Loading...
HomeMy WebLinkAboutAgenda Council Agenda 040314CITY OF PALM BEACH GARDENS COUNCIL AGENDA April 3, 2014 7:00 P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. PLEDGE OF ALLEGIANCE II. NATIONAL ANTHEM — PERFORMED BY SAMARA TINSLEY III. ROLL CALL IV. ELECTION: a. RESOLUTION 12, 2014 — DECLARING RESULTS OF THE MUNICIPAL ELECTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MARCH 11, 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. ADMINISTER OATH OF OFFICE. V. REORGANIZATION: APPOINTMENT OF MAYOR. 2. APPOINTMENT OF VICE MAYOR. 3. RESOLUTION 13, 2014 — APPOINTMENT OF MAYOR AND VICE MAYOR. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE MAYOR AND VICE MAYOR FOR THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 4. APPOINTMENT OF COUNCILMEMBERS TO EXTERNAL BOARDS. 5. APPOINTMENT OF COUNCILMEMBERS TO INTERNAL BOARDS. VI. ADDITIONS, DELETIONS, MODIFICATIONS: VII ANNOUNCEMENTS / PRESENTATIONS: a. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AWARD. b. DEPARTMENT OF TRANSPORTATION — PGA BLVD & BEELINE HIGHWAY. C. ALL ABOARD FLORIDA UPDATE. VIII. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: IX. CITY MANAGER REPORT: X. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) XI. CONSENT AGENDA: a. APPROVE MINUTES FROM MARCH 6, 2014 CITY COUNCIL MEETING. b. RESOLUTION 15, 2014 — SETTING THE DATES FOR THE JULY AND AUGUST CITY COUNCIL MEETINGS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST, 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. PURCHASE AWARD: A2014-030FT, FUEL MANAGEMENT SYSTEM UPGRADES. d. PURCHASE AWARD — CAREHERE CONTRACT RENEWAL. e. PURCHASE AWARD FOR ITB2014-033EM, STORM DEBRIS DISPOSAL SERVICES. f. PURCHASE AWARD ON PIGGYBACK AGREEMENT NO. A2014-032PW, ANNUAL ASPHALT MILLING AND RESURFACING (2014). g. PURCHASE AWARD L2014-0041T FOR LEASE OF MULTIFUNCTIONAL PRINTERS AND COPIERS. h. PURCHASE AWARD FOR ROOF REPLACEMENT, FIRE RESCUE 1, POLICE DEPARTMENT AND RIVERSIDE YOUTH ENRICHMENT CENTER. i. RESOLUTION 24, 2014 - FRANKLIN ACADEMY PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE FRANKLIN ACADEMY PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 25, 2014 — TIGER GRANT — FEC QUIET ZONE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SUPPORTING THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION'S EFFORTS TO SECURE FEDERAL FUNDING IN THE FORM OF A TRANSPORTATION INVESTMENTS GENERATING ECONOMIC RECOVERY (TIGER) GRANT FOR THE INFRASTRUCTURE TO INCREASE ROAD CROSSING SAFETY AND PROVIDE FOR THE QUIET ZONE IMPROVEMENTS NECESSARY TO INCREASE THE SAFETY IN AREAS WHERE TRAIN HORNS ARE NOT ROUTINELY SOUNDED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. k. PROCLAMATION — PARALYZED VETERANS OF AMERICA AWARENESS MONTH. XH. PUBLIC HEARINGS: (* DesitInates Quasi -Judicial Hearin) a. *RESOLUTION 21, 2014 - PCD AMENDMENT TO MODIFY UTILITY EASEMENTS, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE ALTON PLANNED COMMUNITY DEVELOPMENT (PCD) (F.K.A. SCRIPPS FLORIDA PHASE II/BRIGER TRACT PCD) TO INCORPORATE MODIFICATIONS TO UTILITY EASEMENTS, ROADWAY CROSS SECTIONS AND BUFFERS, LAKES, OPEN SPACE, AND REVISIONS TO CONDITIONS OF APPROVAL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. RESOLUTION 22, 2014 - FRANKLIN ACADEMY ART IN PUBLIC PLACES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ART IN PUBLIC PLACES FOR FRANKLIN ACADEMY PLANNED UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. *RESOLUTION 23, 2014 - DOWNTOWN AT THE GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) MASTER SIGNAGE PLAN AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE DOWNTOWN AT THE GARDENS MASTER SIGNAGE PLAN IN ORDER TO MODIFY THE LOCATION OF THREE (3) TENANT WALL SIGNS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. RESOLUTION 26, 2014 - IMPROVEMENTS AND ASSESSMENTS FOR SUNSET DRIVE AND 40TH TERRACE PROPERTY OWNERS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING CERTAIN INFRASTRUCTURE IMPROVEMENTS FOR PROPERTIES LOCATED ON SUNSET DRIVE, 40TH TERRACE NORTH, AND BRENNA LANE PURSUANT TO THE CITY NEIGHBORHOOD IMPROVEMENT ASSESSMENT PROGRAM (NIAP) AND ADOPTION OF AN ASSOCIATED PRELIMINARY SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. ORDINANCE 6, 2014 — ELECTIONS SECTION 26.8 INITIATIVE AND REFERENDUM. (1ST READING). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. AT SECTION 26-8. INITIATIVE AND REFERENDUM. BY REPEALING SUBSECTION (G) AND READOPTING SAME, AS REVISED, IN ACCORDANCE WITH SECTION 163.031, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 26. ELECTIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XIII. RESOLUTIONS: XIV. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. CHARTER REVIEW COMMITTEE XV. CITY ATTORNEY REPORT: XVL ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 3, 2014 Resolution 12. 2014 Subject/Agenda Item: Declare the results of the March 11, 2014, General Election. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Clerk (Total) City Attorn y [ ] Approved $ Patricia Snider, CIVIC, City Clerk Current FY [ ] Approved w/ Conditions R�Maxfbhlnan, Esq. [ ] Denied Advertised: N/A Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [x ] Other . Resolution 12, 2014 • Certified Results [ x ] Not Required ------------------------------- Contract/Agreement: Submitted by: Department Director Effective Date: "�d N/A Expiration Date: Patricia Snider, CIVIC, City Clerk N/A Affected parties [ ] Notified Budget Acct.#: Approved by: City M a er [ t required Ronald' . Fe ris Meeting Date: April 3, 2014 Resolution 12, 2014 Page 2 of 2 BACKGROUND: In accordance with Section 26-2 of the City's Code of Ordinances, the City Clerk shall conduct the City elections in a proper and legal manner in accordance with general law of the State of Florida. In accordance with Section 26-17, the City Clerk, or designee, and such others as the City Council may appoint by resolution shall serve as members of the Canvassing Board. The Board shall ensure that the ballots cast for any election are fairly and accurately counted. The City's Canvassing Board, which includes the Palm Beach County Supervisor of Elections, has duly canvassed the returns of the General Election and has certified the results of the March 11, 2014, General Elections as true and correct tabulations. The recorded and absentee votes cast are as follows: Total Registered Voters: 37,807 Total Recorded and Absentee Ballots Cast: 7,167 For City Council Group 3 (Three -Year Term) Eric Jablin: 3,618 Michael J. Peragine: 3,467 For City Council Group 5 (Three -Year Term) Robin Deaton: 3,024 Marcie Tinsley: 3,641 STAFF RECOMMENDATION: Staff recommends approval of Resolution 12, 2014 as presented. 1 RESOLUTION 12,2014 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 4 GARDENS, FLORIDA DECLARING THE RESULTS OF THE GENERAL 5 ELECTION HELD ON MARCH 11, 2014; PROVIDING AN EFFECTIVE DATE; 6 AND FOR OTHER PURPOSES. 7 8 WHEREAS, on the 1 1th day of March, 2014, the Election Clerks and Inspectors 9 subscribed their oaths and performed their duties in said General Election in accordance with 10 the law; and 11 12 WHEREAS, the City's Canvassing Board certified the results of said General Election as 13 follows: 14 15 TOTAL REGISTERED VOTERS 37,807 16 TOTAL RECORDED AND ABSENTEE BALLOTS CAST 7,167 17 18 FOR CITY COUNCIL, GROUP 3 (Three -Year Term) 19 Eric Jablin 3,618 20 Michael J. Peragine 3,467 21 FOR CITY COUNCIL, GROUP 5 (Three -Year Term) 22 Robin Deaton 3,024 23 Marcie Tinsley 3,641 24 25 WHEREAS, the City's Canvassing Board has duly canvassed the returns of the 26 described election and has certified the foregoing as true and correct tabulations of the total 27 recorded and absentee votes cast; and 28 29 WHEREAS, the City Council wishes to formally adopt and declare the voting results for 30 the General Election, such results being attached hereto and incorporated herein as Exhibit "A"; 31 and 32 33 WHEREAS, the City Council deems approval of this Resolution to be in the best interest 34 of the health, safety, and welfare of the residents and citizens of the City of Palm Beach 35 Gardens and the public at large. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 38 PALM BEACH GARDENS, FLORIDA that: 39 40 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 41 42 SECTION 2. The following candidates are hereby declared to be elected to the offices as 43 follows: 44 45 CITY COUNCIL GROUP 3 Eric Jablin 46 47 CITY COUNCIL GROUP 5 Marcie Tinsley 48 49 SECTION 3. This Resolution shall become effective immediately upon adoption. Page 1 of 2 Resolution 12, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 PASSED AND ADOPTED this day of 12014. ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Ml R. Max Lohman, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY OF PALM BEACH GARDENS, FLORIDA BY: Mayor AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 12 2014 declaring the results.docx Page 2of2 Resolution 12, 2014 EXHIBIT "A" PALM BEACH Precinct Canva! MUNICIPAL-2014—E March 11, 201 PB GARDENS - GROUP 3 CD CD CL 0 < r- I IL 1174 0 1174 0 (HIO 1174 TC-EwT Voti? fl 0 0.00 AGA 1174 TC-predrtc Q 0 1174 TC-Pro-md AW 10 0 0.00 I174 Tc-proviobpz 0 0 0.00 IM TC-Aftente( 0 0 0.00 1176 TC-Ea* Vo#% 0 0 14,00 1176 TC-Ewly Vo5m 0 0 O-W AD 1176 TC-Prednc 0 0 om 1176 TC-Precinct AW 0 0 0.001 1176 Tc-pm"6-�' 0 0 0.100 1178 TC1-Abs0. 0 0 OtO 1178 Tc-e"miy `Jati 0 0 OM 1176 TC-Emty Voting 0 0 0-00 1178 TC Ptecin t# 0,00 1178 11176 Tr—Predno AGA 0 0 0.00 TC-P(W§Dnat 0 0 OM 1180 TC-Absenteee 0 0 0.00 Ilao TC-Early Vbhng 0 0 0.00 1180 TC-Ca' Vo'�mq 0 0 0,00 AD-4L 1180 TC-Pred-ict ID 0 O'Do 118D T<;-1Predr-4 ADAI 0 0 0.00 ilso Tc-prawskmaf 0 0 0.00 lies lt;-Al)serTf� 1460 166 12.74 21 i62 1 2 1186 -TG-FavoW)p I Tj,'DO II86 Tc-u* vr / 'W4, 1460 0 o ko ji ADA 1186 j TC-RednctI 146D 237 16,23 TO 1671 1186 y T('f'redrtO ADD 1460 0 0.00 1186 I Tc-ptv;is�.at 1460 0 0.00 1188 t TC-Absentee 784 17 ,2.11 14 1988 TC-E---ty Vaimig 7E4 ID 000 1188 TC-F-&4)r Voting 784 0 Oka 1188 TC-Fterimct 764 76 igM 26 5io 1 1188 TC-Predncz ADA 764 0 13.00 I188 Tc-prolvisional 784 a O;00 1190 TCAI�,ee 2448 75 3.06 2$1 43 1 2 1190 TC-Emy Voe'v 2448 0 0.00 1190 TC.-Eady Vang 2446 0 0.00 AD.A 1190 TC t re 2448 246 10.05 69 173 4 1190 TC-Preeanct ADA 2443 0 1100 1190 Tc-proldsionat 2448 1 0,04 11192 TC-Absentee 1403 11 0.781 4 P6nted: Thursday, March 13, 2014 4:04 PM Data Refreshed: 3/1312014 4:04 PM Page 63 of 'C Pftf.M BEACH Precinct Cavim MUNIC,IPAt._2014_E March 11, 201 1192 1192 1192 1192 1192 1194 1194 1194 1194 1194 1194 1196 1196 1196 1196 1196 1196 1222 1222 1222 1222 1222 1222 1230 1230 i230 1230 1230 1232 1?.32 1232 j1232 1234 11234 1234 1234 1234 12M 1236 PB GARDENS a GROUP 3 N 6 � n a m m � 0 fi5 3 ('.• ' Tr,Ea;v Votin i 1dII 4r1.0 TC-Ewly Vciim i 140 0 0.00 .AD, TC-Preen- 1 1401 9 13.90 72 109 14 TC-Precinct ADA TC-Pravisix i,, 140 0 0.00 TC•Ab�--mom 1907 S4 4.40 25 57 2 TC-Ea4y Votov 190 0 0.00 TC-Eari f Voirw, i 901 a o.en ADA TC-Pr4.c.-Ict 1R0 338 28.21 42 112 3 TC-Pre-dri tADA lac# 0 0.00 TC-Provisioi-*l 18011L 2 0,10 TC-Absent2s p 0 0.00 TC:-Early Voting ® 0 0.00 TC-Ealy Vvkiing 0 COO ADA TC-Precinct T 0 0.00 TC-Precatct ADA 0 0.00 TC-Provisional 0 0.00 TC-Absen*e 0 0.00 TG Early Vcrfirrg 0 0.00 TC;-Ear?y'9'olft i 0 0-00 ADA TC-Precinct € 0 0.00 TC42mci x t ADA U 4 II.IIO Tr Pro se sear 0 0.00 TC-Abrentee Its 0 0.00 I¢I TC-Ea€Ii V4t b 0 0-00 TC-E-V Votlas U 0 0.m AD?4 TC-Preci- 0 0.00 TC-Precnct ADA p 0 0.00 TC-Provisional 0 0.00 TC-AbsenLt-e 0 0.00 TC-€9..+j VGzim a 0.00 TG-Early Votng Q 0 0.00 ADA TC-Precinct p 0 0.00 TC-Prwm--' A13A 0 0.00 TC-Provisbrai 0 0.00 Tr-+bswee €r0 0.00 TC;-Early vot64 0 TC-Ea4 ticsfirg 0 0 Lr.00 ADA TC-Pre:+nct © 0 0.00 TC-Preonci ADA- 0 0,00 TC-'Provisi€xta? 0 0 0.03 TC :.At-en;ee b := 0.00 TC-E Ij Voting 0 0.00 Printed: Thursday, March 13, 2014 4:04 PM Data Refreshed. 3/1312014 4:04 PM Page 64 of : PALM BEACH Mi. NICIPAL 2014 E Precinct Canvas March 11, 201 PB GARDENS - GROUP 3 C2 Ls O t f) i� T G 4D C 1236 TC-Earn Volin a 0..00 i ADA 1236 TC-Predn-�. 0 0 0.00 1236 TC-Preand ADA 0 0 0.00 1236 TC-provis or--2t 0 0 0-GO i 1238 TC:Abtieniee 1571. 44 280 17 27 1238 TG-Ealy :Wring 1571 0 0.00 1238 T Eaey Vo-"Q 1571 0 0.00 ADD, 1238 TC-Neer i 15i1 382 24.32 lez 18 5i 1238 TC-Pr[-an EADA 1571 v 0-QO 1238 TC-Provisiorlal 1571 i 0:00 1240 TC-Absg,lee 2413 127 5 '26 ? &344 1240 TG-Eadyvo g 2413 0 0,00 1240 TC-Early Vtrilw 2413 0 0-60 ALGA 1240 TC-Precamd 2413 42B 17-65 2&0 162 4 1240 TC-PreciW ADA 2413 0 0.00 1240 TC-Provisional 2413 2 0.0E 2 ; 1242 TC-Absentee 2392 8.19 115 - 3 1242 TC-Earty V oling 23922 0 0.00 1242 TC-Eaq Votim 2392 0 0.00 AD. 1242 TC-Pyeanct 2392 502 20.94, 355 144 1242 TC-Pmcinct ADA 2392 0 0.00 1242 TC-proves mai 2392 1 0.04 1244 TC-r1". 1454 75 5.16 35 1244 TC-Eaiy Votr 1454 0 0.00 1244 TC-Eart7 VCMt 1454 0 0.00 A 1244 TC-Pre nst 'I454 280 1926 172 10 _ 5, 1244 I TC-Precinct ADA 1454 n o.ao 1244 TC-Provisional 1454 0 0-00 1246 TC*,bsmiee 2209 182 B.24 20 16. 1 1246 TC-Early Ve'd g 2209 0 0.00 1246 TC-Early Vbfing 2209 0 0.Oi� ADA, 1246 TC-Precinct 2209 312 14.12 47 25r 8 1246 TC-Predw, ADA 2209 0 0.00 1246 T,C-ptavisrorla! 2209 0 0.00. 1248 TC-Absentee 1415 91 6.43 24 6„ 1 1246 TC-Early Voidag 1415 0 O-GO 1248 TC-Early VW, na 1415 0 0.00 ADA 1248 TC-Ptevq , 1415 204 14-42 c 135 1248 TG-Preraml ADA 1415 0 0.00 1248 TC-ProviSl.^mi 1415 0 0.00 1250 TC-A;fs�lee 65 0 0.00 1250 TC-Early kiWq.2 65 0 0.00 1250 TC-Early, Vo6rg 65 0 O.Cto ADA H Fta,atsag, rwer+.:r3 la, zu 4:'U4 rr+t; Uata Refreshed- W13.201.4 4.-04 PM Page 65 of f PALM BEACH Precinct callua: MUNICIPAL_2014_E March 11, 201 1250 1250 1252 1252 1252 252 1254 1254 1254 1260 1260 1260 1260 1260 1260 1262 1262 1262 1267 1264 1264 1264 1264 1266 1266 1266 11265 1266 M 1266 1268 12W 11268 1268 PB GARDENS m GROUP 3 a. its a Q IT, [I1 TC-Pred= 65 1S 23.08 12 2 TC-Precinct ADA 65 0 0.00 Tc-pro'.^sionat 55 9, 0.0 TC-Absev,ee 2279 102 4.48 - 30 TD-Ea4-fVc-tht 2279 0 0.00 TC-Far€y %le-i g 2279 9 0, 0.00 ADA TC-Precncl 22�9 684 38.79 7'3G 1',63 11 TC-PrednclADA2279 L 13.00 Tc-ProvFsi r*i 2279 0,13 2 1 TC-ASsentc-e 4,5 13 2.C-119 5 6 Tc-Ea!t} VO-b € 435 9 0.00 TC-Early Veiing 435 0 0.00, ADA Te-Prevact 42-5 52 1i.935 34 18 TC-Pr-. r.0 ADA 435 0 0.04 TC-ProASimai 43s Ilp 0.v0. TC-ftbsa-RteL- 1262 55 4A4 16 35 2 TC-Early VcrttrlL� 1262 0 0.0 1-1 TC-€^ Vtling 1262 0 0.00 ADA Tc-Precnct 1262 138 10.94 41 94 3 TC-PrednctADA 1262 0 0.00 TC-PrOVisioral 1262 0 0,00 TC-Absentee 0 6 0.00 Tr -Ea FjVof go 0 0 0-00 TC-Ea*j Iftti g 0 0 0.00 ADA TC-Precinct 0 0 0.00 TC Prect AUA 0 i3 S-zz. TC-Provrsiora) 0 0 0.00 Te-Abse 6 cy 0.00 TC-Eattir Vining 6 0 0.00 TC sly Yotincr 6 es 0.00 I ADA TC-Precmv 6 0 0.00 TC-Precinct ADA 6 0 0.00 TC Prerss crrat 6 0 0.00 450 6 1.333 3 3 TC-Early Vo3 3 450 0 0.00 TC-F.,art} Voting 450 0 0-0-3 ADA Tc-Prelinct 450 3 0.67 2 1 TC-Precinct ADA, 450 0 0.09 TC-Prom-?nat 450 0 0_00 TC-Absentee 269 2 0_74 1 TC-Early Vethv 269 0 0.00 TG Ttat➢} VW5q 269 2 0-00 ADA TC-Precnct 269 g 2.35 2 Printed: Thursday, March 13, 2014 4:04 PM Data Refreshed_ W1W014 4:04 PEA Page 66 o€._ PALM BEACH Precinct Canva< MUNICIP,At._2014_E March 11, 201 1268 1268 1270 1270 1270 1270 1270 1272 1272 1272 1272 1272 1272 1274 1274 1274 1274 1274 1274 1280 1280 1280 1280 1260 1284 1284 1284 i284 1284 1284 1288 11288 1290 1290 1293 1290 1290 P.E GARDENS - GROUP 3 r w I L n s ro ill TC-Precut ADA 269 1 0.00 TC-PmAsra.�:l 263 4 0,00 TC-Absentee 8 1 0.011 +�� (-Eddy `,-, Zino 6 0 In. r TC-Eady Voting 8 0.0o ADA I TC-Predad 8 0.00 TC-Prerinci ADA 8 0.00 1 TC-Pmnswal 8 TC,At)senine 3Q-43 40 Z17 ? 8 31 TC'.-E*-�Voting TC-Ea11y Voting IS43 0.00 RDA TC-P,-w.,1'' 1843 193 10.47 75 117 1 TC-Precinct ADA 1843 0 0.0C1 TC-Provisional 1843 0 0.00 TC-Absentee 1:364 43 3_37 15 33 TGEafry VotiN 1564 0 0.00 TC-Early Vocrig 1561, 0 0.00 ADA TC-PCedi:- i 564 150 R.SG 67 82 1 TC-PreciWADA 1564 4 0-00 TC--ProvisPw-j 1554 0 4.00 I i C-Absentee 422 12 2,84 ` 4 TC-Earky Voting 429 0 0.00 TC-Earty VofinA 422 0 0.00 ADA TC-Precinct 422 42 9.g5 13 23 TC-Precinct ADA 472 e (00 TC-PTvAsiorat 422 4 Q_m TC-Absen2 c 2091 80 3.83 52 28 TC Early Vail r 2091 0 0.00 TC-Ea11y Vetinc 2091 0 0.00 ADA� TC-Precirre 2091 85 4.07 51 34 TC-Precindl ADD 2091 TC'-Prmisxtrtal' 2091 0 0.0b TC.-Absentee 40 i� 0,00 TC-EwV Va#ing 41D Ili 0.00'' TC-EsN !!soirq 40 0.00 ADA TC-Piecimd: 40 i1 27.50 5 B TC-PreGinr ADA 40 0.03 TC-Provisional 40 0.00 TC-.Ab5ertee 207E 48 2.31 2z 25 TC-Easiy 1110 E1g c07C, 0.00 TC-Eady Voting 2076 0.00 ADD TG-Pr.-,Il " 20715 16i 7.85 59 104 TO -Pi ecind ADA 2076 o 0.00 11 Printed: Thursday, March 13, 2014 4:04 PTA Data Refreshed: 3l13*014 4:04 PM Page 67 of r PALM BEACH Precinct Canva< it UNICIPAL-2014_E March 11, 201 1292 11292 1292 1292 11292 11292 12% 1296 12% 1296 1296 1296 1306 1306 1306 1306 130fi 1310 1310 1310 1310 1310 1310 13,18 13•ld3 1318 1313 1316 1318 1324 1324 1324 i324 1326 1326 1326 1326 1326 1326 PS GARDENS - GROUP 3 as { m L f: z >D L L 4'wo - n TC-ProVsisut 1 2011e 0.00 -- TC-Atx�-;t 58 3.45 1 f TC-Ea y Vo i.. 1 56 0.00 TC-F_'a•ty Vatin 1 58 0:00 AD TC-Pred" 58 4 10.34 5 1 TC-Pree{acdAD . 58 C�_O0 Tc-Pro}�sion- 56 0.00 TC-Abse^tee 626 3. 1.Si2 7 5 TC-Eat 4 irolim- 626 0I 0 00 TC-F- fif vamp 626 ADA TC-Prearzct 626 15 2.40 6 L f TC-Pre n• l ADA � 626 0 0.00 TC-Pimtm rc al 626 0 0.00' TC-AbJGe ee G a 10.33 Ti- y Voti:19 4 0 0,00 TC-Earg`y %lodi:Q 8 0 0.00 AAA TC-lzrr. d 6 0.00 TC-f'fed-n,tADA 8 0.00 TC-Prp'Amnal 8 0.00 TC-AbseMee 0.00 TC.-Ea;iy vc"'� 4 0 0.00 TC-Early V&.,i;g 4 0,00 ACA TC-prw— d 4 10.03 TC-Pre cnleADA 4 1 0.09 TC-Provis;omi 4 0.00 � TC Absesil�x 6 0 0.� TC-Eaf, Vaing 0 a 000 TC-E" "oFfrV 0 0 D.0 ADA TC-Precir4t 0 d 0,011 TC-Precinct ADA a a 0.0 Tr provm*mll 0 b0-00 Tc� t. sie dee 12a; 35 2_83 15 20 7C:-Early Voting 1237 0 CI-00 TC-Ew-* Votivng 123; a 0.00 ADA. TC-PTea � 123t' - JI i� 4.04 1 f 3 r TC-PmUnezt ADA 1237 0.0-9 TC-prLt.*Ssrmi 12.37 0_00 Tr—Absmpl• a 584 11.5.1 3 2 ?C f Voting 5.34 .1.0 TC-Ea Va n_Q 584 0,00 AC?� Tf; Precii" 584 55 9-42 TC-precin--i ADA 544' {} 0,00 TC-pm f5 I 5E4 tl}I 0.00 I I Printed: Thursday, March 13, 20144-04 PM Data Refreshed: 3/13/2014 4:04 PM Page 68 of c PALM BEACH Precinct Canva! MUNICIPAI.2014_E March 11, 201, 1340 1340 1340 1340 1352 1352 1352 1362 1352 1360 1360 11360 1372 1372 N372 1372 13,112 �1372 TC-Absentee TC-Early Voting TC-Early Voting ADA TC-Preciw TC-Precinct ADA TC-ProviSional Contest Total PB GARDENS - GROUP 3 id 0 Ll C TC-.Absentee 10 1 1000 X-F-Ity Voting 10 0 0.010 y Voting 10 0 0-00 Tc-plecinct 10 rl a -In TC-PrednclADA 10 0 0-or, 10 0 TC,Absentee 20.1i 33 1.811 1.1 27 TC-Ewy V-0ting 203l Q Q-W TC-Fatly Votng 2m1 0 000 ADA TC-Precinct 2101 185 9-11 93 TtPrecincl ADA 703, 0 0.00 TC-F"Al?t;iomj TC-Absentee $45 23 2.72 17 6 TC-Earty tic; .ng 845 0 0.00 TC-F-ady Voting m 0 0.00 ADA TO -Precinct 645 g0 10,65 29 60 TC-PrednrA ADA 845 0 0.00 Tc-provisional 845 0 OM TC-Abseente-e ASS 2 1,45 2 Tr-Earty volb-, '156 0 000 TC-Early Volf."g 138 0 0.00 ADA 'K'predy" T3a 2-17 0,00 TC-Provisionat 136 0 (L0.3 871307 ASIA 4.26 lz 37807 0 0.00 37807 it O.W ri $07 5547 14.67 2260 2so1 66 Q'G-j 37607 .01 377807 71671 18,961 S618 3467 31 7�j Printed: Thursday, Match 13,2014 4:04 PM STATE OF FLORIDA COUNTY OF PALM BEACH 1, SUSAN SUCHER, SUPERVISOR Of ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICF- WITNESS MY HAND AND SEAL THIS D OF qw SUSAN BUCHER SUPERVISOR OF ELECTIONS PALM EACH COUNTY,, FLORID By. A 11 J A _q j ;A Data Refreshed: 31'1312014 4:04 PM Z�er- ge 69 of c PALM BEACH Precinct Canva: MLINICIPAL_2014_E March 11, 201 1174 1174 1174 1174 1174 1174 1176 1176 1176 1176 1176 1176 1178 1178 1178 1178 1178 1178 1180 1180 1180 1180 1180 1180 1186 1186 1186 1186 1186 118866 1188 1188 1188 1188 1188 1188 1190 1190 1190 t190 1190 1192 PB GARDENS - GROUP 5 (T O T TC-Absent.. 0 Q 0.00 TC-Early Voti 3 0 a 0-00 T G-Early Vor to 0 0.00 AD . TC-P,—,m 0 0 0.0o TC-Pcv^.jnctAD 0 0 0.00 TC-'Provision�t 0 0 0.00 TC-Abs--"--e Q 0.w Tt, E^rtgr lfoting 0 0 0.00 TC-Easty voting 0 D 0010 ADD TC-Piecmc 0 0 ft.QG TC-PrecinctADA 0 0 0.00 TC-Provisional 0 a 0-00 T C-Abse, ee 0 0 TC-Early Voting 0 Q 0.00 € TC-Eaity Voting 0 0 em ADA TC-Prec;=tet �J L i3.�u i TC-Premrcl ADA 0 0 0,00 I TC-Prrrvissgta't 0 0 0 610 TC-Absentee 0 0 $1 TC-E2Ttj V-4irrg 0 0 u #1C TCEaffy Voting 0 0.€st AQ; t TC-Pradnct 0 0 0.00 TC-P-eQnc(AQA 0 0 0-00 TC-provisional 0 0 0.0E, € TC-Absenlee 1460 les 12.74 104 61 21, TC Eady Voting 1460 0 0.00 Tc-Eady Voting , 76J Q 0.00 ADA TC-Pre=W 1460 237 15.23 106 100 31 TC,Prezinct ADA 1460 0, 0.00 TC-Provisional 1460 0 0.00 TC-Absentee 784 17 2.17 13 a TC-Earty VopYV 784 0 0.00 TC-Early Voting 0 0.00 (' ADA Tr reEhr i 334 76 9.69 40 32 4 ADA 784 0 0.00 1TC-Pro_r,,iW ' TC-�,at 764 0 ?,aI TC-Absmtee 240 75 3.06 zr 34 TC-EaAy Vo+bW 2448 0 0.0Q Tc-Farly Vcotir 5.448 0 cW0 I ADA TC-PrednrY 2448 2A6 1005 164 73 - TC-PredrrzZ ADA 2448 0 O Q0 �I TC-Prom mat 2448 1 0.04 1 TC-Abs--ni 1403' t1 Q.7L? 1Qi TC-EadyVoting 14Q3 0 0.00 Printed: Thlursdsy, March 13, 2014 4:04 PM Data F ef€ ,,bed- 3/13/2014 4:04 PM Page 70 of c PALM BEACH Precinct Canvas MUNICIPAL_2014_E March 11, 201 4192 1192 1192 1194 1194 1194 1194 1194 1194 119E 419E 1196 1196 1196 1196 1222 1222 1222 1222 1222 1222 1230 1230 1230 1230 1230 1230 1232 4232 1111232 1232 1232 1232 1234 1234 11234 �1234 1234 11236 PB GARDENS - GROUP 5 CD c :zffi a ICD Ln a m 0 ib- o O TC-EwV Voting 1403 0.00 ADA TC-Precinnct 1403 195 13.40 41 152 2 TC-Precinct ADA 1403 1 0.00 TC-Provisional 1403 0.00 TC-Absentee 1907 a 440 38 39 2 5 TC-€arty Voting 190E 1 0.00 T-- Early Voting 1997 0.00 TC-Prscinrl 1907 5W 28.21 115 402 21 TC-PtE nct ADA 1907 0= TC-Provisional 1907 0.10 2 TG-AbseMeme 0 0.00 TC-Early V&A 0 0.00 iG-Fatty Vol mg 0 0-00 ADA TC-Precinct 0 0.p0 TC,Precinct A" 0 0.00 TC Pravisionat 0 0.6'f} TC-Absentee 0 0.00 TC-Early VWkq 0 TC-Eady Vo, 0 0-c10 ADA TCPr dad 0 0.00 TC-PreanctADA 0 0 0.00 TC-Pmristana� 0 000 TC-Abserdeel 0 0.00 , TC-Eaq Voting 0 0.00 TC-Eary Voting 0 0.0� ADA TC-Prednct 0 0.00 TC-Pmarmt ADA 0 0.00 TC-Pmvisiornal 0 0-000 TC-Absentee 0 0.00 TC-Early Voting 0 0:00 TC-Ealy Voting 0 0.00 ADA TC Precirutit 0 0.AM TC-Precnct ADA 0 0.00 7G-PtaatiSiorrat a ftr'if? TLT^.araentee 0 0-00 TC-£asiyr Votim (S 4.00, TC-Early Vafing 0 0.00 ADA TC-Mecind 0 0.00 TC-Neanccl ADA 0 0.00 TC-Provisimai 0 0-00 TC-Absentee 0 0.00 TC-Early Voting o 0.00 TC-£ariy Voting 0 0.00 ADA TC-Preonctl 0 0_q0 Printed: Thursday, March 13, 20144-04 PM Data Refreshed: 311312014 4:04 Pius Page 71 of c PALM BEACH Precinct Canvas R UNICIPAL_2014_E March 11, 201 PB GARDENS - GROUP 5 I� 6 0 C O 6 1236 TC-Precinct ADA. 0 0 000 1236 TC-Provisittnai 0 0 O.00 1238 TC-Absentee 1571 44 2.80 12 26 6 1238 TC-Early Vot(,n 1571 G. em 1238 TC-Earty Wing 150-1 0 0.00 ADA 1238 TC-Pre--drict 1571 352 24.32 (((" I 165 136 31 1238 TC-Precinct ADA 1571 0 0.00 ll 1238 TC-Pro�hsiDnat 1511 0 0:0, ! 1240 TCAbsentee 2413 127 5.28 j 41 73 13 1240 TC-UTty Voting 2413 0 0.00 1240 _ TC-Early Voting 2413 01 0.00 .ADA 1240 TC-Prerrnd 2413 428 176f, 15F 235 35 1240 TC-Psecrc# A.DA 2413 0 0.00 1240 TC-Provisional 2413 2' O.08 2 1242 TC-Absents 2332 196 $.18 63 85 1 47 1242 TC-Earh/ Vcritng 2392 0 o.00 1242 TC-Early Voting -92 0 0.00 ADA 1242 TC-Pre6mt ZVK 502 26.99 1A° MI 5b 1242 TC-PrecinclADA, 2392 0 0.00 1247 TC-Pra',+ bnal 2392 1 0,04 1244 TC-Absentee 1454 75 5.16 37 35 3 1244 TC-as4y vvt ng 1454 ID i@.oD 1244 TC y'Vofirrg 1454 0 0.00 ADA 1244 TC-Precinct 1454 280 14.26 103 152 25 1244 TC-Precinct ADA 1454 0 0.00 1244 TC-prMisionai 1454 0 0.00 12Ar6 '', TC-Absemee 22t9 182 8.24' 154 22 1 5 1246 TC-Ealy Voting 2209 0 0.00 1246 TC-Early Warrg 2n5 0 0.00 ADA 1246 TC-Precinet 2209 312 14.12 270 40 2 1246 TC-Pre i ADA 2209 0 0.00 1246 TC-ProtisEonol 2209 0 0.00 IIi 1248 TC,Absentee 1415 91 6.43 53 35 3 1248 TC-Earty Vrstlttg 1415 4 0.00 1248 TC-Early Voting 1415 0 ORD ADA 1248 TC-Precino .415 204 14.42 109 92 3 1248 TC-Precinc;ADA 1415 0 0.00 1248 TC-Pro vsio nat 1415 0 0.00 1250 TC-Absexntee SS 0 000 1250 TC-Eady Votirrl 6y u O ti0 1?50 TC-Early Volirna 5; 0 0.00 A . 1250 TC-Preci;rri, 65 15 23.08 1 1: 1250 TC-Pteci;,1ADA 65 G 4.Oi3 1250 TC-Prorisio nat 55 4 0.00 1252 TC-Ahsaltee 22?9 F02 4-48 27 55 9 Printed: Thursday, March 13, 2014 4:04 PM Data Refreshed: 3113/2014 4:04 PM Page 72 of c PALM BEACH MUNICIPAL- 2014 E Precinct Canvas March 11, 201 PR GARDENS -- GROUP 6 I y o � s � n u a o 1252 TC Eaxty V. ti 227! 0.00 1252 TC-Eadf a, 22 1 0,00 A-0, 1252 TC-Prediric 2271 38.75 F 227 544 113 1252 TC-Pr---r W. AD 227 0.00 t 1252 TC-Pmvisic.r 227 0,13 1 2 1254 TC-Absenle 43 1 2 90 - 8 1254 TC-EaAq L`v is 43 0.00 t254 TC-Ealy %loan 4a 0 0.00- AD 1254 TC-Fl ern 43 51 t 1 95 16 35 1 1254 TC-Precinct AD, 43 © 0.00 1254 TG-plov s 431,, 0 0,00 1260 TC-Absent 1226" 55 4.44 22 33 t , 1260 TC-E Vey 1262 a o.00 � 1260 Tc;-Ezl Votrill 1262 0 6.00 ADA 1260 TC-Pre—inc 12,32 138 10.94 � 1-15 62 1280 TC-FrednctADA 1262 0 0.00 1260 TC-Pruvtsio ias 1262 0 0.00 1262 TC-Absent 0.00 i 1762 TC-Eaty VbbN 0 0 0.00 1262 TC-E VO —n ADA 1 1262 TC-Precinct 0 0 om 1262 TC-Reci:nctADA, 0 0 0-00, 1262 TC-Provisona1 0 0 0.00 1264 TC-Absentee 6, 0 0,110 1264 TC-f Voting 6 0 0;00 1264 TC-Ealf vott- 0 0.00 ADA 1264 TC-Precinct. 6 0 0 00 1264 TC-Prednd ADA 6 0 0.00 1264 TC-Prowsional 6 0 0.00 1268 TC-A3 rdec- 450 6 133, 2 4 1266 TC-EFity Vo?n2 450 0 0.001 .266 TC-Eamy VC AC 450 0 J.00 1266 TC-Prec:no 450 3 0-67 ; 2 1 1268 TC-Precl"- ADA 45D A 0.11V 1266 TC-Provisional 450 0 0.00 1268 TC-a bs-eFstee 269 2 L%34 2 1268 Tc- ; V 0 0.00 1268 TC-Iran ,v 26 e Q-m ADA 1268 TC-Prearm Z69 G 3.35 IS 4 12M TC-!'mdn%;ZADA 709 0 0.00 1268 T:-Prav4sivsrw 260 ? 0. 00, 1270 TC-Absentee a 0 0.00 1270 TO —Early Voting 3 i mill 1270 TC-Eafiyt F-sling 8 0 0.00 ADA Printed. 'Mu€sday, March 13, 2014 4.04 PM Data Refreshed: 311312014 4:04 PM Page 73 of � PALM BEACH . Precinct Carnva! MUNICIPAL 2014_E March11, 20! 11270 1270 1272 1272 1272 1272 1274 1274 1274 1274 1274 1274 1280 1280 1280 1280 1280 1284 '1284 1284 1284 1284 1288 1288 1288 i288 1288 1288 11290 1290 1290 1.292 1292 1292 1292 1292 PB GARDENS - GROUP 5 rc m Tr_Pr 0.00 TC-PrecinOA& i 3 i a00 iCt'rri0 t o^1 0.00 TC-Amen1_ 1843 6 2.17 25 15 TC-Early V 1843 0.00 i TC-Eariy Voting 1843 F400 ADAs TC-Ptevnct 1643 19 10.47 58, too 5 TC-Pre-,.nd ADA 1643 0.00 TC Provi$ioreq 1vl3 1 0.00 TG-Aoseriee 1564 4 3.07 25 22 TC-Ealy Voting 1564 ti.t3�t' TC-Early VotiV 1564 0.00 AGA t TC-Pm-' nct 1564 1: 9.59 69 80 TC-PredmiADA 1564 0.00 TC-Prorrsicr..al 1.%4 0.00 TC-Absenle-_ 422 12 2-E4 5 4 TC- Vcling 422 r: 0.00 TC 1.1ofing 422 0 0-00 At?ra TC-Pfecmct 422 42 9.05 25 IS TC-s and--rct ADA 422 0 6.30 TC-Proiisianal' 422 0 C.00 TC-Msp-Mee 2091 t 3€S3 25 4E TC- `405FIg 2091 0 0.00 TC-EarlyVofin_q 2091 0 0,00 ADA TC-Precinct 2091 55 4.07 I 26 SC- TC Prec rr ADA 209 C� 0.00 T�PrOt r&itxlafi 20P 0 000 TC-Absentee d0 0 0.00 I TC-Fail ` olinR 40 v' 0.00 TC- artyveting 40 0 0.00 ADA TC-Premw 40 1 i 27.50 C+ 5 TC-P-ecncl MjA 40 0 0.00 I T C-pravnslomi 40 0 0.00 TC-Abseotee 207� 4€ 2_31 22 24 TC-Ealy Voting 2076 0 0.00 TC-Eely Mina 2076 0 0.00 AUV_ TC-Prednct j 2076 163 7-85 81 s0 7C-PFeCl'?CtADA 2076 0 am TC-Prc.isionsl 2976 0 0.00 I TC-Abs-emee 5S 2 Z.45 1 1 1 TC-Eady V0uqg 58 0 0-00 TC-Swt� Voiln7 56 0 0.06 atiA- TC-Prea^ct 58 5 1C-34 2 4 TC-Preciinct AOA 58 0 0.00 Tc-provismia 56 0 0.00 Printed: Thursday, March 13, 2014 4:04 PM Uata retreSneO: 3l131Z014 4_04 PM Page 74 of PALM BEACH MUNICIPAL 2014 E Precinct Carlaa; March 11, 201 PB GARDENS - GROUP 5 _ rn r s p ©_ ifl o J vim, 0ILI <' cs �. s < o_ 1296 TC-AGseer, 626 1 1.92 7 41 1296 TG' sir Vol:Voln 626 j 0.00 1296 626 0.00 AD _ 1296 TC-P-ecipt 626 V 2.40 6 8 1 1296 TC-Preci€ ct AD 628 1 0.00 1296 TG-Pro-dsron 1 626 0.00 1306 TC At)seRf 8 0.00 1305 TC-Earty Vas: 8 0.00 13W TC-Earty Voin i a 0.00 AD 1306 TC-Precia 8 0,00 1306 TC Pre d AD./ 8 0.03 1306 TC-Provis'*n 8 0.00 1310 II I TC-At*enie 4 O 0.00 1310 TC-cats 4`Rtirrc� 4 ttl 0.00 1310 TC-Ea-* Votng 4 0.u? AD 1310 TC-Precm-. 4 0-00 I 1310 TC-P,ednct ADA t a ¢ 0.00 1310 TC-provisional 4 0, 0.vj 1318 TC-Absentee 0 0.00 1318 Tc-Eav, Vo%Rg 0 t! 0.00 1318 T£-Eaty Voting 0 0I 0-00 ADA. 1318 TC-Flan t-- 0 Q 0.00 1318 TC-Predma ADA 0 � 0.00 1318 TC-PrptiiSionai 0 Q 0.00 1324 TC-Absentee 1237 3I 2.63 14 20 1 1324 TC-Earts VoiirV 1237 0.00 1324 TC-E--k, Voting i237 0.00 ADA 1324 TC-Pteciinct 1237 50 4.04 31 18 i 1324 TC-Prednct ADA ,237 0.00 1324 TC-1'rvuision3l 1237 0.00 1325 TC-Absents 584 0.11;11 1326 TJ Ea ty VotirQ 564 0.00 '1326 TC-Ealy V&ing U40 0.00 ADA 1326 TC-Pree n. 584 55 9.42 24 29 2 1326 TC-P.ed ADA �84 0.00 1326 TC-F'acsm, i mal 5a4 0.00 1340 TC-, rte^e 10 1.ri.00 1 1340 j' TC-E2dj VGtmg 10 0,00 1340 TC-EaTf'Voting 10 c 0.00 ADA 1340 TC-Precinct 10 1340 TC-Preamct ADA 10 0.00 1340 TC-prt3wsicme? 10, 0.00. 1352 TC-Abhsentee 2031 38 1:H7 2 15 1352 TC-Earts ` oarng 2o31 0 0.00 Printed: Thursday, March 13, 2014 4.04 PM Data Refreshed: 3,113,,2014 4:04 PM Page 75 of < PALM BEACH Precinct Canvas MUNICIPAL_2014-P March 11, 201 1352 1362 1352 1360 1360 1360 1360 13G0 1360 1372 1372 137.2 1372 1372 1372 TGACsentee TC-Early VotiN TC-Early Voting ADA TC-Precinct TC=Pre-ind USDA TC-Provisional Cordest Total PB GARDENS - GROUP 5 z c a' Z3 4 c. TG Ea=iy Vo$ 2031 0 0.00 - AD" Tf'-Prwn 2031 185 6.11 84 88 12 TG-PrecinctAO Z-031 0 0.00 TC-ProvL�iona 2W1 0 0.00 Tr-Ament &AS 23 2.72 11 '12 TC-Ea*V;� 845 0 0.0'1 Te-F.arty V¢1irtg w 0 0.00 ADA TC-P;a_^;lct 645 30 i0.65 47 37 6 TC-P,'e-lj ,1 ADA 845 0 0.00 TC-Pr visto 845 0.0C. TC-Absent 136 2 1.4., 1 a TC-E?ctty Votil. 133 0 0.00 ' TG€arty VoJrtg 138 0 0.00 ADA TC-Precrrict 136 3 2.1- i 2 TC-Pcecim:t ADA 138 0 0.00 TG Pxcrtis: uS 13z © 000 3760-7 161; 4.26 7sa 667' Q 132 37 W 0 G.00 37807 0 0.W 373iTt' 5.547 14.67'i 22s3 2345 366 378Q7 0 0.0 37607 9' 0.02 6, 37E07 71&7 tt?.98 302k ?�41 4 498 • "1 l Printed: Thursday, March 13, 20144:04 PM STATE Of FLOR A. COUNTY OF PAUA BEACH 1, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. aj- VdTNESSMY AI D SEAITHIS - 1 DAY OF no= SUSAN BUCHER SUPERVISOR OF ELECTIONS PALM EACH COUNTY, FLORIDA BY: `__( Data Refreshed. W 1-2•314 4:04 PM Page 76 of f PALM BEACH OFFICIAL RESULTS MUNICIPALJ Cumulative Totals March 11, 2014 REGISTRATION & TURNOUT PALM BEACH Completed Precincts I Total Registration Precinct Ballots Cast Precinct ADA Ballots Cast Absentee Ballots Cast Early Voting Ballots Cast Early Voting ADA Ballots Cost Provisional Ballots Cost ATLANTIS - SEAT I Completed Precincts Under Votes: Over Votes: NPA - Fred Fu(tado KIPA . rinniai i �rkln BOYNTON2 - COMMISSIONER Completed Precincts Under Votes: Over Votes; NPA - Meek McCray KIPA - Pnkiln tAm11,Qv I SOYNTON4 - COMMISSIONER Completed Precincts Under Votes: Over Votes: NPA . Joe Casello NPA - Cartriela R. Nanton BOCA-MAYOR 277 of 277 316,521 33,482 10.58%1 NPA - Susan Ha 2 0,00% NPA - Ant,!)Rp� 8,940 2.82% , 0 0100% 1 BOCA - SEAT B �jo 0.00% 1 Completed Precincts Under Votes: Over votes: 37 of 37 66 1 6,294 57,03% DELRAY - SEAT 4 Completed Precincts 36 of 36 Under Votes: 185 Over Votes: 6 NPA - Pamela Brinson 300 -4,690/v NPA - Angie Gray 2,613 40.87111 NPA - Jo(d.ana Jarjura 3255 2 1 50.9 " NPA - Victor Doc VicKirson - 5 3,52% DELRAY QUESTION Completed Precincts J7 of 37 Under Votes: 536 Completed Precincts 36 of 36 Over Votes: 4 Under Votes: 1,144 1 of I NPA - Mohamed Abdalla 660 5,30% 0 NPA - Michael Mullaugh 5,516. 52 . 231/a Over Votes: 2 NPA - Craig F. Ehrnst 3,316 31,390% YES 3,021 0 11 NPA - Eric Gooden '1 170 11. 204 1_94. 51,26% 7 ..48744"K 11 BOCA - S EAT D I Fr7EEi_ACRFS 615TRICT III Completed Precincts 37 of 37 Completed Precincts 16 Of 16 Under Votes: 802 Under Votes: 3 7 of 7 Over Votes: 0 Over Votes: 0 1 NPA - Rosetta V, Bailey 1,674 113.25% NPA - Judith Ougo 768 71.06% 0 - NPA - Robert$. Weinroth 6,868 66,67% NPA - Rochelle 321 28.94% 571 71,29% NPA ,-Yaniv Alcalay,. _ ___ _ . .... .......... 17,081/6 13 of 13 0 306 '�'­ . . ... .................. . . ­­ * ........ . .. .... GULSTREAM - COMMISSION DELRAY - SEAT Completed Precincts i of 't Completed Precincts 36 of 36 Under Votes: 363 Under Votes: 97 Over Votes: 0 Over Votes: 0 NPA - Robert Ganger 325 18,87% NPA - Richard 'Rick' Burgess 294 4,53% NPA - Scott W. Morgan 326 18.87% NPA - Chris Davey 2,964 45,69% NPA - Martin E. O'Boyle 122 7.08% NPA - At Ja2quet, 3,229 49,78%1 NPA - Joan K. Orthwein NPA - Thomas M. Stanley 313 317 18.18% 18,41% NPA . nnnrin R Whitp 141.7 (1 1 A r's Q/. Run Date/Time: 3/13114 3:58:19 PM Page 1 of 3 OFFICIAL RESULTS MUNICIPAL-2014 E PALM BEACH Cumulative Totals March 11, 2014 HIGHLAND - COMMISSIONER JUPITER - FIRST DISTRICT 111OCEAN RIDGE. COMMISSIONER Completed Precincts 2 of 2 Under Votes: 3 Over Votes 0 NPA - Dennis J. Sheridan 495 NPA - Rhoda Zelnlker 477 11 HIGHLAND QUESTION Completed Precincts 29 of 29 Completed Precincts Under Votes: 6 Under Votes: Over Votes: 0 Over Votes: NPA - Joe Charles 544 39,71% NPA - James Bonfiglio NPA - Todd Wodraska _§?.§_,j0.29% NPA - Richard Lucibella NPA. Rnhpii 1Al(4hr LAKE PARK - MAYOR Completed Precincts 2 of 2 Completed Precincts Under Votes: 108 Under Votes: Over Votes- 0 over Votes: YES 640 73,82% NPA - Janies DuBois WC) 957 9 A 1 A OA NPA . RtAvA Hnr.kniqn I HYPOLUXO - COUNCIL Completed Precincts Under Votes; Over Votes: NPA - Devon Born NPA . Michael C, Brown NPA - Linda Boone Allen NPA - Brad Doyle NPA - r*hr1-,fIna Nnmv I JUINO- SEAT ONE -­_ - Completed Precincts Under Votes: Over Votes: NPA - Jason Ilaselkorn NPA -.In-;rnh Rne%npv MANGONIA - SEAT 3 2 of 2 Completed Precincts 74 Under Votes: 0 Over Votes: 70 16.17% NPA - Clarence R. McConnell 121 27,94% NPA. Edward Earl Smith- 67 15,47 '01 90 20,79% 1 MANGONIA - SEAT 4 Completed Precincts Under Votes: 4 of 4 Over Votes: 0 NPA - Ariyan Alipanall NPA - Kelishe Buchanan -Webb 0 NPA - Addle L. Greene 323 70,22% Pia _aHdktS . of 6 0 Completed Precincts 0 Under Votes; 214 58.95% Over Votes: 149 41.05% NPA -Tom Mills NPA - John M. Workmen _P8 -SHORES _� 60MMI8,SIONFP__ W-W 10 Completed Precincts 0 Under Votes; 86 48.04% Over Votes: ____.23 51.96% I NPA - John B. Maffett NPA - Thomas'R. Sullivan NPA . I iczn A Trnnam-. ims 0 Completed Precincts 0 Under Votes: '18 9.52% 90 47.62% Over Votes: YES 126 0 296 37, 388 49. 1 of I 0 244 49.90 I of 1 201 0 244 31,00% 276 36.07% 267 33.93% i of 1 is 0 167 34,86% Run Date/Time: 3113/14 3:58:19 PM Page 2 of 3 OFFICIAL RESULTS MUNICIPAL-2014-E PALM BEACH Cumulative "totals March 11, 2014 PS GARDENS - GROUP 3 SOUTH BAY - GROUP ONE Completed Precincts 47 of 47 Completed Precincts i of I Under Votes: 79 Under Votes: 9 Over Votes: 3 Over Votes: 0 NPA - Eric Jeblin 3,618 51,07% NPA - Esther E. Berry 185 57,4511%1 NPA - Michael J. Peta ine 3,467 4&93% NPA - Kina Green -Ph 137 42.55%1 PB GARDENS - GROUP 5 SOUTH BAY - GROUP FIVE Completed Precincts 47 of 47 Completed Precincts I of 1 Under Votes: 498 Under Votes, 2 Over Votes: 4 Over Votes: 0 NPA - Robin Deaton 3,024 46.37% NPA - RL Thomas Jr 86 26-14 NPA - Marcie Tinsley 3641 54.63% NPA - Virginia K, Walker NPA -.John Wilson 102 31.00 42.86 RIVERA m.141 WELLINGTON - SEAT 2 Completed Precincts 21 of 21 Under Votes: 7 Completed Precincts 29 of 29 Over Votes: 0 Under Votes: 46 YES 2,652 73.24% Over Votes: 2 NO 969 26 NPA —Anne Gerwig - Sbaron-Lasco]a— 2.559 1.524 62.67% 37,33% k ACOALM - k4AYOR LNPA- WbU.-INGT61�1 - SE —AT 3- Completed Precincts 23 of 23 Under Votes; 3 Completed Precincts 29 of 29 Over Votes: 0 Under Votes: 51 NPA - Laurel Bennett 110 5,6611/1 Over Votes: 0 NPA - Matty Mattloll 723 37.171 NPA - Howard K. Coates, Jr, 2,920 56.86% NPA - Felicia Matula 695 35,73% NPA - Matt Kuril_____ ___ _ _ 1J60 43,14%, Run DatetTime: 3/13114 3:58:19 PM Pago 3 of 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 3, 2014 Resolution 13, 2014 Subject/Agenda Item: Appointing the Mayor and Vice Mayor, [X] Recommendation to APPROVE r 1 Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Clerk (Total) City Attorney / / [ ]Approved aPatricia Snider, CMG, City Clerk Current FY [ ] Approved w/ Conditions R. KAax LQ6man, Esq. [ ]Denied Advertised: N/A Funding Source: [ ] Continued to: Date: Operating Attachments: Paper: [x Other Resolution 13, 2014 x ] Not Required ---- _..------------------------ Contract/Agreement: Submitted by: Department Director Effective Date: N/A Patricia Snider, CIVIC, Expiration Date: City Clerk N/A Affected parties [ ]Notified Budget Acct.#: Approved by: City Manager [ x ] Not required Ron;ild/M. Ir Is Meeting Date: April 3, 2014 Resolution 13, 2014 Page 2 of 2 BACKGROUND: In accordance with Section 4-3 of the City Charter of the City of Palm Beach Gardens, the City Council annually selects members of the City Council to serve as Mayor and Vice Mayor at its organizational meeting held during the month of April. STAFF RECOMMENDATION: Staff recommends approval of Resolution 13, 2014 as presented. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 13,2014 I A fffi�=* 1, 0 st MilkA A WHEREAS, pursuant to Section 4-3 of the Charter of the City of Palm Beach Gardens, the City Council annually selects members of the City Council to serve as Mayor and Vice Mayor at its organizational meeting held during the month of April; and WHEREAS, the City Council deems approval of this Resolution to be in the best interest of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Pursuant to Section 4-3 of the City Charter, the following persons shall be and are hereby appointed and named to the following offices of the City of Palm Beach Gardens, Florida: VICE MAYOR: SECTION 3. The above -named Mayor and Vice Mayor shall hold office until the next annual organizational meeting of the City Council or until their successors shall be appointed and qualified in accordance with the Charter of the City of Palm Beach Gardens, Florida. SECTION 4. This Resolution shall become effective immediately upon adoption. Page 1 of 2 Resolution 13, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY NIN R. Max Lohman, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER day of , 2014. CITY OF PALM BEACH GARDENS, FLORIDA AYE NAY ABSENT , Mayor G:\attorney_share\RESOLUTIONS\2014\Resolution 13 2014 - appointing Mayor and Vice Mayor.docx Page 2 of 2 External Boards Purpose Appointee Alternate Appointee Alternate 2013/2014 2013/2014 2014/2015 2014/2015 Intergovernmental Issues The coordination with adjacent local governments regarding proposed amendments to the comprehensive plan, Bert Premuroso --- (IPARC) including the future land use map and the zoning atlas when the proposal is located within one-half mile of the jurisdictional boundary. Loxahatchee River The Loxahatchee River Environmental Control District is a separate local agency. The purpose of the District is David Levy Mark Coordinating Council to effectively achieve water quality and water quantity management within the Loxahatchee River Basin Hendrickson through the management of water supply, wastewater, and storm water drainage. Palm Beach County League of The League is governed by a Board of Directors, comprised of elected city, town and village officials. The David Levy Bert Premuroso Cities League functions under its Charter and By-laws, while the strategic plan outlines the mission, goals and Eric Jablin objectives. The aim of the Palm Beach County League of Cities is to promote local self-government and serve Joe Russo the needs of the municipal governments in Florida. Marcie Tinsley North County North County Intergovernmental discusses the vision for their communities, council's position regarding Bert Premuroso Eric Jablin Intergovernmental business development and the types of business and industry they would like to attract. Also addressed are the overall planning issues regarding affordable housing, traffic and transportation, parks and recreation areas, school sites, etc. P.B. Co. Metropolitan The MPO is responsible for transportation planning and programming in Palm Beach County. Each urban area Eric Jablin Marcie Tinsley Planning in the US has an MPO which acts as a liaison between local communities, their citizens, and the state departments of transportation (DOT'S). MPO's direct how and where available state and federal dollars for transportation im rovements will be spent. Seacoast Utility Authority Seacoast Utility Authority is a publicly owned water and sewer utility serving approximately 47,000 homes and Ron Ferris --- 2,700 commercial establishments in northern Palm Beach County Florida. The August 1988 Interlocal Agreement establishing Seacoast vests governing authority in its five member board. Board members are appointed by the respective political jurisdictions within which Seacoast provides service. Each member's voting share is weighted according to population served. Bioscience Land Protection Palm Beach County, the Towns of Jupiter, Lake Park, and Mangonia Park, the City of Riviera Beach and the Joe Russo David Levy Advisory Board City of Palm Beach Gardens created the Bioscience Land Protection Advisory Board to protect properties located within bioscience research protection overlays. North County Chamber Life An initiative of the North Palm Beach County Chamber of Commerce —the Life Science Committee is Joe Russo --- Science Committee dedicated to fostering the growth of the region's most dynamic industry cluster. It includes representatives from the North County municipalities, area industry and higher education to offer cross functional support. Palm Beach County League of Sub Committee of the Palm Beach County League of Cities. The discussions involve environmental issues David Levy --- Cities Environmental affecting Palm Beach County and surrounding municipalities. Committee Palm Beach Workforce Alliance This committee was created to increase the economic base of the community by providing workforce David Levy --- Consortium development, job training and employment services for the businesses and citizens. Northlake Boulevard Task Northlake Boulevard Task Force was formed for the purpose of facilitating renovation and/or redevelopment of Eric Jablin --- Force the Northlake Boulevard Corridor between the Village of North Palm Beach, the Town of Lake Park, the City of Palm Beach Gardens, and Palm Beach County. The contract with all Municipalities has been extended and will expire on 9/30/16. Palm Beach County Water The Water Resources Task Force was formed to identify and evaluate efficient and cost-effective opportunities David Levy --- Resources Task Force in the provision of future water supplies. North County Economic Identify growth industries and develop action plans to companies seeking to relocate or expand operations in Joe Russo Marcie Tinsley Development Adv. Board partnership with the municipalities and the Business Development Board. INTERNAL Purpose Powers and Duties Meeting Dates Staff 2013/2014 2014/2015 BOARDS Liaison Art in Public The purpose of the art in public places advisory board is to Review submissions of existing or commissionable works of art and make 3rd Tuesday at 5:30 p.m. No Dawn Eric Places Advisory promote greater public participation in, and access to, arts and recommendations to the city council. In the development review process, the board shall less than once per quarter, Sonneborn Jablin Board culture in the city and to make recommendations to the city review the proposed art in public places location on site and make recommendations to the however, meetings may be council to implement the art in public places regulations, including applicant on the most suitable location for art on site. Make recommendations to the city cancelled if there is site and artwork selection and review of artist(s) and artwork(s) council on expenditures of art impact fees. insufficient business for the commissioned or purchased by the city. board's consideration. (as per Ord. 19, 2011) Parks and The purpose of the parks and recreation advisory board shall be to Investigate matters referred by the city council and submit reports to the council on such 3` Monday at 6:00 p.m. No Laura Marcie _ Recreation serve as advocates for the citizens by conducting constructive matters. Review and make recommendations to the city council concerning parks and less than once per quarter, Shuppert Tinsley Advisory Board investigation, discussion, and review; providing advice to the recreation issues. Participate in visioning, strategic planning, and development of a capital however, meetings may be community services department, city manager, and city council improvements plan to address the recreational needs of the city. Conduct public cancelled if there is with a broad outlook towards improving present recreational participation meetings on issues related to parks and recreation. Survey the community insufficient business for the facilities and increasing utilization of the facilities by the public; recreational needs and develop recommendations to meet those needs. board's consideration. and evaluating and recommending future community needs for (as per Ord. 19, 2011) recreational projects and facilities. Planning, The purpose of the planning, zoning, and appeals board is to make Review and make recommendations to the city council on site plans, master site plans for 2°d Tuesday of the month at Natalie No Zoning & recommendations to the city council on development petitions that PUD's, planned community developments. Hold workshops and public hearings on 6:00 p.m., however, Crowley Apponitment Appeals Board appear before the board, and hear and decide upon variance development petitions. Review all requests for zoning changes. Review and make meetings may be cancelled requests and appeals to administrative decisions made by the recommendations on requests for annexation. Act as the land development regulation if there is insufficient administrative officials of the city on issues related to the land commission. Hear and decide on all variance requests in accordance with section 78-53 of business for the board's development regulations. the city's land development regulations. The board shall have no authority to authorize the consideration. use of any parcel of property or structure in a manner not permitted by the zoning (as per Ord. 19, 2011) classification of the district in which the property or structure is located. Bert Budget The purpose of the Budget Oversight Committee is to provide Review the proposed operating and capital improvements budget as prepared by staff. Meetings held at the call of Allan Oversight citizen input for the budget process. Request information from staff in order to analyze the proposed operating and capital the Chair, provided the Owens Premuroso Committee improvement budget. Review the recommended spending plan for compliance with current Committee shall convene adopted financial policies i.e., fund balance levels, debt service coverage, etc. Make a no less often than twice recommendation to Council during the budget adoption process regarding the proposed during the budget operating and capital improvement budget, as submitted. preparation cycle (June — September) I CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 March 6, 2014 6 The regular meeting was called to order at 7:01 p.m. by Mayor Premuroso. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor Premuroso, Vice Mayor Jablin, Council Member Russo, Council Member 10 Tinsley, Council Member Levy. 11 ABSENT: None. 12 III. ADDITIONS, DELETIONS, MODIFICATIONS 13 Comprehensive Annual Financial Report (CAFR) Award was deleted and will be added to the 14 April 3, 2014 Council Agenda 15 Council Member Tinsley made a motion. 16 Mayor Premuroso seconded. 17 Motion passed 5-0. 18 IV. ANNOUNCEMENTS AND PRESENTATIONS 19 None 20 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 21 Council Member David Lew: Attended the BallenIsles Going Green Event. Thanked 22 Schumacher Automotive for providing him a vehicle when his car was involved in an accident. 23 Council Member Marcie Tinsley:.Attended the PBYAA Girls Softball Grand Opening 24 Ceremony; Attended the PBYAA Baseball Grand Opening Ceremony; Attended the Palm Beach 25 Gardens Police Department Award Ceremony; Congratulated Officer Alexis for receiving the 26 Officer of the Year Award; Attended the Treasure Coast Regional Planning Council meeting; 27 Attended Congress Patrick Murphy Job Forum; Attended the Honda Classic 28 Council Member Joseph Russo: Announced that the Honda Classic was successful; Reported 29 exceeded 190,000 people; Thanked Police Department and Fire Department for the hard work 30 during the Honda Classic; Announced that the State Legislature is attempting to put Western 31 enclave on agricultural land, directed the City Manager to schedule a meeting with the Northern 32 County cities to discuss this issue; Announced the Political Committee, Palm Beach Gardens 33 Needs Term Limits is suing the City; Requested charter review committee be created to review 34 the City charter, Announced that the previous charter review committee did not recommend term 35 limits or direct election of the Mayor; Requested charter review be added on April City Council 36 Agenda for discussion 37 Vice Mayor Eric Jablin: Requested charter review is discussed at the April City Council 38 meeting; Request city staff finds the Bensinger report that addresses western development; 39 attended the MPO meeting; 40 Mayor Robert Premuroso: Announced Palm Beach Gardens High School is hosting the Eissey 41 Roast event; Announced Palm Beach Gardens High School is hosting a Food Fast Mania event; 42 Palm Beach Gardens Historical Society will have Don Kislewski Jr. to speak about FPL. 43 VI. CITY MANAGER REPORT 44 Thanked the Police Department and Fire rescue for a phenomenal job at the Honda Classic. As a 45 part of the Marketing relationship with the Honda Classic, the City's website was visited by 35 46 countries and all 50 states. Lawsuit was filed against the City. Recommended to City Council 47 that an ordinance be drafted that addresses the issues in the lawsuit and bring it back to City 48 Council in April. 49 VII. COMMENTS FROM THE PUBLIC CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 03-06-14 I Ruth Peeples, 184 Bent Tree Drive Palm Beach Gardens; Michael Peragine, 277 Sedona Way 2 Palm Beach Gardens; Sheldon Rich, 1 Sheldrake Circle Palm Beach Gardens 3 VIII. CONSENT AGENDA 4 a. APPROVE MINUTES FROM FEBRUARY 6, 2014 CITY COUNCIL MEETING. 5 b. PURCHASE AWARD: RFP2014-013FN, INVESTMENT ADVISORY AND MANAGEMENT 6 SERVICES. 7 c. PURCHASE AWARD: ITB2014-029FR, FURNISH AND INSTALL EPDXY FLOORING AT 8 FIRE RESCUE STATIONS. 9 d. RESOLUTION 16, 2014 - PLAT APPROVAL FOR PALM BEACH ORTHOPEDIC 10 INSTITUTE (PBOI). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM I BEACH GARDENS, FLORIDA APPROVING THE PALM BEACH ORTHOPAEDIC 12 INSTITUTE (PBOI) PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN 13 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 14 e. RESOLUTION 17, 2014 - PLAT APPROVAL FOR PGA PLAZA. A RESOLUTION OF THE 15 CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE 16 PGA PLAZA PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE 17 DATE; AND FOR OTHER PURPOSES. 18 f. RESOLUTION 18, 2014 — BIG HEART BRIGADE. A RESOLUTION OF THE CITY 19 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING 20 ADDENDUM II TO THE AGREEMENT WITH THE BIG HEART BRIGADE, INC. FOR USE 21 OF FACILITIES AND IN -KIND SUPPORT SERVICES IN ORDER TO ASSIST IN THE 22 PRODUCTION OF THE THANKSGIVING FEAST EVENT; PROVIDING AN EFFECTIVE 23 DATE; AND FOR OTHER PURPOSES. 24 h. RESOLUTION 20, 2014 — PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM. 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 26 FLORIDA AUTHORIZING THE EXECUTION OF THE THIRD AMENDMENT TO THE 27 INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE 28 DEVELOPMENT CONSORTIUM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 29 PURPOSES. 30 i. PROCLAMATION- NATIONAL PROCUREMENT MONTH 31 Council Member Jablin made a motion for approval of the Consent Agenda without Item G. 32 Council Member Russo seconded. 33 Motion passed 5-0. 34 The City Clerk read Resolution 19, 2014 by title. 35 g. RESOLUTION 19, 2014 - OPPOSITION TO STATE ROAD 710 AND NORTH LAKE BLVD 36 URBAN INTERCHANGE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 37 PALM BEACH GARDENS, FLORIDA OPPOSING THE PROPOSED STATE ROAD 710 38 (BEELINE HIGHWAY) URBAN INTERCHANGE AT THE INTERSECTION OF 39 NORTHLAKE BOULEVARD AND STATE ROAD 710; PROVIDING AN EFFECTIVE DATE; 40 AND FOR OTHER PURPOSES. 41 Discussion ensued. 42 Council Member Jablin made a motion to approve Resolution 19, 2014. 43 Council Member Russo seconded. 44 Motion passed 5-0. 45 IX. PUBLIC HEARINGS: (*Designates Quasi -Judicial Hearing) 46 Those preparing to give testimony were sworn in. 47 The City Clerk read Ordinance 2, 2014 by title. 48 a. ORDINANCE 2, 2014 — (2nd READING AND ADOPTION) SMALL SCALE 49 COMPREHENSIVE PLAN AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL OF 50 THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A SMALL SCALE 51 AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE 52 WITH THE MANDATES SET FORTH IN SECTION 163.3187, ET SEQ., FLORIDA CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 03-06-14 I STATUTES, PURSUANT TO APPLICATION NO. CPSS-13-11-000005, WHICH PROVIDES 2 FOR AN AMENDMENT TO THE CITY'S FUTURE LAND USE MAP BY DESIGNATING 3 ONE (1) PARCEL OF REAL PROPERTY COMPRISING APPROXIMATELY ONE AND 4 68/100 (1.68) ACRES IN SIZE, MORE OR LESS, AS "(C) COMMERCIAL"; SUCH PARCEL 5 BEING LOCATED GENERALLY AT THE NORTHEAST CORNER OF NORTHLAKE 6 BOULEVARD AND 1-95; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS 7 OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO DEO; 8 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO 9 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 Mayor Premuroso opened the Public Hearing. 11 Petitioner: None 12 Staff presentation: None 13 Public comment: None 14 Mayor Premuroso closed the Public Hearing. 15 Council Member Jablin made a motion to approve Ordinance 2, 2014. 16 Council Member Russo seconded. 17 Motion passed 5-0. 18 The City Clerk read Ordinance 3, 2014 by title. 19 b. *ORDINANCE 3, 2014 — (2nd READING AND ADOPTION) REZONING PROPERTY TO 20 GENERAL COMMERCIAL (CG-1). AN ORDINANCE OF THE CITY COUNCIL OF THE 21 CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY 22 WITHIN THE CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, 23 CONSISTING OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.36 ACRES IN 24 SIZE, MORE OR LESS, LOCATED AT THE NORTHEAST CORNER OF NORTHLAKE 25 BOULEVARD AND 1-95; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH 26 IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE ASSIGNED THE CITY 27 ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE 28 ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED 29 ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 30 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 31 PURPOSES. 32 Mayor Premuroso asked for any ex parte. 33 None. 34 Petitioner: None 35 Staff Presentation: None 36 Public Comment:None 37 Council Member Jablin made a motion for approval of Ordinance 3, 2014. 38 Council Member Tinsley seconded. 39 Motion passed 5-0. 40 The City Clerk read Ordinance 5, 2015 by title. 41 c. *ORDINANCE 5, 2014 — (2nd READING AND ADOPTION) NORTHLAKE SUNOCO. AN 42 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 43 FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS 44 OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF 45 REAL PROPERTY TOTALING 1.22 ACRES IN SIZE, MORE OR LESS, LOCATED AT THE 46 NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND 1-95, TO BE KNOWN AS 47 THE UNLIMITED AUTO WASH PUD; PROVIDING THAT THIS PARCEL OF REAL 48 PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE 49 ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT 50 (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL 51 COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM 52 BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 03-06-14 I A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 2 DATE; AND FOR OTHER PURPOSES. 3 Mayor Premuroso asked for any ex parte. 4 None. 5 Petitioner: None 6 Staff Presentation: None 7 Public Comment:None 8 Council Member Jablin made a motion for approval of Ordinance 5, 2014. 9 Council Member Russo seconded. 10 Motion passed 5-0. 11 RESOLUTION 11, 2014 IS A COMPANION ITEM TO ORDINANCE 5, 2014 AND WILL 12 REQUIRE COUNCIL ACTION. 13 The City Clerk read Resolution 11, 2014, by title. 14 *RESOLUTION 11, 2014 - NORTHLAKE SUNOCO. A RESOLUTION OF THE CITY COUNCIL 15 OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN FOR 16 THE UNLIMITED AUTO WASH PLANNED UNIT DEVELOPMENT (PUD); LOCATED AT THE 17 NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND I-95, AS MORE PARICULARLY 18 DESCRIBED HEREIN, TO ALLOW AN ADDITIONAL CAR WASH LANE AND TO ADD A 19 CANOPY TO THE EXISTING CAR WASH; PROVIDING A WAIVER; PROVIDING 20 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 21 PURPOSES. 22 Mayor Premuroso asked for any ex parte. 23 None. 24 Petitioner: None 25 Staff Presentation: None 26 Public Comment:None 27 Council Member Jablin made a motion for approval of Ordinance 5, 2014. 28 Council Member Russo seconded. 29 Motion passed 5-0. 30 X. RESOLUTIONS 31 a. RESOLUTION 14, 2014 - COLLECTIVE BARGAINING AGREEMENT. A RESOLUTION OF 32 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING 33 AND RATIFYING AN AGREEMENT WITH THE POLICE BENEVOLENT ASSOCIATION 34 FOR POLICE OFFICERS, SERGEANTS, AND COMMUNICATIONS OPERATORS 35 EMPLOYED BY THE CITY'S POLICE DEPARTMENT FOR FISCAL YEARS 2013-2016; 36 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT; 37 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 38 Staff Presentation: Sheryl Stewart, 39 Public Comment:None 40 Council Member Jablin made a motion for approval of Resolution 14, 2014. 41 Council Member Tinsley seconded. 42 Motion passed 5-0. 43 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 44 a. 40T" TERRACE AND SUNSET DRIVE INFRASTRUCTURE IMPROVEMENTS SURVEY — 45 UPDATE AND DISCUSSION. 46 Council Member Levy made a motion for a resident meeting on Monday, March 24, 2014. 47 Council Member Jablin seconded. 48 Motion passed 5-0. 49 XII. CITY ATTORNEY REPORT 50 None 51 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 03-06-14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 XIII. ADJOURNMENT Council Member Russo made a motion to adjourn. Council Member Tinsley seconded. Motion passed 5-0. The meeting adjourned at 8:20 p.m. The next regularly scheduled City Council meeting will be held April 3, 2014. APPRnVF,D- , Mayor , Vice Mayor , Council Member , Council Member , Council Member ATTEST: Patricia Snider, CMC City Clerk Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 03-06-14 PAGE 5 CITY OF PALITI BEACA GARDEA CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 3, 2014 Resolution 16, 2014 Subject/Agenda Item: Select dates for the July and August regular City Council meeting. [X] Recommendation to APPROVE r 1 Recommendation to DENY Reviewed by: Originating Dept.: Costs: Council Action: City Attor it City Clerk $ 0 (Total) Approved 2K Patricia Snider, CMC, City Clerk Current FY Approved w/ Conditions R.Oa�foHman, Esq. ]Denied Advertised: N/A Funding Source: ] Continued to: Date: ]Operating Attachments: Paper: [x ] Other * Resolution 15, 2014 x ] Not Required _______________________________ Contract/Agreement: * Resolution 90, 2010 Submitted by: Department Director Effective Date: ziad N/A Expiration Date: Patricia vSnider, CIVIC, City Clerk N/A Affected parties ]Notified Budget Acct.#: Approved by: City M e it r jAliq-61: required Ronald F rns Meeting Date: April 3, 2014 Resolution 16, 2014 Page 2 of 2 BACKGROUND: Resolution 90, 2010 (attached) modified the schedule for regular City Council meetings to once per month on the first Thursday commencing January 2011 with the exception of the month of July. The date was established as the third Thursday of the month to avoid conflict with the Fourth of July holiday. STAFF RECOMMENDATION: In order to accommodate vacation and travel plans, and allow for staff reports, advertisements, and notices to be completed in a timely manner, the following dates are proposed: Thursday, July 10, 2014 Thursday, August 7, 2014 Staff recommends approval of Resolution 15, 2014 as presented, 1 2 RESOLUTION 15, 2014 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF 7 REGULAR CITY COUNCIL MEETINGS FOR THE MONTHS OF 8 JULY AND AUGUST, 2014; PROVIDING AN EFFECTIVE DATE; 9 AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, Section 18-3 of the Charter of the City of Palm Beach Gardens 13 provides that the dates of the regular meetings of the City Council shall be set by 14 Resolution; and 15 16 WHEREAS, pursuant to Resolution 90, 2010, the City Council modified the 17 regular schedule of the City Council meetings such that the Council meetings shall be 18 held once per month on the first Thursday of the month at 7:00 p.m., with the exception 19 of the month of July during which the subject meeting will be held on the third Thursday 20 at 7:00 p.m.; and 21 22 WHEREAS, the City Council has determined that it is in the best interest of the 23 citizens of the City to modify the schedule of the July meeting, as well as the August 24 meeting, when necessary, to allow ample time in between meetings to prepare 25 subsequent agendas; and 26 27 WHEREAS, the City Council deems approval of this Resolution to be in the best 28 interest of the health, safety, and welfare of the residents and citizens of the City of 29 Palm Beach Gardens and the public at large. 30 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 36 37 SECTION 2. The Regular Meetings of the City Council for the months of July 38 and August, 2014, shall convene at 7:00 p.m. on the following dates: 39 40 July 10, 2014, and August 7, 2014. 41 42 SECTION 3. This Resolution shall become effective immediately upon adoption. 43 44 45 46 Resolution 15, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: VOTE: R. Max Lohman, City Attorney MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER day of , 2014. CITY OF PALM BEACH GARDENS, FLORIDA BY: Mayor AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 15 2014 setting dates for July and August.docx M-411-001 Page 2 of 2 I RESOLUTION 90, 2010 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF 5 REGULAR CITY COUNCIL . MEETINGS; PROVIDING AN 6 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 7 8 WHEREAS, Section 18-3 of the Charter of the City of Palm Beach Gardens 9 provides that the dates of the regular meetings of the City Council shall be set by 10 Resolution or by a vote of the majority of the members of the Council; and 11 12 WHEREAS, pursuant to Resolution 50, 1999, the City Council's regularly 13 scheduled meetings have been held on the First and Third Thursdays of each month; 14 and 15 16 WHEREAS, the City Council has determined that it is in the best interests of the 17 citizens of the City to modify the schedule of regular City Council meetings such that 18 City Council meetings shall be held once per month on the first Thursday of the month 19 at 7:00 P.M., with the exception of the month of July during which the subject meeting 20 will be held on the third Thursday at 7*00 P.M.; and 21 22 WHEREAS, the City Council shall, by vote, establish the two (2) required 23 September meetings to adopt the budget; and 24 25 WHEREAS, the City Council may schedule Special Meetings as necessary to 26 conduct the business of the City, and 27 28 WHEREAS, the City Council deems approval of this Resolution to be in the best 29 interests of the health, safety, and welfare of the residents and citizens of the City of 30 Palm Beach Gardens and the public at large. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 36 37 SgQTIQL4 2. The Regular Meetings of the City Council of the City of Palm Beach 38 Gardens, Florida. shall convene at 7:00 P.M. on the First Thursday of each month 39 commencing January 1, 2011, with the exception of the month of July during which the 40 subject meeting shall convene at 7:00 P.M. on the Third Thursday of the month. The 41 dates of the two (2) required September meetings, necessary to adopt the City's annual 42 budget, shall be established by vote of the City Council. 43 44 SECTION 3. This Resolution shall become effective immediately upon adoption. 45 i�� Resolution 90, 2010 1 PASSED AND ADOPTED this 2 3 l8 --'day of )JIV !MAW , 2010. 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 8 r= - _:- _ . 44 -�- 'Palfricfatnider, CMC, City Clerk 16 _- 17 APPROVED AS TO FORM 18 LEGAL FFICIENCY 19 20 21 BY: 22 R. M ma , City Attorney 23 24 25 26 VOTE- 27 28 MAYOR LEVY 29 30 VICE MAYOR PREMUROSO 31 32 COUNCILMEMBER RUSSO 33 34 COUNCILMEMBER JABLIN 35 36 COUNCILMEMBER TINSLEY 37 38 39 40 41 42 43 44 45 46 G:\anomeyAhaTe\RESOLUTIONSVOIO\Resoluban BY:(Oc7 David Levy, Mayor AYE NAY ABSENT 90 2010 establishing council meeting dates.dom Page 2of2 n� � 6 r 1P.,* PALM BEtACH GARDENS 'A unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Piggyback/Access Contract TITLE: Fuel Management System Upgrades DATE ADVERTISED: Not applicable WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: 501.3020.539.6900 CONTRACT TERM: Upon Completion VENDOR(S): Glasgow Equipment Service, Inc. CONTRACT NO.: A2014-03OFT DEPARTMENT: Community Services BIDS/PROPOSALS DUE DATE: Not applicable RESPONSES RECEIVED: Not applicable CONTRACT VALUE: NOT TO EXCEED One Hundred Thousand Dollars ($100,000) OPTIONS TO RENEW: Not applicable BACKGROUND: This Agreement will allow the City to upgrade the fuel management systems that are installed at the Fleet operations main facility and the Fire Rescue stations. The current fuel management system is outdated and has been in operation for more than ten (10) years. This upgrade will allow the City to better control and manage the City's fuel receipt and dispensing operations, and provide greater oversight and accuracy of records. COMMENTS: This Agreement is a piggyback of a School District of Palm Beach County contract. The contractor, Glasgow Equipment Service, Inc., has been performing similar work for the School District and other entities for several years. The company is well established and has been operating in South Florida for more than 50 years, and is very familiar with the requirements of the City. Department Head NAME J. E. Doughney III SIGNATURE DATE City Attorney rinnnra IF Purchasing Km! Ra /'-4L !by Other LASERFICHE DATA: Michael Morrow, Fleet Operations Effective Date: 4/3/2014 Expiration Date: Upon Completion Append to Existing: Not applicable PROPOSED • 4/3/2014 C9�APPROVED ❑ NOT APPROVED CITY MANAGER OR D IGNEE ❑ DEFERRED DATE 4L,hp PALM BEACH GARDENS 'A unique place to live, learn. work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR FUEL MANAGEMENT SYSTEM UPGRADES (ACCESS OTHER CONTRACT) AGREEMENT NO. A2014-03OFT THIS AGREEMENT is made and entered into this day of , 2014 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Glasgow Equipment Service, Inc., a Florida corporation (hereinafter referred to as "Contractor"), whose principal address is 1750 Hill Avenue, West Palm Beach, Florida 33419; and whose mailing address is PO Box 10087, Riviera Beach, Florida 33419- 0087. WHEREAS, Section 2-294 of the City's Code of Ordinances permits the City to "piggyback" an agreement awarded to another governmental agency pursuant to a competitive sealed solicitation, and WHEREAS, the School District of Palm Beach County (hereinafter "School District") awarded a contract, attached hereto and incorporated herein as Exhibit "A", from a competitive solicitation, RFP No. 09C-018K, attached hereto and incorporated herein as Exhibit "B", for the provision of Fuel System Equipment, Maintenance/Inspection, and Emergency Repairs, and WHEREAS, the School District renewed the Contract for another term to expire on March 1, 2015; and WHEREAS, the City desires to access this Contract and purchase services for fuel management system upgrades as described herein, which are available under the existing terms and conditions of the Contract. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: Page 11 of 7 City of Palm Beach Gardens Agreement No. A2014-03OFT Fuel Management System Upgrades ARTICLE 1. DESCRIPTION OF GOODS AND/OR SCOPE OF SERVICES The Contractor shall provide upgrades to the City's fuel management system as described and identified in the Contractor's Proposal, which is attached hereto and incorporated herein as Exhibit "C". ARTICLE 2. PAYMENT TERMS The City will pay the Contractor upon completion of the Work, and the receipt and acceptance of the goods or services by a duly authorized representative of the City. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice ARTICLE 3. TERM OF AGREEMENT The term of this Agreement shall be from the effective date until the work has been completed and accepted by the City, inclusive of any warranty periods. ARTICLE 4. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 5. INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Contractor's performance under this Agreement, the Contractor hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever. ARTICLE 6. INSURANCE The Contractor shall not commence any performance pursuant to the terms of this Agreement until certification or proof of insurance has been received and approved by the City's Risk Management Coordinator or designee. Page 12 of 7 City of Palm Beach Gardens Agreement No. A2014-03OFT Fuel management System Upgrades The required insurance coverage is to be issued by an insurance company authorized, licensed, and registered to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of A.M. Best's Insurance Guide. This insurance shall be documented in certificates of insurance which provide that the City of Palm Beach Gardens shall be notified at least thirty (30) days in advance of cancellation, non -renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the Contractor's obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Palm Beach Gardens. The Contractor must submit a current Certificate of Insurance, naming the City of Palm Beach Gardens as an additional insured and list as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration. The Contractor shall provide insurance coverage as follows: WORKERS' COMPENSATION The Contractor shall carry Workers' Compensation Insurance to apply to all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable Federal laws. The City reserves the right not to accept exemptions to the Workers' Compensation requirements of this solicitation. COMPREHENSIVE GENERAL LIABILITY The Contractor shall carry Comprehensive General Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00) and include Products/Completion Liability of One Million Dollars ($1,000,000). Such certificate shall list the City as an additional insured. NOTE: If Comprehensive General Liability limits are less than One Million Dollars ($1,000,000.00), the sum of Comprehensive General Liability limits and Excess Liability limits must equal no less than One Million Dollars ($1,000,000.00). iii. AUTOMOBILE LIABILITY The Contractor shall carry Automobile Liability Insurance to include owned, non -owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00) each occurrence. ARTICLE 7. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: Page 3of7 City of Palm Beach Gardens Agreement No. A2014-03OFT Fuel Management System Upgrades As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre .pb_, flq com As to the Contractor: Glasgow Equipment Service, Inc. 1750 Hill Avenue West Palm Beach, Florida 33419 Attn: Jason A. De Gaglia, Sr. Email: iason(cDalasaoweauigment.com Mailing Address: PO Box 10087 Riviera Beach, Florida 33419-0087 b. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. d. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. e. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. f. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. Page 14 of 7 City of Palm Beach Gardens Agreement No. A2014-03OFT Fuel management System Upgrades g. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. h. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. i. Attorney's Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, each party to this Agreement shall be responsible for its own attorney's fees and costs, including appellate fees and costs. j. Equal Opportunity. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age be discriminated against in the performance of this Agreement. ARTICLE 8. COMPENSATION The estimated expenditure under this Agreement shall not exceed One Hundred Thousand Dollars ($100,000.00) for the work described in this Agreement. Notwithstanding the estimated expenditure, the City does not guarantee to the Contractor that this entire amount will be committed to this project. ARTICLE 9. OTHER FORMS OR DOCUMENTS If the City is required by the Contractor to complete and execute any other forms or documents in relation to this Agreement, the terms, conditions, and requirements in this Agreement shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Contractor's forms or documents. ARTICLE 9. OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed City programs, contracts, transactions, accounts, and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all City agreements. Page 5 of 7 City of Palm Beach Gardens Agreement No. A2014-03OFT Fuel management System Upgrades ARTICLE 10. PUBLIC RECORDS Chapter 119, Florida Statutes, the Public Records Law, requires that municipal records shall at all times be available to the public for inspection. Certain exemptions to public disclosure are statutorily provided for in Section 119.07, Florida Statutes. The Contractor shall be cognizant of any exemptions that are applicable to the services to be performed under this Agreement. (The remainder of this page intentionally left blank) Page 6 of 7 City of Palm Beach Gardens Agreement No. A2014-030FT Fuel Management System Upgrades IN WITNESS WHEREOF, the parties have executed this Agreement on the date hereinabove first written. ATTEST: in Patricia Snider, CMC, City Clerk APPROVED A TO FORM LEGAt-Stl QIJENCY / R. Max XofirrAn, City Attorney CITY OF PALM BEACH GARDENS, FLORIDA IN Robert G. Premuroso, Mayor GLASGOW EQUIPMENT S RVIC INC. By: Peter H. Ward, President G:\attorney_share\AGREEMENTS\Glasgow Equipment Service-A2014-030FT Fuel Mgmt System Upgrades.docx Page 17 of 7 City of Palm Beach Gardens Agreement No. A2014-03OFT Fuel Management System Upgrades EXHIBIT "A" Facilities Development do Operations FacillNes Services 2633 Vista Parkway West Palm Beach, FL 33411-5607 TELEPHONE: (561) 233-2060 FAX: (561) 233-2052 MnM. gov.com ■ Palm Beach County Board of County Commissioners Steven L Abrams, Mayor Priscilla A. Taylor, Vice Mayor Hal R. Valeche Paulette Burdick Mary Lou Berger Shelley Vans Jess R. Santamaria County Administrator Robert Weisman, P.E. "An "%P Opportunity Affirmative Action &Woycr" July 1, 2013 Glasgow Equipment Service, Inc. Attn.: Mr. Jason DeGaglia P.O. Box 10087 Riviera Beach, Florida 33419 RE: Notice to Proceed for Annual Contract — Storage Tanks Dear Mr. DeGaglia: Enclosed is a fully -executed copy of the Annual Storage Tank Contract between Palm Beach County and Glasgow Equipment Service, Inc. The contract was approved and executed by Palm Beach County extending the term of the original contract through July 15, 2014. Specifically, the contract states that Glasgow Equipment Service, Inc. will continue to act as an Annual Storage Tank Contractor for the duration of the contract, or, until the total dollar value of work authorizations issued in the term totals $199,999.00, whichever comes first. We look forward to working with Glasgow Equipment Service, Inc. Sincerely, Cheryl Binnall Contract Evaluator, Facilities Services c: Chauncey Taylor, II, Director, Facilities Services Joan M. Thurman, Facilities Services Larry Schaner, FDO Fiscal Allen Gray, OSBA Angelo DlPierro, Fixed Assets Finance Department Contract Development & ControVOFMB Project File CONTRACT THIS CONTRACT, made and entered for the period from July 16, 2013 to July 15, 2014, between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and Glasgow Equipment Services, Inc., hereinafter referred to as the "CONTRACTOR". WITNESSETH: That the said Contractor having been awarded the contract for the: Annual Contract — Storage Tanks Project # 11302.00 in accordance with the Contractor's Agreement with The School Board of Palm Beach Countv, dated 07/16/2012 and numbered 09C-018& the terms of which are hereby incorporated by reference and for and in consideration of the promises and ofthe covenants and agreements, and of the payments herein specified, to be made and performed by the Contractor and the County, the Contractor hereby covenants and agrees to and with the County to undertake and execute all of the said named work, in a good, substantial and workmanlike manner, and to furnish and pay for all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to fully complete all work in accordance with all requirements of the Contract Documents and in accordance with all applicable codes and governing regulations, within the time frame specified in this Contract. All references to The School Board of Palm Beach County shall be construed as references to Palm Beach County. The maximum value of all Work Orders issued under this contract, consistent with Section 10.0 SCOPE OF SERVICES in the Request for Proposal, is not to exceed the sum of$199,999.00. The prices named in the Work Orders are for the completed work and all expense, direct or indirect, connected with the proper execution of the work and of maintaining the same until it is accepted by the Board of County Commissioners. It is understood that the Contractor holds and will maintain current appropriate registration, certification, and/or license for the purpose of performing the specified work pursuant to this Contract. The time limit for the Substantial 05/09/2013 1 11' it a Completion of each Work Order issued under this contract shall be the date that is established and stated in the Notice to Proceed. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida, has made and executed this Contract on behalf of the said County and caused the seal of the said County to be affixed hereto, and the Contractor has hereunto set his hand and seal the day and year written. The Contractor represents that it is authorized to execute this contract on behalf of itself and its Surety. Witness Witness: Pe—- 44. Printed Name APPROVED AS TO FORM AND LEGAL SUFFICENCY BOARD OF COUNTY COMMISSIONERS, 6 _ 0, LLO Wo I Audrey Wolf, Director Facilities Development & Operations Dept. Glasgow Equipment Services, Inc. Title r (Corporate Seal) a 05/09/2013 2 1 P a g e City of Palm Beach Gardens Agreement No. A2014-03OFT Fuel Management System Upgrades EXHIBIT "B" 22 May 2009 RFP Number: 09C-018K VAOOL D to Uj "k PETROLEUM, TANKS AND ENVIRONMENTAL SERVICES GLASGOW EQUIPMENT SERVICE, INC. PHONE (800) 329-8265 o FAN. (1561) 842-51-12 School District of Palm Beach County Fl Bid 09C-018K TABLE OF CONTENTS 1. LETTER OF TRANSMITTAL 2. EXPERIENCE AND QUALIFICATIONS OF GLASGOW EQUIPMENT SERVICE, INC. 3. QUALIFICATIONS OF STAFF 4. QUALITY OF SITE SAFETY PLAN 5. FEES/ MISCELLANEOUS CHARGES 6. INSURANCE 7. OWNERSHIP DISCLOSURE AFFADAVIT z May 22, ?131.i9 2 12:35 PM E 0 7 3ic15,c,s ' t-f . ;A3 School District of Pain Beach County FI Sic 09C-018K 1. LETTER OF TRANSMITTAL The names of persons authorized to make representations for Glasgow Equipment Service are as follows: Peter H. Ward, President 1750 Hill Avenue, West Palm Beach, FL 33407 PH 561 842 7236 VhwardCRlaS90wegUipment.com Louis F. D'Antonio, Vice President 1750 Hill Avenue, West Palm Beach, FL 33407 PH 561 842 7236 loci v(-Ylasgoweguil)in.ent.cotii Mark Spiegel, Service Manager 1750 Hill Avenue, West Palm Beach, FL 33407 PH 561 842 7236 inarlc(Mglasgoweg u ipineiit.coin 3 INAa;: 22. 2th;5 t-1'.�,+iIrwl El,T IJiC8yiIC LUC: p 244 School District of Palm Beach Countv Fl Bid 09G018K EMERGENCY PROCEDURES The following standard emergency procedures will be used by onsite personnel. The project manager shall be notified of any onsite emergencies and be responsible for ensuring that the appropriate procedures are followed. Perform the foilowine in the event of fire: Upon notification of a fire or an explosion onsite, the designated emergency signal of the plant or location shall be employed. The department shall be alerted and all personnel moved to a safe distance from the involved area. Perform the following in the event of a medical emergency: Upon notification of an injury the project manager will assess the nature of the injury. If the cause of injury or the loss of the injured person does not affect the performance and safety of site personnel operations may continue while initiating the appropriate first aid procedures. If the injury increases risk to others the project manager will suspend work and will assess additional options. Personal Protective Equipment Failure: If any site worker experiences a failure or alternation of protective equipment that affects the level of protection, that person and his/her buddy shall immediately leave the exclusion zone. Reentry shall not b e permitted until the equipment has been repaired or replaced. Other Equipment Failure: If any equipment onsite fails to operate properly the project manager shall be notified. He will determine the effect of this failure on continuing operations on site. If the failure affects the safety of personnel or prevents completion of work tasks all personnel shall leave the exclusion zone until the situation is evaluated and appropriate actions taken. Hazard Communication: In accordance with 29 CFR 1910.1200 all site workers working with hazardous materials are provided with adequate information regarding their dangers and precautions. Containers of hazardous materials must be properly labeled and MSDS's be kept onsite. Workers shall receive training on the information on the MSDS's as part of the daily safety meetings. 17 May ?2. 2'(3 =9 52:3:- PM EDT l3kisync. LLC. p [$S School District of Palm Beach County f l Bid 09%-01BK 5. FEES & MISCELLANEOUS CHARGES A. BASE PRICES: PROFESSIONAL CONSULTING SERVICES • Administrative Labor $ 78.00 per hour • Professional Engineer $ 85.00 per hour • Environmental Engineer $ 75.00 per hour • Permit Expeditor $ 65.00 per hour • Draftsman $ 55.00 per hour TECHNICAL SERVICES • Computer -based equipment Technician (POS Technician) $ 90.00 per hour • Dispenser Technician Primary $ 65.00 per hour • Dispenser Technician Apprentice $ 56.00 per hour • Technical Phone Support $ 50.00 per'/ hour • Laptop computer fee $ 50.00 per call • Vehicle mounted crane $ 75.00 per call • 50 Gallon Prover (fuel test can) $ 50.00 per call • Test Leak Detector $ 95.00 per Leak Detector • Re -certification of Tank Monitor $ 85.00 per Sensor / Tank CONSTRUCTION SERVICES • Jobsite Superintendent $ 85.00 per hour • pipe -Fitter: Foreman $ 75.00 per hour • Pipe -Fitter: Mechanic $ 65.00 per hour • Pipe -Fitter: Apprentice $ 60.00 per hour • Laborer $ 56.00 per hour • Helper $ 52.00 per hour RENTAL EQUIPMENT RATES: 1-DAY MINIMUM • Air Compressor with Breaker $ 300.00 per day • Concrete Saw with Blades $ 150.00 per day • Welder $ 100.00 per day • Compactor $ 150.00 per day MACHINERY WITH OPERA TOR (PLUS MOBILIZATION) • Large Track Backhoe with Operator $ 225.00 per hour • Small Backhoe with Operator $ 175.00 per hour • Bobcat with Operator $ 75.00 per hour • Dump Truck with Operator $ 75.00 per hour • Flat Bed with Lift $ 120.00 per hour • Forklift with Operator $ 125.00 per day Office Hours: 8:00 AM to 5:00 PM, Five (5) days a week Overtime at 1 '/2 times the rate (applies 5:00 PM - 7:30 AM and Saturdays) Holidays and Sundays are billed at double the normal rate. 18 May 22, 2W9 2,12:35 PM F:DT BRISynn Lit:. p 25 School District of Palm Beach County FI Bic' 09C•013K B. SERVICES TANK SLURRY SEALING WITH CONCRETE OVA RENTAL WITH TECHNICIAN TANK TIGHTNESS TESTING LINE TIGHTNESS TESTING VIRGIN FUEL TRANSFER USED OIL DISPOSAL FUEL/WATER/OIL MIXED DISPOSAL SLUDGE DISPOSAL —HAZARDOUS SLUDGE DISPOSAL -NON -HAZARDOUS —MISCELLANEOUS CHARGES OVERTIME: DOWNTIME: MOBILIZATION: EMERGENCY RESPONSE CHARGES: HOLIDAYS and WEEKEND CHARGES: $ 3.25/GAL $ 75.00/HR $ 350.00/TANK $ 175.00/LINE $ 3.00/GAL $ N/C $ 2.00/GAL $ 550.00155 GAL DRUM $ 550.00/55 GAL DRUM 1 '/z times the rate from 1700 — 0730 hours The published rate for labor and equipment The published rate for labor and equipment The published rate for labor and equipment 2 times the published rate on Sundays and Holidays Contractor Holidays: Christmas, New Years, Thanksgiving (incl. Friday after), Memorial Day, Independence Day, Labor Day. SUBCONTRACTOR MARKUP: 10% OH, 5% Profit MATERIALS MARKUP: 10% OH, 10% Profit 19 Way :?..,'Vji .:'1r.•',;':-P-4it.U7 Ei;i Ci;' LLr 1} 260 School District of Palm Beach County FI Bid 43C-018K Supplier: Glasgow Equipment Service, Inc. SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT REQUEST FOR PROPOSAL (RFP) REQUIRED RESPONSE FORM C�i~Z�i3I1;.� DATE: April 24, 2009 TITLE: RFP FOR PETROLEUM, TANKS AND ENVIRONMENTAL SERVICES This proposal must be submitted to BidSync for the School District of Palm Beach County, Purchasing Department, no later than 2:00 PM on May 22, 2009. Proposals are due and will be opened at this time. Anti -Collusion Statement / Public Domain I, the undersigned proposer have not divulged, discussed, or compared this proposal with any other proposer and have not colluded with any other proposer In the preparation of this proposal In order to gain an unfair advantage In the award of this proposal. I acknowledge that all Information contained herein is part of the public domain as defined In the Public Records Act, Chapter 119, F.S. Proposal Certification 1 hereby certify that I am submitting the following information as my company's proposal and understand that by virtue of executing and returning with this proposal this REQUIRED RESPONSE FORM, I further certify full, complete and unconditional acceptance of the contents of this Request for Proposal, and all appendices and the contents of any Addendum released hereto. Proposal must be signed by an officer or employee having authority to legally bind the proposer. PROPOSER (firm name): Glasgow Equipment Service, Inc. STREET ADDRESS: 1750 Hill Avenue CITY & STATE: West Palm Beach, FL 33407 ELECTRONIC SIGNATURE OF AUTHORIZED REPRESENTATIVE: Peter H. Ward TITLE: President DATE: 5/20/2009 CONTACT PERSON: Peter H. Ward CONTACT PERSON'S ADDRESS: PO Box 10087 Riviera Beach, FL 33419 TELEPHONE: FAX: TOLL 561 8427236 561 8427402 FREE: 800 329 8265 E-MAIL ADDRESS: INTERNET phward@glasgowequipment.com URL: www.glasgowequipment.com PROPOSER TAXPAYER IDENTIFICATION NUMBER: 59-1054371 May 22, 2Diig 2,12:35 FIM E01 SidSync LL . Scho l District of Palm Beach County FI Bid 09C-018K Supplier: Glasgow Equipment Service, Inc. THE SCHOOL DISTRICT SHARON SWAN ARTHUR C. JOHNSOR Ph.D. OF PALM BEACH COUNTY, FLORIDA DIRECTOR SUPERINTENDENT OF SCHOOLS Purchasing Department 3300 Forest HIII Boulevard, SuiteA-323 West Palm Beach, FL 334065813 Phony (581)434-6216 Fax:(561) 963.3823 y".Dalmbeachkf 2_ u, lbld4 April 30, 2009 REQUEST FOR PROPOSAL NO.: 09C-018K TITLE: REQUEST FOR PROPOSAL FOR PETROLEUM, TANKS & ENVIRONMENTAL SERVICES RETURN DATE: MAY 22, 2009, 2:00 P.M. EST This addendum modes the above listed RFP as follows. - Section 24.4 Now Reads: The awarded proposers shall provide complete copies of any insurance policy for required coverage within seven days of the date of request by the Purchasing Department but in any respect at least 30 days prior to the commencement of any term. For all contracts with an amount of $500,000 or more the actual INSURANCE POLICY must be Included with the Certificate of Insurance. A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida Statutes, Workers' Compensation and Employees' Liability Insurance with minimum statutory limits. B. COMMERCIAL GENERAL LIABILITY: Awarded proposers 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. C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposers shall procure and maintain, for the life of the contract, 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. rvlov ?2, "009 12:3e. PM F-b'r P 265 School Disirict of Palm Beach County FI Sir! 09C-018K The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" form policy. The insurance must be an occurrence form policy. In the event the awarded proposer does not own any vehicles, the District will accept hired and non -owned coverage in the amounts listed above. In addition, the District will require an affidavit signed by the awarded proposer indicating the following: (Company Name) does not own any vehicles. in the event the company acquires any vehicles throughout the term of the contract, (Company Name) agrees to purchase "Any Auto" coverage as of the date of acquisition. Section 24.4 Change to Read: The awarded proposers shall provide complete copies of any insurance policy for required coverage within seven days of the date of request by the Purchasing Department but in any respect at least 30 days prior to the commencement of any term. For all contracts with an amount of $500,000 or more the actual INSURANCE POLICY must be included with the Certificate of Insurance. A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida Statutes, Workers' Compensation and Employees' Liability Insurance with minimum statutory limits. B. COMMERCIAL GENERAL LIABILITY: Awarded proposers 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. C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposers shall procure and maintain, for the life of the contract, 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 $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" form policy. The insurance must be an occurrence form policy. In the event the awarded proposer does not own any vehicles, the District will accept hired and non -owned coverage in the amounts listed above. In addition, the District will require an affidavit signed by the awarded proposer indicating the following: (Company Name) does not own any vehicles. In the event the company acquires any vehicles throughout the term of the contract, (Company Name) agrees to purchase "Any Auto" coverage as of the date of r.�ay_'2,2rX�-'?,12..1!�I'1MCI:i Bici.'•,ync LLC: 26 School DisLicl of Paim Beach Count.., F1 Bid 09C-018K acquisition. The awarded proposer must comply with the minimum provisions of Florida State Statute 324 regarding Motor Vehicle Insurance Requirements, D. The awarded proposer must have Contractors Pollution Liability insurance with minimum policy limits of $1,000,000. THIS SHOULD BE AN OCCURRENCE FORM POLICY AND THE SCHOOL BOARD OF PALM BEACH COUNTY SHOULD BE NAMED AS AN ADDITIONAL INSURED. Please acknowledge receipt of this addendum with your signature and return with your RFP. Failure to return will result in rejection of your RFP. BIDDER: Glasgow Equipment Service, Inc. BY: Peter H Ward TITLE: President DATE: 05/04/09 Jan Butts, Purchasing Agent Genell McMann, Purchasing Manager' May 22, 2DO49 2:12:3` PM EDT' Bi!::--yiic 11(: e 26 School District of Palm Beach County FI Bid 09C-44$K Supplier: Glasgow Equipment Service, Inc. SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT 3300 Forest Hill Boulevard, Suite A-323 West Palm Beach, FL 33406-5813 (561) 434-8216 - Main Phone (561) 963-3823 - Fax May 15, 2009 ADDENDUM NO.: 3 REQUEST FOR PROPOSAL NO.: 09C-018K TITLE: REQUEST FOR PROPOSAL FOR PETROLEUM, TANKS & ENVIRONMENTAL SERVICES RETURN DATE: MAY 22, 2009, 2:00 P.M. EST This addendum modifies the above listed RFP as follows: Now Reads: Conditions and Specifications, Section 18.0 18.0—PAYMENT AND PERFORMANCE BOND: 18.1 The successful bidder shall furnish a surety bond as security for faithful performance of the order(s) awarded as a result of this bid, and for the payment of all persons performing labor, and on their furnishing materials in connection therewith. Surety of such bond shall be in an amount equal to the bid. The Attomey-in-Fact who signs the bond must file with the bond a certificate and effective dated copy of power of attorney. Bonding company must appear on U.S. Treasury list. Performance and payment bond must be forwarded to the Director of Purchasing within 15 days of notification of award of this contract. If this bond is not received said bid will be subject to cancellation. 18.2 To ensure maximum participation, all M/WBEs and small firms in accordance with F.S. 255.05 will be allowed a bond waiver on construction projects up to $200,000. Prequalifications for contractors on School District contracts and services will be required at $200,000 instead of $50,000. 18.3 F.S. 288.703 — "Small business" means an independently owned and operated business concern which employs 25 or fewer permanent full-time employees, and which has a net worth of not more than $1 million, net worth requirement shall include both personal and business investments. Change to Read: Conditions and Specifications, Section 18.0 DELETE SECTION 18.0 IN ITS ENTIRITY Please acknowledge receipt of this addendum with your signature and return with your RFP. Failure to return will result in rejection of your RFP. By virtue of signing the Request for Proposal, bidder agrees to this addendum. BIDDER: Glasgow Equipment Service, Inc. rhav '2. hll"Q P„:i C JT School District of Palm beach County Fi Bid OSC-018K BY: Peter H. Ward TITLE: President DATE: 5/20/2009 Jan Butts, Purchasing Agent Genell McMann, Purchasing Director may*:!,z, 2,coq i'1"r..:4i: PF<? EDT £iCISY1.1c: LUC 11 r School District of Palm Beach Count Ft Bid 090-018K Supplier: Glasgow Equipment Service, Inc. 09C-018K QUESTIONNAIRE/COST OF SERVICES UNDER THE TERMS OF THIS CONTRACT, MILEAGE COSTS WILL NOT BE ALLOWED AND CHARGES FOR TRAVEL TIME WILL NOT BE ALLOWED. THIS INFORMATION MUST BE INCLUDED WITH YOUR PROPOSAL IN ORDER TO BE GIVEN CONSIDERATION. 1. QUALIFICATIONS OF THE FIRM AND STAFF FORMS: A. Name, address, and telephone number of principals of the proposing firm. Peter H. Ward 1750 Hill Avenue West Palm Beach, FL 33407 (561) 842-7236 (Office) B. Number of years this firm has been in a petroleum -related business in the State of Florida: 57 years C. List five clients for whom petroleum -related services have been provided since January 1, 1998. Provide a brief description of the services, scope and final costs of each project. Include a contact person and telephone number for each of the clients. The School District may contact these references as well as others. Client Name: Palm Beach County Fleet Management Contact Person: Michael Cantanzaro Telephone Number: 561 310-8439 Brief Description of Project: Install (1) 12,000 gallon aboveground doublewall Jet -A tank, relocate (1) existing 12,000 gallon aboveground doublewall Jet -A tank, 2 new Jet -A fueling cabinets and 2 new canopies. Client Name: Palm Beach County Water Utilities Department Contact Person: Michael Gleman, PE Telephone Number; 561 493-6144 Brief Description of Project: Install (2) 12,000 gallon underground doublewall diesel fuel tanks and underground doublewall fiberglass product piping to 1 day tank in generator room. Client Name: City of Palm Beach Gardens Public Works Contact Person: Michael Morrow Telephone Number: 561 804-7000 Brief Description of Remove (1) existing underground singlewall fuel tank and Project: piping. Install (1) new 10,000 gallon underground doublewall fuel tank and underground doublewall fiberglass product piping to existing dispenser. Client Name: City of Coral Springs Public Works Complex Contact Person: Tamara Micensk Telephone Number: 954 346-1346 Brief Description of Remove (3) 10,000 gallon underground doublewall fuel tanks, Project: (3) dispensers and underground singlewall product piping. Install (2) 10,000 gallon underground doublewall fuel tanks, (3) new dispensers and underground doublewall fiberglass roduct ^ininn. Client Name: City of Sebastian Contact Person: Joe Griffin Brief Description of Install (1) 12,000 gallon aboveground doublewall Av-gas tank, May ^_2, 2it C- 1.-12:3e Pivi EDT E iii::', rii .... _ P �?4 School District of Palm Beach County FI Bid 09G-01SK Project: j undergrouind doublewall product piping and (1) Av-gas fueling cabinet. D. Attach a copy of your Pollutant Specialty Contractor's License to this document. E. Does your firm hold an EPA Generator ID number? F Yes F No If yes, list your EPA Generator ID number. . F. Has your firm been party in any legal action alleging improper tank removal, installation, selection, repair or other petroleum related service in the past five years? Yes F No F If yes, briefly describe the situation and outcome on an attached sheet of paper. Include dates, names of other parties/agencies involved and contact persons with phone numbers. G. How many employees does your firm employ in Florida? 32 Qualifications and Experience of the staff. List names, addresses, years of experience (petroleum related) and qualifications for project managers, lead workers and service technicians who will be assigned to School District projects. Resumes and certificates must be attached. 2. FIRM'S_L_OCATION AND RESPONSE TIME. FORM: Local Address: 1750 Hill Avenue City West Palm Beach State FL Zip Code 33407 Days & Hours of Normal Operation: 0700 - 1700 hours, Mon -Fri Is staff available on emergencies? Yes F No F Is firm available to respond in 24 hours? Yes F No F 3. CAPABILITIES OF FIRM FORM: A. Indicate with an "X" which of the following tasks your firm is qualified to perform and could offer to the District. If a subcontractor will be used to complete the task, indicate with an "X" in the subcontractor column. Give subcontracting firm name, address, and phone on an attached sheet of paper. Specify the service provided by the subcontractor. Preaaration Your Firm Subcontractor Architectural Site Design I F Engineering Site Design F Specifications F t4a,' "E, ""[:) r ['t't:34: Pit EDT SielSyne LLCl p 271 Schaff District of Palm Beach Counfl, FI Bid 09C-015K Purchase,Installation Reppir Petroleum Tanks/Piping r r'- Overfill r r Overspill r f^ Secondary Containment r r Vent System Vapor Recovery Systems Inventory Keeping Systems r (— Leak Detection Systems (— Pumps r r Dispensing Systems Cathodic Protection r r Oil/Water Separators r Hydraulic Lift Systems r r Emergency Generators jJ r Boiler Systems r Removal and DLsposal Tank/Piping Fuel Free Product l r r Oily Waste Water f r Non -Hazardous Waste Sludge (" r Hazardous Waste Sludge f F Petroleum Contaminated Soils (� r e tin Tank and Line Tightness 1✓ Cathodic Protection r r OVA Soils Screening r' (r OVA/Air Quality F F Vapor Explosive Limits r (— Environmental Sample Collection F (✓ Laboratory Analyses r (✓ Groundwater r 1`70 Sludge (' r State II Vapor Rggpvery Decay Tests >r Blockage Tests P: r' Miscell4neous Site Demolition and/or Restoration W (' Construction of Secondary Containment Slurry Sealing Tank r r Drumming of Hazardous Waste Sludge 1 f Stockpiling of Soils IV- r— Lightning Protection Systems 17 r Tank Cleaning r 24-hour Emergency Spill Response F,_ f May 22, 2t_,4) 2:12:3 ; FIM t LIT t3i11!S7ric LL.C. is <'a! School District of Palm Beach County FI Bid 09C-018K Calibration of Dispensing Systems (r r- Calibration of Inventory Systems r r Sheetpiling (Z-Spline) r F De -Watering Systems F Hydraulic Vehicular Lifts r r Fuel Delivery. Transfer t jr jV B. Is your firm and/or staff certified to repair/maintain or provide warranty service for the following petroleum systems: 1. Veeder — Root Leak Detection Systems (✓ f 2. Petro -Vend Inventory Control Systems r 3. Gilbarco Fuel Dispensers r r 4. Healey Stage II Vapor Assist Systems F. r 5. Red Jacket and FE Petro Submersible Pumps r r 6. Convault Storage Tank Systems r F 7. Highland Oil -Water Separators F7 r 8. Modern Welding Tank Systems F ( Please list the number of Service Technicians currently employed by your firm. 15 4. SITE SAFETY PLAN - Include a copy of your firm's generic Health and Safety Plan. 5. FEES: (Price Proposal) The following fees will remain fixed for the term of the contract. A. Base Price: On a separate paper, following the format below, list employees (by position) required to complete those tasks Indicated and their hourly compensation. You should include subcontractors where necessary. Examples: Job Title / Duties - $ Billing Rate per hour Job Title / Duties - $ Billing Rate per hour B. Services Tank Slurry Sealing with concrete $ /gallon OVA Rental with technician $ /hour Tank Tightness Testing $ /Petroleum tank Line Tightness Testing $ Aine Virgin Fuel Transfer $ /gallon Used Oil Disposal $ /gallon Fuel/Water/Oil Mixture Disposal $ /gallon Sludge Disposal - Hazardous Gasoline Sludge $ /55 ga). drum May 22, 2D64j 2 12:35 PNI ED'i 6;d'.yr-: i-LC p 273 School District of Palm Beach County FI Bid 09C-018K Diesel Sludge — Non -Hazardous $ /55 gal. drum (Sludge disposal to Include drumming, analysis, transportation and disposal fees.) C. Miscellaneous Charges; Briefly define additional charges as related to the following. Give their amounts and explain when and how they are assessed. *Mileage and travel time will not be billable under this contract*. (Attach a separate page if necessary.) Overtime: Downtime: Mobilization Charges: Emergency Response Charges: Holidays and Weekend Charges: (Provide a list of Contractor Holidays) Subcontractor or materials mark up: V.. ., l0ay "), 20092-1'[:311; FIM EOT Siti'i,pnc t.LC N �" School District of Palm Beach County FI Bid 090-018K Supplier: Glasgow Equipment Service, Inc. School District of Palm Beach County Minority Women Business Enterprise (M/WBE) Subcontractor Participation Summary * Check here if N/A: 1— . Form must be submitted to bidsync.com. BID/RFP or Project Name petroleum tanks and environmental services BID/RFP or Project Number 09C-018K Total Bid (Base and Alternatives) TBD TO DIRECTOR OF PURCHASING DEPARTMENT The M/WBE Subcontractor firms listed below have agreed to participate in this BID/RFP or project for the Contract (Trade) Items and the dollar amounts shown. Letter(s) on Intent (PBSD 1525) for each Subcontractor Is (are) attached. Those Subcontractors represented to me as MNVBE Certified by the M/WBE Coordinator are noted. Also noted are those Subcontractors not presently certified but representing themselves as M/WBE qualified for certification. For those Subcontractors, an identification Statement is attached to their Letter of Intent (PBSD 1525). CONTRACTOR CERTIFIED CONTRACT(TRADES)ITEMS AMOUNT YES NO Lui Technical Services, Inc. I— F electrical contractor tbd Envirospec, Inc 11-1 r environmental services tbd Almazon Bros. Trucking P T_ heavy hauling tbd Discovery Tank Testing r r- tank and line testing tbd AEC Services, Inc. r P engineering services tbd So. Transport and Equipment r r- heavu hauling tbd r r r lr r. r. r r r r r r Total M/WBE Subcontractor Participation 1 $ tbd Percentage of Total Bid (Base & Alternates) 15 % Contracting Firm Name Glasgow Equipment Service, Inc Name and Position (type or print) Peter H. Ward, President Peter H. Ward &2212009 SIGNATURE DATE P6S01526(RE.1011812001) ORIGINAL-PurchasingDsparlmant 1, _2i i 09 ,:'1 Z.::,t> i't.r E:f} City of Palm Beach Gardens Agreement No. A2014-03OFT Fuel Management System Upgrades EXHIBIT "C" QUOTATION & CONTRACT Installation or Service GLASGOW EQUIPMENT SERVICE, INC. P.O. BOX 10087 RIVIERA BEACH, FLORIDA 33419-0087 PHONE (561) 842-7236 * FAX (561) 842-7402 CITY OF PALM BEACH GARDENS 3704 BURNS ROAD. PALM BEACH GARDENS, FL. 33410 ATTN.: MIKE MORROW QUOTATION No. # P3873 DATE: 12/16/2013 PAGE_1_OF_4_ RE: FUELING FACILITIES THIS IS A PROPOSAL TO FURNISH AND INSTALL NEW VEEDER-ROOT TLS 450 TANK MONITOR CONSOLES AT YOUR FUELING FACILITIES SCOPE OF WORK • MOBILIZE TO SITE / LOCK AND TAG OUT POWER SOURCE • REMOVE EXISTING TLS 350 CONSOLE / SHIP BACK TO GILBARCO FOR TRADE-IN CREDIT • SUPPLY / INSTALL ONE (1) NEW VEEDER-ROOT TLS 450 CONSOLE wBUILT-IN PRINTER o TOUCH SCREEN MONITOR 0 3-YEARS OF DATA STORAGE o INTERNET READY: EMAIL & ALARM NOTIFICATIONS, REMOTELY POLLING • CONNECT TO EXISTING PROBES AND SENSORS / PROGRAM CONSOLE • COMPLETE ALL FINAL WIRE TERMINATIONS / TEST FOR PROPER OPERATION • PROVIDE 1-HOUR TRAINING TO USER -STAFF COST BREAKDOWN FOR PUBLIC WORKS VEEDER-ROOT TLS 450 CONSOLE $ 6,176.00 LABOR (2 TECHNICIANS x $ 65.00 @ 8 HRS) $1,040.00 SUB -TOTAL $ 7,216.00 LESS: TRADE-IN CREDIT ($ 2,000.00) TOTAL BID PRICE $ 5,216.00 CARD READER INSTALL'S • MOBILIZE TO SITE / LOCK AND TAG OUT POWER SOURCE • SUPPLY / INSTALL (8) PV 100 PETRO VEND FUEL CONTROL SYSTEMS AT THE (5) FIRE STATIONS AND (1) GOLF COURSE. • SUPPLY / INSTALL (1) K800 HYBRID FIT SYSTEMS CONSOLE AT THE PUBLIC WORKS FACILITY. • SUPPLY / INSTALL (1) FSC3000 SITE CONTROLLER AT THE PUBLIC WORKS FACILITY.. • SUPPLY / INSTALL ALL PROXIMITY READER FOR K800 AND COPT FIT CONSOLE'S. • SUPPLY PHOENIX SOFTWARE (TO BE INSTALLED BY P.B.C. SCHOOL DISTRICT I.T. DEPARTMENT. EQUIPMENT (1) FSC CONTROLLERS $ 3,586.80 (1) K800 HYBRID FIT $ 2,971.97 (1) PHOENIX SOFTWARE $ 3,953.02 (10) PV100 PETRO VEND FUEL CONTROL SYSTEM $ 39,094.65 (2) 500 FOOT ROLLS OF PETRA NET WIRE $ 1,176.00 $ 50,782.44 QUOTATION & CONTRACT Installation or Service GLASGOW EQUIPMENT SERVICE, INC. P.O. BOX 10087 RIVIERA BEACH, FLORIDA 33419-0087 PHONE (561) 842-7236 * FAX (561) 842-7402 CITY OF PALM BEACH GARDENS 3704 BURNS ROAD. PALM BEACH GARDENS, FL. 33410 ATTN.: MIKE MORROW QUOTATION No. # P3873 DATE: 12/16/2013 PAGE-1—OF-4— RE: FUELING FACILITIES LABOR AND MATERIAL (1) TECH AND (1) HELPER FOR (10) DAYS @ $ 960.00 A DAY $ 9,600.00 MATERIAL (FITTINGS, WIRE CAPS, CONDUIT, ELECTRICAL BOXES) $ 2,356.00 TOTAL $ 11,956.00 FUEL DISPENSER INSTALL • REMOVE (1) EXISTING DISPENSERS AND SET A SIDE FOR OWNER. • FURNISH AND INSTALL (1) NEW GASBOY 9153K MECHANICAL DISPENSERS WITH FULL STAINLESS STEEL PANELS, 10:1 PULSARS, (1) NEW POPPET VALVES FOR DISPENSER. • FURNISH AND INSTALL (1) NEW 10 X'/, HOSE,'/a BREAKAWAY, % SWIVELS AND NOZZLE FOR DISPENSER. • WIRE UP AND PIPE IN NEW DISPENSERS; CHECK FOR LEAKS AND PROPER OPERATION. • PURGE AND CALIBRATE NEW DISPENSER. • (2) GASBOY 9153K STAINLESS STEEL GAS DISPENSERS SINGLE SIDED $ 4,115.02 • (2) MECHANICS @ $65.00 AND HR. FOR 8 HRS. EACH TO INSTALL DISPENSER $ 1,040.00 • (1) MODEL 800-F PULSER $ 225.00 • MATERIAL (PETRO NET WIRE, ELECTRICAL BOXES AND FITTINGS) $ 685.00 TOTAL AMOUNT DUE: $ 6,065.02 • ELECTRICAL WORK FOR ALL THE SITES TOTAL: $ 31,000.00 TOTAL BID PRICE: $ 99,803.46 CONDITIONS & CLARIFICATIONS - NO ENGINEERING OR PERMIT FEES - DELIVERY IS RUNNING 2-3 WEEKS - NO RESPONSIBLE FOR PRE-EXISTING or UNFORESEEN CONDITIONS. - IF NO CONDUITS OR WIRES EXIST AT LOCATIONS THE CITY OF PALM BEACH GARDENS WILL BE RESPONSIBLE FOR PROVIDING THE CONDUITS AND WIRES. - ELECTRICAL BASED ON UTILIZING EXISTING CONDUITS AND WIRES. - CITY OF PALM BEACH GARDENS WILL BE RESPONSIBLE FOR PROVIDING DATA CABLES AND COMMUNICATION TO EACH UNIT. - PRICE IS BASED ON UTILIZING EXISTING VEEDER-ROOT PROBES AND SENSORS - WE DO NOT ACCEPT CREDIT CARD PAYMENTS FOR TRANSACTIONS GREATER THAN $ 2,000.00 - THE OWNER MUST SURRENDER THE EXISTING TLS 350 IN ORDER TO RECEIVE THE CREDIT PAYMENT TERMS: PURCHASE ORDER or SIGNED PROPOSAL. RESPECTFULLY SUBMITTED, JASON DE GAGLIA SR., PROJECT MANAGER / COMMERCIAL ESTIMATOR GLASGOW EQUIPMENT SERVICE ACCEPTANCE: This quotation when accepted by the customer, and countersigned by the authorized representative of GLASGOW EQUIPMENT SERVICE, INC., will constitute a bona fide contract between the parties, subject to all items and conditions on the reverse side of the fuel quotation & contract. It is expressly agreed that there are no promises, agreements, or understanding, oral or written, not specified in this quotation. QUOTATION No. # P3873 DATE: 12/16/2013 QUOTATION & CONTRACT Installation or Service PAGE1_OF_4 GLASGOW EQUIPMENT SERVICE, INC. P.O. BOX 10087 RIVIERA BEACH, FLORIDA 33419-0087 PHONE (561) 842-7236 * FAX (561) 842-7402 CITY OF PALM BEACH GARDENS RE: FUELING FACILITIES 3704 BURNS ROAD. PALM BEACH GARDENS, FL. 33410 ATTN.: MIKE MORROW Al I R. PALM BEACH GARDENS 'A unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStor, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Request for Proposals TITLE: Operation of On -Site Employee Healthcare Clinic DATE ADVERTISED: Not applicable WAS SOLICITATION OPENLY COMPETED? Yes FUNDING ACCOUNT INFORMATION: CONTRACT TERM: Three (3) Years VENDOR(S): Care Here, LLC CONTRACT NO.: RFP2010-002 DEPARTMENT: Human Resources BIDS/PROPOSALS DUE DATE: Not applicable RESPONSES RECEIVED: Not applicable CONTRACT VALUE: Four Hundred and Forty Thousand Dollars ($440,000) OPTIONS TO RENEW: None BACKGROUND: This Agreement is a renewal of an existing contract with Care Here, LLC, for the provision of healthcare services at the City's Employee Healthcare Clinic. The original contract agreement included an option to renew the agreement for an additional three years. Subsequent to review and negotiations between City staff and Care Here, it is recommended that the City exercise the option to renew the contract for an additional three years. Care Here has agreed to hold the program fee cost at the existing rate for the entire three-year term of the renewal. In general, the City's Human Resources staff has been satisfied with the overall aspect of the program and the performance of the vendor. COMMENTS: This renewal Agreement contains several amendments and revisions to the current agreement that requires Care Here to provide the City with certain operational information and management report. The renewal also clarifies the circumstances under which Care Here may request the City to pay additional fees, and responsibility for late invoices. NAME SIGNATURE DATE Department Head Sheryl Stewart tv City AttorneyT D A %9 Purchasing Km! Ra �'d- 1 Other LASERFICHE DATA: Lauren Ferreira Effective Date: 4/3/2014 Expiration Date: 4/24/2017 Append to Existing: Resolution 58, 2010 N ' e ' 1 4/3If2014 APPROVED ❑ NOT APPROVED CITY MANAGER A DES NEE ❑ DEFERRED DATE q94 P-0 PALM BEACH GARDENS 'A unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AMENDMENT NO. 1 TO AGREEMENT BETWEEN CITY OF PALM BEACH GARDENS AND CARE HERE, LLC FOR OPERATION OF ON -SITE EMPLOYEE HEALTHCARE CLINIC AGREEMENT NO. 2010-002 THIS AMENDMENT NO. 1 is made and entered into this day of , 2014 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Care Here, LLC, a Tennessee limited liability company (hereinafter referred to as "CareHere"), whose address is 5141 Virginia Way, Suite 350, Brentwood, Tennessee 37027. WHEREAS, the City executed an Agreement with CareHere on November 4, 2010, through Resolution 58, 2010 to provide physicians or physician extenders (nurse practitioners or physician assistants) and/or medical assistants at the City's on -site employee healthcare clinic to perform certain medical services for the employees, dependents, and retirees of the City in accordance with the City's Request for Proposals Number 2010-002 and CareHere's response thereto; and WHEREAS, the Agreement expires April 24, 2014, and pursuant to Article 3.01, "Term" of the Agreement, the City and CareHere may mutually agree in writing to renew or extend the term of the Agreement; and WHEREAS, pursuant to Article 4.08, "Entire Agreement; Amendment" of the Agreement, the City and CareHere may mutually agree in writing to amend the terms and conditions of the Agreement; and WHEREAS, in accordance with the terms and conditions of the Agreement, the City and the CareHere have mutually agreed to amend and extend the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the City and CareHere agree as follows: Page 1 of 4 City of Palm Beach Gardens Agreement No. RFP2010-002 Amendment No. 1 On -Site Employee Healthcare Clinic A. MODIFICATIONS 1. CareHere shall provide Data Analytic Service to the City relating to health plan statistical data and the impact of the Employee Healthcare Clinic operations. The City will authorize that the required data files be sent from its Third -Party Administrator to CareHere's Florida Operations Center. All set-up costs associated with the provision of this service shall be borne by CareHere. 2. The City will pay to CareHere a monthly pass -through cost for the Data Analytic Service of One Dollar per employee per month ($1.00 PEPM) for each employee covered by these services. 3. CareHere shall provide the following reports to the City at the scheduled times shown below: a. Weekly Report i. Healthcare Clinic Utilization Report Due Date: No later than the Wednesday of the following week. b. Monthly Report i. Healthcare Clinic Monthly Utilization Report ii. Occupational and Medical Services Report Due Date: No later than the 15th day of the following month. c. Annual Report i. Healthcare Clinic Annual Return -On -Investment Report Due Date: No later than June 30 of each year. CareHere hereby acknowledges and agrees that the accuracy and prompt delivery of the reports listed above are critical to the City's ability to effectively and properly manage its human resources and to satisfy the City's obligations to its employees. 4. The City shall have the right, at its sole discretion, to refuse payment of any invoice submitted by CareHere, or any of its subcontractors, if the subject invoice is received one hundred twenty (120) days or more after the date service was provided unless CareHere provides documentation sufficient to demonstrate that the subject invoice was not received by CareHere during the one hundred twenty (120) period referenced hereinabove. Page 12 of 4 City of Palm Beach Gardens Agreement No. RFP2010-002 Amendment No. 1 On -Site Employee Healthcare Clinic 5. CareHere shall provide the City with no less than ninety (90) days' prior written notice of any planned program or process changes to afford the City time to review and make a proper determination whether or not to agree to such changes. B. RENEWAL 1. The City and CareHere mutually agree to renew and extend the Agreement for an additional three (3) years effective April 25, 2014, subject to the terms and conditions of the Agreement, at the current rate of Twenty -Three Dollars per employee per month ($23.00 PEPM). All terms, covenants, and conditions of the Agreement and any addenda, modifications, or amendments thereto shall remain in full force and effect, except to the extent herein amended. (The remainder of this page intentionally left blank) Page 13 of 4 City of Palm Beach Gardens Agreement No. RFP2010-002 Amendment No. 1 On -Site Employee Healthcare Clinic IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to the Agreement on the date hereinabove first written. ATTEST: in Patricia Snider, CMC, City Clerk APPROVED AS TO FC LEGAL SUFFICIENCY in Max/L JM, City Attorney WITNESSES: Byq/Pdlt� Print Name: .r'6-'-\ PrintName: �a�lkl CITY OF PALM BEACH GARDENS, FLORIDA as Mayor CARE HERE, LLC By: Ben Baker, Member G:\attorney_share\AGREEMENTS\CareHere Use of On -Site Healthcare Clinic-RFP2010-002 Amendment No 1-CityAttyRevs.docx Page 14 of 4 PURCHASE AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Invitation to Bid TITLE: Storm Debris Disposal Services DATE ADVERTISED: 1/19/2014 WAS SOLICITATION OPENLY COMPETED? Yes FUNDING ACCOUNT INFORMATION: 001.0900.519.3440 CONTRACT TERM: Five (5) Years CONTRACT NO.: ITB2014-033EM DEPARTMENT: Parks and Public Facilities BIDS/PROPOSALS DUE DATE: 2/14/2014 RESPONSES RECEIVED: Six (6) CONTRACT VALUE: One Hundred Thousand Dollars ($100,000) OPTIONS TO RENEW: Five (5) Years VENDOR(S): DRC EMERGENCY SERVICES, LLC (PRIMARY); GRUBBS EMERGENCY SERVICES, LLC (SECONDARY); AND BERGERON EMERGENCY SERVICES, INC. (SECONDARY) BACKGROUND: This Agreement will replace an expiring contract for the haulage and disposal of storm debris and other related waste. Although the contract is primarily for storm -related events, the City has the option to use the awarded contractors for other related haulage and disposal work. The contract includes FEMA-required terms and conditions so that the City can receive re- imbursement for projects that qualify. The contract value is a nominal amount. Because storm events and emergencies cannot be predicted, the actual amount may vary significantly from the contract value shown above. The City will allocate funding for this contract accordingly, and as needed based on events, in accordance with its emergency purchasing and contracting procedures. COMMENTS: The three (3) vendors recommended for award have many years of experience locally, statewide, nationally, and internationally in handling emergency services. Grubbs and Bergeron offered similar pricing in the aggregate, but the City has the right to award work based on the lowest price per cubic yard for the type of material to be disposed by any of the three (3) vendors. K A01 NAME SIGNATURE DATE Department Head J. E. Doughney III NA LL City Attorney R. Max Lohman Finance Allan Owens Purchasing Km! Ra /j,�- ' A � ? / Other David Reyes" LASERFICHE DATA: Effective Date: 4/3/2014 Expiration Date: 5/30/2019 Append to Existing: Not applicable N . • " 11" 4/3/2014 Ca4PPROVED ❑ N APPROVED CITY MANAGER OR D SIGNE ❑ DEFERRED - 0 /(//'� Z -� 9 DATE At-40 PALM BEACH GARDENS 'A wdgwe plane to tire. team wmk & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR STORM DEBRIS DISPOSAL SERVICES AGREEMENT NO. ITB2014-033EM (A) THIS AGREEMENT is made and entered this day of , 2014 (the effective date), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and DRC Emergency Services, LLC, an Alabama corporation (hereafter referred to as "Contractor"), whose principal address is 740 Museum Drive, Mobile, Alabama 36689. WHEREAS, the City desires to retain the services of the Contractor to provide storm debris disposal services in accordance with the City's Invitation to Bid No. ITB2014-033EM and the Contractor's response thereto, which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. ITB2014- 033EM, all addenda issued thereto, and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. The Contractor is designated as Primary Vendor under this Agreement. ARTICLE 2. SCOPE OF SERVICES The Contractor shall provide all personnel and equipment necessary to perform storm debris disposal and related services, on an as -needed basis, subject to Federal Emergency Management Agency (FEMA) guidelines and regulations as may be appropriate for each project and according to the requirements of the City at the time of such request, according to the terms and conditions of the Invitation to Bid. Page 11 of 4 City of Palm Beach Gardens Agreement No. ITB2014-033EM (A) Storm Debris Disposal Services The City reserves the right, at its sole discretion, to assign work under this Agreement based on the lowest price or rate for the type of material available for haulage and disposal. ARTICLE 3. COMPENSATION The City shall pay the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein as Exhibit "A", according to the terms and specifications of the Invitation to Bid. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre _pbgfl.com As to the Contractor: DRC Emergency Services, LLC 740 Museum Drive Mobile, Alabama 36689 Attn: Bryan S. Fike Email: bfike(D_dreusa.com b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. Page 12 of 4 City of Palm Beach Gardens Agreement No. ITB2014-033EM (A) Storm Debris Disposal Services ARTICLE 5. TERM The term of this Agreement shall be from the effective date until May 31, 2019, unless terminated earlier as provided for in Article 6. ARTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing thirty (30) days' prior written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 7. ESTIMATED AGREEMENT VALUE The estimated agreement value under this Agreement is One Hundred Thousand Dollars ($100,000). The estimated value is a nominal amount. Because storm events and emergencies cannot be predicted, the actual amount expended under this Agreement may vary significantly from the estimated agreement value shown above. The City will allocate funding for this Agreement accordingly and as needed based on actual events and the price per cubic yard shown in the Pricing Schedule, attached hereto as Exhibit "A". (The remainder of this page intentionally left blank) Page 13 of 4 City of Palm Beach Gardens Agreement No. ITB2014-033EM (A) Storm Debris Disposal Services IN WITNESS WHEREOF, the parties have executed this Agreement on the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA Mayor ATTEST: is Patricia Snider, CMC, City Clerk APPROVED AS TO FORM A LEGAL SUFFICIENCY / in Max,Loh#(an, City Attorney DRC EMERGENCY SERVICES, LLC : tAIAAtS� ..b President WITNESSES: GAattorney_share\AGREEMENTS\DRC Emergency Services -Storm Debris Disposal Svcs-ITB2014-033EM(A) Agmt.docx Page 14 of 4 City of Palm Beach Gardens Agreement No. ITB2014-033EM (A) Storm Debris Disposal Services EXHIBIT "A" PRICING SCHEDULE RATE: The City shall pay the Contractor based on the Price Per Cubic Yard shown below: Type of Debris Primary Vendor DRC Emergency Services oint Secondary Vendor Grubbs Emergency Services Joint Secondary Vendor Bergeron Emergency Services Processed Vegetative Debris $3.43 - - $1.50 i $4.50 Unprocessed Vegetative Debris $6.86 MW F $8.50 j $5.50 Construction and Demolition Debris $6.86 $8.50 $8.50 Wood Debris $6.86 $8.50 $8.50 Mixed Trash $6.86 Look,, $8.50 - $8.5 NOTE: The City is exempt from paying sales and excise taxes. A tax-exempt certificate will be provided upon request. At -I* PALL[ BEACH GARDENS 'A unique place to live, learn. work & play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR STORM DEBRIS DISPOSAL SERVICES AGREEMENT NO. ITB2014-033EM (B) THIS AGREEMENT is made and entered this day of , 2014 (the effective date), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Grubbs Emergency Services, LLC, a Florida corporation (hereafter referred to as "Contractor"), whose principal address is 13365 W. Hillsborough Avenue, Tampa, Florida 33635. WHEREAS, the City desires to retain the services of the Contractor to provide storm debris disposal services in accordance with the City's Invitation to Bid No. ITB2014-033EM and the Contractor's response thereto, which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. ITB2014- 033EM, all addenda issued thereto, and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. The Contractor is designated as Joint Secondary Vendor under this Agreement. ARTICLE 2. SCOPE OF SERVICES The Contractor shall provide all personnel and equipment necessary to perform storm debris disposal and related services, on an as -needed basis, subject to Federal Emergency Management Agency (FEMA) guidelines and regulations as may be appropriate for each project and according to the requirements of the City at the time of such request, according to the terms and conditions of the Invitation to Bid. Page 11 of 4 City of Palm Beach Gardens Agreement No. ITB2014-033EM (B) Storm Debris Disposal Services The City reserves the right, at its sole discretion, to assign work under this Agreement based on the lowest price or rate for the type of material available for haulage and disposal. ARTICLE 3. COMPENSATION The City shall pay the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein as Exhibit "A", according to the terms and specifications of the Invitation to Bid. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre(cD-pbgfl.com As to the Contractor: Grubbs Emergency Services, LLC 13365 W. Hillsborough Avenue Tampa, Florida 33635 Attn: Paula Sue Hamilton Email: Paula-grubbses.com b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. Page 12 of 4 City of Palm Beach Gardens Agreement No. ITB2014-033EM (B) Storm Debris Disposal Services ARTICLE 5. TERM The term of this Agreement shall be from the effective date until May 31, 2019, unless terminated earlier as provided for in Article 6. ARTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing thirty (30) days' prior written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 7. ESTIMATED AGREEMENT VALUE The estimated agreement value under this Agreement is One Hundred Thousand Dollars ($100,000). The estimated value is a nominal amount. Because storm events and emergencies cannot be predicted, the actual amount expended under this Agreement may vary significantly from the estimated agreement value shown above. The City will allocate funding for this Agreement accordingly and as needed based on actual events and the price per cubic yard shown in the Pricing Schedule, attached hereto as Exhibit "A". (The remainder of this page intentionally left blank) Page 13 of 4 City of Palm Beach Gardens Agreement No. ITB2014-033EM (B) Storm Debris Disposal Services IN WITNESS WHEREOF, the parties have executed this Agreement on the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA am Mayor ATTEST: in Patricia Snider, CMC, City Clerk APPROVED AS TO FC LEGAL SUFFICIENCY R. Ma�(L69man, City Attorney GRUBBS EMERGENCY SERVICES, LLC an Grubbs, Managing Member .ire. 7YV: C) G:\attorney_share\AGREEMENTS\Grubbs Emergency Svcs -Storm Debris Disposal Svcs-ITB2014-033EM (B) Agmt.docx Page 14 of 4 EXHIBIT "A" PRICING SCHEDULE RATE: City of Palm Beach Gardens Agreement No. ITB2014-033EM (B) Storm Debris Disposal Services The City shall pay the Contractor based on the Price Per Cubic Yard shown below: Joint Secondary Vendor Joint Secondary Vendor Type of Debris Primary Vendor Grubbs Emergency Bergeron Emergency IRC Emergency Servic Services Services Processed Vegetative Debris $3.43 $1.50 jam; $4.50 Unprocessed Vegetative Debris L.. ___._$ ,,86 $8.50 $5.50 Construction and Demolition Debris $6.86 $8.50 $8.50 Wood Debris $6.86 $8.50 $8.50 31 Mixed Trash $6.86 $8.50 $8.50 NOTE: The City is exempt from paying sales and excise taxes. A tax-exempt certificate will be provided upon request. Atop PALM BEACH GARDENS 'A ueigw place to lim lawn, %w* d play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR STORM DEBRIS DISPOSAL SERVICES AGREEMENT NO. ITB2014-033EM (C) THIS AGREEMENT is made and entered this day of , 2014 (the effective date), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Bergeron Emergency Services, Inc., a Florida corporation (hereinafter referred to as "Contractor'), whose principal address is 19612 SW 69th Place, Pembroke Pines, Florida 33332, and whose local address is 11440 Okeechobee Boulevard, Suite 213, Royal Palm Beach, Florida 33411. WHEREAS, the City desires to retain the services of the Contractor to provide storm debris disposal services in accordance with the City's Invitation to Bid No. ITB2014-033EM and the Contractor's response thereto, which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. ITB2014- 033EM, all addenda issued thereto, and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. The Contractor is designated as Joint Secondary Vendor under this Agreement. ARTICLE 2. SCOPE OF SERVICES The Contractor shall provide all personnel and equipment necessary to perform storm debris disposal and related services, on an as -needed basis, subject to Federal Emergency Management Agency (FEMA) guidelines and regulations as may be appropriate for each project and according to the requirements of the City at the time of such request, according to the terms and conditions of the Invitation to Bid. Page 11 of 4 City of Palm Beach Gardens Agreement No. ITB2014-033EM (C) Storm Debris Disposal Services The City reserves the right, at its sole discretion, to assign work under this Agreement based on the lowest price or rate for the type of material available for haulage and disposal. ARTICLE 3. COMPENSATION The City shall pay the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein as Exhibit "A", according to the terms and specifications of the Invitation to Bid. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre(aD_pbgfl.com As to the Contractor: Bergeron Emergency Services, Inc. 19612 SW 69th Place Pembroke Pines, Florida 33332 Attn: Brian Thomason Email: bthomasona-bergeroninc.com b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. Page 12 of 4 City of Palm Beach Gardens Agreement No. ITB2014-033EM (C) Storm Debris Disposal Services ARTICLE 5. TERM The term of this Agreement shall be from the effective date until May 31, 2019, unless terminated earlier as provided for in Article 6. ARTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing thirty (30) days' prior written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 7. ESTIMATED AGREEMENT VALUE The estimated agreement value under this Agreement is One Hundred Thousand Dollars ($100,000). The estimated value is a nominal amount. Because storm events and emergencies cannot be predicted, the actual amount expended under this Agreement may vary significantly from the estimated agreement value shown above. The City will allocate funding for this Agreement accordingly and as needed based on actual events and the price per cubic yard shown in the Pricing Schedule, attached hereto as Exhibit "A". (The remainder of this page intentionally left blank) Page 13 of 4 City of Palm Beach Gardens Agreement No. ITB2014-033EM (C) Storm Debris Disposal Services IN WITNESS WHEREOF, the parties have executed this Agreement on the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FOR ND LEGAL SUFEIOIENCYZ K am Mayor R. M Xoftan, City Attorney 7B R ERON EM /RGEiCCY SE ICES.. Ronald M. `B�brgeron,kjr.,Tresi�knt WITNES By: Print Name: By7pp� Print Name: G:\attorney_share\AGREEMENTS\Bergeron Emergency Services -Storm Debris Disposal Svcs-ITB2014-033EM (C) Agmt.docx Page 14 of 4 City of Palm Beach Gardens Agreement No. ITB2014-033EM(C) Storm Debris Disposal Services EXHIBIT "A" PRICING SCHEDULE RATE: The City shall pay the Contractor based on the Price Per Cubic Yard shown below: Primary Vendor Joint Secondary Vendor Joint Secondary Vendor Type of Debris DRC Emergency Grubbs Emergency Bergeron Emergency Services Services Services Processed Vegetative Debris $3.43 $1.50 $4.50 Unprocessed Vegetative Debris $6.86 $8.50 $5.50 Construction and Demolition Debris Wood Debris Mixed Trash +$6.86 $8.50 $8.50 $6.86 $8.50 $8.50 V.86 $8.5 $8.50 NOTE: The City is exempt from paying sales and excise taxes. A tax-exempt certificate will be provided upon request. 494 P-P PALM BEACH GARDENS 'A unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS PURCHASING AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStor, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Piggyback/Access Contract TITLE: Annual Asphalt Milling and Resurfacing DATE ADVERTISED: Not Applicable WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: CONTRACT TERM: Until December 31, 2014 VENDOR(S): Ranger Construction Industries, Inc. CONTRACT NO.: A2014-032PW DEPARTMENT: Community Services BIDS/PROPOSALS DUE DATE: Not Applicable RESPONSES RECEIVED: Not Applicable CONTRACT VALUE: Not to Exceed: Four Hundred Thousand Dollars ($400,000) OPTIONS TO RENEW: None BACKGROUND: This Agreement will allow the City to perform asphalt milling and resurfacing services during calendar year 2014. The Agreement is a piggyback of a competitively solicited Invitation to Bid from the Village of Wellington for annual asphalt milling and resurfacing services. Five (5) companies responded to the Invitation to Bid, and Ranger Construction Industries, Inc. offered the lowest prices for the services and was awarded the contract as the primary vendor. The City has experience with Ranger Construction Industries and is satisfied with the quality of work performed by the company. The company has the resources and equipment to perform the work and comes highly recommended by its clients. COMMENTS: Each year, based on need and available funds, the City repairs and resurfaces several City streets. The streets are milled and resurfaced based on an analysis of the road structure and state of degradation. For calendar year 2014, the amount of $400,000 is budgeted for asphalt milling and resurfacing of City streets. Staff considers this amount adequate and sufficient for the resurfacing projects planned this year. NAME SIGNA-URE DATE Department Head J. E. Doughney III City Attorney Finance Allan Owens / Purchasing Km! Ra Other Michael Morrow --�� LASERFICHE DATA: Effective Date: 4/3/2014 Expiration Date: 12/31/2014 Append to Existing: None PROPOSED CITY • 4/3/2014 9VAPPROVED CITY MANAGER OR ❑ T APPROVED ❑ DEFERRED -3JA�I DATE q4U.10 PALM BEACH GARDENS 'iA unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR ANNUAL ASPHALT MILLING AND RESURFACING (ACCESS OTHER CONTRACT) AGREEMENT NO. A2014-032PW THIS AGREEMENT is made and entered into this day of , 2014 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Ranger Construction Industries, Inc., a Florida corporation (hereinafter referred to as "Contractor"), whose principal address is 101 Sansbury's Way, West Palm Beach, Florida 33411. WHEREAS, Section 2-294 of the City's Code of Ordinances permits the City to "piggyback" an agreement awarded to another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the Village of Wellington awarded a Contract from competitively solicited Invitation to Bid No. ITB#077-12/ENR for the purchase of Annual Asphalt Milling and Resurfacing Services, which are attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the Contract has been renewed for an additional year, expiring on August 28, 2014, with an option to renew for an additional one- (1) year period, which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the City desires to access this Contract and purchase the services and materials described therein under the existing terms and conditions. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: Page 11 of 6 City of Palm Beach Gardens Agreement No. A2014-032PW Annual Asphalt Milling and Resurfacing ARTICLE 1. DESCRIPTION OF GOODS AND/OR SCOPE OF SERVICES The Contractor shall provide to the City, on an as -needed, project -by -project basis, annual asphalt milling and resurfacing services for calendar year 2014, based on the description contained in the Award Notice and Bid Tabulation, which are attached hereto and incorporated herein as Exhibit "B", and the Contractor's Proposal, which is attached hereto and incorporated herein as Exhibit "C". ARTICLE 2. PAYMENT The City will pay the Contractor upon completion of the work, on a project -by - project basis, and upon the review, inspection, and acceptance by a duly authorized representative of the City. All payments shall be based on the rates established in the Bid Tabulation, which is attached hereto as Exhibit "B". In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. ARTICLE 3. TERM OF AGREEMENT The term of this Agreement shall be from the effective date until December 31, 2014, and upon completion of the work and acceptance by the City, inclusive of all warranty periods applicable. ARTICLE 4. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 5. INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Contractor's performance under this Agreement, the Contractor hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, servants, or agents, and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever. Page 12 of 6 City of Palm Beach Gardens Agreement No. A2014-032PW Annual Asphalt Milling and Resurfacing ARTICLE 6. INSURANCE The Contractor shall comply with the insurance requirements established in the Contract. The Contractor shall provide a copy of its insurance certificate, listing the City as an additional insured, to the City's Risk Management Coordinator for review and approval prior to commencement of any performance under this Agreement. ARTICLE 7. PERFORMANCE BOND The City reserves the right, at its sole discretion and in its best interest, to require the Contractor to provide a Performance Bond, on a project -by -project basis, based on the requirements in the Contract. Should the City request the Contractor to provide a Performance Bond for a specific project, the Contractor shall not commence any work on that project until the Contractor has provided the requested Performance Bond, and the Bond has been inspected and accepted by the City. ARTICLE 8. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre(cz�_pbgfl.com As to the Contractor: Ranger Construction Industries, Inc. 101 Sansbury's Way West Palm Beach, Florida 33411 Attn: Beatriz Ramirez Email: bramirez(cD-rangerconstruction.com b. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. Page 13 of 6 City of Palm Beach Gardens Agreement No. A2014-032PW Annual Asphalt Milling and Resurfacing C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. d. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. e. SeverabilL. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. f. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue for all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. g. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. h. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. i. Attorneys Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non -prevailing party shall pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. j. Equal Opportunity. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age, be discriminated against in the performance of this Agreement. Page 14 of 6 City of Palm Beach Gardens Agreement No. A2014-032PW Annual Asphalt Milling and Resurfacing ARTICLE 9. COMPENSATION The City's estimated expenditure under this Agreement shall not exceed Four Hundred Thousand Dollars ($400,000) for the performance of the work contemplated herein. Notwithstanding the estimated expenditure, the City does not guarantee to the Contractor that this amount will be spent during the term of this Agreement. ARTICLE 10. OTHER FORMS OR DOCUMENTS If the City is required by the Contractor to complete and execute any other forms or documents in relation to this Agreement, the terms, conditions, and requirements in this Agreement shall take precedence to any and all conflicting or modifying terms, conditions, or requirements of the Contractor's forms or documents. ARTICLE 11. OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed City programs, contracts, transactions, accounts, and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all City agreements. ARTICLE 12. PUBLIC RECORDS Chapter 119, Florida Statutes, the Public Records Law, requires that municipal records shall at all times be available to the public for inspection. The Contractor shall keep and maintain public records and fully comply with the requirements set forth at Section 119.071, Florida Statutes; failure to do so shall constitute a material breach of this Agreement. Certain exemptions to public disclosure are statutorily provided for in Section 119.07, Florida Statutes. The Contractor shall be cognizant of any exemptions that are applicable to the services to be performed under this Agreement. (The remainder of this page intentionally left blank) Page 15 of 6 City of Palm Beach Gardens Agreement No. A2014-032PW Annual Asphalt Milling and Resurfacing IN WITNESS WHEREOF, the parties have executed this Agreement on the date hereinabove first written. ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM LEGAL SUFFICIENCY i A R. Mal/ L'p iman, City Attorney CITY OF PALM BEACH GARDENS, FLORIDA in Mayor RANGER CON CTI NDUSTRIES, INC. By: Robert SchafeKlAreside t G:\attorney_share\AGREEMENTS\Ranger Construction-A2014-032PW Annual Asphalt Milling and Resurfacing 2014.docx Page 16 of 6 City of Palm Beach Gardens Agreement No. A2014-032PW Annual Asphalt Milling and Resurfacing EXHIBIT "A" Renewal, Executed Contract, and Invitation to Bid Ci►iiticll ►3ob Mnrt;olis, Mayor I lowanf K. C'oalea, )r; Vice Mayor mou willhilo, Cnundriwi! AupcgonKig, Coonoillypiwiti Jolla Groom, C'ounoiGnmi June 6, 2013 Beatriz Ramirez Ranger Construction 101 Sansbury's Way West Palm Beach, FL 33411 RE: Contract Renewal #077-12/E N R — An n ual Asphalt Milling and Resurfacing Dear Ms. Ramirez, .Iktan4er Pant Schoi old Ranger Construction Industries, Inc. is one of the awardees for Bid #077-12/ENR. The contract is set to expire on August 28, 2013. The contact allows for two (2) additional one (1) year renewals by mutual agreement. Wellington would like to exercise the first option to renew through August 28, 2014 under the same pricing, terms and conditions which is conditioned upon subsequent approval by Wellington Council, in accordance with Palm Beach County ordinance number 2011-009, the vendor understands that any Contract that results from an RFP/ITB may be subject to investigation and/or audit by the Palm Beach County Inspector General. The offeror has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. The award is subject to provisions of State Statutes, Palm Beach County Commission on Ethics and Code of Ethics, and Wellington policies. All Proposers must disclose with their Proposal/Renewal the name of any officer, director, or agent who is also a Wellington employee. Further, all Proposers must disclose the name of any Wellington employee who is employed in the Proposer's firm or any of its branches. If any Proposer violates or is a party to a violation of the Wellington, Palm Beach County or Florida Code of Ethics with respect to this Proposal, such Proposer may be disqualified from performing the work described in this Proposal or from furnishing the goods or services for which the Proposal is submitted and shall be further disqualified from bidding on any future Proposals/Bids for work or for goods or services for Wellington. A copy of the Wellington, Palm Beach County Commission on Ethics and Code of Ethics and State Ethics Codes is available at the Wellington Clerk's Office, 12300 Forest Hill Boulevard, Wellington FL 33414. By signing this renewal agreement proposer acknowledges no such conflict. Please indicate acceptance or rejection of the renewal, as indicated below, and return to my attention. If you should have any questions, please contact me or anyone else in the Purchasing Department. Sincerely, Emma Ramirez . Ph: 561-791-4021 E-Mail: eramirez@wellinetonfl.aov Miguel G. Correa` f Accept Renewal: , Printed Name si ure Date Reject Renewal: Printed Name Signature Date 12300 Forest Hill Boulevard • Wellington, Florida 33414 • (561) 791-4000 - Fax (561) 791-4045 www.wellingtonfl.gov AGREEMENT THIS AGREEMENT is dated and will be effective on the -I-A- day of _0!4_ in the year aolby and between the Village of Wellington, (hereinafter called OWNER) and Ranger Construction Industries, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ITB #077-12/ENR Annual Asphalt Milling & Resurfacing ARTICLE 2 — PUBLIC WORKS DEPARTMENT The Project has been designed by WELLINGTON who is hereinafter called PUBLIC WORKS ROADS SUPERVISOR who is to act as OWNER`s representative, shall assume all duties and responsibilities and have the rights and authority assigned to PUBLIC WORKS ROADS SUPERVISOR in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIMES 3.1 After receiving notice to commence with the work for a particular project the Contractor shall commence promptly within seventy-two (72) hours and shall efficiently prosecute the work with adequate personnel and equipment until completion, within 30 calendar days, or as designated by the or his duly appointed representative. The initial term of the contract will be for one (1) year with the option for two (2) additional one (1) year renewals. 3.2 LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR and/or CONTRACTOR'S Surety shall pay OWNER Five Hundred and 00/100 dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for final completion and readiness for final payment until the Work is completed and ready for final payment. 3.3 No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last five (5) years of weather recorded by the Owner. ARTICLE 4 - CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, subject to adjustment as provided therein, in current funds as follows: The cost of each project, authorized by the Owner through the issuance of a Notice to Proceed, based upon the unit prices set forth in the Schedule of Values. The Owner does not guarantee any minimum amount in contract price nor any minimum number of projects. ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by PUBLIC WORKS ROADS SUPERVISOR as provided in the General Conditions. Page147 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by PUBLIC WORKS ROADS SUPERVISOR, on or about the 10h day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). 5.1.1. Prior to successful completion of 50% of the work, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as PUBLIC WORKS ROADS SUPERVISOR shall determine, or OWNER may withhold, in accordance with Paragraph 14.02 of the General Conditions. 20%o of Work completed. 0% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 14.02.A of the General Conditions). 5.1.2. Upon successful completion of 50% of the work, progress payments will be made in an amount equal to 95% of work completed, but, in each case, less the aggregate of payments previously made and less such amounts as PUBLIC WORKS ROADS SUPERVISOR shall determine, or OWNER may withhold, in accordance with Paragraph 14.02 of the General Conditions. 5.2. FINAL PAYMENT. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, and settlement of all claims, OWNER shall pay the remainder of the Contract Price as recommended by PUBLIC WORKS ROADS SUPERVISOR as provided in said paragraph 14.07 of the General Conditions. ARTICLE 6 (This Article left blank intentionally). ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions, Laws, and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2. above) which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.03 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 7.5 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS Page148 The Contract Documents, which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement consisting of 4 pages. 8.2 Performance Bond and Payment Bond consisting of 4 pages (plus Power of Attorney Forms as applicable). 8.3 Notice of Award 8.4 General Conditions consisting of 48 pages 8.5 Supplementary Conditions consisting of 3 pages. 8.6 Sales Tax Recovery Program — Not Applicable 8.7 General Requirements Section 1000 consisting of 4 pages 8.8 Drawings not attached hereto but are listed in the List of Drawings 8.9 Addenda numbers I to 2, inclusive 8.10 CONTRACTOR'S Bid 8.11 The following which may be delivered or issued after the Effective Date of the Agreement may not be attached hereto: Notice to Proceed, all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.04 and 3.05 of the General Conditions. 8.12 The documents listed under Article 8 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.04 of the General Conditions. ARTICLE 9 - MISCELLANEOUS 9.1 Terms used in this Agreement, which are defined in Article i of the General Conditions, will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained on the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. ARTICLE 10 - INDEMNIFICATION 10.1 This space left blank intentionally. 10.2 CONTRACTOR shall indemnify and hold harmless OWNER and PUBLIC WORKS ROADS SUPERVISOR and their respective officers, and employees, for liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. Page149 Regardless of the foregoing, the indemnification herein shall be the greater of the CONTRACTOR'S insurance coverage for such claim or Five Million Dollars. Nothing in the Contract Documents shall be construed or interpreted as consent by the OWNER to be sued, nor as a waiver of sovereign immunity beyond the waiver or limits provided in §768.28, Florida Statutes. ARTICLE 11—SALES TAX INFORMATION 11.1 Not Applicable ARTICLE 12 - PROJECT SIGNAGE CONTRACTOR shall furnish and erect 0 Owner standard signs at the Project site as directed by the OWNER. CONTRACTOR may install signage at the site subject to approval by the OWNER. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement. One counterpart each has been delivered to OWNER, CONTRACTOR, and the PUBLIC WORKS ROADS SUPERVISOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by the PUBLIC WORKS ROADS SUPERVISOR on their behalf. Ranger Construction Industries, Inc. OWNER: Village of Wellington CONTRACTOR By QA By Bob Margolis, M or Print 0 Mianal A_ (lnrrag Vice President Attest: Awilda Rodriguez, Wellington' Clerk (SEAL) Address for giving notices 12300 Forest Hill Boulevard Wellington, Florida 33414 APPROVED AS TO FORM AND Page 150 11)S hf�. Attest: ,ems (CORPORA SEAL) cw_ Address for giving notices License No. C G "J'744i r Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) OPINION OF ATTORNEY This is to certify that I have examined the attached Contract Documents for ITB #077-12/ENR Annual Asphalt Milling & Resurfacing_and that after such examination I am of the opinion that the execution of the Agreement, the Performance Bond and Payment Bond to be provided are in due and proper form. This day of Page151 Bond Number:105811232 PAYMENT BOND Issued In Three (3) Counterparts FA Any singular reference to Contractor, Surety, Owner or other party shall be considered plum] where applicable. CONTRACTOR (Name and Address): SURETY (Name mud Address of Fflw pal Place ConstruCtb t Indust(IeS, krC of Business): 101 s Travelers Casualty and Surety Company of America. West Palm Beads, L 33411 One Tower Square, 5PB 561-793-9400 Hartford, CT 183 800-242-8734 OWNER (Aba►ie aad Addrnn): Wellington 12300 W. Forest Hill Boulevard Wellington, FL 33414 661-791-40M CONTRACT Date: !� � d ,i2GY Amount: Five Mlon Nine Hundred Eighty -Eight Thousand One Hundred Twenty -Two and 001100 ($5,988122.00) Description (lame aaa t.ocafi*4 Annual Asphalt W" b Restufacing (ITB #077-121ENR) BOND Date (Not earlier than Ceatract Game): Amount: Two Htirldred Thousand aM 001100 ($200,000.00) Modificaduns to this Bond Form: Payment Bond Rider. Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the re Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Com r Construction Industries, inc,(Co Seal) Company: g C ilr G o�, Signature:_ ate and Miguel Q. Correa Name and So M:: ' Vice President (At (0 i� pp*d d belotr for signatures of additional parties, if required.) , CONTRACI'OK AS PRINCIPAL SURETY Company: (Corp. Seal) Company: Signature: Signature: Name and Title: Name and Title: W'/A each cause this OA r ; Attomey-hi�Fad and Fl. Aaettt .'• ��' Attorney) # Att •'�tirr»i�i�'�• (Corp. Seal) EJCDC No. 1910-28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Aswciation of Americs, Public Works Roads Supervisors Joint Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. This Bond is executed pursuant to Florida Statutes Section 255.05 or Section 713.23. %vhichever is applicable and b subject to the notice and time limitation provision. Page 154 1. The CONTRACTOR and the Surety, jointly and severally, bind dicroselvcs, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the CONTRACTOR: 11. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends. indcmnifes and holds harmless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials of equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in pmvgraph 12) of any claims, denrrands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default 3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payments, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 4.2 Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at die addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. Claimants who do not have a direct contract with the CONTRACTOR: 1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last palbrwd labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fumished or supplied or fir whom the tabor was done or pertirmhed; and 2. Have either received a r4cation in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR. 5. if a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surely, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shalt promptly and at the Surety's expense tattle the following actions: 6.1 Send an answer to the Claimant, witch a copy to die OWNER, witihin 45 days after receipt of the claim, starting the amounts that we undisputed and the basis for challenging any amounts that are disputed. 62 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made In good faith by the Surety. & Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR fumishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under thls Bond, subject to the OWNER's priority to use the fonds for the completion of the Work. 9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations so make payments to, give notices on behalf of, or otherwise have obligations to Claimants wider this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related SubconKacts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other that in a court of competent jurisdiction in the location in which the Work or part of the Work Is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 ur paagraph 42.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone tinder the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph arc void or prohibited by law, the minimum period of limilladon available to sureties as a defense in the jurisdiction of Use suit shall be applicable. 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mai'lod or delivered to the addrnxases shown on the signarurc page. Actual receipt of notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal mquireetent in the location where the Contract was to be performed, any pruvision in this Bond conflicting with said statutory or heal requirement shall he deemed deleted herefrom and provisions confomting to such statutory or other legal requirement shall be deemed incorporated herein. '111e intent I% that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of arty person or entity appearing to be a pulentiel beneficiary of this Bond, the CONTRACTOR shall promptly finish a copy of this Band or shall permit a copy to be made 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract The intent of this Bond shall be to include without limitation in the tents "labor, materials or equipment" that part of water, gas, power, light, Net, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and Public Works Roads Supervisoring services required for perlbrmance of the Work of the CONTRACTOR and the CONTRACTOR's Subcontracsom and all other items for which a mechanic's lien may he asserted in the jurisdiction where the labor, materials or equipment were f nnishcd. 15.2 Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 15.3 OWNER Default: Failure of the OWNER, which has neither been remedied nnr waived, to pay the CONTRACTOR as mquircd by the Contract or to perform and complete or comply with the other tcrins thereof. Note l: As an additional requirement any claimant, except a laborer, who is not in privity with the Contractor shall, within 45 days after beginning to For Information Only — Name, Address and "Telephone) Agent or Broker: 1'age 155 PAYMENT BOND TRAVELERS CASUALTY AND SURETY RIDER COMPANY OF AMERICA Hartford, Connecticut 06183 This Rider is executed concurrently with and shall be attached to and form a part of Payment Bond No. 105811232 (hereinafter referred to as the "Payment Bond"). WHEREAS, on or about the q day of & • 20 12. , (hereinafter referred to as "Principal") entered into a written agreement with City of Wellington, FL f owner`), for Annual Asphalt Milling & Resurfacing (ITB #077-121ENR) (hereinafter referred to as "Contract"); and WHEREAS, the Principal is obligated under the Contract to provide a payment bond in connection with the Contract naming City of Wellington, FL as Obligee; and WHEREAS, the Principal and Travelers Casualty and Surety Company of America have agreed to execute and deliver the Payment Bond on the conditions herein stated. NOW, THEREFORE, the Payment Bond is hereby modified as follows: Paragraph 6 in the Payment Bond is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. Except as herein modified, the Payment Bond No. 105811232 shall be and remains in full force and effect. Signed, sealed and dated this A day of !)aE , 20 1-1- Ranger Construction Industries, Inc. (Principal) y ; u, o VMiguel Q. C rreace Prent Travelers CaAdpl# and 1•" Compny of America .. •• ., Seal) B s•I*ate •M, • • William ps om y-In-Fact and FL Res6e / N�'cow OF ATTORNEY IS INVALID THE RED BORDER TRAVELERS POWER of ATTORNEYFarn intton Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St Pail Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -la Fast No. 215719 St Paul Mercury Insurance Company Travelers Casualty stud Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004734749 KNOW ALL 1HEN BY THESE PRESENPS: That St. Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations dully organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company o[ America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies), and that the Companies do hereby mate, constitute and appoint William Phelps of the City of ide State of Florida , their true and lawful Attorney(:) -in -Fact, each in their separate capacity if morn than one is named above, to sign, execute, seal and acknowledge any and all bonds, nxognizances, conditions] undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 114 WITKMS WHEREOF, the Comparim have caused this M&umetnt to be signed and their corporate seals to be hereto affixed, this day of Febrl% , Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Ine. St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company � RPOR City of Hartford ss. 16th St. Paul Mercury Insurance Company Travelers Cassaity, and Surety Company Travelers Cwmft and Surety Company of America United States Fidelity and Guaranty Company On this the 16th day of Feb ntary 2012 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty insurance Underwriters, Inc., St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that Ire. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. t3.TEf In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-6-11Printed in U.S.A. ) � c�.. tRria G Twean 6 Notary Pumic THE RED This Power of Attorney is grunted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Ouararuy Insurance ComWy, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surly Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Tm"urer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's meal bonds, rawgnizaoces, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers; or the Board of Directors at any time may remove any such appointee and revoke the power gives him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vxe President or any Yice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Faa and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers. Presidernt, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affued by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and arresting bonds and undertakings and other writings obligatory in the nature thereof, and any such Primer of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I. Kevin E, Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc, St. Paul Firs and Marine Issuance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force ,and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this _�t day of 06-1- • . 20 1-2— Kevin I- Hughes, Assistant Se tart' •'�.I, f 11 N 1 a.� Olt iis `• , k To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -la -Pa, Wn.m Other, •�•• above -named individuals and the details of the bond to which the power is attached. IS INVALID THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED POWER OF ATTORNEY TRAVELERS JW Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 215719 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004734750 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duty organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized wider the laws of the State of low*, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby nuke, constitute and appoint William Phelps of the City of Mebane . State off. Florida , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, tecognizancea, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WIT'N S EOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day , 2012 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 16th St. Paul Mercury Lowrance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company r „5e a � QO�t'�NSG9 ��.u,a�N� ��*`tr µad 5N5Maay c� Y�rp iED * u�p5�.."���� v;�eP�t�Mrt,w i F 1951 1�U�a. �`�SEAL�o �i�581tL��i R v s :iM be �'}�t•..•✓r%'N` � r .� �M1 A!N By: Gaorg TTmmpson, nior rcc President On this the 18th day of February 2012 fore me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fat and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G.TET In Witness Whereof, I hereunto set my hand and official seal. swi 0&-' 1%V� My Commission expires the 30ih day of June, 2016. A��1p * Matte C.1leuaaoa Notary Public 58440-6-11Printed in U.S.A. Bond Number: 106811232 PERFORMANCE BONA Issued in Three (3) Counterparts Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (No= sm Addnm): SURETY (Nana end Address of rdncdpat Phm or wahm): 1Ran rge �QCsn* doayn Indushies, Inc. Travelers Casualty and Surety Company of America. 1West Palm 01 C SbuBeach, FL 33411 One Tower Square, 5P8 561-��� Hartford, CT�183 OWNER (Name am Addreu): 800 242 8734 Wellington 12300 Forest Hill Boulevard Wellington, FL 33414 561-7914000 CONTRACI DW. d9C.10�e� Amount: FNe Mixon Nine Hundred Eighty -Eight Thousand One Hundred Twenty -Two and 001100 ($5,M,122.00) Description (Name and Location) AtanW AsiM Milling & Resurfacing (ITB #077-121ENR) BOND A . Date (Not earlier limn Contra�7ct Date): f/ U/ " �.h Amount: Two Hurled Thousand and 00/100 ($200,000.00) Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the tarns printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or re ntative. NTj0CT0R AS PRINCIPAL SU mpany. FjangerConstrudw Industnes, Inc. (Corp. Seal) CO and con�enyofi i,d(f�lp, 3e�1) ,�4ro. r e �,1 •'r aF • �o Signature: p -Na itle Miguel G. Correa Nano ttle: wWwPne%s, ianome� nld' i •. 1 ?° (Acts Power of Attorney) r: Vioe Presiders iSpa* ',provided below for signatures of additional if coed. q: • •, • it �" Parties, �N ) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature Signature Name and Title: Name and Title: EJCDC No. 1910-28-A (1996 Edition) Original if prepared through the joint efforts of the Surety Association of America, Public Works Road& SupwAsors Joint Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Amociatiors, and the Associated Specialty Contractors. This Bond is executed pursuant to Florida Statutes Section 255.05 or Section 713.23, whichever is applicable and is subject to the notice and time limitation provisions. Page 152 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Contras; the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1 The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requestcd and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later then tifteon days after receipt of such notice to discuss methods of performing the Contract. If the owner, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall be allowed a reasonable tinte to perform the Contract, but such an agreement shall not waive the OWNER's right, if airy, subsequently to declare a CONTRACTOR Default and 3.2 The owner has declared a CONTRACTOR Default and formally terminated Ile CONfRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surely have received notice as provided in paragraph 3.1. and 3.3 The owner has agreed to pay the Balance of the Contract Price to. 13.1, The Surety in accordance with the terms of the Contract; 3.3.2. Another contractor selected pursuant to paragraph 4.3 to perform the Contract 4. When the owner has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or 4.2 Undertake to perform and complete the Contract itself, through its atgmts or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment hands executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balanceof tare Contrail Price incurred by the OWNER resulting from the CONTRACTOR Default; 4A Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; 4A.1. After investigations, determine tho amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4A.2. Deny liability in whole or in part and notify the OWNER citing reasons therefor. 5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of art additional written notice from the OWNER to the Surely demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. if the Surety proceeds as provided in paragraph 4.4. and tits OWNER refuses the (Por information Only —Name, Address and Telephone) Page153 further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. After the OWNER has terminated the CONTRACTOR's right to complete the Contract; and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of time OWNER to the Surety shall not be greater than those of the OWNER tinder the Contract. Ton limit of the amount of this Bond, but subject io comndtmem by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the CONTRACTOR for correction of de*tive Work and completion of the Contract; 6.2 Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety trader paragraph 4. and 6.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of the CONTRACTOR. 7. The Study shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER at its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracs, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the Work is located and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligad'rnns under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation avaihdle to suritics as a defense in tare jurisdiction of the suit shall be applicable. 10. Notice to the Surely, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hcrerrum and provisions conlbrming to such statutory or other legal requirement shall he Cleemcd incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law hand. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the Contract afler all proper adjustments have been made, including allowance to the C ONfRAC,'TOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under this Contract 12.2 Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 123 CONTRACTOR tlefauln: Failure of the CONTRACTOR, which has neither been remedied not %waived, to perform or otherwise to comply with the terms of the Contract. 12A OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. OF ATTORNEY IS MiVAUD WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Cae�ty Cerny Fidelity and Gu arsmty Insurance Company Fidelity and Guaranty Imurs am Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Arty nary -In Fact Nor 215719 St. Paul Mercury Insurance Company Travels Casualty and Surety Company TY avekxs Casualty and Surety Company of America United States Fidelity and Guaranty Company Certillicate No. 00 4 7 3 4 7 4 9 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Pauli Guardian Insurance Company and SL Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, drat United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity sad Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called she "Compsnies"� and that the Companies do hereby make, constitute and appoint WAliam Phslpe of the city of Melboum . State of Florida . their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bench, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings requited or permitted in any actions or proceedings allowed by law. IN WITKICSSFVHBABOF, the )save caused this iost amient to be signed and their corporate seals to be hereto affixed, this day of Wy 2 City of Hartford ss. Farmington CeauaRy Company Fidelity and Guaranty Insurance Company Fldeflty and Guaranty Imnrance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company I th St. Pail Mercury Insurance Company Travekn Ca uft and Surety Company Travelers Casualty and Snotty Company of America United States Fidelity and Guaranty Company LT "aftla (1) 0 i8N19ai �aTs►v�r- - On this the day of im Fehtvary 2012 . before me personally appeared George W. Thompson. who adtnowkdged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Tlavelas Casualty and Surety Company. Travelers Casualty and Surety Company of Anaetka, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized offices. C(5)� In Wit»ess W[sereot, I hereunto set my hand and official seal.My Commission expires the 30th day of June, 201C 58440-6-11 Printed In U.S.A. 1Od JA, C . — mow C. Tearm*, Nwary wbiic RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelem Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, wading as follows: RESOLVED, that the Chairnan. the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizance:, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (udder seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Se avary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes onty of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate beating such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1. Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travel= Casuahy and Surety Company of America, and United Stasis Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of QN • 20 /a. e.-, Kevin E. Hughes• Assistant SecAtary aY G�tU�< f\R6 t ��� �KrG + 1N•4� \.tV M'Y ,,y�i • �� o t3` f a 26 0 y977 MfAAttlPo1TF0 �i •rNnN� +t�'/�\e�u��tt} o i MNRFOAn.`'� COWL G, • : t y t• .k .�A To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney:Lp-1'iki gukbzi, the' above -named individuals and the details of the bond to which the power is attached. BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED TRAVELERS suPOWER OF ATTORNEY Farmington Caalty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 215719 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No.004734749 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Wiliam Phelps of the City of — _- State of Midda , their ante and lawful Attortey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizance s, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN F, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day Februwy, 2012 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company City of Hartford ss. 16th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Geo Thompson, t ace President On this the 16th day of February 2012 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, lac., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,Tl7 In Witness Whereof, I hereunto set my hand and official seal. Tni My Commission expires the 30th day of June, 2016. 0 58440-6-11Printed In U.S.A. )AQA;J, 0, Marie C. Texreautt, Notary Public NOTICE OF COMPLIANCE WITH CHAPTER 556, FLORIDA STATUTES The undersigned Contractor does hereby confirm to the Owner and Public Works Roads Supervisor that the Contractor has reviewed the provisions of Chapter 556, Florida Statutes, and has provided to "Sunshine State One - Call of Florida, Inc" the information required under F.S. 556.105 before the commencement of any excavation or demolition required for the Work. Executed this ��day of Ranger Constructon Industries, Inc. ntractor) e (sign re) Miguel G Correa (print name) Vice president (title) END OF SECTION Page 156 CONTRACTOR'S AFFIDAVIT TO OWNER AND FINAL RELEASE OF LIENS STATE OF FLORIDA COUNTY OF Before me, the undersigned authority, authorized to administer oaths and take acknowledgements, personally appeared , who, being by me first duly sworn, on oath depose(s) and say(s): (1) He/she is/they are a (Corporation, Partnership, or Individual) of (State), doing business as hereinafter called "Contractor". (2) Contractor heretofore entered into a Contract with Wellington, hereinafter called "Owner" to do Work (furnish material, labor and services) for ITB #077-12/ENR Annual Asphalt Milling & Resurfacing, located at Palm Beach County, Florida. (3) Contractor has fully completed construction in accordance with the terms of the Contract, and all lienors have been paid in full, except: NAME OF LIENOR AMOUNT DUE AND UNPAID (4) All Workmen's Compensation claims have been settled and no liability claims are pending, in connection with, arising out of or resulting from the Contractor. (5) Receipt by the Contractor of the final payment, under the aforementioned Contract, shall constitute a full release and discharge by the Contractor to the Owner of any and all claims of the Contractor against the Owner, arising out of, connected with, or resulting from performance of the obligations of the Contractor pursuant to the Contract Documents. (6) The term "lienor" as used in this affidavit means any person having a lien or a prospective lien, under the Mechanics Lien Law of Florida, on the land and property of the Owner referred to in paragraph (2) of this affidavit. Further, Contractor represents, warrants and covenants that all subcontractors, material men and suppliers have been paid in full. The contractor further provides under penalty of perjury that there are no claims of lien on the project. (7) This affidavit is given pursuant to the provisions of Florida Statutes Section 713.06 or Section 255.05, whichever is applicable. Signed and sealed in the presence of: (Entity) By: (Seal) Subscribed and Sworn to (or affirmed) before me on this day of by He/she is personally known to me or has presented as identification. Notary Public Signature and Seal Print Notary Name and Commission No. Page157 APPLICATION FOR PAYMENT NO. Project: #077-12/ENR Annual Asphalt Milling & Resurfacing Start Date: Completion Date: Application is made for payment, as hereinafter shown, in connection with this Contract: Total Work to Date — see attached schedule $ Total Material Suitably Stored — see attached schedule $ Gross Amount Due $ Less % Retainage $ Amount Due to Date $ Less Previous Applications $ Amount Due This Application $ Original Contract Price $ Net Change Orders -Credit $ Subtotal $ Net Change Orders - Debit $ Current Contract Price $ Value of Work Remaining to be Done (Current Contract Amount — Gross Amount Due) $ Contractor's Certification: The undersigned Contractor certifies that (1) all previous progress payments received from Owner on account of Work done under the Agreement referred to above have been applied to discharge in full all obligations of Contractor incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to Owner). Dated: Contractor: Mailing Address: By State of ) County of )ss (Maine and Title) Subscribed and Sworn to (or affirmed) before me on this day of by . He/She is personally known to me or has presented as identification. Who being so duty sworn, did depose and say that helshe is of the Contractor above mentioned; that he/she executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct, and complete. Notary Public Signature and Seal Print Notary Name and Commission No. Payment of the above AMOUNT DUE THIS APPLICATION is recommended. WELLINGTON DESIGNEE Date: By: (Name) Page 158 (Title) BILL OF SALE, ABSOLUTE KNOWN ALL MEN BY THESE PRESENTS, that a corporation of County, Florida, party of the lust part, for an in consideration of the sum of Ten and No/100 ($10.00) lawful money of the United States, to it paid by WELLINGTON, a municipal corporation of the State of Florida, 12300 W. Forest Hill Boulevard, Wellington, Palm Beach County, Florida 33414, party of the second part, the receipt whereof is hereby acknowledged has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the said party of the second party, its executors, administrators and assigns, the following goods and chattels: Project Name #077-12/ENR Annual Asphalt Milling & Resurfacing consisting of the components set forth in the final schedule of values as described in Exhibit "A", attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the said party of the second part, its executors, administrators and assigns forever. AND, it does, for itself and its successors and assigns covenant to and with the said party of the second part, its successors and assigns, that it is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said party of the second part its successors and assigns against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, it has hereunto set its hand and seal this day of 20 Signed, sealed and delivered in the presence of: WITNESSES: Signature Print Name Name: Title: [Corporate Seal] Signature Print Name The foregoing instrument was acknowledged before me this day of by , as of a (state) corporation. He/She is ❑ personally known to me or ❑ has produced identification. (stamp) Print Notary Name: Page159 20 as FORM OF FINAL RECEIPT FINAL RECEIPT FOR CONTRACT NO.077-12/ENR Received this day of from Wellington, the sum of ( 1 as full and final payment to CONTRACTOR for all work and materials for the Project described as: #077-12/ENR Annual Asphalt Milling & Resurfacing This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases Wellington from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials, and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to OWNER. CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. (If incorporated, sign below.) ATTEST: Secretary Name By: _ (CORPORATE SEAL) Title Date: Page 160 ADVERTISEMENT/INVITATION TO BID The Wellington Council is accepting sealed bids for ITB #077-12/ENR Annual Asphalt Milling & Resurfacing for one (1) year with the option for two (2) additional one (1) year renewal period. All Bids must be received, one (1) original and one (1) PDF Copy (CD) at the address below in the Clerk's Office, no later than June 19, 2012 at 10:00 am. Local Time, at which time all Bids will be publicly opened and read. Receipt of a response by any Wellington Office, Receptionist, or personnel other than the Clerk's Office does not constitute "receipt" as required by this solicitation. The Clerk's Office time stamp shall be conclusive as to the timeliness of receipt. The Owner for the Project is Wellington, Florida, ("Owner"). Bid Documents may be downloaded from DemandStar starting on May 21, 2012. Bids must be accompanied by a Bid Bond/Security in the amount of ten percent (10%) of the Bid and must accompany each Bid in accord with the Instructions to Bidders. No bid may be withdrawn for a period of 120 days after the posting of the recommended award or as otherwise provided in Instructions to Bidders. The successful Bidder, who is awarded the contract, may be required to furnish a 100% Construction Performance Bond and a 100% Construction Payment Bond meeting the requirements of Section 255.05 Florida Statutes. All Bids shall be sealed when submitted and be delivered or mailed to: Wellington Clerk's Office 12300 Forest Hill Boulevard Wellington, FL 33414 ENVELOPE MUST BE IDENTIFIED AS SEALED BID 9077-12/ENR Annual Asphalt Milline & Resurfacine The Owner reserves the right to accept or reject any or all Bids (in whole or in part) with or without cause, to waive technicalities, irregularities or informalities, or to accept bids which in its judgment best serve the Owner. Any and all questions regarding this solicitation shall be directed to the Wellington Purchasing Division: Attn: Ed De La Vega, 12300 Forest Hill Boulevard, Wellington, Florida 33414: Ph 561-791-4055 or email: edelavega@wellingtonfl.gov. Palm Beach Post Advertisement: May 20, 2012 SUBMIT BIDS TO: REFER ALL INQUIRIES TO PRIMARY CONTACT: City of Wellington Purchasing Division City of Wellington Y Gores Office 12300 Forest Hill Blvd 12300 Forest Hilll B Blvd 1230 Wellington, FL 33414 INVITATION TO B I D Wellington, FL 33414 Ph:(561) 791-4055/Fax: (561) 904-5809 a Annual Asphalt Milling and Resurfacing #077-12/ENR ..• S3 f Corporation ❑ Partnership PROPRIETORSHIP Joint Venture ❑ Other If C rporation please provide thefollowing: (A) Date of Incorporation: (B) State or Country of Incorporation: month j Doy j Yeor I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all terms and conditions of this bid and certify that I am authorized to sign this bid for the bidder and that the bidder is in compliance with all requirements of the Invitation to Bid, including but not limited to, certification requirements. Page 12 TABLE OF CONTENTS ADVERTISEMENTTO BID .................................................................................................................................................................. I BID ACKNOWLEDGEMENT COVER PAGE...................................................................................................................................... 2 TABLEOF CONTENTS......................................................................................................................................................................... 3 INSTRUCTIONSTO BIDDERS............................................................................................................................................................ 5 TRAFFIC CONTROL & MAINTENANCE.........................................................................................................................................16 BIDPROPOSAL CHECKLIST............................................................................................................................................................ 19 BIDBOND/SECUIRTY........................................................................................................................................................................ 20 BIDFORM......................................................................................................................................................................................... 21 SCHEDULEOF VALUES.................................................................................................................................................................... 24 SCHEDULEOF SUBCONTRACTORS...............................................................................................................................................26 SCHEDULE OF EQUIPMENT AND MATERIALS........................................................................................................................... 27 SALES TAX RECOVERY PROGRAM SPECIAL CONDITIONS..................................................................................................... 28 CERTIFICATEOF ENTITLEMENT................................................................................................................................................... 31 SWORN STATEMENT UNDER SECTION 287.133(3)(a)................................................................................................................. 33 DRUGFREE WORKPLACE................................................................................................................................................................ 35 TRENCHSAFETY AFFIDAVIT.......................................................................................................................................................... 36 QUESTIONNAIRE............................................................................................................................................................................... 37 LISTOF DRAWINGS........................................................................................................................................................................... 40 AGREEMENT....................................................................................................................................................................................... 41 OPINIONOF ATTORNEY................................................................................................................................................................... 45 PERFORMANCEBOND...................................................................................................................................................................... 46 PAYMENTBOND................................................................................................................................................................................ 48 NOTICE OF COMPLIANCE WITH CHAPTER 556, FLORIDA STATUTES................................................................................... 50 CONTRACTOR'S AFFIDAVIT TO OWNER AND FINAL RELEASE OF LIENS........................................................................... 51 APPLICATION FOR PAYMENT....................................................................................................................................................... 52 BILLOF SALE, ABSOLUTE............................................................................................................................................................... 53 FORMOF FINAL RECEIPT................................................................................................................................................................ 54 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT- TABLE OF CONTENTS ............................. 55 SUPPLEMENTARYCONDITIONS..................................................................................................................................................106 REQUEST FOR PROOF OF WORKERS COMPENSATION INSURANCE OR EXEMPTION .................................................... 109 WORKERS COMPENSATION EXEMPTION AFFIDAVIT............................................................................................................110 WELLINGTON LOCAL PREFERENCE AFFIDAVIT..................................................................................................................... III RESIDENT PROJECT REPRESENTATIVE.....................................................................................................................................114 GENERAL REQUIREMENTS, SECTION 1000................................................................................................................................117 Page 13 INSTRUCTIONS TO BIDDERS - TABLE OF CONTENTS ARTICLE1. DEFINED TERMS....................................................................................................................................................5 ARTICLE 2. COPIES OF BIDDING DOCUMENTS....................................................................................................................5 ARTICLE 3. QUALIFICATIONS OF BIDDERS...........................................................................................................................5 ARTICLE 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE..............................................................................6 ARTICLE 5. MANDATORY PREBID MEETING........................................................................................................................7 ARTICLE6. SITE AND OTHER AREAS.....................................................................................................................................7 ARTICLE 7. INTERPRETATIONS AND ADDENDA..................................................................................................................7 ARTICLE8. BID SECURITY........................................................................................................................................................8 ARTICLE9. CONTRACT TIME....................................................................................................................................................8 ARTICLE10. LIQUIDATED DAMAGES......................................................................................................................................8 ARTICLE 11. MATERIALS; SUBSTITUTE OR "OR -EQUAL ITEMS.........................................................................................8 ARTICLE 12. SUBCONTRACTORS, SUPPLIERS AND OTHERS..............................................................................................9 ARTICLE 13. PREPARATION OF BID AND BID FORM.............................................................................................................9 ARTICLE14. VARIANCES...........................................................................................................................................................10 ARTICLE 15. VENDOR SERVICE REPRESENTATIVE............................................................................................................10 ARTICLE 16. SUBMISSION OF BIDS..........................................................................................................................................10 ARTICLE 17. MODIFICATION AND WITHDRAWAL OF BIDS..............................................................................................10 ARTICLE18. OPENING OF BIDS................................................................................................................................................10 ARTICLE 19. BIDS TO REMAIN SUBJECT TO ACCEPTANCE...............................................................................................11 ARTICLE 20. ADDITIONAL TERMS AND CONDITIONS........................................................................................................ I I ARTICLE 21. RESPONSIVE AND RESPONSIBLE BIDDER.....................................................................................................I I ARTICLE 22. EVALUATION OF BIDS AND AWARD OF CONTRACT..................................................................................I I ARTICLE23. BID TABULATIONS..............................................................................................................................................12 ARTICLE 24. DISQUALIFICATION OF BIDDER.......................................................................................................................12 ARTICLE 25. CONTRACT SECURITY........................................................................................................................................12 ARTICLE26. SIGNING OF AGREEMENT..................................................................................................................................13 ARTICLE27. DISPUTES...............................................................................................................................................................13 ARTICLE 28. LICENSES, PERMITS, AND CERTIFICATION...................................................................................................13 ARTICLE29. PREPARATION EXPENSE....................................................................................................................................13 ARTICLE 30. QUANTITIES..........................................................................................................................................................13 ARTICLE31. NON-COLLUSION.................................................................................................................................................14 ARTICLE 32. CODE OF ETHICS..................................................................................................................................................14 ARTICLE 33. CONFLICT OF INTEREST....................................................................................................................................14 ARTICLE 34. DRUG FREE WORKPLACE PROGRAMS...........................................................................................................14 ARTICLE35. EEO STATEMENT.................................................................................................................................................14 ARTICLE 36. LEGAL REQUIREMENTS.....................................................................................................................................14 ARTICLE 37. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT.........................................................14 ARTICLE 38. NON-APPROPRIATIONS......................................................................................................................................14 ARTICLE 39. FLORIDA PUBLIC RECORDS ACT AND CONTRACT CONTENT OWNERSHIP..........................................15 ARTICLE 40. HOURS OF OPERATION FOR RECEIPT OF BIDS.............................................................................................15 ARTICLE 41. HOURS OF OPERATION FOR PURCHASING DEPARTMENT........................................................................15 ARTICLE42. CONE OF SILENCE...............................................................................................................................................15 Page 14 INSTRUCTIONS TO BIDDERS INTENT: The intent of solicitation is to secure a pavement contractor(s) for Wellington's Annual Pavement Programs. The work generally consists of three (3) activities: 1) Section A — Asphalt Milling and Resurfacing and 2) Section B — Pathway Resurfacing and 3) Section C — Seal Coating. Contactor shall provide all labor, equipment, tools and materials to complete the work. Contractor shall be responsible for removal and disposal of existing pavement, supply and delivery of new materials, maintenance of traffic, and coordination of activities and miscellaneous activities required to provide a for a complete, turnkey finished product. The selected awardee(s) shall be bound by all terms, conditions, and requirements in these documents and is hereby placed on notice that acceptance of this bid by Wellington shall constitute a binding contract. Wellington intends to award a primary and secondary awardee for Sections A, B and C. Contractors may submit proposals for all Sections or only for one (1) Section. ARTICLE 1. DEFINED TERMS. 1.1 Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.2 Wellington objects to and shall not consider any additional terms or conditions submitted by a Bidder, including any appearing in documents attached as part of any response. In submitting its response, the Bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with the solicitation requirements, specifications, terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a bid or response. ARTICLE 2. COPIES OF BIDDING DOCUMENTS. Bidder shall submit one original and one PDF (CD) copy of the following bid to be considered. 2.1 Complete sets of the Bidding Documents in the number and for the cost, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Wellington Purchasing Division or downloaded from www.DemandStar.com. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Public Works Roads Supervisor assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Public Works Roads Supervisor in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 2.4 AutoCad files and/or raw data will not be provided for use in preparing Bids. ARTICLE 3. QUALIFICATIONS OF BIDDERS. 3.1 To demonstrate Bidder's qualifications to perform the Work, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Contractors shall be a licensed certified general contractor for the section(s) in which the contractor is submitting a proposal and shall have a minimum of 10 years' experience with similar work for public agencies in Palm Beach County. Contractor shall not have received an unsatisfactory performance rating from the Village of Wellington in the past three (3) years. B. References from a minimum of five (5) other project owners for comparable projects within the past 5 years. C. The Owner reserves the right to request a Bidder under consideration for award to furnish a confidential certified financial statement, current within the past quarter, which must be a complete report of the financial resources and liabilities or as otherwise requested by the Owner. Regardless of the foregoing, such information will be subject to F.S. 119.01, et seq. 3.2 Competency Requirements. Bids will be considered only from firms which are regularly engaged in the business of providing the contracting services as described in this Invitation to Bid and who can produce evidence that they have established a satisfactory Page 15 record of performance for a reasonable period of time; have sufficient financial support, sufficient personnel, equipment and organization to insure that they can satisfactorily perform the construction of the project if awarded a Contract under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well - established company in line with the best business practices in the industry and as determined by the proper authorities of the Owner. Pre -award inspection of the Bidder's facility may be made prior to award of Contract. ARTICLE 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE. 4.1 Subsurface and Physical Conditions A. Reports and drawings, if any, will be attached to the Contract Documents. Such reports and drawings may include: (1) Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. (2) Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents. Unless otherwise set forth in the Supplementary Conditions, there is no "technical data" in any of the reports and drawings that may be relied upon by the Contractor. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.2 Underground Facilities Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Public Works Roads Supervisor by owners of such Underground Facilities, including Owner or others. 4.3 Hazardous Environmental A. Reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site, if any, will be attached to the Contract Documents. B. Copies of reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents. Unless otherwise set forth in the Supplementary Conditions, there is no "technical data" in any of the reports and drawings that may be relied upon by the Contractor. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.4 Costs for such documents will be based on current rates for reproduction and will not be eligible for any refund. 4.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the site which was not shown or indicated in the Drawings or Specifications or identified in the Bidding Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of such activities. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.7 It is the responsibility of each Bidder before submitting a Bid, to: Page 16 A. Examine and carefully study the Bidding Documents thoroughly and other related data identified in the Bidding Documents; B. Visit the site to become familiar with and satisfy Bidder as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work; C. Become familiar with and satisfy Bidder as to all federal, state and local Laws, rules, regulations, codes, ordinances, directives and guidelines that may affect cost, progress, performance or furnishing of the Work; D. Carefully study all identified reports, tests and drawings related to surface, subsurface and physical conditions and Hazardous Environmental Conditions, if any; E. Consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the site; the Bidding Documents; and the identified Site -related reports and drawings, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; F. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. Become aware of the general nature of the work to be performed by Owner and others, if any, at the Site that relates to the Work; H. Promptly give Public Works Roads Supervisor written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Public Works Roads Supervisor is acceptable to Bidder; and I. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, that Bidder has given Public Works Roads Supervisor written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Public Works Roads Supervisor are acceptable to Bidder, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 5. MANDATORY PREBID MEETING 5.1 Not Applicable ARTICLE 6. SITE AND OTHER AREAS. 6.1 Identified Sites will be throughout City limits is identified in the Bidding Documents and pre -bid meeting. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7. INTERPRETATIONS AND ADDENDA. 7.1 All questions about the meaning or intent of the Contract Documents are to be directed, in writing, to the Owner attention to the Purchasing Department as provided in the advertisement/Invitation to Bid (unless another issuing office is designated in the advertisement/Invitation to Bid). Interpretations or clarifications considered necessary by the Public Works Roads Supervisor in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by issuing office as having received the Bidding Documents. Questions received less than 10 days prior to the date set for the opening of bids may not be answered. Page 17 Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. The deadline to submit questions or request clarifications is June 11, 2012 6:00 am. local time. 7.2 Submission of a Bid constitutes acknowledgment by the Bidder of the receipt of Addenda. All Addenda are a part of the Bid documents and each Bidder will be bound by such Addenda, whether or not received by him. It is the responsibility of each Bidder to verify that he has received all Addenda issued before Bids are opened. 7.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or the Public Works Roads Supervisor. ARTICLE 8. BID SECURITY. 8.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions and section 287.0935, Florida Statutes and made payable to Wellington. 8.2 The Bid security of the Successful Bidder shall be retained until such Bidder has executed the Contract Documents and furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within fifteen days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award and the Bid security of the Bidder shall be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 121st day after the posting of the recommended award, whereupon Bid security furnished by such Bidders will be returned. Bid security of other Bidders whom Owner believes do not have a reasonable change of receiving the award, will be returned within seven days after the Bid opening. ARTICLE 9. CONTRACT TIME. 9.1 This contract term is for the duration designated for this Project in the bid form. If Contract Times are left blank in the Bid Form, the time for Substantial Completion and Final Completion are to be set forth by Bidder in the Bid and will be included in the Agreement. The times will be taken into consideration by Owner during the evaluation of Bids, and it will be necessary for the Successful Bidder to satisfy Owner of Bidder's ability to achieve Substantial Completion and Final Completion within the times designated in the Bid. ARTICLE 10. LIQUIDATED DAMAGES. 10.1 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11. MATERIALS; SUBSTITUTE OR "EQUIVALENT". 11.1 All materials supplied by the Contractor under the provisions of this Bid shall be new materials of the kind and character called for in the plans and Specifications. Defective equipment or material damages in the course of installation or tests shall be replaced or repaired in a manner satisfactory to the Owner. All materials and equipment to be furnished under this Bid shall be the standard product of a manufacturer regularly engaged in the production of such material and shall be the manufacturer's current standard design. 11.2 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Public Works Roads Supervisor, written application for such acceptance must be received by Public Works Roads Supervisor, application for such acceptance will not be considered by Public Works Roads Supervisor until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Public Works Roads Supervisor is set forth in Paragraphs 6.05 of the General Conditions and may be supplemented in Section 01000: General Requirements. Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Public Works Roads Supervisor's decision of approval or disapproval of a proposed item will be final. If Public Works Roads Supervisor approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. Page 18 ARTICLE 12. SUBCONTRACTORS, SUPPLIERS AND OTHERS. 12.1 If the Bid Form or Specifications require (or if Owner requests after Bids are received) the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening (or seven days after request by Owner) submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualifications for each Subcontractor, Supplier, person or organization if requested by Owner. Subcontractors shall be required to meet the Competency of Bidder and References requirements set forth in the General Information section of the Contract Documents. If Owner or Public Works Roads Supervisor after due investigation has reasonable objection to any proposed Subcontractor, Supplier, or other person or organization, either may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. 12.2 If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Public Works Roads Supervisor does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and the Public Works Roads Supervisor subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. All subcontractors, suppliers and other persons and organizations proposed for those portions of the work shall be properly licensed to perform such work. 12.3 No Contractor shall be required to employ any Subcontractor, Supplier, other person, or organization against whom Contractor has reasonable objection. ARTICLE 13. PREPARATION OF BID AND BID FORM. 13.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from the Owner (or the issuing office). Bid submittals must be made on the blank forms provided herein. All blank spaces in the Bid form must be filled in, regardless of whether quantities are shown, and no change shall be made either in the phraseology of or in the items mentioned in the Bid form. 13.2 All blanks on the Bid Form must be completed in ink or by typewriter. 13.3 Each bid form shall specify a unit price written in figures for each of the separate items as called for, except when the Bid calls for a lump sum. Lump sum Bids shall be shown in figures. 13.4 Any Bid submittal which does not contain prices set opposite each of the items for which there is a blank space will be cause for rejection. Any items not bid upon shall be indicated "NO BID" in place of the price. Any Bid which in any manner fails to conform to the conditions of the published notice will be cause for rejection. 13.5 In the event of an extension error, the unit price will prevail and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Bidder's total offer will be corrected accordingly. If there is a conflict, words take precedence over figures. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 13.6 Bids by corporations or such entities such as, but not limited to a Limited Liability Company must be executed in the corporate name by the president, vice-president or manager (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary, if applicable. The corporate address and state of incorporation must be shown below the signature. 13.7 Bids by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. Bids by Limited Liability Companies must be executed in accordance with their corporate documents. Bids by an individual must be signed by the individual and include the primary mailing address of the individual. 13.8 All names must be typed or printed below the signature. Bids must be signed in ink by the Bidder with the signature in full. 13.9 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 13.10 The address and telephone number for communications regarding the Bid must be shown. Page 19 13.11 Bids that contain any omission, erasure, alteration, addition, or item not called for, or that show irregularities of any kind, will be considered as informal or irregular. This will be cause for the rejection of a Bid. 13.12 If a Bidder wishes to change unit prices prior to Bid submission, they shall strike the unit price and add the changes in the appropriate space. Changes shall be initialed by the person submitting the Bid. Any changes or alteration of unit prices in the Bid shall be initialed. Failure to initial these changes or illegible entries of corrections or unit prices may be cause for the rejection of the Bid as informal or irregular. ARTICLE 14. VARIANCES. 14.1 The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the Specifications for the Contract being bid. For purposes of Bid evaluation, Bidder must indicate any variances to the Contract Documents, including but not limited to, Specifications, terms and conditions, no matter how slight. If variations are not stated in the Bid, it shall be construed that the Bid fully complies with the Bidding Documents, including but not limited to, Specifications, terms and conditions as given herein. ARTICLE 15. VENDOR SERVICE REPRESENTATIVE. 15.1 The Bidder must submit with its Bid the name, address and phone number of the person(s) to be contacted for the placement of an order and coordination of service. A contact for regular work -hours and after-hours, weekends, and holidays must be submitted with the Bid. ARTICLE 16. SUBMISSION OF BIDS. 16.1 Bids shall be submitted no later than at the date and time prescribed and at the place indicated in the Advertisement /Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Bid Number (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation ITB #77-12/ENR enclosed for Annual Asphalt Milling &, Resurfacing.to be opened at 10:00 am. local time, on June 14, 2012 on the face of it. 16.2 It is the sole responsibility of the Bidder to ensure that the Bid reaches the Clerk's Office on or before the closing date and time. The Owner shall in no way be responsible for delays caused by any occurrence or excuse. Offers by telephone, telegram or facsimile will not be accepted. The Bid time shall be scrupulously observed. Under no circumstances shall Bids delivered after the date and time specified be considered. Such Bids will be returned unopened to the Bidder. 16.3 All Bids must be submitted with one (1) original and one PDF (CD) copy. 16.4 The submission of a Bid shall constitute an incontrovertible representation by the Bidder that the Contract Documents are sufficient in scope and detail to indicate and convey a clear understanding of all terms and conditions for performance. 16.5 Failure to provide the required documentation and information with the Bid submitted shall make the Bidder nonresponsive unless the Owner, in its sole discretion and in the best interests of the Owner, determines the acceptability of the materials and value Public Works Roads Supervisor offered through documentation and information available within Wellington as of the date and time of the Bid opening. ARTICLE 17. MODIFICATION AND WITHDRAWAL OF BIDS. 17.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to date and time set for the opening of Bids. Any Bid not so withdrawn shall, upon opening, constitute an irrevocable offer until one or more of the Bids have been duly accepted by the Owner. 17.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. 17.3 A Bidder shall not be allowed to modify its Bid after the opening date and time except as otherwise set forth herein. ARTICLE 18. OPENING OF BIDS. 18.1 Bids will be opened publicly as indicated in the Advertisement or Invitation to Bid. Page110 18.2 When Bids are opened publicly they will be read aloud, and the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids. 18.3 Bid files may be examined during normal working hours, after Bid opening, by appointment and pursuant to Florida Statutes. ARTICLE 19. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All Bids will remain subject to acceptance for 120 days after the posting of the intended recommended award, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. ARTICLE 20. ADDITIONAL TERMS AND CONDITIONS. 20.1 No additional terms and conditions included with the Bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this Bid, whether submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, Specifications, literature, price lists or warranties. It is understood and agreed that these Instructions, the General and Supplementary Conditions and the Specifications in this Bid solicitation are the only conditions applicable to this Bid and the Bidder's authorized signature affixed to the Bid form attest to this. ARTICLE 21. RESPONSIVE AND RESPONSIBLE BIDDER. 21.1 Only those Bidders considered both responsive and responsible shall be considered for award of a Contract by the Owner. A responsive Bidder shall be a person, firm, partnership, or corporation or other entity who has submitted a Bid, which conforms in all material respects to the Contract Documents and the requirements of the Bidding Document. A responsible Bidder shall be a person, firm, partnership, corporation or other such entity who has the capability in all respects to perform fully the Contract Document requirements and has the integrity and reliability which will assure the good and faithful performance of the Contract. ARTICLE 22. EVALUATION OF BIDS AND AWARD OF CONTRACT. 22.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to the Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet the Competency of Bidder and Reference requirements set forth herein or fails to meet any other pertinent standard or criteria established by Owner. 22.2 In evaluating Bids, Owner will consider the qualifications, competency and references of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 22.3 Owner may consider the qualifications, competency, and experience of Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in Supplementary Conditions (or as requested by Owner after the Bids are received). Owner also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 22.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 22.5 If the Contract is to be awarded, it will be awarded to the lowest, responsive and responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project and subject to Owner's Local Preference Policy (Resolution R2009-91) The Owner may consider any substitutions or alternates in the determination of the lowest Bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the low Bidder and the Owner is satisfied that the Bidder is qualified to provide and construct the project to the satisfaction of the Owner. No Bid shall be accepted from, nor will any Contract be awarded to any Bidder who is in arrears to the Owner upon any debt or Contract or who is a defaulter as surety or otherwise upon any obligation to the Owner or who has failed to perform faithfully any previous Contract with the Owner or other party as determined by the Owner. 22.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 120 days after the posting of the recommended award. Page 111 22.7 When Bidder is permitted to designate the Contract Time, Bid prices will be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. 22.8 The successful Bidder, who is awarded the contract, shall be required to furnish a 100% Construction Performance Bond and a 100% Construction Payment Bond meeting the requirements of Section 255.05 Florida Statutes. ARTICLE 23. BID TABULATIONS 23.1 Bid tabulations with recommended awards will be posted for review at the offices of the Clerk, 12300 W. Forest Hill Boulevard, Wellington, Florida and DemandStar, and will remain posted for a period of 72 hours. Bid tabulations will be furnished upon written request with an enclosed, self-addressed, stamped envelope. Bid tabulations will not be provided by telephone. The Purchasing Department is the only Wellington department authorized to give information about or make Bid awards. 23.2 Tie Bids may be awarded to one of the qualified Bidders based on the criteria, in the following order: a) Local Preference Policies (Resolution R2009-91) b) If Local Preference Policies are not applicable, then: i) Availability or completion period ii) Previous Contractor Record iii) Drug Free Workplace c) If all conditions are equal, the award shall be determined by drawing lots or flip of a coin, as determined by Wellington's Purchasing Department. ARTICLE 24. DISQUALIFICATION OF BIDDER 24.1 Bidder may be disqualified and its Bid rejected for any of the following: a) Bidder does not meet the Competency of Bidder and Reference requirements set forth herein. b) Reason to believe that collusion exists among or between Bidders c) Unbalanced Bid; that is, Bid in which the prices bid for some items are out of all proportion to those Bids of others. d) Bidder's uncompleted workload, which in the judgment of the Owner, may cause detrimental impact or impair the prompt completion of this Contract. e) Lack of responsibility on the part of Bidder, (for example, no Bidder would be considered responsible who had failed to carry out any Contract in which the Owner had been directly or indirectly concerned), or to which Bidder failed to perform on other projects. f) A determination by Owner of the Contractor's lack of experience or lack of competency as may be revealed by qualification statements, financial statements, experience records, references, or other questionnaires. g) Substantial evidence of bad character or dishonesty. h) Bidder is involved in any current litigation with Owner. i) Bidder has defaulted on any contract or is in arrears on any contract. j) Unsatisfactory performance evaluation from Wellington in the past three (3) years. 24.2 RESERVATIONS: Wellin-ton expressly reserves the rip-ht to: a) Specify approximate quantities in the bid b) Extend the bid opening date and time c) Consider and accept alternate bids, if specified in the bid documents, when most advantageous to Wellington d) Add additional terms or modify existing terms in the bid; e) Reject or cancel any or all bids; f) Reissue a bid; and/or g) Procure any item by other means ARTICLE 25. CONTRACT SECURITY. Page 112 25.1 Article 5 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. When the successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds. Performance and Payment bonds are required for this Project. ARTICLE 26. SIGNING OF AGREEMENT. 26.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter, the Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. In the event the successful Bidder fails to execute the Contract and return same to the Owner within the stipulated fifteen (15) days, the Owner may disqualify the Bid, and said Bidder shall not be permitted to contest to the contrary and does waive such right upon submitting a Bid. ARTICLE 27. DISPUTES 27.1 Any actual or prospective Bidder, Proposer, or Contractor who is aggrieved in connection with a solicitation or award of a Bid or contract may avail themselves of the procedures contained in Section 2-335 of the Wellington Code of Ordinances as amended for time to time and the Owner's Purchasing and Procurement Manual in order to resolve disputed matters or complaints. 27.2 The Owner shall post a tabulation of the Bid results with intended award recommendations. Posting shall be in the Clerk's Office and shall be on display for public viewing. All Bidders, Proposer, Offeror or Contractors affected by the proposed award of contract will also be notified by the Owner at the time of posting, via telefax or other means, of the intended award. 27.3 Any actual or prospective Bidder, Proposer, Offeror, or Contractor who is aggrieved in connection with the solicitation or award of contract may file a written protest to the Clerk's Office between the hours of 7:00 a.m. and 6:00 p.m. (Monday — Thursday) Protests shall contain the name, address, and phone number of the petitioner, name of petitioner's representative (if applicable), the name and bid number of the solicitation. The protest shall specifically describe the subject matter, facts giving rise to the protest and also the action requested from the Owner. 27.4 The written protests must be received no later than 72 consecutive hours (excluding Fridays, Saturdays, Sundays and legal holidays) from the time of initial posting. Failure to file a timely formal written protest within the time period specified shall constitute a waiver by the vendor of all rights of protest under this Bid/Proposal Protest Procedure. 27.5 In the event of a timely protest, the Owner shall not proceed further with the solicitation or with the award of the bid/contract until all administrative remedies have been exhausted or until the Owner determines that the award of the bid/contract without delay is necessary to protect the public health, welfare or safety. ARTICLE 28. LICENSES, PERMITS, AND CERTIFICATION. 28.1 It shall be the responsibility of the Contractor to obtain at no additional cost to the Owner any and all licenses and permits required to complete this Contractual service. 28.2 When applicable, vendor must hold a Certificate of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing. 28.3 An Occupational License obtained from Wellington shall be required of any person maintaining a permanent business location or branch office within Wellington. Applications and fee schedules may be obtained from Wellington, Planning, Zoning, Building & Code Compliance Departments, 12300 Forest Hill Boulevard, Wellington, Florida 33414. Call the PZB Office at 561- 753-2430 for assistance and additional information. 28.4 A copy of any licenses and permits shall be submitted with the Bid and must be in the name of the vendor shown on the Bid submittal. ARTICLE 29. PREPARATION EXPENSE. 29.1 Neither the Owner nor its representatives will be liable for any expenses incurred in connection with the preparation of any Bid. ARTICLE 30. QUANTITIES. Page113 30.1 In the case of unit price items, the quantities of materials to be furnished under this Contract, as given in the Bid, are to be considered as approximate only and are to be used solely for the comparison of Bids received. The Owner nor its representatives does not expressly or by implication represent that the actual quantities involved will correspond exactly therewith; nor shall the Bidder place misunderstanding or deception because of such estimate or quantities. Payment to the Contractor will be made only for the actual quantities of material furnished in accordance with the Contract Documents, and it is understood that the quantities may be increased or diminished as provided in the General Conditions without in any way invalidating any of the unit prices Bids. ARTICLE 31. NON -COLLUSION. 31.1 Bidder certifies that this Bid is made without prior understanding, agreement, or connection with any individual, firm, partnership, corporation or other entity submitting a Bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates, or gratuities are permitted with, prior to, or after any delivery of material or provisions of services. Any violation of this provision may result in Contract cancellation, return of materials or discontinuation of services, and the possible removal of Bidder from the vendor Bid list(s). ARTICLE 32. CODE OF ETHICS. 32.1 If any Bidder violates or is a party to a violation of the Code of Ethics of the Owner and/or of the State of Florida with respect to this Bid, such Bidder may be disqualified from performing the work described in this Bid or from furnishing the goods or services for which this Bid is submitted and may be further disqualified from bidding on any future Bids for work or for goods or services for the Owner. A copy of Wellington's and the State of Florida's ethics codes are available at the Clerk's Office, 12300 Forest Hill Boulevard, Wellington, Florida, 33414. ARTICLE 33. CONFLICT OF INTEREST. 33.1 The award is subject to any and all applicable conflict of interest provisions found in the policies or Code of Ordinances of Wellington and found in the Florida Statutes. All Bidders must disclose with their Bid the name of any officer, director, or agent who is also an employee of Wellington. Further, all Bidders must disclose the name of any Wellington employee who owns, directly or indirectly an interest of 5% or more in the Bidder's legal entity or any of its affiliates, subsidiaries or branches in accordance with Florida Statutes. ARTICLE 34. DRUG FREE WORKPLACE PROGRAMS. 34.1 Preference may be given to businesses with Drug -Free Work Place Programs. Whenever two or more Bids which are equal with respect to price, quality, and service are received by the Owner for the procurement of commodities or contractual services, a Bid received from a business that completes the attached DFW form certifying that it is a DFW may be given preference in the award process. ARTICLE 35. EEO STATEMENT. 35.1 The Owner is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, age, and sex. ARTICLE 36. LEGAL REQUIREMENTS. 36.1 Federal, State, County and Owner laws, ordinances, rules, codes, guidelines, directives and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. ARTICLE 37. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT. 37.1 The Bidder certifies that all equipment and materials contained in this Bid shall meet all O.S.H.A. requirements. Bidder further certifies that, if it is the successful Bidder and the equipment and/or materials delivered are subsequently found to be deficient in any O.S.H.A. requirements in effect on the date of delivery, all costs necessary to bring the equipment and/or materials into compliance with the aforementioned requirements shall be borne by the Bidder. ARTICLE 38. NON -APPROPRIATIONS. Page 114 38.1 The obligations of the Owner to make a Bid award and sign an agreement under the terms of this "Invitation to Bid" are contingent upon funds lawfully appropriated for this purpose. Should funds not be appropriated for this purpose, the Owner, at its sole discretion, shall have the right to reject all Bids. ARTICLE 39. FLORIDA PUBLIC RECORDS ACT AND CONTRACT CONTENT OWNERSHIP. 39.1 All material submitted regarding this Bid becomes the property of the Owner. Bids may be reviewed by any person thirty (30) days after the public opening or after Notice of Intent is issued, whichever is first. Bidder should take special note of this as it relates to any proprietary information that might be included in their offer. Any resulting contract may be reviewed by any person after the contract has been executed by the Owner. The Owner has the right to use any or all information/material submitted in response to this bid and/or any resulting contract from the same. Disqualification of a Bidder does not eliminate this right. ARTICLE 40. HOURS OF OPERATION FOR RECEIPT OF BIDS. 40.1 All bids must be received in the Wellington Clerk's Office, 12300 Forest Hill Boulevard, Wellington, Florida 33414. The Clerk's Office shall be open and available for the receipt of bids according to the following schedule. Bids may be submitted Monday through Thursday from 7:00 a.m. to 6:00 p.m. The Clerk's Office is closed and unavailable for the receipt of bids on Fridays, Saturdays, Sundays, and legal holidays. ARTICLE 41. HOURS OF OPERATION FOR PURCHASING DEPARTMENT. 41.1 Wellington's Purchasing Department is available to provide bid clarifications and interpretations, answer questions and inquiries, and fulfill requests for information, during regular hours of operation. Those regular hours of operation are Monday through Thursday from 7:00 a.m. to 6:00 p.m. The Purchasing Department is closed on Fridays, Saturdays, Sundays, and legal holidays. ARTICLE 42. CONE OF SILENCE. 42.1 From the time of advertising until an award of the bid, any Bidder or any of their representatives or agents are prohibited from any communication with the Wellington Manager and Wellington Council members. All communication shall be restricted to the Purchasing Department. This does not apply to oral presentations before Selection Committees, contract negotiations, or public presentations made to the Wellington Council during any duly noticed public meeting. Violation of these provisions shall cause any Bid proposal to be rejected or any Bid award voidable. ARTICLE 43. PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL 43.1 In accordance with Palm Beach County ordinance number 2011-009, the offeror understands that any Contract that results from this RFP may be subject to investigation and/or audit by the Palm Beach County Inspector General. The offeror has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. END OF SECTION Page 115 TRAFFIC CONTROL & MAINTENANCE 1. The Maintenance of Traffic Plan and all traffic warning and control devices shall conform to the applicable provisions of the latest editions of the national "Manual On Uniform Traffic Control Devices" (MUTCD), and the 600 series of the Florida Department of Transportation's "Roadway and Traffic Design Standards," the Florida Department of Transportation Standard Specifications for Road and Bridge Construction," the Florida Department of Transportation "Plans Preparation Manual," and the "Manual of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and Highways." The MOT Plan shall be prepared by a Florida MOT Certified Technician if FDOT standard details are used. If FDOT standard details are not used, a Professional Public Works Roads Supervisor licensed in Florida shall prepare the MOT Plan. MOT Plans shall be submitted to appropriate agencies for approval. 2. There will be no separate payment for the fee for Engineering Services, if required. 3. The CONTRACTOR, at all times, shall conduct the work in such a manner as to insure the least obstruction to traffic as is practical. The safety and convenience of the general public and of the businesses adjacent to the work shall be provided for in a satisfactory manner, as determined by the PUBLIC WORKS ROADS SUPERVISOR, and/or Wellington. 4. Streets shall not be closed, except in accordance with the approved MOT plan, and whenever the street is not closed, the work must be conducted with the provision for a safe passageway for vehicular and pedestrian traffic at all times. The CONTRACTOR shall make all necessary arrangements with Wellington and PUBLIC WORKS ROADS SUPERVISOR concerning maintenance of traffic and selection of detours required. 5. As applicable, The CONTRACTOR shall submit to PUBLIC WORKS ROADS SUPERVISOR for submittal to Wellington, for review and approval, a Conceptual Traffic Control Plan at the Prework Conference, identifying the phases of construction that the CONTRACTOR plans to proceed with and identifying traffic flows during each phase. When the conceptual Traffic Control Plan has been approved, the CONTRACTOR shall prepare and submit for review to PUBLIC WORKS ROADS SUPERVISOR for submittal to Wellington, a detailed Traffic Control Plan for each phase of the work, indicating the proposed location of construction signs, channelizing devices, temporary pavement markings and symbols, lighting devices, barrier walls, modifications to traffic signals and all other required devices as applicable. The detailed plan shall be reviewed by Wellington and other governmental agencies having jurisdiction with all comments forwarded to the CONTRACTOR. No work within the public right-of-way shall commence until the detailed M.O.T. plan has been approved in writing by all governmental agencies having jurisdiction. Upon the start of construction, the CONTRACTOR shall comply with all provisions of the detailed Maintenance of Traffic Plan. In the event of non-compliance by the CONTRACTOR, Wellington will have the authority to order the CONTRACTOR to cease construction operations without compensation of time or money until the violations have been corrected. 6. Barricades, Lights and Cones - All barricades shall utilize high intensity sheeting. When cones are used they shall be a minimum thirty-six (36) inches high with a six (6) inch wide white band placed a minimum of three (3) inches but not more than four (4) inches from the top of the cone. An additional four (4) inch band should be placed a minimum of two (2) inches below the six (6) inch band. Barricades and lights shall be maintained daily. All Type III barricades shall have two (2) Type "A" flashing lights on each barricade. When extremely hazardous conditions exist, two (2) Type `B" flashing lights shall be used. Extremely hazardous conditions shall be determined by Wellington Public Works Department. 7. Flag Person and Vests — The flagmen shall be trained in the proper manner as set forth in the MUTCD and certified as per Section 102 F.D.O.T. Specifications for Road and Bridge Construction. Each flagger shall have a certification card on them when flagging. Certification cards shall have the flagger's name, date of certification and expiration date. All construction personnel shall wear a high visibility orange vest when working within the right-of-way (Class 2 or 3 per MUTCD). Ensure that these vest/garments be worn whenever workers are within the right-of-way. Workers operating machinery or equipment in which loose clothing could become entangled during operation are exempt from this requirement. Such exempt workers Page 116 will be required to wear orange shirts or jackets. Require Contractor personnel to wear retro -reflective orange vest/garment during nighttime operations. Replace faded vest/garments. 8. Flashing Arrow Boards — Flashing arrow boards shall be used on any four (4) lane or larger roadway where traffic is being channelized or diverted, or as directed by the Wellington Public Works Department. Flashing arrow boards shall conform to Section 6F-56 M.U.T.C.D. Type `B" or "C" only. Solar arrow boards may be requested by the public works department at any time. 9. Contractor shall keep sufficient cold patch asphalt on the job site to fill pot -holes and to perform other minor pavement maintenance as needed. All highway equipment shall have a Slow Moving Vehicle sign with either a flasher or a beacon operating when the equipment is operating. During peak hours 7:00 A.M. to 9:00 A.M. and 3:00 P.M. to 6:00 P.M. left turn and through lanes shall not be blocked without permission from the Public Works, Roads Supervisor. Any manholes/valves in the travel way shall have 3' of asphalt out from the edge for every I" inch height. 10. When pedestrian movement through or around a worksite is necessary, the Contractor shall provide a separate, safe footpath without abrupt changes in grade or terrain. If one (1) or two (2) pedestrian ways are provided (exist) prior to the start of a project, only one (1) has to be maintained. If no pedestrian ways exist prior to the start of a project, one (1) pedestrian way shall be constructed within the initial thirty (30) calendar days of the project and shall be maintained for the duration of the project. Places where pedestrians are judged especially vulnerable to impact by vehicles, all foot traffic should be separated and protected by longitudinal positive barrier systems. 11. Temporary Traffic Control Plan. (T.T.C.P.) — The Temporary Traffic Control Plan (T.T.C.P.) for traffic control around or through work sites should be developed with safety receiving a high priority. The T.T.C.P. should include protection at work sites when work is in progress and when operations have been halted (such as during the night) or from the time work is completed until the final. Provisions for the protection of work crews, traffic control personnel, pedestrians, and motorists shall be included. The Temporary Traffic Control Plan shall include the following: • T.T.C.P. to be prepared and signed by the Work Site Traffic Supervisor as certified by the American Traffic Safety Services Association (A.T.S.S.A.) • A copy of the signer's certification, contractor's name, and 24 hour phone number of the work site traffic supervisor • North arrow; drawn by; lane usage; type and location of all signs, lights, barricades, striping, barriers, traffic signals; all side -streets; change-overs; sidewalks; R.P.M.'s; pavement markings; school zones; and crosswalks • Plans may be drawn to scale, however dimensions shall be shown • Variable Message Sign (V.M.S.) and the messages • Location and geometry for transitions, detours, and diversions • No change-overs are allowed on Friday, the day before a holiday or during A.M. or P.M. peak traffic, and are discouraged at signalized intersections • All plans shall be submitted through the Public Works Division 12. The T.T.C. Plan approval is as follows: A. 1 to 7 days for most plans B. 7 days when a signal or flasher is involved C. 10 days for a traffic switch or for road closures Time may vary based on the complexity of the T.T.C.P. Consideration should be given to these time frames when scheduling the work. Public Works Division will handle all news releases, notifying police, fire, etc. The T.T.C. Plan is good for 60 days. If the T.T.C.P. has not been implemented by then, a new approval will be required. T.T.C.P. must have dates and times of operation requested. 13. In no case may the contractor begin work until the T.T.C.P. has been approved in writing by Wellington Public Works Division. Field modifications shall be made with the approval of a representative of the Wellington Public Works Division. 14. Crossings and Intersections — Provide and maintain adequate accommodations for intersecting and crossing traffic. Do not block or unduly restrict any road or street crossing the project unless approved by the Public Works Roads Supervisor. Maintain all existing actuated or traffic responsive mode signal operations for main and side street movements for the duration of the Contract. 15. Flagger— Provide trained flaggers in accordance with FDOT and MUTCD requirements. Page 117 16. Construction — Plan, construct, and maintain detours for the safe passage of traffic in all conditions of weather. Provide the detour, to the Department, with all facilities necessary to meet this requirement. 17. Traffic Control Officer (Non -Mot) — Provide uniformed law enforcement officers, including marked law enforcement vehicles, to assist in controlling and directing traffic through the work zone, when authorized and/or directed by the Public Works Roads Supervisor, and for purposes not covered under the requirements of the Temporary Traffic Control Plans. 18. (Non -Mot) Portable Changeable (Variable) Message Sign (PCMS): Furnish changeable (variable) message sign in accordance with 102-9.9, when authorized and/or directed by the Public Works Roads Supervisor, and for purposes not covered under the requirements of the Temporary Traffic Control Plans. 19. Temporary Pavement Markings: • All temporary pavement markings shall be done in a professional manner without weaves and/or bows. No over - painting shall be allowed. • Temporary R.P.M.'s shall be installed at an 1 inch offset to lane lines, skips, gore or crosshatched area within the work zone. The spacing shall be 40 feet on tangent section and 20 feet on transitions and curves (including edge lines). Damaged or missing R.P.M.'s shall be replaced on a daily basis. The R.P.M.'s shall have a maximum width of 5 inches and a maximum height of 0.75 inch. The minimum area of each reflective face shall be 3.50 square inches. R.P.M.'s shall be bonded to the pavement or concrete with epoxy or alkyd thermoplastic, no bituminous adhesive shall be used. • Temporary pavement markings shall be applied to the intermediate asphalt course, and shall consist of foil -backed tape, paper tape or paint meeting both State and County specifications. • Temporary pavement markings shall also be applied to the final asphalt course unless otherwise directed by the Public Works Department. All final course pavement markings shall consist of foil -backed tape. The temporary pavement markings shall be installed in accordance with the typicals in the General Provisions. • All temporary tape skip -line pavement markings shall be at least four (4) feet in length with a maximum gap of thirty-six (36) feet. A two (2) foot stripe with a maximum gap of eighteen (18) feet may be used for roadways with severe curvature, or as directed by the Wellington Public Works Department. • All painted lines shall conform to size and color requirements of the M.U.T.C.D., Part III. The thickness shall not be less than fifteen (15) mils with six (6) to six and one quarter (6'/a) pounds of beads per gallon of paint. Both shall be applied uniformly. All painted lines shall be refurbished if at any time the reflectively falls below 150 mini -candles. A normal width Iine is 6" paint or tape. • Black -out shall not be used to obliterate pavement markings. Existing pavement markings that conflict with temporary work zone delineation shall be removed by any method approved by the Public Works Roads Supervisor. • If a school zone exists, it must be maintained including crosswalks, school messages and signs. • It shall be the contractor's responsibility to adjust existing signing, add new signing, and remove or add pavement marking on approaches to the project. 20. Work Zone Raised Pavement Markers (WZRPM's) — Apply all markers in accordance with Palm Beach County Typical T- 01-006, or as otherwise revised. Page118 BID PROPOSAL CHECKLIST Please submit your proposal in this order YES NO_ 1. Bid submittal — one (1) original and one (1) PDF (CD) Copy YES_ NO_ 2. Bid Form signed by authorized representative YES_ NO_ 3. Acknowledgment of addendums YES_ NO_ 4. Bid Bond/Security or Cashier's Check YES NO 5. Schedule of Value YES_ NO_ 6. Schedule of Subcontractor/Supplies YES_ NO_ 7. Schedule of Equipment and Materials YES_ NO_ 8. Sworn Statement under Section 287.133(3) (a) YES_ NO_ 9. Drug Free Workplace YES_ NO_ 10. Trench Safety Affidavit YES— NO— 11. Questionnaire YES_ NO_ 12. References YES NO 13. Insurance Certificates YES— NO 14. Copy of Appropriate Licenses YES_ NO_ 15. Proof of Workers Compensation Insurance/Workers Compensation Exemption Affidavit YES NO 16. Local Vendor/Contractor Affidavit Page 119 BID BOND/SECURITY (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON -RESPONSIVE) KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto Wellington, Purchasing Dept., 12300 Forest Hill Boulevard, Wellington, FL 33414 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) of amount bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted a bid for ITB #077-12/ENR Annual Asphalt Milling & Resurfacing NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed Witnesses: By: Page120 Seal Seal BID FORM (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON -RESPONSIVE) PROJECT: ITB 9077-12/ENR Annual Asphalt Milling & Resurfacing Date: BIDDER: THIS BID IS SUBMITTED TO: Wellington Clerk's Office 12300 Forest Hill Boulevard Wellington, FL 33414 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 120 days after the posting of the recommended award. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Addenda Number Date Addenda Number Date Addenda Number (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, Site, locality, and all local conditions, Laws, and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which, if any, are attached to the Contract Documents, as provided in Paragraph 4.02 of the General Conditions, and accepts the determination as set forth in the Bidding Documents of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Page 121 Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given OWNER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by PUBLIC WORKS ROADS SUPERVISOR is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER agrees to perform all the Work described in Contract Documents, subject to adjustments as provided therein, for the Prices BIDDER provides on the Schedule of Values. 5. BIDDER declares it understands that the unit quantities shown on the Bid Form Unit Price Schedule are approximate only and not guaranteed and are subject to either increase or decrease; and that should the quantities of any of the items of Work be increased, the BIDDER agrees to do the additional Work at the unit prices set out herein, and should the quantities be decreased, BIDDER also understands that final payment shall be made on actual quantities completed at the unit prices, and shall make no claims for anticipated profits for any decrease in the quantities. 6. The BIDDER further declares its understands the OWNER may elect to construct only a portion of the Work covered by these Documents and BIDDER agrees to perform that portion of the Work for which BIDDER is awarded a Contract at the unit prices quoted herein. 7. BIDDER agrees that the Work: After receiving notice to commence with the work for a particular project the Contractor shall commence promptly within seventy-two (72) hours and shall efficiently prosecute the work with adequate personnel and equipment until completion, within 30 calendar days, or as designated by the Public Works Road Supervisor or his duly appointed representative. Work hours will be at the discretion of the Public Works Department. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 8. The following documents are attached to and made a condition of this Bid: (a) Required Bid security in the form of Bid Bond. (b) Schedule of Values. (c) List other documents as pertinent. 9. Communications concerning this Bid shall be telephoned or addressed to: Name: Address: Phone No.: Fax: 10. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. 11. BIDDER'S Florida Contractor's License No. 12. BIDDER covenants that it is qualified to do business in the State of Florida and has attached evidence of BIDDER'S qualification to do business in the State of Florida, or if not attached, BIDDER covenants to obtain such evidence within five days of request by OWNER to provide evidence. Page 122 If BIDDER is An Individual Name (SEAL) Signature: _ Doing business as Business Address: Phone Number: A Partnership Firm's Name General Partner Signature: Business Address: Phone Number: A Corporation Corporation's Name _ State of Incorporation Authorized Person: Title: Signature: Attest: Signature: Business Address: Phone Number: Page 123 Fax Number Fax Number Fax Number (SEAL) (Secretary) This form shall be utilized for price proposals by the contractor submitting a bid for the section(s) in which the contractor intends to submit a price proposal. Failure to utilize this form for price proposals may result in the bid being declared non- responsive. Bid Pricing Form SCHEDULE OF VALUES — Section A Se tion A ITEM QTY UNITS UNITPRICE TOTAL 1 MILL EXIT. ASPH.. PAVEMENT (1") 50,000 SY 2 MILL EXIT. ASPH.. PAVEMENT (11/2") 80,000 SY 3 MILL EXISTING PAVEMENT (2") 40,000 SY 4 MILL EXISTING PAVEMENT (3") 40,000 SY 5 MILL EXISTING PAVING ("<than or up to 7 ft. Mill") Minimum of 8 hrs. per day 5 Days 6 MILL EXISTING PAVING ("> 7 ft. Mill") Minimum of 8 hrs, per day 5 Days 7 SP 12.5 (< 200 TON ORDERS) Includes tack coat 300 TN 8 SP 12.5 (>200 TON ORDERS) Includes tack coat 10,000 TN 9 FC 12.5 (<200 TON ORDERS) 300 TN 10 FC 12.5 (>200 TON ORDERS) 10,000 TN 11 SP 9.5 (< 200 TON ORDERS) Includes tack coat 300 TN 12 SP 9.5 ( > 200 TON ORDERS) Includes tack coat 10,000 TN 13 ACSC TYPE S-1 (< 200 TON ORDERS) Includes tack coat 300 TN 14 ACSC TYPE S-1 (> 200 TON ORDERS) Includes tack coat 10,000 TN 15 ACSC TYPE S-III (< 200 TON ORDERS) Includes tack coat 300 TN 16 ACSC TYPE S-III (> 200 TON ORDERS) Includes tack coat 10,000 TN 17 PORTABLE MILLING MACHINE 100 HR 18 ASPHALT OVERBUILD/FULL DEPTH (2" lifts) 3,000 TN 19 F & I PAVEMENT WATERPROOFING FABRIC 10,000 SY 20 PAVEMENT WATERPROOFING FABRIC (Install Owner Supplied Fabric) 10,000 SY 21 BROOM TRACTOR 100 HR 22 EXCAVATION (Subgrade 8" - 12" deep) 2,000 CY 23 8" BASE ROCK (F & 1) and finish grade with prime 4,000 SY 24 12" BASE ROCK IF & 1) and finish grade with prime 4,000 SY 25 MANHOLE ADJUSTMENT (F&I ADAPTER RINGS) (See Exhibit A) 100 EA Page 124 26 ADJUST VALVE BOXES & MISC STRUCTURES 150 EA 27 BOX OUT SHOUDLER (Exhibit B) 100 SY 28 F & I PRIME/MIXTURE FOR EXISTING BASE ROCK 5,000 SY 29 TRAFFIC CONTROL OFFICERS 4 HR Total $ SCHEDULE OF VALUES — Section B Section B ITEM QTY UNITS UNIT PRICE TOTAL 1 ASPHALT MULTI PURPOSE PATHWAYS (6' x 1 1/4" OVERLAY INCLUDING TACK) 2,000 SY 2 ASPHALT MULTI PURPOSE PATHWAYS (8' x 1 1/4" OVERLAY INCLUDING TACK) 2,000 SY 3 ASPHALT PATCHING < 50 TONS 200 TN 4 ASPHALT PATCHING > 50 TONS 200 TN 5 F & I INSTALL TACTILE SURFACE (FDOTAPPROVED) 200 SF 6 F & I STANDARD ROOT BARRIER (36" deep) 1,000 LF 7 MOWING STRIP (F & 1) for guardrail prior to installation 1,000 LF 8 MILL EXSIT. PATHWAY (6' x 1" deep) 1,000 LF 9 MILL EXSIT. PATHWAY (8' x 1" deep) 1,000 LF Total $ SCHEDULE OF VALUES — Section C Section C ITEM QTY UNITS UNIT PRICE TOTAL 1 ASPHALT SEAL COATING (< 3,000 SY) 3,000 SY 2 ASPHALT SEAL COATING (> 3,000 SY) 3,000 SY Total $ BIDDER/CONTRACTOR understands and agrees that this is Unit Price Contract and that contractor will be paid based upon items and quantities actually performed and accepted by Owner. The Contractor is advised that the contract is a unit price contract. As such, the intent of the contract is to include all labor, materials, transportation, equipment, fuel, and all other items necessary to complete the item of work, in the unit price for the item. All items incidental to or necessary for the completion of the bid item shall be included in the unit price for the item. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by Wellington, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule of Values, except to the extent that Wellington changes the scope of Project after the Contract Date. Quantities listed on the Schedule of Values are estimates only and are not to be construed as guaranteed work quantities. Bids will be evaluated based upon the total contract price. Balance of pricing shall be considered by OWNER in determining lowest, responsive, responsible bidder. CONTRACTORS/BIDDERS shall submit balanced bids. Each Section shall be awarded to the lowest, responsive, responsible bidder for that Section. Page 125 STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION It is the intent of these specifications that the Florida Department of Transportation Standard Specifications for Road & Bridge Construction dated 2010 be used as the basis for the work, except as noted herein, and that where such wording which refers to the State of Florida and its Department of Transportation and Personnel, that such wording is intended to be replaced with that wording which would provide proper terminology; thereby, making such Standard Specifications and General Provisions as though they were those Standard Specifications and General Provisions of Wellington. In addition to these Standard Specifications and General Provisions, there will be those General Provisions included which would pertain to the pertinent items of construction. SP & FC SERIES ASPHALITIC CONCRETE: FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION — 2010 SHALL APPLY, EXCEPT FOR: 1) Lot sizes shall not exceed 2,000 tons or the tonnage placed in a single day, whichever is less. 2) Density testing shall be performed in turn lane areas and other miscellaneous areas selected by the owner in addition to through lanes. S SERIES ASPHALITIC CONCRETE: FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION — 2000 1) Passing densities shall be required for turn lanes and other miscellaneous areas required by the Owner, in addition to through lanes. Page 126 Section A — Specifications: 1. All costs for Maintenance of Traffic (MOT) shall be considered incidental to, and shall be included in, unit prices for the pay items. 2. Items 1 and 2, MILL EXIST. ASPH. PAVEMENT (1") and (1 ''/2"), per square yard, are based on a 1" or 1 ''/s" depth of milling. In the event that other milling depths are required, the contract price for Mill Exist. Asph. Pavement will be adjusted in ('/x") increments. FDOT 3. Item 9, PORTABLE MILLING MACHINE, per hour, includes portable milling machine, all labor for actual milling and clean-up and satisfactory disposal of milled material. Payment shall be based upon actual hours for milling and clean-up. Disposal of milled material shall be considered incidental to per hour rate for Portable Milling Machine. 4. Item 11, PAVEMENT WATERPROOFING FABRIC, per square yard, includes fabric and installation and shall conform to Section 518 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2000 Edition; except that the asphalt binder material shall be included in the square yard price for Pavement Waterproofing Fabric, at a target rate of 0.36 gallons per square yard with a tolerance of plus or minus 0.03 gallons per square yard. 5. Item 12, BROOM TRACTOR, per hour, is for use of a broom tractor, as required independently of milling operations and shall include all costs for equipment, operator and transportation of equipment to and from the work site. Required use of a broom tractor for milling clean-up and preparation is incidental to the cost for milling and installation of pavement water proofing fabric. 6. Item 13, EXCAVATION (Prep for base rock) — Includes excavating 8-12" deep and disposal of material off site. 7. Item 15, MANHOLE ADJUSTMENT, each may be accomplished using precast rings or other methods acceptable to the OWNER. • Manhole Adjusting Rings — (Max. 4" on existing structures only) ( See Exhibit A) Section B — Specifications: 1. Item 3 &4, Consists of saw cutting, removal/disposal of existing asphalt, tack coat, and installation of new asphalt prior to installing surface course. 2. Item 8 & 9, Mowing strip 36" wide x 2" thick S-I Section C — Specifications: 1. New asphalt should be allowed to cure at least 3-6 months prior to sealcoat applications. 2. Surfaces must be edged and have any grass removed and swept clean of all loose materials, dirt and dust. 3. All repairs such as holes/broken edges shall be repaired prior to sealing. Cracks ''/z inch or greater will be thoroughly cleaned and filled with an appropriate Hot or Cold crack filler. 4. All grease, oil or gas stains will be treated with an approved oil spot primer and allowed to dry before the sealer application. 5. Pavement sealer shall follow the following mix design, (based on 100 gallons for ease of calculation): • Sealer 100 Gallons • Water 30-40 gallons (30% to 40%) • Silica Sand 300-500 #Ibs (3-5 lbs per gallon) • Polymer Latex added @ 2% (2 gallons) A) Two coats of sealer will be applied by Squeegee or Brush Method. (No spray application will be accepted) allowing a minimum of 2 hours of drying time between coats. B) *Temperatures must be 50 degrees and rising. Do not apply when rain is imminent or forecast. C) *Contractor shall supply a 4-5 gallon sample of Mixed Sealer Emulsion to the Owner/Wellington upon our request for testing at any time during the sealcoating operation. Page 127 General Specifications: 1. MATERIALS Shellrock or recycled, crushed concrete material shall meet the following requirements: Gradation - 100 percent(by weight) of the material shall pass a 3 inch sieve, with 40% to 70% passing the number 10 sieve. Not more than 20 percent, by dry weight, of the material shall pass the 200 sieve by washing. All crushing or breaking up which might be necessary in order to meet such size requirements shall be done before the material is placed on the road. Composition A. The minimum percentage of carbonates of calcium and magnesium in the material shall be 40. B. All foreign material such as metal fragments, organic matter, etc., shall be removed from the material before delivery to the job site. 2. COMPACTING AND FINISHING BASE Density Requirements - As soon as proper conditions of moisture are attained, the material shall be compacted to a density of not less than 98 percent of maximum density as determined by AASHTO T 180. Density Tests - At least three density determinations shall be made on each day's final compaction operations on each course, and the density determinations shall be made at more frequent intervals if deemed necessary by the Public Works Roads Supervisor. Surface Testing - The finished surface of the base course shall be checked with a templet cut to the required crown and with a 15 foot straightedge laid parallel to the center line of the road. All irregularities greater than 1/4 inch shall be corrected by scarifying and removing or adding base course material as required, after which the entire area shall be recompacted. 3. PRIMING AND MAINTAINING Priming - The prime coat shall be applied only when the base meets the specified density requirements and the moisture content in the top half of the base does not exceed 90 percent of the optimum moisture of the base material. At the time of priming, the base shall be firm, unyielding and in such condition that no undue distortion will occur. Maintaining - The Contractor will be responsible for assuring that the true crown and templet are maintained with no rutting or other distortion, and that the base meets all the requirements, at the time the surface course is applied. 4. THICKNESS DETERMINATIONS General - Thickness of the base shall be measured at various points on the cross section, through holes not less than three inches in diameter, with each hole representing a section not exceeding 200 feet in length. Correction of Deficient Areas - Wherever the compacted base is deficient by more than 2 inch from the thickness called for in the plans, the Contractor shall correct such areas by scarifying and adding base course material. The base shall be scarified and base course material added for a distance of 100 feet from each edge of the deficient area. The effected area shall then be brought to the required state of compaction and to the required thickness and cross section. Deficient Areas Left in Place - As an exception to the requirement for correcting areas of base which show a thickness deficiency exceeding the allowable 2 inch, if so approved in writing by the Public Works Roads Supervisor, any of such areas in which the extent of the excess deficiency might be considered as not sufficient to seriously impair the required strength of the base, may be left in place. No payment, however, will be made for areas left in place and not corrected. Page 128 ROOT PRUNE & ROOT BARRIER (BIOBARRIERS) DESCRIPTION: Excavate a trench that is at least wide enough to completely cut all roots in the trench. Care should be taken not to dislodge roots on the tree side of the trench. The depth of the trench shall be no deeper than the width of biobarrier. The width of the biobarrier shall be as specified. Care shall be taken in the backfilling of the trench not to disturb the root barrier. No roots, stones, rocks or broken concrete shall be in the backfill material. MATERIALS: Typar Biobarrier Root Control System as manufactured by Reemay, Inc., 70 Old Hickory Boulevard, PO Box 511, Old Hickory, TN 37138, or approved equal to be used. All safety precautions prescribed by the manufacturer shall be adhered to. METHOD OF MEASUREMENT: The quantity to be measured for this item will be the number of lineal feet of biobarrier installed. BASIS OF PAYMENT: The unit price bid per foot for this item shall include the cost of furnishing all labor, material and equipment to complete the work, including disposal of roots. Page129 SCHEDULE OF SUBCONTRACTORS (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON -RESPONSIVE) Discipline Subcontractor Address City, ST, Zip License Number Address of Subcontractor may be considered in accordance with Wellington's Local Preference Policy Resolution No. R2009-91 Page130 SCHEDULE OF EQUIPMENT AND MATERIALS (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON -RESPONSIVE) Item Manufacturer Description Page131 SALES TAX RECOVERY PROGRAM SPECIAL CONDITIONS FOR OWNER FURNISHED MATERIALS AND EQUIPMENT During the course of this Project, Wellington (hereinafter referred to as "Owner") may issue a Change Order or Change Orders to delete from the contract certain items that the Owner desires to purchase directly and furnish to Contractor for use in the Project. Contractor agrees that if Owner desires to issue such Change Order(s), Contractor will assist the Owner in identifying appropriate materials and equipment to be included in the Change Order(s), will execute such Change Order(s) and will participate in this tax savings program at no additional cost to the Owner. Furthermore, Contractor agrees to abide by and comply with the following Special Conditions. Sales and Use Taxes. The Owner is exempt from paying sales and use taxes on materials and equipment purchased for, and incorporated into the Annual Asphalt Milling & Resurfacing, Bid No. 077-12/ENR, , (hereinafter the "Project"). The Owner shall make direct purchases of all materials and equipment purchased for, or to be incorporated into the Project, as agreed to by the Contractor and agreed upon by the Owner in the form of a Change Order. All direct purchases of materials and equipment shall be made by the Owner with funds specifically allocated for the construction of the Project. Material suppliers shall be competitively bid by the Contractor and its subcontractors. The Contractor shall include the price for all construction materials in its bid. The Contractor shall provide the Owner a list of all intended suppliers, vendors, etc. for consideration as Owner Purchased Materials. This list shall be submitted at the same time as the preliminary schedule of values in accordance with 2.05 of the General Conditions. The Contractor shall submit price quotes from the vendors, as well as a description of the materials to be supplied, estimated quantities and prices and as provided below. The Contractor shall notify the Owner no later than 10 calendar days after request by Owner of the requested materials and equipment to be purchased by the Owner for the Project. The standard Owner Terms and Conditions applicable to this program are included as Attachment A to this section. Each equipment supplier of equipment to be provided under the Sales Tax Recovery Program shall be obligated to meet the requirements of the Owner of Wellington Terms and Conditions and the Project Technical Specifications. 1.1 The Contractor shall: (a) compile Contractor's and any Subcontractors' itemized requirement for materials and equipment, including quantities, unit costs, manufacturers' or vendors' catalogue or order numbers, delivery instructions, and other specific terms and information that are required to order the specific materials and equipment, and terms and conditions to be imposed on suppliers regarding delivery and submittal time requirements, and quantities thereof required by Contractor or Subcontractors in accordance with the applicable requirements of the Construction Contract, from time to time, during the construction of the Project, as materials and equipment need to be ordered for the Project, and submit such compilation to the Owner: (b) prepare a requisition for such materials and equipment on the Owner's form of requisition: and (c) deliver any such requisition to the Owner no less than thirty (30) days prior to the date the manufacturer or vendor of the materials or equipment, as the case may be, requires orders for such materials or equipment to be placed to assure delivery of such materials or equipment to the Site in accordance with the Project Schedule (the "Order Date"). The requisition shall identify the Order Date. . The Owner shall issue a Purchase Order directly to the vendor of the materials or equipment, prior to the Order Date (a Purchase Order). The Owner shall include with any such Purchase Order, a copy of the Owner's sales and use tax exemption certificate and a copy of the Owner's Certificate of Entitlement required under F.A.C. Rule 12A- 1.094(4)(c). The Owner shall make direct payment to the vendor from the Owner's account. 1.2 The Contractor, upon the delivery of any such materials or equipment, shall verify the conformity of such materials or equipment with the terms of the Purchase Order and the Contract Documents. If the Contractor determines that the materials and equipment are conforming, the Owner shall take title and possession of such material and equipment before such materials and equipment are incorporated into the Project. If the Contractor determines that the materials and equipment are non -conforming, the Contractor shall immediately notify the Owner in writing and the Owner shall reject such material and equipment. 1.3 The Owner shall assume all risk of loss on all materials and equipment purchased pursuant to its sales and use tax exemption, subject to the provisions of section 1.10 below. The Owner shall maintain Builder's Risk Insurance for the full insurable value for all materials and equipment purchased as a result of the Owner Sales Tax Recovery Program herein. This coverage shall be in addition to all other coverage required in Section 1.11 below or as otherwise provided in these Contract Documents. Page 132 1.4 To the extent that materials and equipment are purchased pursuant to the Owner's sales and use tax exemption, the Contractor shall reduce the Contract Amount and the penal sum of its public construction bond by 1.06 times the cost of the materials and equipment purchased directly by the Owner. 1.5 The Contractor shall be fully responsible for all matters relating to the receipt of materials and equipment furnished by the Owner in accordance with this Special Condition, including, but not limited to, the responsibility for verifying correct quantities, verifying documents or orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the Contract Documents, inspection and acceptance of the materials and equipment at the time of delivery, and loss or damage to materials and equipment following acceptance of items due to the negligence of such Contractor or any Subcontractors or other party. The Contractor shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by such Contractor for the particular materials and equipment furnished. The Contractor shall provide or arrange for all services required for the unloading, handling and storage of such materials and equipment through installation. 1.6 The Contractor shall visually inspect all shipments from material and equipment vendors purchased directly by the Owner in accordance with this Special Condition (the "Owner Furnished Materials") and approve the vendors' invoices for materials or equipment delivered, as Owner Furnished Materials are furnished to the Site in accordance with this Special Condition. The Contractor shall assure that each delivery of the Owner Furnished Materials is accomplished by documentation adequate to identify the Purchase Order against which the purchase is made. This documentation may consist of a delivery ticket and an invoice from the vendor conforming to the Purchase Order, together with such additional information as the Owner may require. The Contractor shall deliver to the Owner all invoices for materials and equipment upon verification by such Contractor that the materials and equipment conform exactly to the Contract Documents and the Purchase Order. Upon receipt of any invoice for Owner Furnished Materials, the Owner shall accept such materials and deliver such invoice to the Owner for payment directly to the vendor. 1.7 The Contractor shall inspect all Owner Furnished Materials to determine that such Owner Furnished Materials conform to the Contract Documents, including the Drawings and Specifications, and to determine prior to incorporation into the Work whether any such Owner Furnished Materials are patently defective, and whether such Owner Furnished Materials are identical to the materials ordered and match the description of the bill of lading and the Purchase Order. If Contractor discovers defective or non -conforming Owner Furnished Materials upon such visual inspection, Contractor shall: (1) not recommend acceptance of such non -conforming materials and equipment, (b) not utilize such non -conforming or defective materials in the Work; (c) not allow Subcontractor to utilize such non -conforming or defective materials in the Work; and (d) promptly notify the Owner, in writing, of the defective or non -conforming condition so that repair or replacement of those Owner Furnished Materials can occur without any undue delay or interruption to the Project. In the event that such Contractor fails to perform such inspection or otherwise incorporates into the Work such defective or non -conforming Owner Furnished Materials, the Contractor shall be responsible for the repair and replacement of defective or non -conforming materials, at its sole cost and expense. 1.8 The Contractor shall maintain written and detailed records of all Owner Furnished Materials incorporated into the Work from the stock of Owner Furnished Materials. The Contractor shall account monthly to the Owner for any Owner Furnished Materials delivered to the Site, indicating which Owner Furnished Materials have been incorporated into the Work. 1.9 The Contractor shall be responsible for obtaining and managing all warranties and guarantees for all Owner Furnished Materials. All repair, maintenance or damage -repair calls shall be forwarded by the Owner to the Contractor for resolution with the appropriate vendor, supplier or Subcontractor. The Contractor warrants represents and covenants that it shall be responsible for all warranties and guarantees of the Owner Furnished Materials. 1.10 After the Owner takes possession of the Owner Furnished Materials at the Site, possession of the Owner's Furnished Material shall immediately and automatically transfer to the Contractor without notice. The transfer of possession of Owner Furnished Materials from the Owner to the Contractor shall constitute a bailment for the mutual benefit of the Owner and such Contractor. The Owner shall be considered the bailor and such Contractor the bailee of the Owner Furnished Materials. Owner Furnished Materials shall be considered returned to the Owner for purposes of their bailment at such time as they are incorporated into the Project or consumed in the process of completing the Page 133 Project and they are accepted in writing by the Owner upon final completion and acceptance of the Project by the Owner. 1.11 The Contractor shall purchase and maintain Builder's Risk Insurance sufficient to protect against loss of or damage to Owner Furnished Materials. Such insurance shall cover the full value of any Owner Furnished Materials between the time the Owner and or Contractor or its agents first takes title to and possession of any of such Owner Furnished Materials until final completion of the Work. The Contractor shall also maintain any other insurance with such deductible amounts that the Owner deems necessary as it relates to the Owner Furnished Materials. 1.12 The Owner shall not be liable for any interruption or delay damages in the Project by virtue of ordering the Owner Furnished Materials, for any defects or other problems with the Project by virtue of ordering the Owner Furnished Materials, or for any extra costs resulting from any delay in the delivery of, or defects in, the Owner Furnished Materials. 1.13 The Contractor, on a monthly basis, shall review invoices submitted by all vendors of Owner Furnished Materials delivered to the Site during the prior month and either concur or object to the Owner's issuance of payment to the vendors, based upon such Contractor's records of materials delivered to the Site and whether any of the Owner Furnished Materials for which payment has not been made were either non -conforming or defective. 1.14 In order to arrange for the prompt payment to the vendor, the Contractor shall provide to the Owner a list of the acceptance of the goods or materials within fifteen (15) days of receipt of said goods or materials. Accompanying the list shall be a copy of the applicable Purchase Order, invoices, delivery tickets, written acceptance of the delivered items, and such other documentation as may be reasonably required by the Owner. Upon receipt of the appropriate documentation, the Owner shall prepare a check payable to the vendor based upon the receipt of data provided. This check will be released, delivered and remitted directly to the vendor. The Contractor shall assist the Owner to immediately obtain partial or final release of waivers as appropriate. The Owner shall not make any payment without the appropriate Contractor's concurrence and approval, which shall be delivered to the Owner. There shall be no retention on Owner Furnished Materials against either the vendor, the Contractor(s) or the Subcontractor(s). 1.15 The Contractor and or/the Owner may, in its or their reasonable discretion, require certain material and equipment vendors to provide a supply bond in the amount of one -hundred percent (100%) of the Purchase Order price. The supply bond, if required, shall be issued by a qualified surety company authorized to do business in the State of Florida and acceptable to the Owner. If the supply bond is required, the costs thereof will be added to the amount of the Purchase Order. The Contractor shall verify that a vendor can furnish a supply bond. All bonds will name the Owner and the Contractor as additional obligees. Terms and Conditions (Attachment A). The following Terms and Conditions are applicable to this order entered into by and between the Village of Wellington (referred to hereafter as Buyer) and Vendor (referred to as Seller). 2.1 Seller's acceptance of this order will be presumed unless Seller acknowledges exception, in writing, to Buyer within ten (10) calendar days after date of order. 2.2 Sellers doing business with the Buyer are prohibited from discriminating against any employee, applicant, or client because of race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation with regard to but not limited to the following employment practices, rates of pay or other compensation methods, and training selection. 2.3 Any assignment of this order, performance of work hereunder, in whole or in part, or monies due or to become due hereunder, shall be void unless consented to by Buyer in writing and Buyer shall have no obligations to any assignee of Seller under any assignment not consented to in writing by Buyer. 2.4 In the event of default by the Seller, Buyer may procure the articles or services covered by this order from other sources and hold the seller responsible for any excess costs occasioned thereby. 2.5 Deliveries are to be made during hours 8:00 a.m. to 5:00 p.m., Monday through Thursday, excluding holidays, unless otherwise stipulated. Seller shall notify the Buyer of deliveries that require special handling and/or assistance for off- Page134 loading. Failure to notify the Buyer concerning this type of delivery will result in the billing to Seller of any add -on re -delivery, storage, or handling charges. 2.6 The Buyer may grant additional time for any delay or failure to perform hereunder if the delay will not adversely impact the best interest of the Buyer and is due to causes beyond the control of the Seller. Such grant must be in writing and made part of the order. 2.7 In those cases where prices stated are not F.O.B. Destination, Seller is required to prepay charges and list on invoices. 2.8 To the extent authorized by law, Seller shall indemnify, save and hold harmless the Buyer, its employees and agents against any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any act or omission by the Seller, or its employees, agents, subcontractors of assignees pursuant to the terms of this order. 2.9 All Commodities delivered on this order are subject to inspection upon receipt by a representative of the Buyer. All rejected commodities shall remain the property of the Seller and will be returned at the Seller's expense. 2.10 Seller must render original invoice to the Buyer, Attention "Project Manager, 12300 Forest Hill Blvd., Wellington, FL 33414" 2.11 By accepting this order, Seller understands and agrees that the items covered herein, or services to be rendered, shall be manufactured, sold or performed in compliance with applicable Federal, State, County and Local laws, ordinances, rules, codes and regulations. Lack of knowledge by the Seller shall in no way be a cause for relief from responsibility. 2.12 Seller shall save and hold harmless the Buyer, its employees and agents from liability for infringement of any United States patent, trademark or copyright trademark or copyright for or on account of the use of any product sold to Buyer or used in the performance of this order. 2.13 No modifications of this order shall be binding upon Buyer unless approved by an authorized representative of Buyer's Purchasing Office. 2.14 Seller compliance required under Chapter 442, Florida Statutes, that any toxic substance delivered as a part of this order must be accompanied by a Material Safety Data Sheet (MSDS). 2.15 Order Number must appear on all invoices, packing slips, shipping notices, freight bills, and correspondence concerning this order. 2.16 Payments will be made only to the company and address as set forth on order unless the Seller has requested a change thereto on official company letterhead, signed by an authorized officer of the company. 2.17 No endorsement by the Buyer of the product and/or service will be used by Seller in any way, manner or form in product literature or advertising. 2.18 Quantities specified in the order cannot be changed without Buyer's prior written approval. Goods shipped in excess of quantity designated may be returned at Seller's expense. 2.19 All parties to this order agree that the representatives named herein are, in fact, bona fide and possess full and complete authority to bind said parties. 2.20 Responsibility will not be accepted for any goods delivered or services performed unless covered by a duly authorized Buyer Purchase Order. 2.21 The Buyer of Wellington is exempt from Federal and State taxes for tangible personal property. Sellers doing business with the Buyer shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the Buyer, nor shall any Seller be authorized to use the Buyer's Tax Exemption Number in securing such materials. 2.22 Buyer reserves the right to terminate this order in whole or in part for default (a) if Seller fails to perform in accordance with any of the requirements of this order or (b) if Seller becomes insolvent or suspends any of its Page135 operations or if any petition is filed of proceeding commenced by or against Seller under any State or Federal law relating to bankruptcy, arrangement, reorganization, receivership or assignment for the benefit of creditors. Any such termination will be without liability to Buyer except for completed items delivered and accepted by the Buyer. Seller will be liable for excess cost of re -procurement. 2.23 By accepting this order, the Seller agrees that payment terms shall be in accord with the Florida Prompt Payment Act, Florida Statute 218.70, et seq. 2.24 No provision of Seller's agreement to supply the ordered goods, equipment, or materials shall in any way limit Seller's liability for damages caused by defects in the materials incorporated in, nor the design or manufacture of, Seller's equipment, goods, or materials. Seller's agreement shall not include any provision requiring the Buyer to pay Seller's attorney's fees in any dispute or claim arising out of this Purchase Order. 2.25 The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the Seller and Buyer for any terms and conditions not specifically stated in this order. 2.26 Any and all legal actions arising from or necessary to enforce this contract will be held in Palm Beach County, Florida and the service of process and interpretation of contractual obligation shall be in accordance with the laws of the State of Florida. 2.27 Seller acknowledges that the materials being ordered are for incorporation into the Project for Buyer pursuant to a contract with a contractor. Seller agrees that it shall warrant its goods, equipment, or materials being ordered herein in compliance with Seller's normal warranties, or in compliance with the warranty provisions of the construction contract, the terms of which are incorporated herein, whichever warranty provides the Buyer with the greatest protection. Regardless of the forgoing all warranties shall be in accordance with the contract documents to which Contractor is bound with the buyer. END OF SECTION Page136 CERTIFICATE OF ENTITLEMENT - SAMPLE 1, the undersigned authorized representative of (hereinafter "Governmental Entity"), Florida Consumer's Certificate of Exemption Number , certify that the tangible personal property purchased on or after (date) will be incorporated into or become a part of a public facility as part of a public works contract pursuant to contract # with (Name of Contractor) for the building of I certify that the purchase of the materials contained in the attached Purchase Order meets the following exemption requirements contained in Section 212.08(6), F.S., and Rule 12A-1.094, F.A.C.: You must initial each of the following requirements. 1. The attached Purchase Order is issued directly to the vendor supplying the materials the contractor will use in the identified public works. 2. The vendor's invoice is issued directly to Governmental Entity. 3. Payment of the vendor's invoice is made directly by Governmental Entity to the vendor from public funds. 4. Governmental Entity will take title to the tangible personal property from the vendor at the time of purchase or delivery by the vendor. 5. Governmental Entity assumes the risk of damage or loss at the time of purchase. I understand that if the tangible personal property identified in the attached Purchase Order does not qualify for the exemption provided in Section 212.08(6), F.S., and Rule 12A-1.094, F.A.C., Governmental Entity will be subject to the tax, interest, and penalties due on the materials purchased. If the Department of Revenue determines that the materials purchased tax-exempt by issuing this Certificate do not qualify for the exemption, Governmental Entity will be liable for any tax, penalty, and interest determined to be due. I understand that if I fraudulently issue this certificate to evade the payment of sales tax I will be liable for payment of the sales tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony. Under the penalties of perjury, I declare that I have read the foregoing Certificate of Entitlement and the facts stated in it are true. Signature of Authorized Representative Title Purchaser's Name (Print or Type) Date Federal Employer Identification: Telephone Number: You must attach the Purchase Order and the Florida Consumer's Certificate of Exemption issued to Governmental Entity. Do not send to the Department of Revenue. This Certificate of Entitlement must be retained in the vendor's and the contractor's books and records. Page 137 (d)(c) If the contractor does not have a Certificate of Entitlement, sales to the contractor are subject to tax, unless the contractor can demonstrate to the satisfaction of the Executive Director or designee that such sales are, in substance, tax-exempt direct sales to a governmental entity. (e) The governmental entity may not transfer liability for such tax, penalty, and interest to another party by contract or agreement. (f) In the case of contracts with any agency or branch of the United States government in which the federal governmental agency or branch is not required to produce a Certificate of Entitlement, the purchase must comply with the five criteria provided in paragraph (4)(b), for the purchase of supplies and materials to be exempt from sales and use tax. If the criteria in paragraph (4)(b) are not met, the contractor is the ultimate consumer of such supplies or materials and is liable for sales or use tax on such purchases and manufacturing costs. (5) Contractors, including subcontractors, that manufacture or fabricate their own materials for incorporation into public works cannot be included in a governmental entity's direct purchase program and may not accept a Certificate of Entitlement. The contractor and subcontractors, not the governmental entity, are deemed to be the ultimate consumers of the articles of tangible personal property they manufacture or fabricate to perform their contracts and are liable for tax in the manner provided in subsection (10) of Rule 12A-1.051, F.A.C. (6) through (8) No change. Rulemaking Authority 212.08(6), 212.17(6), 212.18(2), 212.183, 213.06(1) FS. Law Implemented 212.02(4), (14), (15), (16), (19), (20), (21), 212.06(1), (2), (14), 212.07(1), 212.08(6), (7)(bbb), 212.085, 212.18(2), 212.183 FS., s. 8, Ch. 2010-138, L.O.F. History — New 6-3-80, Amended 11-15-82, Formerly 12A-1.94, Amended 1-2-89, 8-10-92, 6-28-04, Page138 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON -RESPONSIVE) THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to [print name of the public entity] by [print individual's name and title] for [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services or any contract for the construction or repair of a public building or public work, to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. Page 139 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. STATE OF COUNTY OF Subscribed and Sworn to (or affirmed) before me on [name] [signature] [date] by [date] He/she is personally known to me or has presented as identification. [type of identification] [Notary's Signature and Seal] Form PUR 7068 (Rev. 04/10/91) M/R 03/06/92 Page 140 Print Notary Name and Commission No. DRUG FREE WORKPLACE (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON -RESPONSIVE) Preference may be given to businesses with drug -free workplace programs. Whenever two or more Bids which are equal with respect to price, quality, and service are received by the Owner for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program may 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. In order to have a drug -free workplace program, a business must attest to the following: 1. We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. We inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug - free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. We 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. We, in the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. We make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Contractor's Signature Page141 TRENCH SAFETY AFFIDAVIT (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON -RESPONSIVE) (NAME OF FIRM) hereby provides written assurance that compliance with applicable Trench Safety Standards identified in the Occupational Safety and Health Administration's Excavation Safety Standards, (OSHA) 29 C.F.R.S. 1926.650 Subpart P will be adhered to during trench excavation in accordance with Florida Statutes 553.60 through 533.64 inclusive (1990), "Trench Safety Act". The undersigned acknowledges that included in the various items of the proposal and in the Total Proposal Price are costs for complying with the Florida "Trench Safety Act" as summarized below: (Attach additional sheets as necessary). I Schedule I Trench Safety Measure (Slope, Trench Shield, etc.) I Cost I Item Total (Signature) STATE OF COUNTY OF by Subscribed and Sworn to (or affirmed) before me on (Date) He/she is personally known to me or has presented (type of U.) as identification. Notary Public Signature and Seal Print Notary Name and Commission No. Page142 QUESTIONNAIRE The following Questionnaire shall be completed and submitted in Envelope with the Bid. By submission of this Bid, Bidder guarantees the truth and accuracy of all statements and answers herein contained. 1. How many years has your organization been in business? 2. What is the last project of this nature that you have completed? 3. Have you ever failed to complete work awarded to you? If so, where and why? 4. Name three individuals or corporations for which you have performed work and to which you refer: Name Address Phone Fax Name Address Phone Fax Name Address Phone Fax S. List the following information concerning all contracts OR projects in progress and past as of the date of submission of this bid. (List any Federal, State, City or local municipalities/government contracts or project information if any relevant in scope with this solicitation). Information provided in (section 5) is for reference purposes and may be contacted for verification. Name of Term Contract OR Project Owner Contact (Person) Name & Title Contact Email Address & Phone Number Contact Business Address 6. Has the bidder or his or her representative inspected the proposed project and does the Bidder have a complete plan for its performance? 7. Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of the percent (10%) of the contract amount and the work that will be performed by each subcontractor(s). Page143 Subcontractor Work to be Performed 8. What equipment do you own that is available for the work? 4. What equipment will you purchase for the proposed work? 10. What equipment will you rent for the proposed work? 11. State the name of your proposed project manager and give details of his or her qualifications and experience in managing similar jobs. 12. State the true, exact, correct and complete name of the partnership, corporation, or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do businesses under the trade name. ` 13. The correct name of the Bidder is 14. The partnership is a ❑ Sole Proprietorship, ❑ Partnership, or ❑ Corporation or ❑ Other Type of Entity 15. The address of principal place of business is 16. The names of the Corporate Officers, or Partners, or Individuals doing business under a trade name, are as follows: (Fill In). 17. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. 18. List and describe all bankruptcy petitions (Voluntary or Involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. Page144 19. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration, or hearing identification numbers; the name of the project over which the dispute arose; and a description of the subject matter of the dispute. 21. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization (s) were defendants. 22. Has the Bidder, its principals, officers, or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. 23. List and disclose any and all business relations with any members of Wellington Council. Page 145 LIST OF DRAWINGS DRAWING TITLE SHEET NUMBER Exhibit A — Manhole Adjusting Rings Attachment A Exhibit B — Box Out Shoulder Attachment B See separate attachments for designs. Page146 AGREEMENT THIS AGREEMENT is dated and will be effective on the day of in the year , by and between the Village of Wellington, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: /:1:A ILILNKARWAILIM1f1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ITB #077-12/ENR Annual Asphalt Milling & Resurfacing ARTICLE 2 — PUBLIC WORKS DEPARTMENT The Project has been designed by WELLINGTON who is hereinafter called PUBLIC WORKS ROADS SUPERVISOR who is to act as OWNER's representative, shall assume all duties and responsibilities and have the rights and authority assigned to PUBLIC WORKS ROADS SUPERVISOR in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIMES 3.1 After receiving notice to commence with the work for a particular project the Contractor shall commence promptly within seventy-two (72) hours and shall efficiently prosecute the work with adequate personnel and equipment until completion, within 30 calendar days, or as designated by the or his duly appointed representative. The initial term of the contract will be for one (1) year with the option for two (2) additional one (1) year renewals. 3.2 LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR and/or CONTRACTOR'S Surety shall pay OWNER Two Thousand and 00/100 dollars ($2,000.00) for each day that expires after the time specified in paragraph 3.1 for final completion and readiness for final payment until the Work is completed and ready for final payment. 3.3 No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last five (5) years of weather recorded by the Owner. ARTICLE 4 - CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, subject to adjustment as provided therein, in current funds as follows: The amount of ($ ), which is based on the price(s) in the Schedule of Values. ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by PUBLIC WORKS ROADS SUPERVISOR as provided in the General Conditions. Page 147 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by PUBLIC WORKS ROADS SUPERVISOR, on or about the 10`n day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). 5.1.1. Prior to successful completion of 50% of the work, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as PUBLIC WORKS ROADS SUPERVISOR shall determine, or OWNER may withhold, in accordance with Paragraph 14.02 of the General Conditions. 90% of Work completed. 0% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 14.02.A of the General Conditions). 5.1.2. Upon successful completion of 50% of the work, progress payments will be made in an amount equal to 95% of work completed, but, in each case, less the aggregate of payments previously made and less such amounts as PUBLIC WORKS ROADS SUPERVISOR shall determine, or OWNER may withhold, in accordance with Paragraph 14.02 of the General Conditions. 5.2. FINAL PAYMENT. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, and settlement of all claims, OWNER shall pay the remainder of the Contract Price as recommended by PUBLIC WORKS ROADS SUPERVISOR as provided in said paragraph 14.07 of the General Conditions. ARTICLE 6 (This Article left blank intentionally). ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions, Laws, and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2. above) which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.03 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 7.5 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS Page148 The Contract Documents, which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement consisting of 4 pages. 8.2 Performance Bond and Payment Bond consisting of 4 pages (plus Power of Attorney Forms as applicable). 8.3 Notice of Award 8.4 General Conditions consisting of 48 pages 8.5 Supplementary Conditions consisting of 3 pages. 8.6 Sales Tax Recovery Program Special Conditions For Owner Furnished Materials and Equipment consisting of 5 pages. 8.7 General Requirements Section 1000 consisting of 4 pages 8.8 Drawings not attached hereto but are listed in the List of Drawings 8.9 Addenda numbers to , inclusive 8.10 CONTRACTOR'S Bid 8.11 The following which may be delivered or issued after the Effective Date of the Agreement may not be attached hereto: Notice to Proceed, all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.04 and 3.05 of the General Conditions. 8.12 The documents listed under Article 8 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.04 of the General Conditions. ARTICLE 9 - MISCELLANEOUS 9.1 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained on the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. ARTICLE 10 - INDEMNIFICATION 10.1 This space left blank intentionally. 10.2 CONTRACTOR shall indemnify and hold harmless OWNER and PUBLIC WORKS ROADS SUPERVISOR and their respective officers, and employees, for liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. Page149 Regardless of the foregoing, the indemnification herein shall be the greater of the CONTRACTOR'S insurance coverage for such claim or Five Million Dollars. Nothing in the Contract Documents shall be construed or interpreted as consent by the OWNER to be sued, nor as a waiver of sovereign immunity beyond the waiver or limits provided in §768.28, Florida Statutes. ARTICLE 11— SALES TAX INFORMATION 11.1 The Owner Sales Tax Recovery Program Special Conditions are incorporated herein by reference. ARTICLE 12 - PROJECT SIGNAGE CONTRACTOR shall furnish and erect 0 Owner standard signs at the Project site as directed by the OWNER. CONTRACTOR may install signage at the site subject to approval by the OWNER. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement. One counterpart each has been delivered to OWNER, CONTRACTOR, and the PUBLIC WORKS ROADS SUPERVISOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by the PUBLIC WORKS ROADS SUPERVISOR on their behalf. OWNER: Village of Wellington CONTRACTOR By Bob Margolis, Mayor Attest: Awilda Rodriguez, Wellington's Clerk (SEAL) Address for giving notices 12300 Forest Hill Boulevard Wellington, Florida 33414 APPROVED AS TO FORM AND LEGAL SUFFICIENCY Jeffrey S. Kurtz, Attorney for Wellington Page150 By Attest: (CORPORATE SEAL) Address for giving notices License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) OPINION OF ATTORNEY This is to certify that I have examined the attached Contract Documents for ITB #077-12/ENR Annual Asphalt Milling & Resurfacing and that after such examination I am of the opinion that the execution of the Agreement, the Performance Bond and Payment Bond to be provided are in due and proper form. Wellington Attorney This day of Page 151 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): Wellington 12300 Forest Hill Boulevard Wellington, FL 33414 CONTRACT Date: Amount: Description (Name and Location) BOND Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seat) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Public Works Roads Supervisors Joint Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. This Bond is executed pursuant to Florida Statutes Section 255.05 or Section 713.23, whichever is applicable and is subject to the notice and time limitation provisions. Page152 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. 2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1 The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the owner, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2 The owner has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and 3.3 The owner has agreed to pay the Balance of the Contract Price to; 3.3.1. The Surety in accordance with the terms of the Contract; 3.3.2. Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 4. When the owner has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or 4.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; 4.4.1. After investigations, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4.4.2. Deny liability in whole or in part and notify the OWNER citing reasons therefor. 5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without (For Information Only —Name, Address and Telephone) Arent or Broker: Page 153 6. After the OWNER has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the CONTRACTOR for correction of defective Work and completion of the Contract; 6.2 Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of the CONTRACTOR. 7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. 'No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to surities as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. I I. When this Bond has been famished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under this Contract. 12.2 Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 12.3 CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4 OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): Wellington 12300 W. Forest Hill Boulevard Wellington, FL 33414 CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: Signature: Signature: Name and Title: Name and Title: (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: Signature: Name and Title: Signature: Name and Title: (Corp. Seal) (Corp. Seal) EJCDC No. 1910-28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Public Works Roads Supervisors Joint Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. This Bond is executed pursuant to Florida Statutes Section 255.05 or Section 713.23, whichever is applicable and is subject to the notice and time limitation provision. Page154 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the CONTRACTOR: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default. 3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payments, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 4.2 Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. Claimants who do not have a direct contract with the CONTRACTOR: 1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last famished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fumished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR. 5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work. 9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other that in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly fumish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and Public Works Roads Supervisoring services required for performance of the Work of the CONTRACTOR and the CONTRACTOR's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were fumished. 15.2 Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 15.3 OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. Note 1: As an additional requirement any claimant, except a laborer, who is not in privity with the Contractor shall, within 45 days after beginning to famish labor, materials or supplies, furnish the Contractor with a Notice that he intends to look to the bond. For Information Only — Name, Address and Telephone) Agent or Broker: Page155 NOTICE OF COMPLIANCE WITH CHAPTER 556, FLORIDA STATUTES The undersigned Contractor does hereby confirm to the Owner and Public Works Roads Supervisor that the Contractor has reviewed the provisions of Chapter 556, Florida Statutes, and has provided to "Sunshine State One - Call of Florida, Inc." the information required under F.S. 556.105 before the commencement of any excavation or demolition required for the Work. Executed this day of 20 (name of Contractor) (signature) (print name) (title) END OF SECTION Page156 CONTRACTOR'S AFFIDAVIT TO OWNER AND FINAL RELEASE OF LIENS STATE OF FLORIDA COUNTY OF Before me, the undersigned authority, authorized to administer oaths and take acknowledgements, personally appeared , who, being by me first duly sworn, on oath depose(s) and say(s): (1) He/she is/they are a (Corporation, Partnership, or Individual) of (State), doing business as , hereinafter called "Contractor". (2) Contractor heretofore entered into a Contract with Wellington, hereinafter called "Owner" to do Work (furnish material, labor and services) for ITB #077-12/ENR Annual Asphalt Milling & Resurfacing, located at Palm Beach County, Florida. (3) Contractor has fully completed construction in accordance with the terms of the Contract, and all lienors have been paid in full, except: NAME OF LIENOR AMOUNT DUE AND UNPAID (4) All Workmen's Compensation claims have been settled and no liability claims are pending, in connection with, arising out of or resulting from the Contractor. (5) Receipt by the Contractor of the final payment, under the aforementioned Contract, shall constitute a full release and discharge by the Contractor to the Owner of any and all claims of the Contractor against the Owner, arising out of, connected with, or resulting from performance of the obligations of the Contractor pursuant to the Contract Documents. (6) The term "lienor" as used in this affidavit means any person having a lien or a prospective lien, under the Mechanics Lien Law of Florida, on the land and property of the Owner referred to in paragraph (2) of this affidavit. Further, Contractor represents, warrants and covenants that all subcontractors, material men and suppliers have been paid in full. The contractor further provides under penalty of perjury that there are no claims of lien on the proj ect. (7) This affidavit is given pursuant to the provisions of Florida Statutes Section 713.06 or Section 255.05, whichever is applicable. Signed and sealed in the presence of: By: (Entity) (Seal) Subscribed and Sworn to (or affirmed) before me on this day of by He/she is personally known to me or has presented as identification. Notary Public Signature and Seal Print Notary Name and Commission No. Page 157 APPLICATION FOR PAYMENT NO. Project: #077-12/ENR Annual Asphalt Milling & Resurfacing Start Date: Completion Date: Application is made for payment, as hereinafter shown, in connection with this Contract: Total Work to Date — see attached schedule $ Total Material Suitably Stored — see attached schedule $ Gross Amount Due $ Less % Retainage $ Amount Due to Date $ Less Previous Applications $ Amount Due This Application $ Original Contract Price $ Net Change Orders -Credit $ Subtotal $ Net Change Orders - Debit $ Current Contract Price $ Value of Work Remaining to be Done (Current Contract Amount— Gross Amount Due) $ Contractor's Certification: The undersigned Contractor certifies that (1) all previous progress payments received from Owner on account of Work done under the Agreement referred to above have been applied to discharge in full all obligations of Contractor incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to Owner). Dated: State of ) County of )ss Contractor: Mailing Address: By (Name and Title) Subscribed and Sworn to (or affirmed) before me on this day of by . He/She is personally known to me or has presented as identification. Who being so duly sworn, did depose and say that he/she is of the Contractor above mentioned; that he/she executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct, and complete. Notary Public Signature and Seal Print Notary Name and Commission No. Payment of the above AMOUNT DUE THIS APPLICATION is recommended. WELLINGTON DESIGNEE Date: By: (Name) Page158 (Title) BILL OF SALE, ABSOLUTE KNOWN ALL MEN BY THESE PRESENTS, that , a corporation of County, Florida, party of the first part, for an in consideration of the sum of Ten and No/100 ($10.00) lawful money of the United States, to it paid by WELLINGTON, a municipal corporation of the State of Florida, 12300 W. Forest Hill Boulevard, Wellington, Palm Beach County, Florida 33414, party of the second part, the receipt whereof is hereby acknowledged has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the said party of the second party, its executors, administrators and assigns, the following goods and chattels: Project Name #077-12/ENR Annual Asphalt Milling & Resurfacing consisting of the components set forth in the final schedule of values as described in Exhibit "A", attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the said party of the second part, its executors, administrators and assigns forever. AND, it does, for itself and its successors and assigns covenant to and with the said party of the second part, its successors and assigns, that it is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said party of the second part its successors and assigns against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, it has hereunto set its hand and seal this day of 20 Signed, sealed and delivered in the presence of: WITNESSES: Signature Print Name Signature Print Name Name: Title: [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 20 by , as of , a (state) corporation. He/She is ❑ personally known to me or ❑ has produced as identification. (stamp) Print Notary Name: Page 159 FORM OF FINAL RECEIPT FINAL RECEIPT FOR CONTRACT NO.077-12/ENR Received this day of from Wellington, the sum of ( ) as full and final payment to CONTRACTOR for all work and materials for the Project described as: #077-12/ENR Annual Asphalt Milling & Resurfacing This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases Wellington from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials, and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to OWNER. CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. (If incorporated, sign below.) ATTEST: Secretary Name By: _ (CORPORATE SEAL) Title Date: Page160 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms..........................................................................................................................................64 1.02 Terminology.............................................................................................................................................67 ARTICLE 2 - PRELUVIINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance.........................................................................................68 2.02 Copies of Documents................................................................................................................................68 2.03 Commencement of Contract Times; Notice to Proceed............................................................................68 2.04 Starting the Work.....................................................................................................................................68 2.06 Preconstruction Conference; Designation of Authorized Representatives...............................................69 2.07 Initial Acceptance of Schedules................................................................................................................69 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE........................................................69 3.01 Intent......................................................................................................................................................... 69 3.02 Reference Standards.................................................................................................................................69 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS..................................................................................71 4.04 Underground Facilities.............................................................................................................................73 4.05 Reference Points.......................................................................................................................................74 ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds.................................................................................................76 5.02 Licensed Sureties and Insurers.................................................................................................................76 5.03 Certificates of Insurance...........................................................................................................................76 5.04 Contractor's Insurance..............................................................................................................................77 5.06 [Paragraph intentionally left blank]..........................................................................................................78 5.07 [Paragraph intentionally left blank]..........................................................................................................78 5.08 [Paragraph intentionally left blank]..........................................................................................................78 5.09 Acceptance of Bonds and Insurance; Option to Replace..........................................................................78 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................................78 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence.............................................................................................................78 6.02 Labor; Working Hours..............................................................................................................................79 6.03 Services, Materials, and Equipment.........................................................................................................79 6.04 Progress Schedule.....................................................................................................................................79 6.05 Substitutes and "Or-Equals".....................................................................................................................79 6.06 Concerning Subcontractors, Suppliers, and Others..................................................................................82 6.08 Permits......................................................................................................................................................83 6.09 Laws and Regulations...............................................................................................................................83 6.10 Taxes........................................................................................................................................................84 6.12 Record Documents...................................................................................................................................85 6.13 Safety and Protection................................................................................................................................85 6.14 Safety Representative...............................................................................................................................86 6.15 Hazard Communication Programs............................................................................................................86 6.16 Emergencies.............................................................................................................................................86 6.17 Shop Drawings and Samples....................................................................................................................86 Page 161 6.18 Continuing the Work................................................................................................................................87 6.19 Contractor's General Warranty and Guarantee.........................................................................................88 6.20 Indemnification......................................................................................................................................... 88 6.21 Delegation of Professional Design Services.............................................................................................89 ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site...................................:.............................................................................................89 7.02 Coordination.............................................................................................................................................90 7.03 Legal Relationships..................................................................................................................................90 ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor.................................................................................................................90 8.02 Replacement of Public Works Roads Supervisor.....................................................................................91 8.03 Furnish Data.............................................................................................................................................91 8.04 Pay When Due..........................................................................................................................................91 8.05 Lands and Easements; Reports and Tests.................................................................................................91 8.06 Insurance..................................................................................................................................................91 8.07 Change Orders..........................................................................................................................................91 8.08 Inspections, Tests, and Approvals............................................................................................................91 8.09 Limitations on Owner's Responsibilities..................................................................................................91 8.10 Undisclosed Hazardous Environmental Condition...................................................................................91 8.11 Evidence of Financial Arrangements........................................................................................................91 8.12 Compliance with Safety Program.............................................................................................................91 ARTICLE 9 - PUBLIC WORKS ROADS SUPERVISOR'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative............................................................................................................................92 9.02 Visits to Site.............................................................................................................................................92 9.03 Project Representative..............................................................................................................................92 9.04 Authorized Variations in Work................................................................................................................92 9.05 Rejecting Defective Work........................................................................................................................93 9.06 Shop Drawings, Change Orders and Payments........................................................................................93 9.07 Determinations for Unit Price Work.........................................................................................................93 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.....................................93 9.09 Limitations on Public Works Roads Supervisor's Authority and Responsibilities..................................94 9.10 Compliance with Safety Program.............................................................................................................94 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work.............................................................................................................94 10.02 Unauthorized Changes in the Work..........................................................................................................94 10.03 Execution of Change Orders.....................................................................................................................94 10.04 Notification to Surety...............................................................................................................................95 10.05 Claims.......................................................................................................................................................95 ARTICLE I I - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work......................................................................................................................................96 11.02 Allowances............................................................................................................................:..................98 11.03 Unit Price Work........................................................................................................................................98 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price..........................................................................................................................99 12.02 Change of Contract Times......................................................................................................................100 12.03 Delays.....................................................................................................................................................100 Page 162 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 100 13.01 Notice of Defects....................................................................................................................................100 13.02 Access to Work.......................................................................................................................................101 13.03 Tests and Inspections..............................................................................................................................101 13.04 Uncovering Work...................................................................................................................................101 13.05 Owner May Stop the Work.....................................................................................................................102 13.06 Correction or Removal of Defective Work.............................................................................................102 13.07 Correction Period....................................................................................................................................102 13.08 Acceptance of Defective Work...............................................................................................................103 13.09 Owner May Correct Defective Work.....................................................................................................103 ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values.................................................................................................................................104 14.02 Progress Payments..................................................................................................................................104 14.03 Contractor's Warranty of Title...............................................................................................................106 14.04 Substantial Completion...........................................................................................................................106 14.05 Partial Utilization....................................................................................................................................107 14.06 Final Inspection......................................................................................................................................108 14.67 Final Payment.........................................................................................................................................108 14.08 Final Completion Delayed......................................................................................................................109 14.09 Waiver of Claims....................................................................................................................................109 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work....................................................................................................................109 15.02 Owner May Terminate for Cause...........................................................................................................109 15.03 Owner May Terminate For Convenience...............................................................................................110 15.04 Contractor May Stop Work or Terminate...............................................................................................110 ARTICLE 16 — 111 16.01 [This paragraph intentionally left blank] . ............................................................................................... III ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice......................................................................................................................................... III 17.02 Computation of Times............................................................................................................................III 17.03 Cumulative Remedies.............................................................................................................................I I I 17.04 Survival of Obligations...........................................................................................................................I I I 17.05 Controlling Law......................................................................................................................................I l 1 17.06 Headings.................................................................................................................................................112 ARTICLE 18 - NO DAMAGES FOR DELAY 18.01 No Damages for Delay...........................................................................................................................112 Page 163 ARTICLE 1- DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terns listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Public Works Roads Supervisor which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order —A document recommended by Public Works Roads Supervisor which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Public Works Roads Supervisor's written recommendation of final payment. Page 164 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Public Works Roads Supervisor which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Public Works Roads Supervisor —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Public Works Roads Supervisor which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements —Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice ofAward—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs --Polychlorinated biphenyls. 31. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. Page165 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Public Works Roads Supervisor who may be assigned to the Site or any part thereof. 37. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Public Works Roads Supervisor, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. Page166 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Public Works Roads Supervisor ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Public Works Roads Supervisor. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Public Works Roads Supervisor as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Public Works Roads Supervisor any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Public Works Roads Supervisor's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. Page167 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor shall deliver to the Owner, with copies to each additional insured, certificates of insurance (and other evidence of insurance which the Owner or any additional insured may reasonably request) which Contractor is required to purchase and maintain in accordance with the Contract Documents. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times,• Notice to Proceed A. The Contract Time will commence to run no later than 120 days after the posting of the recommended award or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier (unless otherwise agreed by Owner and Contractor in writing). 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Construction Schedule: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Public Works Roads Supervisor for timely review: 1, a Construction Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a Schedule of Submittals; and 3. a Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in Page 168 sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference: Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Public Works Roads Supervisor, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Public Works Roads Supervisor, and others as appropriate will be held to review for acceptability to Public Works Roads Supervisor as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Public Works Roads Supervisor. 1. The Progress Schedule will be acceptable to Public Works Roads Supervisor if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Public Works Roads Supervisor responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Public Works Roads Supervisor if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Public Works Roads Supervisor as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Public Works Roads Supervisor as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall Page169 mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Public Works Roads Supervisor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Public Works Roads Supervisor, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Public Works Roads Supervisor any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Public Works Roads Supervisor before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Public Works Roads Supervisor in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. Contractor shall not be liable to Owner or Public Works Roads Supervisor for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies: Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amendingand Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. Page 170 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Public Works Roads Supervisor's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or Public Works Roads Supervisor's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Public Works Roads Supervisor or its consultants, including electronic media editions; or 2, reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Public Works Roads Supervisor and specific written verification or adaptation by Public Works Roads Supervisor. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Public Works Roads Supervisor to Contractor, or by Contractor to Owner or Public Works Roads Supervisor, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, Page 171 or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: Reports and Drawings, if any, will be attached to the Contract Documents. Such Reports and Drawings may include: those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Unless otherwise set forth in the Supplementary Conditions, Contractor may not rely upon the accuracy of the "technical data" contained in such reports and drawings. Such reports and drawings are not Contract Documents. Contractor shall have full responsibility with respect to subsurface and physical conditions at or contiguous to the Site. Except for such reliance on such "technical data" as set forth in the Supplementary Conditions, if any, Contractor may not rely upon or make any claim against Owner or Public Works Roads Supervisor, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2, is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Public Works Roads Supervisor in writing about such Page 172 condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Public Works Roads Supervisor's Review: After receipt of written notice as required by Paragraph 4.03.A, Public Works Roads Supervisor will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Public Works Roads Supervisor's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or C. Contractor failed to give the written notice as required by Paragraph 4.03.A. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Public Works Roads Supervisor, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Public Works Roads Supervisor by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: Owner and Public Works Roads Supervisor shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; Page 173 b. locating all Underground Facilities shown or indicated in the Contract Documents; C. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Public Works Roads Supervisor. Public Works Roads Supervisor will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Public Works Roads Supervisor concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide Public Works Roads Supervisor surveys to establish reference points for construction which in Public Works Roads Supervisor's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Public Works Roads Supervisor whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reports and Drawings, if any, will be attached to the Contract Documents. Such reports and drawings will include those known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Unless otherwise set forth in the Supplementary Conditions, the Contractor may not rely upon the accuracy of the "technical data" contained in such reports and drawings. Such reports and drawings are not Contract Documents. Except for such reliance on such "technical data" as set forth in the Supplementary Conditions, if any, Contractor may not rely upon or make any claim against Owner or Public Works Roads Supervisor, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of Page 174 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Public Works Roads Supervisor (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Public Works Roads Supervisor concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Public Works Roads Supervisor, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. Nothing herein shall be construed or interpreted as consent by the Owner to be sued, nor as a waiver of sovereign immunity beyond the waiver or limits provided in §768.28, Florida Statutes. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Public Works Roads Supervisor, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of Public Works Roads Supervisors, Page 175 architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.1-1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Public Works Roads Supervisor and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. Page176 D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Public Works Roads Supervisor, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to Page 177 whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 [Paragraph intentionally left blank] 5.06 [Paragraph intentionally left blankl 5.07 [Paragraph intentionally left eft blankl 5.08 [Paragraph intentionally left blank] 5.09 Acceptance of Bonds and Insurance; Option to Replace A. Owner shall review the coverage afforded by or other provisions of the insurance required to be purchased or maintained by Contractor after delivery of insurance certificates to Owner in accordance with Paragraph 2.0113 of the General Conditions. Contractor shall furnish to the Owner such additional information in respect to insurance provided by contractor as the Owner may reasonably request. Review of Insurance Policies or Insurance Certificates by the Owner shall not relieve or decrease the liability of the Contractor hereunder. In case of a breach by Contractor of any insurance provision stated in the Contract Documents, the Owner at its option may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and Owner may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Contract. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by Contractor shall contain the name of the Project. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Public Works Roads Supervisor in the design or specification of a specific means, Page 178 method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Public Works Roads Supervisor except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have the authority to act on behalf of the Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor, Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed at the discretion of the Public Works Department, excluding holidays, and shall comply with the Wellington Noise Ordinance. Contractor will not permit overtime work or the performance of Work on a Sunday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Public Works Roads Supervisor. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Public Works Roads Supervisor, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. Contractor shall submit to Public Works Roads Supervisor for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" Page179 A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Public Works Roads Supervisor for review under the circumstances described below. "Or -Equal" Items: If in Public Works Roads Supervisor's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Public Works Roads Supervisor as an "or -equal" item, in which case review and approval of the proposed item may, in Public Works Roads Supervisor's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Public Works Roads Supervisor determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Public Works Roads Supervisor's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Public Works Roads Supervisor to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Public Works Roads Supervisor from anyone other than Contractor. C. The requirements for review by Public Works Roads Supervisor will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Public Works Roads Supervisor may decide is appropriate under the circumstances. d. Contractor shall make written application to Public Works Roads Supervisor for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: Page 180 a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available Public Works Roads Supervisor, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Public Works Roads Supervisor. Contractor shall submit sufficient information to allow Public Works Roads Supervisor, in Public Works Roads Supervisor's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Public Works Roads Supervisor will be similar to those provided in Paragraph 6.05.A.2. C. Public Works Roads Supervisor's Evaluation: Public Works Roads Supervisor will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Public Works Roads Supervisor may require Contractor to furnish additional data about the proposed substitute item. Public Works Roads Supervisor will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Public Works Roads Supervisor's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Public Works Roads Supervisor will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Public Works Roads Supervisor's Cost Reimbursement: Public Works Roads Supervisor will record Public Works Roads Supervisor's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Public Works Roads Supervisor approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Public Works Roads Supervisor for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Public Works Roads Supervisor for making changes in the Page 181 Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.063), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Public Works Roads Supervisor to reject defective Work. If the Bid Form or Specifications require (or if requested by Owner prior to the Notice of Award), the apparent successful Bidder and any other Bidder so requested, shall submit a list of all Subcontractors, Suppliers, and other persons or organizations (including those who are to furnish the principal items of material and equipment) in accordance with requirements of the Instructions to Bidders and this Article 6.06B of the General Conditions. C. Contractor shall be fully responsible to Owner and Public Works Roads Supervisor for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Public Works Roads Supervisor and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Public Works Roads Supervisor to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. Owner or Public Works Roads Supervisor may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, evidence of amounts paid to Contractor in accordance with Contractor's Application for Payment. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Public Works Roads Supervisor through Contractor. Page182 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Public Works Roads Supervisor. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Public Works Roads Supervisor, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Public Works Roads Supervisor, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. [Paragraph intentionally left blank.] C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Public Works Roads Supervisor, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. Nothing herein shall be construed or interpreted as consent by the Owner to be sued, nor as a waiver of sovereign immunity beyond the waiver and limits provided in §768.28, Florida Statutes. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Public Works Roads Supervisor shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. Page 183 B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Sales Tax shall be paid in accordance with the Sales Tax Recovery Program Special Conditions when applicable, as determined by the Owner and/or Public Works Roads Supervisor. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Public Works Roads Supervisor, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Public Works Roads Supervisor, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. Nothing herein shall be construed or interpreted as consent by the Owner to be sued, nor as a waiver of sovereign immunity beyond the waiver or limits provided in §768.28, Florida Statutes. B. Removal of DebrisDuring Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work, Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. Page 184 D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Public Works Roads Supervisor for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Public Works Roads Supervisor for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Public Works Roads Supervisor of the specific requirements of Contractor's safety program with which Owner's and Public Works Roads Supervisor's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Public Works Roads Supervisor or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them) at no additional cost to the Owner or Public Works Roads Supervisor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Public Works Roads Supervisor has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.11 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). Page 185 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Public Works Roads Supervisor prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Public Works Roads Supervisor determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Public Works Roads Supervisor for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Public Works Roads Supervisor may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Public Works Roads Supervisor the services, materials, and equipment Contractor proposes to provide and to enable Public Works Roads Supervisor to review the information for the limited purposes required by Paragraph 6.17.D. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Public Works Roads Supervisor may require to enable Public Works Roads Supervisor to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Public Works Roads Supervisor's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; Page 186 b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; C. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Public Works Roads Supervisor specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Public Works Roads Supervisor for review and approval of each such variation. D. Public Works Roads Supervisor's Review: 1. Public Works Roads Supervisor will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Public Works Roads Supervisor. Public Works Roads Supervisor's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Public Works Roads Supervisor's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Public Works Roads Supervisor's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Public Works Roads Supervisor has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Public Works Roads Supervisor's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: Contractor shall make corrections required by Public Works Roads Supervisor and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Public Works Roads Supervisor on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or Page187 disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Public Works Roads Supervisor and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Public Works Roads Supervisor; 2. recommendation by Public Works Roads Supervisor or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Public Works Roads Supervisor or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any acceptance by Owner or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Public Works Roads Supervisor; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Public Works Roads Supervisor, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission, recklessness or intentional wrongful misconduct of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. Nothing herein shall be construed or interpreted as consent by the Owner to be sued, nor as a waiver of sovereign immunity beyond the waiver or limits provided in §768.28, Florida Statutes. Page 188 B. In any and all claims against Owner or Public Works Roads Supervisor or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Public Works Roads Supervisor and Public Works Roads Supervisor's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Public Works Roads Supervisor will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Public Works Roads Supervisor. C. Owner and Public Works Roads Supervisor shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Public Works Roads Supervisor have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Public Works Roads Supervisor's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Public Works Roads Supervisor's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: Page189 written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Public Works Roads Supervisor and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Public Works Roads Supervisor in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.0 LA and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0I.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Public Works Roads Supervisor. Page190 8.02 Replacement of Public Works Roads Supervisor A. In case of termination of the employment of Public Works Roads Supervisor, Owner shall appoint an Public Works Roads Supervisor to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Public Works Roads Supervisor. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements: Reports and Tests A. Owner's duties with respect to providing lands and easements and providing Public Works Roads Supervisor surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program Page 191 A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 - PUBLIC WORKS ROADS SUPERVISOR'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Public Works Roads Supervisor will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Public Works Roads Supervisor as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Public Works Roads Supervisor will make visits to the Site at intervals appropriate to the various stages of construction as Public Works Roads Supervisor deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Public Works Roads Supervisor, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Public Works Roads Supervisor will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Public Works Roads Supervisor's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Public Works Roads Supervisor will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Public Works Roads Supervisor's visits and observations are subject to all the limitations on Public Works Roads Supervisor's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Public Works Roads Supervisor's visits or observations of Contractor's Work, Public Works Roads Supervisor will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Public Works Roads Supervisor agree, Public Works Roads Supervisor will furnish a Resident Project Representative to assist Public Works Roads Supervisor in providing more extensive observation of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE (the "Listing"), as included in the Project Manual, and as provided in Paragraph 9.09. If any conflicts exist between the Listing and Paragraph 9.09, the terms and conditions of the Listing shall govern. If Owner designates another representative or agent to represent Owner at the Site who is not Public Works Roads Supervisor's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as presented at the Pre -Construction Meeting. 9.04 Authorized Variations in Work A. Public Works Roads Supervisor may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to Page 192 agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Public Works Roads Supervisor will have authority to reject Work which Public Works Roads Supervisor believes to be defective, or that Public Works Roads Supervisor believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Public Works Roads Supervisor will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Public Works Roads Supervisor's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Public Works Roads Supervisor's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Public Works Roads Supervisor's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Public Works Roads Supervisor's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Public Works Roads Supervisor will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Public Works Roads Supervisor will review with Contractor the Public Works Roads Supervisor's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Public Works Roads Supervisor's written decision thereon will be final and binding (except as modified by Public Works Roads Supervisor to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Public Works Roads Supervisor will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Public Works Roads Supervisor in writing within 30 days of the event giving rise to the question. B. Public Works Roads Supervisor will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Public Works Roads Supervisor's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Public Works Roads Supervisor's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Public Works Roads Supervisor will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. Page193 9.09 Limitations on Public Works Roads Supervisor's Authority and Responsibilities A. Neither Public Works Roads Supervisor's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Public Works Roads Supervisor in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Public Works Roads Supervisor shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Public Works Roads Supervisor to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Public Works Roads Supervisor will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Public Works Roads Supervisor will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Public Works Roads Supervisor will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Public Works Roads Supervisor's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Prop -ram A. While at the Site, Public Works Roads Supervisor's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Public Works Roads Supervisor has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders Page 194 A. Owner and Contractor shall execute appropriate Change Orders recommended by Public Works Roads Supervisor covering: changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0LA, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Public Works Roads Supervisor pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Public Works Roads Supervisor's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Public Works Roads Supervisor for decision. A decision by Public Works Roads Supervisor shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Public Works Roads Supervisor and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Public Works Roads Supervisor and the other party to the Contract within 60 days after the start of such event (unless Public Works Roads Supervisor allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Public Works Roads Supervisor and the claimant within 30 days after receipt of the claimant's last submittal (unless Public Works Roads Supervisor allows additional time). C. Public Works Roads Supervisor's Action: Public Works Roads Supervisor will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Public Works Roads Supervisor is unable to resolve the Claim if, in the Public Works Roads Supervisor's sole discretion, it would be inappropriate for the Public Works Page195 Roads Supervisor to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Public Works Roads Supervisor does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Public Works Roads Supervisor's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11- COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.0I.B, and shall include only the following items: Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Public Works Roads Supervisor, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Public Works Roads Supervisors, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: Page 196 a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. C. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Public Works Roads Supervisor, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.13), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, Public Works Roads Supervisors, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0i.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. Page197 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0LA and 11.0I.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Public Works Roads Supervisor an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Public Works Roads Supervisor. B. Cash A 11owances: Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Public Works Roads Supervisor to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Public Works Roads Supervisor subject to the provisions of Paragraph 9.07. Page198 C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Contractor may not make a claim for additional expenses incurred as a result of a difference between final quantity of any item(s) of Unit Price Work and the estimated quantity of such item(s) in the Contract Documents, unless specifically allowed in the Bid Form. Any adjustments specifically allowed shall be made in accordance with directions in the Bid Form. Owner may make a claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if the Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of such decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Public Works Roads Supervisor and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: a mutually acceptable fixed fee; or if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; C. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A. I and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.01.A.5, and 11.0 LB; Page 199 the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0I.C.2.a through 12.0I.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Public Works Roads Supervisor and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Public Works Roads Supervisor, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Public Works Roads Supervisor, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Page 1 100 A. Prompt notice of all defective Work of which Owner or Public Works Roads Supervisor has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Public Works Roads Supervisor, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give twenty-four hours notice to Design Criteria Professional for all required inspections, tests, or approvals, except as otherwise provided, and shall cooperate with inspection and testing personnel to facilitate required inspections, tests or approvals. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Public Works Roads Supervisor the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Public Works Roads Supervisor's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Public Works Roads Supervisor. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Public Works Roads Supervisor, Contractor shall, if requested by Public Works Roads Supervisor, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Public Works Roads Supervisor timely notice of Contractor's intention to cover the same and Public Works Roads Supervisor has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Public Works Roads Supervisor, it must, if requested by Public Works Roads Supervisor, be uncovered for Public Works Roads Supervisor's observation and replaced at Contractor's expense. B. If Public Works Roads Supervisor considers it necessary or advisable that covered Work be observed by Public Works Roads Supervisor or inspected or tested by others, Contractor, at Public Works Roads Page1101 Supervisor's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Public Works Roads Supervisor may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Public Works Roads Supervisor, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and Page1102 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Public Works Roads Supervisor's recommendation of final payment, Public Works Roads Supervisor) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Public Works Roads Supervisor as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Public Works Roads Supervisor's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Public Works Roads Supervisor to correct defective Work, or to remove and replace rejected Work as required by Public Works Roads Supervisor in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Public Works Roads Supervisor and Public Works Roads Page 1 103 Supervisor's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Public Works Roads Supervisor. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: I. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Public Works Roads Supervisor for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Public Works Roads Supervisor will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Public Works Roads Supervisor's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. Page1104 Public Works Roads Supervisor's recommendation of any payment requested in an Application for Payment will constitute a representation by Public Works Roads Supervisor to Owner, based on Public Works Roads Supervisor's observations of the executed Work as an experienced and qualified design professional, and on Public Works Roads Supervisor's review of the Application for Payment and the accompanying data and schedules, that to the best of Public Works Roads Supervisor's knowledge, information and belief a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 4.07, and any other qualifications stated in the recommendation); and C. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Public Works Roads Supervisor's responsibility to observe the Work. By recommending any such payment Public Works Roads Supervisor will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Public Works Roads Supervisor in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Public Works Roads Supervisor's review of Contractor's Work for the purposes of recommending payments nor Public Works Roads Supervisor's recommendation of any payment, including final payment, will impose responsibility on Public Works Roads Supervisor: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or C. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Public Works Roads Supervisor may refuse to recommend the whole or any part of any payment if, in Public Works Roads Supervisor's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Public Works Roads Supervisor may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Public Works Roads Supervisor's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; Page1105 b. the Contract Price has been reduced by Change Orders; C. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Public Works Roads Supervisor has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Public Works Roads Supervisor's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; C. there are other items entitling Owner to a set-off against the amount recommended, including unsatisfactory work and/or claims against owner on other projects for Wellington; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Public Works Roads Supervisor, Owner will give Contractor immediate written notice (with a copy to Public Works Roads Supervisor) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I I. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Public Works Roads Supervisor in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Public Works Roads Supervisor issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Public Works Roads Supervisor shall make an inspection of the Work to determine the status of completion. If Public Works Roads Supervisor Page1106 does not consider the Work substantially complete, Public Works Roads Supervisor will notify Contractor in writing giving the reasons therefor. C. If Public Works Roads Supervisor considers the Work substantially complete, Public Works Roads Supervisor will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Public Works Roads Supervisor as to any provisions of the certificate or attached list. If, after considering such objections, Public Works Roads Supervisor concludes that the Work is not substantially complete, Public Works Roads Supervisor will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Public Works Roads Supervisor considers the Work substantially complete, Public Works Roads Supervisor will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Public Works Roads Supervisor believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Public Works Roads Supervisor will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Public Works Roads Supervisor in writing prior to Public Works Roads Supervisor's issuing the definitive certificate of Substantial Completion, Public Works Roads Supervisor's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Public Works Roads Supervisor, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Public Works Roads Supervisor will follow the procedures of Paragraph 14.04.A through D for that part of the Work. Contractor at any time may notify Owner and Public Works Roads Supervisor in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Public Works Roads Supervisor to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner, Contractor, and Public Works Roads Supervisor shall make an inspection of that part of the Work to determine its status of completion. If Public Works Roads Supervisor does not consider that part of the Work to be substantially complete, Public Works Roads Supervisor will notify Owner and Contractor in writing giving the reasons therefor. If Public Works Roads Supervisor considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. Page 1 107 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Public Works Roads Supervisor will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: After Contractor has, in the opinion of Public Works Roads Supervisor, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety, if any, to final payment; C. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Public Works Roads Supervisor's Review of Application and Acceptance: If, on the basis of Public Works Roads Supervisor's observation of the Work during construction and final inspection, and Public Works Roads Supervisor's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Public Works Roads Supervisor is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Public Works Roads Supervisor will, within ten days after receipt of the final Application for Payment, indicate in writing Public Works Roads Supervisor's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Public Works Roads Supervisor will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Public Works Roads Supervisor will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. Page 1 108 C. Payment Becomes Due: Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Public Works Roads Supervisor, less any sum Owner is entitled to set off against Public Works Roads Supervisor's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Public Works Roads Supervisor so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Public Works Roads Supervisor, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Public Works Roads Supervisor with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Public Works Roads Supervisor which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: I. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Public Works Roads Supervisor; or Page1109 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of Public Works Roads Supervisors, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Public Works Roads Supervisor as to their reasonableness and, when so approved by Public Works Roads Supervisor, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Owner, in its sole discretion, may choose not to terminate Contractor's services if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 15 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0I.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. The Owner may terminate this contract for convenience upon providing Contractor fourteen (14) days written notice of the same. If this Contract is terminated as provided herein, the Contractor shall be paid for all completed and acceptable work executed and allowable expenses incurred prior to the date of termination. Payment shall include services actually performed in full prior to termination date, but shall exclude all lost profits, direct, indirect, consequential, special damages, or other damages for the remainder of the project. If a court of competent jurisdiction finds that the Owner wrongfully terminated this Contract, then in such event, this Contract shall be deemed terminated for convenience as provided for in this Paragraph 15.03A., and the Contractor shall not be entitled to damages or loss of profits, but may be entitled to all items as authorized herein. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Public Works Roads Supervisor fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to Page1110 pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Public Works Roads Supervisor, and provided Owner or Public Works Roads Supervisor do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Public Works Roads Supervisor has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Public Works Roads Supervisor, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - 16.01 [This paragraph intentionally left blankl. ARTICLE 17 - MISCELLANEOUS 17.01 GivingNotice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if- 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2, delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the Iaw of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the State of Florida. Page IIII 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. ARTICLE 18 - NO DAMAGES FOR DELAY 18.01 No Damages for Delay A. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST OWNER BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from Owner for direct, indirect, consequential, impact or other costs, expenses, or damages, including, but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance be reasonable or unreasonable, foreseeable, or avoidable or unavoidable. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delays, in accordance with and to the extent specifically provided herein. END OF SECTION Page 1 112 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The General Conditions may also be supplemented elsewhere in the Contract Documents. The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. PART 1 — MODIFICATIONS AND SUPPLEMENTS TO GENERAL CONDITIONS AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC-4.02B. Limited Reliance by Contractor on Technical Data Authorized [Insert the identification of any "technical data", if any, found in reports or drawings that may be relied upon by the Contractor.] SC-4.06B. Limited Reliance by Contractor on Technical Data Authorized [Insert the identification of any "technical data", if any, found in reports or drawings that may be relied upon by the Contractor.] BONDS AND INSURANCE: SC-5.04 Contractor's Insurance The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Worker's Compensation, etc., under paragraphs 5.04.A.1 and A.2 of the General Conditions: (1) State: Statutory (2) Applicable Federal (e.g. Longshoreman's and Harbour Workers' Compensation, Maritime, Jones Act, etc.): Statutory (3) Employer's Liability: $500,000 The coverage and the limits of liability for employer's liability are modified to read as follows: $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Also, the following wording is added governing employer's liability for contractors that are not incorporated or lease employees: If the contractor is not an incorporated entity (i.e. sole proprietor/partnership), or Leases Employees (under the alternate employer laws of the State of Florida), the Owner shall require a minimum premium policy meeting the aforementioned requirements even though not required by the Worker's Compensation Laws of the State of Florida. Unless and until Owner provides the Owner with proof of exemption and such forms and proof that the Owner deems appropriate. Comprehensive General Liability (under paragraphs 5.04.A.3 through A.6 of the General Conditions): (1) Including coverage for Premises/Operations Liability on an occurrence basis, Contractual Liability, Independent Contractors, Products/Completed Operations Liability on an occurrence basis, and Personal Injury Coverage with the employee exclusion deleted. The Owner will not accept exclusion for explosion, collapse, or underground in the policy. Pagel 113 Acceptable minimum limits are: $1,000,000 general aggregate $1,000,000 products and completed operations aggregate $1,000,000 personal injury and advertising injury $1,000,000 each occurrence The required limits may be met by the issuance of an excess or umbrella coverage policy so long as the Owner and Public Works Roads Supervisor are named as an additional insured on such policies. (2) Personal Injury $1,000,000 Annual Aggregate Comprehensive Automobile Liability shall include coverage for owned vehicles, non -owned vehicles, and hired vehicles. Acceptable minimum limits are $1,000,000 combined single limit for bodily injury and property damage. CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS: SC-6.08 Permits Not Applicable PART 2 — ADDITIONAL SUPPLEMENTARY CONDITIONS The following forms included in the Project Manual shall be used by Contractor for submittals required by the Contract Documents (unless Owner accepts other form): a. Construction Performance Bond (00610). b. Construction Payment Bond (00620). C. Contractor's Affidavit to Owner (00670). d. Form of Application for Payment (00680). e. This space left blank intentionally. DESIGN PROFESSIONALS REPRESENTING OWNER AND/OR PUBLIC WORKS ROADS SUPERVISOR AND DIVISION OF RESPONSIBILITIES a. Various Design Professionals (i.e. Civil, Structural, Mechanical, Electrical, Groundwater Hydrology, Environmental, etc.) as consultants to Owner and/or Public Works Roads Supervisor, prepared or assisted in the preparation of Drawings and Specifications for the Project. The Owner and/or Public Works Roads Supervisor may have the various Design Professionals provide services during construction phase of the Project. The Design Professionals will be representatives of the Owner and/or Public Works Roads Supervisor. Visits to the site by the Design Professionals will be on the basis of General Conditions Paragraph 9.02. VISITS TO SITE. Also, General Conditions Paragraphs 9.10. LIMITATIONS ON PUBLIC WORKS ROADS SUPERVISOR'S RESPONSIBILITIES includes the various Design Professionals for this Project. MISCELLANEOUS Page1114 1. When the Contractor herein receives payment from the Owner for labor, services or materials furnished by subcontractor and suppliers hired by the Contractor, the Contractor shall remit payment due those parties within Ten (10) days after receipt of payment from the Owner, unless otherwise provided for by Florida Law. 2. The parties hereto agree to develop a list of uncompleted items which shall be known as the "Punch List", which shall be those items that are required to be completed by the Contractor at the date set for Substantial Completion in the Contract Documents. If the Project herein is a phased project the parties agree to develop such Punch List for each phase based upon the date(s) set for substantial completion of each phase within the time set forth above. The Owner shall provide the Contractor with a list of Punch List items developed by either, the Owner and/or Public Works Roads Supervisor. The Contractor agrees to the Punch List developed herein and this process. Regardless of the foregoing, nothing herein shall alter the responsibility of the Contractor to complete all construction services, materials and items contracted herein by the Owner. The Owner shall have the right, but not the obligation, to withhold the Owners, and/or Public Works Roads Supervisors estimated cost of completion for such items on the Punch List referenced above. The Contractor, by execution of this Contract, agrees to the same. Regardless of any provision to the contrary, the Owner may withhold from each of the Contractor's pay requests an amount not to exceed Ten 10% of the payment as retainage until 50% of completion of the Work/Contract as determined by either the Owner or Public Works Roads Supervisor. The Contractor by execution of this Agreement hereby agrees to the same. After 50% completion of the Contract as determined herein the Owner agrees to reduce the retainage to five (5) % of each draw schedule/pay request of the Contractor. Regardless of the foregoing, nothing herein shall require the Owner to reduce retainage to the Contractor if the Owner has determined that the Contractor is in default or if the Owner or Public Works Roads Supervisor reasonably believes that the retainage and/or future payments to the Contractor will not be enough for the Owner to complete the Work/Project or cover its damages as a result of the Contractor's breach or default or for any other reason, or there is a good faith dispute by Owner against the Contractor and/or its bonding company. 3. Deductions of Work — The Owner reserves the right to remove any items from the scope of work in the Contract Documents by the deductive change order. Such deduction shall be determined by the Public Works Roads Supervisor using the Contractor's Schedule of Values. The deductions, if any, shall not be considered a cardinal change to the contract. The parties hereto recognize that the Owner has materially relied on this provision in entering into contract with Contractor. Such value deduction shall be conclusive as it relates to utilizing the Contractor's Schedule of Values. 4. The Contractor shall also provide to the Owner AIA Form G-702 and G-703 with the Wellington's application for payment form on each draw. 5. Prior to any payment being made herein the Contractor shall provide all partial release of liens determined by the Owner. END OF SECTION Page1115 REQUEST FOR PROOF OF WORKERS COMPENSATION INSURANCE OR EXEMPTION Dear Provider of Services or Goods: In order to provide services or goods to the Wellington, we require that you provide us either proof of workers compensation coverage or proof of exemption. Workers compensation insurance is required of all employers in Florida that employ 4 or more part or full time employees. In the event that you are an employer in the construction industry, you are required to have workers compensation insurance if you employ one or more workers. Corporate officers and sole proprietors are included when calculating the number of employees. Note: Corporate officers may claim exemption from workers compensation coverage on themselves only, by filing Form DWC 250, Notice of Election to Be Exempt. This form can be found at httn:Hfldfs.com/WC/forms.html. If you meet the above criteria to be exempt, you MUST provide us with one of the following: If your business is a sole proprietorship or unincorporated business: provide us a Verification of Automatic Exempt Certificate. This verification is a letter that is issued by the State of Florida Department of Financial Services. To receive a letter from the State, complete the following directions: 1) Call the National Council of Compensation Insurance 1-800-622-4123, Option 5, and ask them for the class code for your type of business. 2) Once you have received this code, call the Department of Financial Services at 1-850-413-1601 and provide them your business name, class code, mailing address, and contact phone number. They will send you the Verification of Automatic Exempt Certificate. 3) Provide us a copy of the Verification of Automatic Exempt Certificate. If your business is a corporation (including a professional association or limited liability company), and you are not required to have workers compensation insurance as per the requirements as outlined above, you must complete the attached Workers Compensation Exemption Affidavit, have it notarized, and return the original to us. If you are an employer that meets the requirements of workers compensation and needs to obtain coverage, contact your current business insurance agent, or you may use the following resources to locate an agent: www.faia.com., www.piafl.org_/wc-infb.j2d , or call (850) 893-8245. Please be reminded that the furnishing of this information to Wellington is a non-negotiable requirement to perform services for us. Failure to provide this timely may result in either termination of your services or delay of payment for services. Your workers compensation Certificate of Coverage, Workers Compensation Exemption Affidavit, or Verification of Automatic Exempt Certificate must be delivered or mailed to the Purchasing Department located at 12300 Forest Hill Boulevard, Wellington, Florida, 33414. Page1116 WORKERS COMPENSATION EXEMPTION AFFIDAVIT (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON -RESPONSIVE) Form should be completed by an officer of a sole proprietorship or a corporation with three (3) or less employees. Form must be signed and notarized. Name Address Phone First Last Street City Home This is to certify that _ (Business Name) Business is a Street City State Zip Sole Proprietorship OR Corporation/Partnership And has employees, other than the owner his/her self. (no. of employees) Therefore, under the terms of Chapter 440,F.W., Workers' Compensation regulations it is NOT necessary for the above company to carry Workers' Compensation Insurance. Sworn and subscribed to me this Personally known Or, Produced ID Page1117 (signature) day of , 20 (Type Produced) NOTARY PUBLIC My Commission Expires: WELLINGTON LOCAL PREFERENCE APPLICATION TO BE CONSIDERED A LOCAL BUSINESS IN ACCORDANCE WITH WELLINGTON FLORIDA'S LOCAL PREFERENCE POLICY (SECTION 2.12.F OF WELLINGTON'S PURCHASING AND PROCUREMENT MANUAL) Wellington gives preference to local businesses in certain purchasing situations as set forth in Section 2.12(F) of Wellington's Purchasing and Procurement Manual. In order to be considered a local business, entitled to be given preference, the business must make application with Wellington and meet one of the following criteria as such is more fully set forth in Section 2.12.F(2) of Wellington's Purchasing and Procurement Manual: 2.12.F (2) Definition of Local Businesses Western Communities Local Business - For the purpose of determining a "Western Communities local business" a vendor must have a principal permanent business location and headquarters within Wellington, Florida or west of the Florida Turnpike to the Palm Beach County western boundary line as depicted in Exhibit "A" hereto. This applies to all entity formations, including, but not limited to, limited liability companies, partnerships, limited partnerships and the like or sole proprietors. Further, the entity or sole proprietor must provide that it, he or she has been domiciled and headquartered in the jurisdictional boundaries of the Western Communities for at least six months prior to the solicitation. Post Office boxes will not be considered a permanent business location within the Western Communities. Home business offices shall be considered as a business location if it otherwise meets the requirements herein. In order to be eligible for such local preference the vendor shall have a local business tax receipt pursuant to the County's and/or municipalities' Code of Ordinances, having jurisdiction over the location of the business, unless otherwise exempt there from. Further, the vendor must be properly licensed and authorized by law to provide the goods, services or professional services to the extent applicable and the location of the business must be properly zoned in order for the vendor to conduct its business. Palm Beach County local business - For the purpose of determining a "Palm Beach County local business" a vendor must have a principal permanent business location and headquarters within Palm Beach County, Florida. This applies to all entity formations, including, but not limited to, limited liability companies, partnerships, limited partnerships and the like or sole proprietors. Further, the entity or sole proprietor must provide that it, he or she has been headquartered and domiciled in the jurisdictional boundaries of Palm Beach County, Florida for at least six months prior to the solicitation. Post Office boxes will not be considered a permanent business location within Palm Beach County, Florida. Home business offices shall be considered as a business location if it otherwise meets the requirements herein. In order to be eligible for such local preference the vendor shall have a local business tax receipt pursuant to the Palm Beach County Code of Ordinances as amended from time to time, unless otherwise exempt there from. Further, the vendor must be properly licensed and authorized by law to provide the goods, services or professional services to the extent applicable and the location of the business must be properly zoned in order for the vendor to conduct its business. Subcontractor utilization - In competitive bid situations, a business may also qualify as either a Palm Beach County or Western Community local business if they are utilizing subcontractors to perform the work or materialmen to supply the job and more than fifty (50%) percent of their proposed bid price will be paid to subcontractors and/or materialmen who qualify, under the above standards, as Palm Beach County and/or Western Community local businesses. Please check the box below indicating which preference category your business is applying for: ❑ Western Communities Local Business ❑ Palm Beach County Local Business ❑ Subcontractor Utilization Page1118 1. The name of the business is: 2. The address of the business is: 3. How long has the business been located at its current address: 4. If the business has relocated within the last six months, please provide the answers to questions 1-3 for the previous location: 5. The previous name of the business is: 6. The previous address of the business is: 7. How long was this business at the previous location: 8. If the business is attempting to qualify under the subcontractor utilization provision, please provide a breakdown of the subcontractors who would qualify for either the Palm Beach County or Western Community, business classification, the requisite information, provide their responses to the above 1 - 7 questions and for each of the subcontractors, indicate the amount that they are proposed to be compensated at under the bid price. 9. The business as a local business tax receipt from: (1) Palm Beach County ❑ (2) the following municipality: (3) located in unincorporated Palm Beach County: ❑ 10. Please provide a copy of Local Business Tax Receipts from Palm Beach County and the applicable municipality are attached. 11. Please provide a Certificate of Good Standing indicating the formation or domestication of the entity in and for the State of Florida is attached. 12. Please provide copies of licenses if applicable from the State of Florida authorizing the business to provide the good services or professional services contemplated in the bid documents. 13. Please provide a letter from the either the Palm Beach County if located in unincorporated Palm Beach County or the municipality if located within the municipality evidencing that the headquarters for the business is properly zoned for the business. By signing below, I hereby certify that under penalty of perjury I believe my business qualifies as a Palm Beach County, Western Community or subcontractor utilization business in accordance with Wellington's Local Preference Policy and that I have submitted current and accurate information and documents relating to my qualifications. I further acknowledge and agree that any fraudulent or duplicitous information submitted in furtherance of this application will be grounds for disqualification from bidding on this project and doing business with Wellington in the future. Applicants Federal Tax ID Number - Applicants Business Address Page1119 Signature of Authorized Representative of Corporation, Partnership, or other business entity: Print Name: Title: Date: CITY OF: COUNTY OF: SUBSCRIBED AND SWORN TO (or affirmed) before me on this day of , 2010, by . He/She is personally known to me or has presented as identification. (Signature of Notary) (Print or Stamp Name of Notary) Notary Public Notary Seal (State) Signature of Individual if Sole Proprietor: Print Name: Date: CITY OF: COUNTY OF: SUBSCRIBED AND SWORN TO (or affirmed) before me on this day of , 2010, by . He/She is personally known to me or has presented as identification. (Type of Identification) (Signature of Notary) (Print or Stamp Name of Notary) Notary Public (State) Page1120 Notary Seal RESIDENT PROJECT REPRESENTATIVE PUBLIC WORKS ROADS SUPERVISOR may furnish a Resident Project Representative (RPR), assistants and other field staff to assist PUBLIC WORKS ROADS SUPERVISOR in observing performance of the Work of the Contractor. RPR may only be part-time on site, and CONTRACTOR shall coordinate with RPR as required in the Contract Documents. Through on -site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, PUBLIC WORKS ROADS SUPERVISOR shall endeavor to provide further protection for OWNER against defects and deficiencies in the Work; but, the furnishing of such services will not make PUBLIC WORKS ROADS SUPERVISOR responsible for or give PUBLIC WORKS ROADS SUPERVISOR control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. The duties and responsibilities of the RPR are limited to those of PUBLIC WORKS ROADS SUPERVISOR in PUBLIC WORKS ROADS SUPERVISOR's agreement with the OWNER and in the construction Contract Documents, and are further limited and described as follows: A. GENERAL RPR is PUBLIC WORKS ROADS SUPERVISOR'S agent at the site, will act as directed by and under the supervision of PUBLIC WORKS ROADS SUPERVISOR, and will confer with PUBLIC WORKS ROADS SUPERVISOR regarding RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in general be with PUBLIC WORKS ROADS SUPERVISOR and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of PUBLIC WORKS ROADS SUPERVISOR. B. DUTIES AND RESPONSIBILITIES OF RPR 1. SCHEDULES: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with PUBLIC WORKS ROADS SUPERVISOR concerning acceptability. 2. CONFERENCES AND MEETINGS: Attend meetings with CONTRACTOR, such as pre -construction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3. LIAISON: a. Serve as PUBLIC WORKS ROADS SUPERVISOR's liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist PUBLIC WORKS ROADS SUPERVISOR in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on -site operations. b. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. SHOP DRAWINGS AND SAMPLES: a. Record date of receipt of Shop Drawings and samples. b. Receive samples, which are furnished at the site by CONTRACTOR, and notify PUBLIC WORKS ROADS SUPERVISOR of availability of samples for examination. Page1121 c. Advise PUBLIC WORKS ROADS SUPERVISOR and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by Public Works Roads Supervisor. 5. REVIEW OF WORK, REJECTION OF DEFECTIVE WORK, INSPECTIONS AND TESTS: a. Conduct on -site observations of the Work in progress to assist PUBLIC WORKS ROADS SUPERVISOR in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to PUBLIC WORKS ROADS SUPERVISOR whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise PUBLIC WORKS ROADS SUPERVISOR of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to PUBLIC WORKS ROADS SUPERVISOR appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to PUBLIC WORKS ROADS SUPERVISOR. 6. INTERPRETATION OF CONTRACT DOCUMENTS: Report to PUBLIC WORKS ROADS SUPERVISOR when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by PUBLIC WORKS ROADS SUPERVISOR. 7. MODIFICATIONS: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to PUBLIC WORKS ROADS SUPERVISOR. Transmit to CONTRACTOR decisions as issued by PUBLIC WORKS ROADS SUPERVISOR. 8. RECORDS: a. Maintain at the job site or PUBLIC WORKS ROADS SUPERVISOR's office files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, PUBLIC WORKS ROADS SUPERVISOR' clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Record names, addresses, and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9. REPORTS: a. Furnish PUBLIC WORKS ROADS SUPERVISORS periodic reports as required of progress of the Work and of CONTRACTORSs compliance with the progress schedule and schedule of Shop Drawings and sample submittals. Page1122 b. Consult with PUBLIC WORKS ROADS SUPERVISOR in advance of scheduled major tests, inspections, or start of important phases of the Work. C. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to PUBLIC WORKS ROADS SUPERVISOR Change Orders, Work Directive Changes, and Field Orders. d. Report immediately to PUBLIC WORKS ROADS SUPERVISOR and OWNER upon the occurrence of any accident witnessed by RPR or that was otherwise made known to RPR. 10. PAYMENT REOUESTS: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to PUBLIC WORKS ROADS SUPERVISOR, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. CERTIFICATES, MAINTENANCE AND OPERATION MANUALS: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to PUBLIC WORKS ROADS SUPERVISOR for review and forwarding to OWNER prior to final payment for the Work. 12. COMPLETION: a. Before PUBLIC WORKS ROADS SUPERVISOR issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of PUBLIC WORKS ROADS SUPERVISOR, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Observe that all items on final list have been completed or corrected and make recommendations to PUBLIC WORKS ROADS SUPERVISOR concerning acceptance. C. LIMITATIONS OF AUTHORITY Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by PUBLIC WORKS ROADS SUPERVISOR. 2. Shall not exceed limitations of PUBLIC WORKS ROADS SUPERVISOR's authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR's superintendent. 4. Shall not advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the Work. 6. Shalt not accept Shop Drawing or sample submittals from anyone other than Contractor. Page1123 7. Shall not authorize OWNER to occupy the Property in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by PUBLIC WORKS ROADS SUPERVISOR. END OF SECTION GENERAL REQUIREMENTS SECTION 1000 1.0 PROJECT LOCATION This Project is located in Wellington, Florida. See Drawings for specific location. 2.0 SCOPE OF WORK A. The Work to be performed by the Contractor includes furnishings all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to modify, construct, complete, deliver and place in operation the subject Project as shown on the Drawings and/or as herein described as specified. All Work to be in accordance with the Contract Documents. 3.0 REFERENCE POINTS A. The reference points which will be provided by the Owner as mention in Article 4.05 of the General Conditions, will be the staking (or otherwise marking) of the baseline as shown on the Drawings. A benchmark for vertical control will also be provided. All construction staking to be provided by the Contractor. 4.0 GRADES, DIMENSIONS, AND ELEVATIONS A. Grades shown are finished grades. Written dimensions have preference over scaled dimensions. All elevations are based on the 1929 National Geodetic Vertical Datum (N.G.V.D.). 5.0 EXISTING STRUCTURES AND UTILITIES A. All known utilities have been shown on the Drawings according to the best information available. It is the Contractor's responsibility to contact all owners of structures or utilities above ground, on the surface, or below the ground, within the Project area so that said owners may stake, otherwise mark, or protect their facilities. The Contractor must provide facilities and be responsible for the protection of all structures, buildings and utilities, underground, on the surface, or above ground against trenching, dewatering, or any other activity connected with the Work throughout the entire Contract Time. B. When structures and utilities have been properly shown or marked and are disturbed or damaged in the execution of the Work, they must be repaired immediately in conformance with best standard practice and the approval of the owner of the damaged utility or structure. In the case of structures and utilities which have not been properly shown or located as outlined above and are disturbed or damaged in the prosecution of the Work, take whatever steps are necessary for safety and notify the affected utility owner and avoid any actions which might cause further damage to the structure or utility. C. Should the Work require repairs, changes, or modifications of the Owner's utilities as well as other utilities, it is the responsibility of the Contractor to provide for the maintenance of continuous water, sewage, electric, telephone and other utility services to all present customers of such utilities, unless approval in writing is secured from the applicable utility company or Owner for interruption of such service. 6.0 QUALITY CONTROL Page1124 A. Testing Laboratory Services - All tests and analyses, which are called for in the Specifications and/or Drawings to be performed by an Independent Testing Laboratory, will be at the Contractor's expense unless otherwise specified, provided the tests and analyses determine that the material(s) and/or Work meets the requirements as specified. All such tests that pass or fail to meet the Project requirements are to be paid by the Contractor. B. Field Observations - Provide twenty-four (24) hour notification to the Public Works Roads Supervisor for all specified field observations, unless otherwise noted. 7.0 MOBILIZATION A. Consists of the preparatory Work and operations in mobilizing for beginning Work on the Project, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to the Project site, and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities, as required by these Specifications, and State and local laws and regulations. The costs of bonds, insurance and any other pre -construction expenses necessary for the start of the Work, excluding the cost of construction materials, is to be included in Mobilization. B. When the Bid Form includes a separate pay item for Mobilization, partial payments will be made in accordance with the following: Percent of Original Contract Amount Earned Allowable Percent of the Lump Sum Price for the Item 5 25 25 50 50 75 100 100 The standard retainage will be applied to these payments. Previous payments for Mobilization and unpaid amounts on Allowances will not be considered in calculating the percent of the Contract Price earned. Payments will be made in stepped increments as shown and will not be interpolated between steps. C. When the Bid Form does not include a separate item for Mobilization, all Work and incidental costs specified as being covered under Mobilization is to be included for payment under the several scheduled items on the Bid Form, and no separate payment will be made therefor. 8.0 MAINTENANCE OF TRAFFIC A. The Contractor's use of streets and highways for the Work to be done under these Specifications, shall conform to all applicable Municipal, County, State and Federal laws and regulations. Provide, erect, and maintain effective barricades, warning lights, and signs on all intercepted streets or highways for protection of the Work and safety of the public. All barricades or obstructions, which encroach on or are adjacent to the public rights of way, should be provided with lights, which are illuminated at all times between sunset and sunrise. B. Arrange Work to cause minimum disturbance of normal pedestrian and vehicular traffic and be responsible for providing suitable means of access to all public and private properties during all stages of the construction. Other than for an emergency safety condition, the Contractor must contact the Owner and Public Works Roads Supervisor for approval prior to completely blocking off any street to vehicular traffic during construction. C. Maintain traffic in accordance with Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 1991 Edition, except as follows: Page1125 1. Contractor is responsible for preparing Maintenance of Traffic plan. Submit plan for Owner or roadway authority (City, County, D.O.T.) review only if requested to do so by the Public Works Roads Supervisor. When required by the roadway authority, the Maintenance of Traffic plan must be prepared by a person who is certified by the State of Florida to prepare such plan. 2. When the Bid Form does not include a separate item for Maintenance of Traffic, the costs are to be included for payment under the several scheduled items on the Bid Form, and no separate payment will be made therefore. 9.0 PLACING EQUIPMENT INTO SERVICE A. Do not operate or place into service or energize, electrical and mechanical equipment until approved by the Owner and Public Works Roads Supervisor. Such approval may be granted only after all interested parties have been duly notified, have given approval for placing the equipment into service, and all interest parties are present or waived their right to be present. Notify the Owner and Public Works Roads Supervisor as far in advance as possible of the dates that various items and equipment will be completed and ready for start-up. 10.0 SALVAGEABLE MATERIAL A. All salvageable material and/or equipment removed from the existing construction for which specific use, relocation or other disposal is not specifically noted on the Drawings or otherwise specified, will remain the property of the Owner and be turned over to him. All material and/or equipment not in salvageable condition as determined by the Public Works Roads Supervisor must be disposed of by the Contractor. The actual storage site for salvageable material will be designated by the Owner. 11.0 BORING LOGS, OTHER REPORTS AND DRAWINGS UTILIZED BY PUBLIC WORKS ROADS SUPERVISOR A. Boring Logs, other reports, and Drawings utilized by Public Works Roads Supervisor, if attached at the end of these Specifications, are provided for Contractor's information in accordance with paragraph 4 of the Instructions to Bidders and are not a part of the Contract Documents. There is no technical data in the Boring Logs, other reports or Drawings that should be relied on by the Contractor. There also were no other reports or drawings utilized by Public Works Roads Supervisor in preparation of the Contract Documents that contained data that could be relied on by the Contractor. 12.0 DISPOSAL OF EXCAVATED MATERIALS AND DEBRIS A. All excess excavated material and debris not required for backfill (unless otherwise noted), broken pipe, sidewalks, curbs and other concrete items, together with all roots, boards and other debris are to be disposed of by the Contractor at an appropriate legal site. 13.0 PROTECTION AND RESTORATION OF SURVEY MONUMENTS A. The Contractor shall be responsible for protecting and restoring all land and property corners, such as section corners, '/4 section corners, property corners or block control points, and for maintaining all horizontal and vertical control points. All surveying work shall be the responsibility of the Contractor and shall be performed under the supervision of a Florida Registered Land Surveyor. Survey points that will be destroyed during construction shall be properly referenced and replaced at the Contractor's expense with permanent monuments approved by the PUBLIC WORKS ROADS SUPERVISOR. 14.0 EQUIPMENT A. All construction equipment necessary and required for the proper construction of this project shall be on the construction site, in first-class working condition, and shall have been approved by the Public Works Roads Supervisor before construction is permitted to start. The Contractor shall provide such tamping tools and equipment as are necessary for the proper compaction of the backfill. 15.0 STORAGE SITES Page 1 126 A. The contractor shall furnish, at his expense, properly zoned areas suitable for field offices, material storage and equipment service, and storage. The Contractor shall maintain these areas in a clean, orderly condition so as not to cause a nuisance in the area. The Contractor shall restore the storage area to its original or better condition, with all its appurtenances, in kind, to the satisfaction of the Public Works Roads Supervisor. 16.0 LABORATORY TESTS A. Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment required under these specifications shall be in accordance with the latest standards or tentative of the American Society for Testing Materials or the latest standards or methods of the American Association of State Highway and Transportation Officials (AASHTO). B. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otherwise. The Contractor shall furnish the required samples without charge. The Contractor shall give sufficient notification of the placing of orders for materials to permit testing. In locations where corings are taken b the he approved testing lab, the Contractor shall be responsible for plugging these core holes. C. All material tests will be made by an independent testing laboratory to be selected by the Owner (refer to Supplementary Conditions). Where tests indicate that materials and/or construction quality are in accordance with specified requirements, the Contractor shall bear the testing cost. When tests reveal that conditions or materials do not comply with the specifications, the cost of such tests shall be assessed against the Contractor. 17.0 MEASUREMENT AND PAYMENT A. Payment shall be made at the Contract Unit Price or Lump Sum Prices as outlined hereafter. These prices shall be full compensation for all costs associated with completion of all the work in full conformity with the requirements as stated, shown, or both by the Plans and Specifications. The cost of any item(s) of work, which is not by a definite Contract Unit Price or Lump Sum Price, shall be included in the Contract Unit Price or Lump Sum Price to which the item(s) is most applicable. END OF SECTION Page 1 127 City of Palm Beach Gardens Agreement No. A2014-032PW Annual Asphalt Milling and Resurfacing Bid Tabulation and Award Notice EL6NcroN Council Bob Margolis, Mayor Howard K. Coates, Jr., Vice Mayor Matt willhite, Councilman Anne Gerwig, Councilwoman John Greene, Councilman NOTICE OF AWARD Pursuant to Wellington, notice is provided as follows: A GREAT HOMETOWN September 5, 2012 Invitation to Bid (ITB) #077-12/ENR - Annual Asphalt Milling & Resurfacing 1. Wellington council has awarded the contact referenced above as follows: Section Awardee Local Status *Total Price Section A Primary Ranger Construction Western Community $5,988,122.00 Secondary Community Asphalt Non -Local $6,282,950.00 Section B Primary Charles Whiteside Palm Beach County $182,000.00 Secondary Wynn & Sons Palm Beach County $185,000.00 Section C Primary Wynn & Sons Palm Beach County $10,650.00 Secondary Charles Whiteside Palm Beach County $11,250.00 *(Over the entire term of the contract including all renewal options) Manager Paul Schofield 12300 Forest Hill Boulevard • Wellington, Florida 33414 • (561) 791-4000 • Fax (561) 791-4045 www.wellingtonfl.gov Annual Asphalt Milling & Resurfacing ITB# 077-12/ENR Opening Date: June 27, 2012 at 10:00 AM Local Time VENDORS Community Asphalt Wynn & Sons Ranger Construction Charles Whiteside Weekly Asphalt Paving 1 Original and 1 Electronic Copy Yes Yes Yes Yes Yes Bid Acknowledgment Cover Sheet Yes Yes Yes Yes Yes Acknowledgement of Addendums Yes Yes Yes Yes Yes Bid Form Signed by Authorized Representative Yes Yes Yes Yes Yes Bid Bond Security/Cashier's Check Yes Yes Yes Yes Yes Schedule of Values Yes Yes Yes Yes Yes Schedule of Subcontractor/Supplies Yes Yes Yes Yes Yes Schedule of Equipment/Materials Yes Yes Yes Yes Yes Drug Free Workplace Yes Yes Yes Yes Yes Trench Safety Affidavit Yes Yes Yes Yes Yes Sworn Statement Section 287.133(3) (a) Yes Yes Yes Yes Yes Questionnaire Yes Yes Yes Yes Yes References Yes Yes Yes Yes Yes Insurance Certificates Yes Yes Yes Yes Yes Proof of WC Insurance/WC Exemption Yes Yes Yes Yes Yes Copy of Appropriate License(s) Yes Yes Yes Yes Yes Wellington Local Preference Policy No Palm Beach County Western Community Palm Beach County No Annual Asphalt Milling & Resurfacing Bid Tabulation ITB N 077-12/ENR an A ITEM CETY UNITS TILL EXIT. ASPH.. PAVEMENT (1") 50,000 SY ILL EXIT. ASPH.. PAVEMENT (I 1/2") 80,000 SY ILL EXISTING PAVEMENT(2-) 40,000 SY ILL EXISTING PAVEMENT(3-) 40,000 SY IILL EXISTING PAVING ( "< than or up to 7 ft. Mill") 1lnimum of 8 hrs. er da 5 Days 111-1. EXISTING PAVING ( "> 7 ft. Mill") Iinimum of 8 his. per day 5 Days P 12.5 (< 200 TON ORDERS) Includes tack coat 300 TN P 12.5 (>200 TON ORDERS) Includes tack coat 10,000 TN 12.5 (<200 TON ORDERS) 300 TN =12.5 (>200 TON ORDERS) 10,000 TN P 9.5 (<200 TON ORDERS) Includes tack coat 3001 TN P 9.5 ( > 200 TON ORDERS) Includes tack coat 10,000 TN CSC TYPE S-1 (< 200 TON ORDERS) Includes tack coat 300 TN CSC TYPE S-1 (> 200 TON ORDERS) Includes tack coat 10,000 TN CSC TYPE 5-III (< 200 TON ORDERS) Includes tack coat 300 TN CSC TYPE 5-III (> 200 TON ORDERS) Includes tack coat 10,000 TN DRTABLE MILLING MACHINE 100 HR SPHALT OVERBUILD/FULL DEPTH (2" lifts) 3,000 TN & I PAVEMENT WATERPROOFING FABRIC 10,000 SY AVEMENT WATERPROOFING FABRIC (Install Owner Supplie 10,000 SY ROOM TRACTOR 100 HR KCAVATION (Subgrade 8" -12" deep) 2,000 CY 'BASE ROCK (F & 1) and finish grade with prime 4,000 SY 2" BASE ROCK (F & 1) and finish grade with prime 4,000 SY IANHOLE ADJUSTMENT(F&I ADAPTER RI NGS)(See Exhibit 1 100 EA DI UST VALVE BOXES& MISC STRUCTURES 150 EA OX O UT SHO UDLER(Exhibit B) 100 SY & I PRIME/MIXTURE FOR EXISTING BASE ROCK 5,000 SY 4AFFIC CONTROL OFFICERS 4 HR Vendors Community Asphalt Wynn & Sons Ranger Construction Charles Whiteside Weekly Asphalt Paving Unit Price i Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total $1.00 $50,000.00 $ 1.00 $ 50,000.00 $ 1.50 $ 75,OW.00 $ No Bid $ 2.75 $ 137,S00.00 $1.50 1 $120,000.00 $ 1.25 $ 100,000.00 $ 1.60 $ 128,000.00 $ No Bid $ 3.00 $ 240,000.00 $1.55 $62,000.00 $ 1.50 $ 60,000.00 $ 1.60 $ 64,000.00 No Bid $ 3,00 $ 120,0DO.D0 $1.60 $64,000.00 $ 2,00 $ 80,000.00 $ 1.80 $ 72,000.00 $ No Bid $ 4.00 $ 160,000.00 $7,000.00 $35,000.00 5,o0o.00 25000.00 5 8,200.00 1 $ 41,000.00 $ No Bid $ 6,500.00 $ 32,500.00 $9,000.00 $45,000.00 $ 5,500.00 $ 27,500.00 $ 9,500.00 $ 47,500.00 $ No Bid $ 6,500.00 $ 32,500.00 $11S.00 $34,500.00 $ 150.DO $ 45,000.00 $ 147.00 5 44,100.00 '$ No Bid $ 125.00 $ 37500.00 $95.00 $950,000.00 $ 140.00 $ 1,400,000.00 $ 87.00 $ 870,000.00 $ No Bid $ 105.00 $ 1,050,000.00 $145.00 $43,500.00 $ 200.00 $ 60,000,00 $ 194.00 $ 58,200.00 $ No Bid $ 125.00- $ 37,500.00 $120.00 $1,200,000.00 $ 125.00..$ 1,2SOAW.00 $ 120.00 $ 1,200,000.00 $ No Bid $ 105,00 $ 1,050,ODO.00 $115.00 $34,500.00 $ 150.00 - $ 45,000,00 $ 153.00 $ 45,900.00 $. No Bid $ 125.00 $ 37,500.00 $105.00 $1,050,000.00 $ 130.00 $ 1,300,000.00 $ 88.00 $ 880,0W.00 $. - No Bid $ 1,05.00 $._ 1,050,000.00 $115.00 $34,500.00 $ 150.00 $ 45,000.00 $ 148.00 $ 44,400.00 $. No Bid $ 13S:0Q. $ 37,500.00 $94.00 $940,000.00 $ 130,00 $ 11300000.00 $ 87.00 $ 870,000.00 -§ No Bid $ 105.00 $ 1,050,000,00 $115.00 $34,500,00 $ 150.00 $ 45,000.00 $ 150.00 $ 45,000.00 ,$, No Bid $ 125,00 $ 37,500,00 $102.00 $1,020,000.00 26,00 L, 50,000:00 $ 89.00 $ 890,000.00 $.. -. No Bid _, $ 105,00 1,050,000.00 $105.00 $10,500.00 6110B $ 6,4:ino0 $ 270.00 $ 27,000.00 $. - No Bid 375.00 $ 37500.00 $115.00 $345,000.00 $ ISO .QQ'$ 450,000,00. $ 107.00 $ 321,000.00 No Bid $ 100.00 $ 300,000.00 $3.00 $30,000,00 .$ 1040 $ 100,000.00 $ 4.00 5 40,000.00 $ No Bid $ 7.00 $ 70,000.00 $1.70 $17,000.00 $ 5,00 $ 50000.00 S 3.10 $ 31,000.00 $ No Bid $ 6.00 $ 60,000,00 SAS. 00 $4,500.00 $ 75.00 $ 7,500,00 $ 65.00 $ 6,500.00 $ 125.00 $ 12,500.00 $ 75.00 $ 7,500.00 $8.00 $16,DDO.OD $ 10.00 $ 20,WO.00 $ 6.00 $ 12,000.00 0 No Bid $ 18.90 5 37,800.00 $12.50 $50,000.00 $ 12.00 $. 48,000.00 $ 15.00 $ 60,000.00 0 No Bid $ 23,60 $ 94,400.00 $16.00 $64,000.00 $ 14,00 $ 56,000.00 $ 20.00 $ 80,000.00 0 No Bid $ 30.25 $ 121,000.00 $105,00 $10,500.00 $ 75.00 $ 7,500.00 $ 200.00 $ 20,000.00 $ 350.00 $ 35,000,00 $ 150.00 $ 15,000.00 $80,00 $12,000.00 5 100.00 . $ 15,000,00 $ 80.00 $ 12,000.00 $ 175.00 $ 26,250.00 $ 100,,00 $ 15,000.00 $20.00 $2,000.00 $ 500.00 $ 50000.00 $ 10.00 $ 1,000.00 $ No Bid $ 20.00 $ 2000.00 $0.75 $3,750.00 $ 2.00 $ 101000100 $ 0.45 $ 2,250.00 $. No Bid $ 4.75 $ 23,750.00 $50.00 $200.00 ' $ 100,00 $ 40P.00 $ 68.00 $ 272.00 $ No Old $ 75.00 $ 300,00 Total Price $6,282,950.00 Total Price $ 7,102,900.00 Total Price I S 5,988,122.00 Total Price $ 73,750.00 Total $ 6,944,250.00 Mathematical Error on SOV, Extended Price REM QTY I UNITS 6PHALT MULTI PURPOSE PATHWAYS (6' x 1 1/4" OVERLAY NCLUDING TACK) 2,000 SY ISPHALT MULTI PURPOSE PATHWAYS(8' x 11/4" OVERLAY NCLUDING TACK) 2,000 SY 15PHALT PATCHING, 50 TONS 200 TN kSPHALT PATCHING, 50 TONS 200 TN & I INSTALL TACTILE SURFACE (FDOT APPROVED) 200 SF & 1 STANDARD ROOT BARRIER (36" deep) 1,000 LF +LOWING STRIP IF&1) for guardrail prior to installation 1,000 LF BILL EXSIT. PATHWAY (6' x 1" deep) 1,000 LF d ILL EXSIT. PATHWAY(8'x I" deep) 1,0001 LF Section C ITEM CITY UNITS 1 ASPHALT SEAL COATING (, 3,000 SY) 3,000 SY 2 ASPHALT SEAL COATING (> 3,000 SY) 3,000 SY Vendors Community Asphalt Wynn & Sons Ranger Construction Charles Whiteside Weekly Asphalt Paving Unit Price Total Unit Price Total Unit Price I Total Unit Price Total Unit Price Total No Bid $30.00 $20,000.00 No Bid $ 10.00 $ 20,000,00 $ 6.00 $ 12,000.00 No Bid $12.00 $24,000.00 No Bid $ 10.00 $ 20,000.W $ 6,00 $ 12,000.00 No Bid $200.00 $40,000.00 No Bid $ 210.00 $ 42,000.00 $ 380.W $ 76,OW.W No Bid $200.00 $40,000.00 No Bid $ 175.00 $ 35,000.00 $ 380.W $ 76,000.00 No Bid $30.00 $6,000.00 No Bid $ 50.00 $ 30,000.00 $ 80.00 $ 16,000,00 No Bid $20,W $20,000.00 No Bid $ 20.00 $ 20 000m $ 12.50 $ 12,500.00 No Bid $25.00 $25,OW.00 No Bid $ 15.00 $ 15 000.00 $ 5.50 $ 5,500.()0 No Bid $5.00 $5,W0.00 No Bid $ 10-W $ 101000.00 $ 5.00 $ 51000.00 No Bid $5.00 $510W,00 No Bid is 10.00 ,$ 10,000.00 $ S.SM $ 5,000.00 Total Price I No Bid Total Price $185,000,00 Total Price I No Bid I Total Price $ 182 OW.W Total Price $ 220,000.00 Vendors Community Asphalt Wynn & Sons Ranger Construction Charles Whiteside Weekly Asphalt Paving Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total No Bid $ 1.80 $ 5,400.00 No Bid $ 2.00 $ 6,000.00 $ 5.50 $ 16,500.00 No Bid $ 1.75 $ 5,250.00 No Bid $ 1.75 $ 5,250.00 $ 5.50 $ 16,500.00 Total Price No Bld Total Price $ 10,650.00 Total Price I No Bid Total Price $ 11,250,00 Total Price $ 33,000.00 City of Palm Beach Gardens Agreement No. A2014-032PW Annual Asphalt Milling and Resurfacing EXHIBIT "C" Proposal QUOTATION REQUEST Submitted To: City of Palm Beach Gardens Address: 3704 Burns Road Palm Beach Gardens, FL 33410 Contact: Michael Morrow Central Division 101 Sansbury's Way West Palm Beach, FL 33411 Phone: (561) 793-9400 Fax: (561) 790-4332 www.rangerconstruction.com Date: 05-Feb-14 Phone: (561) 804-7023 Fax: (561) 775-8279 Job Name: Resurfacing at City of Palm Beach Job Location: Palm Beach Gardens Prop. Owned By: RESURFACING AT PALM BEACH GARDENS BURNS ROAD (From Prosperity to AIA) ITEM No. DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION 16 ACSC Type S-III (>200 Ton) 2,700.00 TN $89.00 $240,300.00 6 Mill existing paving (>7 ft. mill) 9.00 DY $9,500.00 $85,500.00 TOTAL $325,800.00 Special Note(s): 1) Asphalt prices based on Annual Asphalt milling and resurfacing contract -Palm Beach County project # 077-12/ENR 2) Quantities based on preliminary information, billing based on final quantities verified from plant weight tickets. 3) Asphalt quantity based on an average yield of 120 Ib/sy of 1" laydown. (45,000 SY) 4) i nis quotation aoes not mcivae permanent atnping. ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Ranger Construction Industries, Inc. Buyer Signature Date Accepted Authorized Signature Name & Title Beatriz Ramirez, Estimator Page 1 of 4 QUOTATION REQUEST Submitted To: City of Palm Beach Gardens Address: 3704 Burns Road Palm Beach Gardens, FL 33410 Contact: Michael Morrow Central Division 101 Sansbury's Way West Palm Beach, FL 33411 Phone: (561) 793-9400 Fax: (561) 790-4332 www.rangerconstruction.com Date: 05-Feb-14 Phone: (561) 804-7023 Fax: (561) 775-8279 Job Name: Resurfacing at City of Palm Beach Job Location: Palm Beach Gardens Prop. Owned By: RESURFACING AT PALM BEACH GARDENS BURNS ROAD (From AIA to Military) ITEM No. DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION 16 ACSC Type S-III (>200 Ton) 2,100.00 TN $89.00 $186,900.00 6 Mill existing paving (>7 ft. mill) 7.00 DY $9,500.00 $66,500.00 TOTAL $253,400.00 Special Note(s): 1) Asphalt prices based on Annual Asphalt milling and resurfacing contract -Palm Beach County project # 077-12/ENR 2) Quantities based on preliminary information, billing based on final quantities verified from plant weight tickets. 3) Asphalt quantity based on an average yield of 120 Ib/sy of 1" laydown. (35,000 SY) 4) i nis quotation aoes not mcivae permanent stnping ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Ranger Construction Industries, Inc. Buyer Authorized Signature Signature Date Accepted Name & Title Beatriz Ramirez, Estimator Page 2 of 4 QUOTATION REQUEST Submitted To: City of Palm Beach Gardens Address: 3704 Burns Road Palm Beach Gardens, FL 33410 Contact: Michael Morrow Central Division 101 Sansbury's Way West Palm Beach, FL 33411 Phone: (561) 793-9400 Fax: (561) 790-4332 www.rangerconstruction.com Date: 05-Feb-14 Phone: (561) 804-7023 Fax: (561)775-8279 Job Name: Resurfacing at City of Palm Beach Job Location: Palm Beach Gardens Prop. Owned By: RESURFACING AT PALM BEACH GARDENS ITEM No. DESCRIPTION 16 ACSC Type S-III (>200 Ton) 6 Mill existing paving (>7 ft. mill) SANDTREE DR QUANTITY UNIT UNIT PRICE EXTENSION 516.00 TN $89.00 $45,924.00 2.00 DY $9,500.00 $19,000.00 TOTAL $64,924.00 Special Note(s): 1) Asphalt prices based on Annual Asphalt milling and resurfacing contract -Palm Beach County project # 077-12/ENR 2) Quantities based on preliminary information, billing based on final quantities verified from plant weight tickets. 3) Asphalt quantity based on an average yield of 120 Ib/sy of 1" laydown. (8,600 SY) 4) 1 nis quotation aoes not incivae permanent z:)tnping. ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Ranger Construction Industries, Inc. Buyer Signature Date Accepted Authorized Signature Name & Title Beatriz Ramirez. Estimator Page 3 of 4 QUOTATION REQUEST Submitted To: City of Palm Beach Gardens Address: 3704 Burns Road Palm Beach Gardens, FL 33410 Contact: Michael Morrow Central Division 101 Sansbury's Way West Palm Beach, FL 33411 Phone: (561) 793-9400 Fax: (561) 790-4332 www.rangerconstruction.com Date: 05-Feb-14 Phone: (561) 804-7023 Fax: (561) 775-8279 Job Name: Resurfacing at City of Palm Beach Job Location: Palm Beach Gardens Prop. Owned By: RESURFACING AT PALM BEACH GARDENS ITEM No. DESCRIPTION 16 ACSC Type S-III (>200 Ton) 6 Mill existing paving (>7 ft. mill) GARDEN SQUARE QUANTITY UNIT UNIT PRICE EXTENSION 198.00 TN $89.00 $17,622.00 1.00 DY $9,500.00 $9,500.00 TOTAL $27,122.00 Special Note(s): 1) Asphalt prices based on Annual Asphalt milling and resurfacing contract -Palm Beach County project # 077-12/ENR 2) Quantities based on preliminary information, billing based on final quantities verified from plant weight tickets. 3) Asphalt quantity based on an average yield of 120 Ib/sy of 1" laydown. (3,300 SY) 4) 1 rns quotation aoes not incivae permanent Striping. ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Ranger Construction Industries, Inc. Buyer Signature Date Accepted Authorized Signature Name & Title Beatriz Ramirez, Estimator Page 4 of 4 A41 P.* PALM BEACH GARDENS 'A unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS PURCHASE AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Piggyback/Access Contract TITLE: Lease of Multifunctional Printers and Copiers DATE ADVERTISED: Not Applicable WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: CONTRACT TERM: One (1) Year VENDOR(S): RICOH USA, INC. CONTRACT NO.: L2014-0041T DEPARTMENT: Information Technology BIDS/PROPOSALS DUE DATE: Not Applicable RESPONSES RECEIVED: Not Applicable CONTRACT VALUE: Approximately Seventy Thousand Dollars ($70,000) per Year OPTIONS TO RENEW: Three (3) One- (1) Year Options to Renew BACKGROUND: This agreement is a piggyback of the Miami -Dade School Board's contract with Ricoh USA for the Lease of Multifunctional Printers and Copiers. The City has an existing master lease with Ricoh that has expired, and this new lease agreement will allow the replacement of existing equipment and the lease of new equipment. The equipment leases for the copiers expire at different times this year and next. Seven (7) copiers will be replaced this year. COMMENTS: This agreement replaces a terminated agreement with Xerox under the State of Florida contract. City staff and the IT Department had extreme difficulty operating the Xerox equipment and getting the machines to work properly with existing systems architecture. In addition, there were several service level and equipment breakdown issues that remain unresolved. Xerox was notified, in writing, of the numerous service and performance issues, and the agreement was terminated. Subsequent to discussions and negotiations with Ricoh, Ricoh offered the City lease rates that are lower than those that were obtained from Xerox under the State contract. NAME SIGNATURE DATE Department Head Eric Holdt City Attorney Finance Allan Owens 3I -0 Purchasing Km! Ra - Av- f Other Chuck Miserendino LASERFICHE DATA: Effective Date: 4/3/2014 Expiration Date: 1/11/2015 Append to Existing: Not applicable PROPOSED CITY C• 4/3/2014 PPROVED NOT APPROVED CITY MANAGER OR DESIGN ❑ DEFERRED ,314 7 DATE qollpp PALM BEACH GARDENS 'A unique place to live, learn, work & play" CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR LEASE OF MULTIFUNCTIONAL PRINTERS AND COPIERS (ACCESS OTHER CONTRACT) AGREEMENT NO. L2014-0041T THIS AGREEMENT ("Agreement") is made and entered into this day of , 2014 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "Lessee"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Ricoh USA, Inc., an Ohio corporation (hereinafter referred to as "Lessor"), whose principal address is 70 Valley Stream Parkway, Malvern, Pennsylvania 19355, and whose Florida address is 1655 Palm Beach Lakes Boulevard, Suite 100, West Palm Beach, Florida 33401. WHEREAS, the Miami -Dade County School Board (hereinafter referred to as "School Board") awarded a competitively solicited Contract No. MD033-KK11, (hereinafter referred to as "Contract"), for the purchase and rental of multifunctional printers, copiers, and related items and supplies; which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the School Board has exercised its first option to renew the term of the Contract through January 11, 2015, with the option to renew for an additional two (2) one- (1) year extensions; and WHEREAS, Section 2-294 of the City's Code of Ordinances permits the City to "piggyback" an agreement awarded to another governmental agency pursuant to a competitive sealed solicitation; and WHEREAS, the Lessee desires to access this Contract for the lease of copier machines and other multifunctional devices under the existing terms and conditions of the Contract and as may be further modified in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Lessor and the Lessee agree as follows: Page 1 of 7 City of Palm Beach Gardens Agreement No. L2014-0041T Lease of Multifunctional Printers and Copiers ARTICLE 1. DESCRIPTION OF GOODS AND/OR SCOPE OF SERVICES The Lessor shall rent and/or lease to the Lessee copier machines and other multifunctional devices, in accordance with the brand names, models, and types awarded in the Contract, and as described in the Lessor's Proposal, which is attached hereto and incorporated herein as Exhibit "B". ARTICLE 2. CONFLICT OR AMBIGUITY In the event of any conflict or ambiguity between the terms set forth in this Agreement and the terms set forth in the Contract, the terms and conditions of the Contract shall control, except as set forth in Article 5 of this Agreement. Article 5 of this Agreement shall control in any case of conflict or ambiguity between the terms set forth in this Agreement and the terms set forth in the Contract. ARTICLE 3. PAYMENT The Lessee will pay the Lessor at the rates and frequency shown in Lessor's Proposal at a fixed monthly lease rate and per -copy charge. All payments shall be made in accordance with the Florida Prompt Payment Act, Section 218.74, Florida Statutes. ARTICLE 4. TERM OF AGREEMENT The term of this Agreement shall be from the effective date until January 11, 2015, with options to renew the Agreement based on the renewal options contained in the Contract; however, any individual equipment leases entered into prior to the expiration of the Contract shall continue for the full lease term set forth on the individual order for the equipment. Should the School Board exercise its options to renew or extend the Contract, this Lease Agreement shall also be considered renewed or extended for the same time or period stated in the School Board extension document. ARTICLE 5. TERMINATION This Agreement may be terminated by the Lessee, with or without cause, upon providing written notice to the Lessor. This Agreement may be terminated by the Lessor upon thirty (30) days' prior written notice to the Lessee. Upon any such termination, the Lessor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Lessor is in breach of this Agreement, the Lessee shall pay the Lessor for services rendered through the date of termination. If Lessee terminates this Agreement due to Lessor's breach, such termination shall also serve to terminate all individual lease orders. Furthermore, Lessee's obligations pursuant to this Agreement and any individual lease orders are specifically subject to the legal appropriation of sufficient funds during each fiscal year. In the event that funds are not appropriated for this Agreement (a "non -appropriation event"), this Agreement and any individual lease orders executed pursuant thereto shall Page 12 of 7 City of Palm Beach Gardens Agreement No. L2014-0041T Lease of Multifunctional Printers and Copiers terminate without penalty on October 1st of the year in which the non -appropriation event occurs. After that date, this Agreement becomes of no effect and is null and void. Non -appropriation or non -funding shall not be considered an event of default or breach of this Agreement by Lessee. Notwithstanding the foregoing, termination of this Agreement for any reason other than Lessor's breach or a non -appropriation event shall not affect any individual lease orders entered into prior to the termination of this Agreement. Such lease orders shall continue for the full individual lease term set forth on the individual order for the equipment. ARTICLE 6. INDEMNIFICATION The Lessor recognizes that it is an independent Lessor and not an agent or servant of the Lessee. The Lessor shall indemnify, defend, and hold harmless the Lessee and its officers, employees, agents, and instrumentalities, from any and all liabilities, losses, or damages, including reasonable attorney's fees and cost of defense, which the Lessee or its officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes or actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Agreement by the Lessor or its employees, agents, servants, partners, principals, or subcontractors, to the extent such liabilities, losses, or damages were caused by the negligent acts or omissions or willful misconduct of Lessor, its employees or agents. The Lessor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the Lessee, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may be incurred thereon. The Lessor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Lessor shall in no way limit the responsibility to indemnify, defend, and hold harmless the Lessee or its officers, employees, agents, and instrumentalities as herein provided. This Article shall survive the term of this Agreement. ARTICLE 7. INSURANCE The Lessor shall comply with the insurance requirements established in the Contract, if any. The Lessor shall provide a copy of its insurance certificate, listing the Lessee as an additional insured, to the Lessee's Risk Management Coordinator for review and approval prior to commencement of any performance under this Agreement. ARTICLE 8. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: Page 13 of 7 City of Palm Beach Gardens Agreement No. L2014-0041T Lease of Multifunctional Printers and Copiers As to the Lessee: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre bgfl.com As to the Lessor: Ricoh USA, Inc. 70 Valley Stream Parkway Malvern, Pennsylvania 19355 Attn: Legal Department With a copy to: Ricoh USA, Inc. 1655 Palm Beach Lakes Boulevard, Suite 100 West Palm Beach, Florida 33401 Attn: Leonard (Lenny) Gialanella Email: leonard.gialanellaCD-ricoh-usa.com b. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. Accordingly, this Agreement may only be modified by mutual written consent of the parties, through an amendment, purchase order, or change order, as appropriate. C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. d. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. e. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. Page 14 of 7 City of Palm Beach Gardens Agreement No. L2014-0041T Lease of Multifunctional Printers and Copiers f. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue for all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. g. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. h. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. i. Attorney's Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, each party will be responsible for its own attorney's fees and costs, including appellate fees and costs. j. Equal Opportunity. The Lessee and the Lessor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age, be discriminated against in the performance of this Agreement. ARTICLE 9. ANNUAL BUDGETED AMOUNT The Lessee's estimated expenditure under this Agreement is Seventy Thousand Dollars ($70,000) for each year of the Agreement. Notwithstanding the estimated expenditure, the Lessee does not guarantee to the Lessor that this amount will be spent during the term of this Agreement; however, the Lessee shall be responsible for all amounts committed through the Lessee's execution of individual equipment lease orders pursuant to the terms of the Contract. ARTICLE 10. ACCESS AND AUDIT OF RECORDS The Lessee reserves the right to require the Lessor to submit to an audit by an auditor of the Lessee's choosing at the Lessor's expense. The Lessor shall provide access to all of its records, which relate directly or indirectly to this Agreement, as may be reasonably necessary for Lessee to confirm its payment and other obligations under this Agreement, at its place of business during regular business hours, at a mutually Page 15 of 7 City of Palm Beach Gardens Agreement No. L2014-0041T Lease of Multifunctional Printers and Copiers acceptable time and manner. The Lessor shall retain all records pertaining to this Agreement, and upon request make them available to the Lessee for ten (10) years following expiration of this Agreement. The Lessor agrees to provide such reasonable assistance as may be necessary to facilitate the review or audit by the Lessee to ensure compliance with applicable accounting and financial standards. In no event, however, shall the Lessor be obligated to disclose any confidential information not directly pertaining to this Agreement, including, without limitation, any information that could constitute "Material non-public information", as such term is defined by the Securities Exchange Commission. ARTICLE 11. OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General which is authorized and empowered to review past, present, and proposed Lessee programs, contracts, transactions, accounts, and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all Lessee agreements. ARTICLE 12. PUBLIC RECORDS Chapter 119, Florida Statutes, the Public Records Law, requires that municipal records shall at all times be available to the public for inspection. Certain exemptions to public disclosure are statutorily provided for in Section 119.07, Florida Statutes. The Lessor shall be cognizant of any exemptions that are applicable to the services to be performed under this Agreement. ARTICLE 13. OTHER FORMS OR DOCUMENTS If the Lessee is required by the Lessor to complete and execute any other forms or documents in relation to this Agreement, the terms, conditions, and requirements in this Agreement shall take precedence to any and all conflicting or modifying terms, conditions, or requirements of the Lessor's forms or documents. ARTICLE 14. EXISTING EQUIPMENT LEASES During the term of this Agreement, as each equipment lease expires, the Lessee may order new Ricoh equipment pursuant to the Contract, to replace the expired Ricoh equipment. Page 16 of 7 City of Palm Beach Gardens Agreement No. L2014-0041T Lease of Multifunctional Printers and Copiers IN WITNESS WHEREOF, the Lessee and the Lessor have executed this Agreement on the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA Mayor ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORAIAND LEGAL SUFFICIENC In R. IVJ%afc bhman, City Attorney RICOH USA, INC. By: I D�26 Osg od, Marketplace Vice President WITNESSES: Bye Print By: Print G:\attorney_share\AGREEMENTS\Ricoh USA - L2014-0041T Lease Agreement -Lease of Multifunctional Printers and Copiers.docx Page 17 of 7 City of Palm Beach Gardens Agreement No. L2014-0041T Lease of Multifunctional Printers and Copiers EXHIBIT "A" Miami -Dade School Board Contract MEMORANDUM TO: Mr. Alberto M. Carvallio, Suu�p'erintendent of Schools THROUGH: Richard H. Hinds, Chi �n'ancial Officer FROM: Barry S. Meltz, District Director Procurement Management Service SUBJECT: SUPERINTENDENT'S EXTENSION OF CONTRACTS December, 13, 2012 M0096-BSM BSM/995-241.4 The following contract is requested to be approved as Superintendent's Extension of Contracts, as authorized by Board Policy 6320, Purchasing. It is the District's established practice, for Procurement Management Services to apply the contract amount for each approved .extension, during the term of the contract. There is no obligation to purchase any amount within the contract period as set forth in the bid solicitation. It is requested that you review and approve the extension listed below! CONTRACT NO. CONTRACT TITLE 1. 033-KKI I MULTIFUNCTIONAL DEVICES, COPYING EQUIPMENT, SERVICE AND SUPPLIES BSM/ae .AWARD EXTENSION AMOUNT DATE $5,239 893 01/12/13 — 0111 1/14 ClJ _ REVIEWED:° S& I Board Attorney APPROVED: Alberto M. Carvalho <-' S-uperintendent of Schools CONTRACT EXTENSION SUMMARY Contract No.: 033-KKl l Contract Title: MULTIFUNCTIONAL DEVICES, COPYING EQUIPMENT, SERVICE AND SUPPLIES Board Meeting Date: January 12, 2011— Agenda Item E-141 Purpose of Contract: The purpose of this contract is to purchase, lease and maintain, at a firm unit price, quantities, as may be required, of multifunctional devices, copying equipment, service and supplies, for Miami=Dade County Public Schools and various administrative offices.. Initial Award Amount: $6,000,000 Initial Contract Award Period and Extension: January 12, 2011 — January 11; 2013 Two (2) years; with an option to extend for three (3) additional .one (1) year periods and, if needed, an additional ninety (90) days beyondthe expiration date of the current contract period. Current Extension Amount: N/A Current Extension Period: N/A. Recommended Extension Award Amount: $5,23.9,893 Recommended. Extension Period:: January 12, 2013.-January 11, 2014 This is the first extension of the contract. The awardees have agreed to extend for an additional one (1) year period, by letter, on file. Vendors Recommended for Contract Extension: Six (6) Barlop, Inc.. - M/WBE IKON Office Solutions Konica Minolta Business Solutions USA, Inc. Cost Savings: No 4 Milner Document Products TGI Office, Automation, LLC Copyco, Inc., &b.a. Toshiba Business Solution. s Justification: It is. considered to be .in the best 'interest of the District to extend this contract, for an additional one (1) year period, to benefit from .fixed prices and. continuity, of 'service, inasmuch as the Consumer Price Index .(CPI),: as of'October-201.2, indicated an increase of 0.1%, with an annual index of 2.2%. Staff has indicated satisfactory performance from the vendors and tecom lends extension This extension is based_ on the terms, conditions and pricing contained in the original contract approved by the School Board. Benchmark: Attempts were made to benchmark against the School Boards of Broward and .Palm Beach Counties; however; the terms and conditions are not similar, so benclunarking could not be performed, City of Palm Beach Gardens Agreement No. L2014-0041T Lease of Multifunctional Printers and Copiers *.4iI1--1kM--Ii Lessor's Proposal and Pricing im ff-7;t■CC3 irna9irie- czzhangc3. " in Ricoh Ricoh Aficio MP C-6502 City of Palm Beach Gardens Features • Multifunctional/Copier/Printer/Scanner • 65 PRINTS PER MINUTE COLOR & B/W. • Digital Scan Once, Print Many Technology • B&W and COLOR digital scanning / Printing • 100-Sheet Digital Document Feeder** • 2x1100-Sheet Paper Draws** •2x550 Sheet Paper Drawers ** • 100-Sheet Multi -purpose Tray** • Limitless Duplex Copying (100% duplex speed)** • Data Overwrite System Security & HDD Encryption** • Scan -to -Print from USB/SD Card** • 1.5GB RAM & 320 GB Hard Drive** • Print/Scan Unit with Java VM Card** • Miami -Dade Contract # 033K11 Financial Considerations 36 Month Ricoh Financial Government Contract Monthly Ricoh Aficio MP C-6502 (items marked with ** above come standard) $ 333.54 Finisher/Stapler SR 4030 included Fax Option 7501 with Memory Upgrade included ESP Power Filter included Delivery & Installation included Total: Maintenance GOLD PACKAGE Comprehensive Service Program includes all periodic service calls, all emergency calls, all parts and all labor. Includes toner and drums. Excludes paper. Delivery, Installation and Training are included. Includes P/U & Return of Ricoh system. Proposal Date: January 17, 2014 Leonard Gialanella Branch Manager / Ricoh Palm Beach $ 333.54 $ .038 Color per impression $.0064 B&W per impression City of Palm Beach Gardens irnagine. change. K jo t in Ricoh Ricoh Aficio MPC 4503 Financial Considerations Features: •45 ppm B&W, 45 ppm FULL COLOR • Multifunctional/Copier • QSU Technology (permits faster warm up & recovery time) • Digital Scan Once, Print Many Technology • 220 Sheet Digital Document Feeder *Scanning Speed 110 Images per minute Simplex • 2x550 Paper Draws 100 Sheet Multi -Purpose Tray • Limitless Duplex Copying (100% duplex speed) • Reduction/Enlargement 25 / 400 • 250 GB Hard Disk, 2GB Ram • Scan -to -Email, Scan -to -Folder, LDAP Directory • Envelope Printing Standard 1 All Drawers ! *Miami -Dade School Board Contract # 033KK11 Ricoh -USA/ GE Capital Monthly Term: 36 Months Ricoh Aficio MPC4503 $177.20 Document Feeder DF75 Included Finisher/Stapler SR 3140 /Bridge Unit Included PB 3160 Paper Feed Unit ( 1,100 sheets) Included Data Overwrite Security Unit Included Printer -Scanner Included Fax Board Included Power Filter Included $ 177.20 Maintenance GOLD PROGRAM Comprehensive Service Program includes all periodic $ .006838 per click B/W service calls, all emergency calls, all parts and all labor. $ .04 per click Color Includes toner and copy drums except paper. Includes Staples Delivery, Installation and Training. Proposal Date: January 17, 2014 Leonard Gialanella Branch Manager — Ricoh Palm Beach n jo imagiine_ change_ in Ricoh Ricoh Aficio M PC5503 Financial Considerations City Palm Beach Gardens REVISON for C 5503 Features: 955 ppm B&W; 55 ppm FULL COLOR • Multifunctional/Copier • QSU Technology (permits faster warm up & recovery time) • Digital Scan Once, Print Many Technology •B&W and COLOR scanning • 100 Sheet Digital Document Feeder • 2x550 Paper Draws • 100 Sheet Multi -Purpose Tray • Limitless Duplex Copying (100% duplex speed) • Reduction/Enlargement 25 / 400 • 160 GB Hard Disk, 1GB Ram • Scan -to -Email, Scan -to -Folder, LDAP Directory •Miami Dade MD033KKll Ricoh USA- GE Financing Monthly Term: 36 Months Ricoh MPC 5503 $ 195.33 Document Feeder included SR 3090 3000 Sheet Finisher Unit / Stapler included SR3120 / Bridge Unit included LCIT 3020 Paper Bank included Data Overwrite Security Unit included Printer -Scanner included Super G 3 Fax Board & Memory $ 24.62 Power Filter included $ 219.95 Maintenance Gold Service Program Comprehensive Service Program includes all periodic $ .0064 per click B/W service calls, all emergency calls, all parts and all labor. $ .04 per click Color Includes toner and copy drums except paper, Delivery, Installation and Training. Includes P/U & return of Ricoh Existing unit Proposal Date: January 17, 2014 Leonard Gialanella Branch Manager Ricoh Palm Beach City of Palm Beach Gardens Agreement No. L2014-0041T Lease of Multifunctional Printers and Copiers EXHIBIT "C" Contract Extension MEMORANDUM January 7, 2014 M0154-BSM BSM/995-2414 TO: Mr. Alberto M. Cat valho, Superint ndent of Schools r H. Hinds, Chief Fi iEiaOfiicer THROUGH: Richard in , , FROM: Batty S. Meltz, District Dir'ctor A"v Procurement Management Services SUBJECT: SUPERINTENDENT'S EXTENSION OF CONTRACTS The following contract is requested to be approved as Superintendent's Extension of Contracts, as authorized by Board Policy 6320, Purchasing. It is the District's established practice, for Procurement Management Services to apply the contract amount for each approved extension, during the term of the contract. There is no obligation to purchase any amount within the contract period as set forth in the bid solicitation. It is requested that you review and approve the extension listed below: CONTRACT NO. CONTRACT TITLE 1. 033=KK11 MULTIFUNCTIONAL DEVICES, COPYING EQUIPMENT SERVICE , AND SUPPLIES r•r REVIEWED AWARD EXTENSIC AMOUNT PERIOD $3,395,335 01/12/14 — ol/11/15 SdhooDBOardgAttornly APPROVED:/ �% Alberto M. `Carvalho _ Superintendent of Schools BSM/aay 0i0/ 04 I�t-o,t2- CONTRACT EXTENSION SUMMARY Contract No.: 033-KK11 Contract Title: MULTIFUNCTIONAL DEVICES, COPYING EQUIPMENT, SERVICE AND SUPPLIES Board Meeting Date: January 12, 2011 — Agenda Rem E-141 Purpose of Contract: The purpose of this contract is to purchase, lease and maintain, at a firm unit price, quantities, as .may be required, of multifunctional devices, copying equipment, service and supplies, for Miami -Dade County Public Schools and various administrative offices. Initial Award Amount: $6,000,000 Initial Contract Award Period and Extension: January 12, 2011— January 11, 2013 Two (2) years, with an option to extend for three (3) additional one (1) year periods and, if needed, an additional ninety (90) days beyond the expiration date of the current contract period. Current Extension Amount: $5,239,893 Current Extension Period: January 12, 2013 — January 11, 2014 Recommended Extension Award Amount: $3,395,335 Recommended Extension Period: January 12, 2014 — January l 1, 2015 This is the second extension of the contract. The awardees .have agreed to extend for an additional one (1) year period, by letter, on file. Vendors Recommended for Contract Extension: Six (6) Barlop, Inc. TGI Office Automation, LLC Milner Document Products Toshiba Business Solutions (USA), Inc. Ricoh USA, Inc. Cost Savings: No Justification: It is considered to be in the best interest of the District to extend this contract for an additional one (1) year period, to benefit from fixed prices and continuity of service, inasmuch as the Consumer Price Index (CPI), .as of November 2013, indicated an increase of 0.2% with an annual index increase of 1.2%. Staff has indicated satisfactory performance from the vendors and reconimends extension. This extension is based on the terms, conditions and pricing contained in the original contract approved by the School Board. Benchmark: Attempts were made to benchmark against the School Boards of Broward and Palm Beach Counties, however, the terms and conditions are not similar, therefore, benchmarking could not be performed.. PURCHASE AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in a newspaper of general circulation, and copies are made available through DemandStar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of the City Clerk. Copies of all solicitations, addenda, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. SOLICITATION TYPE: Invitation to Bid TITLE: Miscellaneous Roof Repairs DATE ADVERTISED: 2/2/2014 WAS SOLICITATION OPENLY COMPETED? Yes FUNDING ACCOUNT INFORMATION: 001.3030.539.4600 CONTRACT TERM: Upon Completion VENDOR(S): OKABREMA CORPORATION CONTRACT NO.: ITB2014-032PF DEPARTMENT: Parks and Public Facilities BIDS/PROPOSALS DUE DATE: 2/28/2014 RESPONSES RECEIVED: Nine (9) CONTRACT VALUE: Two Hundred Eighteen Thousand Six Hundred Dollars ($218,600) for All Three (3) Locations. OPTIONS TO RENEW: Not Applicable BACKGROUND: This Agreement will allow the City to procure the services of a qualified and experienced contractor for miscellaneous roof repairs. Based on a comprehensive assessment report provided by Garland/DBS, under a US Communities contract, the City needs to repair the roofs of several municipal facilities and buildings. These facilities/buildings are the Police Department, the Fire Rescue Department (Fire Rescue Station 1), and the Riverside Youth Enrichment Center. The work will be scheduled and performed to minimize disruption of the normal operations that take place at each location. COMMENTS: Okabrema Corporation is a Coral Gables -based firm whose principal, Octavio Maniglia, has more than 10 years' experience in the construction business, including structural engineering work on the Freedom Tower at One World Trade Center. Mr. Maniglia has a Masters Degree in Construction Management, is a licensed engineer and general contractor, and has performed similar work for the City of Hialeah and several private clients. The Contractor will be sourcing the materials from Garland/DBS. NAME SIGNATURE DATE Department Head J. E. Doughney III City Attorne Purchasing Kml Ra Other LASERFICHE DATA: David Reyes Effective Date: 4/3/2014 Expiration Date: Upon Completion Append to Existing: Not Applicable PROPOSED CITY COUNCIL AGENDA: :4/3/2014 01 PPROVED NOT APPROVED CITY MANAGER R DESI NEE ❑ DEFERRED 3c�y/ DATE All�.* PALM BEACH GARDENS 'A unique plane to fine, learn, work h play" The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT FOR MISCELLANEOUS ROOF REPAIRS AGREEMENT NO. ITB2014-032PF THIS AGREEMENT is made and entered this day of , 2014 (the effective date), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Okabrema Corporation, a Florida corporation (hereinafter referred to as "Contractor"), whose principal address is 6708 San Vicente Street, Coral Gables, Florida 33146. WHEREAS, the City desires to retain the services of the Contractor to perform miscellaneous roof repairs at various locations, in accordance with the City's Invitation to Bid No. ITB2014-032PF, and the Contractor's response thereto, which are incorporated herein by reference and made a part hereof as if fully set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. ITB2014- 032PF and the Contractor's response thereto, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall supply all materials, labor, supplies, and supervision to repair the roofs of the following facilities, as identified in the specifications accompanying the City's Invitation to Bid, and all addenda thereto, which are incorporated herein by reference: Page 11 of 4 City of Palm Beach Gardens ITB2014-032PF Miscellaneous Roof Repairs a. Police Department, Military Trail; b. Fire Rescue Department, Fire Station No. 1; and C. Riverside Youth Enrichment Center, Riverside Drive. ARTICLE 3. COMPENSATION The City shall pay the Contractor upon the completion and acceptance of the work at each location, based on the prices shown in the Pricing Schedule attached hereto and incorporated herein as Exhibit "A", and according to the terms and specifications of Invitation to Bid No. ITB2014-032PF. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre(cDpbgfl.com As to the Contractor: Okabrema Corporation 6708 San Vicente Street Coral Gables, Florida 33146 Attn: Octavio Maniglia Email: omaniglia@okabrema.com b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. Page 12 of 4 City of Palm Beach Gardens ITB2014-032PF Miscellaneous Roof Repairs ARTICLE 5. TERM The term of this Agreement shall be from the effective date until the work has been completed by the Contractor and inspected and accepted by the City, unless terminated earlier as provided for in Article 6. ARTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. (The remainder of this page intentionally left blank) Page 13 of 4 City of Palm Beach Gardens ITB2014-032PF Miscellaneous Roof Repairs IN WITNESS WHEREOF, the parties have executed this Agreement on the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA By: Mayor ATTEST: as Patricia Snider, CMC, City Clerk APPROVED AS TO FO LEGAL SUFFICIENCY: in R. M Sc 46hm5n, City Attorney OKABREMA C RATION - t By: Ocff4 Maniglia, Director WITNESSES: By: Print Name: het By: U Print Na o cr►�S . 99"'' �� . G:\attorney_share\AGREEMENTS\Okabrema Corporation - Misc Roof Repairs - ITB2014-032PF Agreement.docx Page 14 of 4 City of Palm Beach Gardens ITB2014-032PF Miscellaneous Roof Repairs PRICING SCHEDULE ITEM.'LOCATION AMOUNT DAYS TO COMPLETE 1. Police Department, Military Trail $52,500 45 days 2. Fire Rescue Department, Fire Station No. 1 $70,500 45 days Optional coating, as per Invitation to Bid $25,100 3. Riverside Youth Enrichment Center, Riverside Drive $70,500 60 days PROJECT TOTAL: 1 $218,600 NOTE: The City is exempt from paying sales and excise taxes. A tax-exempt certificate will be provided upon request. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 3, 2014 Resolution 24, 2014 Subject/Agenda Item: Consideration for Approval: Approving the Franklin Academy Planned Unit Development (PUD) Plat. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: Council Action: Direc o tanning & Planning & Zoning: Accountant �� [ ] Approved Zoni Project Manager [ ] Approved w/ Conditions Peter Hofheinz, AICP Tre ha Thomas Fees Paid: Yes [ ] Denied [ ] Continued N to ' M. Crowley, AICP Principal Planner to: Engineering Depart Funding Source: [ ]Quasi —Judicial [ ] Legislative [ ] Operating [ ] Public Hearing [X] Other N/A T,�id Eng E. Attachments: Budget Acct.#: Ci. r Advertised: N/A Development [ ] Required Application Ma ohman, Esq. [X] Not Required Contract/Agreement: •Resolution 24, 2014 Date: N/A Paper: N/A Effective Date: N/A Approved By: City Ma r Affecte - parties: tz Expiration Date: [ ] Notified N/A [X] Not Required Ronald . F ris Meeting Date: April 3, 2014 Resolution 24, 2014 Page 2 of 2 SUBJECT REQUEST A request by Education Capital Solution, LLC to receive approval of the plat for the Franklin Academy Planned Unit Development (PUD). The proposed plat is consistent with the approved site plan for the project. Staff is recommending approval. BACKGROUND In 2013, the subject site was rezoned from a PUD Overlay with an underlying zoning designation of Public / Institutional (P/1) to a PUD Overlay with an underlying zoning designation of Mixed Use Development (MXD) via Ordinance 7, 2013 and Resolution 28, 2013. The associated PUD site plan approved a 1,340-student charter school (K-8). TECHNICAL COMPLIANCE APPROVAL On March 14, 2014, the City issued Technical Compliance Approval (TCA) for the plat of the project pursuant to City Code Section 78-446(d)(2)(d). STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 24, 2014 as presented. CITY OF PALM BEACH GAIRDENS DEVELOPMENT APPLICATION P L t47_ 1 I Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail { Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799 4281 Request: (-;Planned Community Development (PCD)Annexation Planned Unit Development (PUD) (—;Rezoning Amendment to PCD, PUD or Site Plan Site Plan Review f—Conditional Use [-Concurrency Certificate Amendment to the Comprehensive Plan E, Time Extension rAdministrative Approval rMMiscellaneous r rAdministrative Appeal F-'Other _ l Date Submitted: t------------ ............ ...._..-.... Project Name: Franklin Academy PUD Amendment I Owner: Batt Private School, Inc. Applicant (if notOwner): Florida Charter Foundation, Inc. Applicant's Address:1120 SE 3rd Ave., Ft Lauderdale, Rrs'TelephoneN o. Agent: Wallace Surveying Corporartion Contact Person: Robert Caial E-Mail: rcaial(cD-wallacesurveying.com I Agent's Mailing Address: 5553 Vlllage Blvd. West Palm Beach, FL 33407, Agent's TelephoneNumber:561-640-4551 FOR OFFICE USE ONLY I Petition Number: Date& Time Received: Fees Received / Application $ Engineering$ Receipt Number: 3-10-D000-,2- 00oo` CITY OF PALM BCH GDNS OU 4 2013 PLANNING ` & ZONING / Architect: HARRY D. BOPP AIA Engineer.�Ross Engineering (Civil) Kimley Horn & Associates (Traffic) Planner: Urban Design tQlday Studios LandscapeArchitect: Urban Design Kilday Studios Site Information: Note: Petitioner shall submit elictronic digital files of approved projects. See attachment for details. General Location: North side of Hood Road, west of Interstate 95, near Golden Eagle Circle Address: 5651 Hood Road 1 42 Section:35 Township:41 Range: 52-42-41-35-00-000-3020, 3030, 3040, 305010360 & 3090 Property Control Number(s): 9.42 acres PUDIPI I PUD/MXD Acreage: Current Zoning: RequesteclZoning: I Flood Zone B Base Flood Elevation (BFE) —to be indicated on site plan_ Current Comprehensive Plan Land Use Designation: MXD Vacant K-8 School Existing Land Use: Requested Land Use: I Proposed Use(s) i.e. hotel, single family residence,etc.: K-8 School Proposed SquareFootageby Use: 79,670 s.f. school ProposeclNumberandType of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): NIA 1� K Justification Information concerning all requests (attach I {Section 78-46, Application Procedures, Land Development Regulations.) I 1. Explain the nature of the request: Boundary Plat as required by City Ordinances, CH 78, Section 78- 2. What will be the impact of the proposed change on the surrounding area,? Not Applicable, See Project Narrative and Development Application previously submitted on 8.7.12. I Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan - Future Land Use, Transportation; Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. Not Applicable - See explanation for item 2 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-30 1, Land Development Regulations)? Plat has required upland preserve. See Item 2 above How will the proposed project comply with City requirements for 78-261, Land Development Regulations)? Not Applicable, See item 2 above.. 6. Has project received concurrency certification? This site is seeking concurrency certification with this request. DateReceived in Public Places (Chapter Legal Descri;iiionof the Subject Ptoperty (Attach additional sheets if needed) CK see attachedAeed for legal description. Location The subject property is located approximately 115t Of mile(s) ffem theintersectionof interstate 95 between Golden Eagle Circle on the r-"-1 Z I northEJeast,0southJ_Jwest side of Hood Road (street/road), I 4 Statement of Ownership and Designation of Authorized Agent Before me, the undersigned authority, personally appeared Gregory K. Silvers who, being by me first duly Sworn, on oath deposed and says: 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. That he/she is requesting Plat Approval in the City of Palm Beach Gardens, Florida 3. That he appointed Wendy Tuma of Urban Design Kilday Studios to act as authorized agents on his behalf to accomplish the above project. Name of 0 �er: Education Capital Solut ons. LLC Ia Delaware limited liability company Signature 6f Owner 909 Walnut Street, Suite 200 Street Address Telephone Number Email Address Sworn and subscribed before me this SARAH E. NEWHAM Notary Public - Notary Seal STATE OF MISSOURI Jackson County W Commission Expires: June 14,2M7 My Comifow6weROPIRM Gregory K. Silvers, Vice President By., Name/Title Kansas Cily, Missouri 64106-2003 City, State, Zip Code City, State, Zip Code —2176 day of -F:e7b1-et& CW =20 LJ Notary Public Applicant's Certification I/We affirm and certify that I/we understand and will comply with the the City of Palm Beach Gardens, Florida. I We further certify that the any paper or plans submitted here with are true to the best of my/our k I/we understand that this application, attachments, and application filir official records of the City of Palm Bea�(Gardens, Flow, and are nc Applicant is: F. Owner Optionee Lessee Agent Contract Purchaser ind development regulations of tatements or diagrams made on )wledge and belief. Further, fees become a part of the returnable. -5ignatureot Applicant Rob rt`' CQ - QI Print Name of Appli nt 5553 VILLAGE RLVO. StreetAddress City, State, Zip Code TelephoneNumber 5'6 / - 6 40 - 9 Fax Number rca_la hwo IJacesc-rv&v E-Mail-Address ,n 41' Palm Beach Gardens Growth Management Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 Financial Resnonsibility Form The owner understands that all City -incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest -bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The ownZesignee further understands that transfer of this responsibility shall require a completed form, sign d ;and notarized by the responsible party, and delivered to the City Growth Management I Departme t if the name and/or address of the responsible party changes at anytime during the applicat reyRw process. rolm, M_ Gregory K. Silvers, Vice President Education Capital Solutions, LLC 909 Walnut Street, Suite 200 Kansas City, Missouri 64106-2003 Owner printed name DESIGNEE/BILL TO: Discovery Schools 1120 SE 3"1 Avenue Ft, Lauderdale, Florida 33316 STATE OF 12il5soate; COUNTY OF 52-42-41-35-00-000-3090, 3060 30503040, 3030, and 3020 Property Control Number Dadi'girlie Acceptance Signature I hereby certify that the foregoing instrument was acknowledged before me this day of March, 2014 by nk V A, 91 / a iq_� . He or she is personally known to me or has produced as identification. D&�Iy SARAH E. NEWHAM r1l Notary Public - Notary Seat Notary public signature STATE OF MISSOURI Jackson county &V commission Expires: June 14,2017 Printed name commission # 13728582 State of at -large My Commission expires: 14,6/,L4 .20( PROPERTY DESCRIPTION TO ACCOMPANY DEVELOPMENT APPLICATION LEGAL DESCRIPTION: The Southwest quarter (SW X) of the Northeast Quarter (NE %) of the Northwest Quarter (NW %) of Section 35, Township 41 South, Range 42 East, Palm Beach County, Florida. LESS and EXCEPT right-of-way for Hood Road conveyed to Palm Beach` County pursuant to Right -of -Way Deed recorded in Deed Book 1139, Page 285, of the Public Records of Palm Beach County, Florida. 1 CITYOF i PALM BCH GDIgS ?C 1 i PLANNING & ZONING 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA APPROVING THE FRANKLIN 8 ACADEMY PLANNED UNIT DEVELOPMENT (PUD) PLAT; 9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, the City staff has reviewed the Franklin Academy Planned Unit 13 Development (PUD) plat; and 14 15 WHEREAS, City staff has determined that the proposed plat meets all the 16 technical requirements of the City's Land Development Regulations (LDRs) and 17 Chapter 177, Florida Statutes, and recommends approval of the plat; and 18 19 WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; 20 and 21 22 WHEREAS, the City Council deems approval of this Resolution to be in the best 23 interests of the health, safety, and welfare of the residents and citizens of the City of 24 Palm Beach Gardens and the public at large. 25 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. The Mayor and City Clerk are hereby directed and authorized to 33 execute the Mylar of the Franklin Academy Planned Unit Development (PUD) plat 34 consisting of two (2) sheets, prepared by Wallace Surveying, attached hereto as Exhibit 35 "A." 36 37 SECTION 3. This Resolution shall become effective immediately upon adoption. 38 39 40 (The remainder of this page intentionally left blank) 41 42 43 44 45 46 Resolution 24, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2014. ATTEST: M Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY OF PALM BEACH GARDENS, FLORIDA AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 24 2014 - Plat - Franklin Academy.doc , Mayor 5-10Z -20000" Page 2of2 Resolution 24, 2014 EXHIBIT "A" Page 3 of 2 "i DETAIL �i (SCALE: , •=20') I I W! < I I i N69'09_03-W 0 olh 'nl I d W.S.E. oo' = 1 I _ _36. 75'- T N89'09'03i'r I I ry I I I^ I o N90'00_00"E i o i o0 I oLo ____49.16' I 2 N9�T00'00 W---JI I o �/ \ l l I / to FPL / I I EASEMENT r-- / I I co ( aI I I I I N 10 1_J_t-I ------------ �1--L--------- I I I I U) i ^i WNti Z :n I I 2 W n6 W h I IW wow I I W I I I N 2 C/L 12' PEDESTRIAN I I $ N- Y' ACCESS EASEMENT I I a I I I iol oW ----- 6 6 --- _ -------------t----1_ �_______- - - 10' U.E-I _I 1 I r- - - - ----- I/ H_ ---....... vv .7o G I 658 ,fir' --------- 15' ADDITIONAL R/W (O.R.B. 26616, PG. 1285) 12' PEDESTRIAN ACCESS EASEMENT CURVE AND LINE TABLES CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING 71 130.00 29.04 I746'00" N84-2649"E C2 120.00' 54.02' 25'4734' S89'03'24"E C3 120.00' 47.07' 22'28'25' S87*23'50"E C4 120.00' 44.00' 21'00'33" S88'0745"E C5 120.00' 49.98 23'51'54" 589-3326"E C6 123.00' 26.66' I725'07" N84'43'11"E C7 33.00' 26.56' 46'O6'3I" N67'52'28'E C8 66.00' 14.69' 12'4525" N5I*I 1'55EE"E 65.00' 13 '4 S168 495' SC9 4 2' 384CIO 558.00'30 Cll12 120.00 46.25' 270450" 559-29-14"E C 120.00' 49.62' 1 23'41'26" S86.4056 C13 1 120.00' 1 40.08- 1 19'06'20" S862423E LINE BEARING DISTANCE L1 N760937"W 11.65' L2 S81.21'S8"W 14.58 L3 N7T37'29"W /4.59' L4 S79-28.21 "W 8.30' L5 N76'50'13"IV 18.09- L6 S84'01'27"W 56.28' FRANKLIN ACADEMY LYING IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA W.S.E. (SEE DO 12' EMERGENCY - VEHICLE IN EGRESS EASEMENT (SEE DETAIL) ;-T N w E e � 0' 50' S 100, 150' SCALE: 1 "=50' NORTHEAST CORNER, NORTHWEST QUARTER SECTION 35/41/42 NORTH LINE, NORTHWEST QUARTER, SECTION 35141142 N89'24'48-W 1316.44'--________________ SHEET 2 OF 2 UNPLATTED NORTH LINE SOUTHWEST QUARTER, NORTHEAST QUARTER, NORTHWEST QUARTER, SECTION 35/41/42 447.29 IW G I I� n W �n o 00 0" l e o ^ S89-09'07"E v0i la �L��Ssa 1� , �.r• W 9 o1 g9.•'H 1 I 1 9 j F I� N46, Ih �n I I,W3.,, y7ryti 6 � I *I IN ml I l0 I I W I I oI I I I I I IH J " 7-- II i (I I n yl I��-EAf0' FPL I ( h1 SEMENEN T I (SEE DETAIL) r----WLI---------------- I I III �I I I III L6 C73 =I 1 2( S69'02 36 E 658.28' PARCEL A C/L 12' PEDESTRIAN ACCESS EASEMENr 20- x 48' W.S.E. 90' PARKWAY EASEMENT - 7--5' L.A.E. r'I C6 210.99' TRACT C' n UPLAND PRESERVATION AREA D (0. 70 ACRE) 4=90-00,00, C.B.=S43'06'56"E R=25.00' 4=90'00'00" A=39.37' A=81.30' o 01• 588'06'S6"E n�+ 87.98' Q iv F�, O I I --------- I 15' ADDITIONAL R/W C/L 12' PEDESTRIAN (G.R.B. 26616, PG. 1285) F ACCESS EASEMENT ABBREVIATIONS AND SYMBOLS 1-0- =Denotes Set Permanent Reference Z Monuments (P.R.M.'s). with disk Stamped g "P R.M. WALLACE LB #4569" 2- --()- =Denotes Set 518" Iron Rod & Cap Stamped "WALLACE LB #4569" 3. (� , CIL =Centerline 0 4. R/W =Right of Way 5. P.B. =Plat Book 6. P.G.(S) =Pages i 7. SEC. =Section 8. TWP. =Township W 9. RGE. =Range 0 10. U.E. =Utility Easement o 11. D.E. =Drainage Easement 1n 12. D.B. =Deed Book 13. A =Arc Length 1p i 14. ,L =Central Angle .W F o 15. R =Radius. 16. C.B. =Chord Bearing c S 17. O.R.B. =Official Record Book h a 18. R.P.B. =Road Plat Book 0 3 j 19. L.M.E. =Lake Maintenance Easement 2iE20. S. U.A. =Seacoast Utility Authority 21. P.O. C. =Point of Commencement j 22. P.O. B. =Point of Beginning 23. P.B.C. =Palm Beach County 24. W.S.E. =Water & Sewer Easement 25. L.A.E. =Limited Access Easement _ r4:.27'658.455' �-S�8�80UFK LA.E 336.24' 10.00' -----._ 'S- ----------------0 U.E. (BASIS OF BEARINGS) a (PUBLIC) NORTH R/W LINE HOOD ROAD (O.R.B. 26616, PG. -1285) oI ,rl _ - o o HOOD ROAD S8so6'5s E h a (80' R/W D.B. 1139, PG. 285) ------r_-----.__--- 0 0 �Ih 7�''�� _ _ I 4, ADDITIONAL R/W-- DEDICATED BY PLAT No. I WESTWOOD GARDENS SOUTH R/W LINE HOOD ROAD _ (P.B. 46, PG. 156) (P.B. 46, PG. 156) PLAT N0. 1 WESTWOOD GARDENS (P.B. 46, PG. i56) DONALD ROSS ROAD . I FRANKLINACADEMY N\ It, I H TE W LYING IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA m J Q roLtl HOOD ROAD 9�1 95 cc Y N W E Q O S u_ VICINITY SKETCH (NOT TO SCALE) DEDICATION KNOW ALL MEN BY THESE PRESENTS that Education Capital Solutions, LLC, a Delaware limited liability company, owner of the land shown hereon as FRANKLIN ACADEMY, being a portion of the Southwest quarter (S W ..) of the Northeast Quarter (NE Y..) of the Northwest Quarter (NW %) of Section 35, Township 41 South, Range 42 East, City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows. LEGAL DESCRIPTION: The Southwest quarter (S W '/.) of the Northeast Quarter (NE Y.) of the Northwest Quarter (NW %) of Section 35, Township 41 South, Range 42 East, Palm Beach County, Florida. LESS and EXCEPT 80 foot right-of-way for Hood Road conveyed to Palm Beach County pursuant to Right -of -Way Deed recorded in Deed Book 1139, Page 285, of the Public Records of Palm Beach County, Florida. And also LESS and EXCEPT 15 foot additional right-of-way for Hood Road conveyed to Palm Beach County pursuant to Warranty Deed recorded in Official Records Book 26616, Page 1285, Public Records of Palm Beach County, Florida. Containing in all, 9.19 acres, more or less has caused the same to be surveyed and platted as shown hereon and does hereby reserve and dedicate as follows: PARCEL A Parcel A, as shown, hereon is hereby reserved by Education Capital Solutions, LLC, a Delaware limited liability company, its successors and assigns, for purposes consistent with the zoning regulations of the City of Palm Beach Gardens, Florida, and is the perpetual maintenance obligation of said Education Capital Solutions, LLC, a Delaware limited liability company, its successors and assigns, without recourse to City of Palm Beach Gardens. TRACT "C" Tract "C", (Upland Preservation Area) as shown hereon, is hereby dedicated for common area conservation purposes and is the perpetual maintenance obligation of said owners, their successors and assigns, without recourse to the City of Palm Beach Gardens, Florida. The conservation area may in no way be altered from its natural state, activities prohibited within the conservation area include, but are not limited to parking or placing of buildings on or above the ground, dumping or placing soil or other substances such as trash, removal or destruction of trees, shrubs, or other activities detrimental to drainage, flood control, water conservation, erosion control or wildlife habitat conservation or preservation. The placing or soil or removal or destruction of trees, shrubs, or other vegetation is permitted for the construction, restoration and maintenance of a drainage berm as approved by the City of Palm Beach Gardens, Florida. FPL EASEMENT The FPL easement, as shown hereon, is hereby dedicated to Florida Power and Light Company, its successors and assigns, for the construction, installation, maintenance, and operation of electrical facilities. Such construction, installation, maintenance, and operation shall comply with the National Electrical Safety Code as adopted by the Florida Public Service Commission. Said lands encumbered by said easement being the perpetual maintenance obligation of the owner or owners of the fee simple interest in said lands, their successors and assigns. WATER AND SEWER EASEMENTS ("W. S.E. ) The water and sewer easements, as shown hereon, designated as W S.E., are hereby dedicated to Seacoast Utility Authority, its successors and assigns, for installation, operation and maintenance of water and sewer facilities. Said lands encumbered by said easement being the perpetual maintenance obligation of the owner or owners of the fee simple interest in said lands, their successors and assigns. PARKWAY EASEMENT The parkway easement, as shown hereon, is hereby dedicated for parkway buffer purposes, pedestrian access purposes, public utility purposes, dry retention purposes, an entry archway and signage purposes consistent with the site plan on file with the City of Palm Beach Gardens, Florida and is the perpetual maintenance obligation of said owners, their successors and assigns, without recourse to the City of Palm Beach Gardens, Florida. EMERGENCY VEHICLE INGRESS/EGRESS EASEMENT The emergency vehicle ingressregress easement, as shown hereon, is hereby dedicated for emergency vehicle ingress and egress purposes and is the perpetual maintenance obligation of said owners, their successors and assigns, without recourse to the City of Palm Beach Gardens, Florida. 5' LIMITED ACCESS EASEMENTS ("5' L.A.E. ) The 5' limited access easements, as shown hereon, are hereby dedicated to the City of Palm Beach Gardens, for the purposes of control and jurisdiction over access rights. Said lands encumbered by said easement being the perpetual maintenance obligation of the owner or owners of the fee simple interest in said lands, their successors and assigns. PEDESTRIAN ACCESS EASEMENTS The pedestrian access easements as shown hereon, are hereby dedicated to the City of Palm Beach Gardens, for use by the public for pedestrian access. Said lands encumbered by said easements being the perpetual maintenance obligation of the owner or owners of the fee simple interest in said lands, their successors and assigns. IN WITNESS WHEREOF, the above -named limited liability company has caused these presents to be signed by its Vice President, this_ day of , 2014. Education Capital Solutions, LLC, a Delaware limited liability company WITNESS: BY.' Gregory K. Silvers Vice President WITNESS: Printed Name Printed Name DEDICATIONS AND RESERVATIONS ACKNOWLEDGEMENT State of Missouri County of I BEFORE me personally appeared Gregory K. Silvers, who is personally known to me, or has produced as identification, and who executed the foregoing instrument as the Vice President of Education Capital Solutions, LLC, a Delaware limited liability company, and acknowledged to and before me that he executed such instrument as such officer of said limited liability company, and said instrument is the free act and deed of said limited liability company. WITNESS my hand and official seal this _ day of , 2014. My Commission Expires: Signature of Notary Public UTILITY EASEMENT (U.E.) The utility easement as shown hereon is hereby dedicated in perpetuity for the construction and maintenance of utility My Commission No., facilities, including cable television systems. The installation of cable television systems shall not interfere with the construction and maintenance of other utilities. In the event a cable television company damages the facilities of a public utility, it shall be solely responsible forthe damages. Such construction, installation, maintenance, and operation shall comply with the National Electrical Safety Code as adopted by the Florida Public Service Commission. SITE DATA PETITION No.: PUDA-12-05-000039 PARCEL"A"AREA = 8.49ACRES UPLAND PRESERVATION AREA = 0.70ACRE TOTALAREA = 9. 19 ACRES EDUCATION SOLUTIONS Printed Name of Notary Public STATE OF FLORIDA COUNTY OF PALM BEACH THIS PLAT WAS FILED FOR RECORD AT M. THIS _ DAY OF AD. 20_AND DULY RECORDED IN PLAT BOOK ON PAGES -AND- S ON R. BOCK CLERK AND COMPTROLLER BY: DEPUTY CLERK SHEET1 OF 2 REVIEWING SURVEYOR This plat has been reviewed for conformity in accordance with Chapter 177.081 (1) of the Honda Statutes and the ordinances of the City of Palm Beach Gardens. This review does not include the verification of the geometric data or the field verification of the permanent control points (P. C.P.'s) and monuments at lot comers. This day of , 2014. Ronnie L. Fumiss, PSM Florida License Number 6272 SURVEYOR AND MAPPER'S CERTIFICATE This is to certify that the plat shown hereon is a true and coned representation of a survey made under my responsible direction and supervision,, that said survey is accurate to the best of my knowledge and belief,, that Permanent Reference Monuments (P. R. M's) and Monuments according to Sec. 177.091 (9) F.S., have been placed as required by law and, further that the plat and survey data complies with all requirements of Chapter 177, Part 1, Platting, Florida Statutes, as amended, and ordinances of the City of Palm Beach Gardens, Florida. This day of , 2014. Robert J. Cajal Professional Surveyor and Mapper Florida Cerlifirate No. 6266 Wallace Surveying Corporation 5553 Village Boulevard West Palm Beach, FL 33407 Licensed Business No. 4569 TITLE CERTIFICATION 1, Jana L Armstrong, a duly licensed attorney in the State of Florida, do hereby certify that I have examined the title to the hereon described properly; that I find the title to the property is vested to Education Capital Solutions, LLC, a Delaware limited liability company; that the current taxes have been paid; that there are no mortgages of record; and that there are encumbrances of record but those encumbrances do not prohibit the creation of the subdivision depicted by this plat. This day of , 2014. By: carry, ��yuue Florda Bar No. 970239 APPROVALS City of Palm Beach Gardens County of Palm Beach, Florida This plat is hereby approved for record this day of 2014. BY ATTEST , Mayor Patricia Snider, CMC City Clerk This plat is hereby accepted for record this day of , 2014. BY.' Todd Engle, P.E. City Engineer NOTES 1. All distances are ground and based on the U.S. survey foot. 2. Bearings shown hereon are grid and are based on the North right of way line of Hood Road as recorded in Official Records Book 26616, Page 1285, which bears South 88"0656" East and all other bearings are relative thereto. 3. No building or any kind of construction, trees or shrubs shall be placed on any easement without prior written consent of all easement beneficiaries and all applicable city approvals or permits required for such encroachments. 4. NOTICE., This plat, as recorded in its graphic form, is the official depiction of the subdivided lands described herein and will in no circumstances be supplanted in authority by any other graphic or digital form of the plat. There may be additional restrictions that are not recorded on this plat that may be found in the public records of this county. 5. This instrument prepared by: Robert J. Cajal Wallace Surveying Corporation 5653 Village Boulevard PLAT OF West Palm Beach, FL 33407 5611640-4551 T7 7�7T T /� T� 7��{�J URVEYOR SURVEYOR ENGINEER FRA XTINT A'1.�A11EM Js MRLLRCE suRvEYino �� 55v n = ui[vavo,wfsi cqu, s=_ncu,ORPI ,q ExSFs eusmFssr,see can Puss, FIELD: JOB No.: 84-530.19 1 F.B. PG: OFFICE: R.C. DATE: JANUARY, 20141 DV✓G. No.: 64-530-4 C'K'D.' REF.: I SHEET 1 OF 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 3, 2014 Resolution 25, 2014 Subject/Agenda Item: Support a joint application with the Palm Beach and the Broward Metropolitan Planning Organizations (MPOs) for Transportation Investment Generating Economic Recovery (TIGER) grant seeking funding for rail safety infrastructure improvements to make the Florida East Coast rail corridor in our community and throughout the two (2) MPOs eligible for quiet zone designation. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: Council Action: Adm4Prese4ky $ 0 (Total) Cit [ ] Approved $ 0 Current FY [ ] Approved w/ Conditions Ch Projects Director, . Max Vohman, Esq. Administration [ ] Denied Finance Ad istrator Funding Source: [ ] Continued to: Advertised: N/A Date: [ ] Operating Attachments: Allan Owens Paper: [x ] Other Resolution 25, 2014 [ x ] Not Required ------------------------------- Contract/Agreement: Effective Date: Submitted b : N/A Deputy City anager Expiration Date: N/A J.E. Doug Affected parties [ ] Notified Budget Acct.#: N/A Approved by: City Mana� �%' .7 [,x ] Not required Ron M Fer"ris Meeting Date: April 3, 2014 Resolution 25, 2014 Page 2 of 2 BACKGROUND: The Palm Beach Metropolitan Planning Organization (MPO) will be developing and submitting a joint application with the Broward MPO, in collaboration with Florida East Coast (FEC) and the Florida Department of Transportation (FDOT), for a Transportation Investment Generating Economic Recovery (TIGER) grant for rail safety infrastructure to make the FEC corridor eligible for quiet zone designation. The joint application will be administered by the Palm Beach County MPO. The two (2) MPOs have provided the funding necessary to hire a consultant to author the grant application, submit said application on behalf of the two (2) organizations, and follow the selection process. The City of Palm Beach Gardens is not providing any funds to support this grant process. Approval of Resolution 25, 2014 enables the City of Palm Beach Gardens to be included in a funding allocation to fund a portion of the safety infrastructure improvements along the rail corridor if the All Aboard Florida (AAF) project commences. Approval of this Resolution does not imply support for the AAF project, nor indicate support for the rail project to move forward. The anticipated AAF rail project will add train traffic through the FEC rail corridor. , In addition, FEC has indicated that cargo rail could potentially increase over the next few years. The additional trains will have an impact on the area with regard to public safety, quality of life, etc. To mitigate these impacts, the TIGER grant, if awarded, would provide funds to offset the costs of safety and quiet zone infrastructure improvements. If successfully awarded, the City would be eligible to receive a portion of the grant. The MPO has indicated that the grant funds will be allocated to individual crossings based on a proportion equal to infrastructure cost at a given crossing divided by the total project cost. Then the local government with jurisdiction over the crossing will have discretion over how to best allocate those funds within their jurisdiction. The "TIGER Discretionary Grants" program was created in the Recovery Act of 2009. The FY 2014 Appropriations Act appropriated $600 million to be awarded by the Federal Department of Transportation for the TIGER Discretionary Grants program. "Eligible Applicants" for TIGER Discretionary Grants are state, local, and tribal governments, including U.S. territories, transit agencies, port authorities, metropolitan planning organizations (MPOs), other political subdivisions of state or local governments, and multi- state or multi -jurisdictional groups' projects that are eligible for TIGER Discretionary Grants for capital projects including, but not limited to: (1) highway or bridge projects eligible under Title 23, United States Code (including bicycle- and pedestrian -related projects); (2) public transportation projects eligible under Chapter 53 of Title 49, United States Code; (3) passenger and freight rail transportation projects; (4) port infrastructure investments; and (5) intermodal projects. STAFF RECOMMENDATION: Staff recommends approval of Resolution 25, 2014 as presented. I RESOLUTION 26, 2014 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA SUPPORTING THE PALM BEACH 6 METROPOLITAN PLANNING ORGANIZATION'S EFFORTS TO 7 SECURE FEDERAL FUNDING IN THE FORM OF A 8 TRANSPORTATION INVESTMENTS GENERATING ECONOMIC 9 RECOVERY (TIGER) GRANT FOR THE INFRASTRUCTURE TO 10 INCREASE ROAD CROSSING SAFETY AND PROVIDE FOR THE 11 QUIET ZONE IMPROVEMENTS NECESSARY TO INCREASE THE 12 SAFETY IN AREAS WHERE TRAIN HORNS ARE NOT ROUTINELY 13 SOUNDED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 14 PURPOSES. 15 16 17 WHEREAS, the Florida East Coast railroad is a historic linear rail corridor 18 traversing many of Florida's East Coast communities; and 19 20 WHEREAS, rail/roadway grade crossings occur throughout those communities 21 and serve as the economic and public safety connections for the entire population 22 along Florida's East Coast; and 23 24 WHEREAS, railroads are vital for commerce and the overall economy of the 25 state, but they can also create public safety concerns and disturb the quality of life for 26 Florida's residents due to high noise levels from passing train horns; and 27 28 WHEREAS, the All Aboard Florida project proposes to reintroduce passenger rail 29 service on Florida's East Coast, thus increasing the number of trains utilizing the Florida 30 East Coast Industries (FECI) rail corridor; and 31 32 WHEREAS, the expansion of intermodal facilities, such as Port Miami, Port 33 Everglades, and the Port of Palm Beach, will enhance the ability to increase and 34 process freight, thereby expanding economic activity in South Florida; and 35 36 WHEREAS, these freight improvements are projected to increase the intensity of 37 freight trains traversing the Florida East Coast rail corridor, both in number and size; 38 and 39 40 WHEREAS, the addition of new rail traffic along the Florida East Coast corridor 41 will have significant impact to local residents and businesses that will result in increased 42 vehicle traffic congestion, increased crossing closures, and possibly increase public 43 safety response; and 44 45 46 Page 1 of 3 Resolution 25, 2014 1 WHEREAS, the installation of rail safety infrastructure and safe multi -modal 2 connectivity points to protect the vehicles and pedestrians crossing the Florida East 3 Coast rail corridor will increase the safety of the corridor and reduce the local 4 neighborhood impacts created by the All Aboard Florida project and the additional 5 freight operating on the Florida East Coast corridor; and 6 7 WHEREAS, the City Council deems approval of this Resolution to be in the best 8 interest of the health, safety, and welfare of the residents and citizens of the City of 9 Palm Beach Gardens and the public at large. 10 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 13 OF PALM BEACH GARDENS, FLORIDA that: 14 15 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 16 17 SECTION 2. The City of Palm Beach Gardens supports the Palm Beach 18 Metropolitan Planning Organization's efforts to secure federal funding in the form of a 19 Transportation Investments Generating Economic Recovery (TIGER) grant for the 20 infrastructure to increase road crossing safety and provide for the quiet zone 21 improvements necessary to increase the safety in areas where train horns are not 22 routinely sounded. 23 24 SECTION 3. This Resolution shall become effective immediately upon adoption. 25 26 SECTION 4. The City Clerk is hereby authorized and directed to furnish copies of 27 this Resolution to the Palm Beach Metropolitan Planning Organization's Board of 28 Directors and staff. 29 30 (The remainder of this page intentionally left blank) 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 3 Resolution 25, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of 12014. ATTEST: AM Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY OF PALM BEACH GARDENS, FLORIDA AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 25 2014-TIGER Grant-FEC Quiet Zone.doc , Mayor Page 3 of 3 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, residing within the boundaries of Palm Beach Gardens, many of our neighbors have served as members of the Armed Forces, and in doing so have honored our community with exemplary dedication; and WHEREAS, it is important that we recognize. the sacrifices made by our community's veterans who are paralyzed; and WHEREAS, their service to our country and the perseverance in overcoming adversity has shown the steadfast commitment to our nation; and of us. WHEREAS, their stories of hardship and triumph provide life -affirming lessons for all NOW, THEREFORE, I, , Mayor of the City of Palm Beach Gardens, do hereby extend greetings and best wishes to all observing April, 2014 as Paralyzed Veterans of America Awareness Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 3rd Day of April, in the year Two Thousand and Fourteen. , Mayor ATTEST: Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 3, 2014 Resolution 21, 2014 Subject/Agenda Item: Alton Planned Community Development (PCD) Amendment Consideration for Approval: A request by Urban Design Kilday Studios, on behalf of the Alton Development of Regional Impact (DRI)/Planned Community Development (PCD) (f.k.a. Scripps Florida Phase II/Briger Tract) property owners, to incorporate modifications to utility easements, roadway cross -sections and buffers, lakes, open space, and revisions to conditions of approval. The subject site is approximately 681 acres and is located south of Donald Ross Road, north of Hood Road, and east and west of Interstate 95. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: Council Action: Director of Planning and Planning & Zoning: Accoun [ ] Approval Zon g Project Mana er [ ] Approval w/ Conditions [ ] Denial Tresha Thomas [ ]Continued to: ie M. Crowley, AICP Peter Hofh inz, AICP Principal Planner Fees Paid: N/A evelopment Compliance and Zoning Manager [X] Quasi —Judicial Funding Source: [ ] Legislative [X] Public Hearing [ ] Operating [X] Other N/A areh Wolfs, A CP Attachments: City A [X] Required Budget Acct.#: N/A . Development Application NAdvertised: [ ] Not Required • Location Map Date:03/19/2014 Paper: Palm Beach Contract/Agreement: Resolution 21, 2014 R. ax man, Esq. Post Effective Date: N/A Approved By: City Man er —Affe—cted parties: Expiration Date: [X] Notified [ ] Not Required N/A Ronal . F ris Meeting Date: April 3, 2014 Resolution 21, 2014 Page 2 of 11 EXECUTIVE SUMMARY A request by Urban Design Kilday Studios for modifications to the Alton Development of Regional Impact/Planned Community Development (DRI/PCD) (f.k.a the Scripps Florida Phase II/Briger Tract). The proposed modifications include changes to utility easements, the PCD and Parkway Buffers; minor modifications to the preserve areas; the conceptual lake within Parcel C; open space; roadway cross sections; and revisions to conditions of approval. The subject site is approximately 681 acres and is located south of Donald Ross Road, north of Hood Road, and east and west of Interstate 95. Staff recommends approval. BACKGROUND On April 1, 2010, the City Council approved Resolution 80, 2009, thereby approving the Application for Development Approval (ADA) for the Scripps Florida Phase II/Briger Tract Development of Regional Impact (DRI). The development program for the DRI consists of 2,600,000 square feet of industrial/research and development/biotech, 1,200,000 square feet of office, 300 hotel rooms, 500,000 square feet of retail development, and 2,700 dwelling units on approximately 681 acres located along the south side of Donald Ross Road, north of Hood Road, and east and west of Interstate 95. On August 15, 2013, the City Council approved Resolution 44, 2013 which granted approval of a Notice of Proposed Change (NOPC) to the DRI Development Order to modify three (3) conditions of approval related to intersection improvements on Donald Ross Road and Heights Boulevard Extension, and Donald Ross Road and the entrance to Florida Atlantic University. (The remainder of this page intentionally left blank) Meeting Date: April 3, 2014 Resolution 21, 2014 Page 3 of 11 LAND USE & ZONING The land -use designation of the subject site, as shown on the City's Future Land Use Map, is Mixed Use (MXD) with a zoning designation of Planned Community Development (PCD) Overlay with an underlying zoning designation of Mixed Use (MXD). The existing land uses and zoning designation of.the properties surrounding the subject site are provided in the table below. Table 1. Existing Zoning & Future Land -Use Designations EXISTING USE ZONING LAND USE Subiect Property Planned Community Development Mixed Use (MXD) Alton DRI (undeveloped) (PCD) / Mixed Use (MXD) North Donald Ross Road Abacoa DRI Mixed Use (MXD) Mixed Use (MXD) (Town of Jupiter) South Mandel Jewish Community Planned Unit Development (PUD) / Mixed Use (MXD) Center Mixed Use (MXD) Westwood Lakes and Gardens Planned Unit Development (PUD) / Residential Medium Residential Medium (RM) (RM) Trevi at the Gardens Planned Unit Development (PUD) / Residential Medium Residential Medium (RM) (RM) Franklin Academy Planned Unit Development (PUD) / Mixed Use (MXD) Mixed Use (MXD) East Planned Unit Development (PUD) / Mixed Use (MXD) Legends at the Gardens Mixed Use (MXD) San Michele Planned Unit Development (PUD) / Mixed Use (MXD) Residential Low Density 3 (RL-3) Benjamin School Planned Unit Development (PUD) / Residential Low (RL) Public Institutional (P/1) West Mixed Use (MXD) East Pointe Country Club Planned Community Development Mixed Use (MXD) (Palm Beach County) (PCD) Meeting Date: April 3, 2014 Resolution 21, 2014 Page 4 of 11 TRAFFIC CONCURRENCY The Applicant entered into a Proportionate Share Agreement with Palm Beach County, the Florida Department of Transportation, the Florida Turnpike Authority, and the City of Palm Beach Gardens to meet the Development of Regional Impact (DRI) requirements and local concurrency in 2009. The subject request does not affect the project's traffic concurrency approval. PLANNED COMMUNITY DEVELOPMENT (PCD) SUBDIVISION NAME CHANGE On January 6, 2014, the Addressing Committee issued an approval letter for the subdivision name change to the Alton PCD/DRI. The Addressing Committee also approved a series of road names for the internal streets that will be constructed within the PCD. PROJECT DETAILS The Alton PCD is a 681-acre mixed -use development located south of Donald Ross Road, north of Hood Road, and east and west of Interstate 95. The project includes 2,600,000 million square feet of industrial/research and development/biotech, 1,200,000 million square feet of office, 300 hotel rooms, 500,000 square feet of commercial/retail development, and 2,700 dwelling units. The site is currently vacant. A petition has been filed through Northern Palm Beach County Improvement District (NPBCID) for approval of a proposed Plan of Improvements for the NPBCID's Unit of Development No. 2C. This Plan of Improvements will allow the NPBCID to provide, operate, and/or maintain the public services and infrastructure improvements required to be completed for the Alton PCD mixed -use development project. The infrastructure improvements include surface water management systems, off/on-site roadway improvements, street and pedestrian lighting, on -site water and sewer collection and transmission improvements, landscape and hardscape improvements, and wetland and upland preserves. These common infrastructure improvements are necessary to facilitate the development of the project. The Applicant, with this Planned Community Development Amendment, is requesting to modify several of the original conceptual plans to incorporate infrastructure design changes, and provide compliance with the conditions of approval consistent with the first planned phase of construction. During the first planned phase of construction for the PCD, the Applicant is proposing to construct Alton Road and Grandiflora Road to their ultimate right-of- way of four (4) lanes divided and the 22-acre lake in the Town Center District. As individual site plans are approved, the associated right-of-way buffer adjacent to those site plans will be constructed. The Applicant will be submitting a plat for the PCD which will match the proposed changes and first phase of infrastructure. Each of the requested modifications are listed and described in the following paragraphs. DRI/PCD Roadway System The project's roadway system provides both pedestrian and vehicular linkages within the PCD and to the existing abutting and nearby roadways. The main Collector roadways depicted on the PCD Master Plan include a north/south roadway connecting Donald Ross Road to Hood Road, formerly known as Parkside Drive now named Alton Road, an extension of Grandiflora Road connecting to Alton Road, and a loop road connecting the Biotech Meeting Date: April 3, 2014 Resolution 21, 2014 Page 5 of 11 (Parcel B), Scripps Campus (Parcel A), and Town Center (Parcel C) Districts, formerly known as Heights Boulevard Extension, now named Pasteur Boulevard. These roadways are to serve as the PCD's main Collector roads. As the design of these Collector roadways and the associated water, waste water, and storm water infrastructure has become more detailed, the utility providers, NPBCID and Seacoast Utility Authority (SUA), have been able to provide specific design permitting criteria. The Applicant is proposing modifications to the existing conceptual roadway cross sections and adding new cross sections that account for and accommodate the engineering standards and requirements. The proposed modifications include: 1) Modified right-of-way (ROW) widths to accommodate engineering and utility company infrastructure and requirements; 2) Relocation of dry utilities (FPL, cable, phone, etc.) from under the sidewalk within the landscape ROW buffer to a ten-(10) foot utility easement located on each PCD Parcel as required by the utility providers; 3) Updated landscape palette that is required by the utility providers to meet their standards (SUA and NPBCID); 4) Modified street lights; 5) Modified multimodal node design to conform with Palm Tran standards; 6) Haddscape design treatments within the roadway buffers; and 7) Modified Alton Road and Grandiflora Road cross section to include on -street parking spaces. On -street parking spaces along Alton Road are only allowed south of the Grandiflora Road and Alton Road intersection. Staff has reviewed the Applicant's request to modify the conceptual collector road cross sections and the addition of new cross sections for the collector roads. The updated landscaping will include Bismark Palms, Magnolia Trees, Gumbo Limbo trees, Southern Live Oaks, and Silver Buttonwoods within the roadway medians and road shoulders. Figures 1 and 2 below illustrate the proposed modifications that have resulted from engineering requirements and the landscape palette changes. Meeting Date: April 3, 2014 Resolution 21, 2014 Page 6 of 11 Figure 1: Approvea 'Izu' KUW cross Section at intersection 10 T— >t 1 v „ ,< az.—T ,a "T T_la Aw11s , Tawlla� T r �' C Iw Z rM FO! I 7T,peFM ✓w N 1g 0.QW La�pwWpatl PrY�ln Ea�nwf RR VU. Propwlrlar Figure 2: rIvuUsIju 1Aa rwrr OUtuvn aL nn.VisGUuUn R.O.W. Lane Roadway Section ;,with Landscape Buffer (Alton Rd) rR Ell I• I �. '"ram IIMVIIJ! ) 19MWIlil�T�m tape 11t.`'t�fItM lea Lt __ == uQ •setaie lr x �� sm•a T,y u war u.,roo.n ur llowrh.we.•• u. Figures 1 and 2 above show the approved 120-foot ROW and proposed 125-foot ROW cross sections at the Donald Ross Road intersection to provide a typical illustration of the Applicant's proposed modifications. Figure 2 includes numerical notes that help to identify the modifications. They include: 1) revised ROW widths (wider) to accommodate utility and landscape distance requirements; 2) relocate dry utilities (FPL, cable, phone, etc.) from under the sidewalk to a 10-foot utility easement located on the individual PCD parcels; 3) updated landscape palette that meets utility standards (SUA, NPBCID, FPL, etc.); and 4) revised street lights. Staff supports the Applicant's proposed modifications. The Applicant has included a hardscape feature that is designed to provide a sense of separation between residential areas and the roadway landscape buffer and pedestrian easement. The design feature includes a foot wall and gate with columns. The hardscape feature is located along the edge of the roadway landscape buffer and pedestrian easement where it abuts residential areas. The foot wall is proposed to be approximately 12 inches tall and will include a 48-inch landscaping hedge along the inside edge abutting the residential area to provide an additional landscape buffer feature between the roadway and residential area. Meeting Date: April 3, 2014 Resolution 21, 2014 Page 7 of 11 DRI/PCD Overall Landscave Buffer The original PCD approval included an overall PCD landscape buffer plan. This included a 55-foot parkway buffer along Donald Ross Road. The Applicant has been coordinating with SUA as part of the water and waste water, engineering and infrastructure design process for the PCD.. During the infrastructure design process, SUA has identified the need to include a 12-inch water transmission main along Donald Ross Road. The transmission line currently terminates at the Legends at the Gardens project directly east of the Alton PCD boundary. SUA requires that all of its transmission lines be located in an exclusive utility easement, on private property, and not within the Donald Ross Road ROW. This easement will be placed within the 55-foot parkway buffer along Donald Ross Road. To mitigate the potential impact to -the PCD buffer landscaping, the Applicant will be providing additional road shoulder landscaping along Donald Ross Road. The Applicant has revised the PCD plans to reflect the new easement and additional road shoulder landscaping. SUA has identified the need to include a new 12-inch water main transmission line along the north side of Donald Ross Road in order to connect to the existing water main line with no alternate location. The new 10 foot utility easement will only be located along the front of Parcel B - Biotech District and Parcel A - Scripps Campus District. The City Forester has reviewed the Applicant's proposed modifications to the PCD parkway buffer. Staff has required additional landscaping be provided along Donald Ross Road to help minimize the potential impact of locating landscaping within SUA's easement. The landscaping includes additional trees such as Live Oaks, Ligustrums, and Magnolias, with additional shrub plantings within the ROW. PCD Master Plan PCD Parcel Acreages The PCD parcel acreages listed within the Site Area Breakdown Section of the site data table on the PCD Master Plan are being updated as part of this PCD amendment. The parcel acreages will now include the various sizes of the Collector Road roadway landscape buffers, lake easements, and PCD buffers. Previously, the roadway landscape buffers, lake easements, and PCD buffers were itemized individually. To simplify the information provided within the site data table; these items are now included within the individual PCD parcel acreages. The total developable area within the PCD remains the same as with the original Master Plan approval; this includes the approved number of dwelling units and non- residential square footage. These changes are appropriate because these items are part in parcel of each Parcel District (i.e., Parcel A - Scripps Campus District, Parcel B - Biotech District, etc.) within the PCD. The acreage adjustments do not impact the total approved developable area, dwelling units, or non-residential square footage. Utility Site The Applicant is proposing to make two (2) updates to the Utility site that is located in the northeast corner of Parcel C - Town Center District which is anticipated to be a future FPL substation. The two (2) updates include adding an access driveway delineated on the PCD Master Plan by an arrow from Donald Ross Road to the Utility site, and to relocate the 25- foot-wide utility easement from the current location on the Utility site south into Parcel C - Meeting Date: April 3, 2014 Resolution 21, 2014 Page 8 of 11 Town Center District. The relocation of the utility easement will require minor re -configuration of the upland preserve located south of the Utility site and along the PCD's eastern boundary. The Applicant is adding that same amount of preserve area to the south of this preserve area to compensate for the adjustment of the utility easement, and there will be no net loss of total upland preserve area within the PCD. Open Space Tract and Minor Preserve Adjustments The Applicant is proposing to include four (4) additional open space tracts. The four (4) new tracts are approximately 0.41 acres and located along the north and south part of Grandiflora Road at the project's east entrance and along the east and west side of Alton Road at the Hood Road intersection. The new open space tracts will be utilized for PCD signage, hardscape features, and landscaping that identifies the PCD. The new open space tracts will require the PCD's east and south upland preserve areas to be slightly modified to account for the open space acreage. The Applicant is offsetting these upland preserve modifications by increasing the size of the PCD's other upland preserve areas. The City Forester has reviewed the Applicant's updated Environmental Assessment and has no adverse comments on the proposed changes and there is no net loss of total upland preserve acreage. Seacoast Utility Authority Well Sites During the initial review of the project's PCD approval, the SUA indicated an ultimate need for four (4) or five (5) deep wellfield sites that will be potential sources for connecting to the Floridian Aquifer to be located within the PCD. As such, a condition of approval (No. 4) was included in Resolution 1, 2010, which required the all deep -well field sites to be depicted on the PCD Master Plan prior to the approval of the first plat for the project. The Applicant has included the deep -well field sites on the revised PCD Master Plan. Three (3) sites are located within Parcel B - Biotech District and one (1) site is located within Parcel H - Neighborhood Commercial District. The deep -well field sites will be screened from public view by landscaping. Parcel C - Town Center District Parcel C - Lake Tract During the original approval of the PCD Master Plan, the lake locations illustrated on the plan were conceptual and primarily for illustrated purposes. As the design and engineering process for the PCD and Parcel C - Town Center District water, wastewater, and storm water infrastructure systems has moved forward, the Applicant is now able to identify the ultimate lake tract location for Parcel C - Town Center District. The lake tract is proposed to be approximately 22 acres in size, will provide drainage for the entire Parcel C - Town Center District, and will also serve as a recreational amenity. There will be an eight-(8) foot -wide multipurpose pathway around the lake and include designated observation areas. The multipurpose pathway will be lighted with pedestrian scale decorative light poles. Meeting Date: April 3, 2014 Resolution 21, 2014 Page 9 of 11 Parcel C — Town Center District Premier and Primary Streets Parcel C - Town Center District includes two (2) unique street types. These streets are identified as the "Premier" and "Primary" streets. The PCD's approved Design Guidelines contain standards for the design of these two (2) streets. The Premier Street is intended to be the "main street" for the retail area within Parcel C - Town Center District and its location was conceptually identified as being an east/west roadway connecting the north/south Collector Road (formerly named Parkside Drive and now renamed Alton Road) and Primary Street within Parcel C - Town Center District. As part of the overall infrastructure design of the proposed lake tract and the anticipated design of the non-residential portion for Parcel C - Town Center District, the Applicant is requesting to reverse the location of these two (2) streets. The Premier Street is proposed to be the north/south "main street" within the Parcel C - Town Center and the Primary Street will be the east/west connector street from Alton Road to the Premier Street. Both streets will remain as part of the Parcel C - Town Center District. Amendment to the Design Guidelines The Applicant is requesting an amendment to the approved PCD Design Guidelines to include on -street parking along Alton Road only on the roadway section south of Grandiflora Road. This corresponds with the revised cross sections for this portion of Alton Road. Alton Road is still required to be built to its ultimate right -of -width as a two-(2) lane road consistent with Condition of Approval Number 28 of Resolution 80, 2009. Staff has reviewed the Applicant's request to amend the PCD Design Guidelines to include on -street parking along this section of Alton Road and supports the Applicant's requested amendment. The portion of Alton Road to include on -street parking is bordered by Neighborhood Districts Parcels D, E, and F on the east and west sides. This area of the PCD is approved for residential development. The addition of the on -street parking will provide natural traffic calming and an enhanced streetscape within this residential area. The on -street parking spaces will meet the requirements of the City's Code, and the City Engineer has reviewed the Applicant's request and has no issues. Updates to Conditions of Approval Number 24 The Applicant is requesting to remove Condition of Approval (COA) Number 24 in Resolution 1, 2010. Condition of Approval No. 24 requires the Applicant to plat any infrastructure phase prior to the City issuing an infrastructure permit. The COA is presented below (the language to be deleted is s#FUsk): WY, 017MM ■• ■ • Meeting Date: April 3, 2014 Resolution 21, 2014 Page 10of11 The COA amendment will provide for consistency with the City's current Code requirements for plat approval and the provision for Technical Compliance Approvals (TCA). Section 78- 446 of the City's Code, provides for the use of Technical Compliance Approvals (TCA) to authorize the installation of specific limited and required infrastructure improvements in accordance with approved plans. Issuing a TCA does not allow building permits for vertical construction to be issued; its intent is to allow specific limited infrastructure improvements that are required by an approved site plan to begin while the Applicant is working to obtain approval of a plat. TCA letters contain specific timing provisions that are required by the Code which allow the City to issue a Stop Work Order should an Applicant fail to receive City Council approval of a plat with 180 days of receiving a TCA letter. Number 29 The Applicant is requesting to modify Condition of Approval (COA) Number 29 in Resolution 1, 2010. Condition of Approval No. 29 establishes the hierarchy frame work and process for the subdividing and platting of the PCD. As written, an entire District Parcel (i.e., A through H) would need to be designed and receive site plan approval prior to the particular District Parcel being developed. The Applicant is requesting to modify the COA to be consistent with the City's Code by allowing individual site plans to be approved and platted without having to plat the entire District Parcel. The following modifications are presented below (language to be added is underlined and language to be deleted is k): 29. A boundary plat shall be required for the east side of the PCD prior to any further subdivision of land on the east side of the project. A boundary plat, consisting of a description and survey of the property boundary, existing easements, additional Hood Road right-of-way, and utility easements adjacent to Hood Road shall be required for the west side of the PCD prior to any further subdivision of land on the west side of the project. Prior to construction on the west side of the PCD, a plat consistent with Section 78-446 shall be submitted and approved by the City. The plat shall include the preserve areas. A# sepaFately platted, and shall reqUiFe City GewnGil . Subsequent subdivisions of land within each of these aforementioned parcels shall be may in accordance with Section 78-592 of the City's LDRs (i— ..—-denfa' uses and non residential Pa, 'may; (Director of Engineering) Staff supports the Applicant's request and worked with the Applicant on the proposed language to the COA. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On August 22, 2013, the subject petition was reviewed by the DRC. At this time, all comments related to the project have been satisfied. Meeting Date: April 3, 2014 Resolution 21, 2014 Page 11 of 11 PLANNING, ZONING, AND APPEALS BOARD (PZAB) The PZAB reviewed the subject petition on February 11, 2014, and recommend approval to the City Council by a vote of 7 to 0. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 21, 2014 as presented. CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: ❑Planned Community Development (PCD) ❑Planned Unit Development (PUD) nAmendment to PCD, PUD or Site Plan ❑Conditional Use ❑Amendment to the Comprehensive Plan ❑Administrative Approval ❑Administrative Appeal ❑Annexation ❑Rezoning ❑Site Plan Review ❑Concurrency Certificate ❑Time Extension ❑Miscellaneous ❑ Other Date Submitted: January 10, 2oi4 Project Name: Alton PCD Amendment for utility access(fka Scripps Florida Phase II/Briger Tract PCD) Owner: Palm Beach County / KH Alton LLC, KG Donald Ross LLC / Parkside Retail Investments LLC / Heights Biotech Investments LLC / Grandiflora Multifamily Investments LLC Applica 44 Cocoanut Row, Palm Applicant's Address: Beach, FL 33480 TelephoneNo. Agent: Ken Tuma and Urban Design Kilday Studios Contact Person: Ken Tuma or Marty Minor E-Mail: ktuma(aD-udsonline.com Agent's Mailing Address:477 S. Rosemary Avenue, Suite 225, West Palm Beach, FL 33401 Agent's TelephoneNumber:(561) 366-1100 FOR OFFICE USE ONLY Petition Number: Date & Time Received: Fees Received Application $ Engineering $ Receipt Number: Arc hitect:N/A Engineer: N/A Planner: Urban Design Kilday Studios LandscapeArchitect: N/A Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. Between Donald Ross Road and Hood Road, East of the Turnpike and West of Cent General Location: p Address: Section: 26 and 35 Township: 41 South Range: 42 East Property Control Number(s): 5242129000001010, 52424126000001020, 5242412600001030, 52424126000007010,52424135000001020,52424135000003010 & 52424126000001040 approximately PCD (MXD) PCD (MXD) Acreage:682 acres Current Zoning: RequestedZoning: Flood Zone B Base Flood Elevation (BFE) -to be indicated on site plan Current Comprehensive Plan Land Use Designation: Mixed Use Existing Land Use: Vacant M Requested Land Use: Mixed Use Community Proposed Use(s) i.e. hotel, single family residence,etc.: Proposed Square Footageby Use: N/A Proposed NumberandType of Dwelling Unit(s) i.e. singlefamily, multifamily, etc. (if applicable): N/A `a Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations.} 1. Explain the nature of the request: This is a request to amend the Scripps Florida Phase II/Briger Tract DRI/PCD Master Plan to add an access arrow from Donald Ross Road to the Utility site at the northeast corner of the project. Additionally the applicant is proposing to relocate the proposed 25-foot wide utility easement from the Utility Site south into the Town Center parcel. As a result, the configuration of the upland preserve has been modified. The applicant is also proposing revisions to the approved roadway cross - sections. 2. What will be the impact of the proposed change on the surrounding area? The proposed change will not have an impact on the surrounding area as it is only adding an access arrow for the future location of an FPL substation. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. This is not a rezoning request. It is a request to make a minor revision to the Scripps Florida Phase II/Briger Tract DRI/PCD Master Plan. 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? There is an upland preserve on site that has been moved further south and west to accommodate the substation. This revision does not have an adverse impact on the preservation of the natural environment within this project. Please see attached analysis from EW Consultants. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? Not Applicable . ..6. Has project received concurrency certification? Yes, through the adoption of Resolution 80, 2009. Date Received:l Legal Descriptionof the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately miles) from the intersectionof on then north,[]_east,F—Isouthnwest side of (street/road). 4 Statement of Ownership and Designation of Authorized Agent Before me, the undersigned authority, personally appeared William Johnson who, being by me first duly sworn, on oath deposed and says: 1. That KH Alton LLC, KG Donald Ross LLC, Parkside Retail Investments LLC, Heights Biotech Investments LLC and Grandiflora Multifamily Investments LLC are the fee simple title owners of the property described in the attached Legal Description. 2. That they are requesting a Planned Community Development Amendment in the City of Palm Beach Gardens, Florida for the Briger Tract Master Plan and accompany documents.. 3. That they appointed Ken Tuma of Urban Design Kilday Studios to act as authorized agent on his/her behalf to accomplish the above project. Name of Owner: KH Alton LLC, KG Donald Ross LLC, Parkside Retail Investments LLC, Heights Biotech Investments LLC and Grandiflora Multifamily Investments LLC Signature of Owner William Johnson, Manager Name/Title 701 South Olive Avenue, Suite 104 561-682-9500 Telephone Number Fax Number wjohnson@kolter.com Street Address E-mail Address, West Palm Beach, FL 33401 City, State, Zip Code Sworn and subscribed before me this _ 7 day of ✓ Ajuoie,,l a oi� i My Commission expires: 00. G�� d Notary Public .QtPAY YVB��� JUDITH SCORDINO _ • ' ` Notary Public - State of Florida My Comm. Expires Aug 12, 2014 Commission !f EE 16910 Applicant's Certification I/We affirm and certify that Uwe understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, I/we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: _ Signatureof pplicant (— Owner Print Nam of Applicant Optionee zi 77 C . ,d 6diP StreetAddress (— Lessee — ........... _..... __ _ .___---_._._..-.__.e City, State,Zip Code �( Agent S-6 TelephoneNumber r Contract Purchaser 5'&� -3 6 6 Fax Number E-Mail Address 0 Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4243 Permit # Financial Responsibility Form The owner understands that all City -incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest -bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City's Planning and Zoning Department if the name and/or address of the responsible party changes at anytime during the application review process. J�7_/ y Owner signature Date :. L.1- KM ,.,r Owner printed name D SIGNEEIBILL TO: STATE OF f'L o / .yLg-, Property Control Number Designee Acceptance Signature NOTARY ACKNOWLEDGEMENT COUNTY OF PG I ryt. gjr.nr A I hereby certify that the foregoing instrument was acknowledged before me this l day of q c! v.gle. i/ , 200 by ($ c ,A,, Mhj 1iy1 . He or she is personally known „tQ.pw or has produced as i ed n ification. Notary public si ature �=oJUDITH SCORDINO �.� •. Notary Public - State of Florida V 'ram Co oo /� CD ?",, •o, My Comm. Expires Aug 12, 2014 Printed name Commission if EE 16910 State of 7-40.,V/04 at -large My Commission expires: /� • / 1 RESOLUTION 21, 2014 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO 6 THE ALTON PLANNED COMMUNITY DEVELOPMENT (PCD) 7 (F.K.A. SCRIPPS FLORIDA PHASE II/BRIGER TRACT PCD) TO 8 INCORPORATE MODIFICATIONS TO UTILITY EASEMENTS, 9 ROADWAY CROSS SECTIONS AND BUFFERS, LAKES, OPEN 10 SPACE, AND REVISIONS TO CONDITIONS OF APPROVAL, AS 11 MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 12 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; 13 AND FOR OTHER PURPOSES. 14 15 16 WHEREAS, the City Council, as the governing body of the City of Palm Beach 17 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 18 Statutes, and the City's Land Development Regulations, is authorized and empowered 19 to consider petitions related to zoning and land development orders; and 20 21 WHEREAS, the City Council adopted Ordinance 18, 2009, approving a text and 22 map amendment for the Scripps Phase II/Briger Tract Development of Regional Impact 23 (DRI); and 24 25 WHEREAS, the City Council adopted Ordinance 33, 2009, approving the zoning 26 regulations and design guidelines for the Briger Planned Community District (PCD); and 27 28 WHEREAS, the City Council adopted Resolution 80, 2009, approving a 681-acre 29 DRI for 2.6 million square feet of industrial/research and development/biotech, 1.2 30 million square feet of office, 300 hotel rooms, 500,000 square feet of commercial/retail 31 development, and 2,700 dwelling units; and 32 33 WHEREAS, on January 27, 2014, the City of Palm Beach Garden's Addressing 34 Committee approved a subdivision name change for the Scripps Florida Phase II/Briger 35 Tract PCD to be known as the Alton PCD; and 36 37 WHEREAS, the subject site is currently zoned Mixed Use (MXD) / PCD Overlay 38 and has a future land -use designation of Mixed Use (MXD); and 39 40 WHEREAS, the Planning and Zoning Department has reviewed the application, 41 has determined that it is sufficient and consistent with the City's Comprehensive Plan 42 and Land Development Regulations, and has recommended approval; and 43 44 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its 45 February 11, 2014, meeting and recommended approval of the subject petition (PCDA- 46 13-06-000019) by a vote of 7 to 0; and Page 1 of 5 Resolution 21.2014 1 WHEREAS, the City Council has considered the evidence and testimony 2 presented by the Applicant and other interested parties and the recommendations of the 3 various City of Palm Beach Gardens reviewing agencies and staff; and 4 5 WHEREAS, the City Council deems approval of this Resolution to be in the best 6 interest of the health, safety, and welfare of the residents and citizens of the City of 7 Palm Beach Gardens and the public at large. 8 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 11 OF PALM BEACH GARDENS, FLORIDA that: 12 13 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 14 15 SECTION 2. The application is hereby APPROVED for an amendment to Alton 16 PCD for modifications to utility easements, roadway cross section and buffers, lakes, 17 open space, design guidelines, and revisions to Conditions of Approval Numbers 11, 18 24, and 29 of Resolution 1, 2010 related to landscaping and the platting of real property 19 described as follows: 20 21 (See Exhibit "A" for Legal Description) 22 23 SECTION 3. Conditions of Approval Numbers 11, 24, and 29 of Resolution 1, 24 2010 shall be modified as follows: 25 26 Condition Number 11 shall be modified to reflect the following changes illustrated 27 in strike/ underline format: 28 29 11. The Applicant and its successors or assigns, including, potentially, the 30 Master Property Owners Association shall be responsible for installation of 31 landscaping and irrigation and all associated maintenance of same for the 32 Donald Ross Road right-of-way shoulder adjacent to their development, the 33 entire Grandiflora Road within the development, the north -south public road 34 within the site, and the Hood Road right-of-way northern road shoulder 35 adjacent to the site. Landscaping shall be installed prior to the issuance of 36 the first building permit for vertical construction for the adjacent parcel or as 37 amended by the specific site plan for the subject parcels. (City Forester) 38 39 Condition Number 24 shall be deleted: 40 41 24. PrieF te the ossuaRGe of the land alteFatien permit of any infFastFucAur-e phase 42 ef the PGD, the AppliGaRt shall plat said infra6tFUGtUre phase to iRGlude all 43 existing and proposed easements and like eRGWn;bFaRGes in aGGeFdanGe 44 with the LDRs feF Gity GeunGil appFeval. 45 46 Page 2 of 5 Resolution 21, 2014 1 Condition Number 29 shall be modified to reflect the following changes illustrated 2 in strike/ underline format: 3 4 29. A boundary plat shall be required for the east side of the PCD prior to any 5 further subdivision of land on the east side of the project. A boundary plat, 6 consisting of a description and survey of the property boundary, existing 7 easements, additional Hood Road right-of-way, and utility easements 8 adjacent to Hood Road shall be required for the west side of the PCD prior 9 to any further subdivision of land on the west side of the project. Prior to 10 construction on the west side of the PCD, a plat consistent with Section 78- 11 446 shall be submitted to and approved by the City. The plat shall include 12 the preserve areas. °1�l paFGels depicted E)R the Drn Master PlaR ri Darn thFo gh H) shall be se paFat aplatted, all re q �ire� Gity 13 , ,�,�els- �, �, ,--�T,-�„�„--��, ��„--r,n-ter 14 GeunGil approval. Subsequent subdivisions of land within each of these 15 aforementioned parcels shall be in 16 accordance with Section 78-592 of the City's LDRs (i.e. ROR Fesi eRtial „coo 17 . (Engineering) 18 19 SECTION 4. This approval is subject to the following conditions, which shall be 20 the responsibility of and binding upon the Applicant, its successors, or assigns. All 21 other conditions from Resolution 1, 2010 shall remain in full force and effect. 22 23 1. Prior to approval of any site plan for Parcel C, the Applicant shall provide a 24 streetscape plan and construction details for the proposed bridge lake 25 crossing. (Engineering, Planning and Zoning) 26 27 2. Prior to the issuance of any land alteration permit, the Applicant shall submit 28 an environmental survey of the subject area to be modified identifying 29 Gopher tortoises and other listed species for the area to be impacted. If the 30 environmental survey identifies any Gopher tortoises or other listed species, 31 the Applicant shall submit a relocation and management plan for City staff 32 approval. Any Gopher tortoises, or other listed species, shall be safely 33 relocated in accordance with all applicable government regulations. 34 (Planning and Zoning) 35 36 3. All site lighting is required to meet Section 78-182, Lighting Regulations of 37 the City's Land Development Regulations. 38 39 SECTION 5. This petition is approved subject to strict compliance with the 40 Exhibits listed below, which are attached hereto and made a part hereof as Exhibit "B". 41 42 1. Alton PCD Master Plan, prepared by Urban Design Kilday Studios, Inc., 43 dated January 27, 2014. 44 45 2. Alton PCD Alton Road Roadway Cross Sections, Sheets 1 through 5, 46 prepared by Urban Design Kilday Studios, Inc., dated March 17, 2014. Page 3 of 5 Resolution 21, 2014 3. Alton PCD Landscape Buffer "A" Plan, Sheet 2 of 18, prepared by Urban Design Kilday Studios, Inc., dated January 10, 2014. 4. Alton PCD Landscape Buffer "B1" Plan, Sheet 3 of 18, prepared by Urban Design Kilday Studios, Inc., dated January 10, 2014. 5. Alton PCD Landscape Buffer "H" Plan, Sheet 11 of 18, prepared by Urban Design Kilday Studios, Inc., dated November 15, 2013. SECTION 6. All representations made by the Applicant or the Applicant's agent at any public hearing regarding this application are specifically incorporated herein, and this approval is granted subject to same. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) Page 4 of 5 Resolution 21, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER 2014. CITY OF PALM BEACH GARDENS, FLORIDA AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 21 2014 Alton PCD Amedment (Briger).doc , Mayor M.!W Page 5 of 5 Resolution 21, 2014 LEGAL DESCRIPTION: THAT PORTION OF SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE SOUTH 01 °20'36" WEST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE SOUTH 01 °20'36" WEST ALONG SAID EAST LINE, A DISTANCE OF 2544.53 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 26; THENCE SOUTH 01°17'32" WEST ALONG SAID EAST LINE, A DISTANCE OF 2619.91 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00°48'03" WEST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE OF 1373.03 FEET TO THE NORTH RIGHT-OF-WAY LINE OF HOOD ROAD, AS DESCRIBED IN DEED BOOK 1146, PAGE 639, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88006'56" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 639.65 FEET TO THE EAST LINE OF THE LAND DESCRIBED AS PARCEL 280 B(2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 B(2), NORTH 01°53'04" EAST, A DISTANCE OF 70.00 FEET; THENCE NORTH 88°06'56" WEST, A DISTANCE OF 32.20 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE OF 52.96 FEET; THENCE NORTH 01 °53'04" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83032'30" WEST, A DISTANCE OF 140.45 FEET; THENCE SOUTH 01053'04" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83032'30" WEST, A DISTANCE OF 308.19 FEET; THENCE NORTH 88006'56" WEST, A DISTANCE OF 117.31 FEET; THENCE NORTH 00049'08" EAST, A DISTANCE OF 291.34 FEET; THENCE NORTH 89010'53" WEST, A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 280 B(2), BEING ALSO ON THE WEST LINE OF THE EAST 40.00 FEET OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE NORTH 00°49'08" EAST ALONG SAID WEST LINE, A DISTANCE OF 942.23 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE NORTH 89°24'49" WEST ALONG SAID NORTH LINE, A DISTANCE OF 658.23 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF (W 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE SOUTH 00049'41" WEST ALONG SAID WEST LINE, A DISTANCE OF 549.73 FEET TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN PARCEL 280 A(1) IN SAID ORDER OF TAKING RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE Resolution 21, 2014 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 A(1), NORTH 28000'09" WEST, A DISTANCE OF 626.06 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE CONTINUE NORTH 28°00'09" WEST ALONG SAID BOUNDARY, A DISTANCE OF 3541.88 FEET; THENCE NORTH 24°00'09" WEST ALONG SAID BOUNDARY, A DISTANCE OF 546.72 FEET TO THE BEGINNING OF A CURVE THEREIN, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5635.58 FEET; THENCE NORTHWESTERLY, A DISTANCE OF 544.09 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05031'54" TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID BOUNDARY, NORTH 18028'15" WEST, A DISTANCE OF 543.08 FEET; THENCE NORTH 14039'25" WEST, A DISTANCE OF 177.27 FEET; THENCE NORTH 11°29'21" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 63046'51" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH 89055'36" EAST, A DISTANCE OF 301.88 FEET; THENCE NORTH 87°37'27" EAST, A DISTANCE OF 296.35 FEET; THENCE NORTH 89°55'45" EAST, A DISTANCE OF 302.02 FEET, THENCE NORTH 00004'15" WEST, A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 280 B(3) IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 280 B(3), AS DESCRIBED IN OFFICIAL RECORD BOOK 4296, PAGE 1151, SAID LINE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF ADDITIONAL RIGHT-OF-WAY FOR DONALD ROSS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 21129, PAGE 118, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, NORTH 89055'45" EAST, A DISTANCE OF 1216.68 FEET; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 45°04'14" EAST, A DISTANCE OF 56.57 FEET; THENCE ALONG THE EAST LINE OF SAID ADDITIONAL RIGHT-OF-WAY, NORTH 00004'14" WEST, A DISTANCE OF 65.00 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE NORTH 89°55'46" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 2369.16 FEET TO THE POINT OF BEGINNING. CONTAINING 475.31 ACRES, MORE OR LESS. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 00036'37" EAST ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 4365.67 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS PARCEL 280 A(1) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY SOUTH 34023'37" EAST, A DISTANCE OF 112.80 FEET; THENCE SOUTH 33°14'52" EAST, A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11365.16 FEET; THENCE SOUTHEASTERLY, A DISTANCE OF 813.16 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04005'58" TO A POINT OF TANGENCY; THENCE SOUTH 29008'54" EAST, A DISTANCE OF 1199.30 FEET; THENCE SOUTH 28000'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 2426.49 FEET TO THE Resolution 21, 2014 SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE SOUTH 28°00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 1464.87 FEET; THENCE NORTH 89004'14" WEST ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN PARCEL 280 B(1) OF SAID ORDER OF TAKING, A DISTANCE OF 339.10 FEET; THENCE SOUTH 86°53'01" WEST ALONG SAID NORTH LINE, A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE NORTH 88006'56" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 518.05 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 35; THENCE NORTH 00°50'35" EAST ALONG SAID EAST LINE, A DISTANCE OF 628.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE NORTH 89°02'37" WEST, A DISTANCE OF 658.29 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE SOUTH 00050'56" WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), A DISTANCE OF 617.85 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE NORTH 88°06'56" WEST ALONG SAID NORTH LINE, A DISTANCE OF 392.92 FEET TO A POINT ON THE NORTH LINE OF THE FLORIDA'S TURNPIKE RIGHT-OF-WAY AS DESCRIBED IN MINUTES OF THE CIRCUIT COURT BOOK 70, PAGE 443, PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE FOR THE FOLLOWING FOUR [4] COURSES: NORTH 01 °53'04" EAST, A DISTANCE OF 10.00 FEET; NORTH 88°06'56" WEST, A DISTANCE OF 350.00 FEET; THENCE NORTH 83028'53" WEST, A DISTANCE OF 503.22 FEET; THENCE NORTH 89000'28" WEST, A DISTANCE OF 73.33 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE NORTH 00°51'38" EAST ALONG SAID WEST LINE, A DISTANCE OF 1204.18 FEET TO THE POINT OF BEGINNING. CONTAINING 206.38 ACRES, MORE OR LESS. Resolution 21, 2014 EXHIBIT "B" ° Sir \ "•,',.a•" 1; to SlYl Earl aUF. EuanaeWW xBt'ar Parcel B , Biotech District \ \ 1.0 Ma1a SF Y1d.9WRaofsb 12 KIM. SF Oda II I \ 300 RR ams /1PIe1 99.91 Ac I Ii 7 \ t� "$ II i zs• I.naern. aNa 1 \ {\ 1 = \ WNsb Eranae tsvx tar s tar MIt. w...n. tar Wn.HNar .'.. C w...rve Bb RC i5 Ac. Not Included zwv-m E�� e Abacoa FAU Campus Max Planck Scripps Florida DRI U cam Institute Phase 1 ta,a 11..•Mm la,s lie-MIO) � Latl tAM•sOm zan,o_99m reae_tam axae•M,m -Reoaeee lZ WY � /_ 96 arwE.a. II Oa ROW arROM•e�xla to muE ////--�-P���••mr I� aow � ooJov000•oo•�ooee ll ae.N Parcel I i li Scripps Campus District I I 1.6 Mien SF IMa1rb9R&D/BC19th 69.06 W Parcel C Town Center District 450.0D0 SF Reb1 19 b 15 WA. RH. FOR. RL 133.68 Aa m ROW _ Nr*,.. 415 Ubb e,Ar tas- ENR RDw �� = �`\mRow erne tar Mn Pm 1a uE 1•,A j' ' Row aNm 1, �1 1'IJ a SIW Evn1. rilll�', tro'RCW 'il ' mRow eNr M. ENemas l5a%10a i aUE III: 1a UE wa s9. m Ron e,ne. xs•ta..aN I � _ � __- ewla _ --- m 0.gV 11e'ROW mRDn BJW Parcel E r M . caeca . Neighborhood District Up b 15 DWA4 RH, rtM, RL 45.83 A. '- Meumum 674 Unit BUDe MP.c 6. Not Include g 10• COa ROW \V Essamn1130 X tar Westwood Gardens MF Residential WM UN-RL za�v-rw 1RMl ft Parcel D Neighborhood District Up to 5 MAIL RL 32-6SA0. M.-126 UWb tar MIt. wNa.s FYNerve a- zs•L t\ e�rt. 1•ee Parcel F Neighborhood District Up b 9 DU/A.. RM RL 29.60 Ac Mu .255 Unft 281 La,gecltN euex 51atp1aa e"e°' maowenea- tar Lan. P_ or ROW Hood Road Centre Once Benjamin School I lanetA.•RL sa+v-t>vo two i I I I Lake -"'San Michele �SF Residential IaM Uee-RL Zase-w1D lRLJ) Site Data Current Zoning PDA Proposed Zoning MXD/PCD Overlay Current Land Use MXD Proposed Land Use MXD Total Sits Area 681.69 Ac. Density RH - up to 15 DU/A.C. RM - up to 9 DU/A.C. RL -up to 5 DU/A.C. SectionRownship/Ri nge Da.35141142 Development Program West Parcel 206.38 Ac. Retail 50,000 sq.% Apartments 350 units Multifamily 600 units Single Fan* 250 units East Pan:al - 475.31 Ac. IndustriaURdD/Biotech 2,8W,000 sq.fL Dike 1,200,000 sq.tt. Hotel 300 rooms Retell 450.DD0 sq.fL Apartments 350 units Multifamily 8W units Single Family aye units Site Area Breakdown Parcels 562.26 Ac. Parcel A - Scripps Campus District 69.86 Ac. Parcel B - Biotech District 99.91 Ac. Parcel C - Town Center District 133.68 Ac. Parcel D -Neighborhood District 32.68 Ac- Parcel E - Neighborhood District 45.63 Ac. Panel F - Neighborhood District 29.60 Ac. Parcel G - Neighborhood District 140.90 Ac. Parcel H - Neighborhood Commercial Districl_5.00 Ac. Utility 5.00 Ac, Upland Preserve Area Required 95.33 Ac, Provided ondudw .71 Ac And oodogicepy sigN6cant site) 83.26 Ac. Onsite 83.26 Ac. Offsite 12.34 Ac. Total 95.60 Ac. Wetland Area (including buffers) 8.36 Ac. Lakes (included in parcels) 15.00 Ac, PODBuffers (included in parcels) 11.38 Ac.- ROW Buffers (induded in parcels) 12.40 Ac. Utility Easement (Adjacent to Hood Road Preserves) 0.59 Ac. Right of Ways 27.22 Ac, Total 681.69 Ac. Open Space Calculations Total Site Area 681.69 Ac. Required Open Space (20% Min. Required) 136.34 Ac. Provided Open Space 107.81 Ac.' (15.8%) Preserve Area 68.17 Ac. Upland Preserve 60.67 Ac. Wetland Area 7.50 Ac. Wetland Buffers 0.86 Ac. POD BuRers 11.38 Ac.** ROW Buffere 12.40 Ac. Lakes (including LME) 15.00 Ac. *Remaining 28.53 Ac. of Open Space to be provided Within the parcels. Open Space Tracts 0.1 through 0.4 are included in the PCD Buffers �-' ' - -e Ll s Rrnv I -E. (V V' H 1 0.28 Ac. Westwood Lakes \\V// TOTAL I 28.53 AC. I WuN.RL Z•nse-PUDiRM) Total Open Space Required 136.34 Ac. Total Open Space Provided excluding Parcels 107.81 Ac. * The Residential units approved for Parcels C, D, E and F (1,500 units) and Total Open Space Provided includingParcels 136.34 Ac. identified on the PCD Master Plan may be relocated at the discretion of the property owner from among Parcels C, D, E, and F as long as the maximum Notes densities below are not exceeded: t. Parcel C - RH: 15 du/ac Lakes shown are conceptual in configuration and are for drainage purposes. ii. Parcel D - RL: 5 dulac Additional lake locations, sizes, and configuration to be determined at the time iii. Parcel E - RH: 15 du/ac of Final Site Plan approval for each parcel. iv. Parcel F - RM: 9 dWac The relocation of residential units shall require the consent of both sending and a See Design Guidelines for additional regulations. receiving property owners and shall require the PCD Master Plan to be updated See Upland Preserve Mitigation Plan for upland area details. via Resolution. The updated PCD Master Plan will be on file with the City of Palm • Parcel acreages are not inclusive of Preserve or Wetland. Beach Gardens. Location Map _ +61 - - urban \,,,srrFI desig� a F kilda 3 STUDIOS Urban Planning & Design Landscape Architecture Communication Graphics The Lofts at city Place 477 S. Rosemary Ave., Suite 225 West Open Space Requir 20% Proposed'• 20% Commercial Maximum 30% Proposed 9% Employment Center Minimum 20% Maximum 60% Proposed 25% Residential Low Minlmum 2% Maximum 35% Proposed repose 11% Residential High Minimum 5% Maximum 35% Proposed 35% MXD Lot Coverage Commercial Maldmum 50% Proposed 50% Max Employment Center Maximum 70% Proposed 70% Max Residential Maximum 50% Proposed - 50% Max MXD Height Commercial Maximum-4 Floors Proposed 4 Floors Employment Center Maximum 150 Feel Proposed 150 Feet Residential Maximum-4 Floors Proposed 4 Floors Above allocations are based on the gross acreage of the project. 'Pursuant to pending Comprehensive Plan Amendment. "See Development Order Conditions of Approval. Pakn Beach, FL 33401 P 561-366-1100 F 561.366.1111 www.udkstudlos.com cwyftm All Id- OeH9a, amllannb, ax1 Pb. rvsN1N M eds trsNq reoa,tm 9y eta a. Plevab N6. ae.gna, ant 1Nre Id d. plq-ineN Mforthe9 N0.eped9sO PteMeL esA 0•d9ne. aPxpemmb pate NNI at a uad ey, a a.aa.a baty ettt.aaepmefon MO.uI a. enivat Pamlubn NNs tlw19nN. DN Dme: Ot O9 A9 1 Fto Ho.: t60»AOS .t egn•9 r Dtaen or. seMAA6 Sutmlml DMtl: Comments =za SCM PCO Rnubnit a.11.a wu PCD Resub I_ 1 O.a.a LMa PCD Reubnbal 11.14.0 1.e6 MDR ul nl 11] .a LIB MDRNubnifti OSOZ.10 HLC ReMHet. 01.11.11 SCM 3a,o•Nt Oza.13 WM FPL Re 1a . 10.02.13 - ROW Re W_ 1z19.13 SCM PCD Rnvbnitlel ReabmW1 Legend F_ .1 Wetland Upland Preserve/Restoration 0. -:; �- Archaeologically Significant Site/Upland Preserve ® Lakes O ® Multimodal Nodes PCD Buffers/Parkway ® ROW Buffers .p ! LL v� d t� a $ L C1 *.A dd N 8 CO c C YY G i0 A Li a NORTH 0 200' 400' 800' Scale: V = 400'-O" Sheet 1 of 1 Paul A Setback • 30 feet from Parkside ROW •L ComnMn I 1 Sidewalk ] ii 10' i i 30' Landscape Utility Buffer and Easement Pedestrian Easement Parcel A Setbacks • 30 feet from Parkside ROW SDd No force main north of the Town Center Lake i 26 t Line J 125' R.O.W. 6 Lane Roadway Section with Landscape Buffer (Alton Rd) 8. I 8' II'act�e �D.naaB T < Main I 11' 11. 11' 11' 11' IT Travel Lana Travel Lane Minimum Turn Lane Turn Lane Travel Lane Turn Lane 5' Bike Lane Landscape 5' Bike Lane 4 2' Type'P Curb Median CL 2' Type'F Curb 125' ROW Design for the mukimodal node shelter is conceptual in nature. The shelter design will be provided to the City for its review prior to construction. Parcel C Setbacks • 30 feet from Parkskle ROW Planting Sod — Min. 10' Tree D nanNater Setback I• I ' B m in Sidewalk 11' � Seacoast 30' Landscape I 10' Buffer and Utility Pedestrian Easement Easement ROW Une/Property Line 125' R.O.W. 6 Lane Roadway Section with Landscape Buffer & 4 Multimodal Node (Alton Rd.) Parcel C Setback • 30 feel from Parkside ROW Site Ke 1113 :w 0, Plant List N: FPL 8 8„ 'D' Curb Drainage water Min. 10' Tree I�L pia 10, • Sidewalk _ I _ _ I _ 'Curo I Man T Main Setback Utility No force main W W Easement i north of the 11' 11' 11' 11' 11' IT 3' t' 8 T 12' Multimodal 12' Town Center Travel Lane Travel Lane Turn Lane Turn Lane Travel Lane Tum Lane min. Sidewalk LakNode Minimum 17, I I r 1 e 5' Bike Lane Landscape 5' Bike Lane Seacoast Median 2'Type'FCurb 2'Type'FCurb t30' Landscape 30' Landscape 10' 1 1 Buffer and 125' Buffer and }— tility {- Pedestrian Easement Pedestrian Easement I EaUsement ROW Line/Property Line ROW Line/Property Line 125' R.O.W. b� 4 Lane Roadway Section with Landscape Buffer - 0-11-wl (Alton Rd.) Parcel A Setback _ _ • 30 feet from Parkside ROW 0 Paul C Setbacks • 30 feet from Parkside ROW r e laming r � Planting Sod I Sod FPL ramage _ "• fee I Min. 10'Tree Force 8 8iii^ water Min. iO'Tree "-"� I FPL common" Setback Mam I'D' Curb 'D' Cu I� ..in Setback ` I ��� 1 8' 1'. 11' _ 11' 11' 3' t' S Sidewalk I mm. Travel Lane Travel Lane Travel Lane 3- Turn Lane min I Sidewalk I r Maximum t t 11' 5' Bike Lane Landscape Median 5' Bike Lane — -Seacoast I I r t Seacoast LL 2' Type'F' Curb 2' Type'F' Curb. I I I I I I icr t 3U Landscape ;" 26' 1 30' Landscape I I t 10' 1 Utility Buffer and -- 125'R.O.W and Utility -I Easement Pedestrian Easement Pedestrian Brun Easeme t Easement ROW Line/Property Line) ROW Line/Property Line B,�Be.P.•.a•.sa•,slwe�B,.,a.a BBB ISK ly...unlp„1•.,,,a.l.�Bbv eaa KI.+rK wPeBB�.ene,"oo es�.a *a/san«.cave. +,mo,r B r um o. rye. oo.e•wy.•.raw.u.oK a r ao. mw u.B.,..+r•../aaan•n UeoK Bae ra+ air +sv CCBf e•Kw,oer/BrKn wrn a d.,, PK•i eBee..'v.ded,ra,apa arras. BBB n.., r+rd•,.,m•,•rB•1.1+.rd,/PYn BAB du, arr•r,Ir/Fl•iY BqL P.Yn a d,x.xtl Doer a oc BBB a..r•,BKK., c,...nu, uPd xla xoa orr—I—w A ,rK xa.B rlw.nar�w'ow..ldre,oB.�w.m ra,. as+ ,zK xoo IBB.].rrr,rl,.nrsew, aw ,rK xo:o a.B•.a„Brr.,B.BroarK• ]a rK. w xB.c +wrK.d,oww•/PK Bober.. ]W wK -1 i.•Po BWl+.bp•4hYlari,oF•n ]Bd arK a aww..Ka/Bwc•rBK. aB• arK +rep, arose TrwmB,dKBm,Bw,liWtl — ]M SK trap ar 0.0. veu,uno]wdhd,nml6wwtVr,n,n ]ql arK o. urban design kilday U D 10S Urban Planning & Design Landscape Architecture Communication Graphics The Lolls at City Place 4TT S. Rosemary Ave„ Suite 225 wet Palm Beach, FL 33401 P 551355-i100 F 561-MIS-1111 www.udkstudioe.com c•Pydant N idea. dBKan., am.+y.mAm , Kq 0— nPrwnreegBdadr•ai+p •1e,ad Or Pr•Pedr a Br dasgn«, and w.K txea.tln aK eatau.P/etueMBK apadaee I. Tlwe itlw. d.•q+,A artan(p,+enK pine aNa not IK used by. a dix]ea+d mewlmo.+'r �mK:wnma.�wcuwut wK: otoa w Pnyael Mo: ft—.Ba+ DAAWrABBr Dr•1B+ar use» ci—c or. Nwwr a,eB,m.IDBK•: c•BnKBK Ol]O.p l/1a MD attm L115 PCDRBwO•dIN Bo 11.15.011 LADK PDD eea 0 KO.1 10a 13 ECM MDRUBBnitl•1 12 10 ECM PCD Ruubmlaal Itil N aDM PCD n•.,,b„YOY .12a.1d BDM 51,611itKl bll..dma 0134E SN RewibmmN 00.11.td SCN au,OmaW • r. Design Is Conceptual - All site furnishings and plantings to be O approved by The City of PSG. • Pedestrian lights to be located at intersections and designated VW areas. Specific locations will be Identified on the civil aa� engineering plans. O W if) N C O ci tSi W $ N � L O O L. 01 co f� coW E a a Sheet 1 of 5 f Parcel A Setbacks 30 feet from Parkside ROW .. •L 1 1 1 1 1 Sidewalk l 1 1 1 1 l i 1a i 3a Landscape tUtility Buffer and Easement I Pedestrian Easement ROW Une/Properly, Line J N Parcel A Setbacks i . 30 feet from Parkside ROW 125' R.O.W. 5 Lane Roadway Section with bF Landscape Buffer ba" (Alton Rd.) Min. la Tree Force Crar6y S" SetbackMan �� yCD� 1' m IT 11' 11' 23' Travel Lana Travel Lane Tum Lane Maximum 1 •p 5' Bike Lane I Landscape Median Seacoast 2'Type'P Curb _ 25 125' R.O. W. — I Sod M7 Planting Parcel C Setbacks . 30 feet from Parkside ROW Site Key urban design 1 — -� kilday i STUD105 I \\ Urban Planning & Design Landscape Architecture Communication Graphics Main er Min. la Tree T a n Setback 1 11' IT 3• 1' I B' I 1 Travel Lane Travel Lane min Sidewalk 11' I i 1 1 5' Bike Lane Seacoast 2'Typs'P Curb 1 I 301Landscape I 1 I to 1 Buffer and tility, Pedestrian Easement Easement ROW Line/Property Line 125' R.O.W. 5 Lane Roadway Section with Landscape Buffer �bF (Alton Rd.) Planting Parcel C Setbacks . 30 feet from Parkside ROW FPL �,1 I t��- Drainage FPL l Min. 19 Tree Gravity S" S„ MNn VSeacoast ree Corn ... Force I a� 4D' Curb 'D' Curb •.. • I i $eroeck Main r. -Main 1 T T a k • n 1 1 B' t' s• 11' 11' T� 23, ill 1I1' Turn LaneIT S 1 Sidewalk I min. Travel Lane Travel Lane Travel Lane Travel Lane Sidewalk Maximum ifrequiredBike Lane Landscape Median5' Bike Lane Seacoast 2' Type'P Curb I 2' Type'P Curb 1i to i 3a Landscape r 26' l 30' Landscape 1a i 1 Utility i Buffer and b 125' R.O.W. Buffer and Utility Easement Pedestrian Easement � Pedestrian Easement Easement ROW Line/Property Line) ROW Line/Property Line 1 114' R.O.W. 4 Lane Roadway Section with D 4-= Landscape Buffer Setbacks toParcel - ) (G ra n d i f l o ra Rd.) _ Setbacks to Parcel C 10 footof setbackk from tract g `" ` . 10 foot setback from trap P ^e Column (2' wide, max height 42") Planting P Column (2' wide, max height 42") and low garden wall (max. height Planting and low garden wall 12") to be constnlcted with the (max. height 12') development of Parcel D. FPL Dommlon Force Drainage I g� water FPL Common Min. 10' Tree cwrity Main Min. 10' Tree Parcel D ® �•• nlaln Main yMain 1� .•• Parcel C Setback r I D' Curb 1 'D' Curb sewer Setback 3' 9' IT 11' 20' 11' _ IT Parallel _ s^ _ I S min Parallel Sidewalk l I Sidewalk I g Travel Lane Travel Lane Maximum Travel Lane Travel Lane Parking i Parkin Lane 5' Bike Lane Landscape 5' Bike Lane — Median 2' Type'F' Curb ( 2' Type'P Curb 1 1 1 10, 1 20' Landscape 1 I 20' Landscape I 10, I Utility Buller and 114' R.O.W. Buffer and Utility n Tract Pe Easement Pedestriadestrian Tract Easement' t 011\A/ Ol11al Plant List Plant list Igrnayo.B+r//eareeaMa Bas w M­DDB...ad.n, W,...DDP p W.ea 10 W BmrB,e,.P.wPB/pause vre a ea ..".,w.e..—an.,,B..�w.,,e,.,.cm.�, oa /�.a.D.«„sa,a./aadaP.nB. aw n P•ec 0sd..aseBParyar./a.ec.." ay eea«P..auaaa./eruar.wm aw P•n Flo.mEauP'OnanrK/OmnraMP.. aPl trn lr,u,le,b ra /ornrupu,a«/ P� mn JriM„MealBdae ar.n DPI M•ec a,san.p.ea.../vrsuesoua >Pi M n a•ec «apa.yB.ra/p.d.r.s aw r,p.u.awa../0,.nr.,u.Brro� aw The Lofts at City Pfau 477 S. Rosamary Ave, Suits 225 West Pak. Beach, FL 33601 P 561366-1100 F 561366-1III www.udkstudlos.com copyrigm Ap Idre, de , aragana,bl, aM puns NresenW by0tladradna.n—by a,d do property ads dslynr..nd awn umee wreneWs uwdme—sw project r 1,1- . deeiym, aragr«nu plan , W1 mtbe uem by. «du-.etl b a,Y PenOM1 IbP, «farp.rep.n aMNOrd do wi1Y, p«misebn-ea deelerrer. cox: D,.aB.D3 Ploy-xa: 6ea]p.a0s Dwipwd By. D.- Dr. usnn c1ucW By. 1INUM Sui,n, MD-ss: Corennu 01.00.M US MD e.11.09 Us MD ReeubP 11.14.0 LAS 11.16.00 "M ;,co RewbmlDM 10.02.13 SCM PCD R.eubmleY 1203.13 SCM PCD RewbPletl 01,10.14 WM KID R.WbmISM 012M4 SCM Submllw car Herlrns 0226.14 SCM Re 1b 1 0.17.1. SDM Rewb l _ LL . Design Is Conceptual -All site furnishings and plantings to be y approved by The City of PBG. V B Pedestrian lights to be located at intersections and designated areas. Specific locations will be identified on the civil engineering plans. O A�no El Sheet 2 of 5 Parcel B Setbacks • 30 feet from Parkside ROW I I 8' Sidewalk 10, Utility 20' Landscape Easement Buffer and Pedestrian Easement Property Line -. E Roadway Section 1 y.y Landscape : - Planting Planting --AV I Min. 19 Tree Force Gravity Setback Maln I Bain I �D' MainCu b �/ r I 11' 11' 201 Travel Lane Travel Lane Maldmum I 11• 5' Bike Lane Landscape Median Seacoast T Type'F Curb 1 y 100' R.O. W. - $" Drainage e 'D' Cuu MYII T'� Travel Lane Travel Lane 5' Bike lane 2' Type'F Curb Parcel C Setbacks • 10 That setback from tracts Column (max height 42") and garden wall (max height 12") ter Min. 1a Tree i:•° PaYeel C in Setback I• 1 I 1 1 1 n. Sidewalk 11' I Seacoast I 1 I 20'Landscape i 10' Buffer and �71 Utility t Pedestrian Trail I Easement Property Line 1001 R.O.W. 5 Lane Roadway Section with Landscape Buffer (Alton Rd.) a Parcel B Setbacks _D • 30 feet from Parkside ROWxv • _Planting Planting - 1 1 L �L common I Min, 10'Tree Gravity Setback $— 1 1 Main 1 1 8 I Mai Force 11 IT Sidewalk I Travel Lane Travel Lane 1 1 5' Bike Lane Seacoast y Ty, Curb 1a I 2a Landscape I Utility Buffer and Easement Pedestrian Easement Property Line J 8" 8" Drainage Curb'D' Cu 9' IT 11' 11' Minimum Turn Lane Travel Lane Travel Lane Landscape 5' Bike Lane Median 2' Type'P Curb 100' R.O.W. 36" HIGH METAL 42" HIGH MASONRY GATE COLUMN WITH STUCCO 48" HIGH FINISH HEDGE 46"HIGH 42" HIGH HEDGE MASONRY WALL—\ WITH STUCCO WALL LIGHT FINISH 567`8 12"HIGH CONCRETE CONCRETE LOW LOW W LOW WALL WITH WALL WITH STUCCO STUCCO FINISH FINISH HOUSE NUMBER TYPICAL SINGLE FAMILY HOUSE - FRONT WALL ELEVATION VV.nr Mln.laTree Mein Setback 1� 11' 1 Seacoast I I 2a landscape 1 1a I — Buffer and Utility Pedestrian Tract Easement Property Line Parcel C Setbacks • 10 foot setback from tracts Column (max height 42") and garden wall (max. height 121 42" HIGH MASONRY COLUMN WITH STUCCO FINISH 42" HIGH MASONRY WALL WITH STUCCO FINISH g 48"HIGH HEDGE rrL I• �:•" IPatcellC I 1 I 1 8 Sidewalk I 1 I 1 36" HIGH METAL GATE 48" HIGH HEDGE 42" HIGH MASONRY COLUMN WITH STUCC -� FINISH 5678 58801—HOUSE NUMBER I 5 EXPANSION , g JOINT 12" HIGH CONCRETE LOW WALL WITH STUCCO FINISH TYPICAL TOWNHOME FRONT WALL ELEVATION Site Key Plant List r�w..dl..ne,l./6••r•1biwap Bae 1zM 0•Ilel.nlrled•m/A•••r. mM.t aaB 10 Mg6e 1ma'DD—S—M. , B .ffie ay/. pun«.Mip4ima,.•aMn IA•OM Baa M.ME/COMMOMtw�E c— c.l t— B&e—C M.., aens.•.•d./Metier m//dF.•. a wn cuwa.E C.-NM..1E Doc LW.pwMele,aMYcl•Y l� xK xnn Cdxm Mq�.n/OYr.LIB 16 PI tart pCm cnoMn••rml'ol.m r/I•Ir/a.m el.�'cle..• ,6w xle xen DYabb•I•laa/R�IAr pal 1zM xen FennlneaP'G.•�WK/O�wI�M•M Flaw Spa 12M xnn M.n•Y fitter•/oMF1.l1•. 6p11 tfM xnn .Ymie.nntln•/Ar•ba�q• awl ••M xea MMrsd. «Pr•/P:•Mwyal� awl xM xen M.ow--slr+./M.ao F•n awl xM xaa BP.••e.lne/s•d fbe drs apt ffiM xnn 1pen.n,etln.n/Wr/F.laletlwpra py ffiM e. wm..nm.sra..a/Arwveuawa SO u n n amMp.Nl./wom. aor +zu e • Design Is Conceptual - Ali site furnishings and plantings to be approved by The City of PBG. • Pedestrian lights to be located at Intersections and designated areas. Specific locations will be identified on the civil engineering plans. urban design kilday S T U D IOS Urban Planning & Design Landscape Architecture Communication Graphics The Loft at City Mace 4T7 S. Rosemary Ave., Sults 225 West Palm Beach, FL 33401 P 561366-1100 F 561366.1111 www.ucikstudtos.corrl cop w All idea, deeiwn, wrale•n•11r. a/N ph- reprumlYObya d np•re o.wled by rb the popery or a.e d iynw,lmd •v cl•apm br a•• aM•i —a•.e ep•tlfiad Woj—Thane Neese, d.Wg-art•prnenh q— "I —M Mnm by, «dFcbxd b ar.y perwp, firm,. o Aron •1d,out a,e MrlbYn pmmlWon Drat deelw.r. Dare: PrOJwft: M—sr.. cb«k•d Br. p1-09.OB ssa .006 lA6eN Mawr S.-In l m— e«nmenb 01.34M L.As PCD 6.11." us PODR•wbm 11.14.0 LAS 11.16.N LARK POO Rmbmllbl 10.0110 BCM PCO R•wbmisAl 1106.13 6CM PCO Rewbmi" 01.10.14 6CM PCD Rewbmlw O O T _C V U) aO 0 H � a. O O mom; cl O =' a aQj Sheet 3 of 5 Parcel A Setback gb, 30 feet from Parade ROW Root Barrier FPL Min. 10'Trce Fane 8" r I� •« I Setba � M Curb 'D' Curb I � �M anew 1 t 8 Ssacoast 1 11' 11' N' I Sidewalk ea oa T Travel Lem Tr" L Landscape Turn Lane Turn Lane Tum Lane Travel Lane Turn Lane 1 1 I I 5' Bike Lane Median � 5' Mike Lane r 2' Type'F Curb 2' Type IF Curb i 10' 20' Landscape - r Utility Butter and 106'ROW Easement Pedestrian Easement 1061 R . O . W . ROW Line/Property Line J 7 Lane Roadway Section with Landscape Buffer I G Parcel B Setbacks b • 30 feet from Heights ROW s Planting Planting Planting Mao, Parcel C Setbacks • 30 feet from Parkside ROW Min. 10' Tr Setback IFPL c•n•„pn •« I I ; 10' 8, Seacoast Sidewalk Esmt 1 1 20' Landscape l(r 1 Buffer and Utility Pedestrian Easement Easement 1OW Una/Property Une Parcel A Setbacks • 30 feel from Heights ROW FPL cammpr, Man Gravity- D_'Curb i 8" M nab Min 10'Tree FPL co r ••e i Min. 10' Tree I B� W 'D' Curb /� /� Water • •ia Setback _VI/_Main }— I i Main Setback I i Sidewalk 1' 3' 11' 11' 11' 11' 3' 1' Sidewalk i In Travel Lane Travel Lane Maximum Travel Lane Travel Lane min. 5' Bike Lane Landscape Median 5' Bike Lane I � UtiI 10, I 4 t Utility 2'Type'F'Curb 2'Typs'P Curb lo' Seacoast 2a Landscape Buser Easement1Easement 20 Landscape Buffer �10' Seacoat80' R.O.W. Esmt. end Pedestdan Easement 8 O R " O " W " and Pedestrian Easement Esmt. ROW Une/Property Une t ROW Une/Property Una 4 Lane Roadway Section with Landscape Easements 801 R.O.W. commwn Gravity ••• Min. 10' Tree Force 'D' Cu di D' Curb Main yyatBr Min. 10' Tree j Setback Main I Mar Setback I Sidewalk t' g 11 11 11. 11' 11' 3' 1 r mi^ Travel Lane Travel Lan Lane Mln mum Travel.lana - Travel Lane mi^ -t 5' Bike Lane Landscape Median 5' Bike Lane W' Utility r 2' Type'F' Curb I 2' Type'F' Curb Easement 2a Landscape Buffer 410' Seacoast r 80' R.O.W. and Pedestrian Easemem Esmt. with ROW Line/property Line t 1 1 Sidewalk 1 r 1a Utility 1 10' Ssaccast� Easement Fes. 2a Landscape Buff_ 1 and Pedestrian Easement -ROW Line/Property Line Site Key Plant List urban design kilday S T U OS Urban Planning S Design Landscape Architecture Communication Graphics The Lofts at City Place 1Ty S. Rosemary Ave., Suite 225 West Pakn Beach, FL 33401 P 561-366-1100 F 661366-1111 www.udkstudlos.com C•pyriaM All Ms., deMpm, afa,Bene,b, nd p1.0. r.a..nl.d M B,f. tr.,.eq,wo..ra Br .m er a•v.+b oe B.e a.q,w, a,M 3nr. a abd Br.3a,.beu.e•I,reapeda.d a•i.ck TnTh e« ae, d..q,w..,,.rwr•nb pna wr •o30e •.,tl ry, w arae.ed 1..•r P....•. hm, w cwp.r•a•B wldwut er wrwn p.m,b.ioB aa» d..g0.0. PLANT UST o..4rd Or. pwn er: uSMa cn.c3.a er Mawr Bm,w�ci w•F,co,A,w1 w,.F 3¢B c.,.wmw..,...ww,3B. aB.o-•.. eaB ,: ra a„emimlo.r.: Cw.mnb kb.+•.1re••m,+.o.•�p,nr • .w+pK mao.a kw5 no 9.11.0 IAS no R.. &.n n.1aa us M.aa. w••oo e•w•,d n.lsw.•. r.rw. 1 e .are. a-!!!M Lust peo R.wbBiBM IMM13 SCM no R.wbnl#W 1206.15 8CM PGD R..•bmlaal Ou.,w,upnl..law.wnlM Ort 01.10.1t S.M 9R.wbMStl B•B awl a... BOi3wCNau.E/COM30N aM,E I MM 01.•/ La. /t� yy L 0 V N Bq � 0 •L. U O 2 �cl 7� Q .� By0 ♦ ♦ � � V L > fi ar,.,.a.,•ar,e.,.,...r, e•a w., w••r d.ar.. v.ep.r,•rdadOswr, eae d.. pro.•,wm.r,s+B••+urw„ eae ae. pN�wO•^..MO.^.1^M.^Oa 3i�w B&B 15'drrw.0 eo,.br.YrlFrne. aw+.+. Ba8 w• Q OO earwr•.,a..•I.+or 39. xM W_ tbg. ]rM 3rea a w •aw...'b.. s w'I'p. new•'Oru 6y 3rK 3reu aYIW b�.w/n.,uB 93d ,TH b'ee R...+•.v..'ow., M.v,e••,wwr... awl ,lM No.e 391 ,rM w xa. ...w••d..••.•/pr. M.Msm 30+ 3.'K N'oa ryr.rprl.vr,MrlrF•n awl b'b M•e. d,ar.YNi/3N cvd Bw. 3W arM Xwe r,w.weB.M.w.,anra,+dw ae Vrn.....•.......,Bw„V•u,.m a,r w,•.,kewr awi 3a 31+ err NM ,:M e. e 3o•ee • Design Is Conceptual - All site furnishings and plantings to be approved by The City of PBG. • Pedestrian lights to be located at intersections and designated areas. Specific locations will be Identified on the civil engineering plans. tC W m ♦1IE E yDi RONNIE Q a. N a. Sheet 4 of 5 Additional Turn Lanes Setbacks to Parce • 10 foot setba Column (max tteit and garden wall (i FPL ( Mh 1a Tres lMelrl Ssv j B, I g• Manyyaterl Min. 10'Tree a 11• Main Ib D' Curb I 'D' Cufb� Main \1' Setback Utility i�f Easement S• 37 9 Sidewalk Landscape Parallel 2a 71Parallel I 1 Area Parking 11Maximum Travel Lane Panting 1 ' Lane Travel/Turn Lane LandscapeLane 5' Bike Lane 5' Bike Lane Median I 1 1 2' Type'F Curb 2' Type'F Curb I 1 1 30' Landscape Buffer and Pedestrian Tract 100' R.O.W. L Property Line ROW Line 2 Lane Divided Roadway Section with Landscape Easements 100' R.O.W. (Alton Road) `4t,Ar Setbacks to Parcels E 3 F • 10 fool setback from tracts Column (max height 42') and garden wall (max. height L cena„m Iaa— Utility 32' B' Easement LandscapeSidewalk Area 1 1 30P Landscape Buffer and Pedestrian Trail I 1 I I t ROW Line Property Line Ts€: ht 12-) Setback to Parcel D 10 foot setback from tracts Coumn (max height 42 Planting and garden wall (max. height 12') .rD rrr • I I 1aTree Force 0reviry B, B" 01 Ma l 1(YTree lRip 8' Setback Main Sewer �D' Curb 'Curb 1' —Setback � Easement � in Sidewalk/e— Utilities r i I Parallelerking ravel/Tum Lane Turn Lane 9. Travel Lane Parallel Perking I Minimum Parking 37 Lane L 5' Bike Lane I Landscape 5' Bike Lane Lane Landscape Median f—i Area 2' Typs'P Curb 2' Type'P Curb 3a Landscape/Utility,and Pedestrian Trail 100' R.O.W. Properly Line J ROW Una Additional Turn Lanes 100' R.O.W. (Alton Road) FPL --n • 1aea. S' Utility Sidewalk Easement 37 1 I I I Landscape 1 1 Area t-39 Landscape/Utility and Pedestrian Tract ROW Line Property Line Site Key Plant List urban design kilday �o Urban Planning S Design Landscape Architecture Communication Graphics The Lolls at City Place 4Tl 8. Rosemary Am., Suite 225 West Palen Beach. FL 33401 P 561J55-1100 F 561a66-1111 www.udkstudlos.com Copyft. Y Id— dtl ..rane..Krb. nq pl . rmre..l.a by Oft sa.t3q aK o.,.a M ar.a aK Pr.«.V.t ft d"n...rM a.. «o.m e-M r •areb4 waK.P.aa.a Pr tTiros ean, de... -a — Pm b «ant alKll rot a us•a by, «a.cba.0 b aq P..«t firm. «NrP.raf.n MUm.I N..Mam permb.b. au. avlvKr. PmM aa: 98030.005 Dmm ey: usea4 cn.x.e or. raawr 3otamrx r,aaE,coKaoa r,a3e cafl, ave l.u.umlrw.bm,.wo... PA. Bae Kw tOK 01"M LAS no ..11i0e us no a.su nw 11.14.00 uS M.Pab.i.wb.'DO earc 1t3„s..rrn K.P.b ,.m3., Mn a .3va Sp. 11.16.0e uwc POD SSwM i0al 1 a0213 SCM PODfb.ub Ica 120a.13 SO" PCDRa..bn13.1 01.10.14 SCM PCDWaub.leal a«w.wgam.rmwnm u.. ar Bae a ar.0 0 = r �/� •.•—V�. ya F L O O U` /► q cu ♦ ♦ � V3. emn..m..�rrem.3 P., eaa wP Pbmk Cs9,r.uMMP.1',Mr4 d0.Y PYn 936 A'W.rxom PK.W naa.b,II..p•Orb P.K sae a.. a CW eD� p..Pwr.,a,.Mrar a.a xK xoa ce.m.�m+«'o...em.ro.m DY.b Wi.bl A.,3Y 9p1 12'K xaa rrP•.:.....o�..lrulo�.PlrMrK. 3aa 1zK . rw.b..O.. IwrnF.K.n ay 1fK x.a a.,....,,.b.,as,r,,,. a•a �K xoa tlH,.,W K.e.•/PIe MNyb� 'So xK xaa rra..aP.,.rr.,r•aPP.m 3a xK . .aM1. b1.3/s.�ac«. Dr.. aa• -K 1�..amlbwmm,o...P,bKu..u.. V.enunrlwlKNun/Bad Vbm.n a.• Spa -K ]1K xaa b•aa r. d AV 0 • Design Is Conceptual - All site furnishings and plantings to be approved by The City of PBG. O m € • Pedestrian lights to be located at intersections and designated areas. Specific locations will be identified on the civil AW E engineering plans. � 0 Q aa� Sheet 5 of 5 SITE KEY EXISTING POWER POLE (230 KV) NOTE: FPL TREE TRUNK OFFSET BE rrCANOPY OF TREE OR PALM. EASEMENT ONLY REOUIRED WEST OF PARKSIDE DRIVE P LIVE •• MEDIANMEANDERING IZ EXISTING PLANTING pf'WAX MYRTLE EXISTING SIDEWALK TO BE REMOVED w 4. 7 4` r rNATIVE SHRUBS & GROUND COVER ..V tauCURB AND GUTTER V`,' "'.rMI �:� _ .+.♦ VARIES VARIES ■ t D0 D'• '•'• •� �. PROPERTYEASEMENT 55, SECTION A -A' (FACING EAST) scaw. • EDGE OF PAVEMENT PROPOSED 1 O'SUA EASEMENT ONLY REQUIRED WEST OF PARKSIDE DRIVE. s ■ -• psi°�o-4nj."ir 7 ii. /�x��:i.°-�.�� rf.��ar+ a�������y�f a000aaooa�.�°tit:cft`r. 1�►y,� jtr,�3!`�k. a�oeaafl�. ,tom � . �:Y11� s•:'lL�►•r,,,,�►ar1/�'r :t y '' V �� a��°a% oi°docc;a�`'�e�.� • ■ .LPKc 11� >rt3W.0 = ,�� • ■ y6t11!/a�$'� ik rr 'iTE .o�:._ ,,il r.,�..1.�...ey . �111/bvana�Q�o\\far�irl'lx!.!'�,�� C F a ._�'#f 1XP • :i•!e.- " r vo, 4 . vs,' r aon. oro, qc 'Y`'xst.r �'.>�a� r.. s, ooeb, $ap . �x•.rf �:;,v- i oo; o4b 0 �"4' ''�. 1•rn �•.. ���,,: r_o0.�4'tioo y ,,s a__, i��� .:�Ccx,?wee„„ �d��Ow.''o,:,1ig / r9• A� r• •O •,. x 0 'y• �.ri,' ir.;-�:Rtfai 6,a_ � e99 ice _.• �1%� •:6.i.eo'e..;:.F S ob`�ne feo.::.`"11L-If..tr' f1 :" L r L E.'�l».n. ✓:_-�'o�Qoee 4.a_q d::'ra1J _ �_ /3d.I' _. w�..e•uSa"0 a —SPA 2 D LANDSCAPE PLAN VON �����f������:�ti`.Ti,.i.1 ji<�i�'S►.�..a����;�a• e�1tE11>'!:x.+�El'�y:":!#Fr BENCH EVERY 800'.OF PARKWAY • • O PARCEUBUILDING NOTE: SEATINGAREA MAY BE ■■ ■ IN PARKWAY PER'ADJACENT BUILDINGDESIGN SABAL PALM TREE LIGUSTRUM LIVE OAK WAX MYRTLE 1 1 S Mtn EXISTING POWER POLE (TYP.)� ra v PROPOSE^ of ArarrnI� sral•: 1 •20.0' \_1_1/ 0 20 w PRESERVE EXISTING PINE AND NATIVE UNDERSTORY WHERE POSSIBLE NATIVE SHRUBS AND GRASSES THESE PLANS ARE CONCEPTUAL; ALL PLANTING LOCATIONS SHALL BE FIELD DETERMINED BASED ON EXISTING CONDITIONS. PLANT LEGEND TREES Symbol Code Scientific Name Common Name Size AR Acenubrum Red Maple 12'-16' 0 SP Sabal palmetto Cabbage Palm 10-20' c.t. t,,,it MC Mydw cerifera Wax Myrtle 6' 1<5 QL Quercus lauriflolia Laurel Oak 17- 18' QV Quercus virginiana Southern Live Oak 17 - 18' S • 7 PE Pinuselliottii'densa' SouthFlorida 17-16' Slash Pine IC Ilex cassine Dahoon Holly 12' SHRUBS Symbol Code Scientific Name Common Name Size MIX1 Callicarpa americana Beautyberry 3 gal. Chrysobalanus iceco Red Tip Cocoplum 3 gal. .---------------_-. Hamilia patens — Firebush -- 3 gal. Psychotoria nervosa Wild Coffee 3 gal. © MIX2 Erythrina herbacea Cherokee Bean 3 gal. Myrsine gulanensis Myrsine 3 gal. Psychotoria nervosa Wild Coffee 3 gal. Nephrolepis exaltata Sword Fern 3 gal. Tripsacum dactyloides Fakahatchee Grass 3 gal. O MIX3 Nephrolepis exaltata Sword Fem 3 gal. Nephrolepis biserrata Giant Sword Fern gal. Serena repens Saw Palmetto 7 gal. Ilex glabra Gallberry 3 gal. Ascieplas curasscivica Milkweed 3 gal. tachytarpheta jamaicensis Porterweed 3 gal. urban design kilday U D 10 Urban Planning & Design Landscape Architecture Communication Graphics The Lofts at City Plan 4T7 S. Rosemary Ave., Suit• 22S West Palm Bach, FL 3U01 P S61366-1100 F 561366-1111 www.udkstudios.com C.Pyrig. rep•••nbtl 0Y Mb traW np w ov,•a M arM tlr Pr•PwrY Draw argnr,.na •v wJ. xwa»1dx d.o wab.p.ae.a l "I Id uwby rrrrganaib pl.••.IiJI rot M uttl by, a d•x1••M m+nY Pw•n. arm. a mrppr•a•n witlaux m..Nun Pamb.wn aa,. a..q.r. P.J. eeoa.oro o.b•wa ay. 0—are xwsaea er,.d.aey: rvarr s•e.arrr or: eomrrwro N"M us PGa 1:1 rwrxF. PCD 111.2 nxzv ■cM roo Amnraer' 01.1014 SCM Px.9Amw,am.nr V �0 a L.L�� YI U C a O m_; }� E 0: Q E L) LANDSCAPE E L E VAT I O N (FACING SOUTH) Su,•: 1-- 20•4- SPA1 Spartina bakeh Sand Cord Grass 1 gal. Ss h e et 2 a�� O SPA2 Spartina baker! Sand Cord Grass b.r. of 18 Note: All proposed planting symbols represent 5 years' growth. SEE LITTORAL - PLANTING PLAN VARIES 20' WAX MYRTLE SABAL PALM LIVE OAK F' w2�� y � , NATIVE SHRUBS �'- AND GRASSES I I OPTIONAL PATH 8' 20' — it it LAKE LITTORAL SHELF SLOPE SECTION B1-Bl ' (FACING NORTH 25' r \""NG POWER POLE 138 KV NOTE: FPL TREE TRUNK OFFSET TO BE 13'-2' +j MATURE CANOPY OF TREE OR PALM. 25' PROPERTY LINE EXISTING BERM VARIES el L.M.E. LANDSCAPE BUFFER n U.E. AND D.E. n THE LEGENDS OR SAN MICHELE LAKE SEE LITTORAL PLANTING PLAN B 1' ate La SITE KEY F► NOTE: THESE PLANS ARE CONCEPTUAL; ALL PLANTING LOCATIONS SHALL BE FIELD DETERMINED BASED ON EXISTING CONDITIONS. PLANT LEGEND TREES Symbol Code Scientific Name Common Name Size 0 AR Acerrubrum Red Maple 12'-18, 0 SP Sabal palmetto Cabbage Palm 0-20' c. t f' t ifsi MC Mydca cerifera Wax Myrtle 8' QL Quercus lauriflolia Laurel Oak 12' -18, qy QV Querces vkginiana Southern Live Oak 17 -18' .y7 Z PE Pinus elliotfii'densa' SouthFlodda 17-18' Slash Pine IC Ilex cassine Dahoon Holly 12' SHRUBS Symbol Code Scientific Name Common Name Size © MIXt Calicarya amedcena Beautyberry 3 gal. Chrysobalanus icaco Red Tip Cocoplum 3 gal. _ Hartfilie paters Firebush 3gel. Psychotoda nervosa Wild Coffee 3 gal. © MIX2 Erythdna herbacea Cherokee Bean 3 gal. Myrsine guianensis Myrsine 3 gal. Psychotoda nervosa Wikl Coffee 3 gal. Nephrolepis exaltata Sword Fern 3 gal. Tdpsecum dactyloides Fakehatchee Grass 3 gal. )� MIX3 Nephrolepis exa0ate Sword Fern 3 gal. Nephrolepis biserrata Giant Sword Fern 3 gal. Serena rapers Saw Palmetto 7 gal. Ilex glabra Gallberry, 3 gal. Ascieplas curasscivica Milkweed 3gal. IStachytarpheta jamaicensis Porterweed 3 gal. urban design kilday STUDIOS Urban Planning & Design Landscape Architecture Communication Graphics The Lags at City Place 477 3' Rosem ary Aw., Suite 225 West Palm Beach, FL 33401 P 661J86-1100 F 561-366-1111 www.udkstudlos.com Cop m AM M. Mien, mmaam * sM pr.n. npre W by W. &a W.—by .M en proprly or tlM Mignw, v rn.re cre.ktl M tln eaWaive use of tln aptJBtl po}ot TMY Mr., Mlpm, .nmpemenb «pm.nri rot be u.atl by, «mscbssd e+r'r p.non, non, «oory«.xon wimwt sm..irr., pmmi..be ame aeimmr. no,.nxo.: yam D-,D.w BY• Dn—By: LASnM eb.ek.a By: NRM BubaIWID.Y: Commuas 01MM u,e PCD mabas IABK PCD 11.1eae uxw POD a .p m !� W U 4 C a, " � ci d O mJ` E Q I Q L aa� LANDSCAPE ELEVATION FACING WEST O SPA1 Spadina baked Sand Cord Gress , gal. Sheet 3 ( \ SPA2 SpeNne baked Sand Cord Gress b.1 18 KIM— All nrnn—A nlnntinn cumhnte mn—ant r v—' n—Ah LIVE OAK N2 sv v SOD H 1-95 LANDSCAPE BUFFER SABAL PALM WAX MYRTLE NATIVE SHRUBS AND GROUNDCOVER SOD H' SECTION H—H'�,a..+. LANDSCAPE PLAN asaac I-20'a' 0 + 1. 40• SITE KEY es NOTE: THESE PLANS ARE CONCEPTUAL: ALL PLANTING LOCATIONS SHALL BE FIELD DETERMINED BASED ON EXISTING CONDITIONS. PLANT LEGEND TREES Symbol Code Scientific Name Common Name Size AR Acerrubrum Red Maple 12'-16' 0 SP Sabal palmetto Cabbage Palm 0-20' c.t. i ,ASS MC Myrica cerifera Wax Myrtle 6' QL Quercus laurifiolia Laurel Oak 12' -18' Qv Quercus virginiana Southern Live Oak 12' -18' Z. 1 PE Pinus elliottii'densa' SouthRorida 12' - 16' Slash Pine IC Ilex cassine Dahoon Holly 12' SHRUBS Symbol Code Scientific Name Common Name Size O MIX1 Callicarpo americana Beautyberry 3 gal. Chrysobalanus icaco Red Tip Cocoplum 3 gal. Hamilia patens Firebush 3 gal. Psychotoria nervosa Wild Coffee 3 gal. © MIX2 Erythrina herbacea Cherokee Bean 3 gal. Myrsine guianensis Myrsine 3 gal. Psychotoria nervosa Wild Coffee 3 gal. Nephrolepis exaltata Sword Fem 3 gal. Tripsacum dactyloides Fakahatchee Grass 3 gal. O MIX3 Nephrolepis exatata Sword Fern 3 gal. Nephrolepis biserreta Giant Sword Fern3 gal. Serenoa repens Saw Palmetto 7 gal. Ilex glabra Gallberry 3 gal. Ascieplas curasscivica Milkweed 3 gal. tac"arpheta jamaicensis Porterweed 3 gal. Urban Planning & Design Landscape Architecture Communication Graphics The Lofts at City Place 477 S. Rosemary Ave., Suite 225 West Palm Beach, FL 33401 P 561366-1100 F 56136e-1111 www.udkstudias.com coq+leM NI Id— d.Ig-sraig-1,a P— rpr...n4d by Yi. &ramp «e«.n.d by pov.rly a a. a..q.«, ..d ...A. a..,�wm....ors».p.ds.d n �.r.n ... d.. p , a rape pau.Wa ears. u..d M.,«a.ca..d bMP«..M1 a-ftd+..Mdroul e. v.1un P«nwwn .a a 1n. a..qe«. w 00 D..Wa Sr. Oren ar o-Wd ay: eaaso.ops usdaa MVWr smedar olo: eon.wx. mxa us PCD L" uaex PCD 11.1L13 W1W PCDaewnd— Q= LL L N C � Q m V L Z V t,1 � O m J E o Q as LANDSCAPE ELEVATION 40' SPA1 Spartina baked Sand Cord Grass 1 gal. SPA2 Spartina baked Sand Cord Grass I b.r. Note: All proposed planting symbols represent 5 years' growth. Sheet 11 of 18 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 3, 2014 - Resolution 22, 2014 Subject/Agenda Item: Franklin Academy Planned Unit Development — Art in Public Places (AIPP) Public Hearing and Consideration for Approval: A request to approve the AIPP requirement for Franklin Academy Planned Unit Development (PUD), located on the north side of Hood Road approximately one -quarter (1/4) mile east of the intersection of Hood Road and the Florida Turnpike. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: Council Action: Direct r of Planning & Planning & Zoning: Accountant [ ] Approved Zoni Project Manager ,�-�- [ ] Approved w/ i k Conditions I;p,— Tamashbeen Tresha Thomas [ ] Denied [ ]Continued to: Na al . Crowley, AICP Rahman, Planner Fees Paid: Yes [ ]Quasi —Judicial Development Compliance Funding Source: s4t) Legislative [ ] Public Hearing [ ] Operating Bahareh Wolfs, AICP [X] Other N/A Advertised: Attachments: City Att e [ ]Required Budget Acct.#: • Development Application [X] Not Required N/A • Location Map Contract/Agreement: Effective Date: • Site Plan Ma man, Esq. NIA •Cost Estimate • Artist Resume" Ap oved By: City Manager g Expiration Date: Art Rendering Affected parties: N/A equired • Landscape Plan [ ] Notified . Resolution 22, 2014 Ronald kf Fe is Meeting Date: April 3, 2014 Resolution 22, 2014 Page 2 of 4 EXECUTIVE SUMMARY A request by Florida Charter Foundation, Inc., owner of the Franklin Academy, for approval of a bronze sculpture of Benjamin Franklin, which will fulfill the AIPP requirement for the school. Staff supports the Applicant's request. BACKGROUND The Franklin Academy is located on the north side of Hood Road approximately one - quarter (1/4) mile east of the intersection of Hood Road and the Florida Turnpike, and encompasses approximately 9.5 acres. In 2002, the City Council approved the Batt School PUD by Ordinance 16, 2002. The approval included a rezoning from Planned Development Area (PDA) to a PUD Overlay with an underlying zoning designation of Public / Institutional (P/1) and a 50,203-square- foot private school (K-12) with 330 students. In 2013, the City Council approved the Franklin Academy PUD by Ordinance 7, 2013 and Resolution 28, 2013. The approval included a 79,670-square-foot charter school (K-8) with 1,340-students, in addition to a major conditional use for the school and rezoning from Public / Institutional (P/1) to Mixed Use Development (MXD). ART LOCATION The art is proposed to be located adjacent to Hood Road, immediately on the east side of the project entrance. Per Section 78-231, Parkway Overlay District, Hood Road is designated as a parkway west of Central Boulevard, and special public features, such as art in public places, are permitted to be located within the parkway with City Council approval. The proposed art meets Section 78-272, Standards of Artwork, where the public will be able to receive the most enjoyment from the art, and the art incorporates landscaping and lighting. BUDGET The proposed art fulfills the requirements set forth in Section 78-261(c), Requirements for Art or Fee in Lieu of Art, where the value of the art exceeds one (1) percent of the vertical construction cost. The estimated vertical construction cost for the school is $13.35 million. The total required art contribution amount is $133,550. The total budget for the art is approximately $217,960: the approximate cost of the sculpture is $195,000, the cost of the installation and construction of the base is $14,720, the cost of the landscape materials is approximately $1,500, and the approximate cost of the lighting and electrical work is $6,740 (see attached Preliminary Cost Estimate). The cost estimates have been reviewed by City staff. Meeting Date: April 3, 2014 Resolution 22, 2014 Page 3 of 4 PROJECT DETAILS Artist The project artist, George Lundeen, specializes in the creation of bronze sculptures. In addition to bronze sculptures, Mr. Lundeen has been commissioned to create portraits and interpretive works for universities, municipalities, foundations, and corporations such as Nike, Drake University, and Denver International Airport. Mr. Lundeen received his Bachelor of Arts degree from Hastings College and his Master of Fine Arts degree from the University of Illinois. He was awarded the Fulbright-Hayes Scholarship and conducted post -graduate work at the Academia de Belle Arte in Florence, Italy. Some of Mr. Lundeen's work has been exhibited at the University of Illinois in Champaign, Illinois, at the Capitol Building in Washington D.C., and at the University of Pennsylvania in Philadelphia, Pennsylvania. Most recently, he was awarded an Honorary Doctorate from the University of Nebraska. The artist currently resides and works in Loveland, Colorado (see attached Artist Resume). A life-sized sculpture of Thomas Jefferson, created by Mr. Lundeen, was previously approved by the City in 2005 to fulfill the AIPP requirement for Mirasol Town Square Planned Community Development (PCD), located on the northwest corner of the Ronald Reagan Turnpike and PGA Boulevard. This art piece has been installed per the approval. Proposed Art The proposed art consists of a six- (6) foot -tall and eight- (8) foot -wide statue of Benjamin Franklin and two (2) students with a kite. The intention of the statue is to illustrate Benjamin Franklin conducting the famous kite experiment. The proposed sculpture will be cast in bronze and placed on a three- (3) foot -tall pedestal surrounded by a four- (4) foot -wide walkway which will connect to a meandering sidewalk along Hood Road. The art will be installed on the north side of the sidewalk on Hood Road. The Applicant will be required to install the art by October 1, 2014. The proposed art will be cleaned and waxed semiannually, as per the artist's recommendation. In the event there is graffiti on the statue, it can be cleaned with abrasive cleaners without damaging the artwork. The statue will be securely anchored to the pedestal through concealed studs. Lighting The statue will be up -lit by lights on four (4) sides of the artwork. The lights will be located within the landscaping around the artwork. Meeting Date: April 3, 2014 Resolution 22, 2014 Page 4 of 4 Landscaping The landscaping plan is proposed to be modified to include groundcover, such as Gold Mound Duranta, Parsoni Juniper, Wax Jasmine, Native Porter, Sword Fern, and Fire Bush, around the statue in an area that was previously approved as a sodded area, and to remove one (1) Live Oak tree that will conflict with the location of the proposed art. A four- (4) foot -wide walkway, the groundcover landscaping, and one (1) Live Oak tree will surround the proposed art. Signape No signage is being requested with the subject petition. ART IN PUBLIC PLACES (AIPP) BOARD At the March 18, 2014, meeting, the AIPP Board voted 4 to 0 to recommend approval of the subject petition to the City Council. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 22, 2014, as presented. CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: rPlanned Community Development (PCD) 17Planned unit Development (PUD) [Amendment to PCD, PUD or Site Plan Conditional Use f-AAmendment to the Comprehensive Plan f `",Administrative Approval r'Administrative Appeal [-Annexation f -Rezoning f -Site Plan Review f-:Concurrency Certificate f —:Time Extension j-;Miscellaneous IFOffier Date Submitted: Project Name: 'fit 11�1. t+�l 7�C ih U LVtwj Owner:-FLAV,21 V>jkc Applicant (if notOwner): Applicants Address: IIW 4itL -5120 A%�V TelephoneNo. a1S�t.lo0']. 3G82 Agent:- blgTl��\o Contact Person: 4SaCC7 " E-Mail: Agent's Mailing Address: I LZp S 3 RP qT� 1 ' (.�}y'plEti¢ t {�L 33314 Agent's TelephoneNumber: mNumber: Date& Time Received: RQcoivod Application $ Receipt Number: Engineering $ eC1YK \ PMU8W D*9 00 2 NI P.LWMNG & 7wlw/ AwNtecfa gh27n4W s LV)4vr!'>r-r-4 Engineer:C� Planner: ► LandscapeArchitect: AA Site Information: Note: Petitioner shall submit electronic digital files of approved projects. See attachment for details. General Location: Address: NcL-.10 P-C;P^VP A" Gmt.•C:)�I t=-A&t. = Gk;24 L-M Section: 3S' Township: -i l Range: As. Pro perryControl Number(s): S2'C Z'� 1 ?s 5 Oy ova 30 20 i,,.3o3�� Acreage: CurrentZoning: ?U b / P l RequestedZoning: Flood Zone it-26 Base Flood Elevation (BFE) -to be indicated on site plan Current Comprehensive Plan Land Use Designation: M%P Existing Land Use: Requested Land Use: M y t> Proposed Use(s) i.e. hotel, single family residence,etc.: CH AYL'itNe— cC <=oL. {< - 46 Proposed Square Footageby Use: 64i-k-;O C,-r— G12oSS Proposed Numberand Type of Dwelling Unit(s) i.e. singlefamily, multifamily, etc. (if applicable): 2 Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Laud Development Regulations.} 1. Explain the nature of the request: A ! Fp 2. What will be the impact of the proposed change on the surrounding area? -- N /Pt 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination a``nttd Capital Improvement. h -%- r 3 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? EVA- 6. Has project received concurrency certification? —A—=-47 Date Received 5' _.__ Legal Descriptionof the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately J m>teftftem theintersectionof =--49 6 ik417 on the nor6Qeast,]south,J]west side of 90op fLo^Q (street/road). 0 Statementof Ownershipand Designationof AuthorizedAgmt Before me, the undersigned authority, personally appeared L)VtA N 634rlT-`tA9j4Vt-l. who, being by me first duly sworn, on oath deposed and says: That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. That he/she is requesting ii12-r 1r,1 ?VN5L..IG FACES APi' WA in the City of Palm Beach Gardens, Florida. 3. That he/she has appointed CoCA;fr t;t S"rr- F^`b e;CV►,=� S to act as authorized agent on hislher behalf to accomplish the above project. Name of Owner: eA T '*IaAC)0L-- ►NV— - - Si natureof Owner 132v5 V 5 WyJ`( t 44202 StreetAddress P. O. Box By: Name/Title [1109 h-1 E)tntmot e�1_4" City, State, Zip Code City, State,Zip Code TelephoneNumber Fax Number E-mail Address Sworn and subscribed beforeme this f dayof Ndtary Public My Commission expires: IL 1:5- t!2_ 5 AL*- SCOTT ' FANO My asSM 0 EE146M EXP REO NWWWW 1$, 2015 Applicant's Certification IIWe affirm and certify that Uwe understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on any paper or plans submitted here with are true to the best of my/our knowledge and belief. Further, Uwe understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm' eac4Garde lorida, and axe not returnable. Applicant is:igna Owner �.t T �'Zhlt�ll�- r1 Print Nameof Applicant r-optionee 1120 c,,r. 3VW ^QM Street Address 1 Lessee � lW T>V-4Vf ALL City, State,Zip Code Agent Cl 51 _(PO —I_ $b 62. TelephoneNumber Contract Purchaser Fax Number E-Mail Address N. Palm Beach Gardens Planning and Zoning department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-42M Permit Financial Responsibility Form The owner understands that all City -incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest -bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Planning and Zoning Department if the name and/or address of the responsible party changes at anytime during the application review process. ' OWner re -ILLei G E �;i�f i� ✓ r�o l 1 Owner printed name TT " DESIGNEE/BILL TO: 4F"t7 11� efAN2ns✓L Property Control Number Designee Acceptance Signature NOTARY ACKNOWLEDGEMENT STATE OF JE3 c-V_IQ' COUNTY OF �3VUNPJAYZXP I hereby certify that the foregoing instrument was acknowledged before me this day of 20 13, byC?Yfi *ZTJ Q He or she is personally known to me itiPntifir•ation. Notary public signature, 8C0fT DISTEFANO - W COMMISSION # EE146453 EXPIRES November 15, 2015 Printed name '°° 01°' .CM State of li' at -large My Commission expires: 4 \, I + l±l`r"o a f ? Fl0`RIDA'S i' ' i Irv'.►" �� Y � ' f TURNPIKE95 f t . __ 1:i A _ f : ` 4 t '. *mod E E BRIGER /SWAY NOTES: SURVEY. 2 LANDSCAPING SMALL BE FIELD ADJUSTED TO AVOID CONFLICTS NTH UTILITIES. 3. A MINIMUM 1S BUILDING SETBACK WILL BE MAINTAINED FROM SEACOAST LINES. 4. ALL STOP BARB SHMLL BE SETBACK r IN ADVANCE OF PEDESTRIAN CROa9?lm S. ALL ACCESSIBLE PAID ROUTES PAIROUTES 94ALL NOTD(C1ffDA2a1 SLOPE a. FINAL LOCATIONS OF ALL PROPOSED TRAFFIC SKIS SHALL L BE ESTABLISHED BY THE ENGINEER OF RECORD, 7. STOP BAR WILL BE WHITE PAVERS OR THERMOPLASTIC ON ASPHALT. B PAVER DETAILS, CLRBMG DETAILS AND ROAD SURFACE DETAILS TO 3URItOUNDING INFORM01ON AND PLANS ARE SHOWN FOR MIFORMATONIAL PURPOSES ONLY. A PATH MYS WITHIN PARKIAMY ARE CONCEPTUAL. N NATURE AND ARE SUBJECT TO FIELD ADJUSTMENTS 10. !HANDICAP PARIOG SIGHS SHALL BE PLACED 6800 THE SEEVMIK W AREAS WERE SOEM LK ABUTS THE STALL AND OUTSIDE THE TWO AND A HALF (Z 1fZ) FOOT OL6aiMNG AREA WHERE WHEEL STOPSARE NOT PROVIDED. 11. ALL STOP SARSROADWAY SIGNAM CROSS1M11C3 SWILL BE LOCATED ON 6Z!416ii N ROANS AND CERTIFIED BY THE PROJECT ENGINEER. 72 SCHOOL ZONE SIGNS WILL BE PLACE WTHHN THE HOOD ROAD RIGHT-OF-WAY CONSISTENT WTH PALM BEACH COUNTY ROADWAY STANDARDS 1 1 _ I I 1 9 1 I . I 1 1 I 1 i 9 -- 1 1 I i XY _ la xd WAIVERS: Waiver from Section 78-3S4(g)(7) minimum development area of 50 acres to allow for a 9.42 acre PUD. Waiver from Section 78-285, Permhad Signs. Waver request to allow building identification sign. Waiver from Section 78-284, Prohibited signs and prohibited sign locations. Waive request to allow for the sded name be located on the entry arch. %fL% n Is Considered an accessory SBUCaae. Waiver from Section 78-45• Number of parking spaces raWked. Waver request to rblow for additional padMil above the Cty s 10% IlMit Scripps Florida Phase IVBriger Led Use -MAD Zmin9 - PCD (AIXD) u.E LANDSCAPE BUFFER Parcel G etghbo h d Ob*U 6m56.,TO' RH, RAN. RL ___________________ m3 m� m m a � 9 - - - 4 — — — — — — — 27.E ' PRESERVATION AREA ^ a70ACREs ( �U � 9 9 � IY(OSTORY . ••,-tE FPL� 1 I EASEMENT g ScdppsFlorida Phase IVBrigL'Y ml Land lJss-MXD � m1' v.E I Zankg-PCO (MXD) Pa cad G �° FIE'AAL / DRIVE 88 eighbahood DLshid n LLE �• � � n II / S � nAse400sls o r 1 . 1 14.E :APE I TER -�O 4E U. 4 1 4 e g a � R30.v 4 9 24. b ` 1 CAFI TeLA OFFICEB O.MSIT CIASSFEMS "'oerm PAlx1 �a1 OPEN SPACE PLAY 1 EQUIPMENT PLAY Al EMOVAE T i 1 POSED DB I IORY ORETOOMARFA ao.EFRONT SETBACK --------��-----`-------------- MERGENCY VEWC ([iRE35rE0RE33 S x lS VISIBIUTI TRIANGLE C� b PLAY GROUND (SOD) O.7BACRES : OPEN sPArt 7 T— I. raN aHe-SbortY O GYMNASIUM FBGNCH&TRASH 1 3S MAX. HEIGHT RECEPTACLE j ONE-STORY l� lad 1w03rORY SCHOOL •' TWO-STORY - I� MIVC M.3S j 79,67osFTnrA. ! F.F.E •18.50 A D SETBACK - 220' . COfeB:CTILIN dl144 i� ja j N —4e0 1� yy 1 h Scripps Florida i it Phase IVBdger 105N i II . IDEK 11 Land Use-MXD ZonhV -POD (MXD) SE II o !r I y ff�rr 1 /•:r f i II LZ LRSED LOCATION FORBLIC PLACESzzz I-12O'CONCRETEPATH __—_—_—__—_-- R/w BE ckrsr. 2e OP tMl - I • 'v�V I xv(:Iu g•__1•r—_w_—x._x._r .I. 35P —I 1v -- w �_ 1r � re -.— w � .,—, .,t. _- EIS•. N- qP exl 1Westwood Gardens — MF Residert(ai f� -Land Ux - Rid - '•—s P.h:` '-� PU-' 023 Ac of D"Caaon urban design ki dad Urban Planning & Design Landscape Architecture Communication Graphics The o1Aas at ck Plea 477 S. RasemeyAve., SWI.22S Wed Pdm Bu, arFL 33401 561.968.1100 FAX 561-IM1111 —UdWstudo[mm SLCODOOD35 O^PIt SITE DATA: N �.4r44..N .—Ipi- af:by PETITION NO: PU1DA-12-05000D39 6°"'m'h""da»'P"a'a P•i.1 PROJECT NAME FRANKUNACADEMY �' 'YO°a•~b O1 p•" a1.s r.ra wow.>dcNa.4 •• ae4Pr.oti EIOSTNGOPROPOSED RAND USE DESIGNATION: MXD A1., a. mP•ralmrNoa u. wean DOSTINOZONNGDISTRICT: PLOT% aa•deb+. PROPOSED ZONING DISTRICT: MM= APPLICABLE OVERLAY(Sy PARKWAY OVERLAY DISTRICT SECTIOWTOWNSHIPI RANGE 35-41-42 PCN (By 524241J5-OD-OD0-3000 524241-35-00,M303D 52.42-01--S-01)4W3040 5242d1-ffi-DD000-3D50 ' 5242-41J5•D0000-3080 GROSS SITE AREA.* 9.42AC. (410.M.76SF) NET SITE AREA 9.19AC.(400,38223 IF) pep 023 AC. N PBC RCVf Dedcatlon) PROPOSED USE GRADES K2 • 1,340 STUDENTS 0 FIRST FLOOR BUILDING AREA: 34.285 SF FIRST FLOOR CANOPIES: 19,374 SF GYMNASIUM 720D 3F •.a. TOTAL FIRST RRST FLOOR BUILDING COVETRAGE: 85,879 SFitaA%) SECOND FLOOR BUILDING AREA SUES SF SECOND FLOOR CANOPIES 9,9aO SF t TOTAL GROSS FLOOR BUILDING AREA: 'MBTOSF (OCCLUDES GtfOPUE$1 0^ DRY RETENTIONAREA 1.13AC. E i LOT COVERAGE REQUIRED (MAX 45%y MAX 4.14AC. .L PROVIDED: 1.SOAC (16.3%) UPLAND PRESERVE PROPOSED: 0.70AD. ( A w •'L„`. UPLAND PRESERVE REQUIRED: 0.65 AC. OPEN SPACE DATA W OPEN SPACE REQUIRED ACREAGE % N 1.�A4 15% AOUTIONALOPEN SPACE REOUIRED 0.70AC d% FOR PARIO G IN EXCESS OF. 10% a ci TOTAL' 2.08 AG 2Z1% tQ - tu OPEN PROPOSED ACREAGE%PROPOSED ACREAGE % Uf Q. LAFD8CAPEAREAVKY RETENTION &G70AC.PRESERVE eeaar •(� TOTAL• 4.79AG VBi1CULAR PARKING a . iy eeya1r�s W $ PARpCL4SSR00M• 7648P ("CIA301"M OIS PnRL1AWWW G • ii 134SPACS DROP-Ry7rJaGREQURE raP.Paetrday DRQ°-0FFPARUONG REQUIRED f3I SPACES L Q. Q n24ss7vmrrs O U Pee msM9Rbq PAD _ 2978PACEe IW I&n M oFFDe 734 SPACES DROP-OFF PARKAIG. 163 SPACES ACCESSIBLE PARKING REOUIRED: 5SP. PROVIDED• 5SIR. LOADING SPACE REQUIRED 2SP.(irx3" 71,7 PROVIDED. 2SP. BICYCLE PARIONO REQUIRED- 11 BIKE SP.(vs OPPAMON9) NORTH PROVIDED. 3 RACKS(15 BIKE SPACES) 0 20' 4W aw PROPERTY DEVELOPMT REGULATIONS: EN sale: t-.4o•_0- MXD D197RICT REDURED PROPOSED LOT COVERAGE MAX 45% 1a.3%(1.60AC.) Date: 05-03-2D12 BUILDINGHEIGHT MAX 65'14-STORY 3212STORY PRo)eGNo.: IM33A01 SETBACKS REQURED PROPOSED Desr9ned By: Wr FRONT AS REQUIRED SY CRY COUNCIL SO Drawn By: WrILMB SIDE AS REoARED BY CITY COUNCIL Iw Checked By: KT ' REAR AS REOURED BY CITY COUNCIL 1a3' Revision Dates: FUTURE BRIGER PROJECT TEAM: M%12 ale ms DRIVEWAY 4 12 REaKBNRTN 12.2612 ra:SLeIATTAL e,-� , itsry2f Js ,'N 'Z 1t2D SE 3rd Ave. __. _. Lumberton. NJ OSO48 St to 20DO Fod Ludrdele. FL 3391E (609)354.1425 FM Lauderdalt FL 33301 (954)769-8234 Planner / Landsesoe AIcNIM N4 MSur gCorporation Urban DeF79n K11Gy 5WC5 TFACEndrrop 5!53 Vaapa Bwlara,d 477 Sodh Rosemary Are Kinday440m a Am-, Inc N4x1 Palm Beach. FL 33467 Suite 225 YYest Palm ete:tl, FL 33401 1920 V✓eNra V.%V Sate 200 ;561) 640-4551 'S51, 201-1100 VAM Pw-e•Eech,. 3Ca11 C 4I Enni—r t551) 845-MS Pose E:rytlee�e,q Jnr. ?'25 S. Uni•ersih D., Su = 1,,1 O4rie, rL 3032-P 9541315=,15:.t lz-1 OF I Franklin Academy Art in Public Places AIPP-13-10-000032 Preliminary Cost Estimate Sculpture................................................................ $195,000.00 Installation and Construction of Base...................................$14,720.00 Landscape Materials........................................................$1,500.00 Lighting/Electrical..........................................................$6,740.00 Total Cost Estimate $217,960.00 Franklin Academy Art in Public Places Artist's Resume — George Lundeen A native of Holdrege, Nebraska, Lundeen was a Fulbright-Hayes Scholar studying at the Academia de Belle Arte in Florence, Italy. He holds a Master's Degree in Fine Arts from the University of Illinois and a bachelor of arts from Hastings College in Nebraska. George Lundeen established his sculpting studio in Loveland, Colorado in the mid-1970s where he currently lives and works. He has been commissioned to sculpt portraits and interpretive works alike for universities, municipalities, foundations, and corporations. Mr. Lundeen is a member of the National Academy of Design and the National Sculpture Society. AWARDS AND HONORS UNIVERSITY OF NEBRASKA 1999 Honorary Doctorate of Humane Letters STATE OF NEBRASKA 1995 "Distinguished Nebraskan" by proclamation of the Governor of Nebraska LEGISLATURE OF NEBRASKA AND THE NEBRASKALAND FOUNDATION 1995 Pioneer Award NATIONAL SCULPTURE SOCIETY 1983 National Sculpture Society's Prizewinner Exhibition, Bronze Medal: "Departure" 1982 National Sculpture Silver Medal: "Old Friends" 1981 National Sculpture Bronze Medal: "Departure" NATIONAL ACADEMY OF AMERICA 1982 Elizabeth N. Watrous Gold Medal: "Michelle" ALLIED ARTISTS OF AMERICA 1991 Associate Members Award. "Joy of Music -Bass Player" 1990 Helen Gapen Oehler Memorial Award: "Hearts on a Swing" 1987 Allied Artists Members & Associates Award: "Ben Franklin" 1981 Pietro and Alfrieda Montana Memorial Award: "Michelle" CHINA EXHIBITION AGENCY 1981 Special Citation from the China Exhibition Agency, Beijing (Peking), China NORTH AMERICAN SCULPTURE EXHIBITION 1986 John Cavenaugh Memorial Award: "Flatlander" 1983 Art Castings of Colorado Award: "Lovers" 1981 Rocky Mountain Sculpture Award: "Last Laugh" 1980 North American Sculpture Award (Best of Show): "li Barbone" 1979 North American Sculpture Award (Best of Show): "Departure" AMERICAN INDIAN AND COWBOY ARTIST WESTERN ARTS EXHIBITION 1982 Artist of the West EDUCATION 1973-1974 Fulbright-Hayes Scholar: Postgraduate work at the Academia de Belle Arte in Florence, Italy 1971-1973 Master of Fine Arts, University of Illinois, Urbana, Illinois 1966-1971 Bachelor of Arts, Hastings College, Hastings, Nebraska TEXAS A&M UNIVERSITY 1978-1979 Texas A&M Artist in Residence ASSOCIATION MEMBERSHIP Allied Artists of America National Sculpture Society; Fellow National Academy of Design COMMISSIONS 2005 "The Player" monument to "Branch Rickey", Coors Field, Denver, Colorado 2004 "On the Trail of Discovery" Great Plains Art Musuem, Lincoln, Nebraska 2002 "Harvest Dreams" for the Marketplace, Brighton, CO 2002 "Mari Sandoz" for the Mari Sandoz High Plains Heritage Center, Chadron State College, Chadron, NE 2001 "End of an Era" commissioned for the Colorado Springs Pioneers Museum, Colorado 2001 "Mari Sandoz" commissioned for Chadron State College, Chadron, Nebraska 2000 "Holly Coors" commissioned for the Air Force Academy, Colorado Springs, Colorado 1999 Portrait busts of former Nebraska state senators, Jerome Warner, and his father Charles Warner for the Nebraska Capitol in Lincoln 1997 "Jack Swigert" commissioned for Statuary Hall, the Capitol Building, Washington D.C. 1997 "Portrait of Nathan Gold" for the Nebraska State Capitol Building, Lincoln, Nebraska 1996 "Dolphins" commissioned for the Marketplace Mall, Westminster, Colorado Artist Resume 2 1996 "Robert Frost" commissioned by Dartmouth College, Hanover, New Hampshire 1995 "Mary Lanning" commissioned for the Mary Lanning Hospital, Hastings, Nebraska 1994 "Portrait of Dwight Griswold" for Nebraska State Capitol Building, Lincoln, Nebraska 1993 "George W. Hopper" commissioned for the University of Wyoming Law Library, Laramie, Wyoming 1993 "Cliff Hillegass" (Cliff's Notes) commissioned for Cliff Hillegass Sculpture Garden at the Museum of Nebraska Art, University of Nebraska at Kearney 1993 "George W. Norris" commissioned by Nebraska Rural Electric Association for the National Cooperative Headquarters, Dallas, Texas 1993 1 1/2 life-size portrait of pioneer aviator, Elrey B. Jeppesen, for the Jeppesen Terminal Building of the new Denver International Airport, Denver, Colorado 1992 "Branch Rickey" Baseball Man of the Year" Award, Inaugural year presented to Dan Winfield 1992 "Portrait of Art Thompson" for Nebraska State Capitol Building, Lincoln, Nebraska 1992 "Players" for the University of Nebraska, Lincoln, Nebraska 1990 Life-size "Runner" and Couple on Bench" for NIKE Inc., Corporate Headquarters, Beaverton, Oregon 1989 "Joy of Music" commissioned for the Civic Center of Loveland, Colorado 1988 "Gene Sarazen" commissioned for the Atlanta National Golf Club 1987 "Ben Franklin" commissioned for the University of Pennsylvania 1986 "Gilbert Hitchcock" commissioned by the Nebraska Historical Foundation 1983 "Promise of the Prairie" (10' tall) bronze of prairie family for Holdrege, Nebraska Artist Resume 3 Examples of Artist's sculptures from clay model to completed sculpture Clay Model 0 3Y 10 e! Completed Sculpture Comple"- _I ScLI^�tur? Artist Resume 4 . f h 1 •kit • Bronze cast sculpture depicting Benjamin Franklin and two students _ 8'• 'p �4 0 Masonary cap to be painted White----"/ Plant material around base - Stucco masonry wall painted to match building_ (Jersey Cream - Sherwin Wilhams #sW-6379) 6' 3' W Urban Design Kildoy Studios, October 1, 2013 Sheet 2 of 2 Franklin Academy Palm Beach Gardens Plan view of Sculpture Area with Proposed Plantings. �. Live Oak Fire Bush Sword Fern Native Porter Wax Jasmine Parsoni Juniper Gold Mound Duranta Proposed Up Lighting PROPOSED SCULPTURE 4' Sidewalk 12' Meandering walkway within Parkway Buffer Landscape Plan, Sheet 1 of 1 Prepared by Urban Design Kilday Studios, Inc. October 1, 2013 4 I RESOLUTION 22, 2014 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING ART IN PUBLIC 6 PLACES FOR FRANKLIN ACADEMY PLANNED UNIT 7 DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED 8 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING 9 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 10 11 12 WHEREAS, the City Council, as the governing body of the City of Palm Beach 13 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 14 Statutes, and the City's Land Development Regulations, is authorized and empowered 15 to consider petitions related to zoning and land development orders; and 16 17 WHEREAS, the City Council adopted Ordinance 16, 2002, rezoning the property 18 from Planned Development Area (PDA) to Planned Unit Development (PUD) Overlay 19 with an underlying zoning designation of Public / Institutional (P/1) and approving a 330- 20 student private school (K-12); and 21 22 WHEREAS, the City Council adopted Ordinance 31, 2004, transferring all 23 conditions of approval and approved documents from Ordinance 16, 2002 to Resolution 24 145, 2004. The Resolution also extended the build -out date and modified certain 25 conditions of approval; and 26 27 WHEREAS, the City Council adopted Ordinance 18, 2009, amending the future 28 land -use designation from Public (P) to Mixed Use Development (MXD); and 29 30 WHEREAS, the City Council adopted Ordinance 7, 2013 and Resolution 28, 31 2013, approving the Franklin Academy, a 79,670-square-foot charter school (K-8) with 32 1,340-students, in addition to a major conditional use for the school and rezoning from 33 Public / Institutional (P/1) to Mixed Use Development (MXD); and 34 35 WHEREAS, the Franklin Academy PUD is currently zoned PUD Overlay with an 36 underlying zoning designation of P/I and has a future land -use designation of MXD; and 37 38 WHEREAS, the Planning and Zoning Department has reviewed the application, 39 has determined that it is sufficient and consistent with the City's Comprehensive Plan 40 and Land Development Regulations, and has recommended approval; and 41 42 WHEREAS, the AIPP Advisory Board reviewed the petition at its March 18, 43 2014, meeting and recommended approval of the petition (AIPP-13-10-000032) by a 44 vote of 4 to 0; and 45 46 Page 1 of 4 Resolution 22, 2014 1 WHEREAS, the City Council has considered the evidence and testimony 2 presented by the Applicant and other interested parties and the recommendations of the 3 various City of Palm Beach Gardens reviewing agencies and staff; and 4 5 WHEREAS, the City Council deems approval of this Resolution to be in the best 6 interest of the health, safety, and welfare of the residents and citizens of the City of 7 Palm Beach Gardens and the public at large. 8 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 11 OF PALM BEACH GARDENS, FLORIDA that: 12 13 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 14 15 SECTION 2. The application is hereby APPROVED for Art in Public Places 16 (AIPP) at Franklin Academy Planned Unit Development (PUD), subject to the conditions 17 of approval contained herein, which are in addition to the general requirements otherwise 18 provided by resolution for the real property described as follows: 19 20 (See Exhibit "A" for Legal Description) 21 22 SECTION 3. This approval is subject to the following conditions, which shall be 23 the responsibility of and binding upon the Applicant, its successors, or assigns. All 24 other conditions from the development orders related to this project remain in full force 25 and effect: 26 27 1. The Applicant shall install the subject art piece by a date certain of October 28 1, 2014. Any extension of this date shall be done in accordance with 29 Section 78-261 of the City's Land Development Regulations. (Planning and 30 Zoning) 31 32 2. Prior to the final release of the art escrow, the Applicant shall submit digital 33 photographs, both during daytime and nighttime, of the installed artwork. 34 (Planning and Zoning) 35 36 3. Prior to the final release of the art escrow for the Franklin Academy PUD, 37 the Applicant shall submit a copy of its logo and any mission statement of its 38 organization, with authorization for the City to use such information in future 39 publications. The artist name, title of artwork, and description shall be 40 included. (Planning and Zoning) 41 42 4. Prior to the final release of the art escrow for the Franklin Academy PUD, 43 the Applicant shall submit an actual cost breakdown of the artwork, and any 44 remaining balance in the art fund will be applied towards any future art 45 requirements for this site. (Planning and Zoning) 46 Page 2 of 4 Resolution 22, 2014 5. The Applicant shall be responsible for the maintenance of the work of art. (Planning and Zoning) SECTION 4. This petition is approved subject to strict compliance with the Exhibits listed below, which are attached hereto and made a part hereof as Exhibit "B": 1. Art in Public Places Exhibit, Sheet SP-1, prepared by Urban Design Kilday Studios, Inc., dated March 27, 2013. 2. Franklin Academy — Art Rendering, Sheets 1 and 2, prepared by Urban Design Kilday Studios, Inc., dated October 1, 2013. 3. Landscape Plan, Sheet 1 of 1, prepared by Urban Design Kilday Studios, Inc., dated October 1, 2013. SECTION 5. All representations made by the Applicant or the Applicant's agent at any public hearing regarding this application are specifically incorporated herein, and this approval is granted subject to same. SECTION 6. This Resolution shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) Page 3 of 4 Resolution 22, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2014. ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M. R. Max Lohman, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY OF PALM BEACH GARDENS, FLORIDA AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\2014\Resolution 22 2014 - AIPP for Franklin Academy.doc , Mayor Page 4 of 4 Resolution 22, 2014 EXHIBIT "A" LEGAL DESCRIPTION: THE SOUTHWEST QUARTER (SW %) OF THE NORTHEAST QUARTER (NE %) OF THE NORTHWEST QUARTER (NW %) OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT 80-FOOT RIGHT-OF-WAY FOR HOOD ROAD AS CONVEYED TO PALM BEACH COUNTY PURSUANT TO RIGHT-OF-WAY DEED RECORDED IN DEED BOOK 1139, PAGE 285, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND ALSO LESS AND EXCEPT 15-FOOT ADDITIONAL RIGHT-OF-WAY FOR HOOD ROAD CONVEYED TO PALM BEACH COUNTY PURSUANT TO WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 26616, PAGE 1285, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING IN ALL 9.19 ACRES, MORE OR LESS. Resolution 22, 2014 EXHIBIT "B" A Bronze cast sculpture depicting Benjamin Franklin and two students- fi' 3' Masonary cap to be painted White_ (Jersey Cream - Sherwin WiSams #sW-6379) Urban Design Kilday Studios, October 1, 2013 Sheet 2 of 2 E BRIGER IEWAY NOTES: 1. BASE INFORMATION BASED ON BOUNDARY PROVIDED BY 1AALLACE SURVEY. 2 IANDSCCAPINB SHALL BE FEUD ADJUSTED TO AVOID CONFLICTS WITH UTILITIES. I A MINIMUM 19 BUILDING SETBACK WALL BE MAINTAINED FROM SEACOAST LINES. 4. ALL STOP BARS SHALL BE SETBACK r N ADVANCE OF PEDESTRIAN CROS511/11R5. 5. ALL ACCESSIBLE PAVED ROUTES SHALL NOTEXCEED A2111 SLOPE. S. FINAL LOCATIONS OF ALL PROPOSED TRAFFIC SIGNS SEAL BE ESrABUS1ED BY THE ENGINEER OF RECORD. 7. STOP Bert WILL BEV 4TE PAVERS OR THERMOPLASTIC ON ASPHALT. S. PAVER DETAILS, CURBING DETAILS AND ROAD SURFACE DETAILS TO BE SHOWN ON ENGINEERING CONSTRUCTION PLANS. PROPOSED 1a FPL EASEMENT Scripps Florida PhaselVBdger Land Use-MXO Zmirg - PCO (MXO) Parcel G eighoahood OLshict 14.0' S. SURROUNDING INFORMA SHOWN FOR NF'ORMItTIONAL PURPOSES ONLY. A PATIMWYS WITHIN PARKWAY ARE CONCEPTUAL N NATURE AND ARE SUBJECT TO FIELD ADJUSTMENTS 10 KAIDICAP PARKING SIGNS SHALL BE PLACED BEHIND THE SIDEWALK IN AREAS WHERE SIDEWALK ABUTS THE STALL AND OUTSIDE THE TWO AND A HALF (2 IM FOOT OVERHANG AREA WHERE MHEEL STOPS ARE NOT PROVIDED. 11. ALL STOP BARS. ROADW kY SIGNAGE CROSSVaLLKS SAW. BE LOCATED ON ENGINEERING PLANS AND CERTIFIED BY THE PROJECT ENGINEER 12 SCHOOL ZONE SIGNS MILL BE PLACE WITHIN THE HOOD ROAD RIGHT.OFVAY CONSISTENT WITH PALM BEACH COUNTY ROADWAY STANDARDS. 1 I I 1 I I I I m r/4j=-EA DRIVE hNbHm 24.aSIDE `I ell IIII 1 e I I EOPOSED 4a I.I.E. �r 1 WAIVERS: Waller from Section 78-354(a)(7) minimum development area of 50 acres to allow for a 9.42 acre PUD. Waiver from Section 78-285, Permitted Signs. Waiver request to allow building Identification sign. Waiver tram Section 78-284, Prohibited signs and prohibited sign locatlons. Weer. request to allow for the admoi name be located on the entry arch. which Is Considered an accessory sbucana. Waiver from Section 75-345. Ntanber of paddrg spaces required Walvar request to allow for adolUonal parld g above the Citys 10% limit SCnppS Fb-a Phase IVBriger Land US@- MAD Zortirq - PCO (MXD) t4.a Parcel G LANDSCAPE d9hbortwod DWid BUFFER 6558.JO' RH, RM. RL �- ----- _ _______________________________ a 9 9 1 I - - s 4 _ 9 - - - - - - - -PRESERVA�770N ARPA REAR SETBACK 9 1 IT ACK K} 5 i a7oACREs Z 9 = 4 91_I_ I n - I I I I U41 I '�Ilu9 b b .---sPacE-`_---.- a oPaa • -- itlatl. - ED T I: oPENz; 14s W CtA55R0ouS -S-R, b I ;- I RO y.=,.. ,...®� GFEfBRM,SSROO n,7le aNi CLA CLASSROOMS -.A A i RECEPTACLE { corimele Ei Mlx OPEN SPACE iT I B 1 1� PLAY 1 EQUIPMENT 1 PLAY p EQUIPMENT i I / PROPosED I I - t0A'U.E I I DRY ORETEMION AREA eo.a FR I : sETeA PLAY GROUND (SDI) 0.78ACRES M j u1 � A � O aAe8M0Ma mosrottT � II SCHOOL TWO-STORY )[ MAX HT. 35' 1 79,670 SF TOTAL ) F.F.E-18b0 A GYMNASIUM 35' MAX HEIGHT ONE-STORY 'Ar 1 I II 46Ar i FJ4TRYARCH � PROPOSED LOCATION FOR - i' ,wAUWAY ART IN PUBLIC PLACES _P�_________ __-__-_------- _ _ _ U- 120CONCRETE PATH ------------------- S' x 15 VISIBILITY TRIANGLE ------------ OVERHEAD UTILITIES 11IN SIDE i ; sErBAcI{ I� s 023 At, of Dedksaon eN I$ IZ ■ Scripps Florida jr( Phasa IVBriger Land Uee. MXD Zoning -PCD (MXD) e 1 4 LOCATION MAP urban design ki idaUD 10 q Urban Planning & Design Landscape Architecture Communication Graphics The Onus at Cio' Place 477 S Roc WAve., SWt.225 WIaI Peke Beedl, FL 3340E 561.3541100 FAX 561.3M.1111 w .udwwoxmm OLCC000035 SITE DATA: Al Imo, -am, W-Iby"Aft b M popxr Mtle 4•Npn•r. -dxu• cntl•d PETITION NO: PUDA-12-05-0OW39 tw m••.eel,. u-aew wwa•a Pq.n. PROECT NAME: FRANKLIN ACADEMY mvw-.d•W-.-'-N.v�s •r P•m Nor narbu•4IY.-e.cM4t..•T p•mn, FJO.STINGIPROPOSED LAD USE DESIGNATION: MXD s.m,w.-w-aa..aN•-oa.arr, EXLSTING ZONING DISTRICT: PLORI a-mesndd-daV- PROPOSED ZONING DISTRICT: PIID1190 APPLICABLE OVERLAY(St. PARKWAY OVERLAY DISTRICT SEOTIOW TONMSMPI RANGE: 35-41- 42 PON (S): 5242-41-35-m-ODD Vn 5242-41.35-00-010-3030 S2424l -6-0o_G oo_3D40 52.42-4135_oo.o -3050 ' 52.42-4135.00-000-3080 GROSSSREARFA 9A2At (410.2G.75 SF) HETSREAREA 0.14AC4400,3822381c) Qaa 023 AC. ofPOO ROW Dadcdm) PROPOSED USE CHARTER SCHOOL " r GRADES K-e • 1,340 STUDENTS BU1LD84G DATA FIRST FLOOR BUILDING AREA: 34255 SF FIRST FLOOR CANOPIES: 19.374 SF GYMNASIUM 12010 SF _ TOTAL FIRST FLOOR BUILDING COVERAGE: 84S79 SF (ISA%) SECOND FLOOR BUILDINGAREA A365 SF SECOND FLOOR CANOPIES: 9,9W SF Thar f•OriCrt to Ali Yrtlr Mel- ACa4 DRY RETENTION AREA 4C HA'1•(�I tlnef: ne•rinic� 1.13 AC LOT COVERAGE REQUIRED (MAX 45141: MAX 4.14AC. PROVIDED: 1.S0 AO (16.3%) UPLAND PRESERVE PROPOSED 0.70 AC. UPLAND PRESERVE REQUIRED 0.65 AC. OPEN SPACE DATA OPEN SPACE REQUIRED ACREAGE % 1.38 AC. 15% ADDITIONAL OPEN SPACE REQUIRED a70 AC FOR PARKING IN EXCESS OF 10% TOTAL: 2-08 AC. 221% OPEN SPACE PROPOSED ACREAGE % LANDSCAPE AREwoRY RETENTION 3.6E AC. PRESERVE TOTAL: 4.30AC. 47.8% _ VEHICULAR PARKING 14.9 PARKING REQUIRED 224SPACES LANDSCAPE CLASSROOM - 75 SPACES BUFFER (73 QA6an001016 ISJ PER GASSROOR OFFICE- 15SPAC-ES (;TTJ APOPORi(>EO taR Farmaq DROP-OFFFAMNG REQUIRED- 131 SPACES nm 576C@ers G I Pm to sTWEl M PARKING PROVIDED 29T SPACES 11a x 18.6'I CLASSROOM a OFFICE 134 SPACES DROP-OFF PARKING: 103 SPACES ACCESSIBLE PARIING REQUIRED= 5SP. PROVIDED= 5SP. - LOADINOSPACEREOURFD- 2SP.(trxxn PROVIDED = 2SP. BICYCLE PARKING REQUIRED= 11 BIKE SP.(5% WPMKaw) PROVIDED- 3 RACKS (15 BIKE SPACES) 0. ���aaaaaa�aaa CD+sdr �L C `v LL � K W0 (0 III L � 6 _ waaaal (L€€€� I m a L E s LL Q a 1 NORTH 0 20' 40' 80, PROPERTY DEVELOPMENT REGULATIONS: Hod Scale: t--40'-D- MXD DISTRICT REQUIRED PROPOSED LOT COVERAGE MAX45% 163%(1.60AOJ Date: 0503.20-2 BUILDINGHEIGHT MAX as14•SMRY VI2STORY Project No.: 10-033.001 SETBACKS REOM O Destpned BY: Wr FRONT AS REQUIRED BY CRY L SIT Drawn By: VM MB SIDE. AS REQUIRED BY CITY COUNCIL IDS.' Checked BI, KT ' REAR AS REOUIRED I3Y CITY COUNCIL lay Revision Dates: FUTURE BRACER °�'at2 °""` DRIVEWAY PROJECT TEAM: p60612 RSsueMTrAL 1D20t2 RESl1BMTTAL Applbnt ArrNbd ASIDnary e1-1.12 UPDATE TAT (.AVERAGE Tom ors Harry D. BoW AAA OrsMpp Trsuip, PA os27-13 RESUSM�Tru. Florida Charter Fox.Mm 328 Nab Strest 401 Eaa W qa Bodrvard -- 1120 SE 3rdAve. LumMmoA NJ DOM BOD}651.1425 Salt 20a8 HOOD P,OAD R/W - - -- 123.72' LelMardab, FL 33316 ( Fan Lauderdab, FL 33301 (954)768.6234 (PUBLIC,1 Hood Road �� Swaa PFanner/lendseaOe Nchilea rJasi. 2<- aP mA\; 5 , -- w � n.-•_.aswn W/an-Sarveyin9Copo-tan 5553 Vila Uraen Design Wtda 9 nAye SW 725 Rosemary Ave T�ey44Cfic naar 10BZO YVMeldva VJaytxlo Arc. rr�w�w._w�ry _.w _- w __ w EgST. 24 DY' vM , --- -- w :. � � i \ BeaBmclKvFL 33407 (5E1)640-0551 YlAeat Palm Beam. FL 334D1 (561)3S6.110D Sute Z00 an Weay Palm P 1 •� - w --. w -- w Westwood Gardens ElesT. ,4- 3eww ;yam w -- w -- 1 - w - w -- _ w ,� : •. �,�. -� CIA Encineer beach. FL 3341E g ■ (551 845-MS MF Residential laM Use- RM ZGn!ng - PU] :P,F41 GOLDEN E4cic CIRCLE .' Ross Enpin-N Inc. 3?25 S. Ulmersily Or. S.I. 111 Da�te31FL 84)r28 i9E4131BN15:4 Franklin Academy Palm Beach Gardens Plan view of Sculpture Area with Proposed Plantings. Live Oak Fire Bush Sword Fern a Native Porter Wax Jasmine Parsoni Juniper Gold Mound Duranta Proposed Up Lighting PROPOSED SCULPTURE 4' Sidewalk 12' Meandering walkway within Parkway Buffer Landscape Plan, Sheet 1 of 1 i Prepared by Urban Design Kilday studios, Inc. October 1, 2013 ��I►i�ii/l/l./jl c CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 3, 2014 Resolution 23, 2014 Subject/Agenda Item: Downtown at the Gardens Planned Community Development (PCD) Master Signage Plan Amendment Public Hearing and Consideration for Approval: A request from Downtown at the Gardens Associates, LTD for approval of an amendment to the Downtown at the Gardens Planned Community Development (PCD) master signage plan to modify the location of three (3) tenant wall signs. The subject site is located at the southeast corner of Alternate A1A and Gardens Parkway. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: Council Action: Director 0 Planning & Planning & Zoning: Accountant [ ] Approved Zoni g Project Manager [ ] Approved w/ Conditions Tamashbeen Tres Thomas [ ] Denied [ ] Continued to: t lie Crowley, AICP Rahman, Planner Fees Paid: Yes [X] Quasi — Judicial Development Compliance Funding Source: [ ] Legislative [X] Public Hearing [ ] Operating [X] Other N/A Bahareh Wolfs, AICP Attachments: Advertised: Cit [X] Required Budget Acct.#: • Development Application ( ] Not Required N/A ate: 3.19.14 Contract/Agreement: • Location Map Effective Date: Paper: Palm Beach • Resolution 11, 2012 Ff Max an, Esq. Post N/A .Approved Sign Exhibits Approv d By: Expiration Date: • Proposed Sign Exhibits City Manager Affected parties: N/A • Resolution 23, 2014 d,�--T—] [X] Not Required ( �' Notified Ronald . F rt)ris Meeting Date: April 3, 2014 Resolution 23, 2014 Page 2 of 4 EXECUTIVE SUMMARY The subject request will allow a modification to the approved Downtown at the Gardens (DTAG) Planned Community Development (PCD) master signage plan to change the location of three (3) tenant wall signs, specifically on Building A. The approved signage plan permitted the three (3) tenant wall signs to be located on the right side of the south elevation on Building A. Condition of Approval No. 2 of Resolution 11, 2012 requires the signs to be installed per the elevation previously approved by the City Council. The owner, Downtown at the Gardens Associates, LTD, is requesting to relocate the wall signs to the left side of the south elevation. Therefore, City Council approval is required. Building A is located at the northwest corner of the DTAG PCD, adjacent to Alternate A1A and Gardens Parkway. Staff is recommending approval of the subject petition. BACKGROUND Resolution 91, 2003, adopted by the City Council on June 5, 2003, approved the Downtown at the Gardens (DTAG) site plan. The site plan approval allowed for the development of 26,000 square feet of neighborhood commercial space, 220,745 square feet of retail / restaurant space, 67,690 square feet (up to 3,220 seats) of cinema space, and 20,000 square feet of professional office space on approximately 49 acres. The site plan approval also provided nine (9) waivers, including one (1) waiver to allow six (6) tenant signs for Building A, one (1) tenant sign for Building I, one (1) tenant sign for Building M1, one (1) tenant sign for Building M2, and four (4) project logo signs. The DTAG Master Signage Plan has been amended a number of times through various PCD amendments, site plan amendments, miscellaneous petitions, and administrative approvals since its initial approval. The following are a summary of approvals that are most applicable to this petition: • Resolution 212, 2003, adopted by the City Council on December 18, 2003, amended the master sign plan, including architectural changes, and approved two (2) waivers to allow additional wall signs and to permit one (1) principal tenant wall sign to have 42-inch letters. One (1) wall sign for the Cobb Theater has been installed pursuant to this approval, and six (6) wall signs have not been utilized. • More recently, Resolution 11, 2012 adopted by the City Council on February 2, 2012, permitted DTAG to add and modify directional, way -finding, and identity signage throughout the site. In addition to the other signage amendments, this petition modified five (5) tenant wall signs that were previously approved by Resolution 212, 2003 but were not utilized to be relocated to other buildings. This permitted three (3) tenant wall signs on the south elevation of Building A. The three (3) signs have not been installed. Meeting Date: April 3, 2014 Resolution 23, 2014 Page 3 of 4 LAND USE & ZONING The subject site is located within the Regional Center PCD. The site has Professional Office (PO) and Commercial (C) future land -use designations and a PCD Overlay with an approved Master Plan. Table 1. Existin Zoning and Land -Use Designations Subject Property Planned Community Development Professional Office (PO) / Downtown at the Gardens (PCD) with Master Plan Commercial (C) North Planned Community Development Residential High (RH) / Mira Flores (PCD) with Master Plan Professional Office (PO) South Gosman Parcel Planned Community Development Financial Center at the (PCD) with Master Plan Professional Office (PO) Gardens Laser and Surgery Center West Research and Light Industrial (M-1); Industrial (1) / Bioscience Parcel 5A Residential Low-3 (RL3) Research Protection Overlay; Plat 4 Residential Residential Low (RL) East Landmark Planned Community Development Professional Office (PO) Gardens Pointe (PCD) with Master Plan PROJECT DETAILS Site Details The Downtown at the Gardens (DTAG) site is bound by Gardens Parkway to the north, Kyoto Gardens Drive to the south, Alternate A1A to the west, and Lake Victoria Gardens Avenue to the east. DTAG is located within the Regional Center PCD. The site has access from PGA Boulevard via Lake Victoria Gardens Avenue and Alternate A1A, and from Gardens Parkway via Lake Victoria Gardens Avenue. The parcel is approximately 49 acres in size (see attached Location Map). Building A is located at the northwest corner of the site and is adjacent to Alternate A1A and Gardens Parkway. Current tenants located within Building A include the Cobb Theater and TooJays. Subject Request The property owner, Downtown at the Gardens Associates, LTD, is requesting an amendment to the master signage plan to allow three (3) tenant wall signs that were previously approved on the right side of the south building elevation on Building A to be relocated to the left side of the elevation in order to provide additional visibility of the signs for vehicular and pedestrian traffic from the west side of the PCD. As required by the previous approval, the three (3) tenant wall signs are limited to a maximum letter height of 36 inches unless approved by a previous waiver. Per Condition of Approval No. 2 of Resolution 11, 2012, the tenant wall signs that were permitted with that petition Meeting Date: April 3, 2014 Resolution 23, 2014 Page 4 of 4 are required to be in the location and color palette as approved by the City Council. Accordingly, the proposed relocation of the three (3) tenant wall signs requires City Council approval. STAFF ANALYSIS Downtown at the Gardens is a large parcel with tenants located within inner courtyard areas. The three (3) tenant wall signs were previously approved to give patrons better visibility of tenants that do not have direct exposure from the west side of the PCD; however, due to their approved location, exposure is still limited. Relocation of the tenant wall signs will provide better visibility of the signs for pedestrians and motorists accessing these tenants from the west side of the PCD. The wall signs will be required to be consistent with the approved master sign plan for the Downtown at the Gardens Planned Community Development (PCD), and will be at the height and dimensions previously approved by the City Council. Additional signs are not proposed with the subject petition. Staff supports the Applicant's request to modify the previously approved signs. PLANNING, ZONING, AND APPEALS BOARD (PZAB) At the March 12, 2014, public hearing, the PZAB voted 5 to 0 to recommend approval of the subject petition. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 23, 2014 as presented. Request: CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500-North-MilitMy-TTrail - Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Community Development (PCD) Unit Development (PUD) tent to PCD, PUD or Site Plan ,nal Use lent to the Comprehensive Plan trative Approval trative Appeal Project Name: Downtown at the Gardens Plan Review currency Certificate e Extension Date Submitted: ( —,— ' j Owner. Downtown at the Gardens Associates Ltd -KaWq Applicant (if not Owner): Owner Applicant's Address:11701 Lake Victoria Gardens Ave Telephone No. 301-816-1555 Agent: Cotleur & Hearing, Inc. Contact Person: Don Hearing/Alessandda Palmer E-Mail: apalmer@cotleur-hearing.com Agent's Mailing Address:1934 Commerce Lane, Suite 1, Jupiter, FL 33458 Agent's Telephone Number: 561-747-6336 x109 IPetition Number: tion $ Number: FOR OFFICE USE ONLY Date & Time Received: Engineering $ Architect: N/A Engineer: N/A Planner: Alessandria Palmer- Cotleur & Hearing - Landscape Architect: N/A Site Information: Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. General Location: Downtown at the Gardens Address: 11701 Lake Victoria Gardens Ave. Palm Beach Gardens, FL 33410 Section: 06 Township: 42 Property Control Number(s): 52-43-42-06-14-001-0000 Acreage: 48.76 Range: 43_ Current Zoning: PCD Requested Zoning: PCD Flood Zone Base Flood Elevation (BFE) -- to be indicated on site plan Current Comprehensive Plan Land Use Designation; Professional Office (PO) Shopping Center Shopping Center Existing Land Use: Requested Land Use: Office/Medical Proposed Use(s) i.e. hotel, single family residence, etc.: Proposed Square Footage by Use: N/A Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): N/A Justification 2 Information concerning all requests (attach additional sheets if needed.) (Section 7846, Application Procedures, Land Development Regulations) 1. Explain the nature of the request: The applicant is requesting a misceiianeous petition to relocate the approved signage located on Building A to provide increased visibility. 2. What will be the impact of the proposed change on the surrounding area? See justification statement. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. See justification statement. 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 261, Land Development Regulations)? Not applicable. 6. Has project received concurrency certification? Yes Date received: 2003 Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately 0 mile(s) from the intersection of Kyoto Gardens Dr & Alt Al , on the❑north✓ Wt0outh[:3vest side of Alternate Al (street/road). Statement of Ownership and Designation of Authorized Agent Before me, the undersigned authority, personally appeared Jeffrey Berman who, being by me first duly sworn, on oath deposed and says: 4 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. That he/she is requesting Miscellaneous Petition in the City of Palm Beach Gardens, Florida. 3. That he/she has appointed Cotleur & Hearing, Inc. to act as authorized agent on his/her behalf to accomplish the above project. Name of O er: Downtown at the Gardens Associates Ltd Sign; of Owner By: 1� ' tle 11 61 Lake Victoria Gardens Ave Palm Beach Gardens, FL 33410 Street Address City, State, Zip Code P. O. Box City, State, Zip Code 301-816-1555 301-816-1556 Telephone Number Fax Number jberman@bermanenterpdses.com E-mail Address Sworn and subscribed before me this day of J Gt, n ✓y. Notary Public My Commission expires: NOTARY PUBLIC -STATE OF FLORIDA T Bertha Susana Parsons 14- IS Commission # DD973856 Expires: MAR. 23, 2014 BONDED THRU MANTIC BONDING CO3= Applicant's Certification I/We affirm and certify that Uwe understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. UWE further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further, Uwe understand that this application, attachments d application filing fees become a part of the official records of the City of Palm Beach Garder lorida, and are not returnable. Applicant is: Zwner QOptionee OL.essee Agent Contract Purchaser Signature of Jeffrey Befman Print Name of Applicant 11701 Lake Victoria Gardens Avenue Street Address Palm Beach Gardens, FL 33410 City, State, Zip Code 301-816-1555 Telephone Number 301-816-1556 Fax Number jberman@bermanenterpdses.com E-Mail Address Location Map Palm Beach Gardens Growth Management Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 Permit # Financial Responsibility Form The owner understands that all City -incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest -bearing account with any accrued interest to be retained by the City -of -Palm -Beach -Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Growth ManF nt Detiff ame and/or address of the responsible party changes at anytime duriappcess. I10/ Owner si akire ate Jeffrey Berman 52-43-42.06-14-001-OWO Owner printed name Property Control Number DESIGNEE/BILL TO: Downtown at the Gardens Associates LTD 11701 Lake Victoria Gardens Avenue Patin Beach Gardens, FL 33410 Designee Acceptance Signature NOTARY ACKNOWLEDGEMENT STATE OF T ( O rl d c�, COUNTY OF f 4A V^ e-*Q Ck I hereby certify that the foregoing instrument was acknowledged before me this -)56day of TA r.ytx , 20 Jy, by ti Ac-r-r •4 t.�e v vv-g h . He or she is personally known to me or has produced as identification. Notary public signature NOTARY PUBLIC -STATE OF FLORMA Bertha Susana Parsons U $ Gt C3 Cotninissior. #DD973856 'y:,�,` Expires: ✓10�_fA VrS j/I$ MAR. 23, 2014 Printed name Boxnmlxxr,nA.rtc>3aNnAoca,INC State of at -large My Commission expires: 3 Cotleur & HearingLandscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane • Suite 1 • Jupiter, Florida • 33458 • Ph 561.747.6336 • Fax 561.747.1377 • www.cotleurhearing.com • Lic # LC-0000239 Downtown at the Gardens Miscellaneous Petition Justification Statement Introduction On behalf of the applicant and property owner, Downtown at the Gardens Associates, LTD, we are requesting approval of a miscellaneous petition for Downtown at the Gardens to modify the master sign plan. Downtown at the Gardens is located on the northeast corner Alternate A1A and Kyoto Gardens Drive. The purpose of the amendment is to amend the master signage plan for the signs previously approved on the south facade of Building A. Specific Requests and Fees Miscellaneous Petition Project Team PROPERTY OWNER/APPLICANT $1,650.00 AGENT/ PLANNER Downtown at the Gardens Associates, LTD Cotleur & Hearing, Inc. 5410 Edson Lane, Suite 220 1934 Commerce Lane, S. 1 Rockville, MD 20852 Jupiter, FL 33458 (301) 523-3681 (561) 747-6336 x 109 Contact: Jeff Berman Contact: Alessandria Palmer Background This master sign plan was approved by way of Resolution 11, 2012. The subject request inludes changes to the "junior anchors" signage that was originally proposed for the tenants within the center that do not posses a west exposure but remain within a certain proximity to the building. The junior anchor signs for Building A were approved on the north, south, and west facades. The signs are limited to a maximum letter height of 36-inches and a logo of 54-inches. A total of three signs were approved for the south facade. Request The applicant is requesting a miscellaneous petition to modify the master sign plan, specifically the Junior Anchor Tenant ID Signs for Building A (sheet 22.5 and 22.6). The amendment includes relocating the three approved signs on the south facade of Building A from the right to the left side of the facade. The applicant feels that the left location will provide better visibility for those walking and driving in the parking lot areas. There is no change to the size of the signs with this request. All other requirements will remain the same, besides the sign locations on the south facade. Downtown at the Gardens MINCOamou5 P@tition €b N 00=1005:01 Januory 21, 2014 Conclusion The applicant is requesting a miscellaneous petition to modify the master sign plan for Downtown at the Gardens. The request is to amend the master sign plan for the south facade of Building A. The requested modifications are consistent with the City Land Development Regulations, the Comprehensive Plan of Palm Beach Gardens, and the Regional Center PCD. We are looking forward to working closely with staff throughout the review process for this request. -2- Cotleur & HearingLandscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane • Suite 1 • Jupiter, Florida 33458 • Ph 561,747.6336 • Fax 561.747.1377 • www.cotleurhearing.com • Lic # LC-0000239 Downtown at the Gardens Miscellaneous Petition Justification Statement Introduction On behalf of the applicant and property owner, Downtown at the Gardens Associates, LTD, we are requesting approval of a miscellaneous petition for Downtown at the Gardens to modify the master sign plan. Downtown at the Gardens is located on the northeast corner Alternate A1A and Kyoto Gardens Drive. The purpose of the amendment is to amend the master signage plan for the signs previously approved on the south fagade of Building A. Specific Requests and Fees Miscellaneous Petition Project Team PROPERTY OWNER/APPLICANT $1,650.00 AGENT/ PLANNER Downtown at the Gardens Associates, LTD Cotleur & Hearing, Inc. 5410 Edson Lane, Suite 220 - 1934 Commerce Lane, S. 1 Rockville, MD 20852 Jupiter, FL 33458 (301) 523-3681 (561) 747-6336 x 109 Contact: Jeff Berman Contact: Alessandria Palmer Background This master sign plan was approved by way of Resolution 11, 2012. The subject request inludes changes to the "junior anchors" signage that was originally proposed for the tenants within the center that do not posses a west exposure but remain within a certain proximity to the building. The junior anchor signs for Building A were approved on the north, south, and west fagades. The signs are limited to a maximum letter height of 36-inches and a logo of 54-inches. A total of three signs were approved for the south fagade. Request The applicant is requesting a miscellaneous petition to modify the master sign plan, specifically the Junior Anchor Tenant ID Signs for Building A (sheet 22.5 and 22.6). The amendment includes relocating the three approved signs on the south fa�acle of Building A from the right to the left side of the facade. The applicant feels that the left location will provide better visibility for those walking and driving in the parking lot areas. There is no change to the size of the signs with this request. All other requirements will remain the same, besides the sign locations on the south facade. Downtown at the Gardens Mi3�@Ilan@®u� �@titi�fl 0b # 00=1005A Jdnw@ry 21, 2014 Conclusion The app►icant is requesting a miscellaneous petition to modify the master sign plan for Downtown at the Gardens. The request is to amend the master sign plan for the south fagade of Building A. The requested modifications are consistent with the City Land Development Regulations, the Comprehensive Plan of Palm Beach Gardens, and the Regional Center PCD. We are looking forward to working closely with staff throughout the review process for this request. -2- 1 RESOLUTION 11, 2012 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A PLANNED 6 COMMUNITY DEVELOPMENT (PCD) AMENDMENT TO REVISE THE 7 APPROVED MASTER SIGN PLAN AND TO ADD NEW AND MODIFY 8 EXISTING DIRECTIONAL, WAY -FINDING, AND IDENTITY SIGNAGE; 9 DOWNTOWN AT THE GARDENS IS LOCATED NORTH OF KYOTO 10 GARDENS DRIVE, EAST OF ALTERNATE A1A, SOUTH OF 11 GARDENS PARKWAY, AND WEST OF THE LANDMARK AND 12 GARDENS POINTE DEVELOPMENTS, AS MORE PARTICULARLY 13 DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING 14 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; 15 AND FOR OTHER PURPOSES. 16 17 18 WHEREAS, the City Council, as the governing body of the City of Palm Beach 19 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 20 Statutes, and the City's Land Development Regulations, is authorized and empowered 21 to consider petitions related to zoning and land development orders; and 22 23 WHEREAS, the City Council adopted Ordinance 10, 1995 approving an 24 amendment to the Future Land Use designation of the Downtown at the Gardens parcel 25 from Residential Medium (RM) to Professional Office (PO); and 26 27 WHEREAS, the City Council adopted Resolution 91, 2003 approving the site 28 plan for Downtown at the Gardens, which included 26,000 square feet of neighborhood 29 commercial, 220,745 square -feet of retail/restaurant, 67,690 square feet (up to 3,220 30 seats) of cinema, and 20,000 square -feet of professional office, and provided nine (9) 31 development waivers; and 32 33 WHEREAS, on December 18, 2003, the City Council approved Resolution 212, 34 2003, which amended the original master sign plan, including architectural changes, 35 and approved waivers related to wall signage; and 36 37 WHEREAS, on August 1, 2005, the City Council approved ADMIN-05-06- 38 000011, which altered the sign aesthetics to complement the architectural changes; and 39 40 WHEREAS, on September 29, 2005, City Council approved Resolution 120, 41 2005, which further amended the master sign plan, increasing the number of tenant 42 signs and increasing the size of the movie theatre sign by revising three (3) previously 43 approved sign waivers; and 44 45 46 Page 1 of 5 Resolution 11, 2012 WHEREAS, on February 1, 2007, City Council approved Resolution 8, 2007, which authorized the Cobb Theatre sign to exceed the maximum copy area requirement for a principal wall tenant sign; and WHEREAS, on December 10, 2010, the City granted an administrative approval (ADMN-10-11-000383) amending the master sign plan to allow additional "Boulevard" identification signage and directional signage within the interior of the site; and WHEREAS, on January 13, 2012, the City granted an administrative approval (ADMN-10-11-000427) for the multi -color horizontal fabric sails/canopies, wall -mounted courtyard frames, decorative planting pots, outdoor furniture, and landscape modifications to various walkways, including between Z Gallery and Wholefoods Market; and WHEREAS, the subject site is currently zoned Professional Office (PO) and Commercial General (CG-1) / Planned Community Development (PCD) / DRI zoning Overlay and has a future land -use designation of Professional Office (PO); and WHEREAS, the Planning and Zoning Department has reviewed the application, has determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens reviewing agencies and staff; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The application is hereby APPROVED for an amendment to the Downtown at the Gardens site plan to revise the approved master sign plan subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by resolution for the real property described as follows: (See Exhibit "A" for Legal Description) 44 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 45 APPROVES the following twelve (12) waivers: 46 Page 2 of 5 Resolution 11, 2012 1 1. Section 78-285, Table 24, Permanent signs, to allow a maximum ground sign 2 height of 16 feet 4 inches (primary sign located at the northwest corner of Alternate 3 AM and Kyoto Gardens Drive). 4 5 2. Section 78-285, Table 24, Permanent signs, to allow a maximum ground sign 6 height of 11 feet 7 inches (secondary signs). 7 8 3. Section 78-285, Table 24, Permanent signs, to allow the landscape area around 9 the ground sign area to be less than the height of the ground sign (Kyoto Gardens 10 Drive and Lake Victoria Gardens). 11 12 4. Section 78-285, Table 24, Permanent signs, to allow the landscape area around 13 the ground sign area to be less than the height of sign (Altemate AM and the 14 western entrance). 15 16 5. Section 78-285, Table 24, Permanent signs, to allow a maximum height of 8 feet 7 17 inches for building directional signs (vehicular directional signs). 18 19 6. Section 78-285, Table 24, Permanent signs, to allow a maximum copy area for 20 building directional signs (vehicular directional signs). 21 22 7. Section 78-285, Table 24, Permanent signs, to allow a maximum copy area for 23 building directional signs (column directional signs). 24 25 8. Section 78-285, Table 24, Permanent signs, to allow a maximum height area for 26 building directional signs (column directional signs). 27 28 9. Section 78-285, Table 24, Permanent signs, to allow a maximum copy area for 29 building directional signs (carousel directional signs). 30 31 10. Section 78-285, Table 24, Permanent signs, to allow a maximum height area for 32 building directional signs (carousel directional signs). 33 34 11. Section 78-285, Table 24, Permanent signs, to allow a maximum principal wall sign 35 for the project identification and parking garage ID logo/sign. 36 37 12. Section 78-285, Table 24, Permanent signs, to allow the parking garage ID 38 logo/sign on an accessory structure. 39 40 SECTION 4. This approval is subject to the following conditions, which shall be 41 the responsibility of and binding upon the Applicant, its successors, or assigns: 42 43 1. All signs that are being replaced and/or any new signage that is provided shall 44 require a building permit. (Development Compliance Division) 45 46 Page 3 of 5 Resolution 11, 2012 2. The wall signs previously granted by Resolution 212, 2003 shall be permitted only in the location and color palette as displayed on the Downtown at the Gardens wayfinding exhibits of the subject petition. The maximum letter size for any of these seven (7) tenant wall signs shall be 36 inches and shall be permitted for any tenant on the Downtown at the Gardens site, so long as a unity of title remains in place for the project. No off -site signs shall be permitted. A total amount of seven (7) tenant signs shall be permitted at any given time. 3. The two (2) additional principal wall signs approved through waiver 11 as listed in subsection three (3) above are for Project Identification signage only. No tenant names shall be permitted. 13 4. The proposed parking garage sign approved through waiver 12 as listed in 14 subsection three (3) above shall be for the proposed Parking Garage sign only. 15 No tenant or event signage shall be permitted on any accessory structure in 16 accordance with the City's Land Development Regulations. 17 18 SECTION 5. This petition is approved subject to strict compliance with the 19 Exhibits listed below, which are attached hereto as Exhibit "6": 20 21 1. Downtown at the Gardens - Wayfinding, prepared by Blank, Inc., dated January 22 12, 2012, Sheets 2 through 47 (revised dates on certain sheets in package also 23 reflect August 15, 2011, November 28, 2011). 24 25 2, Downtown at the Gardens - Wayfinding, prepared by Blank, Inc., dated January 26 17, 2012, Sheets L-1 through L-1.2 27 28 3. Downtown at the Gardens - Gateway sign landscape plan, prepared by Cotleur 29 and Hearing, dated 10-05-11, Sheets 1 through 4. 30 31 SECTION 6. This approval shall be consistent with all representations made by 32 the Applicant or the Applicant's agent at any public hearing. 33 34 SECTION 7. This Resolution shall become effective immediately upon adoption. 35 36 37 38 (The remainder of page intentionally left blank) 39 40 41 42 43 44 45 46 Page 4 of 5 Resolution 11, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this r A° day of feetr!..►a , 2012. ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM LEGAL SUFFICIENCY / BY: R. Ma J VOTE: MAYOR LEVY , City Attorney VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN COUNCILMEMBER TINSLEY CITY OF PALM BEACH GARDENS, FLORIDA BY: "rf 12 avi evy, klayor AYE NAY ABSENT m G:lattomey_share\RESOLUTIONS120121Resolution 11 2012-DTAG wayfinding signs.doex Page 5 of 5 Approved Tenant Wall Signs on Building A DOWNTOWN AT THE GARDENS - WAYFINDING o%ox l Dm# 0ale:0i.2mi DEMNIV, 00RAAle"iKMC Shoot Revlwd:08.1&11,01.12.12 Design Specifications JUNIOR ANCHOR TENANT ID SIGNS SOUTH ELEVATION - BUILDING A ommorrr &w-",EGARDENS-WAYFINDING I fR :008-Mt 10.04.11,01.12.12 Design Specifications 'Ov�aYo�ItMda�MWprarApn*rk Ny�Ik�rsicAeMpaMemba � Ia�Ybll�d+N+/�«►+ikis+4grrkauer+ew 6reon�r�iaexvtwrrraf (ply Approval: Previously Issued (Resol131ion 212, 2003 ) F Secake FBCtO4L, I'S R G i mo Eau x South Elevation, Building A NOM JUNIOR ANCHOR TENANT ID SIGNS 1: SEVEN (7) SIGNS TOTAL APPROVED To BE LOCATED ON ANY MATION Of BUhDING A, INCLUDING 2 M aM SIGNS 2: ANY TENANT ON PROPERLY To m PERMnm TO UTIU26 ONE OF SEVEN (7) SIGNS ON SUILDING A � � A 3: SEM (T) SIGNS MAY BE A MAXMM OF 36' IN LETIER HEIGHT, UNLESS iolt � CAIOr � Ct � artloiNRy � PEPMITTED @Y WAIVER Of Mhd juow anow wot Swiw vigrar (Otfa I kin kwiY#VPwwrME.5m wwwwdbdpMh ftwtot* I A . FAEADF- , 1,982 SF SDI AREA: 617 SF 31% x 1,,-4msecakeFactory� x r—f f1tl� !y(1 �ryWC�r ff MALDI.S��� --------------------- CgWa .Wrar 4Nwaft-wrrorir Approved Tenant Wall Signs on Building A Page 2 RESOLUTION 23, 2014 i A A .• A l. •. S A A . A t • t t 1• A * A / A i • 1 t i i• A • i 0 WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City's Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City Council adopted Ordinance 10, 1995, amending the future land - use designation of the Downtown at the Gardens (DTAG) parcel from Residential Medium (RM) to Professional Office (PO); and WHEREAS, the City Council adopted Resolution 91, 2003, approving the DTAG site plan, which included 26,000 square feet of neighborhood commercial, 220,745 square feet of retail / restaurant, 67,690 square feet (up to 3,220 seats) of cinema, and 20,000 square feet of professional office; and WHEREAS, the City Council adopted Resolution 212, 2003 to amend the master sign plan, including architectural changes, and approved two (2) waivers to allow additional wall signs and to permit one (1) principal tenant wall sign to have 42-inch letters; and WHEREAS, the City Council adopted Resolution1 • .•• and modify Crectional,• • and identity signage throughout the site; and WHEREAS, DTAG is currently zoned Planned Community Development (PCD) Overlay, is located within the Regional Center PCD, and has future land -use designations of Professional Office (PO) and Commercial (C) with an approved Master Plan; and WHEREAS, the Planning and Zoning Department has reviewed the application, has determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval; and 42 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its 43 March 12, 2014, meeting and recommended approval of the subject petition (MISC-14-01- 44 000098) by a vote of 5 to 0; and 45 46 47 48 Resolution 23, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens reviewing agencies and staff; and WHEREAS, the City Council deems approval of this Resolution to be in the best interest of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The application is hereby APPROVED for an amendment to the Downtown at the Gardens Planned Community Development (PCD) Master Sign Plan to change the location of three (3) tenant wall signs from the right side to the left side of the south elevation of Building A, which are in addition to the general requirements otherwise provided by resolution for the real property described as follows. - (See Exhibit "A" for Legal Description) SECTION 3. This approval is subject to the following conditions, which shall be the responsibility of and binding upon the Applicant, its successors, or assigns: Planning and Zoning 1. Prior to the issuance of the Certificate of Completion for the proposed sign, an inspection is required by Development Compliance. (Planning and Zoning) 2. The three (3) tenant wall signs shall be strictly limited to the exhibits approved with the subject petition. (Planning and Zoning) SECTION 4. This petition is approved subject to strict compliance with the Exhibits listed below, which are attached hereto and made a part hereof as Exhibit "B": 1. Proposed Junior Anchor Tenant ID Signs — Design Specifications, Sheet No. 22.5, prepared by Cotleur and Hearing, Inc., dated January 20, 2014. 2. Proposed Junior Anchor Tenant ID Signs — Design Specifications, Sheet No. 22.6, prepared by Cotleur and Hearing, Inc., dated January 22, 2014. SECTION 5. All representations made by the Applicant or the Applicant's agent at any public hearing regarding this application are specifically incorporated herein, and this approval is granted subject to same. SECTION 6. This Resolution shall become effective immediately upon adoption. Page 2 of 3 Resolution 23, 2014 1 PASSED AND ADOPTED this day of , 2014. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 BY: 8 , Mayor 9 10 ATTEST: 11 12 13 BY: 14 Patricia Snider, CMC, City Clerk 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 R. Max Lohman, City Attorney 23 24 25 26 27 VOTE: AYE NAY ABSENT 28 29 MAYOR 30 31 VICE MAYOR 32 33 COUNCILMEMBER 34 35 COUNCILMEMBER 36 37 COUNCILMEMBER 38 39 40 41 42 43 44 45 46 47 48 G:\attorney_share\RESOLUTIONS\2014\Resolution 23 2014- DTAG Signage Amendment.docx Page 3of3 Resolution 23, 2014 EXHIBIT "A" LEGAL DESCRIPTION LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING A PLAT OF DOWNTOWN AT THE GARDENS AND LANDMARK, AS RECORDED IN PLAT BOOK 101, PAGES 12 THROUGH 15, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 53.39 ACRES, MORE OR LESS. TOGETHER WITH: A PARCEL OF LAND LYING IN AND BEING A PORTION OF THE EXISTING RIGHT- OF-WAY OF KYOTO GARDEN DRIVE AS RECORDED IN OFFICIAL RECORD BOOK 8292, PAGE 1543, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT "A", DOWNTOWN AT THE GARDENS AND LANDMARK AS RECORDED IN PLAT BOOK 101, PAGES 12 THROUGH 15, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID KYOTO GARDENS DRIVE; THENCE SOUTH 58142'07" EAST, A DISTANCE OF 42.25 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 614.12 FEET, A CENTRAL ANGLE OF 36006'04" AND WHOSE CHORD BEARS SOUTH 84001'00" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 386.95 FEET; THENCE NORTH 24053'30" EAST ALONG A LINE BEING ON THE SOUTHERLY PROPERTY LINE OF SAID TRACT "A" AND THE NORTHERLY RIGHT-OF-WAY LINE OF SAID KYOTO GARDENS DRIVE, A DISTANCE OF 29.75 FEET TO A POINT ON SOUTHERLY PROPERTY LINE OF SAID TRACT "A" BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID KYOTO GARDENS DRIVE, SAID POINT BEING A POINT ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 643.87 FEET, A CENTRAL ANGLE OF 38052'31" AND WHOSE CHORD BEARS NORTH 85021'51" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, BEING THE SOUTHERLY PROPERTY LINE OF SAID TRACT "A" AND THE NORTHERLY RIGHT-OF-WAY LINE OF SAID KYOTO GARDENS DRIVE, A DISTANCE OF 436.87 FEET TO THE POINT OF BEGINNING. CONTAINING 0.281 ACRES OR 12,257 SQUARE FEET, MORE OR LESS. Resolution 23, 2014 EXHIBIT "B" DOWNTOWN AT THE GARDENS - WAYFiNDING DESIGN BY: COTI_EW & ;-TEARING, ;NC. Sheet Revised: 08.15.11, 01.12. i 2 , J 1.2J.1 *The detalis contained on this page are approximate Alispecifications including measurementg colom messaging, location, positioning and anyothersignage features must be confirmed to ensure accuracy. (�ees�cake� 311�R cis at+a louk� :•��IMA�p��s� LW z e - SOUTH ELEVATION — BUILDING A .� Design Specifications PROPOSED JUNIOR ANCHOR TENANT ID SIGNS DOWNTOWN AT THE GAMENS - VlAYFINDING DESIGN BY: CO-LEUR & HEARING, INC. *The details contained on this page areapproximate. All specifications Including measurements, colors, messaging, location, positioning and any other signage features must be confirmed to ensure accuracy. City Approval: Previously Issued (Resolution 212, 2003) 36"M&IrecakeFCtorV- a 36% 60" 48 111, S J p p I R CLUB AND Low24 South Elevation, Building A Odgi%Gl Draff Date: 04,20.11 Sheet Revised:08.16.11, 10.04.11,ui.12 J2,(-i. )2.:t1 D 51 t 1 SpCI cut1Ur1S NOTE: . PROPOSED JUNIOR ANCHOR TENANT ID SIGNS 1: SEVEN (7) SIGNS TOTAL APPROVED TO BE LOCATED ON ANY ELEVATION OF BUILDING A, INCLUDING 2 EXISTING SIGNS 2: ANY TENANT ON PROPERTY TO BE PERMITTED TO UTILIZE ONE OF SEVEN (7) SIGNS ON BUILDING A 3: SEVEN (7) SIGNS MAY BE A MAXIMUM OF 36" IN LETTER HEIGHT, UNLESS PERMITTED BY WAIVER FACADE: 1,982 SF SIGN AREA: 617 SF 31% -12' eesecake Factoryl- 24" 3411 PPE---L--------iSU_ _� Ie AND 10 NGE 48. 24" 19' r I1�AI,DI' : 60 R _cO CHICK•-0YE i PiN ti ' ---------- 4r - ------------ 24" --- Copy area =23'x4' — — — Copy area = 30'-7" x 4' Description: South Elevation, Building A Individual internally -illuminated channel letters. Font and Color to reflect the nationally recognized trademark of the junior anchor tenant. Scale: 1/10"=1' (page size 1 U17") Scale is approximate. Site measurements and height requirements need to be confirmed. - - - Copy area=16'-3" x 5'-5" CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 3, 2014 Resolution 26, 2014 Subject/Agenda Item: City Council consideration of certain infrastructure improvements for properties along Sunset Drive, 40t" Terrace North and Brenna Lane pursuant to the City Neighborhood Improvement Assessment Program (NIAP) and adoption of an associated special assessment. [XI Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Engineering (Total) City Att [ ] Approved $ 0 Current FY [ ] Approved w/ Conditions Engle, P. E. eity Engineer R. Max I.Ahman, Esq. [ ] Denied Advertised: NA Funding Source: Finance mi istrator [ ]Continued to: Date: [ ] Operating Attachments: Allan Owens Paper: [x ] Other Resolution 26, 2014 - Exhibit "A": Report of Cost for [ x ] Not Required Infrastructure Improvement Options Contract/Agreement: - Exhibit "B": Map of Affected Parcels Effective Date: N/A Submitted by: Expiration Date: N/A Dep rtmen irector J. E. 5-o­ugh-ne—y--,ff Deputy City Manager Affected parties [ ] Notified Budget Acct.#: Approved by: City ger [ x ] Not required Ron d M. rris Meeting Date: April 3, 2014 Resolution 26, 2014 Page 2 of 2 BACKGROUND: The neighborhood adjacent to Sunset Drive, 40t" Terrace North, and Brenna Lane was originally developed as the Kramer Subdivision and has no development approval or recorded plat, nor does the Palm Beach County Building Division have any records of initial development. These parcels consist of mainly duplexes with some single- family homes and multiple -family dwelling units as well. The subject parcels were annexed into the City in 2002 via Ordinance 31, 2002. All the homes are served by private water wells and septic systems, except for a few units to the north which are served by public water. Homeowners within this area have expressed an interest for public water and sewer services as well as roadway improvements. Per their request, the City adopted a Neighborhood Improvement Assessment Program (NIAP) via Resolution 21, 2013 to provide a funding mechanism and assessment program for the construction of improvements in such areas. Per the requirements in the City's NIAP, the City has taken the following actions: 1. Conducted an initial petition to determine property owner interest for water, sewer, and roadway improvements — October 4, 2012. 2. Completed a survey and full construction plans for roadway, water, and sewer improvements for the subject parcels — November 2013. 3. Obtained costs to construct the improvements — November 1, 2013. 4. Conducted a final petition of the property owners to identify the proposed cost to them if the City Council implements the NIAP — January 2, 2014. 5. Hosted a public information meeting for all affected property owners to discuss the construction of water, sewer, and roadway improvements; the timeline for such construction; traffic maintenance during construction; and pertinent financial assessment information for the properties which may be subject to a special assessment for the improvements — March 24, 2014. In accordance with the City's NIAP, City council shall adopt a resolution confirming the infrastructure to be installed for this project, if any. The four (4) options for the infrastructure improvements are listed below: 1. No improvements 2. Water only 3. Water and roadway only 4. Water, sewer, and roadway Attached to this Resolution as Exhibit "A" is a Report of .Cost for each of the options that may be constructed. Exhibit "A" includes the overall cost of the project as outlined in the City's NIAP and the annual installments which will be assessed for a period of 20 years. Attached to this Resolution as Exhibit "B" is a map of the affected parcels which identifies the areas to be assessed. STAFF RECOMMENDATION: Staff recommends approval of Resolution 26, 2014 as directed by City Council. 1 RESOLUTION 26, 2014 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING CERTAIN 6 INFRASTRUCTURE IMPROVEMENTS FOR PROPERTIES 7 LOCATED ON SUNSET DRIVE, 407H TERRACE NORTH, AND 8 BRENNA LANE PURSUANT TO THE CITY NEIGHBORHOOD 9 IMPROVEMENT ASSESSMENT PROGRAM (NIAP) AND ADOPTION 10 OF AN ASSOCIATED PRELIMINARY SPECIAL ASSESSMENT; 11 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 12 13 14 WHEREAS, residents of Sunset Drive, 40th Terrace North, Brenna Lane have 15 expressed interest in the construction of public water, road improvements, and sanitary 16 sewer infrastructure in their neighborhood as indicated by an initial petition from the 17 neighborhood; and 18 19 WHEREAS, the City conducted a survey and commissioned full construction 20 plans for roadway, water, and sanitary sewer improvements in order to ascertain the 21 cost of construction of said improvements; and 22 23 WHEREAS, the City conducted a final poll of the property owners in order to 24 identify the potential cost for each parcel based upon what, if any, improvements are 25 actually constructed, in accordance with the Neighborhood Improvement Assessment 26 Program (NIAP); and 27 28 WHEREAS, the City held a public information meeting on March 24, 2014, in 29 order to answer questions from and discuss with the neighborhood property owners 30 regarding the construction, the construction timeline, traffic maintenance during 31 construction, and pertinent details regarding any potential special assessment 32 necessary to fund the project, and 33 34 WHEREAS, in accordance with NIAP, the City Council has considered 35 neighborhood property owners' comments, questions, and concerns and conducted the 36 necessary public information meetings and public hearings necessary to make a 37 determination regarding the construction of the subject improvements; and 38 39 WHEREAS, the City Council of the City of Palm Beach Gardens, having been 40 duly informed and advised, has deemed approval of this Resolution to be in the best 41 interests of the health, safety, and welfare of the residents and citizens of the City of 42 Palm Beach Gardens and the public at large. 43 44 45 46 Page 1 of 3 Resolution 26, 2014 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The City Council hereby authorizes the City Manger to proceed with 7 the implementation and construction of the improvement set forth in Exhibit "A" for the 8 neighborhood and subject area depicted in Exhibit "B", both of which are attached hereto 9 and incorporated herein. The City Manager is further directed to take steps to satisfy all 10 necessary and legal prerequisites to specially assess the properties that will be specially 11 benefitted by the construction of the subject improvements. 12 13 SECTION 3. This Resolution shall become effective immediately upon adoption. 14 15 (The remainder of this page intentionally left blank) 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 3 Resolution 26, 2014 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M. R. Max Lohman, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER day of , 2014. CITY OF PALM BEACH GARDENS, FLORIDA M AYE NAY ABSENT , Mayor G:\attorney_share\RESOLUTIONS\2014\Resolution 26 2014-infrastructure improvements per NIAP.doc Page 3of3 Resolution 26, 2014 EXHIBIT "A" REPORT OF COST FOR INFRASTRUCTURE IMPROVEMENT OPTIONS FOR SUNSET DRIVE, 40TH TERRACE NORTH, AND BRENNA LANE WATER ONLY SUNSET SOFT COSTS DRIVE & 40th TERRACE 7 Survey $10,000 $10,000 $20,000 Administrative Cost $12,485 $7,025 $19,510 Rights of way $0 $0 $0 Legal Advertising $450 $160 $610 Engineering $40,225 $40,225 $80,450 Attorney $15,000 $7,500 $22,500 Subtotal $78,160 $64,910 $143,070 HARD COSTS Water and Fire Flow $341,903 $224,980 $566,883 Includes Road repair and overlay on Sunset Dr $0 $0 $0 Sewer $0 $0 $0 Connection cost (45 Units & 16 Units)* $157,500 $56,000 $213,500 Subtotal $499,403 $280,980 $780,383 Contingency (8%) $39,952 $22,478 $62,431 TOTAL $617,515 $368,368 $985,883 *Approximate connection fees based on duplex with one meter: *Properties larger than a duplex and/or require additional meters may incur additional fees: Water connection cost $3,500. Water Cost # of Parcels Estimate per Parcel Combined 20 Year - Annual Payment per parcel $985,882.88 60 Cost Per Year per parcel $16,431 Monthly Cost Combined $1,318.50 $109.87 Note: Interest was calculated based on 5% per Palm Beach County recommendation. WATER AND ROADWAY SUNSET DRIVE, 40th TERRACE NORTH & BRENNA LANE SOFT COSTS Survey $11,000 $11,000 $22,000 Administrative Cost $22,500 $17,500 $40,000 Rights of way $0 $0 $0 Legal Advertising $450 $350 $800 Engineering $42,000 $42,000 $84,000 Attorney $17,500 $10,000 $27,500 Subtotal $93,450 $80,850 $174,300 HARD COSTS Roadway $414,770 $189,550 $604,320 Water and Fire Flow $272,603 $155,680 $428,283 sewer $0 Connection cost (45 Units & 16 Units)* $157,500 $56,000 $213,500 Subtotal $844,873 $401,230 $1,246,103 Contingency (10%) $84,487 $40,123 $124,610 TOTAL $1,022,810 $522,203 $1,545,013 *Approximate connection fees based on duplex with one meter: *Properties larger than a duplex and/or require additional meters may incur additional fees: Water connection cost $3,500 Water and Road Cost # of Parcels Estimate Proposed Assessment 20 Year - Annual Payment per parcel $1,545,012.97 Cost Per Year Per Parcel 61 $25,328.08 Monthly Cost Combined $2,032.39 $169.37 Note: Interest was calculated based on 5% per Palm Beach County recommendation. WATER, SEWER AND ROADWAY SUNSET DRIVE, 40th TERRACE NORTH & BRENNA LANE SOFT COSTS Survey $12,000 $12,000 $24,000 Administrative Cost $25,000 $20,000 $45,000 Rights of way $0 $0 $0 Legal Advertising $450 $350 $800 Engineering $42,500 $42,500 $85,000 Attorney $20,000 $12,500 $32,500 Subtotal $99,950 $87,350 $187,300 HARD COSTS Roadway and curb $414,770 $189,550 $604,320 Water and Fire Flow $272,603 $155,680 $428,283 sewer $472,500 $363,950 $836,450 Connection cost (45 Units & 16 Units)* $265,500 $94,400 $359,900 Subtotal $1,425,373 $803,580 $2,228,953 Contingency (10%) $142,537 $80,358 $222,895 TOTAL 1,667,860 971,288 2,639,148 *Approximate connection fees based on duplex with one meter: *Properties larger than a duplex and/or require additional meters may incur additional fees: Water onetime connection cost $3,500 Sewer onetime connection cost $2,400 Water, Sewer and Roadway Cost # of Parcels Estimate Proposed assessment 20 Year - Annual Payment per parcel $2,639,147.97 Cost Per Year per parcel 61 $43,265 Monthly Cost Combined $3,471.67 $289.31 Note: Interest was calculated based on 5% per Palm Beach County recommendation. Resolution 26, 2014 EXHIBIT "B" MAP OF AFFECTED PARCELS TrluAilla _f k _ �Lu y ,R ■ 4�Y •' We ■ r 2 SUBJECT AREA Mid M W �'• � � �- -•, � � � �� � it low �f RioAft r A k ' SUBJECT AREA MAP EXHIBIT B f ® A -- -� YW �C V•i 6011YQnF'� WU1C0■POiaT£J P9G c—led Mamh AS. 20 U CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 3, 2014 Ordinance 6, 2014 Subject/Agenda Item: First Reading: Amending Chapter 26. Elections. at Section 26-8. Initiative and Referendum. by repealing Subsection (g) and readopting same, as revised, in accordance with Section 163.031, Florida Statutes. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney City Attorney 0 (Total [ ] Approved [ J Approved w/ a o man, Esq. City Attorney $ 0 Current FY Conditions [ ]Denied R. a mean, Funding Source: [ ]Continued to: Advertised: Finance Administrator _iAp �f'"' ` Date: [ ] Operating Attachments: ` Paper: [ ] Other Ordinance 6, 2014 Ilan Owens [ X ] Not Required Contract/Agreement: Effective Date: N/A Expiration Date: N/A Submitted by: De M.for V. Max Lohman, Esp. City Attorney Affected parties [ ] Notified Budget Acct.#: Approved by: City M ager my X ] Not required Rona d . F rris Meeting Date: April 3, 2014 Ordinance 6, 2014 Page 2 • 2 BACKGROUND: This Ordinance will amend Chapter 26. Elections. at Section 26-8. of the City Code of Ordinances in order to revise the percentage of registered voter signatures necessary to place a citizens' initiative on the ballot from fifteen (15) percent to ten (10) percent in conformance with Chapter 163, Florida Statutes, and will read as follows: (g) Verification. A petition deemed by the clerk to be sufficient as to form, content, and circulator affidavits shall be promptly delivered to the supervisor for verification of signatures pursuant to F.S. § 99.097. The petitioners' committee shall -pay the supervisor the fee for verification as required by F.S. § 99.097(4). The supervisor shall prepare a certificate, which shall be promptly delivered to the clerk, stating the number of signatures checked, the number verified to be registered electors of the city, and the number of signatures determined not to be of registered electors of the city. Upon receipt of the certificate, the clerk shall compare the number of verified signatures to the number equal to 45 ten percent of the qualified electors of the city as of the last regular city election, and if the number of verified signatures exceeds the requisite number, the clerk shall issue a certificate of sufficiency, and transmit a copy by registered mail to the petitioners' committee, and deliver a copy of the certificate and the proposed ordinance or the ordinance to be repealed to the members of the city council. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 6, 2014 as presented on first reading. ORDINANCE 6, 2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. AT SECTION 26-8. INITIATIVE AND REFERENDUM. BY REPEALING SUBSECTION (g) AND READOPTING SAME, AS REVISED, IN ACCORDANCE WITH SECTION 163.031, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 26. ELECTIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council desires to amend Chapter 26. Elections. at Section 26-8. of the City Code of Ordinances in order to revise the percentage of registered voter signatures necessary to place a citizens' initiative on the ballot from fifteen (15) percent to ten (10) percent in conformance with Chapter 163, Florida Statutes; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Chapter 26. Elections. of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 26-8. Initiative and Referendum. by repealing subsection (g) and readopting same, as revised, in order to revise the percentage of registered voter signatures necessary place a citizens' initiative on the ballot in conformance with state statutes, providing that Section 26-8 shall hereafter read as follows: Sec. 26-8. Initiative and referendum. (a) — (f) (These subsections shall remain in full force and effect as previously adopted.) Page 1 of 3 Ordinance 6, 2013 1 (g) Verification. A petition deemed by the clerk to be sufficient as to form, content, and 2 circulator affidavits shall be promptly delivered to the supervisor for verification of 3 signatures pursuant to F.S. § 99.097. The petitioners' committee shall pay the 4 supervisor the fee for verification as required by F.S. § 99.097(4). The supervisor shall 5 prepare a certificate, which shall be promptly delivered to the clerk, stating the number 6 of signatures checked, the number verified to be registered electors of the city, and the 7 number of signatures determined not to be of registered electors of the city. Upon 8 receipt of the certificate, the clerk shall compare the number of verified signatures to the 9 number equal to 4-5 ten 10 percent of the qualified electors of the city as of the last 10 regular city election, and if the- number of verified signatures exceeds the requisite 11 number, the clerk shall issue a certificate of sufficiency, and transmit a copy by 12 registered mail to the petitioners' committee, and deliver a copy of the certificate and the 13 proposed ordinance or the ordinance to be repealed to the members of the city council. 14 15 (h) — Q) (These subsections shall remain in full force and effect as previously 16 adopted.) 17 18 SECTION 3. All ordinances or parts of ordinances in conflict be and the same 19 are hereby repealed. 20 21 SECTION 4. Should any section or provision of this Ordinance or any portion 22 thereof, any paragraph, sentence, or word be declared by a Court of competent 23 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 24 this Ordinance. 25 26 SECTION 5. Specific authority is hereby given to codify this Ordinance. 27 28 SECTION 6. This Ordinance shall become effective immediately upon adoption. 29 30 31 (The remainder of this page intentionally left blank) 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 3 Ordinance 6, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this day of PASSED AND ADOPTED this second and final reading. CITY OF PALM BEACH GARDENS BY: Mayor Vice Mayor Councilmember Councilmember Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney 2014, upon first reading. day of , 2014, upon FOR AGAINST ABSENT GAattorney_share\ORDINANGES\2014\Ordinanee 6 2014 - Initiative Percentage.docx Page 3 of 3 M 0 -2-000 Election Year Sections on Ballot Results Charter review Section 4-1 Qualifications for City Council For: 3,754 Committee 1996 Provide candidates be electors of the city Against: 340 Members Lynn Hawkins Section 6-1, 6-2, 6-3, 6-4 City Manager & City Attorney For: 3,084 Revise appoint. & removal of City Manager and Attorney Against: 85 Steve Mathison Gary Fields Section 7-1 Merit System For: 2,547 Reorganize merit system Against: 1,301 Thomas Baird Lee Evett Section 8-1 Separation of Powers For: 2,509 Repeal Council's power to establish salary, benefits Against: 1,318 Richard Bennewitz Section 22-1 City Charter Review For: 3,074 Require periodic review of Charter Against: 774 Linda Kosier Charter review Section 6-1 Administration as Council -Manager Gov't For: 1.034 Committee 2003 Clarify City Manager's Role Against: 2,757 Members Jonathan Gerber Section 6-2 For: 84 Clarify City Attorney be appointed by City Manager Against: 2,967 Leonard Rubin Phil Lydon Section 7-2 Personnel System For: 1,365 Eliminate personnel changes to be changed by Ordinance Against: 2,434 Gary Fields Steve Mathison Section 8-1 For: 1,604 Delete section. City Manager hire Dept. Heads Against: 2,186 Allen Lavin Richard Section 9-1 For: 1,946 Gruenwald Clarify the Mayor's role as head of City Gov't. Against: 1,844 Sections 18-1 and 18-4 For: 1,844 Delete section — inconsistent with F.S. re: publication of Against: 2,022 ordinances Charter review Committee 2005 NO ITEMS PLACED ON BALLOT Members Paul Auerbach Section Reviewed Thomas Baird Section 1-1, 1-2, & 1-3 Ordinances preserved, Rights of Discussed — no officers and employees, Pending matters. action taken Terry Brady Section 2-1 Boundaries Passed 6-2 Abandon issue of districting David Clark Section 3-1 Form of Government Passed 6-2 No strong Mayor Gary Fields Warren Freedman Section 4-1 Election; Terms, General Elections; Filing Fees; Discussed — no Notice; Runoff Elections action taken Tim Frohling Section 4-2 Oath of office. Discussed — no action taken Don Kiselewski Section 4-3 Organization meeting Discussed — no action taken Leonard Rubin Section 4-4 Vacancy Discussed — no action taken Section 4-5 Compensation... Not discussed Section 5-1 Authority Under State Law Discussed — no action taken Section 5-2 Specific Powers Discussed — no action taken Section 6-1 City Manager Passed 6-1 Create standard line of succession Add language — Council will review complaints against the Failed 4-3 City Manager within 15 days Section 6-1 City Manager (c) (2) Passed 8-0 Change the wording from prepare and submit an annual budget to the city council for its consideration to: consideration and approval Section 6-1 City Manager (c) (4) Passed 8-0 Delete phrase which reads — to keep city council fully advised as to the financial condition and needs of the City and to submit for its consideration an annual budget. Reason: phrase is already covered in Section 6-1 (c) (2) Section 6-1 City Manager (c) (8) Passed 8-0 Include phrase excluding special council in the sentence that reads — to retain such specialized professional services as may be necessary to effectively and efficiently conduct the city's affairs in accordance with State and local laws. Section 6-1 City Manager (e) Passed 8-0 Replace language that states the City Council may suspend or replace the City Manager by resolution with: the City Council may suspend or remove City Manager in accordance with the provisions of his contract. Section 6-1 City Manager (f) Passed 8-0 Move: the City Council may revoke such designation at any time and appoint another officer or employee of the city to serve until the City Manager returns to section 6-1 (e) instead of 6-1 (f) Section 6-2 City Attorney Passed 5-3 Replace language that states: City Attorney or City Manager may appoint special council with new language that reads: the City Attorney may appoint special council Section 6-2 City Attorney (b) (2) Passed 8-0 Delete Section 6-2 (b) (2) which states: appointing such assistant City Attorney to perform the duties of his office as may be approved by the City Manager Section 7-1 Merit System Passed 8-0 Reverse order of Section 7-1 and 7-2 Section 7-2 Personnel System Passed 8-0 Add language consistent with all applicable Federal and State Laws, the City Manager shall provide for creation, regulation and maintenance of the personnel system Section 8-1 Department Heads Passed 5-2 Add language: to appoint all department heads subject to confirmation by City Council Section 8-2 Compensation... Failed 5-2 Motion to have City Council's salary increases by referendum vote. Section 9-1 Powers and Duties of the Mayor Discussed — no action taken Section 9-2 Powers and Duties of the City Clerk Discussed — no action taken Section 9-3 Powers and Duties of the City Treasurer Passed 7-0 Delete obsolete language — no City treasurer Section 10-1 Procedures Discussed — no action taken Section 10-2 Incumbent Officer to turn over records to Discussed — no successor. action taken Section 12-1 Creation of Offices Discussed — no action taken Section 12-2 Bonds of Employees Discussed — no action taken Section 13-1 Annual Audit Not addressed Mandated by Florida Statute Section 15-1 The recall Not addressed Mandated by Florida Statute Section 16-1 initiative and referendum Discussed — no action taken Section 17-1 Elections Not addressed Delete obsolete language Section 17-2 Qualification of Electors Not addressed Mandated by Florida Statute Section 18-1 Meeting and Procedure of City Council Passed 6-1 Delete section — covered in Florida Statutes Section 18-2 Reserved Not addressed Section 18-3 City Council meetings Discussed — no action taken Section 18-4 Posting or publications Ordinances Discussed — Delete obsolete language no action taken Section 18-5 Franchises Not addressed Article XIX — Reserved Article XX — Reserved Article XXI — Reserved Article XXII — Charter Amendment Not addressed Charter review 2012 ITEMS PLACED ON BALLOT R. Max Lohman — Shall the original City Charter, adopted in 1976, be repealed in For: 10,832 as directed by City its entirety and a new City Charter be adopted. Against: 11,360 Council Authorization to Grant Economic Property Tax Exemptions in For: 15,094 accordance with the State Constitution Against: 8,634 ,stmgrak ' ?, o 3 {� /0: 30 CITY OF PALM BEACH GARDENS COUNCIL AGENDA April 3, 2014 7:00 P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. PLEDGE OF ALLEGIANCE H. NATIONAL ANTHEM - PERFORMED BY SAMARA TINSLEY HL ROLL CALL IV. ELECTION• RESOLUTION 12, 2014 - DECLARING RESULTS OF THE MUNICIPAL UU If-0 BEACH A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MARCH 11, 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. ADMINISTER OATH OF OFFICE. V. REORGANIZATION: 1. APPOINTMENT OF MAYOR. 2. APPOINTMENT OF VICE MAYOR. 3. RESOLUTION 13, 2014 - APPOINTMENT OF MAYOR AND VICE MAYOR. A Q� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH S'0 GARDENS, FLORIDA APPOINTING THE MAYOR AND VICE MAYOR FOR THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. rv`°''` 4. APPOINTMENT OF COUNCILMEMBERS TO EXTERNAL BOARDS. -�( I V °.f NAAJ v**-C 5. APPOINTMENT OF COUNCILMEMBERS TO INTERNAL BOARDS. VI. ADDITIONS, DELETIONS, MODIFICATIONS: oss'"f- s-o VH ANNOUNCEMENTS / PRESENTATIONS: a. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AWARD. b. DEPARTMENT OF TRANSPORTATION — PGA BLVD & BEELINE HIGHWAY. c. ALL ABOARD FLORIDA UPDATE. VIII. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: IX. CITY MANAGER REPORT: X. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) XI. CONSENT AGENDA: n_ e a. APPROVE MINUTES FROM MARCH 6, 2014 CITY COUNCIL MEETING. .o Vylo t• b. RESOLUTION 15, 2014 — SETTING THE DATES FOR THE JULY AND AUGUST CITY COUNCIL MEETINGS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST, 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. PURCHASE AWARD: A2014-030FT, FUEL MANAGEMENT SYSTEM UPGRADES. d. PURCHASE AWARD — CAREHERE CONTRACT RENEWAL. j �1e. PURCHASE AWARD FOR ITB2014-033EM, STORM DEBRIS DISPOSAL Ho" SERVICES. f. PURCHASE AWARD ON PIGGYBACK AGREEMENT NO. A2014-032PW, ANNUAL ASPHALT MILLING AND RESURFACING (2014). g. PURCHASE AWARD L2014-0041T FOR LEASE OF MULTIFUNCTIONAL PRINTERS AND COPIERS. h. PURCHASE AWARD FOR ROOF REPLACEMENT, FIRE RESCUE 1, POLICE DEPARTMENT AND RIVERSIDE YOUTH ENRICHMENT CENTER. RESOLUTION 24, 2014 - FRANKLIN ACADEMY PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE FRANKLIN ACADEMY PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 25, 2014 — TIGER GRANT — FEC QUIET ZONE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SUPPORTING THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION'S EFFORTS TO SECURE FEDERAL FUNDING IN THE FORM OF A TRANSPORTATION INVESTMENTS GENERATING ECONOMIC RECOVERY (TIGER) GRANT FOR THE INFRASTRUCTURE TO INCREASE ROAD CROSSING SAFETY AND PROVIDE FOR THE QUIET ZONE IMPROVEMENTS NECESSARY TO INCREASE THE SAFETY IN AREAS WHERE TRAIN HORNS ARE NOT ROUTINELY SOUNDED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. k. PROCLAMATION — PARALYZED VETERANS OF AMERICA AWARENESS MONTH. XH. Pt BLiC HEARINGS: t* Designates Ouasi-dudkial Hearing) a. *RESOLUTION 21, 2014 - PCD AMENDMENT TO MODIFY UTILITY EASEMENTS, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE �a ALTON PLANNED COMMUNITY DEVELOPMENT (PCD) (F.K.A. SCRIPPS o FLORIDA PHASE II/BRIGER TRACT PCD) TO INCORPORATE MODIFICATIONS TO UTILITY EASEMENTS, ROADWAY CROSS SECTIONS AND BUFFERS, LAKES, OPEN SPACE, AND REVISIONS TO CONDITIONS OF APPROVAL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. RESOLUTION 22, 2014 - FRANKLIN ACADEMY ART IN PUBLIC PLACES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH Q GARDENS, FLORIDA APPROVING ART IN PUBLIC PLACES FOR FRANKLIN ACADEMY PLANNED UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. *RESOLUTION 23, 2014 - DOWNTOWN AT THE GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) MASTER SIGNAGE PLAN AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3,0 PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE DOWNTOWN AT THE GARDENS MASTER SIGNAGE PLAN IN ORDER TO MODIFY THE LOCATION OF THREE (3) TENANT WALL SIGNS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d_ RESOLUTION 26, 2014 - IMPROVEMENTS AND ASSESSMENTS FOR SUNSET DRIVE AND 40TH TERRACE PROPERTY OWNERS. A �j RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 5-0 GARDENS, FLORIDA APPROVING CERTAIN INFRASTRUCTURE IMPROVEMENTS FOR PROPERTIES LOCATED ON SUNSET DRIVE, 40TH TERRACE NORTH, AND BRENNA LANE PURSUANT TO THE CITY NEIGHBORHOOD IMPROVEMENT ASSESSMENT PROGRAM (NIAP) AND ADOPTION OF AN ASSOCIATED PRELIMINARY SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. ORDINANCE 6, 2014 — ELECTIONS SECTION 26.8 INITIATIVE AND REFERENDUM. (1sT READING). AN ORDINANCE OF THE CITY COUNCIL OF va_ THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. j0 ELECTIONS. AT SECTION 26-8. INITIATIVE AND REFERENDUM. BY REPEALING SUBSECTION (G) AND READOPTING SAME, AS REVISED, IN ACCORDANCE WITH SECTION 16a031, FLORIDA STATUTES, PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 26. ELECTIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XIII. RESOLUTIONS: XIV. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. CHARTER REVIEW COMMITTEE XV. CITY ATTORNEY REPORT: XVI. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TOD) or 800-955--8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. 7 CITY OF PALM BEACH GARDENS COUNCIL AGENDA April 3, 2014 7:00 P.M. Mayor Premuroso Vice Mayor Jablin Council Member Russo Council Member Tinsley Council Member Levy I. .--PLEDGE OF ALLEGIANCE II. — NATIONAL ANTHEM - PERFORMED BY SAMARA TINSLEY III. --*"ROLL CALL IV. w'ELECTION• a. ✓ RESOLUTION 12, 2014 - DECLARING RESULTS OF THE MUNICIPAL ELECTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM S 0 BEACH GARDENS, FLORIDA DECLARING THE RESULTS OF THE GENERAL ' ELECTION HELD ON MARCH 11, 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. ✓ ADMINISTER OATH OF OFFICE. V. REORGANIZATION: 1. `-APPOINTMENT OF MAYOR. awn T 2. ✓ APPOINTMENT OF VICE MAYOR. �rC/G 3. v RESOLUTION 13, 2014 - APPOINTMENT OF MAYOR AND VICE MAYOR. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH S� �v GARDENS, FLORIDA APPOINTING THE MAYOR AND VICE MAYOR FOR THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 4. S'O APPOINTMENT OF COUNCILMEMBERS TO EXTERNAL BOARDS. ,V U01) 5. APPOINTMENT OF COUNCILMEMBERS TO INTERNAL BOARDS. VI. ✓ADDITIONS, DELETIONS, MODIFICATIONS: VII ✓ANNOUNCEMENTS / PRESENTATIONS: a. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AWARD. f- b. DEPARTMENT OF TRANSPORTATION — PGA BLVD & BEELINE HIGHWAY. c. ALL ABOARD FLORIDA UPDATE. VIII. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: IX. V CITY MANAGER REPORT: X. ✓COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) XI. CONSENT AGENDA: a. APPROVE MINUTES FROM MARCH 6, 2014 CITY COUNCIL MEETING. b. RESOLUTION 15, 2014 — SETTING THE DATES FOR THE JULY AND AUGUST CITY COUNCIL MEETINGS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF REGULAR CITY COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST, 2014; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. PURCHASE AWARD: A2014-030FT, FUEL MANAGEMENT SYSTEM UPGRADES. d. PURCHASE AWARD — CAREHERE CONTRACT RENEWAL. e. PURCHASE AWARD FOR ITB2014-033EM, STORM DEBRIS DISPOSAL SERVICES. stir a,C,dS00 f. PURCHASE AWARD ON PIGGYBACK AGREEMENT NO. A2014-032PW, ANNUAL ASPHALT MILLING AND RESURFACING (2014). g. PURCHASE AWARD L2014-0041T FOR LEASE OF MULTIFUNCTIONAL PRINTERS AND COPIERS. h. PURCHASE AWARD FOR ROOF REPLACEMENT, FIRE RESCUE 1, POLICE DEPARTMENT AND RIVERSIDE YOUTH ENRICHMENT CENTER. i. RESOLUTION 24, 2014 - FRANKLIN ACADEMY PLAT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE FRANKLIN ACADEMY PLANNED UNIT DEVELOPMENT (PUD) PLAT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. j. RESOLUTION 25, 2014 — TIGER GRANT — FEC QUIET ZONE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SUPPORTING THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION'S EFFORTS TO SECURE FEDERAL FUNDING IN THE FORM OF A TRANSPORTATION INVESTMENTS GENERATING ECONOMIC RECOVERY (TIGER) GRANT FOR THE INFRASTRUCTURE TO INCREASE ROAD CROSSING SAFETY AND PROVIDE FOR THE QUIET ZONE IMPROVEMENTS NECESSARY TO INCREASE THE SAFETY IN AREAS WHERE TRAIN HORNS ARE NOT ROUTINELY SOUNDED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. k. PROCLAMATION — PARALYZED VETERANS OF AMERICA AWARENESS MONTH. V'XII. PUBLIC HEARINGS: (* Designates Quasi -Judicial Hearing) *RESOLUTION 21, 2014 - PCD AMENDMENT TO MODIFY UTILITY EASEMENTS, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE ALTON PLANNED COMMUNITY DEVELOPMENT (PCD) (F.K.A. SCRIPPS FLORIDA PHASE II/BRIGER TRACT PCD) TO INCORPORATE MODIFICATIONS TO UTILITY EASEMENTS, ROADWAY CROSS SECTIONS AND BUFFERS, LAKES, OPEN SPACE, AND REVISIONS TO CONDITIONS OF APPROVAL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. V/ RESOLUTION 22, 2014 - FRANKLIN ACADEMY ART IN PUBLIC PLACES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING ART IN PUBLIC PLACES FOR FRANKLIN ACADEMY PLANNED UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. j./ RESOLUTION 23, 2014 - DOWNTOWN AT THE GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) MASTER SIGNAGE PLAN f) AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF �j,' PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE DOWNTOWN AT THE GARDENS MASTER SIGNAGE PLAN IN ORDER TO MODIFY THE LOCATION OF THREE (3) TENANT WALL SIGNS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ly d. /RESOLUTION 26, 2014 - IMPROVEMENTS AND ASSESSMENTS FOR SUNSET DRIVE AND 40TH TERRACE PROPERTY OWNERS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH Sr1-0 GARDENS, FLORIDA APPROVING CERTAIN INFRASTRUCTURE IMPROVEMENTS FOR PROPERTIES LOCATED ON SUNSET DRIVE, 40TH TERRACE NORTH, AND BRENNA LANE PURSUANT TO THE CITY NEIGHBORHOOD IMPROVEMENT ASSESSMENT PROGRAM (NIAP) AND ADOPTION OF AN ASSOCIATED PRELIMINARY SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. ,/ORDINANCE 6, 2014 — ELECTIONS SECTION 26.8 INITIATIVE AND REFERENDUM. (1ST READING). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 26. ELECTIONS. AT SECTION 26-8. INITIATIVE AND REFERENDUM. BY REPEALING SUBSECTION (G) AND READOPTING SAME, AS REVISED, IN ACCORDANCE WITH SECTION 163.031, FLORIDA STATUTES, PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 26. ELECTIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XIII. RESOLUTIONS: V`kW. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. CHARTER REVIEW COMMITTEE XV. CITY ATTORNEY REPORT: XVI. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by < the City Clerk Prior to the presentation to the Council. 413/1y C4)1 CDVWUL-MCe-P^.f R M y4.t rll_4 .c ,sy "OK PA&-W,✓ro.�o:�Ps Tonight we are holding quasi-judicial hearings_ on the following cases • *RESOLUTION 21, 2014 - PCD AMENDMENT TO MODIFY UTILITY EASEMENTS. • *RESOLUTION 23, 2014 - DOWNTOWN AT THE GARDENS PLANNED COMMUNITY DEVELOPMENT (PCD) MASTER SIGNAGE PLAN AMENDMENT. This means that the City Council is required by law to base its decision on the evidence contained in the '!record of this proceeding, which consists of the testimony at the hearing, the materials which are in the official City file on this application and any documents presented during this hearing. The Council is also required by law to allow cross-examination of any witnesses who testify tonight. Cross- examination may occur after the staff, the applicant and other participants have made their presentations and will be permitted in the order of the witnesses' appearance. It is necessary that anyone who testifies at the hearing remain until the conclusion of the hearing in order to be able to respond to any questions. If you plan to testify this evening, or wish to offer written comments, please fill out a card and give it to the City Clerk. The City Clerk will now swear in all persons who intend to offer testimony this evening on any of these cases. CITY COUNCIL MEETING 04/03/14 PROPOSED ADDITIONS, DELETIONS .AND MODIFICATIONS ADDITIONS: UNDER CONSENT New item L, PROCLAMATION — CHILD ABUSE PREVENTION MONTH DELETIONS: NONE MODIFICATIONS: NONE FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST `NAME —FIRST NAME —MIDDLE NAME l 1\ I" COMMISSION, COMMISSION, AUTHORI , OR COMMnTEE �J CCC Jk MAILING ADDRESS THE BOARD, OOUNciL, COMM ION, AUTHORITY OR COMMITTEE ON 1 SERVE IS A UNIT ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY .y� 1 ' ' POLMCAL Me Nla I C DATE ON WHICH VO E OCCURRED - 3 - POSE �. V"&ECTNE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form_ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative' includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law_ A 'business associate' means arty person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the term in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed DISCLOSURE OF LOCAL OFFICER'S INTEREST I, a� ` L� l ne,� el hereby disclose that on f \\ J 20: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of rry business inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: .TTe-" e., a'n Co^x-'-j "1- - (Dr1.e O -C Se Vfc c-- t Cb rA-fackzw s � ease S Shot c� ir, �- c>-Q(�,ce owed " rnv) q - -s-i-A Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000_ CE FORM 813 - EFF. 1r2W0 PAGE 2 Comments From The Public Request to Address City Council Please Print Name: � t�t,r t S' ,aT�c /ANIa r Address: 47c�3 OT. City: ' Fz- Subject: • ] -& V LJ -Z> plk5 c -Ir � cY�La P/►'c��T A-T Naf--rWLAK,r * lt'l.a�� T4�u2 zL vt> . ��C.S'o I✓ nay o�.l , o1-r� / �/ Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: AV AA Address: - City: I Subject: 1,e.,� CV-,, 7 Members of the public may address the -City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS R MO THE PUBLIC Request to Address City Council Pleast- Print Name Addre City: Subje Members of the public may address the'City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Addres$:. L( City: Subject: � v . Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City. Council Please Print Name:�k C• -� Address: O l City. Subject: L� � Members of the public may address the'City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print c Name: COMMENTS FROM THE PUBLIC Request to Address City Council Addres$: City: Subject: 92 J�.tr Al ( � Members of the public may address the'City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: 19ts_id L Addres-s: 011 D&V Q,-&CJ Opt C,*-) City: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Addres,s: City: Subject: Members of the public may address the -City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: ; f City: CS Members of the public may address the -City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Requek to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City. Council Please Print Name: Address: City: Subject: Members of the public may address the'City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. _ - - COMMEN T s FRom THE PUBLIC - - - --- -- Request to Address City Council Please Pri110,W)44D ntt Name: d49,xw17A,*1 Addres,s:. � 6, 6d—z— S,eF City: . .®'% r. �/ .339eO F— Subject: !ZQ 7;Y- /f 6,9 1/4,�96V7 —T Members of the public may address the'City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FRom THE PUBLIC- Requestto Address City Council Please Print Name: Addres$: _ City: Subject: a4 , cloy Members of the public may address the'City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council , S � 1n Please Print doh ee-d �,o s . .tea k Name: A-0- ,(�� �'� /'o Address: �G� / w�✓ "��!'t /� r City: Subject: Q k=n Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. T COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name. . Address: -V,O � City: P {� �. ► �--3� t Subject: Members of the public may address the -City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the Gity Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. THE PALM BEACH POST REAL NEWS STARTS HERE l SUNDAY,SEPTEMBER.15,201389 -=8.,000 from aas compa city or a town, the audit ment. We think it is fair would avoid a lawsuit. ' recovered roughly $2.1 found. and equitable." This is not the first million. Hugh Gallagher, Amer- Palm -,Beach County time AmeiiGas has been Liz Bloeser, the direc- 17- •" iGas' chief financial of- commissioners approved the subject of a county for of the county's Fi- ficer, said, the company the settlement Tuesday. audit. nancial Management and has changedits computer - The item was on the com-' In 2012, the clerk_and Budget Department, said system Wu 'revent under- mission consent agenda, comptroller's office the county plans to audit payments n the future. approuedwith dozens of found that AmeriGas had AmeriGae tax payments "i don't_anticipate us other, items in one vote I underpaidthe county again next year. having this issue again," without discussion. roughly $1.1 million over Bloeser said the county Gallagher said. " The audit found the a three-year period. expected to collect about The Pennsylvania com- company also owed the Roger Trca, the clerk $1.5 miillioi in public ser- panydistributes propane ' county $22,208 in inter- and comptrolier's inspec- vices taxesfor the budget nationwide and has near-- est, but county adminis- } for general and audit di- year that ends Oct.1. ly 7,100 custmner service trators recommended the rector, said that since The.revenue from the locations iit=50 states. commission approve the .2010 his staff has can- tax is put into the coun- Each local jurisdic- settlement without the ducted four audits - in- tys general fiend and tion has specific require- interest payment, saying cluding two involving' can be used to cover any ments for their various it would Pow the coun- AmeriGas - that looked county expenses. local taxes,,? Gallagher ty to recover 91 percent at public service tax pay - said. "We are happy to of the money the clerk's 4 ments. As a result of the ;sorentrue@pbpost.com have reached the settle- office said was owed and I findings, the county has Twitter. @sorentruepbp (j7�} Via. V1V i It s cuts. "I still have my,neigh- Sprain Boa�lward {SHIN@P line bars who spent 20-plus notab le years of Christmases to- Palm Beach County a' a gether who don't speak commissioners voted �-r- over this," he said. Tuesday to create a } f. Opt out Commissioners vot- special assessment z. ed 6-1 Tuesday g to change district for` a sewer Line x � , �.� Afsessment the initiation method for street paving or drain- for seven properties on "~ continuediromBl . ageprojects.Instead of Swain Boulevard. The, extension will connect , . 4 where he grew up. "She's having a property own- er in the neighborhood to a new sewer line _ � on a fixed income. We're circulate the petitions, a{Orlg 1Qth Avenue ; going to lose the house." the county will mail peti- North that runs east to t Built by late y tions. Haverhill Road. aHMroPWR*9/SraFF husband in 1979, the Commissioners also house is required to con- nect to the new line be- tweaked the method for counting petitions for en - cause four of seven prop- gineering projects, which Water Control District in t remaining sewage, rup ernes on the boulevard . are technically referred Jupiter. Lure the bottom of the voted to create a special to as Municipal Service ; The Swain Boulevard tank tti prevent water ; assessment district that will allow them to go off Taxing Unit programs, or MSTUs. They now require, 'project calls for mid ing a gravity sev� from collecting and fill the tank with sail. septic -tanks and hookup a majority of only the. re- 1 315 feet north fro McLeiiWs property is to sewers. I turned petitions. , , .:...:. Avenue North to . - zoned for multiple units, County commission- Thahneans a ptoj- en,properties on se which also enhances the ers, who have final au- ect affecting 15 property tic tanks. They would tie value. But Ryan McLean rhgrity an wbedw to auamwscan pals is to a lamer sewer line, �'9 8ft8t� move forward with spe- few as five owners reply built by the city of Gre- al as sment of$1 90O it cial assessment dis- to the petition and the enacres, along_10th Aver still A burden. trios $I60^b Tues= a utningi ee the 1{ a RRoad Est to Swain: project i I#a day. Eve respond in favor. The county provides daub and the family Special assessment ar- hutiatmg special as- water and sewer service, is rig out the Swain ' eas are usually set up for sessments for utility proj- to the city.,. _ B N. house. Now, projects that offer a di- ects - such as water ser-, "It jus d .sense -to Iryan-ll+Fc,l.ean said, she Irect benefit to proper- vice or sewer lines - still ' serve the entire street,,, wild have to fell it -and ter €�vners within the dis- requires at least 51 pelt said Bevin Beaudet, the any proceeds from a sale tddrs boundaries, such centpositive responses courity's utilities direc- wcauld e $ only:after as paving roads or install from all property owners. > for �° cost of itg water lines, X W. SlitCe iiti i Coui3==' in the proposezl.ess- ` anent district. Peti�icins t3{efour propea ti& �664in favor- �nt is deduct- ty has created 98 such that are not returned are 11 project, three have been it infuriates me that � for water utili- counted as "no" votes. I cited by the Health De- Palm Beach County is ba- ties projects; Levying a to- But that process might be partment because of sep- sically trampling a ini- al4$ O.S million in as- ; ` changed to require only a ttc t problems, county nonty (vote)," Ryan Mc- sessments. Bach- trict jonty of the returned id`. Lean said. can Incitlid as five property 'or as . ;, . One ' eon's issues wiles : " . vtiicios con iiaifing llrlc- manyas of'whorit' erprojectis'thp�lculaK twatither - ::: share the,cost dt the work-- ' tion method for the as rt. yes from the pro- throughIndividpal as 3 fE ciy sessment, which is based district. But that sessments. "' .Vol ,' onthesize-oiftine prop- � vedrastic aw- 0-1- Property owners m tile": _ ch ert3Misti other lives in the s sessir[ents, proposed, assessment ar-, ajority o vote Athouse with two bed- f the other four proper- easoften start the pro- t by the entire oarins and one bath- owners who favor the cis blr signing a petition 0e. he. room, but it's the size of her lot -one project. - "It is totally iuestiigthe services. should really acre unfair, The cyrcan also start encouragin participa- - assess- just because three peQ- th+epons to gaugea lionthe I meet to $23©55. plc don't want to join, iej interest neighborhood," he said. Across the street arl that we haveto pay up to in-aproject, as it did in "Whatwe are doing now three homes with two $71,000 where we could ihefwain Boulevard sew- is encouraging apathy, 'bathrooms each but on only pay $27,00%" said eririe extension. if we're telling people, much smaller lots. Their Maria Garcia, whose fa- ki the process can di- if you don't do anything assessments are $6,780 ther owns an apartment vide neighborhoods and we're counting you as a II each. complex across the street came hard feelings. `no' vote." Property owners from-Karen.McLean's A w years ago, An- But Commission- can pay off the assess- house. d}r, d. Der petitioned er Paulette Burdick yot- meets overCounty. 20 years, at a officials sym �. the vunt i to gay par- - ed against the cl :be 5 -percent interest rate. gatliize with;the M. 0.1 a tially for paving on the cause slip doesn't th i The sewer line will en- but say there's.noth road in front of a home it's fair that minority of hance the value of the they can do. he owns k Palm Beach , propertytiwhers can ini- properties on Swain, "It would be disrup- Ranchettes, west of Lake: tiate a project affecting a Beaudet said. tive to the process if we Worth, with property ; majority. Once the properties allowed people to opt out owners along the road Special taxing zones are connected to the in various circumstanc- paying the rest. are common throughout sewer line, the proper- es,'; Valeche saicl, "line Commissioners turned the county. Larger dis- ty owners must pay $75 t s whOdsh have rules. it', down Schallees numer- trios include the Acme fora permit abandon on some people' %_ ous requests to pave Far- Improvement District in the septic tank, said Tim we do this I t1JgVxk r, - go Avenue; initiallybe- Wellington, the Indian O'Connor, spokesman'for opening a can of�,��". cause of opposition froth Trail Improvement Dis- the Palm Beach County fi his neighbors and lat- trict in The Acreage and Health Department. They icapomolibpost coal � er because of the budget the South hmdian River also must,pump out any Twitter: @jcapo2Apbpost } I_- d • n 11 that, a blind person third -highest population the world, and we have a us L ; of visually impaired resi- right to live in the world } more disadvantage MISSIng dents in the country, ! according to the and do the things that living in the world in- a sighted person �.. comes tolocating National Federation of volves " tacker," he. said. " �r © "theBlnd. I3anieisen doesn't own < you're at home anti - a �Q1 ket It amounts to about a gun, but he says that someb cks in 430,OOt) Floridians, a beft blind shouldn't be' door, ape, - sizable ppol of potential a barrier to owning a gun the dnly d Ctmb1t10 new permts, especially if or carrying one in public far defense. ;q usetf ' csot�f1mm Bt the concealed weapons applications could be is- ; And laws shouldn't be sued in braille. written in ways that b 'J And here's anoth- broadly discriminate� "But after living in South Florida, mnymind has er thing: It's not hard to , snake a reasonable ar- against people because � of their visual impair - i v changed oiiguns. gument for armingthe meat_ -Florida's concealed blind. t "A Mined petson'S weapons law allows for the denial of a to; "Blind people encoun-t tie stereotype,t is 1stou permit t • _ _ -. ;<l CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, residing within the boundaries of Palm Beach Gardens, many of our neighbors have served as members of the Armed Forces, and in doing so have honored our community with exemplary dedication; and WHEREAS, it is important that we recognize the sacrifices made by our community's veterans who are paralyzed; and WHEREAS, their service to our country and the perseverance in overcoming adversity has shown the steadfast commitment to our nation; and of us. WHEREAS, their stories of hardship and triumph provide life -affirming lessons for all NOW, THEREFORE, I, Robert G. Premuroso, Mayor of the City of Palm Beach Gardens, do hereby extend greetings and best wishes to all observing April, 2014 as alyzed Veterans of America Awareness Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 3rd Day of April, in the year Two Thousand and Fourteen. Mayor Robert G. Premuroso ATTEST: Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS PALM BEA CH CO UNTY, FLORIDA PROCLAMATION WHEREAS, Florida's future prosperity depends on nurturing the healthy development of more than four million children currently living, growing and learning within our many diverse communities; and WHEREAS, research shows that safe and nurturing relationships and stimulating and stable environments improve brain development and the well-being of children, while neglectful or abusive experiences and unstable or stressful environments increase the odds of poor childhood outcomes; and WHEREAS, the abuse and neglect of children can cause severe, costly, and lifelong problems affecting all of society, including physical and mental health problems, school failure, and criminal behavior; and WHEREAS, research also shows that parents and caregivers who have social networks and know how to seek help in times of trouble are more resilient and better able to provide safe environments and nurturing experiences for their children; and WHEREAS, individuals, businesses, schools, and faith -based and community organizations must make children a top priority and take action to support the physical, social, emotional, and educational development and competency of all children; and WHEREAS, during the month of April, Prevent Child Abuse Florida, in collaboration with the Florida Department of Children and Families, will be engaging communities throughout the state in a coordinated effort to prevent child abuse and neglect by promoting the awareness of healthy child development, positive parenting practices, and the types of concrete support families need within their communities; NOW, THEREFORE, I, Robert G Premuroso, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of April, 2014 Child Abuse Prevention Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 3rd day of April in the Year Two Thousand and Fourteen Mayor Robert G. Premuroso Attest: Patricia Snider, CA , City Clerk yla Wd �ri CITY OF PALM BEACH GARDENS ENGINEERING DEPARTMENT 10600 N. MILITARY TRAIL, PALM BEACH GARDENS, FL 33410-4698 March 14, 2014 Property Owner Sunset Drive and 4& Terrace Palm Beach Gardens, FL 33410 Re: Notice of Public Informational Meeting for Possible Improvements and Assessment for Sunset Drive and 40t° Terrace Property Owners Dear Property Owner: As directed by the City Council, City staff will be conducting a Public Informational Meeting for all the affected property owners on Monday, March 24, 2014, from 6:00 p.m. to 7:30 p.m. in the City Council Chambers located at 10500 N. Military Trail, Palm Beach Gardens, Florida in accordance with the Neighborhood. Improvement Assessment Program policies and procedures. The purpose of this meeting is to provide information and answer questions related to the proposed construction of water, sewer and roadway improvements, the timeline for such construction, traffic maintenance during construction, and pertinent financial assessment information. Additional information is available at www.pbgfl.com. Also see attached Exhibit "A"— Project Location Map and Exhibit `B" — Potential Yearly Assessments per Property. Additionally, please be advised that the City Council will conduct a public hearing on April 3, 2014, at 7:00 p.m. in the City Council Chambers located. at 10500 N. Military Trail, Palm Beach Gardens, Florida, as may be continued from time to time and place to place, regarding the proposed improvements to decide which improvements, if any, shall be made. Please feel free to contact me at 561-804-7012 or tenjzle@vbgfl.com should you need additional information regarding these meetings. Sincerely, �r Todd Engle, P. City Engineer Attaclunents cc: Ron Ferris Mayor Premuroso Vice Mayor Jablin Councilmember Russo Councilmember Tinsley Councilmember Levy JOIN 7r, ov tt- A 'A4U SUBJECT AREA LLI da Pxtm BEACH Ar 1 411, EXHIBIT B Pre -Paid hv Aun,.}� BEACH GAP PALM BEACH GARDENS Postage A 1pr pfocc to7lrr, rT. wwk .E plgr' Sunset Drive and 40th Terrace Special Assessment per Monthly Project Total Parcel (Owner Pays 'Through Service Fee* Project Cost Annual (Owner Pays to County Tax Bill) Seacoast) Water, Fire Protec- tion, Sewer, Road- $3,214.80++ way, and Drainage with water and sewer $2,483,934+ annual/20yrs $50* connections and im- (S267.90/per month per parcel) pactfees *Assumes 3,000gaUmonth water use paid to_ Seacoast Utility Authority + Assumes zero easement acquisition cost ++ Includes water meter and all water and sewer impact fees All parcel owners will be required to connect from the dwelling units to the water or sewer service which will be installed to the right-of-way in front of each property at the owner's expense NOTE: Payments above based on current market rate for public assessment bonds of 5% interest rate To: City of Palm Beach Gardens Attn: City Clerk's Office 10500 N. Military Trail Palm Beach Gardens, FL 33410 THE PALM BEACI POST REAL NEWS STARTS HERE I MONDAY,MARCHILLC CITY OF PALM BEACH GARDENS NOTICE OF NEIGHBORHOOD IMPROVEMENT ASSESSMENT PROGRAM PUBLIC INFORMATION MEETING PLEASE TAKE NOTICE That the City of Palm Beach Gardenlorida will conduct a Public Information Meeting on Monday, March 24, 2014, fr 6:00 p.m. to 7:30 p.m. in the C' Council Chambers in the Municipal Complex B ing located at 10500 North M%Iory Troil, Palm Beach Gardens, Florida in order to: Provide information and answer questions regarding the proposed construction of wow, sewer, and roadway improvements, the timelice for such construction, traffic maintenance during construction, and Pertinent financial assessment information for the properties which may be subject to a special assessment for the improvements. The suNed properties are depicted on the map below. All members of the public are invited to attend and seek information regardin the proposed improvements and the potentol special assessment to construct gem. Information regarding the amount that each property may potentially be assessed may be obtained in the Office of the City Clerk (561-799-4122) located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:00 a.m. — 5:00 p.m., except for holidays. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561.799-4122 no later than five (5) days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955.8771 (TDD) or 8OD-955-8770 (VOICE). t B5 Todd Engle, City Engineer Publication Dates: Mach 14, 2014 and March 17, 2014 h ENGINEERING DEPARTMENT 10500 N_ MILITARY TRAIL, PALM BEACH GARDENS, FL 33410-4698 March 11, 2014 Property Owner Sunset Drive and 4& Terrace Palm Beach Gardens, FL 33410 RE: Notice of Public Informational Meeting for possible Improvements and Assessment for Sunset Drive and 40a' Terrace property owners Dear Property Owner, Pursuant to the City Council's directive and Resolution 21, 2013 of the City of Palm Beach Gardens, staff will be conducting a Public Informational Meeting for all the affected property owners on Monday, March 24, 2014 from 6:00 pm to 7:30 pm. This meeting will be held in the City of Palm Beach Gardens Council Chambers located at 10500 N. Military Trail, Palm Beach Gardens, FL in accordance with the Neighborhood Improvement Assessment Program, Resolution 21, 2013, policies and procedures. The purpose of this meeting is to provide information and answer questions concerning the possible construction of water, sewer and roadway improvements, construction time line, traffic maintenance, and financial assessment information. Additional information is available at www.pbgfl.com. See attached exhibit "A" for the project location map. Please feel free to contact me at 561-804-7012 or teng1e@pbgf1.com with any further concerns. Todd Engle, P.E. City Engineer cc: Ron Ferris Mayor Premuroso Vice Mayor Jablin Councilmember Russo Councilmember Tinsley Councilmember Levy Patty Snider From: Todd Engle Sent: Tuesday, March 11, 2G14 4:46 PM To: 'Ron Fumiss; Jamie Voss; Jack Doughney; Janice Massie Cc: Allan Owens; Patty Snider; David Reyes Subject: Sunset and 40th Ter Here is the timeline required for the Public Inforamtion Meeting and the Public Hearing as outlined in the NIAP. We can meet the April 3 Council Meeting public hearing if we choose or we can do the one in May. We do need to have our first advertisement in the Paper on March 10 of this week. Thanks Item Date Dur Public Inforamtion Meeting (PIM) 3/24/2014 Notice - Regular mail 10 days prior to Public Information Meeting (Engineering Office) 3/14/2014 10 Published - 2 consective weeks in the Paper last no less 3/14/2014 & 2 adv than one week prior to the PIM (Clerks Office) 3/17/2014 d; Meeting should be no later than 12 weeks after bids were received (updatign bids on 3/12/2014, engineering) 3/12/2014 12 Public Hearing No less than one week after the PIM 3/31/2014 1 Patty Snider From: Todd Engle Sent: Monday, March 10, 2014 4:41 PM To: Jack Doughney; Max Lohman; Kathleen Gilbert; Allan Owens; Patty Snider Subject: Sunset NIAP PLan Attachments: Resolution 21-13 - Neighboorhood Improvement Assessment Program (NIAP).pdf Attached is the reso for the NIAP plane. We have the following meetings coming up. Public Informational meeting 3/24 Public Hearing 4/3 Let's all make sure we do what we need to in accordance with the NIAP plan. _ O U 0: ajueui3 D Item Legal Requirement Date of Action 3/24/2014 in Council Chambers from 6:00 pm to Public Information Meeting (PIM) 1 7:30 pm Notice - Regular mail 10 days prior to Public Information Meeting (Erigineering Office) 10 Days 3/14/2014 Published fc r two (2) consecutive weeks in a newspaper of general ci one (1) w c e lation. The last publication shall be no less than prior to the PIM (Clerks Office) Two (2) advertising dates 3/1�5/2014 & 3/17/2014 Date to be determined No less than one (1) week upon input from the Public Public HeIrilng I after the PIM Information Meeting Q�a�z - � ►�te�nq - 3 dY /y 7 = 3 a Qo (( Cxou1- fi y` TG,YS(tD e".C� Ve— To w E i rc D o../ r+ au to T-7 a A S, 00 �0, wa,.-k iCQ 7vrc cef 7v Po n C.e P�-Q�2. NoTt,2 TD T"r)-d