/or a leveling course. Prior to applying patching, leveling course or surface course on the existing pavement, the surface shall be cleaned and all foreign matter removed, and a tack coat applied as specified herein. A similar tack coat shall be applied over patches or leveling course. 3. Where this surface course is to be constructed over newly constructed surface treatment, all loose material shall be swept clean from the paving area and removed from the job site unless specified otherwise. A tack coat shall then be applied on the surface treatment before the surface course is laid. 4. Prime Coat: Apply at the rate of 0.10 gal. per sq. yd. over compacted base. Apply material to penetrate and seal, but not flood, surface. Apply a light uniform cover of sand and allow to cure. 5. Tack Coat: Apply to contact surfaces of previously constructed asphalt or portland cement concrete and surfaces abutting or projecting into asphaltic concrete pavement. Distribute at rate of 0.02 to 0.08 gal. per sq. yd. of surface unless a more specific rate is specified on the drawings. B. Placing the Mix 1. General: a. Place asphaltic concrete mixture on clean prepared surface, spread and strike- off. Place inaccessible and small areas by hand. Place each course to required grade, cross-section, and compacted thickness. b. Follow "Standard Specifications" Section 330 for general construction of the surface course as applicable to this project, including compacting and finishing. 2. Joints: Make joints between old and new pavements, or between successive days' work, to ensure continuous bond between adjoining work. Construct joints to have same texture, density and smoothness as other sections of asphaltic concrete course. Clean contact surfaces and apply tack coat. 3. Patching: Remove and replace paving areas mixed with foreign materials and defective areas. Cut-out such areas and fill with fresh, hot asphaltic concrete. Compact by rolling to maximum surface density and smoothness. 4. Protection: a. After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. b. Erect barricades to protect paving from traffic until mixture has cooled and attained its maximum degree of hardness. C. Field Quality Control 1. General: Test the in-place asphaltic concrete courses for compliance with requirements for thickness and surface smoothness. Repair or remove and replace unacceptable paving as directed by the engineer/architect. 2. Thickness: The compacted thickness of the base or surface courses shall be not less than that shown on the drawings. 3. Surface Smoothness: Test finished surface of each asphaltic concrete course for smoothness, using 13' straight edge applied parallel with the centering of paved area and extended across all joints. Surfaces will not be acceptable if exceeding the following tolerances for smoothness: a. Base Course Surface: 1/4" b. Wearing Course Surface: 3/8" Check surfaced areas at intervals as directed by the engineer. PAVEMENT RESURFACING A. Inspection: Contractor must examine the areas and conditions under which paving is to be installed. Notify the engineer in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the engineer. B. Cleaning and Preparing Existing Surface 1. Where this surface course is constructed on the existing pavement or old base which is irregular, and where so shown on the plans, the existing surface shall be brought to the proper grade and cross section by patching and/or a leveling course. Prior to applying patching, leveling course, or surface course on the existing pavement, the surface shall be cleaned and all foreign matter removed, and a tack coat applied as specified herein. A similar tack coat shall be applied over patches or leveling courses. 2. Prime Coat: Apply at the rate of 0.10 gal. per sq. yd. over compacted base. Apply material to penetrate and seal, but not flood, surface. Apply a light uniform cover of sand and allow to cure. 3. Tack Coat: Apply to contact surfaces of previously constructed asphalt or portland cement concrete and surfaces abutting or projecting into asphalt concrete pavement. Distribute at the rate of 0.02 to 0.08 gal. per sq. yd. of surface unless a more specific rate is specified on the drawings. C. Placing the Mix 1. General: a. Spreading, compacting and jointing the wearing surface shall be in strict accordance with Section 330 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. b. Place asphalt concrete mixture on clean prepared surface, spread and strike-off. Place inaccessible and small areas by hand. Place each course to required grade, cross-section, and compacted thickness. c. Mixture used for patching and leveling course shall not be prepared and hauled to the road at a rate faster than spreading and compacting can be completed before the temperature of the mixture drops too low for proper spreading and compacting, all as determined by the engineer. 2. Joints: Make joints between old and new pavements, or between successive day’s work, to ensure continuous bond between adjoining work. Construct joints to have same texture, density and smoothness as other sections of asphalt concrete course. Clean contact surfaces and apply tack coat. 3. Patching: No skin patching shall be done. When a depression is to be corrected while the mixture is hot, the surface shall be well scarified before the addition of fresh mixture. If irregularities occur greater than the limits herein specified, and are not corrected while the mixture is still hot, the irregularities shall be cut out for the full depth of the layer, and replaced with fresh, hot asphalt concrete. Compact by rolling to maximum surface density and smoothness. 4. Leveling Course: Where a leveling course is required before a spreading and leveling course, all depressions in the existing surface more than 1" deep shall be filled by spot patching. The leveling course mixture shall then be thoroughly compacted. 5. Protection: a. After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. b. Erect barricades to protect paving from traffic until mixture has cooled and attained its maximum degree of hardness. D. Field Quality Control 1. General: Test the in-place asphalt concrete courses for compliance with requirements for thickness and surface smoothness. Repair, or remove and replace, unacceptable paving as directed by the engineer. 2. Thickness: The compacted thickness of the base or surface courses shall be not less than shown on the drawings. 3. Surface Smoothness: a. Test finished surface of each asphalt concrete course for smoothness, using a 15' straight edge applied parallel with the centerline of the paved area and extended across all joints. Surfaces will not be acceptable if exceeding the following tolerances for smoothness. (1) Base Course Surface: 1/4" (2) Wearing Course Surface: 3/8" b. Check surfaced areas at intervals as directed by the engineer. E. MILLING OF EXISTING ASPHALT PAVEMENT The work in this section consists of removing existing asphaltic concrete pavement by milling to improve the ride ability of the finished pavement, to lower the finished grade adjacent to existing curb prior to resurfacing, or to completely remove existing pavement. The District will specify the depth of the cut. Milled material will become property of bidder. PART 4 STORM SEWER MANHOLES: A. General: Contractor shall provide pre-cast reinforced concrete storm sewer manholes as indicated, complying with ASTM C478. B. Top: Shall be pre-cast concrete, of concentric cone, eccentric cone, or flat slab top type, as Indicated. C. Base: Pre-cast concrete, with base riser section and integral floor, as indicated. D. Frame and Cover: Shall be Ductile-iron, 26-inch diameter cover, heavy-duty, indented top design, with lettering cast into top reading “STORM SEWER.” PART 5 CATCH BASINS: A. General: Provide pre-cast reinforced concrete catch basins at indicated. B. Basin: Pre-cast reinforced concrete, in accordance with Florida Department of Transportation Standard Specification Section 425, standard index drawings and ASTM C478. C. Frame and Grate: As indicated on drawings, meeting Florida Department of Transportation Standard Specification Section 425 PART 6 POLYETHYLENE PIPE AND FITTINGS: A. Contractor shall provide high-density corrugated polyethylene smooth interior pipe with annular exterior corrugations. Contractor shall provide pipe fittings and accessories of same material and weight/class as pipes, with adjoining method as indicated. All roof drain connections shall be made with a pre-manufactured welded tee fitting. B. All materials shall comply with AASHTO M294 Type S, AASHTO M252, ASTM 3350 and ASTM D2321. All pipe and fittings shall be “HI-Q SURE-LOK” as manufactured by Hancor, Inc. or as approved by the Engineer. PART 7 STORM SEWER PIPE: POLYVINYL CHLORIDE PIPE: A. Contractor shall provide 6 to 8 inch diameter PVC: SDR 35 conforming to ASTM C3034, with push-on rubber gasket joints. B. Contractor shall provide 10 to 12 inch diameter and larger PVC: PS 10 Perma-Lock with push- on rubber gasket joints similar to those as manufactured by J-M Manufacturing Company, Inc or acceptable equal. C. Contractor shall provide Polyvinyl-chloride pipe for use in storm sewers connections to building drains shall conform to the requirements of ASTM D1785, for Type II grade 1, Schedule 40. PART 8 REINFORCED CONCRETE PIPE: A. Contractor shall provide reinforced concrete pipes conforming to ASTM C76-79, Table III, Wall B, or latest revision. B. Contractor shall provide all pipes with modified tongue and groove joints, and have rubber gaskets. PART 9 - UNDERGROUND UTILITIES A. The contractor is responsible for the coordination, facilitation, and scheduling of all utility conflicts. This includes verifying location of temporary or permanent utilities, relocation or adjustment of said utilities, or any other utility related actions on the project. Utilities shall include, but not be limited to: natural gas, LP gas, irrigation, fire mains, water mains, force mains, gravity sewers, water and sewer service lines, underground electrical power and control wiring, and any other infrastructure improvement designed to convey materials or information to and from a location. Utility location services shall be procured by the contractor from a firm specializing in providing said services using ground penetrating radar, ultrasonic location, pot-holding, or other location techniques. The contractor or his subcontractor shall repair any holes or damages resulting from location services within 2 4 hours. PART 10 – DEPARTMENT OF TRANSPORTATION PAINT SIGNAGE A. All pavement markings painted directly on the pavement shall comply with the requirements in District Master Specification Section 02580, entitled “Pavement Marking”. THE SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT Supplier Information Solicitation 20C-46V This form must be filled out along with the W9 Form. (Note: It is your responsibility to contact our office if any of this information should change. Any acquisition or changes in ownership are required on letterhead and a new W9 must be obtained). Purchase orders are required for all purchases. No school district employee is authorized to place an order for merchandise or services without a purchase order. PLEASE NOTE: The School District of Palm Beach County DOES NOT make changes with BidSync (our biddingprovider), you must contact BidSync @ 1-800-990-9339 to ensure your contact information is correct in order to reveiveany future notifications regarding advertised solicitation. ORDER TO: Business Name M&M Asphalt Maintenance Inc.,dba All County Paving Business Name, if different than above Street Address 1180 SW 10th Street Company Email Address for Electronic Purchase Orders publicworks@allcountypaving.com Fax Number 561-588-2140 Taxpayer ID Number 61-1595442 Contact Name Jeffrey Cohen Phone 5615880949 Ext. REMIT PAYMENT TO: Business Name M&M Asphalt Maintenance Inc.,dba All County Paving Street Address 1180 SW 10th Street COMPLETED BY Jeffrey Cohen Title Executive Vice President Date 3-17-20 Use the attached form "Divisions or Subsidiary Companies" that fall under the parent company and use the same tax ID number (TIN) but they have different order to and remit to locations. Supplier Information for Divisions or Subsidiary Companies Indicate N/A here if not applicable N/A This part of the is used for Divisions or Subsidiary companies that fall under the parent company and use the same tax ID number (TIN) but have different order to and remit to locations, including fax numbers and email addresses for Purchase Orders, please complete the following: For questions on this form, please contact DEBRA HAMMERSCHLAG at Phone 561-434-8229 (Email): Debra.Hammerschlag@palmbeachschools.org or Fax: 561-963-3823 City Delray Beach State FL Zip Code 33444 City Delray Beach State fl Zip Code 33444 Parent Company Name ORDER TO: Taxpayer ID Number Division/Subsidiary Name Street Address City State Zip Code Company Email Address for Electronic Purchase Orders publicworks@allcountypaving.com Fax Number Contact Name Phone Ext. REMIT PAYMENT TO: Same as above Division/Subsidiary Name Street Address City State Zip Code COMPLETED BY Title Date Revised 8/12/2019 BOARD APPROVED FMPO9 04/29/2020 AGENDA ITEM INVITATION TO BID NO.: 20C-46V TERM CONTRACT FOR PAVING AND DRAINAGE SERVICES DATE: April 6, 2020 DATE OPENED: March 23. 2020 DATE SOLICITED: February 26, 2020 DATE POSTED: April 6, 2020 PRESENTED TO BOARD: April 29, 2020 CONTRACT PERIOD: June 22, 2020 through June 21, 2023 DEPARTMENT: Various FUND: Various FUNCTION: Various ACCOUNT: Various FUNDING SOURCE: Capital Maintenance Transfer, Capital Projects including Sales Tax Referendum REQUESTING DEPARTMENT: Facilities Department FINANCIAL IMPACT The annual financial impact to the budget is not to exceed $1,500,000. The source of funds is the Capital Maintenance Transfer, Capital Projects including Sales Tax Referendum Items and services to be provided include Paving and Drainage Services AWARD RECOMMENDATION / TABULATION Vendors SBE Certified Devland Site Paving and Utilities, Inc. 2 Saffold Paving, Inc.** 2 M & M Asphalt Maintenance Inc., DBA All County Paving** 2 Mullings Engineering Services, LLC 2 Almazan Construction* 1 Wynn & Sons Environmental Construction Co., Inc. 2 Florida Blacktop Inc. 2 LEGEND: _______ = Award SBE CERTIFIED - (1-Vendor SBE Certified, 2-Vendor Not SBE Certified, 3- Awarded Vendor Using SBE Subcontractor) *5% SBE preference for vendor applied. Revised 8/12/2019 **Saffold Paving, Inc. and M & M Asphalt Maintenance Inc., DBA All County Paving are SBE Certified vendors however are not SDPBC Certified SBE vendors therefore they will not receive the 5% SBE preference. RECOMMENDATION: It is recommended that the award be made to all responsive and responsible bidders in order to meet the needs of the School District. Note: Original Bid document is available upon request. BID PROTEST Failure to file a protest within the time prescribed in §120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes and applicable Board rules, regulations and policies. Offers from the vendors listed herein are the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late. If a bidder wishes to protest a bid, they must do so in strict accordance with the procedures outlined in FS 120.57(3). Any person who files an action protesting a decision or intended decision pertaining to this bid pursuant to FS 120.57(3)(b), shall post with the Purchasing Department, at the time of filing the formal written protest, a bond secured by an acceptable surety company in Florida payable to the School District of Palm Beach County in an amount equal to 1 percent (1%) of the total estimated contract value, but not less than $500 nor more than $5,000. Bond shall be conditioned upon the payment of all costs that may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier's check, certified bank check, bank certified company check or money order will be acceptable form of security. If, after completion of the administrative hearing process and any appellate court proceedings, the District prevails, it shall recover all costs and charges included in the final order of judgment, including charges by the Division of Administrative Hearings. Upon payment of such costs and charges by the protester, the protest security shall be returned. If the protest prevails, he or she shall recover from the District all costs and charges, which shall be included in the final order of judgment. DISQUALIFYING CRIMES The bidder certifies by submission of this bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by the State of Florida or Federal Government. Further, bidder certifies that it has divulged, in its bid response, information regarding any of these actions or proposed actions with other governmental agencies. Tab Approval DG: ____________ GM: ____________ DHA: ____________ ESTIMATED QTY A.CY 1000 B.ea 50 C.ea 45 D.ea 30 E.ac 75 ESTIMATED QTY A.cy 1000 B.cy 2000 c.cy 4000 D.cy 500 E.CY 500 F.cy 200 G.cy 200 H.cy 200 I.cy 200 ESTIMATED QTY A.SY 1000 B.SY 1000 C.SY 1000 D.SY 1000 E.SY 1000 F.SY 1000 G.SY 1000 H.SY 1000 I. cy 500 J.sy 1000 K.sy 1000 L.sy 1000 M.sy 1000 N.SY 1000 0 .SY 1000 p sy 1000 Q.sy 1000 20C-46V BID SUMMARY DOCUMENT This Bid Summary Document must be used to submit prices and must be uploaded to Demandstar. Prices submitted in any other format shall not be accepted. Vendor to complete ALL highlighted areas. VENDOR NAME:M & M Asphalt Maintenance, Inc. dba All Countv Paving GROUP 1: CLEARING ITEM DESCRIPTION UNIT UNIT PRICE TOTAL Tree Removal (less than 24" caliper)950.00$ 42,750.00$ Tree Removal (greater than 24" caliper)1,250.00$ 37,500.00$ Topsoil Stripping, stockpiled on-site $7.00 7,000.00$ Tree Removal (Palms - all sizes)1,250.00$ 62,500.00$ GROUP 2: EARTHWORK ITEM DESCRIPTION UNIT UNIT PRICE TOTAL Clearing and Grubbing 7,000.00$ 525,000.00$ TOTAL COST GROUP "1" (ITEM A.-E.)674,750.00$ Fill Material, Imported, Spread & Compacted 12.00$ 48,000.00$ Load and Haul Excavated Material (1-5 miles)12.00$ 6,000.00$ Excavation of Cut Areas to Stockpile 6.00$ 6,000.00$ Excavation of Cut Areas to Fill Areas 7.50$ 15,000.00$ Load and Haul Excavated Material (16-20 miles)16.00$ 3,200.00$ Load and Haul Excavated Material (20-30 miles)20.00$ 4,000.00$ Load and Haul Excavated Material (5-10 miles)13.00$ 6,500.00$ Load and Haul Excavated Material (11-15 miles)15.00$ 3,000.00$ GROUP 3: PAVING /ALL WORK SHALL BE IN ACCORDANCE WITH LATEST FOOT STANDARDS) ITEM DESCRIPTION UNIT UNIT PRICE TOTAL Load and Haul Excavated Material (Over 30 miles-within county)25.00$ 5,000.00$ TOTAL COST GROUP "2" (ITEMS A.-I.)96,700.00$ Base Course, Primed Shellrock, 6" Compacted Thickness 14.00$ 14,000.00$ Shellrock, 8" Compacted Thickness 16.00$ 16,000.00$ Subgrade 12" Subgrade, Compacted (AASHTO T-180)8.00$ 8,000.00$ 12", Stabilized(LBR 40)9.00$ 9,000.00$ Crushed Concrete, 6" Compacted Thickness 13.00$ 13,000.00$ Crushed Concrete, 8" Compacted Thickness 15.00$ 15,000.00$ Limerock, 6" Compacted Thickness 18.00$ 18,000.00$ Limerock 8" Compacted Thickness 20.00$ 20,000.00$ 1" Type S-3 9.00$ 9,000.00$ 1-1/4" Type S-3 9.75$ 9,750.00$ #57 Stone with 35% Voids (for Porous Concrete)40.00$ 20,000.00$ Asphalt Concrete Surface Course (New Paving-Compacted Thickness) 3/4" Type S-3 8.25$ 8,250.00$ 2" Type S-1 13.00$ 13,000.00$ 4" Recycled Asphalt Pavement 9.00$ 9,000.00$ 1-1/4" Type S-1 9.75$ 9,750.00$ 1-1/2" Type S-1 11.45$ 11,450.00$ 6" Recycled Asphalt Pavement 11.00$ 11,000.00$ School District of Palm Beach County Unit Pricing 2020-2023 R.SY 1000 S.SY 1000 T.sy 1000 U.sy 1000 V.sy 1000 w.sy 1000 X.sy 1000 Y.sy 1000 Z.sy 1000 AA.ea 20 BB.ea 20 CC.cy 100 DD.cy 100 EE.sy 500 FF.cy 100 GG.CY 100 HH.SY 500 II.SY 1000 JJ.sy 1000 KK.sy 1000 ESTIMATED QTY A.SY 1000 B.SY 1000 c.ton 100 D.sy 1000 E.sy 1000 ESTIMATED QTY A.ea 10 B.ea 3 C.sy 300 D.sy 800 ESTIMATED QTY A.ea 4 B.ea 4 C.ea 4 D .ea 4 E.ea 4 6" Asphalt Base Course (ABC 3)40.00$ 40,000.00$ 8" Asphalt Base Course (ABC 3)52.00$ 52,000.00$ 4" Asphalt Base Course (ABC 3)28.00$ 28,000.00$ 8" Solid Concrete (3000 psi)85.00$ 85,000.00$ 4" Porous Concrete (4000 psi)75.00$ 75,000.00$ Concrete Surface Course (New Paving) 4" Solid Concrete (3000 psi)60.00$ 60,000.00$ 6" Solid Concrete (3000 psi)70.00$ 70,000.00$ Mobilization, East of Twenty-mile Bend 1,350.00$ 27,000.00$ Mobilization, West of Twenty-mile Bend 1,950.00$ 39,000.00$ 6" Porous Concrete {4000 psi)85.00$ 85,000.00$ 8" Porous Concrete {4000 psi)95.00$ 95,000.00$ Reworking Existing Base Course Scarify Existing Base 5.00$ 2,500.00$ Adding Base Material, Shellrock 50.00$ 5,000.00$ Asphalt Removal and Disposal 165.00$ 16,500.00$ Concrete Removal and Disposal 215.00$ 21,500.00$ Milling of Existing Asphalt Pavement {Includes Disposal) 1/2" Average Depth 3.50$ 3,500.00$ 1" Average Depth 4.25$ 4,250.00$ Adding Base Material, Limerock 65.00$ 6,500.00$ Finish and Compact Base Course Primed 9.00$ 4,500.00$ GROUP 4: RESURFACING /Includes broom sweeo/surface oreo and disoosall ITEM DESCRIPTION UNIT UNIT PRICE TOTAL 1-1/2" Average Depth 4.75$ 4,750.00$ TOTAL COST GROUP "3" (ITEMS A.-KK.)939,200.00$ Leveling Course 125.00$ 12,500.00$ Tvpe S-1, 3/4" Compacted Thickness 7.50$ 7,500.00$ Pavement Resurfacing Tvpe 11, 1" Compacted Thickness 8.25$ 8,250.00$ Type Ill, 1"Compacted Thickness 9.25$ 9,250.00$ GROUP 5: REPAIRS ITEM DESCRIPTION UNIT UNIT PRICE TOTAL Type S-1, 1" Compacted Thickness 8.25$ 8,250.00$ TOTAL COST GROUP "4" (ITEMS A.-E.) $ 45,750.00 Asphalt for jobs up to and including three (3) square yards 55.00$ 16,500.00$ Asphalt for jobs greater than three (3) square yards 50.00$ 40,000.00$ Mobilization, East of Twenyv-mile Bend 1,350.00$ 13,500.00$ Mobilization, West of Twentv-mile Bend 1,950.00$ 5,850.00$ FDOT Manholes (DEPTH MEASURED GRATE TO LOWEST INVERT. ALL MANHOLES TO INCLUDE Storm Sewer Manhole, 4' in Diameter x 4' Deep (installed)3,400.00$ 13,600.00$ Storm Sewer Manhole, 4' in Diameter x 6' Deep (installed)3,700.00$ 14,800.00$ TOTAL COST GROUP 5 (ITEMS A.-D.) $ 75,850.00 GROUP 6: STORM DRAINS ITEM DESCRIPTION UNIT UNIT PRICE TOTAL Storm Sewer Manhole, 6' in Diameter x 6' Deep (installed)4,100.00$ 16,400.00$ Storm Sewer Manhole, 4' in Diameter x 8' Deep (installed)3,900.00$ 15,600.00$ Storm Sewer Manhole, 6' in Diameter x 4 ' Deep (installed)3,700.00$ 14,800.00$ F.ea 4 G.ea 4 H.ea 4 I.ea 4 J.ea 4 K.ea 4 L.ea 4 M.4 N.4 0.4 P.6 Q.6 R.6 S.6 T.6 U.6 V.6 W.6 X.6 Y.6 DESCRIPTION ESTIMATED QTY A.40 B.50 C.50 D.35 E.40 F.45 DESCRIPTION ESTIMATED QTY G.40 H.40 40 J.40 K.600 24,600.00$ Storm Sewer Manhole, 6' in Diameter x 8' Deep (installed)4,800.00$ 19,200.00$ Type E Catch Basin, inside dimension 3'1" x 4'1" and 4' Deep, Installed 4,400.00$ 17,600.00$ Type C Catch Basin, inside dimension 2'0" x 3'1" and 6' Deep, Installed 4,400.00$ 17,600.00$ FDOT Storm Basin (DEPTH MEASURED GRATE TO LOWEST INVERT. ALL MANHOLES TO INCLUDE Type C Catch Basin, inside dimension 2'0" x 3'1" and 4' Deep, Installed 3,400.00$ 13,600.00$ Type D Catch Basin, inside dimension 3'1" x 4'1" and 4' Deep, Installed 3,900.00$ 15,600.00$ Type C Catch Basin, inside dimension 2'0" x 3'1" and 8' Deep, Installed ea 4,800.00$ 19,200.00$ Type D Catch Basin inside dimension 3'1" x 4'1" and 8' Deep, Installed ea 5,800.00$ 23,200.00$ Type D Catch Basin inside dimension 3'1" x 4'1" and 6' Deep, Installed 4,400.00$ 17,600.00$ Type E Catch Basin, inside dimension 3'1" x 4'1" and 6' Deeo, Installed 4,800.00$ 19,200.00$ Type E Catch Basin inside dimension 3'1" x 4'1" and 8' Deep, Installed ea 5,800.00$ 23,200.00$ ADS YARD DRAINS or approved equivalent (DEPTH MEASURED GRATE TO LOWEST INVERT. ALL 8" ADS Drain 4' Deep, Installed ea 1,600.00$ 9,600.00$ 24" ADS Drain 4' Deep, Installed ea 3,800.00$ 22,800.00$ 36" ADS Drain 4' Deep, Installed ea 5,000.00$ 30,000.00$ 12" ADS Drain 4' Deep, Installed ea 2,100.00$ 12,600.00$ 18" ADS Drain 4' Deep, Installed ea 3,100.00$ 18,600.00$ 18" ADS Drain 6' Deep , Installed ea $ 4,500.00 27,000.00$ 24" ADS Drain 6' Deep, Installed ea $ 5,500.00 33,000.00$ 8" ADS Drain 6' Deep, Installed ea 2,250.00$ 13,500.00$ 12 " ADS Drain 6' Deep, Installed ea $ 3,000.00 18,000.00$ GROUP 7: DRAINAGE PIPES-Suooly and install in accordance to Specifications Part 6 and 7 for manufactures ITEM UNIT UNIT PRICE TOTAL 36" ADS Drain 6 ' Deep , Installed ea $ 6,500.00 39,000.00$ TOTAL COST GROUP 6 (ITEMS A.-Y.)485,300.00$ 24" Polyurethane Pipe and Fittings, Installed If 65.00$ 3,250.00$ 30" Polyurethane Pipe Fittings, Installed If 75.00$ 2,625.00$ Polyurethane Pipe and FittinQs HI-Q SURE-LOK by Hancor, Inc., or acceptable ec ua l 15" Polyurethane Pipe and Fittings, Installed If 35.00$ 1,400.00$ 18" Polyurethane Pipe and Fittings, Installed If 45.00$ 2,250.00$ ITEM UNIT UNIT PRICE TOTAL 36" Polyurethane Pipe and Fittings, Installed If 95.00$ 3,800.00$ ADS Rain Leader Connection ea 750.00$ 33,750.00$ 6" Storm Sewer Pipe: Polyvinyl Chloride Pipe, Installed If 18.00$ 720.00$ 8" Storm Sewer Pipe: Polyvinyl Chloride Pipe, Installed If 22.00$ 880.00$ Storm Sewer Pipe: Polyvinyl Chloride Pipe J.M. Manufacturing Co., or acceptable equal Reinforced Concrete Pioe and Fittinas 15" Reinforced Concrete Pipe and Fittings, Installed If 41.00$ 10" Storm Sewer Pipe: Polyvinyl Chloride Pipe, Installed If 33.00$ 1,320.00$ 12" Storm Sewer Pipe: Polyvinyl Chloride Pipe, Installed If 35.00$ 1,400.00$ L.160 8,480.00$ M.160 11,200.00$ N.80 7,200.00$ 0.80 10,400.00$ P.40 6,400.00$ Q.40 7,200.00$ R.8 1,800.00$ s.8 2,000.00$ T.40 3,800.00$ u.40 4,200.00$ V.40 4,800.00$ w.40 3,720.00$ X.40 4,000.00$ $151,195.00 ESTIMATED QTY A.120 2,400.00$ B.80 1,760.00$ c.110 2,750.00$ D.60 1,800.00$ E.100 3,500.00$ F.8 1,000.00$ G.12 30,000.00$ $ 43,210.00 ESTIMATED QTY A.85 2,975.00$ B.125 6,250.00$ C.12 18,000.00$ D.14 28,000.00$ 55,225.00$ ESTIMATED A.lump sum 1 B.lump sum 1 C.lump sum 1 ESTIMATED UNIT PRICE QTY 18" Reinforced Concrete Pipe and Fittings, Installed If 53.00$ 36" Reinforced Concrete Pipe and Fittings, Installed If 130.00$ 42" Reinforced Concrete Pipe and Fittings, Installed If 160.00$ 24" Reinforced Concrete Pipe and Fittings, Installed If 70.00$ 30" Reinforced Concrete Pipe and Fittings, Installed If 90.00$ 60" Reinforced Concrete Pipe and Fittings, Installed If 250.00$ 15" Slotted RCP with Filter Fabric, Installed If 95.00$ 48" Reinforced Concrete Pipe and Fittings, Installed If 180.00$ 54" Reinforced Concrete Pipe and Fittings, Installed If 225.00$ 23" x 14" Elliptical RCP, Installed If 93.00$ 30" x 19" Elliptical RCP, Installed If 100.00$ 18" Slotted RCP with Filter Fabric, Installed If 105.00$ 24" Slotted RCP with Filter Fabric, Installed If 120.00$ 1" PVC (includes valves & fittings)If 20.00$ 1.5" PVC (includes valves & fittings)If 22.00$ TOTAL COST GROUP 7 (ITEMS A.-X.) GROUP 8: WATER DISTRIBUTION SYSTEMS ITEM DESCRIPTION UNIT UNIT PRICE TOTAL 4" PVC /includes valves & fittings)If 35.00$ 4" DIP CLASS 51 If 125.00$ 2" PVC (includes valves & fittings)If 25.00$ 3" PVC (includes valves & fittings)If 30.00$ TOTAL 4" Sewer Service 0'-6' Cut SDR 35 If 35.00$ Connect To Existing Service 2" - 4"ea 2,500.00$ TOTAL COST GROUP 8 (ITEMS A.-G.) GROUP 9: SEWAGE COLLECTION SYSTEMS 4" Sewer Service > 6' Cut SDR 35 If 50.00$ Inside Drop Connection ea 1,500.00$ ITEM DESCRIPTION UNIT UNIT PBICE ITEM DESCRIPTION UNIT TOTAL QTY I UNIT PRICE Connect To Existing Sanitary Sewer ea 2,000.00$ TOTAL COST GROUP 9 (ITEMS A.-D.) GROUP 11: UTILITY LOCATES - Shall be paid as a direct reimbursable, upon presentation of an invoice from 1 Acre 3,000.00$ 3,000.00$ TOTAL COST GROUP 11 (ITEMS A.-C.)6,500.00$ Utilities Locations 1/4 Acre 1,500.00$ 1,500.00$ 1/2 Acre 2,000.00$ 2,000.00$ GROUP 12: MISCELLANEOUS ITEMS ITEM DESCRIPTION UNIT TOTAL A.sy 1000 B.If 100 C.If 100 D.If 100 E.If 100 F.If 100 G.If 100 H.If 100 I.If 100 J.If 100 K.If 100 L.If 100 M.If 100 N.If 100 0.If 100 P.ea 10 Q.ea 10 R.ea 10 S.ea 10 T.ea 10 U.sf 100 V.ea 10 W.ea 10 X.SY 1000 Y.sy 1000 z.SY 1000 AA.If 100 BB.hr 75 Additional items 2,649,255.00$ Additional materials - cost plus percentage bid 1 ea 10% Hourly labor rate 1 hr 75.00$ Sealcoat-per FOOT Road & Bridge Section 310 (Bituminous Surface Treatment)1.00$ 1,000.00$ FOOT 2' Valley Gutter 45.00$ 4,500.00$ FOOT Type F Curb 50.00$ 5,000.00$ 4" White StripinQ (Paint)""0.75$ 75.00$ FOOT 3' Valley Gutter 50.00$ 5,000.00$ FOOT Type D Curb 30.00$ 3,000.00$ 4" White Striping (Thermoplastic)**2.00$ 200.00$ 6" White Striping (Thermoplastic)**3.00$ 300.00$ 6" White Striping (Paint)""1.00$ 100.00$ 12" White Striping (Paint)**2.00$ 200.00$ 6" Colored (any) Striping (Paint)**1.00$ 100.00$ 4" Colored (any) Striping (Thermoplastic)**2.00$ 200.00$ 12" White Striping /Thermoolastic**4.00$ 400.00$ 4" Colored (any) Striping (Paint)**0.75$ 75.00$ FOOT "Stop" Sign with Post, Installed 425.00$ 4,250.00$ FOOT "Do Not Enter" Sign with Post, Installed 425.00$ 4,250.00$ 6" Colored (anv) Striping (Thermoolastic)**3.00$ 300.00$ New Concrete Wheel Stops, Installed 55.00$ 550.00$ Existing Marking - Blackout 2.00$ 200.00$ Parking Symbol - Handicapped (Paint)**100.00$ 1,000.00$ FOOT "Slow" Sign with Post, Installed 425.00$ 4,250.00$ FOOT "Disabled Parking/Fine" Sign with Post, Installed 425.00$ 4,250.00$ Bahia Sod 7.00$ 7,000.00$ Floratam Sod 8.00$ 8,000.00$ Parking Symbol - Handicapped Thermoolastic)""600.00$ 6,000.00$ Survey Layout and Record Drawings $ 5.75 5,750.00$ •• Unit price indicated shall include temporary striping. TOTAL COST GROUP 12 (ITEMS A.-BB.)75,575.00$ Root Barrier 40.00$ 4,000.00$ Vegetation Relocation (including watering)75.00$ 5,625.00$ VILLAGE OF NORTH PALM BEACH GENERAL EMPLOYEES RETIREMENT SYSTEM MINUTES: FEBRUARY 1, 2022 1. Jim Peterson called an electronic meeting of the Board to order at 9:05 AM and called roll. Those persons present included: TRUSTEES Paul Wieseneck, Acting Chairman Alan Kral, Trustee Myrna Williams, Secretary Jane Lerner, Trustee OTHERS Amanda Kish, Administrator (Resource Centers) Blake Myton, Investment Consultant (Truist) Bonni Jensen, Attorney (Klausner Kaufman Jensen & Levinson) 2. APPROVAL OF MINUTES The Trustees reviewed the Minutes for November 2, 2021. The date of minutes at the header is incorrect. Trustee Jane Lerner moved to approve the amended Minutes November 2, 2021, Trustee Alan Kral seconded the motion and the motion passed unanimously. 3. REPORTS Attorney: Klausner Kaufman Jensen & Levinson (Bonni Jensen) Mrs. Jensen informed the Board Ivez Chaves who recently passed without commence his benefit. The beneficiary who is ex-wife requested his retirement benefit. The issue is that Florida has presumption that if you are divorced the beneficiary will need to be renamed the beneficiary to be eligible to collect a benefit. Mrs. Jensen stated that she has been in contact with Mrs. Chavez attorney and will keep the Board informed. Mrs. Jensen presented the special tax notice to the Board. She briefly reviewed the form. Mrs. Jensen requested the Village to add the pension Board to the Cyber insurance. She stated that the village suggested the plan look for their own Cyber insurance. Mrs. Kish stated that Resource Center has cyber liability coverage as do most of the service providers hired by the Board. She stated that if the Board wanted, she could provide a brief overview of the cyber liability insurance at the next meeting. Investment Consultant: SunTrust (Blake Myton) Mr. Myton addressed the board on the performance of the plan for the 4th quarter. He stated that the 4th quarter had great returns He continued to review the market environment and global returns. Returns on total portfolio was 4.60% compared to the benchmark of 4.44% The fiscal year return was 12.57% compared to the benchmark of 11.60%. Total equity was 7.40%verus 7.42%. While fixed income and short term were 0.06% and 0.01% respectively. The Russell 3000 reflected 0.00% and the Bloomberg-Barclays Aggregate Bond was 0.01% The portfolio market value as of December 31, 2021, was $21 million. This is reflective of a net gain of 1 million due to a market rebound. Mr. Myton continued to review the portfolio and changes made. Mr. Myton presented the revised investment policy statement . He reviewed the investment policy in detail and went through the changes made. Alan Kral made a motion to approve the quarterly investment report. The motion received a second from Myrna Williams, approved by the Trustees 4-0. Myrna Williams made a motion to approve the Investment Policy Statement. The motion received a second from Jane Lerner, approved by the Trustees 4-0. Administrator Report: Resource Centers (Amanda Kish) Mrs. Kish presented the benefit approvals for February 2022. The Board reviewed the benefit approval. Trustee Alan Kral, moved to approve warrant dated February 2022, and Trustee Myrna Williams seconded the motion and the motion passed. 4. PLAN FINANCIALS The Board reviewed the Warrant dated February 1,2022. Trustee Paul Wieseneck moved to approve warrant dated February 1, 2022, and Trustee Alan Kral seconded the motion and the motion passed. 5. OTHER BUSINESS Mrs. Kish discussed the meeting at 8:00 AM, so that Bonni can attend. The meetings will be held at 8:30 AM. 6. PUBLIC COMMENTS No members of the public had any comment 7. ADJOURNMENT There being no further business and the Board having previously schedule d the next regular meeting for Tuesday, May 3, 2022 @ 9:00 AM, Paul Wieseneck made a motion to adjourn the meeting at 9:57 AM. The motion received a second from Alan Kral, approved by the Trustees 4-0. Respectfully submitted, Myrna Williams, Secretary Village of North Palm Beach Police and Fire Pension Fund MINUTES OF MEETING HELD February 8, 2022 1 Chairman Robert DiGloria called the meeting to order at 2:00 PM in the conference room of the North Palm Beach Village Hall located at 501 US Highway One, North Palm Beach, FL. Those persons present were: TRUSTEES PRESENT Robert DiGloria, Chairman Erik Jensen Robert Coliskey TRUSTEES ABSENT OTHERS PRESENT Amanda Kish, 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 December 2021 had been presented for the Trustees review and approval. Robert Coliskey made a motion to approve the minutes dated December 2021. The motion received a second from Erik Jensen and was approved by the Trustees 3-0. DISBURSEMENTS Mrs. Kish reviewed the disbursements which had been presented in the Trustees Packets. Erik Jensen made a motion to approve all disbursements. The motion received a second from Robert Coliskey was approved by the Trustees 3-0. HIGHLAND CAPITAL Steve Stack of Highland Capital appeared before the Board to present the Quarterly Manger Report for the quarter ending December 31, 2021. He reported on the current market environment Growth out continued to outperformed value. He reviewed the total return summary stating the cumulative return for the quarter was 4.12% compared to the benchmark 5.63%. The asset allocation was 19,846,979.00 for the quarter ending December 31, 2021. The fiscal return was 12.68% Mr. Stack did not recommend any changes to the portfolio and thinks that it is positioned nicely. Mr. Stack continued to review the report and an economic overview. ANDCO Mrs. Richardville appeared before the Board to present the Investment Report for the quarter ending December 31, 2021. Mrs. Richardville briefly presented a letter on the behalf of AndCo. The letter outlined company growth and some slight changes in the company. The Board asset classes had positive returns. The US economy growth has slowed during the omicron variant which has a negative impact on the economy. The asset allocation increased from $34,261,983.00 to 36,157,028.00. Mrs. Richardville went on to review the quarterly report in detail explaining it was a positive return for the quarter which was 5.58% placing in the 54th percentile. The fiscal year date Village of North Palm Beach Police and Fire Pension Fund MINUTES OF MEETING HELD February 8, 2022 2 return was 5.58% compared to the benchmark of 5.79%. She further reported equities were up 7.48% below the policy of 8.34%, total fixed income was down at -0.17% versus the bench of 0.01%. Real Estate was up for the quarter at 8.81% versus the benchmark of 7.70%. Mrs. Richardville continued to review the individual manager performances. Mrs. Richardville stated that fiscal year performance is outstanding. Mrs. Richardville presented the Value added Realest to the Board. She reviewed the firms within the report. The fees, experience and return of each manager was reviewed in detail. The Board discussed the presented value managers. Mrs. Richardville informed the Board that manager would be funded from Equity. The suggested having the value-added real estate managers to the May meeting. ATTORNEY REPORT Special Tax Notice: Mrs. Jensen presented the Special Tax Notice. She reviewed the Notice in detailing explain the revise IRS rules. Proposed Ordinance: Mrs. Jensen reviewed the proposed ordinance with the Board. The ordinance increases accrued benefit cap to 80% for Firefighters effective October 1, 2022. Effective October 1, 2022, the Firefighters Contribution will increase 7.5% and will continue to increase until 2024. The Ordinance will need to be presented to the Village. The Board held a discussion regarding the ordinance and questioned if the changes should be effective the date of the bargaining. Mrs. Jensen stated that she can check with Collective Bargain Associate. Erik Jensen made a motion to approve the Plan Attorney to discuss the benefit change with the Union Attorney. The motion received a second from Robert Coliskey was approved by the Trustees 3-0. Erik Jensen made a motion to approve the remove any investment restriction from the Investment Policy Statement. The motion received a second from Robert Coliskey was approved by the Trustees 3-0. ADMINSTRATORS REPORT Robert Di Gloria made a motion to adjourn the meeting at 3:34 PM. The motion received a second from Robert Coliskey and was approved by the Trustees 3-0. Respectfully submitted, Robert Coliskey 1 THE VILLAGE OF NORTH PALM BEACH Village Manager’s Office THE BEST PLACE TO LIVE UNDER THE SUN” Environmental Committee Meeting MINUTES Anchorage Park Monday, April 11, 2022 6:00 pm 1. Call to Order: Chairperson Karen Marcus called the meeting to order at 6:01 pm. 2. Roll Call: Present: Karen Marcus, Lisa Interlandi, Mary Phillips, Kendra Zellner, Ellen Allen, Shawn Woods, Camille Carroll Also Present: Ken Hern, Streets & Storm Water Manager; Marc Holloway, Solid Waste Manager 3. Public Comments - Kristina Domjanov owner of Sprouty Pie/Lolly’s Pantry, 797 Northlake Blvd. striving to become a green restaurant and establish a low carbon footprint. They would like to head up an initiative to encourage Village restaurants to become green. They don’t have the resources to do so and requested Village support. Committee requested Public Works deliver paper and plastics recycling bins to Sprouty Pie/Lolly’s Pantry and establish weekly pick-ups. 4. The Minutes of the March 7, 2022 regular meeting were approved. 5. Presentations: a. Laura Ortiz, Solid Waste Authority - where our recyclables go. b. Marc Holloway, Solid Waste Manager – recycling pick-up schedule modification. i. Committee recommended possibility of reverse 911 calls for recycling education. ii. Committee recommended hurricane preparation education. c. Mark Cassini, Community Greening – identified the goals and objectives of a tree canopy survey. 6. Projects/Program Updates/Discussion: a. Anchorage Park Dry Storage - Ken Hern provided an update to the landscaping plan. 2 b. Community Greening: i. Grant Opportunities - still working with Ryan – targeting fall submissions. ii. Current swale tree permitting process - Committee still reviewing tree and shrub types. iii. Tree canopy assessment proposals – selection of provider - Committee recommended Planit GEO. iv. Tree canopy assessment/master plan presentation to Council - no action until assessment is complete. v. Heritage Day Tree Giveaway: 1. Mark Cassini recommended shade trees, oak, mango, avocado to name a few. 2. Committee recommended native over ornamental and shade trees over palm. vi. April 29 Arbor Day Tree Giveaway: 1. Committee mentioned that Amber has trees she can donate. 2. Committee recommended the event take place at community garden. 3. Proclamation was signed by former Mayor Aubrey last year. c. Community Garden - possible planting of tree for Arbor Day. d. Water Quality Initiatives: i. RFQ for the Village’s Storm Water Master Plan – Hazen and Sawyer was selected by an evaluation committee and will be recommended to Council for approval on April 28. ii. Lida traps - Ken Hern stated that the traps will be emptied and taken to Loggerhead Marinelife Center to be inventoried. iii. Country Club golf course pond water samples - Ken Hern stated it appears that the outreach of the golf course and site has not resulted in the presence of tested parameters being present in surface water samples collected at concentrations that federal regulations require. e. Lakeside Berm – a plant species signage sample was shown to the committee. f. FPL Car Charging Stations Installation – no update. g. Ban on Plastics - Business Promotion: i. Committee requested updates from Ed Cunningham on Environmental “Letters”, PR Articles for new business and door hanger education flyers. ii. Committee recommended encouraging utilization of maze and bamboo straws. iii. National restaurant chains will be more challenging to change than small local businesses. h. Speaker Series: Chairperson Marcus recommended Ken Hern contact SWA to present at the May 14 event @ 10AM at the Country Club. i. Natural Shoreline protection; code language – no update. j. Anchorage Park Oyster Beds - Lisa Interlandi mentioned that Florida Oceanographic Society in Stuart is promoting backyard oyster bed installations. This could be considered for the Village. She will provide details at the next meeting. k. Cul-de-sac Island Improvements – Ken Hern provided recommendations for committee approval. 3 7. Miscellaneous: a. Kendra Zellner requested the following items be added to the May 2 agenda: i. Village Modeling – “Practice what we preach”: 1. Village Staff and Buildings – Not using plastics and Styrofoam (Water bottles/utensils/cups) ii. Unused Food Initiatives – Zero waste food resolution: 1. Restaurants. 2. Schools. iii. Climate Literacy education for residents. iv. New Construction – Green Building Plans. v. Green Certification Standards: (this would replace the BAN ON PLASTICS agenda item) 1. Restaurants. 2. Business. b. Committee requested consideration of using DRONES, in place of fireworks, for the July 4th celebration. 8. Next meetings: the next meeting will be on May 2, 2022 at 6:00 pm in the Anchorage Park building. 9. Adjournment: the meeting adjourned at 8:18 pm. Village of North Palm Beach Recreation Advisory Board Minutes April 12, 2022 at 7:00 p.m. Anchorage Park Chairman Bob Bell (X) Vice Chair Don Grill (X) Member Maria Cassidy (X) Member Paul Beach (X) Member Stephen Heiman (X) Member Rita Budnyk (X) Member Mia St John (X) Recreation Stephen Poh ( ) Council Rep. _Deborah Searcy___ (X) Leisure Services Zak Sherman (X) Call to Order: At 7PM. Roll Call: All board members present. Mayor Searcy present. Approval of Minutes: Rita: 1 correction on Bob Silvani’s comment concerning survey of 11 houses. Some residents in those 11 houses objected to 2nd basketball hoop being installed; not all 11 residents. Paul motion to approve; Stephen second. All in favor. Public Comment: Cards turned in by Mary Phillips and John Taylor. Mary Phillips (Ebbtide): Anchorage Park docks. I walk every day in Park and I enjoy the docks, and some people leave a lot of fish guts. Day after heritage fest there was a lot of heads, guts, blood, etc. We are hoping to get signage as a reminder that people need to clean up. John Taylor (Dory): Lakeside frequenter. Address concerns regarding past and proposed vegetation management on Lakeside Park dune. The vegetation management is a concern. Sea oats were cut to ground allowing invasives to grow. A cut back last year caused erosion. The concern is that the management is not proper. Integrity of dune is a question. Flood zone risk has gone up. Park is lowest part of our neighborhood. Impact for erosion and flood risk. Spoke to Zak about concerns. Dr. Deborah Miller Professor wildlife UF. Removal of sea oats is bad idea. Sunflower can be added behind. Propose the village speak with someone without vested monetary interest. Directors Report:  Accomplishments  Ongoing projects  Programs and events Lakeside Park:  Berm o Environmental Quality Inc. did one of their regular maintenance treatments to the berm last weekend. As part of that, and at staff request, they knocked down the Nickerbean that was there. It was getting high. The plan was to treat the top of the berm to manage growth (as part of the regular treatment plan) and improve the viewshed (for some of the local residents). Unfortunately, the crew that came out cut the Nickerbean back trimmed it too low, exposing the top of the berm (because there weren’t too many sea oats there) as well as the slope. This caused concerns about new erosion problems. Per Katharine, the Nickerbean will grow back (as will the sea oats). On April 8, she and her crew came back to plant some additional vegetation on her own dime. As part of that work, they put down coconut matting and a bunch of ground cover plants. These include Dune sunflower, beach verbena, beach creeper, and Iva. Essentially, the timing of the Nickerbean trimming was a bit out of sync with the overarching plan for the Berm. In thinking about timing, it would have been better for us to wait until the work at the south walkover was completed (and the riprap in place) before doing anything that could affect the integrity of the slope. This was a learning experience for all of us. o Signage for the plants that Katharine previously planted at the north walkover should be in any day. Signs will list the names of the plants.  Sea grape tree uprooted o Uprooted from the storm the other day. o Precision will dig it up and straighten it out. Stephen also spoke to him about adding more sea grapes. Precision suggested 40 of them in 3 gallon pots. This was also an Environmental Committee request.  Sidewalk near park entrance o Flying Scott repaired some pieces of sidewalk near front entrance.  Precision o Still waiting on Precision to trim some branches overhanging the new berm work and clean up some roots that are potential trip hazards.  Split rail fence o Still waiting on fencing to arrive so we can address 3 trouble areas: plan to rearrange split rail fence so vehicles don’t drive over Dr. Higgin’s property to enter park; installing split rail fence at end of driveway of 706 Lakeside Circle to prevent vehicles from driving into park; and adding another portion of fence to block people from driving over bushes/wheel stop into park from the north trail entrance on Lakeside Dr. Ordering more split rail for Anchorage as well as part of same order.  Basketball Court o Plans to fix or change the court on hold for now. Concrete is expensive to remove/fix! We received one quote so far to repair the concrete surface. It is a bigger job than we thought. It would cost $45k!! to repair the concrete alone.  New Cameras o Installed 4 new Verkada system cameras for the park (inside the park). These will allow remote access into the Park 24/7 and allow us to pull video on the fly. Cost was $5,600.00. There is also a $50.00 per month data charge for the 5g aircard. IT plans on converting the parking lot cameras in the next budget year.  Park Ranger o Golf cart is still on track to arrive in June. o Staff picked out 7 resumes for the open Ranger position. o Narrowed down to two finalists. o We offered the position to one gentleman who was former military police. He declined after thinking it over. We then offered to the other gentleman, a retired police officer, and are waiting to hear back. o Don: Why didn’t he accept position? o Zak: may want the flexibility of retirement Anchorage Park:  New Playground o Survey for new playground is live! Residents can choose from two final designs. Survey runs from April 1-18. o In addition to the online survey, staff put out signage at the park and library, and residents can scan a QR code to the survey. o Please note: In the survey, we received a few questions as to why the swing set area did not include shade or turf. The reason why is because it would have put us over budget. Our budget for the project is $450k. Both final designs are priced in the $430s. On Option A, for example, to add shade over the swings and additional turf would raise the price from the $430s to $513k- about $80k! o Once playground is in, we’ll most likely add some new seating.  Current playground o One of the shade covers over the playground needed to be repaired. Fire came by with their bucket truck and helped!  Dry Storage o Engineers are working on 90% plans. Work on a fire hydrant design will be done in house. o Replaced two locks that were broken. Thank you to public works for sending Nelson to help weld each lock onto its chain.  Kayak launch area o Received three quotes so far. Although expensive, the Geotech option may be the best bet. The quote from the geotech company was $2,100 for material and $13,400 for installation. In April, we will reassess the budget and see where we stand. This may be something we reexamine for next year.  Trail adjacent dry storage on north side o Some roots are sticking through pathway creating a trip hazard. Received quote. Plan to do the job asap with All County on April 14. Roots will be removed and trail fixed!  Sidewalk near entryway o Flying Scott repaired stretch of sidewalk along entryway.  New bollard o New bollard is in. Plan to install in middle of trail so vehicles cannot pull into park area on north side by sand volleyball courts.  Volley ball courts o Added sand to north courts.  Memorial bench o Bench put in by playground. Plaque installed as well.  Dog Park o Jupiter plumbing is working to fix fountain in big dog park. They will need to install new drain line. We also asked them to look at the drinking fountain by the tennis court. That one needs some work too. We also asked if they could add a spigot so we could connect a hose. It would have a lock on it of course so only those with a key could access it.  Precision o Still waiting on Precision to take care of moss/vines on some trees and; o Replace 2 dead oaks, treat 2 oaks, and remove 1 dead palm.  Carpet cleaning o Will be cleaned after the Easter program and every 6 months thereafter.  Revised Waitlist form procedure o As part of the waitlist form, Becky ordered a “RECEIVED” stamp that includes the date and a line to sign your name, if you’re the staff member who accepts the form from the resident. o If Becky is out of the office and a resident comes in wanting to add themselves to the marina or dry storage lists, staff are to give them the waitlist form to fill out and then stamp it and sign their name before placing on Becky’s desk. o Staff can make the resident a copy of the filled out form once it is stamped so they at least leave with some form of proof that they were in. o When Becky gets back, she’ll fill out the “staff only” section and email the resident the final copy. She will also save the final copy in the Marina folder on the shared drive for future reference. o Soon, we will also be checking into waitlist software, so these procedures could change again once everything is automated. We actually found one that seems to be able to do what we’d like it to do, so we’ll test it out shortly. o Maria: would we be able to remind them to update info? o Zak: residents would have complete control o Bob: it looks great o Dr. Searcy: will all their info be public? o Zak: the only info we currently have public is list position and name o Stephen: it is public record. o Bob: is the site municipal specific? People’s email addresses should not be public. o Zak: the site is not municipal specific but looks like it may work for our needs. Plan to test it out shortly. Marina:  ADA parking space and sidewalk project finished; precision also placed sod around sidewalk and in front of parking space. Mike’s Aluminum also installed new railing.  Boat ramp o Public works finished installing all the non-slip covers on the ramps! Community Center:  Main field o The fields at the Community Center will be mostly closed Monday, April 18th – Sunday, July 10th for maintenance. Signs will be posted. One or two gates will still be open for access.  T-Mobile o Still waiting on T-Mobile for reimbursement for damage done to fields in December. I reached out to them the other day to follow up.  Playground o Still aiming for May/June construction. o ARC, the company doing the install, already got the permits and dropped them off at Building. Once parts are in, we’ll just need to let Building know the date(s) of installation.  Soccer o End-of-season party took place March 31. Staff cooked on the grill. Thanks Becky! Three members of the Lighthouse Camera club were also on hand to take photos of the event. They gave us over 1,000 photos the other day. The kids had fun playing their games and getting their trophies.  Spring Break Camp o Camp was awesome! o Had many positive reviews.  Spring Basketball League o Headed by Perseverance. o League to run April 4 through May 26. o Ages K through 9th grade. o $110 Resident / $135 Non-resident o IT helped us get online registration. o 1 practice and 1 game per week. o Practices/games start at 5:30 p.m. o Registration total: 221 (some are on waitlist)  Grades K-1: 40, 2 waitlisted  Grades 2-3: 40, 4 waitlisted  Grades 4-5: 40, 13 waitlisted  Grades 6-7: 40, 4 waitlisted  Grades 8-9: 39 (1 spot open) o Residency  72 Residents  148 Non-residents o Method  64 In Person  156 Online (first time ever having online registration!!) o Each division will have 4 teams  Sod o Precision to installed new sod next to concession stand to repair damaged caused by T-Mobile crane.  Gym floor o Stephen contacted a company to look at the gym floor. The floor is damaged in a few areas because of the bleachers. This is an old issue. We are waiting on a quote to repair. We are also working with them to determine whether we need to replace the bleachers. We don’t want to fix it if it will just happen again. We want to do it right.  Indoor basketball goal o Repaired one goal March 30.  Precision o Still waiting on Precision to take care of moss/vines on some trees.  Concession stand restroom area o Pressure washed restroom area. o PW installed new lighting inside restrooms. Osborne Park:  Basketball Court o Revised quotes are in to refurbish basketball court. We have a grant for $50k. So far, the project is looking to come in for less than that. We plan to use 4 different companies to complete the work. We discussed painting a ship’s wheel in the middle of the court but that would raise the price over budget considerably, so we have to pass on that for now. Project includes resodding a small area as well. o Stephen recently order the new goals (posts, backboards) for the courts. Once they arrive, we will take the old ones out and have the new ones installed. Then we will reasphalt, then paint, then install backboards/hoops.  Bottle filler stations o Public Works installed both bottle fillers. The one by the baseball field is up and running fine. The one at the racquetball courts needs some new plumbing and electrical.  Community Garden o Grand opening and ribbon cutting was March 12 at 10AM. o About 76 attended. o Haverland edged around the garden and filled with mulch prior to the opening. They also donated Muhly grass for garden club to plant. o Precision created a mulch pathway from 1st racquetball court to the garden (path runs between racquetball fence and batting cage fence). They finished the path prior to the grand opening as well. o Public works got 3 quotes for a tiki hut. The middle quote was about $6k. We’ll discuss the installation of a tiki hut at the garden during this year’s budget process. o Rita asked about square footage. o Zak said he’d get the measurements. (measurements are 10X20).  Outdoor restroom o Mike’s Aluminum gave us a quote to replace men’s and women’s restroom doors. Order placed! May take 10-12 weeks to come in.  Memorial bench o Bench was put in by garden. Plaque installed as well.  Field lights o Replaced 2 control boxes for all field lights.  St Clare Baseball game on April 19 Veterans Park:  Pavers o All repairs have been completed. Some bricks weren’t flipped the right way at first and were stained. Company came back out to rectify. Special Events:  Bus Trip: o Rodeo- Arcadia, FL Friday, March 11 / 60$  Depart 10AM and return 7:30PM o Cirque Du Soleil (Lake Buena Vista, FL)  Thursday, March 17 / $110  Depart 1:30PM and return 11PM o Lyric Theatre  March 23rd bus trip to Lyric Theatre did not have enough registrations.  We will postpone this trip and try it again over the summer months.  All on the list have been notified and informed of the idea to try again over the summer. o NET meeting March 23 at Osborne Park  29 attended! Got good feedback on undergrounding and other issues.  Special events o Community Garden Grand Opening  March 12 at 10 a.m.  76 attended! o St. Patrick’s Day Bingo at the library  March 17 at 6:30 p.m.  37 attended! o Community Garage Sale at Community Center  March 19 from 7:30 a.m. to 12:00 p.m.  Well attended and most vendors said they made over $200 each in sales! o Heritage Day Kickoff Party Friday, April 1 @ Osborne Park  Friday Night Heritage Day Kickoff with a Golf Cart Parade! Friday, April 1st from 6:00 p.m. to 9:00 p.m. at Osborne Park (705 Prosperity Farms Road).  50 golf carts showed up for parade!  6 inflatables on the baseball field.  Scoop Coop ice cream.  Wristbands were $5.00 all-you-can-bounce. o Parade and Festival Saturday April 2 at Anchorage Park  Live music, games, a cornhole tournament, putting competition, carnival rides, business expo, and Sons of BBQ.  Parade went well. St. Clares and TCS students marched in the parade.  Sponsors  Farmer’s table gave $1,000! (Stephen worked with them on that).  Stephen also worked to get a $50 gift card from Stormhouse Brewing for the putting competition.  Stephen: would we include golf carts for next year’s parade on Saturday?  Zak: we did ask them all to come back; a few did. The reason we had golf carts Friday is because Andy wanted us to find a way to incorporate west side.  Stephen/Maria: Saturday parade was quiet.  Rita: west side neighborhood was very happy about golf cart parade. o Annual Art Show at Library  Got rained out the other day due to the storm.  Show has been rescheduled for Wednesday, April 13 from 5:30-7:00pm  Upcoming Events: o Books & Bites – Karen White  April 12, 2022  11:00 AM- 1:00 PM at the Country Club.  Buffet lunch and drinks. $40 all inclusive. o 4th of July  Stephen met with Country Club staff to go over 4th of July event.  There will be a pool party.  Recreation staff will be handling fireworks, porta potties, and 2 tents.  Stephen will be meeting with the fireworks folks on Monday. Library:  Facilities o A while back we removed two shelving units that did not have carpet underneath them. Both areas have been patched! o Unprecedented flooding struck at the Village Art Show April 6th, water pouring in the side door and creeping towards the elevator but was stopped in the nick of time. Luckily, staff had access to water pigs and soaked up much of the water. Additional water hogs and absorbent cloths have been ordered in preparation for the coming monsoon season of summer. Stephen is working with Saffold to see what they think about installing some type of drain (because the water had nowhere to go) as well as Stanley and Mike’s Aluminum about the doors (we may need a new door). o Caulking company came out to give us a quote for redoing three of the upstairs windows where water is leaking under the windows. They will send us the quote shortly. o Carpets will be cleaned every April and September. Next cleaning is April 10.  Staffing o Two Clerks received full time positions and will no longer be with us: Jocelyn Mclean with Delray Beach Public Library and Kya Brown with the courthouse. Both positions have been posted. One other recently resigned as well, Carol Lux.  Summer Reading o Planning for summer is underway and local preschool, Faith Lutheran, has reached out to us to schedule private storytimes and come to our events. o Summer lunch application has been submitted and more information should be available soon. We hope to serve free lunches on Wednesday and Friday from 12:30-1:30. School staff usually bring the lunches to be served for free at the library.  Programming o Crafts for Grown-ups - Seashell Wreath – March 17, 2022 at 11:00 AM o Two storytimes were held this week with a total 28 of children and parents. o Knit and Crochet met on Monday with 10 people. o Yoga in the Park had 13 people on Friday. o Great Courses Lectures had 8 members of the public attend. o Book Club met April 7th to discuss the book The Attic on Queen Street by Karen White  13 members of the book club met and discussed the selected book over coffee and cookies.  The author will be present at our Books and Bites program next Tuesday at the North Palm Beach Country Club to discuss her new book The Shop on Royal Street. o Our newest raffle is an Easter Themed gift basket with a $100 gift card to Farmer’s Table at the North Palm Beach Country Club! o Using our new tablecloth, Mary, Lisa and Lynn have created an information desk with all of the sign-up lists and handouts for our adult programs. It looks awesome! o Upcoming: o Jack Jacobs Music Performing – April 8, 2022 at 6:30 PM o Crafts for Grown-ups – Yellow Daisy Painted Mason Jar – April 21, 2022 at 11:00 AM Zak: next council meeting is 2nd reading of ordinance about onstreet parking near Lakeside Park. Mayor Searcy: tightening up parameters. Won’t be able to park on certain streets 24/7 unless have a pass. New Business:  Lakeside Park Berm work discussion Bob Bell: Lakeside berm. Concerning that the Village paid someone to do a job and there was riprap placed there because of erosion concerns. We planted sea oats to solidify Dune and it was great until invasives took over. We need to address this and we need someone to handpick, and two times now we’ve had them take everything out and then a bill to replant. Why don’t we have experts come in to tell us what would be best. It would be good to have expert feedback about what’s best for the park. Spending money isn’t a long-term solution. Zak: 2020 Russ and Katharine begin discussions and worked on plans to improve view shed. And then Stephen picked up the project. The project turned into a larger plan to include 450 linear feet of berm. Called for riprap at bottom. And replanting of sea oats near the bottom of the berm. And lower plants for groundcover. Since 2021, two mistakes were made. Last year invasives were cut out which caused erosion, and the next part of the plan was not in place yet to prevent erosion. The timing was off. If something gets removed, whatever is supposed to take its place needs to go in there right away. Currently, we are in the middle of a proposal for the south walk over, to duplicate what we did on the north walk over. But a crew from environmental quality went out and trimmed down the Nickerbean to the bone. If we were going to do that it should’ve been at the time we implemented the rest of the plan first. Seaoats should’ve been replanted. Katharine apologized and re-planted on her own dime. Bob: We should not be removing sea oats in any case. Concern for dune and maintenance for what’s been planted. Are we doing the right thing by removing Sea oats? Zak: maintenance is supposed to be about hand pulling invasives and weeds. The new type of plantings going in will require a garden type of maintenance. Rita: it’s self-serving to have maintenance contract. We should not remove sea oats. Maria: this is not the right way to go about it. John: There are many resources. We don’t need to hire anyone to take care of it. The plants are failing. We need to have sea oats. Riprap boulders are not right way to go. We don’t need that. The only erosion problem is the one Katharine created for us. It will do its job if we allow it to be a dune. Nothing more resilient than sea oats. Paul: Who are the people with a conflict? Bob: people came up to me saying some people are getting a better view. Make a motion to gather information further. Maria: did we receive a presentation? Bob: no, we were told that the invasives would be removed. Rita: Did this go before the environmental committee? Zak: I believe it did. It’s possible that the details weren’t conveyed properly. Mayor Searcy: it’s more park visitors rather than… Paul: I appreciate that we need to […], but we need a professional. Bob: we need to do what’s right Zak: we are getting input. We are asking her what we should do. Katharine is saying what we are doing will maintain the integrity of the dune. Bob: we need a specialist to tell us that, one that’s not on the end of receiving financial benefit. Rita: contact info for Florida Department of environmental protection available online Maria: are there plans to go forward? Zak: A proposal for 50 linear feet on either side of the south walkover in the works. But nothing has been turned in yet.  New Special Events o Game Night Trivia o Cornhole Tournament o Backyard BBQ Trivia night May 21 in the grassy bowl area. July school of rock and a cornhole tournament. We want residents to participate in the tournaments. Mayor Searcy: semiprofessional or amateur? Bob: Neighborhood group, home chef’s. We could get the scoring from the sanctioned tournaments. November would be a better time (for backyard BBQ). Zak: we need something for Sept. Bob: Will council address this? (i.e., food trucks). Mayor Searcy: We think we could have the fire inspector inspect for the day. Stephen: they don’t want their systems taken apart. Zak: we found a company that does it. 9 to 10 food trucks are willing to have their systems inspected, but The inspector is concerned that he could have an issue putting gas lines back together again. We have heard that Parkland was trying to enforce all these rules but gave up. Rita: could they bring it to them? Zak: it’s really far away. There is one truck that had a gas gauge but is now out of compliance because the pressure gauge broke and they decided to have it removed. Mia: could farmers table help us with food? Old Business:  New Anchorage Playground New Anchorage playground. 275 votes so far. 63% like option A. 29% option B. A few said either is fine. On option A, everyone loves the zip line. The choice of playground designs in the hands of residents. We want your blessing. We’d like to go to Council on April 28. Maria: which playground does Mia like? Mia: I prefer option A ARC Bob: I’d like to make a motion to support the ARC Playground, which is the favorite of the public. All board members were in favor.  Osborne Basketball Court Member Comments: Don: establish date for fishing tournament Saturday, August 6, 2022. Mia: I would suggest a camp with less field trips for younger age group. And perhaps on even younger camp for preschool age. 8 maybe too young to send to far away trips. Mayor Searcy: agree. Spoke to residents who were uncertain about 10-year-olds. Mia: we could charge $300 for younger age groups. Adjournment: Stephen: Motion to adjourn, Don second. 1 THE VILLAGE OF NORTH PALM BEACH Village Manager’s Office THE BEST PLACE TO LIVE UNDER THE SUN” Business Advisory Board MINUTES Village Hall Conference Room Tuesday, April 19, 2022 5:30 pm 1. Call to Order: Village Manager Andy Lukasik called the meeting to order at 5:31 pm. 2. Roll Call: Present: Nina Balgar, Marshall Gillespie, Adam Jones, Ronald Lantz, Veronica Frehm Absent: Dave Talley, Nathan Kennedy Also Present: Andy Lukasik, Village Manager; Susan Bickel, Councilmember 3. Public Comments: None. 4. March 10 Business Networking Event - attendance was approximately the same as the December 8, 2021 event. 5. Future Business Networking Events: a. Establish and provide a regular networking event bi- monthly schedule to local businesses. b. Committee will determine which owners they will invite to sponsor each event. c. Venue could be Farmer’s Table or at the owners’ place of business. d. Restaurateurs could provide a sampling of their food, short presentation and donate a gift card to encourage patronage. e. The next networking event will be in September. f. Committee member Veronica Frehm, Mac Arthur Beach State Park Executive Director, offered the park as the September networking event venue and suggested a restaurant provide breakfast or lunch. 2 6. Business Advisory Board Mission/Goals/Objectives: a. Market North Palm Beach businesses utilizing a “Shop Local” campaign. i. Create a local business owner online directory for inclusion on the Village website with categories such as contractor, retail, restaurant, doctor, recreation, etc. 1. Village staff will create an online form which will populate a database. 2. Identify business owners that live and work in North Palm Beach. 3. QR code and/or link to the online directory will be included in the weekly eNews and in the monthly newsletter. 4. QR code magnet could be sent to each resident. 5. Stress that it’s a local business owner directory and not a recommendation. 6. Village could partner with Palm Beach North Chamber of Commerce for inclusion in their directory. ii. A new resident “welcome basket” could be delivered which would include the online directory QR code or QR code magnet. b. Continue to survey business owners regarding their needs/means to improve. 7. Next meeting: the next meeting will be on May 17, 2022 at 5:30 pm in Village Hall. 8. Adjournment: the meeting adjourned at 6:32 pm. 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: May 12, 2022 SUBJECT: RESOLUTION – Approving a Contract with Hazen and Sawyer for Stormwater Master Plan Modeling and Design Implementation Consulting Services in an amount not to exceed $187,980. Village Staff is recommending Council approval of a Contract with Hazen and Sawyer for Stormwater Master Plan Modeling and Design Implementation Consulting Services in an amount not to exceed $187,980. Background: In 2016, the Village Council adopted the Citizens’ Master Plan. The Plan was the result of a citizen engagement process and intended to guide the next era of growth and development in the Village of North Palm Beach. One of the priority projects identified by the Plan was the creation of a stormwater utility that would finance repairs and improvements, including enhancement of water quality, to the Village’s stormwater system. At that time, it was recognized that the Village’s aging system needed to be maintained to deliver reliable protection of property and enhance the quality of stormwater runoff into the Village’s canals and the Lake Worth Lagoon. Based upon the Citizens’ Master Plan recommendation, the Village conducted an exploratory study to provide information and data related to the establishment of a stormwater fee structure to fund needed stormwater activities and improvements within the Village. Following the completion of a fee study by Hazen and Sawyer, the Village’s Stormwater Utility and Stormwater Fund was established in July 2021 and the non-ad valorem Stormwater Fee was approved in September, 2021. With the stormwater fee in place, the Village Council identified the development of a Stormwater Master Plan as a priority action item in the FY 2022 Strategic Plan. The Stormwater Master Plan will complete the necessary evaluation of the existing stormwater system to identify vulnerabilities and recommend the most economic and feasible approach to addressing the needs of the system. Specifically, the Master Plan will recommend implementation of necessary stormwater system improvements to address conveyance and water quality deficiencies as well as strategies for seal level and storm vulnerability impacts. To that end, Village staff initiated the process to select a consultant to develop the Stormwater Master Plan through the Consultants’ Competitive Negotiation Act (CCNA) process. Request for Qualifications (RFQ) Process: In accordance with Section 287.055, Florida Statutes (CCNA), the Village issued an RFQ on December 21, 2021 in an effort to identify the most qualified firm to provide stormwater master plan modeling and design services to the Village. Five firms submitted their qualifications for review by the Village’s Selection Committee on January 26, 2022. The Selection Committee met on March 1, 2022 to review the qualification and, as a result, invited two firms to present their qualifications to the Committee. The firms presented their qualifications to the Selection Committee on March 30, 2022 and, as a result, the Committee recommended that the Village Council authorize Village staff to begin negotiations with Hazen and Sawyer for the completion of a Stormwater Master Plan. The Village Council, then, authorized Village staff to commence negotiations with Hazen and Sawyer during their meeting on April 14, 2022. Stormwater Master Plan Scope of Work: Generally, the scope of work for Phase I of the project will be delivered within 12 months of the notice to proceed and will include:  Collection of existing and supplemental stormwater infrastructure data necessary to populate and complete a geographic information system (GIS) database,  Development of a hydraulic/hydrologic model including a basin by basin analysis of existing and proposed stormwater systems,  Development of a master plan including capital improvement project to address flooding (based upon storm and sea level rise scenarios) and water quality issues,  Development of design standards for swale improvements and “green infrastructure”, such as bioswales, to pilot in areas throughout the Village,  Recommended possible changes to the Stormwater Utility Fee based upon the capital improvement projects identified in the master plan,  Public outreach and education, and  Assistance with completion of the House Bill 53 Infrastructure Report due on June 30. Ongoing services associated with permitting, securing funding, designing, bidding and providing construction management are included as tasks in Phase II. Costs for any such work will be negotiated at a later date. Funding: The FY 2022 Capital Improvement Plan has approximately $500,000 allocated to complete stormwater related projects. The development of the Stormwater Master Plan will be funded through this project budget. It should be noted that an appropriation for funding for this project is included in the upcoming State of Florida Budget. However, it is not anticipated that the Governor will finalize the budget until June. The Village will not know the status of this appropriation until the Governor finalizes the budget for the upcoming fiscal year. The appropriation, if received, will reimburse 50% of the cost of the Master Plan. The reimbursement will be made to the Village’s Stormwater Fund. Account Information: Fund Department Account Number Account Description Amount Stormwater Utility Fund Public Works H7321-66215 Stormwater Drainage System $187,980 The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff recomments Council consideration and adoption of the attached Resolution approving a Contract with Hazen and Sawyer for Stormwater Master Plan Modeling and Design Implementation Consulting Services in an amount not to exceed $187,980, with funds expended from Account No. H7321-66215 (Stormwater Utility Fund – Stormwater Drainage System) and authorizing the Mayor and Village Clerk to execute the Contract in accordance with Village policies and procedures. RESOLUTION 2022- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CONSULTING CONTRACT WITH HAZEN AND SAWYER, P.C. FOR STORMWATER MASTER PLAN MODELING AND DESIGN IMPLEMENTATION SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 287.055, Florida Statutes (“Consultants’ Competitive Negotiation Act”) the Village issued a Request for Qualifications for Stormwater Master Plan Modeling and Design Implementation Consulting Services (“RFQ”); and WHEREAS, the Selection Committee evaluated the qualification statements submitted in response to the RFQ and recommended Hazen and Sawyer, P.C. as the top-ranked firm; and WHEREAS, at its April 14, 2022 meeting, the Village Council accepted the rankings of the Selection Committee, and Village Staff negotiated a Contract with the top-ranked firm; and WHEREAS, the Village Council wishes to approve a Consulting Services Contract with Hazen and Sawyer and determines that the adoption of this Resolution is in the best interests of the residents 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 are incorporated herein. Section 2. The Village Council hereby approves a Consulting Services Contract for Stormwater Master Plan Modeling and Design Implementation Services with Hazen and Sawyer, P.C., a copy of which is attached hereto and incorporated herein by reference, and authorizes the Mayor and Village Clerk to execute the Contract on behalf of the Village. The total cost shall not exceed $187,980.00, with funds expended from Account No. H7321-66215 (Stormwater Utility Fund – Stormwater Drainage System). Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 8 CONTRACT This Contract is made as of the ____ day of ________________, 2022 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 HAZEN AND SAWYER, P.C., a foreign corporation authorized to do business in the State of Florida, hereinafter CONSULTANT, whose Federal I.D. No is 13-2904652. WHEREAS, the VILLAGE issued a Request for Qualification (“RFQ”) pursuant to Section 287.055, Florida Statutes (“CCNA”), seeking a qualified firm to provide stormwater master plan modeling design services (“Services”) for the VILLAGE; and WHEREAS, based on the qualification statements submitted in response to the RFQ, the VILLAGE selected CONSULTANT as the most qualified firm to provide the Services; and WHEREAS, the VILLAGE and CONSULTANT subsequently engaged in contract negotiations, and CONSULTANT has agreed to provide the Services to the VILLAGE in accordance with the terms and conditions of this Contract. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT. CONSULTANT shall perform the Services as outlined in CONSULTANT’s Scope of Services, a copy of which is attached hereto and incorporated herein by reference. The parties shall negotiate the price and any additional terms applicable to Phase 2 upon completion of Phase 1. ARTICLE 2. TERM OF CONTRACT. The term of this Contract shall commence upon the VILLAGE’s issuance of a Notice to Proceed and shall remain in effect until CONSULTANT completes all services within the Scope of Services to the satisfaction of the VILLAGE, unless otherwise terminated in accordance with Article 8. CONSULTANT shall complete Phase 1 of the Services within one (1) year of the issuance of the Notice to Proceed. ARTICLE 3. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate CONSULTANT for Phase 1 of the Services in the amount of One Hundred and Eighty-Seven Thousand Nine Hundred and Eighty Dollars and No Cents ($187,980.00). B. CONSULTANT shall invoice the VILLAGE on a monthly basis based on the Services performed. Invoices received from CONSULTANT pursuant to this Contract will be reviewed and approved by the VILLAGE’s representative, indicating that the Services have been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. Page 2 of 8 CONSULTANT will invoice the VILLAGE in advance for each payment period. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. C. Services undertaken or expenses incurred that exceeds an amount set forth in the Proposal without prior written authorization from the VILLAGE shall be the liability of CONSULTANT. D. CONSULTANT 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, CONSULTANT will clearly state “final invoice” on CONSULTANT’s final/last billing to the VILLAGE. This certifies that all 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 CONSULTANT. The VILLAGE will not be liable for any invoice from CONSULTANT submitted thirty (30) days after the provision of the Services. ARTICLE 4. INSURANCE. A. Prior to execution of this Contract by the VILLAGE, CONSULTANT shall provide certificates evidencing insurance coverage 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 CONSULTANT has obtained insurance of the type, amount, and classification as required for strict compliance with this Article and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the VILLAGE’S representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Contract. B. CONSULTANT shall maintain, during the life of this Contract, Commercial General Liability insurance, including Professional Liability Errors and Omissions insurance, in the amount of $1,000,000.00 in aggregate to protect CONSULTANT. C. The CONSULTANT shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $500,00.00 combined single limit for bodily injury and property damages liability to protect the CONSULTANT 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 CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. D. The parties to this 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 provide a copy of such exemption to the VILLAGE. E. All insurance, other than Worker’s Compensation, to be maintained by the CONSULTANT shall specifically include the VILLAGE OF NORTH PALM BEACH as an “Additional Insured”. Page 3 of 8 ARTICLE 5. PERSONNEL. A. CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the Services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Services required hereunder shall be performed by CONSULTANT or under its supervision, and all personnel engaged in performing the Services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Services. ARTICLE 6. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, CONSULTANT 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 CONSULTANT pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONSULTANT and its agents, servants or employees. B. CONSULTANT shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results from the 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 CONSULTANT, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. ARTICLE 7. INDEPENDENT CONTRACTOR. CONSULTANT is, and shall be, in the performance of services pursuant to this Contract, an independent contractor and not an employee, agent or servant of the VILLAGE. All persons engaged in any services performed pursuant to this Contract shall at all times, and in all places, be subject to CONSULTANT’s sole discretion, supervision and control, and CONSULTANT shall exercise sole control over the means and manner in which its employees perform such services. ARTICLE 8. TERMINATION. This Contract may be terminated by CONSULTANT 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 CONSULTANT. 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 CONSULTANT. Unless CONSULTANT is in breach of this Contract, CONSULTANT shall be paid for Services 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, CONSULTANT shall: Page 4 of 8 A. Stop Services on the date and to the extent specified; B. Terminate and settle all orders and subcontracts relating to the performance of the terminated Services; C. Transfer all Services in progress, completed Services, and other materials related to the terminated Services to the VILLAGE; and D. Continue and complete all parts of the Services that have not been terminated. ARTICLE 9. SUCCESSORS AND ASSIGNS. The VILLAGE and CONSULTANT 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 CONSULTANT 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 CONSULTANT. ARTICLE 10. ACCESS AND AUDITS. CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Services 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 CONSULTANT’s place of business. In no circumstances will CONSULTANT be required to disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 11. 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 12. 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 Attn: Andrew D. Lukasik, Village Manager Village Hall 501 U.S. Highway One North Palm Beach, FL 33408 Page 5 of 8 and if sent to the CONSULTANT shall be mailed to: Hazen and Sawyer, P.C. Attn: Robert B. Taylor, Jr., Vice President 4000 Hollywood Boulevard, Suite 750N Hollywood, FL 33021 The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 13. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and CONSULTANT 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 14. 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. ARTICLE 15. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 16. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONSULTANT fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 17. EXHIBITS AND CONTRACT DOCUMENTS. All exhibits and other documents referred to in this Contract form an essential part of this Contract. The exhibits and other documents, if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. In the event of an express conflict between this Contract and any exhibit or other document, the terms of this Contract shall control. Page 6 of 8 ARTICLE 18. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 19. 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 20. WAIVER OF SUBROGATION. CONSULTANT 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 CONSULTANT 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 CONSULTANT enter into such an agreement on a pre-loss basis. ARTICLE 21. 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 22. 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 this 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 CONSULTANT knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation arising out of or in connection with this Contract. ARTICLE 23. INSPECTOR GENERAL CONSULTANT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONSULTANT and its subconsultants. CONSULTANT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONSULTANT or its subconsultants to fully cooperate Page 7 of 8 with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. ARTICLE 24. PUBLIC RECORDS. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’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, CONSULTANT shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONSULTANT 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 CONSULTANT 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 CONSULTANT or keep and maintain public records required by the VILLAGE to perform the services. If CONSULTANT transfers all public records to the VILLAGE upon completion of the Contract, CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONSULTANT keeps and maintains public records upon completion of the Contract, CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. ARTICLE 25. E-VERIFY CONSULTANT warrants and represents that CONSULTANT and all subconsultants are in compliance with Section 448.095, Florida Statutes, as may be amended. CONSULTANT 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 subconsultant stating that the subconsultant does not employ, contract with or subcontract with unauthorized aliens. If the VILLAGE has a good faith belief that CONSULTANT has Page 8 of 8 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 belief that a subconsultant has knowingly violated Section 448.09(1), Florida Statutes, but CONSULTANT has otherwise complied, it shall notify CONSULTANT, and CONSULTANT shall immediately terminate its contract with the subconsultant. IN WITNESS WHEREOF, the VILLAGE and CONSULTANT hereto have made and executed this Contract as of the day and year first above written. CONSULTANT: HAZEN AND SAWYER, P.C. BY: Print Name: Title:_____________________________ VILLAGE OF NORTH PALM BEACH BY: ________________________________ DEBORAH SEARCY MAYOR ATTEST: BY:________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY 1 VILLAGE OF NORTH PALM BEACH Stormwater Master Plan Modeling and Design Implementation Engineering Consulting Services PROJECT BACKGROUND The Village of North Palm Beach is proceeding with a Village-wide program to improve stormwater management (both flood protection and water quality). To support this endeavor, the Village has adopted a Stormwater Utility Assessment program to provide stable and dedicated funding for the purposes of reliable and regulatory compliant stormwater management. To that end, the new funding program will support comprehensive stormwater data collection, modeling, master planning, and capital investment. As such, the scope of services below provides for:  Data collection of stormwater infrastructure attributes needed to populate and complete an existing geographic information system (GIS) database, as well as modification of database schema and assistance with migration of data.  The development and implementation of a hydraulic/hydrologic stormwater model of the VILLAGE. The model shall consist of a comprehensive basin by basin analysis of the existing and proposed stormwater systems, and how they react to different boundary conditions, including future projected climatological conditions. Based on the model results, develop a master plan consisting of capital improvement projects (CIP) to address rainfall and tidal-driven flooding, as well as environmental and water quality issues (as noted below).  Provide permitting coordination with primary regulatory agencies relative to the approach, methods and results associated with the aforementioned model in order to expedite permitting of capital improvement projects associated with the program.  Update and/or develop new standard details and specifications for use in both proposed capital improvement projects associated with the program, as well as other future projects.  Assist the VILLAGE in researching, identifying and prioritizing Funding Options/Opportunities and preparing grant applications for activities/projects associated with the program.  Develop a stormwater program component specifically targeted at environmental protection and water quality improvement. This will include programmatic best management practices (BMPs) as well as constructed features to help achieve these goals. 2 SPECIFIC SCOPE OF SERVICES The Scope of Services to be provided by CONSULTANT shall be as follows: PHASE 1 Task No. 1 – Stormwater Inventory/Data Collection The data collection and mapping portion of this project will be performed for the purpose of providing detailed information about the land surface characteristics, the hydrographic features and the stormwater infrastructure throughout the Village. This information will be used to update current data sets and to model the existing surface and stormwater management system. This task will include the collection of data associated with Village owned stormwater structures; verifying, updating and/or adding horizontal and vertical (x-y-z) positions and structure/pipe data (rim, invert, pipe size, material, direction) to existing structures in the Village GIS and other missing structures (to be added as identified in the field). Stormwater structures/pipes including, but not limited to: manholes, catch basins, junction boxes, culverts headwalls and pipe ends will be collected as needed for modeling purposes. To model existing stormwater flow and perform basin delineation, consistent and accurate ground elevation data across the entire Village will be obtained in the form of the latest (existing) aerial LiDAR for the region. 1.1 Aerial Photogrammetry and LiDAR Acquisition, Processing, and Extraction  Feature extraction and ground surface models including a Digital Terrain Model (DTM) and a Digital Elevation Model (DEM) will be sourced from the approved LiDAR dataset for the Stormwater modeling in Task 5.  Feature extraction from the Aerial\LiDAR will include horizontal and vertical positions of features and structures that are visible in the dataset. This will save field time and maintain a consistent level of accuracy. Those features that aren’t visible will be collected by traditional survey methods in the field as part of the field data collection process. Aerial photography will be obtained from the Palm Beach County Property Appraiser (PBCPA) office. 1.2 Field Data Collection Field data collection will start after the initial meeting between the Village and CONSULTANT to determine the ArcGIS Geodatabase schema and extent of attributes to collect. The CONSULTANT will perform surface field reconnaissance in areas adjacent to known/existing Village owned storm drainage networks and other portions of right-of-way likely to include storm drainage infrastructure. While performing this investigation, CONSULTANT will develop an inventory of areas served by swale drainage, with a general description of condition (supported with photo documentation). This will be used to support development of an ongoing swale rehabilitation program to correct overgrown swales’ impedance of runoff from 3 roadways/driveways and improve water quality treatment. CONSULTANT will develop a conceptual model network, as detailed in Task 5, to identify a network of critical assets for field data collection and/or verification. The network may consist of existing drainage system assets already in the Village’s GIS. For budgeting purpose, an allowance ($10,000) has been established for collection of survey data associated with previously unidentified structures (not currently in the GIS) and/or structures requiring confirmation of asset data. If additional survey data collection (beyond the allowance) is required a new Task Order or Task Order Amendment would be required. Additionally, an allowance ($10,000) has been established for collection of geotechnical data to support planning efforts. These investigations are anticipated to consist of Exfiltration Tests and SPT Borings. As needed to supplement the existing GIS, CONSULTANT will conduct field visits to structures within Village’s public right-of-way and collect information pertaining to their location, and dimension for inclusion in the GIS database. The inventory shall also include the limits of physical drainage assets, retention/detention areas, canals, creeks, ponds and lakes to support the modeling effort described in Task 5. Digital photographs of visited structures and waterbodies shall be taken at the time of the field visit. Condition assessment is not included and could be performed under a separate Task Order. Data collection will focus on the following attributes:  Structure type (manhole, junction, inlet, control structure):  Invert elevation(s)  Bottom of structure  Pollution retardant baffles (PRBs) presence  (If present) weir elevation and geometry  (If present) bleeder elevation and geometry  Pipes:  Length of pipe based on distance between found structures if connected, if not connected based on plans from Village.  Diameter (inches)  Length of Exfiltration Trenches (Based on Plans or other information from Village)  Material (RCP, CMP, HDPE, Other) if visible in field, otherwise it will be based on plans from Village or other methods to determine material.  Pipe Liner Present – If visible in field, otherwise it will be based on plans from Village or other methods to determine material.  One-way flow valve present - If visible in field, otherwise it will be based on plans from Village or other methods to determine.  Culvert crossings:  Upstream/Downstream Invert elevations 4  Material (CMP, RCP).  Type (Circular, Elliptical, H. Ellipse, Rectangular)  Diameter (inches)  Single barrel vs. multiple  Headwalls and Seawalls:  Headwall treatment (Square Edge, Projecting Outlet, Mitered Slope)  Headwall Material (Concrete, Rip Rap)  Seawall Construction Material (boulder and rock, sheet piles, cast concrete, rip rap) and approximate top of seawall elevation will be derived from existing plans or LiDAR  Swale and Retention/Detention Area Cross-sections: Swale and Retention/Detention areas located within the public right-of-way or otherwise on publicly owned lands shall be obtained from LiDAR data obtained as part of this project. 1.3 Additional Data The CONSULTANT will collect, through various means, additional soft data needed for the development of the hydrologic/hydraulic stormwater model outlined in Task 5 of this Task Order, and compiled as identified in the Geodatabase, as described in Task 2. The additional data may include the following:  Water surface elevations determined by LiDAR, and groundwater elevations determined from well reports.  Tidal and historical sea-level rise data.  Predicted sea-level rise and precipitation data per the Southeast Florida Regional Climate Change Compact and South Florida Water Management District.  Canal flow rates from SFWMD (DBHydro).  Comprehensive GIS throughout VILLAGE limits including contours from LiDAR ground surface, soil types, existing land use, future land use, flood zones, etc.  Roadway elevations at crossing of arterial and collector roadways will be determined from LiDAR.  Crest lengths for roadway (weir) crossings will be determined from LiDAR.  Critical flooding elevations (i.e., finished floor elevations for residences, evacuation routes,etc.) to be determined by Flood Certificates.  Limited geotechnical testing/percolation tests. Research existing SFWMD permits for existing percolation test data. Data acquired from other agencies and organizations may be used in order to aid and streamline collection effort, pending independent field validation by the CONSULTANT. Pertinent 5 stormwater data may be collected from the following potential agencies and/or organizations:  Village of North Palm Beach and surrounding municipalities  Palm Beach County  South Florida Water Management District (SFWMD)  Florida Department of Transportation (FDOT)  Florida Department of Environmental Protection (FDEP)  Southeast Florida Regional Climate Change Compact  U.S. Army Corps of Engineers (USACOE)  Federal Emergency Management Agency (FEMA)  Natural Resource Conservation Service (NRCS)  National Oceanic and Atmospheric Administration (NOAA)  South Florida Regional Planning Council  United States Geologic Survey (USGS)  U.S. Fish and Wildlife Service (USFWS)  Florida Fish and Wildlife Conservation Commission (FWC) Information from additional agencies may be used in the data collection process and model development. Examples of the data types include but are not necessarily limited to:  Design Plan Documents  Comprehensive Plan Documents  Local, State or Federal rules, regulations, ordinances and laws  Engineering reports, basin studies or other pertinent documents  Existing and future land use and zoning information (including DRI’s, PUD’s, EIS’s, EA’s major subdivision plans)  Construction plans (e.g., design or as-built) for development  FDOT Design plans and as-builts.  County/municipality roadway construction plans and survey information  Most recent NRCS soil survey data  SFWMD DBHYDRO Database  Stream flow/elevation and lake level data  Historic rainfall, evaporation and evapotranspiration data and analysis  Historic, measured flood levels or flows  Aquifer recharge and potentiometric data  Seasonal high water level determinations 6  Tidal information  FIRM’s and Flood Insurance Study Reports Deliverables:  Autodesk Civil 3D drawing file format with DTM/DEM surfaces already built in.  Two foot grid ground surface point files in xyz format  Database of the Village’s stormwater infrastructure attributes in ArcGIS geodatabase format Task No. 2 – Integration of Data in Village’s GIS Creating an extensible and scalable stormwater geodatabase for the Village will require careful consideration with respect to its expected use and purpose for the foreseeable future. The following sub-tasks present a work flow to be undertaken in order to create a functional and sustainable geodatabase. 2.1 Task Kickoff Meeting and Gap Analysis The Village will share its current geodatabase schema, data dictionary, and data with the CONSULTANT. After an initial review of these, CONSULTANT will facilitate a task kickoff meeting with appropriate Village staff to discuss at a minimum the following:  Existing datasets  Data needs under this project  Geodatabase and data preferences  Existing geodatabase examples  Stormwater inventory precision and needs (i.e. QC Process)  Plans for perpetual maintenance of the delivered geodatabase  Workflows for data use and maintenance  End-User Concerns CONSULTANT will assess the datasets collected from the Village and perform a brief gap analysis to determine the areas requiring intervention and/or structures to accommodate new data in the geodatabase. This gap analysis will be based on the CONSULTANT’s understanding the Village’s requirements and expectations from the new geodatabase and the state of the existing geodatabase. CONSULTANT will present the gap analysis to the Village for review and the Village will provide its comments to the CONSULTANT. CONSULTANT shall incorporate VILLAGE’s comments and finalize the gap analysis technical memorandum. This gap analysis technical memorandum will serve as a key document in designing the new geodatabase. 7 Deliverables:  Meeting Minutes  List of data received from the Village  Technical memorandum: Gap analysis (draft and final) 2.2 Geodatabase Design CONSULTANT will develop an initial stormwater geodatabase schema, associated data dictionary and data management plan. The CONSULTANT shall keep the VILLAGE staff apprised of the development and ensure participation of key VILLAGE staff in the design process. The geodatabase may include (or provide for future addition of):  Spatial feature class definitions for types of stormwater assets  Attribute and data type definitions  Time series data structure definitions (e.g. inspections, condition assessments, etc.)  Consequence of failure and risk analysis data structure definitions  Asset level graphical (photos, videos) and non-graphical (documents) data association CONSULTANT shall consider recommendations and changes to the initial schema (i.e. existing GIS geodatabase) and incorporate these changes in the final geodatabase design. This geodatabase shall eventually serve as the repository for all data collection activities in Task 1, including addition of new assets, updating spatial and non-spatial attributes of existing assets, and associated graphical and non-graphical data. Deliverables:  Initial geodatabase schema  Working data dictionary  Working stormwater geodatabase  Technical Memorandum: Data dictionary 2.3 Integration of the New Geodatabase in VILLAGE’s ArcGIS CONSULTANT shall integrate the new stormwater geodatabase within VILLAGE’s working environment. CONSULTANT will assist in migration of the new database to VILLAGE’s environment and perform required tests to ensure it is working. The implementation will ensure access to the geodatabase by multiple users simultaneously within reasonable performance standards. Deliverables:  Comprehensive stormwater geodatabase 8 2.4 Training CONSULTANT shall train VILLAGE staff to edit data, create GIS queries on data, model and analyze geospatial relationships and create and display maps. CONSULTANT shall train VILLAGE staff to transition AutoCAD dwg-files into ESRI ArcGIS format, based in the Florida State Plane Coordinate system. CONSULTANT shall also assist the VILLAGE in procuring all software and hardware that may be necessary to run and access the GIS database, and aid collection and integration of new infrastructure attributes. Deliverables:  Notes/documentation associated with training sessions Task No. 3 - Identify Water Quality and Regulatory Compliance Requirements The CONSULTANT will coordinate with SFWMD, FDEP, and Palm Beach County to identify any existing or anticipated water quality and/or storm/surface water regulatory requirements that might affect the VILLAGE. These requirements will be identified, along with the expected time frame and costs for actions necessary to address them. Consultant will recommend policies and regulations to reduce pollutants at the source (such as sediment and erosion control and proper fertilizer use/application). Consultant will identify existing drainage systems which lack (or have limited) water quality treatment components. These systems will be prioritized for water quality retrofit, and a suite of water quality BMPs will be developed for possible application. Included will be a standard swale profile, which can be locally adapted throughout the Village for the provision of drainage and water quality treatment, as well as certain green infrastructure details and specifications which can be used for piloting functionality on both Village projects and private development projects within the Village. Costs associated with such measures can be incorporated into the dashboard developed in Tasks 8 and 9. Deliverables:  Database of the existing or anticipated water quality and/or storm/surface water regulatory requirements that may affect the VILLAGE.  A prioritized list of storm drainage systems for water quality retrofit, and suite of potentially suitable BMP’s for said retrofits. Task No. 4 – House Bill (HB) 53 Reporting Consultant will utilize information previously provided by the Village, relative to stormwater related services provided historically and planned stormwater management activities, to complete the required reporting associated with HB 53. CONSULTANT will also meet with VILLAGE staff in 9 order to obtain information needed for the June 30, 2022 submittal. CONSULTANT will complete the required reporting, in line with the provided FDEP template and provide a draft to the VILLAGE for review. VILLAGE comments will be incorporated as appropriate and the report submitted prior to the required deadline. Deliverables:  Completed Stormwater Template for submittal to FDEP.  Completion Milestone – June 30, 2022 Task No. 5 – Modeling Services The CONSULTANT will develop and implement a hydrologic/hydraulic (water quantity) stormwater model representing the VILLAGE using the latest Streamline Technologies ICPR 4 software. The model will utilize the data collected in Task No. 1 of this Agreement. The CONSULTANT will perform a comprehensive basin by basin analysis of the existing and proposed stormwater systems, and how they react to different boundary conditions, including future projected climatological conditions and sea level rise. 5.1 Modeling Services Kickoff Meeting The CONSULTANT will prepare for and participate in a modeling services kick -off meeting with the VILLAGE staff. It is anticipated that the CONSULTANT and the VILLAGE will review the following:  Sources of existing modeling information for review and possible use;  Coordination strategy with Palm Beach County, SFWMD, and other stakeholders;  Modeling standards and protocols that may be utilized;  Potential, future boundary and climatological conditions;  Proposed flood protection level of service (LOS) goals. Deliverables:  Modeling Services Kickoff Meeting Minutes 5.2 Review Literature and Inventory Existing Stormwater Studies The CONSULTANT will obtain and review reports, data, and models (if available) associated with existing/prior studies relevant to developing the stormwater model for the VILLAGE. The CONSULTANT will coordinate with the VILLAGE, Palm Beach County, SFWMD, and neighboring communities to collect available stormwater studies. The results of the literature and studies review will be summarized and included in a technical memorandum (which will become a final report chapter). Additionally, the CONSULTANT will review areas of known flooding with the VILLLAGE. This includes locations of reported or known flooding as identified by the VILLAGE or FEMA (Repetitive 10 Loss Properties). These flooding areas of concern will inform the stormwater modeling in subsequent sub-tasks to identify the likely cause(s) and potential solution(s) to improve the flood protection LOS for these areas. Deliverables:  Stormwater Studies Review Summary Memorandum; and  Flooding areas of concern database/GIS layer. 5.3 Model Approach and Standards The CONSULTANT will develop a stormwater modeling approach and standards, making use of applicable findings from previous studies and analyses. The CONSULTANT will prepare a technical memorandum (which will become a final report chapter) describing model objectives, assumptions, proposed data sources, relevant data to establish boundary conditions, spatial level-of-detail (including extent of the drainage system represented in the model network), and the temporal level-of-detail. The memorandum will define the modeling standards and processes to be employed by the CONSULTANT, methods and standardized lookup table values to be used and quality control procedures. The model approach will identify gaps in the existing data and make recommendations for filling such data gaps (via appropriate assumptions). The approach will include subdivision of the VILLAGE into multiple drainage basins delineated by natural and manmade features/conditions. Deliverables:  Conceptual Modeling Approach and Standards Memorandum 5.4 Stormwater Quantity Model Development Hydrologic Parameterization The CONSULTANT will develop hydrologic model input parameters consistent with the modeling approach and standards presented in Sub-task 5.3. The hydrologic model component will delineate hydrographic features within the VILLAGE, including but not restricted to: topographic ridge lines, hydraulic control points, storage areas, and contributing offsite watershed basins that may affect the hydrological conditions. The watershed/drainage basins will be sub-divided based on the different land uses and depth to water table to the extent practical, with their own runoff parameters, directly connected impervious areas (DCIA) and times of concentration (TC). In addition, the model will incorporate groundwater interaction, flows from offsite (e.g. SFWMD) canals, and other factors contributing to the basin hydrology. Data collected under Task 1 that supports hydrologic parametrization, such as land use (existing and proposed) or soils, will be updated by the CONSULTANT to reflect current conditions. Any hydrologic inputs from other studies identified under Sub-task 5.2, which will be integrated into the current modeling effort, will be converted to ICPRv4 accordingly. The Digital Elevation Model (DEM) will be refined using the topographic information acquired during Task 1. Any changes to the topographic information will be annotated in the metadata. 11 The level of detail in developing the hydrologic representation of the VILLAGE’s watersheds/basins will be commensurate with the ability to provide planning level assessments of deficiencies of the VILLAGE’s infrastructure, and therefore suitable for examining solutions to support LOS goals. CONSULTANT will use its professional judgment in determining basin sizing, storage representation, and modeling schematic detail, to perform alternative analyses. Hydraulic Parametrization The CONSULTANT will develop hydraulic model input parameters consistent with the modeling approach and standards presented in Sub-task 5.3 utilizing data collected under Task 1 and Sub- task 5.2. Any hydraulic inputs from other studies identified under Sub-task 5.2, which will be integrated into the current modeling effort, will be converted to ICPRv4 accordingly. The hydraulic model component will consist of a detailed node and link dataset that closely mimics the existing VILLAGE infrastructure and physical boundaries in different watersheds/basins. Warning elevations will be identified and entered into node data to identify critical flooding areas such as roadways or building structures and used to evaluate the drainage system LOS. Links will subsequently be created to connect successive nodes in series. Link data will be entered for drainage structures as well as cross sections based upon the collected data. The level of detail in developing the hydraulic representation of the VILLAGE’s watersheds/basins will be commensurate with the ability to provide planning level assessments of deficiencies of the VILLAGE’s infrastructure, and therefore suitable for examining solutions to support LOS goals. CONSULTANT will use its professional judgment in determining minimum conveyances to model, and extent of system modeling beyond the VILLAGE right-of-way necessary to provide an understanding of the movement of runoff from VILLAGE right-of-way (via outfalls) to receiving waterbodies. Modeling of Intracoastal Waterway and other navigable Village waterways will not be hydraulically modeled (rather established as boundary conditions). Likewise, bridges occurring within these water bodies will not be modeled. Stormwater Model Development The CONSULTANT will develop a preliminary stormwater model using ICPRv4 representing the current stormwater infrastructure conditions and provide results for VILLAGE review. Model results will be checked by the CONSULTANT for continuity and stability con cerns. Nodes or links within the model that exhibit anomalous behavior in stage or flow (i.e. oscillations, divergence, etc.) will be identified and addressed wherever possible (including those that affect peak conditions). Design Storm and Future Conditions Simulations The CONSULTANT will perform five (5) design storm model simulations based on the SFWMD rainfall distributions for the 5-year 24-hour, 10-year 24-hour, 25-year 24- and 72-hour, and 100- year 72-hour storm frequency events. For each of these critical storm event simulations, peak stages for each return frequency and duration will be compared to warning stages identified for each node. All nodes which experience flooding conditions will be identified showing the maximum height reached above the warning stage and the duration and extent of flooding for each of the critical design storms. 12 The CONSULTANT will perform approximately 25 simulations representing current conditions and two (2) future land use/time scenarios, and two (2) climatological and sea level rise scenarios per Compact data. 5.5 Level of Service Analysis Once the stormwater modeling analyses are complete, the CONSULTANT will perform the LOS analysis to summarize potential flooding impacts throughout the VILLAGE. One of the goals of the LOS analysis is to assign a flooding LOS at the sub-basin scale. The LOS will be developed based on the results of the stormwater model, LOS goals established by the VILLAGE under Sub- task 5.1, and how those results translate to flood vulnerability. Both roadway and structural flooding LOS will be established and analyzed according to a methodology mutually acceptable to the CONSULTANT and the VILLAGE. The LOS documentation will include an estimate of the number of structures, by type (e.g. emergency/essential, habitable, commercial/industrial) within floodplain areas by review of building footprint, property appraiser, and VILLAGE GIS data. Deliverables:  A Floodplain Level of Service Technical Memorandum documenting the methods used to develop the LOS units and designations;  GIS feature class identifying the LOS units and their designation; and  A table summarizing for each LOS unit the designation and a description of the magnitude and type of flooding that is occurring (e.g. number of structures inundated, linear feet of flooded roadway, etc.) within each watershed/basin. 5.6 Model Results Workshop One (1) model results workshop will be held with VILLAGE staff to discuss system capacity deficiencies and results of the LOS analysis. Additionally, at this meeting the CONSULTANT and the VILLAGE will:  Determine if future scenario boundary conditions and/or the flood protection LOS goals should be revised for up to three selected categories (e.g. critical structures, local roadways, evacuation routes, etc.).  Identify areas that may warrant additional analysis and/or detail to be completed under a separate task order (e.g. Private stormwater system contributing to flooding within the VILLAGE’s right-of-way); and  Establish the proposed criteria, criteria relative weights, and performance metrics for alternatives analysis. Additionally, The CONSULTANT will participate with the VILLAGE in up to two (2) meetings with stakeholder groups (such as Palm Beach County, FDOT, SFWMD etc.) that have stormwater infrastructure contributing to LOS deficiencies within the VILLAGE. At this meeting, the CONSULTANT will present the modeling and LOS analysis results and facilitate a discussion of potential alternatives that may be implemented by the stakeholder(s) to address flooding. 13 Deliverables:  Workshop meeting minutes  Stakeholder group meeting minutes. 5.7 Solutions Evaluation The CONSULTANT will facilitate an analysis of alternative/potential solutions within the VILLAGE. The CONSULTANT will use and modify the stormwater model to evaluate projects and programs based on discussions during the Model Results Workshop completed under Sub-task 5.6. Alternatives will address issues necessary to develop comprehensive and resilient stormwater design solutions to identified problem areas. A conservative future land use and Sea Level Rise scenario will be used to evaluate solutions’ utility in possible future conditions. Up to three overall improvement alternatives will be developed. Evaluation of additional alternatives will require a supplemental task order. Wherever possible, the design solutions will focus on the following:  Attainable roadway LOS.  Prioritization of non-transportation related flooding.  Minimizing flooding during high tide events and under future sea level rise conditions.  Limiting 25-year, 24-hour storm event flooding to roadways and yards.  Preventing 100-year storm event peak stage from breaching existing finished floor elevations.  Accommodating future growth/development in the VILLAGE. For each alternative the analysis will include the following:  Evaluate the effectiveness in alleviating flooding LOS deficiencies.  Prepare concept-level cost estimate for each alternative.  Prepare alternative concept plan illustrations.  The Alternatives Analysis/Solutions Evaluation will be presented to the VILLAGE at a progress meeting. Deliverables:  An Alternatives Analysis/Solutions Evaluation technical memorandum documenting the methods used and results of the analysis  Progress meeting minutes 5.8 Model Training and Implementation The CONSULTANT will perform a requirements analysis for the VILLAGE to identify necessary software and hardware to run and maintain the stormwater model. A requirements analysis will review the VILLAGE’s current hardware and software capabilities compared with the needs to 14 update, execute, and utilize the stormwater model and make recommendations to the VILLAGE to address the gap, which may be included in a subsequent task order. The CONSULTANT will provide a copy of the model to VILLAGE staff, unrestricted by copyright or any other legal bindings. Along with the model, all supporting spreadsheets and calculations used to establish model parameters shall be produced in both electronic format and hard copies. The CONSULTANT will conduct a one-day training workshop at the Village’s offices to train VILLAGE staff on the stormwater model to reach an adequate level of proficiency and be able to independently update, execute and analyze model results. Deliverables:  Hardware and software requirements analysis;  Electronic copy of the VILLAGE model;  One (1) HD containing the model input and output data and supporting spreadsheets and calculations;  One (1) training workshop for VILLAGE staff. Task No. 6 – Develop Capital Improvement Program (CIP) Based on the system modeling, LOS analysis, and solutions evaluation, CONSULTANT will develop a prioritized CIP, organized to mitigate flooding and water quality issues in sequence based on factors such as; overall benefit to system LOS, relief to most flo od-impacted areas, precedence required for system effectiveness, obligation to meet regulatory/water quality requirements. CONSULTANT will prepare a draft CIP for VILLAGE review and comment. CONSULTANT will participate in a workshop with VILLAGE staff to finalize CIP. CONSULTANT will prepare finalized CIP and submit to VILLAGE in the form of a Stormwater Master Plan Report Chapter and Microsoft Power BI dashboard. Deliverables:  Draft and finalized CIP Chapter and Microsoft Power BI dashboard  Workshop minutes Task No. 7 - Evaluate Impacts of CIP on Stormwater Utility Rates CONSULTANT will coordinate with VILLAGE regarding historical and expected Stormwater Utility (Assessment) revenues and other sources of stormwater program funding. Using this data in conjunction with the CIP dashboard developed in Task 6, CONSULTANT will work together with VILLAGE to plan CIP implementation horizon, including the potential impacts different implementation timeframes may have on Stormwater Utility (Assessment) Rates. The dashboard will be flexible to evaluate various financial scenarios going forward. 15 Deliverables:  Draft and final Microsoft Power BI dashboard Task No. 8 – Final Master Plan Report CONSULTANT will prepare a draft final report comprised of the various technical memoranda and additional sections related to the approach, model, results, and proposed recommendations arising from the study. The Final Master Plan will also include a Dashboard for the VILLAGE’s ongoing use for purposes of updating information relative to the proposed CIP and/or program funding. CONSULTANT will submit a draft of the report for VILLAGE review and comment and will meet with VILLAGE staff to review and discuss comments. As appropriate, comments will be incorporated, and the report finalized. Deliverables:  Draft and Final Master Plan Reports  Microsoft Power BI dashboard  Completion milestone – 12 months from Notice to Proceed Task No. 9 – Community Awareness and Stakeholder Communication Plan The CONSULTANT shall develop a VILLAGE-wide strategic Community Awareness and Stakeholder Communication Plan that educates the stakeholders about efforts the Village is undertaking to reduce flooding and improve water quality and overall stormwater management in the area. This plan will include the following sections: a. Goals and Objectives b. Community Awareness Team and Responsibilities c. Stakeholder Analysis d. Key Messages e. Schedule of Outreach CONSULTANT will prepare content for delivery to the community by the VILLAGE. CONSULTANT will also prepare presentation materials and lead a pre-determined number (for budget purposes not to exceed 3) of neighborhood/community meetings. Deliverables:  Draft and final Community Awareness and Stakeholder Communication Plan.  Content for outreach and presentations for community meetings 16 PHASE 2 Task No. 1 – Engineering Details and Specifications Paving and Drainage Details: The CONSULTANT will prepare standard paving and drainage details for use by the VILLAGE in this and future projects. The paving and drainage details shall be based on FDOT’s standards, except in specific cases where the VILLAGE is requesting a specialty item that is not found in the FDOT standards. The following details are anticipated. Description Type Data Source Pipeline Trench and Pavement Restoration Road Hazen Vehicle Loop Installation Road Hazen Ground Signs - Notes and Guidelines Road FDOT Index 11860-01 Ground Signs - Foundations / 150 MPH selection Road FDOT Index 11860-03 Pavement Markings - Crosswalks Road FDOT Index 17346-03 Pavement Markings - Intersections Road FDOT Index 17346-04 Reflective Pavement Markers Road FDOT Index 17352-01 Depth of Pipe Below Railroad Crossing Road FDOT Index 280-03 Curbs Road FDOT Index 300-01 Curbs Road FDOT Index 300-02 ADA Sidewalk Curb Ramps Road FDOT Index 304-01 ADA Sidewalk Curb Ramps Road FDOT Index 304-02 ADA Sidewalk Curb Ramps Road FDOT Index 304-03 ADA Sidewalk Curb Ramps Road FDOT Index 304-04 ADA Sidewalk Curb Ramps Road FDOT Index 304-05 ADA Sidewalk Curb Ramps Road FDOT Index 304-06 ADA Sidewalk Curb Ramps Road FDOT Index 304-07 Concrete Sidewalk Road FDOT Index 310-01 Concrete Sidewalk Road FDOT Index 310-02 Road Base Structural Number Table Road FDOT Index 514-01 & TOJ Pedestrian Aluminum Railing Road FDOT Index 862-02 Asphalt Tie-In Details Road Hazen Decorative Pavers in Roadway Road Hazen Roadway Restoration Sequence Road Hazen Signage Plan and Schedule Road Hazen Speed Hump Road Hazen Temporary Tree Protection Barriers Road Hazen Exfiltration Trench Cross Sections and Details Drainage Hazen Precast Drainage Structures Drainage Hazen Skimmer for French Drain Outlet Drainage FDOT Index 241 Miscellaneous Drainage Details Drainage FDOT Index 280-01 Slotted Pipe Detail Drainage FDOT Index 285-02 17 Description Type Data Source Drainage Well Drainage FDOT Index 288 Exfiltration Trench Overflow Structure Drainage Hazen General and Water Details: Additionally, CONSULTANT shall develop details relative to erosion and sediment control (ESC), general requirements and water utilities. The following details are anticipated. It is intended that the details listed below will augment the VILLAGE’s existing standard utility details. Description Type Data Source Floating Turbidity Barrier ESC Hazen Erosion and Sediment Control Details and Notes ESC Hazen Density Testing Notes General Hazen General Notes General Hazen Symbols and Abbreviations General Hazen Conflict Manhole Type 1 and Type 2 Utility FDOT Index 307-02 Automatic Air Release Valves for Areas that Flood Water Hazen Bacteriological Sampling Points Water Hazen Cannon Flushing Water Hazen Filling and Flushing Connection Water Hazen Manual Air Release Valves for Areas that Flood Water Hazen Pipe Grouting Water Hazen Pressure Pipe Details Water Hazen Water Main Separation Details and Notes Water Hazen Paving and Drainage Specifications: The paving and drainage specification sections listed below will be developed.  Site Preparation  PVC Pressure Pipe  Dewatering  Disinfection  Contaminated Soil  Surface Restoration  Excavation Support  Limerock Base  Fill and Backfill  Pavement Marking  Excavation Support  Concrete Curb and Sidewalk  Subgrade Preparation  Asphalt Pavement  Trench Backfill  Soil Preparation  Soil Stabilization  Sodding  Tree Relocation  Landscaping  Conveyance Piping  Irrigation 18  Ductile Iron Pipe Green Details: The CONSULTANT shall work with VILLAGE staff and develop details for “green” water quality and quantity standards, such bio-swales, and pervious pavements, to be used throughout the VILLAGE in this and future projects. Green Specifications: The CONSULTANT shall work with VILLAGE staff and develop specifications for “green” water quality and quantity standards, such bio-swales, and pervious pavements, to be used throughout the VILLAGE in this and future projects. Trenchless: The CONSULTANT shall assist the VILLAGE in developing details and specifications for alternative trenchless and minimum invasive pipe and structure replacement/repair techniques such as pipe bursting, jack and bore, pipe lining and ground injection systems. Review Meetings: Participate in two (2) meetings with VILLAGE personnel to review details/specifications and obtain input. Deliverables:  AutoCAD files for details which comply with the VILLAGE’s CADD Standard.  Details in AutoCAD format using the VILLAGE standard title block.  Details in PDF format using the VILLAGE standard title block.  Specifications in Microsoft Word format.  One (1) hard copy and one (1) CD of the details and specifications. Task No. 2 - Identify Framework for Stormwater Asset Management Plan VILLAGE may be interested in developing a Stormwater Asset Management Program for the purpose of long-term planning regarding the operation, maintenance, repair, rehabilitation and replacement of Stormwater System Assets. CONSULTANT will develop an outline which may be used for the future development and implementation of such a Program. Deliverables:  Written outline document for Asset Management Framework Task No. 3 – Conceptual Permit for the Proposed CIP The CONSULTANT will determine the applicable primary permit agency (expected to be SFWMD), for the adopted CIP from Phase 1 and prepare a “permitting” summary for the VILLAGE. The CONSULTANT will arrange a meeting with the applicable primary permit agency and facilitate two meetings with the agency and the VILLAGE to review the stormwater modeling approach, modeling results, and selected alternatives. These meetings are intended to introduce the permit agency to the watershed modeling and conceptual alternatives developed for the VILLAGE and prepare said agency for permitting actions as alternatives move into design and 19 permitting phases. The CONSULTANT will prepare meeting minutes and deliver all correspondence between the CONSULTANT and the permit agencies to the VILLAGE. Deliverables:  Summary of applicable permit agency/agencies for each conceptual alternative;  Meeting minutes; and  Copies of all correspondence with the permit agencies.  Required Conceptual Permit Application Task No. 4 – Grant Application Preparation/Research Funding Options The CONSULTANT will assist the VILLAGE in researching, identifying and prioritizing Funding Options/Opportunities and preparing grant applications (to various agencies/entities) for stormwater, environmental and resiliency projects and programs. Deliverables:  Grant applications  Written documentation for submittal Task No. 5 – Engineering Design of Capital Improvements Scope to be developed once CIP have been developed, prioritized, and implementation schedule approved. Task No. 6 – Construction Permitting of Capital Improvements Scope to be developed once Capital Improvements have been developed, prioritized, and implementation schedule approved. Task No. 7 – Bidding of Capital Improvements Scope to be developed once Capital Improvements have been developed, prioritized, and implementation schedule approved. Task No. 8 – Construction Management of Capital Improvements Scope to be developed once Capital Improvements have been developed, prioritized, and implementation schedule approved. 5/4/2022 Senior Vice President Associate Vice President Senior Associate Senior Principal Engineer Principal Engineer Senior Principal Scientist Assistant Engineer II Assistant Engineer Senior CAD\BIM Designer Senior Administrator Administrator Phase 1 Phase 1 - Task Title $280.00 $280.00 $240.00 $165.00 $150.00 $110.00 $110.00 $95.00 $120.00 $130.00 $80.00 Task No.Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours 1 Stormwater Inventory/Data Collection 0 0 0 16 0 0 0 40 0 0 0 56 $6,440 $20,000 $26,440 2 Integration of Data in Village’s GIS 0 0 0 8 0 0 0 20 4 0 0 32 $3,700 $3,700 3 Identify Water Quality and Regulatory Compliance Requirements 4 4 0 32 0 0 0 40 16 0 0 96 $13,240 $13,240 4 House Bill (HB) 53 Reporting 0 0 0 20 0 0 40 0 0 0 0 60 $7,700 $7,700 5 Modeling Services 8 24 0 80 0 0 220 64 0 0 0 396 $52,440 $52,440 8 Develop Capital Improvement Program (CIP)8 12 20 60 0 0 60 60 0 0 8 228 $33,240 $33,240 9 Evaluate Impacts of CIP on Stormwater Utility Rates 2 0 20 16 0 32 0 0 0 0 0 70 $11,520 $11,520 10 Final Master Plan Report 12 20 8 40 16 2 80 28 0 0 16 222 $32,840 $32,840 11 Commmunity Awareness and Stakeholder Communication Plan 12 0 0 12 0 0 8 0 0 0 8 40 $6,860 $6,860 46 60 48 284 16 34 408 252 20 32 1200 $167,980 $20,000 $187,980 $187,980 Subconsultant Cost (CTA)Total Labor Cost Stormwater Master Plan Modeling and Design Implementation Engineering Consulting Services Phase 1 TOTAL Phase 1 (lump sum) Village of North Palm Beach Hazen and Sawyer Fee Estimate Total Hours Hazen Labor Cost 1 of 1 VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Members of the Village Council THRU: Andrew D. Lukasik, Village Manager FROM: Chad Girard, P.E., Assistant Director of Public Works DATE: April 14, 2022 SUBJECT: MOTION – Accepting the ranking by the Selection Committee for Stormwater Master Plan Modeling and Design Implementation Continuing Services Contract and authorizing Staff to commence negotiation of an Agreement with Hazen and Sawyer. Village Staff is recommending Council approval of the Selection Committee’s ranking of the firms submitting qualification statements in response to the Village’s Request for Qualifications (RFQ) for Stormwater Master Plan Modeling and Design Implementation Continuing Services Contract. Background: In 2016, the Village Council adopted the Citizens’ Master Plan. The Plan was the result of a citizen engagement process and intended to guide the next era of growth and development in the Village of North Palm Beach. One of the priority projects identified by the Plan was the creation of a stormwater utility that would finance repairs and improvements, including enhancement of water quality, to the Village’s stormwater system. At that time, it was recognized that the Village’s aging system needed to be maintained to deliver reliable protection of property and enhance the quality of stormwater runoff into the Village’s canals and the Lake Worth Lagoon. Based upon the Citizens’ Master Plan recommendation, the Village conducted an exploratory study to provide information and data related to the establishment of a stormwater fee structure to fund needed stormwater activities and improvements within the Village. Following the completion of a fee study by Hazen & Sawyer, the Village’s Stormwater Utility and Stormwater Fund was established in July 2021 and the Non-Ad Valorem Stormwater Fee was approved in September, 2021. With the stormwater fee in place, the Village Council identified the development of a Stormwater Master Plan as a priority action item in the FY 2022 Strategic Plan. The Stormwater Master Plan will complete the necessary evaluation of the existing stormwater system to identify vulnerabilities and recommend the most economic and feasible approach to addressing the needs of the system. Specifically, the Master Plan will recommend implementation of necessary stormwater system improvements to address conveyance and water quality deficiencies as well as strategies for sea level and storm vulnerability impacts. To that end, Village staff initiated the process to select a consultant to develop the Stormwater Master Plan through the Consultants’ Competitive Negotiation Act (CCNA) process. Request for Qualifications (RFQ) Process: In accordance with Section 287.055, Florida Statutes (CCNA), the Village issued an RFQ on December 21, 2021 in an effort to identify the most qualified firm to provide stormwater master plan modeling and design services to the Village. A Selection Committee consisting of Village Manager Andy Lukasik, Director of Public Works Chuck Huff, Assistant Director of Public Works Chad Girard, Streets and Stormwater Manager Ken Hern, and Village resident Ellen Allen (Environmental Committee Board Member) participated in the initial review of the qualification statements. The following five firms submitted their qualification statements on January 26, 2022:  Hazen and Sawyer,  Kimley-Horn,  Baxter & Woodman,  Keith, and  South Florida Engineering and Consulting, LLC. Based upon the Committee’s review of the qualification statements submitted by each firm, the Committee shortlisted Hazen and Sawyer and Kimley-Horn at the Committee’s meeting on March 1, 2022 and invited both firms to make presentations to the Committee. On March 30, 2022, the Committee received presentations from the two shortlisted firms. Although both firms are extremely experienced and well qualified, the Committee selected Hazen and Sawyer as the firm that will best be able to address the Village’s needs as part of a Stormwater Master Plan. Hazen demonstrated an excellent understanding of the Village’s stormwater system and showed a knowledge of how to plan for future needs addressing community flood vulnerabilities as well as securing alternate sources of funding for the project. In accordance with the requirements of the RFQ issued by the Village, Staff is requesting Village Council’s authorization to commence competitive negotiations with Hazen and Sawyer as this was the Evaluation Committee’s top-ranked firm. If Staff is unable to negotiate an agreement, Staff will terminate negotiations with Hazen and Sawyer and begin negotiations with Kimley-Horn, the second-highest ranked firm. If negotiations fail with both Hazen and Sawyer and Kimley-Horn, the Committee ranked Baxter & Woodman as the third-highest ranked firm. Recommendation: Village Staff recommends Council consideration and approval of a motion accepting the Selection Committee’s ranking of Hazen and Sawyer as the top-ranked firm and authorizing Staff to commence negotiations for the completion of a Stormwater Master Plan with the top-ranked firm. If Staff is unable to negotiate an agreement with the top-ranked firm, Staff will terminate negotiations and move down the list to the next highest-ranked firm as required by the CCNA. Stormwater Master Plan Modeling and Design Implementation Continuing Services Contract Interview | RFQ No. 2022-100 | March 30, 2022 1 Hazen and Sawyer is a leader nationally, regionally, and locally in the areas of stormwater management and climate resiliency City of Boston New York City DEP City of Hollywood City of Fort Lauderdale Miami-Dade County City of Margate Town of Jupiter City of Oakland Park City of Stuart Orange County, CA Sanitation District Our clients range from small municipalities to large metro regions. Our projects are tailored to specific needs. City of Coral Gables 2 Our Team 3 Recent Resilience Collaborators Broward County Fort Lauderdale Our proposed leadership team has proven South Florida success in stormwater planning, modeling, design, permitting, and construction management Robert Taylor, Jr., PE Project Director Lucia Medina, PE Project Manager Richard Pryce, PSM Data Collection Lead Guillermo Regalado, PE Modeling/Planning Lead Jennifer McMahon, PE Design, Permitting, CMS Lead Fort Lauderdale Stormwater Master Plan Modeling and Design Implementation Oakland Park Stormwater Master Plan and Flood Vulnerability Assessment Town of Jupiter General Engineering Services for Stormwater and Capital Improvements City of Coral Gables General Consultant City of Margate Phase 1 Stormwater Master Plan (ongoing) Broward County Countywide Risk Assessment and Resilience Plan (recent selection) 4 Physical Characteristics Physical Characteristics We have a good understanding of the Village’s stormwater system and overall program Climatological Conditions Climatological Conditions Stormwater Infrastructure Stormwater Infrastructure Stormwater Program& Funding 5 Our right-timed, right-sized approach allows a fiscally responsible means of tackling your priorities Aging/Failing infrastructure Water quality and environmental protection Tidal flooding in low areas Future flood protection (SLR/storm surge) 6 Aging and failing infrastructure is foremost amongst the Village’s stormwater-related priorities 7 Water quality and nuisance flooding can be addressed via swale grading and rehab Residential portions of the Village depend heavily on swale drainage for water quantity and quality. 8 Addressing flooding issues and coastal protection is important at the Country Club and Village Parks respectively 9 Planning for future climate conditions is necessary and timely 10 Below EL 3.0 NAVD88Below EL 4.0 NAVD88Below EL 5.0 NAVD88 INSTALL Tidal Valves RAISE Seawalls Planning for future climate conditions is necessary and timely INSTALL Pump Station(s) 11 High Tide Backflow High Tide Backflow Seawall Breaching Seawall Breaching Raised Seawall & Pumping Raised Seawall & Pumping 12 Project Approach Our approach is founded in having delivered this same scope of work Stormwater Master Plan Modeling and Design Implementation Scope of Services Village North Palm Beach City of Fort Lauderdale Develop Community Outreach Program GIS Database Validation and Data Gap Analysis Data Collection GIS Database Update and Integration with Asset Management Software Existing H&H Model (development, execution, and post-processing) Level of Service Analysis Develop Capital Improvement Projects (CIPs) Proposed H&H Model (development, execution, and post-processing) Develop Cost Estimates for Final CIPs Obtain Conceptual/Construction Permits for CIPs Design CIPs Construct CIPs 13 Our data collection approach, GIS validation, and organization have been well honed with partner CTA •We know your Stormwater GIS from the Utility Study •Ready protocols and procedures for efficient additional data collection •Experience incorporating many clients’ GIS data into asset management systems of various types Our vetted data collection process provides time savings efficiencies. Attributes field surveyor for over 5,000 stormwater features 14 In addition, we have already obtained Village aerial photogrammetry, LiDAR, and Digital Elevation Model (DEM) The foundation of your hydrologic/hydraulic model will be the DEM derived from PBC LiDAR. 15 We use a variety of Hydrologic & Hydraulic modeling software packages, and believe ICPRv4 is ideal for the Village Ease of use and wide application in the industry (especially in FL) Well known to permitting agencies (benefits reviews) Easy data integration from/to GIS Convenient for occasional users 16 Boundary conditions for other South Florida stormwater plans will be leveraged to save time and money Fully consistent with Southeast Florida Regional Climate Compact 17 Allow us to reflect SLR impacts on future surface and groundwater conditions Model simulations will address an array of possible conditions and uncertainties •King Tides & Storm Surge •Sea Level Rise & High Groundwater Table •Varying Climatological Conditions: •Change in Design Storm Events (5 yr., 10 yr.) •Increase of Rainfall Intensity •Use a Temporal Distribution that fits the Drainage Conditions 18 Our modeling is focused on converting data into valuable insight Modeling Results &Stormwater H&H ModelGWIS 19 Inundation Rasters GIS Database (ICPRv4)Database 20 21 22 Our level of service approach to capital investment prioritization is critical to public acceptance We use tools to streamline identifying vulnerabilities and to vet alternative solutions. 23 Oakland Park, FL Conceptual permitting of the model-based CIP makes design implementation very smooth Successfully used in FTL for ~$200M in stormwater infrastructure investments Under Design Development Project Completed Under Construction ERP/SWML Permits Obtained Design Completed 24 We have developed other means of adding value related to modeling and capital planning 25 Model Training –We are always here to help! Modeling Data & Results Interfaces –ArcGIS Online CIP Details and Cost Estimates –PowerBIDashboard Public outreach and involvement is critical to program success We use Hi-Tech/Hi-Touch elements to add value and support effective communication. 26 Hazen’s desktop condition assessment projected R&R needs using industry standards and local experience •Expected service life •Concrete pipe: 50 -70 years •Corrugated metal pipe: 30 -50 years •Cost-effective repair methods •FDOT District 4 Contract •South Florida R&R programs •North Palm Beach Rate Study •Provided R&R program funding options and associated costs Diameter Linear Feet ≤ 12 1,591 15 12,906 18 10,649 24 9,735 27 392 30 4,226 33 185 36 4,048 40 562 42 1,351 48 463 54 173 60 857 Grand Total 47,325 Asset Type Count Catch Basin 370 Curb Inlet 5 Pipe End Structure 6 Manhole 14 Weir 2 Outfall (6 are "Major Outfalls")78 Sum 475 The Village’s Existing Stormwater Assets 27 The Village’s selected program will minimize uncertainty and maximize efficiency over time •Assumptions are replaced with data •Decisions reflect actual condition of pipe and structures •Budgeting is right-sized using defensible, condition- based information •Proactive, well-timed interventions avoid more costly and disruptive reactive work 28 Capital investment alone will not solve your stormwater/resiliency challenges •We will help develop policies and regulations to support infrastructure and operations/maintenance •Forward-focused requirements for development/redevelopment •Benefit from ground we are already covering elsewhere in South Florida 29 Isles of Palms, Before and After Our Team has tremendous design capacity to deliver planned projects at whatever pace you desire We’ve already developed Standard Specs/Details, which can be quickly tailored to the Village. Deep bench – delivered design of over 1,000 drawings (representing ~$200M construction) for the City of Fort Lauderdale in about 18 months Inventory of Designed Improvements for Fort Lauderdale Improvement Total Unit New Storm Sewer 103,435 LF Replaced Storm Sewer 30,989 LF Exfiltration Trench 21,264 LF New/Restored Swale 75,455 SF Drainage Wells 2 # Water Quality Structures 11 # Pump Stations 7 # Backflow Preventers 148 # Permeable Pavement 3,698 SY Created Wetlands 9 AC Seawall Replacement 5,612 LF Canal/Creek Restoration 3,800 LF 30 Close coordination with other Village infrastructure investments Schedule 31 We can deliver the SWMP 12 months from NTP. Submittal of HB-53 Stormwater Needs Analysis (deadline June 30, 2022) Two months savings One month savings One month savings We fully understand your Stormwater Assessment Program and how it can be adapted to incorporate the resulting CIP •Use of Pay-Go or Bonding/Borrowing to fund Program •Impacts of additional capital on: •Annual assessment per ERU •Duration to hold the selected rate •Tailored rate program to meet Village objectives Number of Years to Complete CIP and Pipe Improvements using Pay Go Stormwater Assessment ($/month increase per ERU increase) CIP Capital Cost $1 million $2 million $4 million $6 million $0.00 20 27 41 55 $0.50 17 22 33 44 $1.00 14 19 28 38 $1.50 12 16 24 32 $2.00 11 14 21 29 Number of Years to Pay Off Bond for CIP and Pipe Improvements using Debt Service $0.00 25 Cannot make principal and interest payments on bond $0.50 20 29 47 65 $1.00 17 24 39 55 $1.50 15 21 34 47 $2.00 13 19 30 42 Note baseline Pipe Improvements plan implemented over 15 years. 32 Our prowess in securing funding for municipal clients is another bonus Success in this capacity further helps control assessment rates $185 Million In funding for water infrastructure projects over the last two years. Seth Robertson, PE Grant Coordination/Funding Expert Seth Robertson, PE, formerly served as the national co-chair of the EPA and State SRF workgroup and understands national funding priorities. Over the past ten years, Hazen has secured over $4.1 billion in grant and loan funding to support capital infrastructure projects. 33 Selection of the Hazen Team provides the following keys to a dynamic and successful Master Plan 34 Proof Proof •Model Scenarios •Boundary Conditions •Data Collection •Modeling Processes •Standard Details/ Specifications Proof •Stormwater Assessment Program/Rate Study •Reviewed Field Issues Proof Multi-decade consultant to local governments •Jupiter •Palm Beach County •Many Others •Miami-Dade County •Broward County •Fort Lauderdale •Oakland Park •Coral Gables 35 Questions 36 Funding Sources American Rescue Plan Act (ARPA) Resilient Florida Grant Program Hazard Mitigation Grant Program (HMGP) Flood Mitigation Assistance (FMA) Building Resilient Infrastructure and Communities (BRIC) Resilience Implementation Grants (RIGs) 319 Nonpoint Source Grant Program VILLAGE OF NORTH PALM BEACH Parks and Recreation TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Zakariya M. Sherman, Director of Leisure Services DATE: May 12, 2022 SUBJECT: RESOLUTION – Interlocal Agreement with the Town of Lake Park for Summer Camp The Town of Lake Park cannot host their 2022 Summer Camp Program this year. They were unable to hire a new Recreation Supervisor in time to oversee the program. As a result, the Town is hoping to partner with the Village so Lake Park residents can have a local summer camp option. If approved, the Interlocal Agreement would allow Lake Park residents to participate in the Village’s Summer Camp at the Village resident rate of $225.00 per week. A similar Interlocal Agreement between the Town of Lake Park and the Village was adopted in 2016. Since spots remain open, the agreement will have a positive fiscal impact. Recreation is accepting 45 campers per week. There is no fiscal impact to the Village. The attached Resolution and Agreement have been prepared/reviewed by your Village Attorney for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution adopting an Interlocal Agreement with the Town Lake Park for Summer Camp services and authorizing the Mayor and Village Clerk to execute the Agreement in accordance with Village policies and procedures. RESOLUTION 2022-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE TOWN OF LAKE PARK PERTAINING TO THE VILLAGE’S SUMMER CAMP PROGRAM AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into interlocal agreements for the performance of public functions; and WHEREAS, the Town of Lake Park (“Town”) is unable to host its annual summer camp program and proposed an Interlocal Agreement whereby the Town will subsidize the cost of pre-qualified Town residents to attend the Village’s summer camp program and the Village will all ow such campers to participate at the Village resident rate on a first come, first served space available basis; and WHEREAS, the Village Council determines that the execution of the Interlocal Agreement with the Town 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 between the Town of Lake Park and the Village pertaining to the Village’s summer camp program, 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. Section 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2022. (Village Seal) MAYOR ATTEST: VILLAGE CLERK